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, JULY 29, 2014 No. 120 House of Representatives The House met at 10 a.m. and was I thank the 370 Members who voted in Sergeant Benjamin Prange, PFC Keith called to order by the Speaker pro tem- favor of this resolution. Williams, and PFC Donnell Hamilton. pore (Mr. FARENTHOLD). H. Con. Res. 105 states very simply: Why, you may ask, do I continue to f The President shall not deploy or maintain speak against the war in Afghanistan? United States Armed Forces in a sustained Because American servicemembers are DESIGNATION OF SPEAKER PRO combat role in Iraq without specific statu- still dying. TEMPORE tory authorization for such use enacted after Mr. Speaker, I have a poster beside The SPEAKER pro tempore laid be- the date of the adoption of this concurrent me on the floor today that probably resolution. fore the House the following commu- gives a better example of war than nication from the Speaker: Mr. Speaker, it is my hope that we even I do with my words. It is a little will have other debates on the Con- WASHINGTON, DC, girl holding the hand of her mom as July 29, 2014. stitution and the role of Congress in the United States Army is getting I hereby appoint the Honorable BLAKE deploying our military, including a de- ready to start the caisson. The little FARENTHOLD to act as Speaker pro tempore bate on repealing both the 2001 and 2002 girl is wondering why her father is in on this day. AUMF. the casket draped by an American flag. JOHN A. BOEHNER, There is no decision more important These are the costs of war. We must Speaker of the House of Representatives. than a vote to commit a young man or always carefully consider where we are f woman to war to potentially give their going to send our young men and life for our country. That is one reason MORNING-HOUR DEBATE women overseas to fight and give their that I am opposed to President life. The SPEAKER pro tempore. Pursu- Obama’s decision to allow U.S. troops Mr. Speaker, with that, I will close ant to the order of the House of Janu- to remain in Afghanistan. While he by asking God to please bless our ary 7, 2014, the Chair will now recog- says that we are withdrawing our troops, God to please bless the families, nize Members from lists submitted by troops, the fact remains that 32,800 and for God to continue to bless Amer- the majority and minority leaders for members of the American military re- ica. morning-hour debate. main in harm’s way in Afghanistan at f The Chair will alternate recognition this very moment. between the parties, with each party We have all read and heard the re- SENATE TRANSPORTATION BILL limited to 1 hour and each Member ports from Special Inspector General The SPEAKER pro tempore. The other than the majority and minority for Afghanistan Reconstruction, John Chair recognizes the gentleman from leaders and the minority whip limited Sopko, which details rampant waste, Oregon (Mr. BLUMENAUER) for 5 min- to 5 minutes, but in no event shall de- fraud, and abuse of American re- utes. bate continue beyond 11:50 a.m. sources. Mr. BLUMENAUER. Mr. Speaker, as f We in Congress continue to propose early as this afternoon, the Senate de- cuts to domestic programs that assist bates transportation funding. It is not AFGHANISTAN our veterans, children, and senior citi- just about the money to stop the sum- The SPEAKER pro tempore. The zens, yet there are no cuts to the mer slowdown that is impacting Chair recognizes the gentleman from money that is being funneled overseas projects and jobs all across America be- North Carolina (Mr. JONES) for 5 min- to prop up a corrupt Afghan regime. cause we have not adequately funded utes. One would think that we would learn our transportation needs. It is an op- Mr. JONES. Mr. Speaker, this past from history. No amount of blood or portunity to focus our response to the Friday was a monumental day in the treasure will change Afghanistan. It is larger infrastructure crisis which is no House of Representatives as we finally what it is, like it or not. It is what it longer just looming but is upon us. had a debate on the merits of sending is. America is literally falling apart. U.S. troops back into the conflict in As I close, I want to mention three The American Society for Civil Engi- Iraq. members of the Army who died on July neers has famously rated our transpor- Again, I thank the House leadership 25 as a result of their service in Af- tation with a D-plus, with an overall and the Foreign Affairs Committee ghanistan. I also want to thank ABC dismal scorecard for other infrastruc- leadership for working with Represent- News for faithfully honoring our fallen ture categories. atives MCGOVERN, LEE, and myself to servicemembers. The names of the We can no longer afford to maintain bring H. Con. Res. 105 to the floor, and three fallen Army members are Staff our existing system in a state of good

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 01:02 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.000 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H6980 CONGRESSIONAL RECORD — HOUSE July 29, 2014 repair. Eleven percent of our bridges have to come back after the election We all remember that ObamaCare are obsolete or functionally deficient. and work into the holidays, we should was hastily passed after an election Ongoing operations, to say nothing of do so. Congress should not recess for which cost the Democrats their super- strategic new investments, are increas- vacation, for campaigning, or adjourn majority in the Senate. They couldn’t ingly difficult. for the year unless it has met its re- edit this law because the people of Mas- This is sad because the Federal Gov- sponsibilities for a long overdue, 6- sachusetts denied them that privilege. ernment used to play an essential role year, robust transportation bill pro- But that didn’t stop Democrats from for infrastructure throughout our his- vided with enough sustainable, dedi- ramming this poorly drafted law tory, from Benjamin Franklin’s postal cated funding to stop this chronic un- through using some very questionable roads to Abraham Lincoln’s trans- certainty. legislative tactics. Now they are ask- continental railroad to Dwight Eisen- The Senate will be debating limiting ing the courts to let them make edits hower’s interstate highway system. funding for this year or sliding into to the plain language of law without The ability to even imagine such ac- next. They will even debate Senator consulting Congress. complishments is increasingly a thing LEE’s proposal to slash the Federal As this case moves forward on ap- of the past. This means we are losing partnership and turn it back to the peal, judges should ask themselves this our competitive edge to be able to States as an unfunded mandate, elimi- question: Is it my role to shield the move goods efficiently. Our families nating the gas tax and, with it, any Democratic Party from the con- are losing mobility. thoughtful, overall Federal transpor- sequences of a republic form of govern- Our low level of investment is being tation system. ment? I don’t recall ever reading that dwarfed by competitors overseas: Eu- These are the choices that really particular clause in my copy of the rope, India, Japan, and especially need to be drug out into the light. Constitution. They need to be talked about in the China. f Shanghai has 14 subway lines, a high- open to find out what the public speed Maglev railway, two massive thinks, and then we make a decision, THE LEGISLATURE’S JOB IS TO modern airports, 20 expressways, and a let them know, and move on. America PASS LEGISLATION high-speed train leaving Shanghai deserves no less. The SPEAKER pro tempore. The every 3 minutes. China has spent 81⁄2 f Chair recognizes the gentleman from percent of its gross domestic product ANNOUNCEMENT BY THE SPEAKER Illinois (Mr. QUIGLEY) for 5 minutes. for 20 years, while American invest- PRO TEMPORE Mr. QUIGLEY. Mr. Speaker, as the ment has shrunk to 1.7 percent re- House uses what little legislative time The SPEAKER pro tempore. Mem- cently for a system that is variously is left in the year to sue the President, bers are reminded to refrain from traf- rated 12th or 27th, depending on what I am reminded of what Benjamin Dis- ficking the well while another Member you are looking at. raeli once said: ‘‘How much easier it is is under recognition. Is it any wonder that China’s econ- to be critical than to be correct.’’ That omy has expanded 700 percent in 20 f is the reason why the American public years while America struggles to grow OBAMACARE thinks that the lawsuit against the at 2 percent a year? The SPEAKER pro tempore. The President of the United States is a po- With such an overwhelming, well-es- Chair recognizes the gentlewoman from litical stunt, because it is a political tablished need, it is criminal that Con- North Carolina (Ms. FOXX) for 5 min- stunt. gress is in the process of making a de- utes. The majority argues that the Presi- cision that will probably delay any Ms. FOXX. Mr. Speaker, the recent dent’s executive actions give them no meaningful opportunity to correct this decision in Halbig v. Burwell held that choice but to sue the President; that it situation in transportation funding for ObamaCare ‘‘makes tax credits avail- is the legislative branch’s job to defend 3 years or longer. able . . . to individuals who purchase against the executive branch’s sup- Yes, it is essential that a financial health insurance through . . . ex- posed overreaches. transfer take place to the highway changes . . . established by the State.’’ But I will tell you what the job of the trust fund to stop the summer slow- Supporters of the law predictably de- legislature is. The job of the legisla- down and give Congress a chance to cried judicial partisanship. They ture is to pass legislation. work, but hopefully, only with enough claimed the reasoning of the Court was For 112 Congresses before this one, money to work through this year. The spurious because it led to an absurd re- the fight over the separation of powers Senate may well appropriate enough sult which was not in line with the in- has endured, with each Congress before money, as the House did a couple of tended policy of the law. us using the powers allocated to it in weeks ago, to slide into the next Con- Also recently, video surfaced of MIT our Constitution to pass legislation to gress with new committees, new lead- health economist Jonathan Gruber, a counter the actions of the President. ership, perhaps, in the Senate. The sit- prominent architect of and supporter 1015 uation will get no easier, no less com- of ObamaCare, clearly stating that b plex, and no less expensive if this Con- States have an incentive to set up ex- It is not a unique idea: You don’t like gress abandons its responsibility. changes so that their citizens will have the job the President is doing? Well, This is a continuation of an unfortu- access to Federal subsidies. So much then let’s do our job. You don’t like the nate pattern since 2003, where a series for the charge that the Court’s rea- President’s policy? Well, then let’s of ever-shorter solutions and 21 tem- soning led to an absurd result. enact some policies of our own. Rather porary extensions have created near Mr. Speaker, it is quite obvious that than litigating, we should be legis- permanent uncertainty for commu- someone at some point in the legisla- lating. nities who rely on the Federal partner- tive drafting of ObamaCare thought My colleagues on the other side of ship for the big picture, major repair, using Federal subsidies as an incentive the aisle have been so busy trying to and new construction of roads, transit, to get States to set up insurance ex- prevent the President from doing his and bridges. changes was a good idea, and that was job, they have forgotten to do their The people who build, maintain, and the view that was codified as law. But own. For years, their number one legis- depend on our transportation infra- at a fundamental level, the issue here lative priority was making President structure are in the dark where they isn’t the way the statute was written; Obama a one-term President, to dis- stand now, where they will be in 6 it is the way the statute was passed. credit him, to delegitimize him. Time months, where they will be 2 years The extremely partisan nature of and time again, with every issue, from from now. It is absolutely unaccept- ObamaCare’s passage has made the ad- extending unemployment insurance to able. ministration unwilling or unable to comprehensive immigration reform to I will fight for this Congress to get seek fixes via the normal legislative climate change, to name a few, this on with its job now. If it means we process because doing so would neces- Congress has punted the ball. Instead have to work in October instead of sitate working across the aisle and of finding the courage to tackle the campaigning, so be it. If it means we compromising. tough issues the American people are

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We are afraid that if we actually Here are some reasons why we need it. it, there are still organizations, feder- allowed a vote, we might actually pass For some who are experiencing the ally funded with taxpayer dollars, that something. most serious mental illnesses, like bi- believe individuals who are too sick to This Congress makes Truman’s ‘‘do- polar disorder or schizophrenia, they seek treatment will be better off left nothing Congress’’ seem downright don’t think their hallucinations are alone than in inpatient or outpatient busy. No wonder why our approval real; they know they are real. Their ill- treatment. It is insensitive. It is cal- numbers are so low. It is ironic that a ness affects their brains in such a way lous. It is misguided. It is unethical. It Congress that refuses to get anything that they are certain, beyond all doubt, is immoral. And Congress should not done has the audacity to accuse the their delusions are real. It is not an at- stand by as these organizations con- President of getting too much done. titude or denial. It is a very real brain tinue their abusive malpractice against The President isn’t taking our power condition. the mentally ill. away from us. We have abdicated it to With that understanding, we are left The misguided ones are more com- him. with a series of questions: Do these in- fortable allowing the mentally ill to Since George Washington, our Presi- dividuals have a right to be sick, or do live under bridges or behind dumpsters dents have used executive actions to they have a right to treatment? Do than getting the emergency help that get things done, yet the majority ar- they have a right to live as victims on they need in a psychiatric hospital or gues that this President is the excep- the streets, or do they have a right to an outpatient clinic because they cling tion to the rule. President Obama may get better? Do they have a right to be to their fears of the old asylums, as if be the exception, but not in the way disabled and unemployed, or do they medical science and the understanding that they think. Out of the last 10 have a right to recover and get back to of the brain has not advanced over the Presidents, President Obama has work? I believe these individuals and last 60 years. signed the least number of executive their families have the right to heal We would never deny treatment to a orders, on average, per year. So far, the and lead healthy lives. stroke victim or a senior with Alz- But they are sometimes blinded by a President has even signed half as many heimer’s disease simply because he or symptom called anosognosia, a neuro- as President Reagan did. she is unable to ask for care. Yet, in logical condition of the frontal lobe Yet despite this, let’s remember what cases of serious brain disorders, like which renders the individual incapable the President has been able to accom- schizophrenia, this cruel conundrum plish over the last 6 years. President of understanding that they are ill. Every single day, millions of families prevents us from acting even when we Obama brought our economy back from struggle to help a loved one with seri- know we must because the laws say we the brink of depression, lowering un- ous mental illness who won’t seek can’t. We must change those misguided employment from 10 percent in 2009 to treatment. Many knew that Aaron and harmful laws. 6.1 percent today. We have had 52 Alexis, James Holmes, Jared Loughner, The system is the most difficult for straight months of private sector job Adam Lanza, and Elliot Rodgers need- those who have the greatest difficulty. growth, with the last month being the ed help. Why are some more comfortable with fifth month in a row of adding 200,000 Their families tried, but the individ- prison or homelessness or unemploy- jobs or more to the economy. ual’s illness caused them to believe ment, poverty, and a 25-year shorter The President passed health care re- nothing was wrong, and they fought life span? form, achieving what every President against the help. These families watch I tell my colleagues: Do not turn a since Teddy Roosevelt has tried and their brother, their son, or their parent blind eye to those that need our help. failed to do. Now millions of Americans spiral downward in a system that, by The mentally ill can and will get better who were previously barred from design, only responds after crisis, not if Congress takes the right action. health insurance coverage because of before or during. The loved one is more Tomorrow, Representative EDDIE preexisting conditions or because they likely to end up in prison or living on BERNICE JOHNSON of Texas and I will simply could not afford it can access the streets, where they suffer violence hold a briefing at 3 p.m. on the rights the care they desperately need. and victimization, or cycle in and out of the seriously mentally ill to get And the President has taken unprece- of the emergency room or commit sui- treatment. I hope my colleagues will dented action to protect our environ- cide. attend and understand that we have to ment. He has proposed the toughest In a recent New York Times article take mental illness out of the shadows fuel economy standards for passenger about Rikers Island prison, they report by passing the Helping Families in vehicles in U.S. history, put a plan in that over an 11-month period last year, Mental Health Crisis Act, H.R. 3717, be- place to cut carbon pollution from new 129 inmates suffered injuries so serious cause where there is no help, there is and existing power plants, and signifi- that doctors at the jail’s clinics were no hope. cantly increased production of renew- unable to treat them; 77 percent of f able energy. those inmates had been previously di- HONORING TED RUBIN In 6 years, President Obama has ac- agnosed with mental illness. complished more than many who have Rikers now has as many people with The SPEAKER pro tempore. The come before him, despite a do-nothing mental illness as all 24 psychiatric hos- Chair recognizes the gentleman from Congress whose stated mission has pitals in New York State combined, California (Mr. LOWENTHAL) for 5 min- been obstruction. and they make up nearly 40 percent of utes. Mr. Speaker, Malcolm X used to say the jail population, up from about 20 Mr. LOWENTHAL. Mr. Speaker, I that if you have no critics, you likely percent 8 years ago. stand here today to honor the military have no successes. Inmates with mental illnesses com- service and the life of Tibor—known to The intent of the majority’s lawsuit mit two-thirds of the infractions in the us as Ted—Rubin, a Korean war vet- may be to spotlight the President’s jail, and they commit an overwhelming eran, a Holocaust survivor, and a pris- critics, but I am confident that what it majority of assaults on jail staff mem- oner of war survivor. will actually do is prove his successes. bers. Yet, by law, they cannot be medi- Mr. Rubin received the Congressional f cated involuntarily at the jail, and hos- Medal of Honor in 2005, and he will be pitals often refuse to accept them un- the guest of honor at a ceremony in the HELPING FAMILIES IN MENTAL less they harm themselves or others. city of Garden Grove at their post of- HEALTH CRISIS ACT Is that humane? Shouldn’t we have fice in Orange County, California, on The SPEAKER pro tempore. The acted before they committed a crime August 8, 2014. Chair recognizes the gentleman from to compel them to get help? Ted was born on June 18, 1929, in Pennsylvania (Mr. MURPHY) for 5 min- According to the article, correctional Hungary. He spent 14 months in a con- utes. facilities now hold 95 percent of all in- centration camp in Austria, which was

VerDate Mar 15 2010 01:02 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.004 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H6982 CONGRESSIONAL RECORD — HOUSE July 29, 2014 liberated by the United States Army. at his front door and ordered him to leave termination of Christians in Iraq, the Inspired by the work of the United the city. The 70-year-old Christian had failed silence in this town, in Washington, is States Army who saved him, he en- to comply with a decree issued by the Is- deafening. Does Washington even care? listed and became a member of the U.S. lamic State of Iraq and Syria, ISIS. Where is the Obama administration? Yacub’s hometown of Mosul had boasted a Army’s 8th Cavalry Regiment, 1st Cav- Christian community for almost 2,000 years. The President has failed. Where is the alry Division, on February 13, 1950, and But then the al Qaeda-inspired fighters who Congress? The Congress has failed. he was soon deployed to Korea. overran the city last month gave Christians Time is running out. The Christians Despite facing religious discrimina- an ultimatum. They could stay and pay a tax and other religious minorities in Iraq tion from his sergeant, who sent him or convert to Islam—or be killed. are being targeted for extinction. They on the most dangerous missions in Yacub, 70, was one of the few Christians re- need our help. Literally, during our South Korea’s Pusan Perimeter and maining beyond last Saturday’s noon dead- time, we will see the end of Christi- who withheld his commendation, he line. He may have even been the last to leave anity in the place it began. alive. ‘‘A fighter said, ‘I have orders to kill fought valiantly. Corporal Rubin en- f abled the complete withdrawal of his you now,’’’ Yacub said just hours after the Sunni extremists tried to force their way comrades by solely defending a hill INSTITUTIONAL LITIGATION IS into his home at 11 a.m. on Monday. ‘‘All of UNPRECEDENTED under an overwhelming assault by the people in my neighborhood were Muslim. North Korean troops. They came to help me—about 20 people—at The SPEAKER pro tempore. The He inflicted a staggering number of the door in front of my house. They tried to Chair recognizes the gentleman from casualties on the attacking force dur- convince ISIS not to kill me.’’ North Carolina (Mr. BUTTERFIELD) for 5 ing his personal 24-hour battle and The rebels spared Yacub but threw minutes. helped capture several hundred North him out of the city where he had spent Mr. BUTTERFIELD. Mr. Speaker, as Korean soldiers. During a massive his entire life. They also took his Iraqi many of my colleagues know, I spent 30 nighttime assault, he manned a .30-cal- ID card before informing him that el- years in a courtroom, one-half of those iber machine gun and slowed the pace derly women would be given his house. as a judge, including 2 years on the of the enemy advance. Mr. Speaker, this is but one example North Carolina Supreme Court. I have On a later assignment, Corporal of what is unfolding in Iraq right be- taken particular interest in House Res- Rubin was severely wounded, and he fore our eyes. The end of Christianity, olution 676, and I have spent consider- was captured. He disregarded his own as we now know it, is taking place in able time researching the standing of personal safety and immediately began Iraq. This is the fifth time I have come the House to initiate litigation against sneaking out of the camp at night in to the floor over the last week to try to a President or Department heads or search of food for his comrades. raise awareness of what is happening, Federal agencies to seek ‘‘appropriate Risking certain torture or death if he to talk about the genocide. relief for failure to act in a manner was caught, he provided food to the It is genocide that is taking place. consistent with the duties of the execu- starving soldiers, and he provided des- Yes, genocide: the systematic extermi- tive branch.’’ perately needed medical care for the nation of a people of faith by violent Never before, Mr. Speaker, in the his- wounded in the prisoner of war camp. extremists seizing power in a region. tory of the Congress, has there been He used improvised medical techniques ‘‘institutional litigation’’ between two to save his fellow soldiers and provided Churches and monasteries have been coequal branches of government— critical moral support. His brave, self- seized. Many of them have been burned never. There have been prior cases in- less efforts were directly attributed to down. volving individual Members of Con- saving the lives of as many as 40 of his Last week, it was widely reported gress who have alleged that their vote fellow prisoners. that ISIS had blown up the tomb of the Corporal Rubin’s gallant actions in prophet Jonah. had been nullified by Presidential ac- close contact with the enemy and Christians, threatened with their tion, but none of them succeeded. unyielding courage and bravery while a lives if they do not leave the region, This bill will clearly authorize insti- prisoner of war are in the highest tra- are being robbed as they leave a land tutional litigation between the legisla- ditions of military service and reflect they have lived on for more than 2,000 tive and executive branches—unprece- great credit upon himself and the years. dented, Mr. Speaker. United States Army. With the exception of Israel, the The Republicans have chosen to pro- Corporal Rubin states: ‘‘I always Bible contains more references to the ceed with a one-Chamber resolution. wanted to become a citizen of the cities, regions, and nations of ancient The Affordable Care Act, I remind you, United States, and when I became a Iraq than any other country. The patri- was a two-Chamber enactment. The citizen, it was one of the happiest days arch Abraham lived in the city of Ur. House, as an institution, as a subset of in my life. I think about the United Isaac’s bride, Rebekah, came from the Congress, Mr. Speaker, cannot by States, and I am a lucky person to live northwest Iraq. Jacob spent 20 years in itself enforce a legislative enactment. here. When I came to America, it was Iraq, and his sons—the 12 tribes of It must be bicameral. the first time I was free. It was one of Israel—were born in northwest Iraq. This misguided and politically-moti- the reasons I joined the U.S. Army, be- The events of the book of Esther took vated resolution will establish a prece- cause I wanted to show my apprecia- place in Iraq, as did the account of dent that is unknown in our jurispru- tion. It is the best country in the Daniel in the lion’s den. dence. It is an abuse of power on the world, and I am part of it now. I do not Many of Iraqi’s Christians still speak part of House Republicans. have to worry about the gestapo Aramaic, the language of Jesus. The If this bill passes and this Repub- knocking on my door tonight. I have Pope has spoken out. His Beatitude Ig- lican-controlled House initiates a law- shalom, peace. People die for it.’’ natius Ephrem Joseph III Younan, the suit without Senate authorization, it will threaten the separation of powers f overseer of Syriac Catholics around the globe, has spoken out. principle and the checks and balances HAS LAST CHRISTIAN LEFT IRAQI that we have long cherished in our CITY OF MOSUL AFTER 2,000 b 1030 country. YEARS? His Grace Bishop Angaelos, general I ask my colleagues: Do you want the The SPEAKER pro tempore. The bishop of the Coptic Orthodox Church judiciary to become the arbiter of dis- Chair recognizes the gentleman from in the United Kingdom, has spoken putes between the Congress and the Virginia (Mr. WOLF) for 5 minutes. out. Archbishop Justin Welby, the President? Do you really want to cede Mr. WOLF. Mr. Speaker, I want to archbishop of Canterbury and leader of to the courts the authority to resolve read the following piece that was post- the world’s 80 million Anglicans, has disputes between the branches? ed on nbcnews.com yesterday. The spoken out. Russell Moore, a key lead- If you set this precedent, then, in the headline was: ‘‘Has Last Christian Left er in the Southern Baptist Convention, future, the House or the Senate, acting Iraqi City of Mosul After 2,000 Years?’’ has spoken out. alone, could simply allege a constitu- Samer Kamil Yacub was alone when four Despite these Christian leaders tional violation against the President Islamist militants carrying AK–47s arrived speaking out about the systematic ex- and get its day in court.

VerDate Mar 15 2010 01:02 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.005 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H6983 Well, what happens if a President is the ESA was written with the best of Act could not be defended in court, the unhappy with the House or with the intentions, areas of the law hinder, House of Representatives wasted $3.5 Senate? Could she just allege a con- rather than enhance, our ability to ef- million trying to defend the indefen- stitutional violation and have the fectively manage ecosystems and con- sible in court and lost in front of the courts settle the dispute? If this prece- serve species as initially intended. Supreme Court. We have had, in that dent is established, will the House be Today, the law is failing, failing to time, no minimum wage increase, no able to sue the Senate or the Senate achieve its primary purpose of species extended unemployment insurance, and sue the House? Where does this end? recovery and has only a 2 percent re- no pay equity for women because it I call on my Republican friends to covery rate. costs too much money. This House has talk to objective legal scholars and In April, the House Natural Re- passed $850 billion in unpaid-for tax read the literature and prior court de- sources Committee advanced this pack- loopholes for large corporations—un- cisions, protect the integrity of our age of bills through committee with paid for. Federal system, and reject this resolu- support from both sides of the aisle. Now, they want to waste more tion. As a member of the House Endan- money. The Speaker wants to waste Finally, I ask the proponents of this gered Species Act Working Group, more money on a meritless lawsuit legislation to tell me two things: which developed the findings and rec- against the President for not taking Tell me, what relief are you asking ommendations for these proposals, I care that the law be faithfully exe- the court to impose? I suppose your an- encourage my colleagues to support cuted. swer would be, well, we want the court these reforms that promote greater What did he do? In implementing the to tell President Obama that he lacked transparency and accountability under Affordable Care Act—which the Repub- authority to extend the employer man- the Endangered Species Act, while en- licans have tried to repeal 50 times—he date. suring the ecological and economic postponed implementation of one pro- Why are you upset about that? I needs of our local communities are vision by a year—a provision the Re- thought you didn’t like the employer being met. publicans opposed, so they now want to mandate. f waste money to go into court and sue Well, tell me, how do you plan to pay the President to say he had no power to HOUSE REPUBLICANS’ SHAMEFUL for this frivolous litigation? Under this postpone this for a year, even though DIVERSION TECHNIQUES resolution, Mr. Speaker, the Speaker of no one opposed President Bush when he the House will have unbridled discre- The SPEAKER pro tempore. The postponed for a year a provision of the tion to pay legal costs and expert Chair recognizes the gentleman from Medicare drug act when he was Presi- costs. I did not know that the House of New York (Mr. NADLER) for 5 minutes. dent. Representatives has the authority to Mr. NADLER. Mr. Speaker, 6 years It is well within the discretion of pass a bill that will require unbudgeted ago, President Obama and the Demo- Presidents, in implementing a law, to spending that will add to the deficit cratic Congress took office. When they postpone parts of it in order to get it that you constantly bemoan. How took office in January of 2009, the done right. That has been very clear, much will this litigation cost the tax- economy was in free fall, and we were and it becomes another question. Let’s payers? losing 800,000 jobs a month—losing assume the Republicans went into Mr. Speaker, this is a very sad day in 800,000 jobs a month, but the Congress court and overturned the standing this House. I know what you are doing, went to work, and under the guidance question that Mr. BUTTERFIELD talked and the American people know what of President Obama, we passed the about—which they will not—what is you are doing. You are using this legis- American Recovery Act, we saved the the remedy they seek? lation in your constant effort to dis- American automobile industry, and By the time it got to court, that pro- credit President Obama and set the within 14 months, we were gaining vision will have been implemented, so stage for a despicable impeachment 250,000 jobs a month. We turned around the Republicans want to waste $5 mil- proceeding should you hold the major- over 1 million jobs a month, from los- lion or $6 million of taxpayers’ money ity in the House and gain the majority ing 800,000 to gaining 250,000 in 14 to go into court and say, Judge, order in the Senate. months. the President to implement what has Shame on House Republicans. Shame The President knew that that wasn’t been already implemented—totally ri- on you for this type of politics. sufficient to continue the progress, so diculous. The SPEAKER pro tempore. The he proposed the American Jobs Act, So what have we got? We have got a Chair will remind the Members that re- and he proposed a major investment in Congress with no highway bill, no min- marks in debate must be addressed to American infrastructure. But the imum wage bill, no unemployment ex- the Chair and not to others in the sec- newly-elected Republican Congress— tension bill, no pay equity for women ond person. the obstructionist Republican Con- bill, no action on campaign finance re- f gress—stopped the American Jobs Act, form, no action to reduce the burdens wouldn’t pass the infrastructure bill, of student loans, no action to make HOUSE PASSAGE OF ENDANGERED and stopped every job initiative the sure that women continue to have ac- SPECIES ACT BILLS President and Democrats proposed, and cess to contraceptive services—despite The SPEAKER pro tempore. The we have had a slow recovery from that the Supreme Court’s Hobby Lobby de- Chair recognizes the gentleman from recession. cisions—no action on all the emer- Pennsylvania (Mr. THOMPSON) for 5 We are gaining about 200,000 to 250,000 gencies that face the American people, minutes. jobs a month. It is up a little, and that but we are going to waste money on a Mr. THOMPSON of Pennsylvania. is good, but our economy is about $2 meritless lawsuit that will go nowhere, Mr. Speaker, this week, the House will trillion below its productive capacity, but simply will serve the single func- be advancing solutions to some signifi- below what it should be because every tion of diverting attention from all the cant issues that are facing this Nation. proposal from the President has been real problems the House Republicans Among those, I rise today to discuss stopped by the Republican Congress, want to continue to ignore. one of those, a piece of legislation set which shouldn’t have time for it, but That is not a proper use of the tax- for consideration by the House later they had time for other things. payers’ money, more wasted money for this week, H.R. 4315, the Endangered We had plenty of time to take 50 political purposes—for shame. Species Transparency and Reasonable- votes on repealing the Affordable Care f ness Act. It is a package of reform bills Act at a cost to the taxpayers of about that will modernize and improve the $79 million to repeat that vote 50 HONORING THE LIFE AND SERVICE Endangered Species Act. times. We had time for the Republicans OF WALDWICK, NEW JERSEY, PO- In 1973, the Endangered Species Act to shut down the government. That LICE OFFICER CHRISTOPHER was first enacted to protect and re- cost the economy about $24 billion. GOODELL cover key domestic species that are We had time when the administra- The SPEAKER pro tempore. The under threat of distinction. Although tion knew that the Defense of Marriage Chair recognizes the gentleman from

VerDate Mar 15 2010 01:02 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.007 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H6984 CONGRESSIONAL RECORD — HOUSE July 29, 2014 New Jersey (Mr. GARRETT) for 5 min- common to early Texas towns and be- DACA promotes amnesty by using utes. came an early indicator of the social prosecutorial discretion to allow ille- Mr. GARRETT. Mr. Speaker, I rise change that was to come to America, gal immigrant children and those who today to honor the life and service of taking on issues such as civil rights came here illegally as children a depor- Waldwick, New Jersey, Police Officer and women’s education. tation deferral to remain in the coun- Christopher Goodell. Officer Goodell Life in Cotulla inspired a very young try for up to 2 years. The deferral pe- was killed in the line of duty on July teacher, a man by the name of Lyndon riod is subject to renewal. 17, 2014, when a truck hit his police B. Johnson, who went on to serve as DACA also permits illegal aliens to cruiser. He was just 32 years old. our country’s 36th President, and in- obtain work authorization, despite the Although Officer Goodell’s life was spired him to lead the fight for change. fact that they are not in the country tragically cut short, he lived a life of President Johnson taught Mexican legally. This takes jobs away from purpose, serving both his community Americans in Cotulla’s segregated pub- hardworking American taxpayers and and his country as well. lic schools. hurts our economy. According to ICE, Officer Goodell was raised up in remittances from El Salvador, Guate- Waldwick and graduated from b 1045 mala, and Honduras are estimated to Waldwick High School, just back in the Early on, he understood how edu- cost the U.S. taxpayer $10 billion a year 2000. Shortly after September 11, cation could pull a family out of gen- year. Officer Goodell enlisted in the U.S. Ma- erations of poverty and push them into Last month, DHS Secretary Johnson rines. Officer Goodell served in the the middle class. LBJ, after his experi- announced that DACA would be ex- military for 5 years, even including a ence in Cotulla, once said: tended and that those who have been tour of duty over in Iraq. This Nation could never rest while the protected from deportation would have After his military service, Officer door to knowledge remained closed to any a chance to renew their applications. Goodell returned back to his hometown American. Democrats say that DACA is irrele- of Waldwick, New Jersey, and joined Education, the key that opens the vant because it only applies to illegal the Waldwick Police Department. He locks of success, found an early ally in immigrants who have been here since took a special interest, if you will, in Cotulla. The town itself was founded by 2007, but let me tell you why DACA re- discouraging teens from drinking and a young entrepreneur by the name of form does matter. driving. Joseph Cotulla, who was a Polish im- First, the administration will expand He spoke about the dangers of drunk migrant and a veteran of the Union DACA. President Obama has instructed driving back at Waldwick High School, Army. He was willing to take the risk DHS Secretary Johnson and Attorney and he also ran an annual DWI preven- of establishing a town after learning General Holder to come up with a list tion course. that the International-Great Northern of executive actions to address immi- It was on June 11 of this year that Of- Railroad intended to expand into La gration reform. DACA is going to be on ficer Goodell was recognized in the Salle County. This willingness to risk that list. State by the State chapters of Mothers Second, DACA has given Central is still what makes our country great Against Drunk Driving, doing this for American children false hope that they today. all of his good service. will be able to obtain amnesty as those The town grew from an early farming Thinking about it, Officer Goodell before them have done. truly had a bright future ahead of him. and ranching community into an en- DACA began in 2012, and the numbers Just last month, he had proposed to his ergy boomtown in the 1950s. That still tell the story. In fiscal year 2013, there girlfriend, and they had plans to get continues today in the Eagle Ford was a 305 percent increase in the num- married in 2016, but now, he is survived Shale area. Today, as in the past, the ber of unaccompanied alien children by his fiancee, a loving family, and an folks in Cotulla work to secure Amer- that came to the U.S. That figure is ex- endless number of friends. ica’s energy future, and by 2035, our en- pected to increase by 1,381 percent in Officer Goodell was truly a home- ergy deficit will be reduced to 4 per- fiscal year 2014. Yes, you heard me town hero. He lived a life of purpose, cent. right: 305 percent in 2013; 1,381 percent and he died serving and protecting the Today, many of the descendants of in 2014. Those numbers are evidence of community where he grew up. So I Joseph Cotulla still live in the town. the correlation between DACA and the come here today and I ask my col- The town has seen tremendous change influx of unaccompanied alien children leagues here in the House of Represent- since its founding and its infamous coming to the U.S. atives to join me today in paying trib- early reputation. In truth, we find a Just recently, I learned that the ad- ute to Officer Goodell. small reflection of America in Cotulla: ministration secretly placed 760 unac- We recognize, as we do this, that a willingness to overcome adversity companied alien children into Ten- words alone may be of little comfort to and take risks to find success and to nessee. This was done despite assur- the family and the friends of Chris- achieve. Cotulla’s history also points ances I had received from the adminis- topher Goodell. It is my hope that they out that the fabric of American society tration that alien children were not in may find some solace, knowing that doesn’t always match our founding val- Tennessee. Indeed, the administration our thoughts and our prayers will be ues, but in Cotulla, it set in place a de- appears extremely organized and eager with them. sire to change that. when it comes to resettling the illegal I invite anyone who is visiting south f immigrants in this country. I wish Texas to stop by Cotulla, to learn its they were as eager and organized about JOURNEYING THROUGH THE 23RD history, and to enjoy its hospitality. addressing the concerns of our vet- DISTRICT OF TEXAS, THE TOWN f erans, some who have died while on the OF COTULLA VA waiting list. PREVENTING EXPANSION OF DACA The SPEAKER pro tempore. The Sadly, the President and the Demo- Chair recognizes the gentleman from The SPEAKER pro tempore. The crats have moved from the party of Texas (Mr. GALLEGO) for 5 minutes. Chair recognizes the gentlewoman from ‘‘yes, we can’’ to the party of ‘‘because Mr. GALLEGO. Mr. Speaker, today, I Tennessee (Mrs. BLACKBURN) for 5 min- we can.’’ DACA provides another exam- would like to continue the journey utes. ple of how the President is using execu- through the vastness of the 23nd Dis- Mrs. BLACKBURN. Mr. Speaker, tive action to circumvent Congress. trict of Texas and pass through a Texas today I rise in support of a bill I intro- Soon, if he continues on this path, we town with an early reputation for in- duced to prevent the expansion of the won’t need legislators or the courts. famy. ‘‘Cotulla! Everybody get your Deferred Action for Childhood Arrivals The President will make the law, inter- guns ready,’’ that is what train conduc- program that was unlawfully created pret the law, and then, if he chooses, tors would yell as they approached the by executive memo on August 15, 2012. enforce the law. The Obama doctrine of town of Cotulla, which was established H.R. 5160 is the House companion to lawlessness is cracking the foundation in 1881. legislation introduced by Senator TED of our democracy. It is shredding the In spite of its infamous start, Cotulla CRUZ of Texas and would freeze DACA Constitution and consolidating power emerged from the roughness that is by defunding it. within the executive branch.

VerDate Mar 15 2010 01:02 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.008 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H6985 Mr. Speaker, I ask, if the President paper and voting 50 times to repeal the ‘‘Because otherwise there’s no money,’’ he has the power to tell illegal immi- Affordable Care Act. answers, dutifully. grants that they can stay in the coun- And how much is it going to cost the ‘‘And when there’s no money?’’ American taxpayers when the Repub- ‘‘You can’t feed us or take us anywhere.’’ try, does he have the power to tell Bingo, again. legal citizens to leave the country? If licans embark upon this effort to im- the President can delay part of a law, peach President Obama? How much b 1100 does he have the power to delay the en- will it cost? Well, they won’t let you I am still quoting from the Post tire law? Where does his authority know that. I will tell you, shutting story: down the government and repealing begin and end? It’s not just the light switches, though. The President’s immigration policies ObamaCare did not work, so we just Ever since her power was shut off in 2010, are causing every town to be a border wasted money. The Republicans came Garcia has adopted a Depression-era obses- town, every State to be a border State. up empty-handed. siveness: she doesn’t use the oven in the And not only is it turning America So what are they doing now? In fact, summer, because it heats up the house, and into a country without borders, it is working people should ask their Rep- uses only one small air-conditioner. Even the turning it into a country without laws. resentatives during this upcoming 5- aquarium goes dark when someone’s not in Mr. Speaker, President Obama’s in- week August recess which we have the room. ability to secure the southern border is worked so hard to earn, you should ask And yet, no matter how much she rations and cuts, Garcia cannot keep ahead of the also placing America’s national secu- your Representative: What have you fast rise in rates. In Pueblo, the residential rity in a pre-9/11 posture. The Depart- done for me lately? rate per kilowatt hour has risen 26 percent ment of Homeland Security estimates Congress has spent the last 3 weeks since 2010, and on a per-household basis, is that 90,166 unaccompanied children will preparing to impeach President Obama. now among the highest in the State. arrive in the U.S. in 2014. If 90,000 unac- You see, over the past 3 weeks, the Re- But in Pueblo, it happened in a way that companied children can sneak into our publicans in the House have been talk- has left poor consumers gasping for relief. country, how difficult will it be for a ing up and taking legislative action, at To a wealthy community, skyrocketing the same time mounting a FOX TV and electricity rates might not have much of an terror cell to infiltrate America and impact. When you have a decent-paying job, plan an attack? hate-radio campaign in support of their what’s a few more dollars a month on your We need to be concerned about secur- effort to file a lawsuit against the utility bill? ing our borders. We must secure our President of the United States. Now, is Pueblo is not that kind of place. With a border. We must end the cruelty of pro- this lawsuit simply an attempt to mol- poverty rate of 18.1 percent, incomes far viding children with false hope, and we lify and pacify those Republicans who below the State average, and a third of the must stop the lawlessness of this Presi- have turned up the volume on the population on some sort of public assistance, dent. drumbeat towards impeachment, or, those few dollars can make a big difference here. f more cynically, is this lawsuit a pre- cursor to the filing of articles of im- Now, I realize that almost all envi- WHAT HAVE REPUBLICANS DONE peachment so they can remove this ronmental radicals come from wealthy FOR YOU LATELY? twice-elected President from office or upper-income families. Perhaps they The SPEAKER pro tempore. The prior to the end of his term? just do not realize how harmful all Chair recognizes the gentleman from Either way, it does not look good for these environmental rules and regula- Georgia (Mr. JOHNSON) for 5 minutes. America if, in November, voters put tions and red tape are to poor and Mr. JOHNSON of Georgia. Mr. Speak- Republicans in control of both Houses lower income people. er, I rise this morning to talk about of Congress. Just like the government As Charles Lane, The Washington the issue of impeachment; and in con- shutdown, cooler heads will not pre- Post columnist, said, climate change is nection with that topic, I would use as vail. TED CRUZ and the other Tea Party ‘‘a rich man’s issue.’’ my text the song some of us may re- Republicans who were so willing to Perhaps it doesn’t matter to wealthy member by Janet Jackson, ‘‘What Have drive America off the fiscal cliff will environmentalists that all this envi- You Done for Me Lately?’’ not hesitate to do what has never been ronmental overkill has sent millions of That is what we should ask the House done throughout the course of our his- good jobs to other countries over the Republicans: What have you done for tory, and that is to pull off a coup. last 40 or 50 years. me lately? So the lawsuit against President Now we have ended up with the best- Well, I will tell you what Congress Obama should be looked upon as being educated waiters and waitresses in the has been doing. Congress has been synonymous with impeachment. world as millions of college graduates wasting your time and your tax dol- f or very intelligent non-college grad- lars. At a time when Congress should uates are having to work at jobs far be working on the issues that matter FAILED ENERGY POLICIES below the levels of their education or most to the pockets and pocketbooks The SPEAKER pro tempore. The below the level of their skills, talents, of America’s citizens, instead we have, Chair recognizes the gentleman from and abilities. for the last 3 weeks, been wasting tax- Tennessee (Mr. DUNCAN) for 5 minutes. Perhaps it doesn’t matter to rich or payer time and money. Mr. DUNCAN of Tennessee. Mr. upper-income environmentalists if util- During that 3-week period, over $800 Speaker, President Obama told the San ity bills or prices for everything go billion in tax cuts have been awarded Francisco Chronicle editorial board in way up, but it sure does matter to mil- to the rich people of this country. And 2008, under his environmental policies lions of people like Sharon Garcia. guess what. The Republicans have once ‘‘electricity rates would necessarily Perhaps it doesn’t matter to wealthy again violated their own rule and failed skyrocket.’’ environmentalists that their policies to find an offset in the budget to pay To be even more specific, he said: over the years have driven very small- for this gift to the wealthy. This means If somebody wants to build a coal-fired and medium-sized companies out of that Republicans have just added—just power plant, they can. It is just that it will business. like that—almost $1 trillion to the Na- bankrupt them. Under my plan, electricity Perhaps they are pleased that their tion’s debt. rates would necessarily skyrocket. policies have helped give job security What have you done for me lately? Now listen to this story from The to bureaucrats and have helped ex- This session of Congress, the 113th Washington Post just last week: tremely big businesses and foreign en- Congress, which threatens to go down Pueblo, Colorado. Sharon Garcia is stum- ergy producers. in history as the least productive Con- bling around her dining room in the dark, This administration even had a Sec- gress in the history of this great Na- trying to find Post-it notes. retary of Energy until a few months tion, this Congress has produced a gov- As she has for years, Garcia wants to affix ago who said we need to be paying the the notes, marked with dollar signs, to light ernment shutdown, which cost the switches all around her house. The message same price for gas as they do in Eu- American people $24-plus billion. And to her five kids: light is expensive. rope—$8 or $9 a gallon. we have spent in this House of Rep- ‘‘Why do you need to turn the lights off?’’ Then, of course, all the wealthy envi- resentatives $79-plus million shuffling she asks her son, Mariano. ronmentalists would have to fight a

VerDate Mar 15 2010 01:02 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.009 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H6986 CONGRESSIONAL RECORD — HOUSE July 29, 2014 whole lot less traffic because they to-back elections, and now they are in Washington to deal with issues like would be about the only ones who looking for other means to their ends. immigration reform, veterans’ health could afford to drive. This wasteful Republican lawsuit is care, and the economy. Let’s not waste We have made tremendous progress their prelude to impeachment. It is a precious time and money on political over the past many years in cleaning vendetta, a direct attack on the heart stunts like suing the President. We owe our air and water. I have voted for of our democratic form of self-govern- it to the American people. many of these laws and voted many ment launched by House Republicans f years ago for the toughest clean air who got over a million less votes from law in the world. the American people in the last na- RECESS But as Charles Krauthammer said: If tional elections than their Democratic The SPEAKER pro tempore. Pursu- we shut our whole country down, it counterparts. Nothing could be more ant to clause 12(a) of rule I, the Chair would make almost no difference on serious. declares the House in recess until noon carbon emissions because China and This lawsuit is a measure by House today. India together are opening coal-fired Republicans to use taxpayer money to Accordingly (at 11 o’clock and 10 plants at rate of almost one per week, further their partisan attempts to be- minutes a.m.), the House stood in re- and Indonesia is the third-largest emit- smirch and destroy a President they cess. ter. couldn’t beat in the elections. It is un- Some environmental groups hate to fair to the American people, it is un- f admit how much progress we have democratic, it is un-American. b 1200 made—how much cleaner our air and Mr. Speaker, the American people water are—because it would reduce need to know what is going on here. AFTER RECESS their contributions. They have to keep Rather than focusing on creating jobs, The recess having expired, the House telling people how bad everything is so fixing our broken immigration system, was called to order by the Speaker at their contributors will keep sending rebuilding our crumbling infrastruc- noon. them money, especially money and ture, and other sensible measures that f contributions from foreign energy pro- can help hardworking families strug- ducers. gling to make ends meet, House Repub- PRAYER But we need to make people realize licans are obsessed with political Reverend Jeff Parish, First Baptist that only a prosperous country that al- gamesmanship on a historic scale. Church of Indian Rocks, Largo, Flor- lows free enterprise can generate the Nothing could be more serious. ida, offered the following prayer: excess funds to do good things for the f Lord, we come before You today and environment that everybody wants LET’S NOT WASTE PRECIOUS TIME pray for our elected officials. done. God, I pray for wisdom for them in Communist and socialist countries SUING THE PRESIDENT areas that they need it and guidance to have been some of the biggest polluters The SPEAKER pro tempore. The follow You, Lord, in all things. in the world because their economies Chair recognizes the gentlewoman from God, we do pause today and ask You have been barely able to feed, clothe, New York (Ms. VELA´ ZQUEZ) for 5 min- to use us as Your servants. and house their people. And certainly utes. We realize our dependence on You they have been unable to spend the Ms. VELA´ ZQUEZ. Mr. Speaker, with and look to You for answers to the kinds of money that it costs to help 3 legislative days left before Congress problems that face our country. I pray the environment. leaves for a 5-week vacation, Demo- that the discussion and the decisions We must not allow big government crats are working to advance the prior- made in this Chamber today, God, will environmental regulators at both the ities of the American people: creating reflect Your heart and Your direction. Federal and State levels to cause our jobs, jump-starting the middle class, Lord, we pray in Jesus’ name. country to move so far to the left that and working to reform our broken im- Amen. it destroys our economy. migration system. The majority, how- f ever, seems only interested in advanc- f ing a lawsuit against the President of THE JOURNAL HOUSE REPUBLICAN SUBTERFUGE the United States. The SPEAKER pro tempore. The Mr. Speaker, this is wrong, very The SPEAKER. The Chair has exam- Chair recognizes the gentleman from wrong. Suing the President—for what, ined the Journal of the last day’s pro- South Carolina (Mr. CLYBURN) for 5 for doing his job? This is the first time ceedings and announces to the House minutes. in the history of our Nation that one his approval thereof. Mr. CLYBURN. Mr. Speaker, I rise branch of government is bringing a Pursuant to clause 1, rule I, the Jour- this morning to denounce the unprece- lawsuit against another branch of gov- nal stands approved. dented political attack House Repub- ernment. What an incredible way to Mr. MESSER. Mr. Speaker, I object licans are bringing to the floor of this uphold the separation of power among to the vote on the ground that a House. This week, this body will con- branches of government. quorum is not present and make the sider a measure to bring a lawsuit Mr. Speaker, the American people point of order that a quorum is not against the President of the United sent us here to tackle big problems and present. States for doing the job that the people do real work on their behalf. This law- The SPEAKER. Pursuant to clause 8, of this country elected him to do. suit is only further proof that House rule XX, further proceedings on this This highly partisan lawsuit is a sub- Republicans have lost touch with the question will be postponed. terfuge. It is a subterfuge by House Re- American people. The point of no quorum is considered publicans aimed at achieving their po- Not only is this lawsuit a waste of withdrawn. litical goals that they were not able to time, but it is a serious waste of tax- f achieve at the ballot box. Make no mis- payers’ money. Just as House Repub- take about it. This is not a frivolous licans spent $2.3 million defending dis- PLEDGE OF ALLEGIANCE matter. Nothing could be more serious crimination during the DOMA case, The SPEAKER. Will the gentleman than House Republicans attempting to and the $3 million they are spending on from Maryland (Mr. HARRIS) come for- get the taxpayers of this country to fi- the Select Committee on Benghazi, ward and lead the House in the Pledge nance their misuse and abuse of the they are now poised to waste yet more of Allegiance. legal system. The ultimate goal of this money on a political stunt that is deep- Mr. HARRIS led the Pledge of Alle- exercise is to try to discover some peg ly unpopular with the American peo- giance as follows: upon which they can hang an impeach- ple. I pledge allegiance to the Flag of the ment resolution. Mr. Speaker, we have critical work United States of America, and to the Repub- This is very simple. Republicans to do. I strongly urge my colleagues to lic for which it stands, one nation under God, could not defeat this President in back- do what is right. We should stay here indivisible, with liberty and justice for all.

VerDate Mar 15 2010 01:02 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.011 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H6987 WELCOMING REVEREND JEFF Mr. KILDEE. Mr. Speaker, so there are on fire. And what does the Speaker PARISH are just 3 legislative days left before we have lined up for us in the final 3 days The SPEAKER. Without objection, go on recess, and the most pressing before his 5-week recess for August? He the gentleman from Florida is recog- issue that the House Republican lead- wants us to pass a resolution to sue the nized for 1 minute. ership has decided that we need to de- President for actions he doesn’t like. There was no objection. vote our legislative time to is a resolu- Mainstream legal experts have said re- Mr. JOLLY. Mr. Speaker, I rise today tion to sue the President of the United peatedly this lawsuit is both ludicrous to introduce to my colleagues and to States. and dangerous, but what it mostly is is this House our guest chaplain for the Not to bring up a jobs bill, not to wasteful. day, Pastor Jeff Parish. deal with comprehensive immigration The Speaker’s shutdown cost the Pastor Jeff serves as the senior pas- reform, not to extend emergency unem- American economy $24 billion. The 50 tor of First Baptist Church of Indian ployment benefits for the millions of ACA repeal votes have cost $79 million. Rocks, Florida. Pastor Jeff first en- people who have lost their benefits, but The DOMA lawsuit lined pockets of tered the ministry in 1986, sharing with to debate a dangerous and unprece- lawyers at $500 an hour, billable hours. others the message of Christian salva- dented lawsuit with the House of Rep- We should cancel the recess. We tion and of the redeeming love and resentatives suing the President. What should go to work in terms of address- grace of the God in whom we put our is next—the Senate suing the House? I ing the issues of jobs in this country. trust, and counseling fellow believers mean, this is really ridiculous. We should stop lining the pockets of along their personal faith journey. And after all that is done, what we politically connected lawyers. Let’s Pastor Jeff is joined in his ministry are going to do is recess for 5 weeks. stand up for the middle class. Let’s fix by his wife, Martha, and by the con- Instead of taking up the issues that the America’s infrastructure, and let’s get gregation and community of believers people have sent us here to deal with, this country moving again and skip the at First Baptist Indian Rocks, a church we are going to leave for 5 weeks after lawsuit. family that, for 50 years, has shared its taking action—presumably, the major- f ity will vote to sue the President of the message of faith with the Pinellas HUMAN TRAFFICKING United States. County community but also in remote PRIORITIZATION ACT lands around the globe. It is a waste of our time. It is a hor- I welcome Pastor Jeff today, and I rible waste of money. It is unconscion- (Mr. HULTGREN asked and was thank him personally for the ministry able. We ought to stay here and do the given permission to address the House he leads every day that has had an im- work of the American people that we for 1 minute.) pact on the life of this Member but, were sent here to do. Mr. HULTGREN. Mr. Speaker, I rise likewise, on many thousands of others f today in support of the Human Traf- ficking Prioritization Act, H.R. 2283, he has touched during his career of DEFENDING THE CONSTITUTION service to our loving God. and commend my friend and colleague (Mr. MESSER asked and was given from New Jersey, Representative CHRIS f permission to address the House for 1 SMITH, for introducing it. ANNOUNCEMENT BY THE SPEAKER minute.) The State Department’s Office to PRO TEMPORE Mr. MESSER. Mr. Speaker, the Monitor and Combat Trafficking in The SPEAKER pro tempore (Mr. President has taken the oath of office Persons, or J/TIP, does a fantastic job MARCHANT). The Chair will entertain two times. Twice he has sworn to faith- of maintaining U.S. leadership and ac- up to 15 further requests for 1-minute fully execute the laws. Twice he has countability in the worldwide effort to speeches on each side of the aisle. sworn to protect and defend the Con- combat human trafficking. f stitution. Yet he has unilaterally de- More than 130 countries have created layed the employer mandate of his own or strengthened their antitrafficking ACA FAILURES health care law twice. On topic after laws largely due to J/TIP’s work. (Mr. HARRIS asked and was given topic, this President has violated the Among other provisions, this bill raises permission to address the House for 1 law through overreaching executive ac- the status of the J/TIP office to that of minute.) tion, often not even bothering to issue a bureau, preventing countries and Mr. HARRIS. Mr. Speaker, over half an executive order. other bureaus from gaming the tier of Americans view the President’s Our former constitutional law pro- ranking system. It also achieves this health care law unfavorably, according fessor-turned President should know without any additional bureaucracy or to a new Rasmussen report. But this is that it is Congress’ job to make the cost to the taxpayers. no surprise. What started only as a laws, and it is his job to carry them As a member of the Congressional failed Web site has turned into even out, not make them up. Human Trafficking Task Force, work- more logistical failures: problems That is why the House is asking the ing with the congressional leadership, about applications, questions about judicial branch to step in and referee J/TIP, and antitrafficking groups, I subsidies, and lots of confusion. this dispute. Champions of the Presi- know it is crucial to keep this fight But the policy behind ObamaCare is dent’s choices today may regret when from being consumed in a bureaucratic equally flawed. Premiums are rising. future Presidents are empowered to shuffle. Americans are losing the coverage they run roughshod over the people’s rep- I thank Congressman SMITH for his liked. They are unable to see the doc- resentatives. Let’s defend the Constitu- leadership and look forward to Senate tors they were previously visiting. And tion and support the House lawsuit. passage of H.R. 2283. they are finding that many of the serv- The SPEAKER pro tempore. Mem- f ices or drugs that they need are not bers are reminded to refrain from im- HALTING THE GOP MARCH covered. President Obama promised the proper references toward the President. TOWARD IMPEACHMENT opposite of this, and Americans should f not be misled by their leaders. (Mr. VEASEY asked and was given RESOLUTION TO SUE THE House Republicans will continue to permission to address the House for 1 PRESIDENT pursue patient-centered reforms so minute.) Americans can get the care they need (Mr. COURTNEY asked and was Mr. VEASEY. Mr. Speaker, this week and want, the care they were promised. given permission to address the House House Republicans will be considering f for 1 minute.) a resolution that would authorize the Mr. COURTNEY. Mr. Speaker, 9.5 Speaker of the House to sue President LAWSUIT AGAINST PRESIDENT million Americans are unemployed. Obama. This lawsuit is frivolous. It is OBAMA America’s roads and rails are crum- also wasteful and without merit. (Mr. KILDEE asked and was given bling. College graduates are saddled We must focus on critical legislative permission to address the House for 1 with $1 trillion in debt that they can’t priorities instead of political lawsuits minute.) refinance. Ukraine and the Middle East that will do nothing but waste millions

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.013 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H6988 CONGRESSIONAL RECORD — HOUSE July 29, 2014 of the taxpayers’ dollars. There are ilies first and expands opportunity for Mr. Speaker, I am hopeful that fu- critical issues that need action now. all Americans by fighting to create ture reforms to our VA medical system How about creating some jobs, raising good-paying jobs here at home, sup- will include a unified electronic health the minimum wage, or maybe fixing porting equality for women, both in records system between the VA and the our broken immigration system before their workplaces and in their doctors’ Department of Defense. In today’s we leave here? offices, and creating a sustainable fu- hyperconnected world, we ought to be I can tell you that the constituents ture for students by helping to slow doing much better than shuffling large in my district could use a raise in the down the ballooning costs of college. paper files between facilities. minimum wage. There are also people Now is the time to empower our Mr. Speaker, I call on my colleagues out there that are hurting, that need workforce by showing them that they to put partisanship aside and take ac- their unemployment benefits extended. can make ends meet and provide for tion to correct this crisis at the VA This lawsuit disregards the priorities their families by working hard. Now is now. of the American people. I do not sup- the time to pass the Paycheck Fairness f port this lawsuit. It is frivolous. And I Act, to ensure that women finally re- CONGRATULATING MOOSE LODGE suggest that we use our time to address ceive equal pay for equal work. Now is NO. 1568 IN ANGOLA, INDIANA critical issues that will positively im- not the time to be suing the President. pact Americans. Now is the time for action and dedica- (Mr. STUTZMAN asked and was I will be voting ‘‘no’’ on this lawsuit tion to making our country stronger. given permission to address the House for 1 minute and to revise and extend and urge the House leadership to use f their time wisely this week—like we his remarks.) are taught early in elementary b 1215 Mr. STUTZMAN. Mr. Speaker, I rise school—to bring up bills that will put DAY THREE, WASHINGTON UNDER today to recognize Moose Lodge No. hardworking Americans back to work. SIEGE 1568 in Angola, Indiana, for its 100th f anniversary celebration. (Mr. MASSIE asked and was given Mr. Speaker, on August 26, 1914, the CONGRATULATING GENERAL WIL- permission to address the House for 1 Loyal Order of Moose Supreme Council LIAM L. SHELTON ON HIS RE- minute.) officially issued a charter for the An- TIREMENT FROM THE AIR Mr. MASSIE. Day three, Washington gola Lodge, and over the past 100 years, FORCE under siege—3 days ago, a Federal the lodge has grown in membership and (Mr. LAMBORN asked and was given judge struck down D.C.’s unconstitu- has become a recognized service and permission to address the House for 1 tional ban on the right to bear arms. volunteer organization in the Angola minute.) D.C. went from having the most re- community. Mr. LAMBORN. Mr. Speaker, I rise strictive gun laws in the country to Importantly, the organization’s ro- today to recognize General William L. having virtually no restrictions on car- bust community service program has Shelton on the occasion of his retire- rying a handgun in public. been engaged in countless humani- ment from the U.S. Air Force. Did gun-toting tourists commence to tarian efforts through the lodge’s own Over the course of his career, General shoot-outs? Did residents cower in work, as well as annual donations to Shelton has served with great distinc- their homes? Did vigilante posses ma- other community groups, health sup- tion and made countless sacrifices for raud about the city? Did politicians re- port organizations, and local services, our country. We commend his service vert to dueling at 10 paces? No, none of such as food banks and homeless shel- and the sacrifices of his wife, Linda, these things are happening. History ters. and their two children, Sara and Joel, will show the streets are safer today as In closing, Mr. Speaker, I would like in support of his service. more law-abiding residents and visitors to recognize, for the record, Mr. Ed General Shelton has been a vigilant are armed. Palmer, Angola Lodge’s first governor. advocate for national security space Contrary to apocryphal warnings In addition, I would like to recognize programs. As the commander of Air from D.C. leaders, no one is panicked— Tony Culver, Eric Henion, Ron Force Space Command, he was respon- except for the city’s leaders. Why are Nusbaum, and Richard Gens for their sible for more than 40,000 military and the city’s leaders apoplectic, and why recent leadership of the organization, civilian personnel who assure space and are they asking for an immediate stay as well as the rest of the Moose Lodge’s cyberspace protection for our Nation. from the judge’s ruling? Because the membership as they begin their next He established an unmatched level of emperor has no clothes and all of the 100 years of service to the Angola com- success during a time of increasing lies about gun control are being ex- munity. challenges. His frank and informed dis- posed right here in the District of Co- Congratulations and happy 100th an- cussions on space systems have helped lumbia on day three. niversary. leaders and citizens around the world f f appreciate the value of our Nation’s CORRECTING THE CRISIS AT THE REPUBLICANS IGNORE AMERICA’S space capabilities. VA PROBLEMS General Shelton deserves our most heartfelt gratitude and praise. Thank (Mr. HIGGINS asked and was given (Ms. TITUS asked and was given per- you, General Shelton, and best wishes permission to address the House for 1 mission to address the House for 1 to you and your family. minute.) minute.) f Mr. HIGGINS. Mr. Speaker, our Na- Ms. TITUS. Mr. Speaker, in 2 days, tion’s obligation to our veterans should we will go home, leaving behind a long PAYCHECK FAIRNESS ACT go far beyond simply thanking them list of unfinished business, but it is not (Ms. HAHN asked and was given per- for their service. We must also make for lack of trying on the part of Demo- mission to address the House for 1 sure that they are being properly cared crats. minute.) for and supported when they return We have introduced bills, signed dis- Ms. HAHN. Mr. Speaker, while the home. That is why I—like so many oth- charge petitions, protested on the steps House Republicans are busy wasting ers—was outraged by the news that the of the Capitol, and fasted on the Mall, taxpayer dollars on conspiracy theories VA health system had broken down. all to try to prompt or at least shame and a lawsuit to nowhere, Democrats I am pleased that the House and Sen- the Republicans into some kind of ac- have unveiled an agenda to put work- ate leaders have come together and tion, but they are shameless. ing families and the middle class first. drafted legislation to address some of Apparently, they just don’t care. For millions of Americans struggling the most fundamental issues to this They don’t care if women get paid less, to make ends meet on the current min- crisis, like access to timely medical as long as CEOs get record salaries. imum wage, times have gotten harder care, upgraded facilities, and con- They don’t care if children stack up at and harder as the cost of living rises sequences for misconduct and poor per- the border and families are divided, as and wages stagnate. Our plan puts fam- formance. long as they can sue the President.

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.014 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H6989 They don’t care if people struggle to against the President, the head of any to clause 2(b) of rule XVIII, declare the get by on low wages or with no unem- department or agency, or any other of- House resolved into the Committee of the ployment insurance, as long as cor- ficer or employee. Whole House on the state of the Union for consideration of the bill (H.R. 4315) to amend porations can keep their tax loopholes, Let me be very clear. The Repub- the Endangered Species Act of 1973 to require and they don’t care if the environment licans are looking to sue the secretary publication on the Internet of the basis for is raped, as long as big polluters can who didn’t order enough paper clips determinations that species are endangered continue to circumvent regulations and indicate that we need to sue the species or threatened species, and for other that protect our air and water. President for not doing his job, while purposes. The first reading of the bill shall Before we go home, we need to show veterans are suffering and need a whole be dispensed with. All points of order against the American people that Congress reformation and a new bill, while peo- consideration of the bill are waived. General does care about them, and we need to ple are still not getting their unem- debate shall be confined to the bill and amendments specified in this resolution and pass important measures that jump- ployment insurance, while we are not shall not exceed one hour equally divided start the middle class, so we can say able to expand Medicaid to help those and controlled by the chair and ranking mi- we did something while we were here. who need health care, and while we are nority member of the Committee on Natural f not raising the minimum wage. Resources. After general debate the bill shall Democrats want to work for the be considered for amendment under the five- OBAMACARE PREMIUM HIKES ARE American people, but Republicans want minute rule. In lieu of the amendment in the HURTING FAMILIES to sue the secretary, meaning the sec- nature of a substitute recommended by the (Mr. WILSON of South Carolina Committee on Natural Resources now print- retary who orders paper clips, because ed in the bill, it shall be in order to consider asked and was given permission to ad- the President is not doing his job. Let’s as an original bill for the purpose of amend- dress the House for 1 minute and to re- work for the American people. ment under the five-minute rule an amend- vise and extend his remarks.) ment in the nature of a substitute consisting f Mr. WILSON of South Carolina. Mr. of the text of Rules Committee Print 113-55. Speaker, the failing Affordable Care LET’S UNITE TO FIX THE VA That amendment in the nature of a sub- Act has proven not to be affordable for stitute shall be considered as read. All points (Mr. YODER asked and was given of order against that amendment in the na- American families. Health care pre- permission to address the House for 1 miums have increased with confusing ture of a substitute are waived. No amend- minute and to revise and extend his re- ment to that amendment in the nature of a coverage destroying jobs. marks.) substitute shall be in order except those When Stepheni from Monetta went to Mr. YODER. Mr. Speaker, the Sun- printed in the report of the Committee on the doctor, she found her ‘‘copay for flower State has a long and proud his- Rules accompanying this resolution. Each such amendment may be offered only in the each therapy session is $250. However, I tory of Kansans answering a call of can be an uninsured self-pay patient order printed in the report, may be offered duty to serve their country. From pre- only by a Member designated in the report, and get the same therapy for $85 per Civil War battles to keep Kansas a free visit.’’ shall be considered as read, shall be debat- State, to brothers joining arms to fight able for the time specified in the report Connie from Aiken says, ‘‘I was more for democracy in wars around the equally divided and controlled by the pro- than shocked to learn what used to be globe, to today’s battles fighting ter- ponent and an opponent, shall not be subject an $89 prescription was now more than rorism in remote and dangerous places, to amendment, and shall not be subject to a $300.’’ demand for division of the question in the Kansans proudly step up to serve when America’s devoted mothers know House or in the Committee of the Whole. All asked, time and time again. firsthand of the failure of ObamaCare. points of order against such amendments are Kansas is now home to more than Small businesses are hiring more part- waived. At the conclusion of consideration of 220,000 veterans, courageous men and the bill for amendment the Committee shall time workers than full-time workers women who have honored our Nation rise and report the bill to the House with because ObamaCare costs are too high. by sacrificing and serving; yet, sadly, such amendments as may have been adopted. Longtime employees are having hours our Nation does not always honor Any Member may demand a separate vote in reduced, putting families at risk. them. I have been heartbroken to see the House on any amendment adopted in the We must repeal and replace Committee of the Whole to the bill or to the how some of our veterans are treated ObamaCare, so that people like amendment in the nature of a substitute when returning home from service. Stepheni and Connie receive relief from made in order as original text. The previous Mr. Speaker, it is past time that unworkable mandates. question shall be considered as ordered on Democrats and Republicans, House and the bill and amendments thereto to final In conclusion, God bless our troops, Senate, unite on legislation that would passage without intervening motion except and we will never forget September the fix the problems in the VA, that would one motion to recommit with or without in- 11th in the global war on terrorism. give our veterans in long waiting lines structions. Best wishes for continued success for options to receive quicker and better The SPEAKER pro tempore. The gen- Chad Sydnor, Military Legislative As- care when needed and legislation that tleman from Utah is recognized for 1 sistant of the Second District, for con- would ensure that adequate resources hour. tinued service with Senator JOHN BOOZ- are available to care for posttraumatic Mr. BISHOP of Utah. Mr. Speaker, MAN of Arkansas. stress disorder and other injuries sus- for the purpose of debate only, I yield f tained in today’s battles. the customary 30 minutes to the gen- tlewoman from New York by way of LITIGATING THE EXECUTIVE Mr. Speaker, our veterans have hon- Kentucky, Ms. SLAUGHTER, pending BRANCH ored and fought for us. How about we, which I yield myself such time as I as a Congress, honor and fight for (Ms. JACKSON LEE asked and was may consume. During consideration of them. given permission to address the House this resolution, all time yielded is for for 1 minute.) f the purpose of debate only. Ms. JACKSON LEE. Mr. Speaker, PROVIDING FOR CONSIDERATION GENERAL LEAVE often, the American people hear the OF H.R. 4315, 21ST CENTURY EN- Mr. BISHOP of Utah. I ask unani- term ‘‘Congress,’’ but I think it is im- DANGERED SPECIES TRANS- mous consent that all Members have 5 portant to let all of my colleagues PARENCY ACT legislative days in which they may re- know and remind them what the Re- vise and extend their remarks. publicans will be doing over the next 48 Mr. BISHOP of Utah. Mr. Speaker, by The SPEAKER pro tempore. Is there hours. direction of the Committee on Rules, I objection to the request of the gen- It is important to know that there call up House Resolution 693 and ask tleman from Utah? will be a resolution—a bill—on the for its immediate consideration. There was no objection. floor of the House, H. Res. 676, and it The Clerk read the resolution, as fol- Mr. BISHOP of Utah. Mr. Speaker, says that they are looking for the lows: this resolution provides for a struc- power to intervene in one or more civil H. RES. 693 tured rule for the consideration of H.R. actions to file suit against the Presi- Resolved, That at any time after adoption 4315, the Endangered Species Trans- dent, to seek any appropriate relief of this resolution the Speaker may, pursuant parency and Reasonableness Act, and

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.016 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H6990 CONGRESSIONAL RECORD — HOUSE July 29, 2014 makes in order four separate amend- hitting .185, but this time committing transparent. All of the data that they ments for floor consideration. a still record 98 errors as shortstop, use to make these decisions should be In fact, this rule is generous in mak- which means one out of every five transparent. That is not what is hap- ing all filed amendments which were times he touched the ball, he threw it pening today. germane and otherwise met the rules of away. In an exchange between the director the House in order. Only four were of Fish and Wildlife and the ranking b 1230 filed, and they are all made in order, so member, the ranking member asked: it is hard to see how anyone could vote John Gochnaur probably has the Okay. But again, why would a scientist against this resolution as not being record now of being the most inept wish to withhold that data? I mean, if we fair. major league player we have ever had gave them the public funds, I guess we could The resolution also provides for 1 in history, never hitting above the require they publish the data; right? I mean, Mendoza Line and setting the standard we could change. We could put that into the hour of general debate on the bill language. equally divided and controlled by the for errors. The worst major league The Fish and Wildlife official said: chairman and ranking minority mem- player—which is still quite an achieve- Congress could do that. ber from the House Committee on Nat- ment to be a major league player—but ural Resources. the worst major league player we have The ranking member said: Mr. Speaker, with that, I reserve the ever had in history hit .185. The Endan- Okay. That might be something we would balance of my time. gered Species Act batting average want to do. I don’t understand why we would go down the path of withholding the data. Ms. SLAUGHTER. Mr. Speaker, I would be .010 if you round it up. They thank my good friend from Utah (Mr. have had 1,500 species listed, only 12 That is what this bill does. There are BISHOP) for yielding me the time. I have actually passed the test and been two elements to it. The most signifi- yield myself such time as I may con- recovered, for an actual batting aver- cant part is the first of transparency. If sume. age of .008, or .010 if you really want to there is data that is going to be used, Mr. Speaker, the bill before us today round up. we need to make sure that we have ac- is actually a package of four bills— The Endangered Species Act, quite cess to that particular data. This is a bill that was passed almost H.R. 4315, H.R. 4316, H.R. 4317, and H.R. frankly, is the most ineffective and in- four decades ago. This is a bill the last 4318—which aim to derail the Endan- efficient piece of legislation that we time it was addressed I was still wear- gered Species Act. have in the history of this country. It ing saddleback jeans and platform The four bills are a product of the does not work. It does not meet its shoes and my hair had color and it was House Natural Resources Committee’s goals. It never has and it never will. parted down the middle and it covered Endangered Species Working Group, a The sad part is, though, this act does more than just my ears. We haven’t committee working group which had not go into significant changes to the touched it since that time. They didn’t not one Democrat Member on it, so Endangered Species Act, which would have iPods back then the last time we that there was no bipartisan discus- change that batting average. Instead, touched it. It is a new era that requires sion. There is always room to discuss ASTINGS Chairman H has to be com- new information and new data, and how we can improve legislation, but mended for getting a group of people to there is no reason that should be with- the negotiations should not be limited work together that did a study, got tes- held from the American people, and to backroom negotiations with a select timony, produced a report, and came that is what this bill tries to do. few from a single party. up with the most basic of reforms that I reserve the balance of my time. It is ironic the bill is entitled ‘‘21st have to be necessary before anything Ms. SLAUGHTER. Mr. Speaker, I Century Endangered Species Trans- significant can go on past that. have no requests for time, and I reserve parency Act’’ when the process to cre- What these reforms are is simply say- the balance of my time. ate the bill was anything but trans- ing, look, if you are going to have an Mr. BISHOP of Utah. Mr. Speaker, I parent. If the Endangered Species Act Endangered Species Act, for heaven’s yield 3 minutes to the gentleman from needs to be improved in order to better sake, make sure that the data that is Montana (Mr. DAINES), who has had to achieve the bill’s purpose, then let’s used to come up with the realization of live with the realities of the Endan- have a robust bipartisan conversation the program you have is open to the gered Species Act. in an open forum, which is what we call people, it is transparent and it is public Mr. DAINES. Mr. Speaker, I want to the committee process. knowledge. They are paying for it. You thank the chairman for his leadership Now, the package we are considering might as well make sure that they on this important issue. I rise in sup- today, however, does not have any bi- have the opportunity to see it. port of the rule and H.R. 4315, the 21st partisan support because it would cre- The President of the United States Century Endangered Species Trans- ate additional red tape that under- recognized this when he said in 2008: parency Act. mines essential protections provided Democracy requires accountability; ac- My home State of Montana is called for the Endangered Species Act. countability requires transparency. the Treasure State, where we found The Endangered Species Act was And then he quoted Justice Brandeis, settlers. In fact, my great-great-grand- passed over 40 years ago to protect im- who said that ‘‘sunlight is said to be mother came out and homesteaded in periled animals and plants from extinc- the best of disinfectants.’’ That is the Montana. They found productive ag tion, and it is one of the most impor- concept that is here. The data used to lands. They found riches of minerals to tant tools we have to ensure our Na- make these decisions should be avail- sustain our industries among the many tion’s wildlife is protected for future able to the public, and presently, it is species that are important to our fish- generations. not. ing and hunting heritage. When the Endangered Species Act be- These bills today do nothing to con- One of the witnesses in the com- came law, Congress committed to help- tinue that wonderful background, and I mittee, when it was a full committee ing to sustain our unique ecosystems reserve the balance of my time. markup on this bill, was a long-time and our way of life. However, too often Mr. BISHOP of Utah. Mr. Speaker, I biologist by the name Mr. Ramey, who ESA decisions are not based on sound yield myself such time as I may con- said: sume. science and it is about political I want to introduce you to an indi- What are the effects of this lack of trans- science, unfortunately, and the law re- parency on the public when data are not pos- vidual in history by the name of John sible or accessible? Legitimate scientific in- sults in encouraging habitual litiga- Gochnaur. John Gochnaur was the quiry and debate is effectively eliminated, tion. The result has been fewer jobs shortstop for the Cleveland Indians in and no independent third party can produce and deteriorating forest health. And, as 1902 and in 1903. In 1902, he played the the results. This action puts the basis of Mr. BISHOP mentioned, the species entire year, and his batting average some ESA decisions outside the realm of aren’t actually recovering with a bat- was .185, as he committed also 48 er- science. ting average of .008. Frankly, the En- rors, but was still good enough to be We have the issue that if there is dangered Species Act is like a 40-year- the shortstop in 1903 as well, where he data making these decisions, people old ranch pickup: it once served a use- completed a second season, once again should know about it. It should be ful purpose but is in bad need of repair.

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.018 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H6991 By increasing transparency—and this the status quo. If there is anything transparency. We are simply asking for is about repairing the Endangered Spe- that this country is screaming, wheth- transparency. When you are asking for cies Act, bringing it forward to the 21st er it is Republican or Democrat, they transparency, my question not only is century so it actually delivers the out- are tired of the status quo, and espe- where is the bat, but where is the prob- comes we all desire, and that is recov- cially in something like this, because lem. Where is the bat? Where is the ering the species versus just listing when they hear about it, they don’t un- problem? them. H.R. 4315 begins an important derstand it. The problem with this bill is nothing. process toward modernizing this well- I am going to tell a little story that The problem with this bill is it begins intentioned but out-of-balance and out- comes from Georgia, and it involves to shine light on the things that need of-date law. I urge the House and Sen- the Indiana bat. The Indiana bat is on shining light on. Disinfectant, I am not ate to pass it. the endangered species list. A few years sure what we are doing here because Ms. SLAUGHTER. I continue to re- ago—oh, oh, be quiet. A few years ago, right now there is no disinfectant. We serve the balance of my time. a transmitter went off. It was a little need transparency to shine a light. Mr. BISHOP of Utah. I yield 5 min- beep. Oh, oh. You might hear it on your ‘‘This little light of mine, I’m gonna utes to the gentleman from Georgia phone. It was a beep in southern Ten- let it shine.’’ I am going to let it shine (Mr. COLLINS) because he also is faced nessee. It only went off one time from on something that protects taxpayer with the unique situation, because this everything that we can gather, but dollars, that protects transparency and is not just a Western issue. This is an that transponder hit said the Indiana does the things that it is supposed to issue that affects all of us. bat is moving south. do. Mr. COLLINS of Georgia. Mr. Speak- Well, we expanded the net and said And by the way, if you happen to be er, as we come here today, one of the nothing north of Atlanta. All of a sud- coming by, the problem with this is things that strikes me—and, of course, den we have to start checking for the simply transparency. It protects tax- I support the rule and the underlying Indiana bat. We checked. We have payer dollars and protects endangered bill, H.R. 4315, because it really strikes looked. I have it on my phone here. I species by using the latest in science a balance and, as part of the working brought one to the floor today. I have and being open to the public. group that has been meeting under a compass. I have a map. I asked this b 1245 Chairman HASTINGS and others, includ- before and nobody stepped forward, but ing Mr. BISHOP, dealing with this, as I will take my compass. I will take my But let me ask all who may be my friend from Utah said, it is an issue map, and if you help me, come to watching: if you are driving through that has not been touched in many, northeast Georgia and find the Indiana the great State of Georgia, if you are many years. There is nothing that real- bat, there is probably a prize. I will in north Georgia in the Ninth District, ly, from our perspective of government, take you to the Waffle House and buy I have got a lot of places for you to should not be looked at every once in you whatever you want, because so far come, but when you get there bring awhile, and especially when you get it hasn’t been found. In fact, the last your binoculars, bring your compass, things such as the Endangered Species time the Indiana bat was actually seen bring a map, and if you find the bat I Act, which has grown and multiplied in Georgia was in Athens in the 1940s. will see you at the Waffle House. and just really expanded to where not Now, Athens is home to a wonderful, The SPEAKER pro tempore. Mem- only does it affect Western States, but fine, upstanding institution called the bers are reminded to address their re- it affects States like Georgia. University of Georgia. Go Dawgs. But marks to the Chair and to refrain from To come to the floor today to take it was probably found or seen maybe addressing occupants of the gallery. issue with a bill that simply permits after one of the celebrations of our Without objection, the gentleman the concept—and my friend from Utah great victories on Saturday on the from Colorado will control the time. said we could have actually gone after gridiron when everyone is partying, There was no objection. a lot more than this. We could have and they may have seen the Indiana Mr. POLIS. Mr. Speaker, I yield my- taken on the Endangered Species than bat and said, ‘‘There’s the bat,’’ but we self such time as I may consume. this. We could have taken on the En- haven’t seen it since. To be clear, the goal of the Endan- dangered Species Act and said: Let’s So I am not sure what we are looking gered Species Act doesn’t exist just to make it better for the 21st century. In- for, but I tell you what we are doing. get species off the list, it exists to keep stead, we went to targeted reform, tar- We are paying almost $100,000 on every species on the planet, and has a tre- geted aspects of it. We said: Let’s look road project over and above the cost mendous track record of success—99 at transparency. Let’s look at capping for hard-earned taxpayer dollars on the percent effective at preventing the ex- attorneys’ fees. Instead of paying pock- Federal and State level looking for a tinction of species that have been list- ets of attorneys, it is okay to still sue. bat that may have existed in a frater- ed on the endangered species list. We are saying it is okay if you want to nity party in Athens 45, 50, 60 years ago There is strong precedent in passing sue, but we are not going to pay unlim- because nobody knows. But it came be- bipartisan Endangered Species Act ited amounts just so you can sue for cause, listen—those in the gallery, measures. Last Congress, I was very maybe dubious data or devious wins. those watching on TV, listen—the proud to be an original cosponsor of This is an issue of transparency. transponder may go off, and we may Mr. BISHOP’s Endangered Fish Recov- Wouldn’t we want to put that money just block off all kinds of areas and say ery Programs Extension Act, which be- into protecting actual endangered spe- ‘‘pay more’’ because the transponder came law in January of 2013. The En- cies? Is that not what the Endangered went off. dangered Fish Recovery Programs Ex- Species Act is about? Is it actually pro- Now, many times our friends across tension Act facilitated the recovery of tecting endangered species? the aisle say we on our side, we just four endangered species native to the The problem with the Endangered want business and we don’t care about Upper Colorado River Basin. The bill Species Act, however, is that it has ex- endangered species, we don’t care ensures compliance with the Endan- panded to where now the Endangered about the environment. There is no gered Species Act for over 200 projects Species is jobs. It is people. It is the other Republican, and when you come that use water from the Colorado River people who are affected by the Endan- to the Ninth District of Georgia—and I and provided enough water for agricul- gered Species Act, and all we are say- know my friend from Colorado feels tural and municipal water use as well. ing is let’s shine a little light on it. that his State is beautiful, and it is. It I salute Representative BISHOP’s ef- That is a song from back when the ESA is great. But the Ninth District of forts to pull together a bipartisan was first passed. Let’s shine a light. Georgia is pretty nice, too. And I want group from Utah, Colorado, New Mex- ‘‘This little light of mine, I’m gonna clean water and I want good roads. I ico, and Wyoming to work together on let it shine.’’ Well, let’s shine a little want the things that matter because that successful modification to the En- bit of light on this as we go forward. the environment in north Georgia is dangered Species Act. A ‘‘no’’ vote on this legislation to me great. But what I do not want is an What we have before us today is not is simply a ‘‘no’’ vote, whether it is the overreaching regulation that is not ad- an example of that same bipartisan rule or the bill. It is a ‘‘no’’ vote for dressed when we are simply asking for spirit and open process of work that

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.019 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H6992 CONGRESSIONAL RECORD — HOUSE July 29, 2014 can build upon, rather than take a step One example is immigration reform. this valuable time in the people’s back from, protecting species that are Polls have shown that 87 percent of Chamber to simply pass a bill that ob- an important part of our ecosystem. Americans support comprehensive im- structs the Endangered Species Act This bill in its current form would migration reform. Perhaps we found rather than deals with any of the crit- not only waste taxpayer dollars and that last 13 percent of people who ap- ical issues facing our country. Federal Government agency time by prove of Congress, maybe it is those Congress should be considering legis- creating additional red tape and bu- same people who don’t want to see im- lation to secure the border or deal with reaucracy, but it is also a waste of our migration reform. The only people left the crisis of unaccompanied minors on limited remaining time in session. who approve of these obstructionist our southern border, to balance our Here we are, Mr. Speaker, with a bor- tactics with regard to immigration re- budget, to reform our broken immigra- der crisis, crises breaking out across form, the tactics which are tearing tion system, to deal with wildfires, to the Middle East, and yet we are debat- families apart, hurting our economy, raise the minimum wage, to protect ing a particular change to the Endan- bloating our deficit, and preventing us workers. But instead, here we are de- gered Species Act, which, regardless of from securing our border, are an ever- bating partisan changes to a piece of its merits, is simply not one of the top dwindling percentage of Americans. legislation that has, frankly, served us two issues, five issues, 10 issues, even Now that we are dealing with this well and our ecosystems well over the top 100 issues that I have heard from Endangered Species Act, I hope that we prior decades. my constituents about over the last can get back to addressing immigra- We do have an emergency on our year. tion reform. Let us have a vote on com- southern border with regard to unac- People wonder why this legislative prehensive immigration reform, a vote companied minors from El Salvador, body is as unpopular as we are, with an on raising the minimum wage, a vote Honduras, and Guatemala. We need to approval rating of 12 percent. One need on a comprehensive plan to balance the have a comprehensive strategy to deal look no further than what we are work- with that and make sure that we are ing on. Rather than addressing the budget. Let’s have a real debate and ex- change real ideas to move our Nation not overwhelmed by people from other budget deficit or restoring fiscal sta- countries. bility to our country, rather than se- forward. There are a number of flaws in this Before we adjourn for recess, Con- curing the border and passing com- modification of the Endangered Species gress could and should address immi- prehensive immigration reform, we are gration reform. The American people Act which prevent it from being a true instead discussing a bill that weakens want us to pass bipartisan immigration piece of bipartisan legislation with the Endangered Species Act. And re- reform. The bill passed the Senate with wide support from this body, like I had gardless of whether Members want to over two-thirds majority. That is very the opportunity to work on with Mr. strengthen it or weaken it or modify rare. Democrats and Republicans came BISHOP last session. But I think even it—Americans care about jobs, the together to pass a commonsense immi- more importantly, Mr. Speaker, we economy, fiscal responsibility, address- gration reform bill that more than 80 just need to ask ourselves why, with ing our border crisis—having problems percent of the American people sup- days left before Congress adjourns for with the Endangered Species Act is port, and more than two-thirds of the the summer, are we considering a topic simply not on the minds of most every- Senate support it. day American families. I think most that, while surely worthy of debate, If we can schedule that bill for a vote American families think the Endan- hardly raises to the level of these this week, I am confident it would pass gered Species Act is a fine thing, pressing issues, like our budget deficit, right here on the floor of the House of maybe they think it should move this the border crisis, or the Middle East, in Representatives. We have a bipartisan way or that way or be better or strong- which I hope that this body can have a House bill, H.R. 15, that is ready to er or weaker, but that is not the issue substantive debate around resolving? come to the floor and be voted on, and that they want us addressing with our While we are here debating a par- I believe it would pass. limited time in session. tisan, politically charged bill that I am honored to be a sponsor of H.R. This is our last week in session in the threatens to undermine the Endan- 15, the bipartisan immigration reform month of July. In the month of August, gered Species Act, 32 wildfires larger bill. The bill would create jobs here, re- this esteemed body won’t even meet than 5,000 acres are burning in seven duce our budget deficit, ensure Amer- once. In September, we will come back Western States. My district had several ica is more competitive in the global for 2 or 3 weeks. I don’t know—are we last summer, and we are worried about economy, unite families, and secure going to be discussing endangered spe- this summer. These fires cover a total our borders. Just as importantly, it cies for those 2 or 3 weeks as well? of 1.4 million acres and are a serious will make sure that our immigration It kind of reminds me of the histor- threat to homes, lives, livelihoods, and system reflects our values as Ameri- ical precedent of Emperor Nero fiddling health. cans, a Nation of laws and a Nation of while Rome burned. Here we are in If we defeat the previous question, I immigrants. record deficits, war and threatened will offer an amendment to the rule to House Republicans have refused to wars are enveloping the Middle East bring up the Wildfire Disaster Funding allow a vote on immigration reform with the Islamic state and ISIS occu- Act of 2014. Already 196 Members have and it failed to bring forth a single bill pying much of Syria and Iraq, with the signed a discharge petition to bring to help improve our broken immigra- uncertainty in eastern Ukraine and this legislation to the floor of the tion system or our dire crisis at the separatists engaged in battle, with the House. border. Instead, we are left with time precarious recovery of the economy, Mr. Speaker, I ask unanimous con- that we could use to debate minute with things getting harder and harder sent to insert the text of the amend- changes that add bureaucracy and red for middle class American families to ment in the RECORD, along with extra- tape to an already encumbered Endan- get by and support themselves and neous material, immediately prior to gered Species Act. their family, and here we are with only the vote on the previous question. Mr. Speaker, I urge my colleagues to 3 days left in session before September The SPEAKER pro tempore. Is there vote ‘‘no’’ and defeat the previous ques- discussing relatively minor changes objection to the request of the gen- tion so that we can discuss the Wildfire that add another bureaucratic layer of tleman from Colorado? Disaster Funding Act of 2014. It is so red tape to the Endangered Species There was no objection. important to my home State and so Act. It is simply not what the people in Mr. POLIS. Mr. Speaker, I cannot many others in the West and Mountain my district hired me to fight for them support this rule or the underlying bill. West. on, and I don’t think it is what the peo- The Republicans are committed to I also will oppose the rule and the un- ple in this country want Congress to do partisan politics over progress for our derlying bill and encourage my col- at this point. country, and this bill is yet another ex- leagues to do the same. There are so many issues that the ample of that agenda. I yield back the balance of my time. American people, the people who sent In the last 3 days of legislative busi- Mr. BISHOP of Utah. Mr. Speaker, I us here to represent them, agree on, ness before a summer recess of 11⁄2 yield myself such time as I may con- where there is common ground. months, House Republicans are using sume.

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.021 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H6993 I am pleased to talk about the En- cept of what the total cost of this liti- standing the fact that there is an abun- dangered Species Act here because we gation is or how many full-time em- dance of prairie dogs, the rural electric need to make sure that the purpose of ployees we are using simply for this co-op down there had to spend $150,000 the Endangered Species Act is not to litigation, although we do know that to airlift transmission lines to build a make sure that the government is al- the Fish and Wildlife Service allotted transmission line so they went over ways funding the listing and the main- in 2013 $21 million and 86 full-time em- Federal habitat for prairie dogs, even tenance of these species, but to make ployees just to handling the issue of though other people hunting prairie sure that they are healthy enough so litigation. dogs happened to be on the private that the government doesn’t have to do The Ag Department has told us that property. that, in which case, I am sorry, the the litigation cost was the third-larg- This is silly, this is unrealistic, this batting average is still .008. The Endan- est cost that they were running at that should not take place if we were actu- gered Species Act is failing in that ef- time. We don’t have that data. We need ally having a commonsense approach fort. to have that particular data, and we to it. The methods don’t work. But we are also need to put in caps so we are not The bladderpod up in Franklin Coun- not discussing the methods here today. wasting our money on litigation, we ty, Washington, was threatened to be We are discussing something that is are putting the money in the program listed on the endangered species. A simply a commonsense solution to how where it should be. local university came up with its own we move forward with the Endangered That is a significant commonsense study that proved the DNA of this Species Act. element of this particular bill. But the bladderpod was no different than an- The Governors understand that as most significant commonsense element other flower that was not endangered well. I received a letter from the West- is simply saying people should know in that area. ern Governors’ Association, signed by what data is being used to reach the the Governor from Nevada, as well as decisions. The bill itself says the Fed- b 1300 the Governor from my friend’s home eral Government shall cooperate—shall Nonetheless, the Fish and Wildlife State of Colorado, urging us to have cooperate—to the maximum extent Service rejected that particular piece transparency in this action, trans- practical with the States. That simply of data. They ignored it. They said it parency in the Endangered Species Act. is not being done. wasn’t peer-reviewed, but the sad part It is important that we simply know Let me give you a couple of exam- is that they ultimately refused to tell what is or is not taking place. ples. us the data that they were using to The Endangered Species Act, unfor- First of all, the dunes sagebrush liz- reach their own decision. Even when tunately, has an impact on real people. ard—a wonderful little lizard, Mr. that data was subpoenaed, they refused It is a regulatory taking by the Federal Speaker, in your home State of Texas— to comply with that particular sub- Government. It impacts real people’s that is trying to be listed by the Fed- poena. ability to use their property, it im- eral Government, they were using data We simply have a problem here, in pacts real people’s ability to have jobs from the 1960s, determined that they that decisions are being made on the and maintain them. To say that talk- were locally extinct, the lizard was lo- Endangered Species Act without hav- ing about this impact on these people cally extinct in an area where it flat- ing public access to the data being used is not good enough, that this is not a out was not extinct. Had they gone to make those decisions, and that is high enough version, this is not raising through with this listing, 47,000 jobs in wrong. to the level, we don’t care enough this district in Texas would have been That is not the way you run a gov- about these people who are impacted impacted by this particular listing, and ernment. That is not the way trans- by that act, is something we in Con- the data was inaccurate. parency has to be. The people of the gress should never say. It is signifi- The Governor of Idaho asked for a United States are paying for all this cant, it is important, and to make FOIA request dealing with the sage- data. They have a right to see what it commonsense improvements to the En- brush. He got back the emails in the is. They have a right to look at it. dangered Species Act should be the FOIA request, and to summarize those They have a right to question it. goal. emails that dealt with the national All this bill does is simply make the Let me explain a couple of different technical team report, the emails basi- data that is being used public—so peo- areas in which these reforms are going cally said: This is our approach—does ple know exactly what you are making to be significant and important. anyone out there have any kind of data those decisions on—and try to limit The first one is this tries to cap the we can use? And if there was no data, the amount that we are spending on amount of money we spend wasted on then their next step was to use the best needless litigation, so you put some litigation costs that should be actually guess of the elements of the members kind of caps on them. That is the first going to the enforcement of the Endan- who were actually working in that par- step. gered Species Act and recovery of these ticular department. Does that solve all the problems of species. This act tries to set a limit on That is not the way you make deci- the ESA? Of course not, but it is the what an attorney can get for engaging sions. You collect the data first, make first and most important step. This is a in a petition against the government it public, let people know about it, commonsense approach that is ration- for the Endangered Species Act. It is then you create the decisions on where al. It is where we need to go. If we mind-boggling to me that in most of you want it to go. In Colorado, Garfield can’t get this done, no other reforms of the agencies of the government we put County, Colorado, actually had to go to a system that is failing can possibly caps on what can be obtained in attor- court to try to get the department to take place. ney fees who sue the government, but give them the data they were using for I urge adoption of this bill. I support we don’t in the Endangered Species the decisions they were going to try to the underlying bill. I urge the adoption Act. use on the endangered species in that of the rule that would do it. So in San Diego, the Jonas Salk Ele- county, and that simply is not an ex- Mr. Speaker, in closing, I want to re- mentary School was postponed indefi- ample of how you cooperate to the iterate this is a fair rule, and it is ap- nitely. The firm that actually did that maximum extent possible with the propriate to the underlying piece of postponement so the kids didn’t have States. legislation. their school charged the Federal Gov- We have an issue with prairie dogs in The material previously referred to ernment six figures, and I promise you southern Utah. The problem is the Fed- by Mr. POLIS is as follows: the first number in that six figures was eral Government only counts prairie AN AMENDMENT TO H. RES. 693 OFFERED BY not 1. dogs on Federal lands to determine if MR. POLIS OF COLORADO In the Clinton administration, they they are a viable species or not. Prairie At the end of the resolution, add the fol- were averaging 20 petitions a year on dogs are very abundant on private lowing new sections: this act. Today, we are averaging 1,200 lands and State lands, to the point that SEC. 2. Immediately upon adoption of this petitions a year. So obviously, we have you can actually get a permit to hunt resolution the Speaker shall, pursuant to a problem, as no one has a total con- them on private lands. Notwith- clause 2(b) of rule XVIII, declare the House

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.022 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H6994 CONGRESSIONAL RECORD — HOUSE July 29, 2014 resolved into the Committee of the Whole trolling the time will not yield for the pur- Huizenga (MI) Mica Schock House on the state of the Union for consider- pose of offering an amendment, the same re- Hultgren Miller (FL) Schweikert ation of the bill (H.R. 3992) to provide for sult may be achieved by voting down the pre- Hunter Miller (MI) Scott, Austin wildfire suppression operations, and for vious question on the rule . . . When the mo- Hurt Mullin Sensenbrenner Jenkins Mulvaney Sessions other purposes. The first reading of the bill tion for the previous question is defeated, Johnson (OH) Murphy (PA) Shimkus shall be dispensed with. All points of order control of the time passes to the Member Johnson, Sam Neugebauer Shuster against consideration of the bill are waived. who led the opposition to ordering the pre- Jolly Noem Simpson General debate shall be confined to the bill vious question. That Member, because he Jones Nugent Smith (MO) and shall not exceed one hour equally di- then controls the time, may offer an amend- Jordan Nunes Smith (NE) vided among and controlled by the chair and ment to the rule, or yield for the purpose of Joyce Olson Smith (NJ) ranking minority member of the Committee amendment.’’ Kelly (PA) Palazzo Smith (TX) King (IA) Paulsen Southerland on the Budget, the chair and ranking minor- In Deschler’s Procedure in the U.S. House King (NY) Pearce Stewart ity member of the Committee on Agri- of Representatives, the subchapter titled Kingston Perry Stivers culture, and the chair and ranking minority ‘‘Amending Special Rules’’ states: ‘‘a refusal Kinzinger (IL) Petri Stockman member of the Committee on Natural Re- to order the previous question on such a rule Kline Pittenger Stutzman sources. After general debate the bill shall be [a special rule reported from the Committee Labrador Poe (TX) Terry considered for amendment under the five- on Rules] opens the resolution to amend- LaMalfa Posey Thompson (PA) minute rule. All points of order against pro- Lamborn Price (GA) Thornberry ment and further debate.’’ (Chapter 21, sec- Lance Reed Tiberi visions in the bill are waived. At the conclu- tion 21.2) Section 21.3 continues: ‘‘Upon re- Lankford Reichert Tipton sion of consideration of the bill for amend- jection of the motion for the previous ques- Latham Renacci Turner ment the Committee shall rise and report tion on a resolution reported from the Com- Latta Ribble Upton the bill to the House with such amendments mittee on Rules, control shifts to the Mem- LoBiondo Rice (SC) Valadao as may have been adopted. The previous ber leading the opposition to the previous Long Rigell Wagner question shall be considered as ordered on question, who may offer a proper amendment Lucas Roby Walberg the bill and amendments thereto to final Luetkemeyer Roe (TN) Walden or motion and who controls the time for de- Lummis Rogers (AL) Walorski passage without intervening motion except bate thereon.’’ Marchant Rogers (KY) Weber (TX) one motion to recommit with or without in- Clearly, the vote on the previous question Marino Rogers (MI) Webster (FL) structions. If the Committee of the Whole on a rule does have substantive policy impli- Massie Rohrabacher Wenstrup rises and reports that it has come to no reso- cations. It is one of the only available tools McAllister Rokita Westmoreland lution on the bill, then on the next legisla- for those who oppose the Republican major- McCarthy (CA) Rooney Whitfield tive day the House shall, immediately after ity’s agenda and allows those with alter- McCaul Ros-Lehtinen Williams the third daily order of business under clause McClintock Roskam Wilson (SC) native views the opportunity to offer an al- McHenry Ross Wittman 1 of rule XIV, resolve into the Committee of ternative plan McKeon Rothfus Wolf the Whole for further consideration of the Mr. BISHOP of Utah. Mr. Speaker, I McKinley Royce Womack bill. McMorris Runyan Woodall SEC. 3. Clause 1(c) of rule XIX shall not yield back the balance of my time, and Rodgers Ryan (WI) Yoder apply to the consideration of H.R. 3992. I move the previous question on the Meadows Salmon Yoho resolution. Meehan Sanford Young (AK) Messer Scalise Young (IN) THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The IT REALLY MEANS question is on ordering the previous NAYS—192 This vote, the vote on whether to order the question. Barber Eshoo Luja´ n, Ben Ray previous question on a special rule, is not The question was taken; and the Barrow (GA) Esty (NM) merely a procedural vote. A vote against or- Speaker pro tempore announced that Bass Farr Lynch dering the previous question is a vote the ayes appeared to have it. Beatty Fattah Maffei against the Republican majority agenda and Becerra Foster Maloney, a vote to allow the Democratic minority to Mr. POLIS. Mr. Speaker, on that I Bera (CA) Frankel (FL) Carolyn offer an alternative plan. It is a vote about demand the yeas and nays. Bishop (GA) Fudge Maloney, Sean what the House should be debating. The yeas and nays were ordered. Bishop (NY) Gabbard Matheson Blumenauer Gallego Matsui Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- Bonamici Garamendi McCarthy (NY) House of Representatives (VI, 308–311), de- ant to clause 9 of rule XX, the Chair Brady (PA) Garcia McCollum scribes the vote on the previous question on will reduce to 5 minutes the minimum Braley (IA) Grayson McDermott the rule as ‘‘a motion to direct or control the time for any electronic vote on the Brown (FL) Green, Al McGovern consideration of the subject before the House Brownley (CA) Green, Gene McIntyre being made by the Member in charge.’’ To question of adoption of the resolution. Bustos Grijalva McNerney defeat the previous question is to give the The vote was taken by electronic de- Butterfield Gutie´rrez Meeks vice, and there were—yeas 224, nays Capps Hahn Meng opposition a chance to decide the subject be- Capuano Hastings (FL) Michaud fore the House. Cannon cites the Speaker’s 192, not voting 16, as follows: Ca´ rdenas Heck (WA) Miller, George ruling of January 13, 1920, to the effect that [Roll No. 458] Carney Higgins Moore ‘‘the refusal of the House to sustain the de- Castor (FL) Himes Moran YEAS—224 mand for the previous question passes the Castro (TX) Holt Murphy (FL) control of the resolution to the opposition’’ Aderholt Clawson (FL) Foxx Chu Honda Nadler in order to offer an amendment. On March Amash Coble Franks (AZ) Cicilline Horsford Napolitano Amodei Coffman Frelinghuysen Clark (MA) Hoyer Neal 15, 1909, a member of the majority party of- Bachmann Cole Gardner Clarke (NY) Huffman Negrete McLeod fered a rule resolution. The House defeated Bachus Collins (GA) Garrett Clay Israel Nolan the previous question and a member of the Barletta Collins (NY) Gerlach Clyburn Jackson Lee O’Rourke opposition rose to a parliamentary inquiry, Barr Conaway Gibbs Cohen Jeffries Owens asking who was entitled to recognition. Barton Cook Gibson Connolly Johnson (GA) Pallone Speaker Joseph G. Cannon (R-Illinois) said: Benishek Cotton Gingrey (GA) Conyers Johnson, E. B. Pascrell ‘‘The previous question having been refused, Bentivolio Cramer Gohmert Cooper Kaptur Pastor (AZ) Bilirakis Crawford Goodlatte Costa Keating Payne the gentleman from New York, Mr. Fitz- Bishop (UT) Crenshaw Gosar Courtney Kelly (IL) Pelosi gerald, who had asked the gentleman to Black Culberson Gowdy Crowley Kennedy Peters (CA) yield to him for an amendment, is entitled to Blackburn Daines Granger Cuellar Kildee Peters (MI) the first recognition.’’ Boustany Davis, Rodney Graves (GA) Cummings Kilmer Peterson The Republican majority may say ‘‘the Bridenstine Denham Griffin (AR) Davis (CA) Kind Pingree (ME) vote on the previous question is simply a Brooks (AL) Dent Griffith (VA) Davis, Danny Kirkpatrick Pocan vote on whether to proceed to an immediate Brooks (IN) DeSantis Grimm DeFazio Kuster Polis Broun (GA) Diaz-Balart Guthrie DeGette Langevin Price (NC) vote on adopting the resolution . . . [and] Buchanan Duffy Hall Delaney Larsen (WA) Quigley has no substantive legislative or policy im- Bucshon Duncan (SC) Hanna DeLauro Larson (CT) Rahall plications whatsoever.’’ But that is not what Burgess Duncan (TN) Harper DelBene Lee (CA) Rangel they have always said. Listen to the Repub- Byrne Ellmers Harris Deutch Levin Richmond lican Leadership Manual on the Legislative Calvert Farenthold Hartzler Dingell Lewis Roybal-Allard Process in the United States House of Rep- Camp Fincher Hastings (WA) Doggett Lipinski Ruiz resentatives, (6th edition, page 135). Here’s Campbell Fitzpatrick Heck (NV) Doyle Loebsack Ruppersberger Cantor Fleischmann Hensarling Duckworth Lofgren Rush how the Republicans describe the previous Capito Fleming Herrera Beutler Edwards Lowenthal Sa´ nchez, Linda question vote in their own manual: ‘‘Al- Carter Flores Holding Ellison Lowey T. though it is generally not possible to amend Chabot Forbes Hudson Engel Lujan Grisham Sanchez, Loretta the rule because the majority Member con- Chaffetz Fortenberry Huelskamp Enyart (NM) Sarbanes

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.006 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H6995 Schakowsky Slaughter Veasey Marchant Reed Smith (TX) Vela Wasserman Welch Schiff Smith (WA) Vela Marino Reichert Southerland Vela´ zquez Schultz Wilson (FL) Schneider Speier Vela´ zquez Massie Renacci Stewart Visclosky Waters Yarmuth Schrader Swalwell (CA) Visclosky McAllister Ribble Stivers Walz Waxman Schwartz Takano McCarthy (CA) Rice (SC) Walz Stockman NOT VOTING—15 Scott (VA) Thompson (CA) Wasserman McCaul Rigell Stutzman Scott, David Thompson (MS) Schultz McClintock Roby Terry Barton Cleaver Miller, Gary Serrano Tierney Waters McHenry Roe (TN) Thompson (PA) Brady (TX) DesJarlais Nunnelee Sewell (AL) Titus Waxman McKeon Rogers (AL) Thornberry Carson (IN) Graves (MO) Perlmutter Shea-Porter Tonko McKinley Rogers (KY) Welch Tiberi Cartwright Hanabusa Pitts Sherman Tsongas McMorris Rogers (MI) Cassidy Issa Pompeo Wilson (FL) Tipton Sinema Van Hollen Rodgers Rohrabacher Yarmuth Sires Vargas Meadows Rokita Turner b 1339 Meehan Rooney Upton NOT VOTING—16 Messer Ros-Lehtinen Valadao So the resolution was agreed to. Brady (TX) Graves (MO) Perlmutter Mica Roskam Wagner The result of the vote was announced Carson (IN) Hanabusa Pitts Miller (FL) Ross Walberg as above recorded. Walden Cartwright Hinojosa Pompeo Miller (MI) Rothfus A motion to reconsider was laid on Cassidy Issa Ryan (OH) Mullin Royce Walorski Cleaver Miller, Gary Mulvaney Runyan Weber (TX) the table. DesJarlais Nunnelee Murphy (PA) Ryan (WI) Webster (FL) Neugebauer Salmon Wenstrup f Noem Sanford Westmoreland ANNOUNCEMENT BY THE SPEAKER b 1331 Nugent Scalise Whitfield Messrs. GRIJALVA, CONYERS, and Nunes Schock Williams PRO TEMPORE Olson Schweikert GARCIA changed their vote from Wilson (SC) The SPEAKER pro tempore. Pursu- Palazzo Scott, Austin Wittman Paulsen ant to clause 8 of rule XX, the Chair ‘‘yea’’ to ‘‘nay.’’ Sensenbrenner Wolf Pearce Sessions So the previous question was ordered. Womack will postpone further proceedings Perry Shimkus Woodall today on motions to suspend the rules The result of the vote was announced Petri Shuster as above recorded. Pittenger Simpson Yoder on which a recorded vote or the yeas Stated against: Poe (TX) Smith (MO) Yoho and nays are ordered, or on which the Posey Smith (NE) Young (AK) vote incurs objection under clause 6 of Mr. HINOJOSA. Mr. Speaker, on rollcall No. Price (GA) Smith (NJ) Young (IN) 458, had I been present, I would have voted rule XX. ‘‘no.’’ NOES—192 Record votes on postponed questions The SPEAKER pro tempore. The Barber Grayson Moore will be taken later. question is on the resolution. Barrow (GA) Green, Al Moran f The question was taken; and the Bass Green, Gene Murphy (FL) Beatty Grijalva Nadler b 1345 Speaker pro tempore announced that Becerra Gutie´rrez Napolitano the ayes appeared to have it. Bera (CA) Hahn Neal LONGSHORE AND HARBOR WORK- RECORDED VOTE Bishop (GA) Hastings (FL) Negrete McLeod Bishop (NY) Heck (WA) Nolan ERS’ COMPENSATION CLARIFICA- Mr. POLIS. Mr. Speaker, I demand a Blumenauer Higgins O’Rourke TION ACT OF 2014 recorded vote. Bonamici Himes Owens Mr. WALBERG. Mr. Speaker, I move A recorded vote was ordered. Brady (PA) Hinojosa Pallone to suspend the rules and pass the bill The SPEAKER pro tempore. This is a Braley (IA) Holt Pascrell Brown (FL) Honda Pastor (AZ) (H.R. 3896) to amend the Longshore and 5-minute vote. Brownley (CA) Horsford Payne Harbor Workers’ Compensation Act to The vote was taken by electronic de- Bustos Hoyer Pelosi provide a definition of recreational ves- vice, and there were—ayes 225, noes 192, Butterfield Huffman Peters (CA) Capps Israel Peters (MI) sel for purposes of such Act, as amend- not voting 15, as follows: Capuano Jackson Lee Peterson ed. [Roll No. 459] Ca´ rdenas Jeffries Pingree (ME) Carney Johnson (GA) Pocan The Clerk read the title of the bill. AYES—225 Castor (FL) Johnson, E. B. Polis The text of the bill is as follows: Aderholt Crawford Hall Castro (TX) Kaptur Price (NC) H.R. 3896 Amash Crenshaw Hanna Chu Keating Quigley Amodei Culberson Harper Cicilline Kelly (IL) Rahall Be it enacted by the Senate and House of Rep- Bachmann Daines Harris Clark (MA) Kennedy Rangel resentatives of the United States of America in Bachus Davis, Rodney Hartzler Clarke (NY) Kildee Richmond Congress assembled, Barletta Denham Hastings (WA) Clay Kilmer Roybal-Allard SECTION 1. SHORT TITLE. Barr Dent Heck (NV) Clyburn Kind Ruiz Benishek DeSantis Hensarling Cohen Kirkpatrick Ruppersberger This Act may be cited as the ‘‘Longshore Bentivolio Diaz-Balart Herrera Beutler Connolly Kuster Rush and Harbor Workers’ Compensation Clari- Bilirakis Duffy Holding Conyers Langevin Ryan (OH) fication Act of 2014’’. Bishop (UT) Duncan (SC) Hudson Cooper Larsen (WA) Sa´ nchez, Linda SEC. 2. DEFINITION OF RECREATIONAL VESSEL. Black Duncan (TN) Huelskamp Courtney Larson (CT) T. (a) DEFINITION.—Section 2 of the Longshore Blackburn Ellmers Huizenga (MI) Crowley Lee (CA) Sanchez, Loretta Boustany Farenthold Hultgren Cuellar Levin Sarbanes and Harbor Workers’ Compensation Act (33 Bridenstine Fincher Hunter Cummings Lewis Schakowsky U.S.C. 902) is amended— Brooks (AL) Fitzpatrick Hurt Davis (CA) Lipinski Schiff (1) by redesignating paragraph (22) as para- Brooks (IN) Fleischmann Jenkins Davis, Danny Loebsack Schneider graph (23); and Broun (GA) Fleming Johnson (OH) DeFazio Lofgren Schrader (2) by inserting after paragraph (21) the fol- Buchanan Flores Johnson, Sam DeGette Lowenthal Schwartz lowing: Bucshon Forbes Jolly Delaney Lowey Scott (VA) ‘‘(22)(A) The term ‘recreational vessel’ Burgess Fortenberry Jones DeLauro Lujan Grisham Scott, David Byrne Foxx Jordan DelBene (NM) Serrano means a vessel— Calvert Franks (AZ) Joyce Deutch Luja´ n, Ben Ray Sewell (AL) ‘‘(i) being manufactured or operated pri- Camp Frelinghuysen Kelly (PA) Dingell (NM) Shea-Porter marily for pleasure; or Campbell Garamendi King (IA) Doggett Lynch Sherman ‘‘(ii) leased, rented, or chartered to another Cantor Gardner King (NY) Doyle Maffei Sinema for the latter’s pleasure. Capito Garrett Kingston Duckworth Maloney, Sires ‘‘(B) In applying the definition in subpara- Carter Gerlach Kinzinger (IL) Edwards Carolyn Slaughter graph (A), the following rules apply: Chabot Gibbs Kline Ellison Maloney, Sean Smith (WA) Chaffetz Gibson Labrador Engel Matheson Speier ‘‘(i) A vessel being manufactured or built, Clawson (FL) Gingrey (GA) LaMalfa Enyart Matsui Swalwell (CA) or being repaired under warranty by its man- Coble Gohmert Lamborn Eshoo McCarthy (NY) Takano ufacturer or builder, is a recreational vessel Coffman Goodlatte Lance Esty McCollum Thompson (CA) if the vessel appears intended, based on its Cole Gosar Lankford Farr McDermott Thompson (MS) design and construction, to be for ultimate Collins (GA) Gowdy Latham Fattah McGovern Tierney recreational uses. The manufacturer or Collins (NY) Granger Latta Foster McIntyre Titus builder bears the burden of establishing that Conaway Graves (GA) LoBiondo Frankel (FL) McNerney Tonko Cook Griffin (AR) Long Fudge Meeks Tsongas a vessel is recreational under this standard. Costa Griffith (VA) Lucas Gabbard Meng Van Hollen ‘‘(ii) A vessel being repaired, dismantled Cotton Grimm Luetkemeyer Gallego Michaud Vargas for repair, or dismantled at the end of its life Cramer Guthrie Lummis Garcia Miller, George Veasey will be treated as recreational at the time of

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.003 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H6996 CONGRESSIONAL RECORD — HOUSE July 29, 2014 repair, dismantling for repair, or disman- goes unpunished. The Obama adminis- pair industry from the requirement to tling, provided that such vessel shares ele- tration issued regulations that further purchase higher cost workers’ com- ments of design and construction of tradi- muddied the waters. pensation insurance under the tional recreational vessels and is not nor- Now, employers are forced to engage Longshore Act. And as part of this pro- mally engaged in a military, commercial, or vision, a repair worker was required to traditionally commercial undertaking. in a complicated analysis to determine ‘‘(iii) A vessel will be treated as a rec- which employees are covered by which be covered by the lower-cost State reational vessel if it is a public vessel, such workers’ comp program, Federal or compensation insurance in order to as a vessel owned or chartered and operated State coverage. It is a mess that is take full advantage of the exception. by the United States, or by a State or polit- forcing employers to spend even more As a result, more workers would be ical subdivision thereof, at the time of re- time and money managing their work- covered—a good thing. pair, dismantling for repair, or dismantling, ers’ comp programs. The Recovery Act, signed into law in provided that such vessel shares elements of As the National Marine Manufactur- 2009, provided the clarity for workers design and construction with traditional rec- ers Association warns in a letter to to get the coverage they needed under reational vessels and is not normally en- Congress, the administration’s regu- State workers’ compensation laws. And gaged in a military, commercial, or tradi- marine insurance underwriters began tionally commercial undertaking.’’. latory approach has led to higher rates (b) REGULATIONS.—Not later than 90 days that could ‘‘cause businesses to lay off to write State policies because of this after the date of enactment of this Act, the employees or to decide to buy no insur- clarity. Secretary of Labor shall— ance coverage for their employees at Unfortunately, new regulations were (1) amend the regulations in section 701.501 all.’’ issued in 2011 that adopted a definition of title 20, Code of Federal Regulations, by Members of Congress have raised con- of recreational vessel which was far deleting the text of subsections (a) and (b) of cerns with the administration’s imple- more complicated and onerous than the such section and replacing it with only the existing law. In so doing, this new reg- text of the definition of recreational vessel mentation of the 2009 law and to no avail. So we are here once again, Mr. ulatory definition ran counter to what in section 2(22) of the Longshore and Harbor Congress intended. It contracted the Workers’ Compensation Act, as added by Speaker, clarifying what was already subsection (a); and made clear in the hopes the Depart- exception, rather than expanding it to (2) make no further modification to such ment of Labor will finally get it right. ensure that we could get more employ- definition in another regulation or any ad- H.R. 3896 amends the Longshore Act ees covered. It muddied the waters of ministrative directive. to define what a ‘‘recreational vessel’’ when longshore coverage was required The SPEAKER pro tempore. Pursu- is in order to convey the true intent of and when the new congressionally ant to the rule, the gentleman from the 2009 law. The bill cleans up any reg- mandated exception to use State law Michigan (Mr. WALBERG) and the gen- ulatory ambiguity and helps ensure applied. And as a consequence, these tlewoman from Florida (Ms. maritime employers have access to af- new regulations caused the under- writers to simply stop writing policies WASSERMAN SCHULTZ) each will control fordable workers’ compensation cov- 20 minutes. erage for their employees. under State law, leaving many rec- The Chair recognizes the gentleman With that, Mr. Speaker, I urge my reational workers in the same predica- from Michigan. colleagues to support H.R. 3896, and I ment that they were in before passage of section 803. GENERAL LEAVE reserve the balance of my time. The bill that we are considering Ms. WASSERMAN SCHULTZ. Mr. Mr. WALBERG. Mr. Speaker, I ask today establishes a workable definition Speaker, first, as the prime sponsor of unanimous consent that all Members for a recreational vessel. In doing so, it this legislation, let me thank Chair- may have 5 legislative days in which to restores the intent of Congress in the man KLINE, Ranking Member MILLER, revise and extend their remarks and in- original 2009 enactments to get cov- and the talented staff on the Education clude extraneous material on H.R. 3896. erage for these workers under less ex- and the Workforce Committee for their The SPEAKER pro tempore. Is there pensive State workers’ compensation leadership and guidance in bringing objection to the request of the gen- insurance. Put simply, this bill is forth this bipartisan piece of legisla- tleman from Michigan? about protecting jobs and keeping There was no objection. tion. workers covered. Mr. WALBERG. Mr. Speaker, I rise This is a project that has been bipar- In Broward County, Florida, alone, today in support of H.R. 3896, the tisan from the start, and I think it is there are over 90,000 jobs in the rec- Longshore and Harbor Workers’ Com- unfortunate that my colleague, al- reational marine industry. We are the pensation Act of 2014, and yield myself though speaking in favor of the bill, yachting capital of the entire world in as much time as I may consume. has chosen to stray from the bipartisan Broward capital, particularly in Fort The bill before us today provides an commentary that we should be work- Lauderdale. opportunity to correct a bureaucratic ing together on this legislation. These jobs allow workers to buy mistake by the Obama administration The bill before us, the Longshore and homes, provide for their families, and that is creating a great deal of confu- Harbor Workers’ Compensation Act, contribute significantly to local econo- sion and anxiety among certain mari- would reinstate the intent of Congress mies. And 95 percent of these marine time employers, including a lot of to ensure that workers in the rec- businesses have fewer than 10 employ- small business owners. reational marine repair industry have ees, Mr. Speaker. Congress intended in For more than 85 years, the adequate workers’ compensation cov- 1984 and in 2009 to make sure these Longshore and Harbor Workers’ Com- erage. That is the crux of the matter workers and their families were cov- pensation Act has provided relief to that is before us. ered. And this bill keeps that promise. maritime workers who sustain an in- In 2009, Congress passed section 803 of It does so in a bipartisan way. I urge jury or illness through work-related the American Recovery and Reinvest- my colleagues to support this bill. activity. Under current law, individ- ment Act, which expanded an existing At this time, I have no further re- uals who repair or dismantle rec- exception that allowed more rec- quests for time. So in closing, I will, reational vessels, as well as those who reational marine repair workers to re- again, simply say that I appreciate build recreational vessels less than 65 ceive workers’ compensation coverage Chairman KLINE and Ranking Member feet long, are covered by an available under State law, rather than under the MILLER’s support and the work of all of State workers’ compensation program, Longshore and Harbor Workers’ Com- the Members who have significant ma- not the Federal Longshore Act. pensation Act. This was necessary be- rine industries in their congressional It is a bit confusing, especially for cause repair workers were simply not districts. I am really pleased that we maritime employers. In 2009, Congress buying the more expensive policies are going to be able to finally make tried to simplify the law by stipulating and, thus, they were left undercovered. sure that the intent of Congress is car- any maritime worker providing main- Businesses found that it was difficult ried out and that these marine work- tenance of recreational vessels is cov- for marine underwriters to determine ers, who are vital and a part of the ered by a State workers’ compensation what law their employees fell under. backbone of so many economies, will program, regardless of the size of the Therefore, section 803 expanded the ex- have the coverage that they need, rath- vessel. Unfortunately, no good deed ception for the recreational marine re- er than forgoing that coverage, and

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.008 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H6997 that we will be able to make sure that information for financial services in- for the regulated businesses, but it also the employers who employ them will dustry regulators, and for other pur- strengthens consumer protections for be able to provide less expensive cov- poses. the licensed products. The licensing of erage. It is a win-win, and I look for- The Clerk read the title of the bill. these providers and the sharing of in- ward to seeing it become law. The text of the bill is as follows: formation between State regulators With that, I yield back the balance of H.R. 4626 helps ensure that the consumers are my time. Be it enacted by the Senate and House of Rep- properly protected from fraudulent Mr. WALBERG. Mr. Speaker, I yield resentatives of the United States of America in lending. These registries will allow myself the remainder of my time. Congress assembled, State regulators to better track fraud- I couldn’t have said it better than my SECTION 1. SHORT TITLE. ulent actors, making it less likely that colleague from Florida. Having a dis- This Act may be cited as the ‘‘SAFE Act these fraudsters can obtain a license to Confidentiality and Privilege Enhancement trict that borders the Great Lakes, do business and harm consumers. Act’’. H.R. 4626 provides a minor amend- having marinas and harbors in my dis- SEC. 2. CONFIDENTIALITY OF INFORMATION trict, having the opportunity to use SHARED BETWEEN STATE AND FED- ment to the SAFE Act, ensuring that the resources and to make sure that ERAL FINANCIAL SERVICES REGU- information shared between the State the intent of Congress is followed and LATORS. financial services regulators is pro- Section 1512(a) of the S.A.F.E. Mortgage that we have employees and employers tected. My legislation simply clarifies Licensing Act of 2008 (12 U.S.C. 5111(a)) is that information that is shared with who are treated fairly under workers’ amended by inserting ‘‘or financial services’’ comp laws, that they are cared for these State regulators receives the before ‘‘industry’’. same privileged and confidential treat- completely at the lowest cost that we The SPEAKER pro tempore. Pursu- intended, with the original intent of ment that is currently afforded to ant to the rule, the gentlewoman from State banking and mortgage regu- Congress, this bill does that. West Virginia (Mrs. CAPITO) and the lators. Without this minor change, So I urge my colleagues to vote gentleman from Colorado (Mr. PERL- there will be gaps in the system that ‘‘yes’’ on H.R. 3896 and yield back the MUTTER) each will control 20 minutes. could limit information sharing. balance of my time. The Chair recognizes the gentle- During a hearing in the Financial In- Mr. PETRI. Mr. Speaker, I rise today to ex- woman from West Virginia. stitutions and Consumer Credit Sub- press my support for H.R. 3896, a bill that GENERAL LEAVE committee 2 weeks ago, West Virginia would provide an important technical fix to the Mrs. CAPITO. Mr. Speaker, I ask Division of Financial Institutions Com- Longshore and Harbor Workers’ Compensa- unanimous consent that all Members missioner Sally Cline said: ‘‘This pos- tion Act to ensure that workers in the rec- have 5 legislative days within which to sible gap limits the States’ ability to reational repair industry have access to afford- revise and extend their remarks and use NMLS as a licensing system for able workers’ compensation insurance. submit extraneous materials for the nonmortgage financial services pro- In 2009, Congress expanded an exception RECORD on H.R. 4626, currently under viders. The change proposed by H.R. for the recreational repair industry that allowed consideration. 4626 addresses this uncertainty and workers in that industry to purchase less ex- The SPEAKER pro tempore. Is there would provide me and West Virginia- pensive state workers compensation insur- objection to the request of the gentle- regulated entities with certainty that ance. However, in issuing regulations for this woman from West Virginia? confidential or privileged information expanded exception, the Department of Labor There was no objection. shared through NMLS would continue modified the definition of a recreational vessel Mrs. CAPITO. Mr. Speaker, I yield to be protected under State and Fed- in a way that actually narrowed the excep- myself such time as I may consume. eral law.’’ tion’s scope. The complexity of this new defini- Mr. Speaker, I rise today in strong b 1400 tion has led insurance underwriters to stop support of the Safe Act Confidentiality issuing workers compensation policies for re- and Privilege Enhancement Act, legis- Ensuring the confidentiality of the pair workers, leading many workers to go with- lation that I introduced this year. shared information will bolster the ef- out coverage entirely. One of the lessons learned from the fectiveness of these national registries. H.R. 3896 would enact a definition of rec- financial crisis of the last decade was Expanding licensing to new lines of reational vessel that more accurately reflects there were significant gaps in commu- business and tracking those that are li- the intent of Congress. The bill is supported nication between State regulators. censed will better protect consumers in by the recreational marine and marine insur- Duplicitous mortgage originators were my State and across the country. Mr. Speaker, I urge support of this ance industries and has the support of both able to move from State to State, vir- legislation, and I reserve the balance of the Chairman and the Ranking Member of the tually undetected, perpetuating fraud my time. on consumers. In response, Congress House Education and Workforce Committee. Mr. PERLMUTTER. Mr. Speaker, I I want to thank Rep. WASSERMAN SCHULTZ, passed the SAFE Act, which required yield myself such time as I may con- Chairman KLINE, and Chairman WALBERG for all mortgage loan originators to be li- sume. their support and work on this bill, as well as censed and registered through the Na- Mr. Speaker, H.R. 4626, introduced by the committee staff who worked diligently to tional Mortgage Licensing System and Chairwoman CAPITO, aims at pro- see it through the process. Registry. The SAFE Act also set min- tecting shared information in the I urge my colleagues to support this impor- imum licensing standards that States mortgage and financial services indus- tant legislation. must meet. try by putting safeguards on confiden- The SPEAKER pro tempore. The Since its creation in 2008, this reg- tiality. question is on the motion offered by istry has allowed State regulators to The bill is very simple. It applies the the gentleman from Michigan (Mr. efficiently search a mortgage loan same confidentiality standards to in- WALBERG) that the House suspend the originator’s history and detect pre- formation shared with State regulators rules and pass the bill, H.R. 3896, as vious fraudulent behavior. regarding nondepository financial serv- amended. The success of this registry has not ices companies that it enjoyed prior to The question was taken; and (two- gone unnoticed. Since April 2012, State being entered into the national mort- thirds being in the affirmative) the regulators have been working with gage licensing system, as long as that rules were suspended and the bill, as other financial services providers to information is shared through the Na- amended, was passed. use the NMLS as a platform for the li- tionwide Mortgage Licensing System A motion to reconsider was laid on censing and registry of other financial among all mortgage regulators. the table. services providers, like money service In the lead-up to the financial crisis, f businesses, debt collectors, pawn- State regulators and Congress recog- brokers, and check cashers. In fact, my nized the need to oversee the mortgage SAFE ACT CONFIDENTIALITY AND home State of West Virginia is now industry more comprehensively and ef- PRIVILEGE ENHANCEMENT ACT using this platform for their money ficiently by promoting smart and effi- Mrs. CAPITO. Mr. Speaker, I move to service businesses. cient financial regulations to State-li- suspend the rules and pass the bill The use of this national licensing censed, nonbank financial services pro- (H.R. 4626) to ensure access to certain system not only provides efficiencies viders.

VerDate Mar 15 2010 01:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.032 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H6998 CONGRESSIONAL RECORD — HOUSE July 29, 2014 H.R. 4626 helps develop the Nation- A motion to reconsider was laid on This bill clarifies that the sharing of wide Mortgage Licensing System, the table. information between Federal banking NMLS, so that regulators retain the f regulators and State agencies that li- ability to keep track of bad actors and cense, supervise, or examine the offer- provide responsible mortgage providers EXAMINATION AND SUPERVISORY ing of consumer financial products or with greater efficiency and consistency PRIVILEGE PARITY ACT OF 2014 services will not be construed as in the licensing process. Mrs. CAPITO. Mr. Speaker, I move to waiving, destroying, or otherwise af- H.R. 4626 does not create any addi- suspend the rules and pass the bill fecting any privilege or confidentiality tional privilege or confidentiality (H.R. 5062) to amend the Consumer Fi- right that a person could claim. rights, but the SAFE Act currently nancial Protection Act of 2010 to speci- Americans are familiar with the con- provides that information shared fy that privilege is maintained when cept of privilege. Under current law, through the Nationwide Mortgage Li- information is shared by certain non- legal privilege exists with respect to censing System among mortgage in- depository covered persons with Fed- certain communications, so long as dustry regulators retains existing eral and State financial regulators, and they are not shared with a third party. State and Federal privilege and con- for other purposes, as amended. Attorney-client privilege, for example, fidentiality protections. The Clerk read the title of the bill. is destroyed if the client shares what The bill makes it so that these privi- The text of the bill is as follows: he communicated to his attorney with leges and confidentiality protections H.R. 5062 his colleague at work. remain as long as the information is Be it enacted by the Senate and House of Rep- This legislation provides assurance shared with another mortgage regu- resentatives of the United States of America in for financial institutions that privi- lator. Congress assembled, leged information shared between Fed- Mr. Speaker, the bill addresses uncer- SECTION 1. SHORT TITLE. eral banking regulators and State reg- tainty of confidentiality by clarifying This Act may be cited as the ‘‘Examina- ulatory agencies will be protected and that confidential or privileged informa- tion and Supervisory Privilege Parity Act of remain confidential. tion shared through the NMLS would 2014’’. This will encourage a greater amount continue to be protected under State SEC. 2. PRIVILEGE OF INFORMATION SHARED BY of sharing between institutions and and Federal law. CERTAIN NONDEPOSITORY COV- their regulators and will allow our Na- ERED PERSONS. This bill will increase the coopera- tion’s financial regulators to do their tion—and I think this is the key Section 1024(b)(3) of the Consumer Finan- jobs to ensure that our financial insti- piece—this bill will increase the co- cial Protection Act of 2010 (12 U.S.C. tutions are operating lawfully while, at operation between Federal and State 5514(b)(3)) is amended— the same time, able to offer consumer regulators while ensuring that the (1) by striking ‘‘regulators and the State bank regulatory authorities’’ and inserting credit products that are critical to NMLS fulfills its mission to enhance ‘‘regulators, the State bank regulatory au- Americans to finance their everyday consumer protection and stability in thorities, and the State agencies that purchases and start small businesses. the mortgage lending industry. licence, supervise, or examine the offering of The Examination and Supervisory This is a good bill. It should be consumer financial products or services’’; Privilege Parity Act is a simple bipar- passed by the House of Representa- and tives. It provides for safety for the (2) by adding at the end the following: tisan bill that clarifies that this is not home mortgage lending system and the ‘‘The sharing of information with such regu- always the case. I, again, congratulate licensure system. It provides for co- lators, authorities, and agencies shall not be Mr. BARR and Mr. PERLMUTTER on their operation between Federal regulators construed as waiving, destroying, or other- work, and I would reserve the balance wise affecting any privilege or confiden- and State regulators while preserving of my time. tiality such person may claim with respect Mr. PERLMUTTER. Mr. Speaker, I confidentiality rights of folks who are to such information under Federal or State yield myself as much time as I might part of the licensing system, so I think law as to any person or entity other than consume. a number of different goals are such Bureau, agency, supervisor, or author- Mr. Speaker, I rise in support of H.R. achieved. ity.’’. I thank the gentlewoman from West 5062, the Examination and Supervisory The SPEAKER pro tempore (Mr. Privilege Parity Act, which is difficult Virginia for introducing this bill. With RODNEY DAVIS of Illinois). Pursuant to that, I urge its passage, and I yield to say, but easy to understand. It is to the rule, the gentlewoman from West provide for full cooperation, discourse, back the balance of my time. Virginia (Mrs. CAPITO) and the gen- Mrs. CAPITO. Mr. Speaker, I yield and communication among regulators tleman from Colorado (Mr. PERL- while, at the same time, preserving myself such time as I may consume. MUTTER) each will control 20 minutes. I would like to thank my friend from some confidentiality and protections The Chair recognizes the gentle- for those whose books and records are Colorado for his support of this and for woman from West Virginia. his service on the committee. He is a being reviewed. I want to thank my great member of the Financial Services GENERAL LEAVE friend, Congressman BARR, for working Committee. Mrs. CAPITO. Mr. Speaker, I ask with me on this legislation. Mr. Speaker, I would just like to reit- unanimous consent that all Members This legislation accomplishes two erate that ensuring confidentiality will have 5 legislative days within which to important things. First, it reduces reg- bring about more effectiveness with revise and extend their remarks and ulatory burden by ensuring Federal the national registers. We are respond- submit any extraneous materials for regulators; the CFPB; State banking ing basically to what a lot of our State the RECORD on H.R. 5062, as amended, agencies; and, now, nonbank agencies regulators have asked us to do, to currently under consideration. may coordinate their respective exam- make sure that they better protect The SPEAKER pro tempore. Is there ination schedules. Two, it provides par- consumers and are able to keep the in- objection to the request of the gentle- ity to ensure privilege is not com- formation in a privileged and confiden- woman from West Virginia? promised when regulated entities turn tial manner. There was no objection. over sensitive information to their reg- With that, I would urge passage of Mrs. CAPITO. Mr. Speaker, I yield ulators and when that information is the bill, and I yield back the balance of myself such time as I may consume. subsequently shared among State and my time. Mr. Speaker, this bill is very similar Federal agencies. The SPEAKER pro tempore. The to the previous bill that we just passed. The Dodd-Frank legislation empow- question is on the motion offered by I rise in support of H.R. 5062, the Exam- ered the Consumer Financial Protec- the gentlewoman from West Virginia ination and Supervisory Privilege Par- tion Bureau to regulate, supervise, and (Mrs. CAPITO) that the House suspend ity Act of 2014—we always want to have examine providers of consumer credit the rules and pass the bill, H.R. 4626. a nice, long name for everything—and and financial products. Among these The question was taken; and (two- congratulate my colleagues on the Fi- companies, nonbank financial institu- thirds being in the affirmative) the nancial Services Committee, Mr. PERL- tions are typically State-licensed, and rules were suspended and the bill was MUTTER and Mr. BARR, for their hard their primary regulator is often the passed. work on advancing this legislation. State banking commissioner.

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.035 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H6999 However, in 15 States, such entities Mr. Speaker, I rise in support of H.R. Team members in the U.S., thank you for in- are overseen by a nonbank agency, 5062, the Examination and Supervisory troducing H.R. 5062, the Examination and such as the attorney general, the De- Privilege Parity Act, and I want to Supervisory Privilege Parity Act of 2014. We appreciate your commitment to common partment of Consumer and Regulatory thank the gentleman from Colorado, sense regulatory reform. Affairs, or a dedicated consumer credit my friend, Mr. PERLMUTTER, for work- Consumer access to finance is the life commissioner. ing with me in a bipartisan fashion to blood of new car sales. To maintain competi- The bill extends the same protections introduce and advance this legislation. tiveness, automobile manufacturers must that apply to all consumer creditors to In central Kentucky, one of our sig- have a strong vehicle finance division. These ensure an effective and equitable exam- nature industries is the auto manufac- ‘‘captive finance companies’’, like Toyota ination and investigatory process. turing industry, and no place exempli- Financial Services, provide tailored financ- ing options to our customers, whether they Under the Federal Deposit Insurance fies this proud fact more than Toyota be individual consumers or franchised deal- Act, similar protections exist for banks Motor Manufacturing of Kentucky and ers. As a captive, Toyota Financial Services which benefit from express legal pro- the plant that is located in my district exist solely to support the auto manufac- tection that provides the confidence in Georgetown, Kentucky. turer in selling vehicles and are designed to and legal certainty to turn over privi- With over 7,300 Toyota team mem- maintain a long-term, positive, customer re- leged information and documents at bers and their families dependent on lationship with the consumer. the request of their regulators. these high-quality jobs in that facility, As you know, the Dodd-Frank Act placed captive finance companies under the juris- This protection encourages regulated I am committed to doing everything I diction of the newly created Consumer Fi- entities to comply with the examina- can to support these Kentucky work- nancial Protection Bureau (CFPB). However, tions and mitigates their anxiety about ers. This legislation does that. in a technical oversight, the Act did not ex- disclosing sensitive proprietary infor- H.R. 5062 is, as my friend from Colo- tend the traditional protections of privilege mation to regulators. Sharing of infor- rado said, a technical fix, but it is an over nonpublic, proprietary information— mation will not waive attorney-client, important piece of legislation because often disclosed in the course of supervision— work product, or other privileges rec- it helps automobile finance companies to either the CFPB or the state agencies like Toyota Financial Services, which that jointly oversee captive finance compa- ognized under Federal or State law. nies under the CFPB’s jurisdiction. Let me be clear, a firm cannot turn finances over two-thirds of new vehicle A strong supervisory privilege plays an im- over any information to their regu- sales for Toyota customers. portant role in supporting an effective and lators they choose to benefit from the This legislation assures these con- open examination process. Straightforward extension of privilege and shield them- sumer lenders that when they provide communications between regulators and the selves from third-party lawsuits. Privi- confidential and privileged information regulated entities are critical, and are made lege of information only extends to the to their regulators in the course of su- possible by the extension of privilege. Once pervision, the customary privilege or lost, privilege cannot be restored. information requested by the regu- H.R. 5062 corrects this oversight by simply lators during the course of supervisory confidentiality of that information is guaranteeing that when captive finance com- examinations per State and Federal not waived when shared with the State panies produce information to the CFPB, the law. regulatory agencies. privileged status of that information is pre- Additionally, the bill codifies the This is necessary because the unin- served when the CFPB shares the informa- CFPB guidance bulletin and regulation tended fragmented structure of current tion with state regulation agencies. that says the ‘‘confidential treatment law leaves privileged and confidential At Toyota, we support H.R. 5062 and appre- status of this information in question, ciate your taking the time to learn about of information that would provide that this issue. any person’s submission of information and that poses a significant risk to Sincerely, to the Bureau in the course of the Bu- auto finance companies. STEPHEN CICCONE, reau’s supervisory or regulatory proc- Consumer access to finance is vital Group Vice President, Government Affairs. esses will not waive any privilege such for new car sales and a healthy car person may claim with respect to such market, and a healthy car market is FINANCIAL SERVICES ROUNDTABLE, information.’’ good for the 7,300 automobile manufac- Washington, DC, July 29, 2014. Hon. ED PERLMUTTER, They go on to state that the rule is turing workers in central Kentucky and all around America. House of Representatives, intended to ‘‘provide protections for Washington, DC. the confidentiality of privileged infor- Mr. Speaker, I urge support for this legislation which, again, simply guar- Hon. ANDY BARR, mation substantively identical to the House of Representatives, statutory provisions that apply to the anties that when the Consumer Finan- Washington, DC. submission of privileged information to cial Protection Bureau asks for con- DEAR REPRESENTATIVES PERLMUTTER AND the prudential regulators and State fidential and privileged information BARR: The Financial Services Roundtable from a captive finance company and (FSR) commends your sponsorship of H.R. and foreign bank regulators.’’ 5062, ‘‘The Examination and Supervisory However, this bill will extend protec- then shares that information with a State regulator, that information Privilege Parity Act of 2014’’, which seeks to tions to nonbank State regulators, ensure the protection of shared privileged in- such as the attorney general in Colo- shared will continue to be treated as formation. FSR supports this legislation and rado and those regulated entities. privileged and confidential. I urge sup- urges the House to pass it at the earliest pos- I am a strong supporter and believer port for this legislation. sible date. in the Dodd-Frank Wall Street Reform Mr. PERLMUTTER. Mr. Speaker, I The legislation provides assurance for fi- first would like to introduce into the nancial institutions that privileged informa- and Consumer Protection Act, but I tion shared between federal banking regu- also know certain technical fixes need RECORD, speaking of Toyota, a letter dated July 14, to myself and to Mr. lators and state regulatory agencies will be to be made. That is why I urge passage protected and remain confidential. While the of this bill introduced by my friend, BARR; a letter from the Financial Serv- Consumer Financial Protection Bureau Mr. BARR. ices Roundtable dated July 29, 2014; a (CFPB) has acted to protect confidential in- With that, I will reserve the balance letter from Honda dated July 15; a let- formation obtained through the supervisory of my time. ter from the Conference of State Bank process, this legislation provides additional Mrs. CAPITO. Mr. Speaker, I now Supervisors dated July 15; and a letter assurance that when the CFPB shares super- visory information with federal and state yield such time as he may consume to from the American Financial Services Association dated July 25. regulators—including any state agency that the gentleman from Kentucky (Mr. licenses, supervises or examines the offering BARR), the author of the bill and a TOYOTA MOTOR NORTH AMERICA, INC., of consumer financial products or services, great member of the Financial Services Washington, DC, July 14, 2014. that the confidential nature of the informa- Committee. Hon. ED PERLMUTTER, tion will be protected. Mr. BARR. Mr. Speaker, I thank the Longworth House Office Building, We strongly support H.R. 5062 and urge its gentlewoman for yielding, and I appre- Washington, DC. passage. Thank you for the consideration, and please do not hesitate to contact me if ciate her leadership as the chairman of Hon. ANDY BARR, Longworth House Office Building, you would like to discuss this matter fur- the Financial Institutions Sub- Washington, DC. ther. committee and for her support of this DEAR CONGRESSMEN PERLMUTTER AND Sincerely, important legislation. BARR: On behalf of the over 30,000 Toyota FRANCIS CREIGHTON,

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Executive Vice Presi- CONFERENCE OF STATE There is precedent for this degree of protec- dent, Government BANK SUPERVISORS, tion in the longtime practice by bank regu- Affairs, Financial Washington, DC, July 15, 2014. lators of asserting the confidentiality of Services Roundtable. Representative ED PERLMUTTER, records related to entities under their super- Longworth House Office Building, vision, and resisting the efforts of third- HONDA NORTH AMERICA, INC., Washington, DC. party litigants to discover such information. Washington, DC, July 15, 2014. Representative ANDY BARR, STATUS OF THE NONPUBLIC, PROPRIETARY Hon. SHELLEY MOORE CAPITO, Longworth House Office Building, INFORMATION OF NONBANKS Chairwoman, Subcommittee on Financial Insti- Washington, DC. In establishing the Consumer Financial tutions and Consumer Credit, Committee on DEAR REPRESENTATIVES PERLMUTTER AND Protection Bureau (CFPB), Congress ne- Financial Services, Washington, DC. BARR: On behalf of the Conference of State glected to extend bank supervisors’ histor- Hon. GREGORY W. MEEKS, Bank Supervisors (‘‘CSBS’’), I am writing to ical protections over privileged information Ranking Member, Subcommittee on Financial express our support of your bill, H.R. 5062, to either the CFPB or the state regulators of Institutions and Consumer Credit, Com- which ensures privileged information is pro- nonbanks, with whom the Bureau is expected mittee on Financial Services, Washington, tected when shared with and among regu- to share information and coordinate exami- DC. lators. As state regulators responsible for nations. Therefore, the proprietary informa- DEAR CHAIRWOMAN CAPITO AND RANKING overseeing a variety of depository and non- tion of nonbank consumer finance companies MEMBER MEEKS: Thank you and the Sub- depository financial services providers, our does not enjoy the same legal protections as committee on Financial Institutions and members strongly support your effort to en- that of banks when disclosed during the Consumer Credit for considering H.R. 5062, sure consistent treatment across regulated course of supervision or other regulatory the Examination and Supervisory Privilege entities and regulatory agencies. processes. Parity Act of 2014, introduced by Congress- Effective and efficient financial regulation Recognizing the importance of promoting men Ed Perlmutter and Andy Barr during to- requires collaboration between state and fed- effective supervision, Congress enacted H.R. day’s hearing entitled, ‘‘Examining Regu- eral regulators. Information sharing is the 4014 in December 2012 to protect privileged latory Relief Proposals for Community Fi- lynchpin of this partnership. The creation of information disclosed to the CFPB by cov- nancial Institutions Part II.’’ Honda sup- the Consumer Financial Protection Bureau ered persons. H.R. 4014 amended the Federal ports H.R. 5062 because its passage would en- (‘‘CFPB’’) with jurisdiction over an array of Deposit Insurance Act (FDI Act) to add the sure the protection of privileged supervisory entities regulated at both the federal and CFPB to the list of federal regulators with information shared with and by the Con- state level makes this coordination and uni- whom no applicable privilege is waived when sumer Financial Protection Bureau (CFPB) form treatment of information even more disclosing privileged information by or about for nondepository financial institutions. critical. By correcting current gaps in the a company under supervision. The FDI Act The Dodd-Frank Wall Street Reform and law, this bill improves regulators’ ability to also permits enumerated agencies to share Consumer Protection Act (the ‘‘Act’’) gave coordinate and provides regulated entities such privileged information with ‘‘state the CFPB the authority to regulate and su- with greater confidence that privileged in- bank supervisors’’ without waiving the privi- pervise a number of institutions that provide formation provided to regulators retains fed- lege. However, in the case of a nonbank in- consumer financial products or services, and stitution, federal law currently provides to the extent the CFPB may finalize its eral and state legal protections. As you and your colleagues consider this comprehensive protection of existing privi- ‘‘larger participant’’ rule for the auto fi- bill, CSBS recommends improving the bill by nance market (expected in 2015), we antici- lege if and only if the company does business pate these institutions will include captive adding confidentiality to the covered infor- exclusively in states where it is regulated by vehicle finance companies like Honda. How- mation protection. Not all states confer state bank supervisors, per se. ever, state agencies also regulate captive ve- privilege upon information shared with regu- CURRENT LAW PROVIDES UNEVEN PROTECTIONS hicle finance companies, and it is important lators. Instead, such information is usually FOR NONBANKS to preserve the privilege of supervisory infor- treated as confidential under state law. By Across the country, nonbank consumer fi- mation that regulated entities share with adding ‘‘and confidentiality’’ after ‘‘privi- nance companies do not always fall under the CFPB, particularly because the CFPB is lege’’ the bill will address all intended sce- the jurisdiction of state bank supervisors. In expected to share such information and co- narios for protection of sensitive informa- fact, there are at least 15 states where an ordinate examinations with state regulatory tion. agency other than the state bank supervisor agencies. CSBS is committed to working with you to currently has either partial or full jurisdic- Although Congress passed H.R. 4014 in late ensure that H.R. 5062 becomes law and urge tion over nonbanks offering consumer credit 2012 (P.L. 112–215) to address the privilege you and your colleagues to pass the bill. in that state. This exposes such entities to issue, that law only protects the privilege of Sincerely, significant legal risk, given the uncertainty information in those states where state bank JOHN W. RYAN, surrounding whether privilege will withstand supervisors regulate the consumer financial President & CEO. the transfer of information by the CFPB to, product or service. However, there are 15 and among, state agencies not specifically states where a state agency, other than a AMERICAN FINANCIAL referenced in federal law. Such uncertainty state bank supervisor, has jurisdiction over SERVICES ASSOCIATION, will necessarily chill communications be- the offering of consumer financial products JULY 25, 2014. tween the CFPB and the companies it super- or services; for example, in Texas, the gov- Re H.R. 5062, ‘‘Examination and Supervisory vises, undermining the agency’s effective- erning body is the Office of the Consumer Privilege Parity Act of 2014’’ ness. Credit Commissioner (OCCC). As a result of Hon. ED PERLMUTTER, With the CFPB conducting examinations these differences in regulatory regimes, a House of Representatives, of state-regulated nondepository financial question remains as to whether the sharing Washington, DC. institutions, it is imperative for Congress to of supervisory information with those types Hon. ANDY BARR, extend all applicable privileges to the range of agencies would result in a waiver of privi- House of Representatives, of institutions subject to supervision by the lege. H.R. 5062 would clarify that such shar- Washington, DC. Bureau. Congress should ensure that the ing between the CFPB and prudential regu- DEAR CONGRESSMEN: On behalf of the same protections apply to all consumer lators, state bank regulatory authorities, as American Financial Services Association creditors to ensure an effective and equitable well as other state agencies that license, su- (AFSA) and our more than 350 members, examination and investigatory process. pervise, or examine the offering of consumer write in support of your legislation, H.R. AFSA URGES CONGRESS TO ENACT H.R. 5062 financial products or services, would not be 5062, the ‘‘Examination and Supervisory ‘‘construed as waiving, destroying, or other- H.R. 5062 would amend the Consumer Fi- Privilege Parity Act of 2014.’’ We applaud nancial Protection Act of 2010 to specify that wise affecting any privilege’’ a financial in- your efforts to ensure that the nonpublic, stitution could claim. With the CFPB work- privilege is maintained when information is proprietary information of nonbank con- shared by certain nondepository covered per- ing to develop its supervisory program for sumer finance companies remains privileged, ‘‘larger participants’’ in the auto lending sons with federal and state financial regu- wherever applicable, throughout the course lators. AFSA believes this bill will achieve market, it has become critical to establish of supervision at the federal and state levels. parity for the protection of privileged infor- parity in the statutory treatment of non- AFSA believes this to be a key step in pro- mation among all financial institutions. public, proprietary information disclosed by moting a candid and efficient supervisory re- We hope that the Subcommittee and the nondepository financial institutions with Full Committee on Financial Services can lationship between financial regulators and that of their depository peers, and will there- take immediate action on H.R. 5062. Thank the entities they oversee. by promote greater candor with regulators you again for your consideration. If you need BACKGROUND ON SUPERVISORY PRIVILEGE and more efficient regulation. AFSA urges any additional information, please contact A strong supervisory privilege plays an im- Congress to advance this legislation at the me. portant role in supporting an effective and soonest possible opportunity, as covered per- Sincerely, open examination process. Straightforward sons face greater risk to the sanctity of their TARA HAIRSTON, communications between regulators and the proprietary information as they disclose Government & Industry Relations, regulated entities are critical, and are made more documents to the CFPB with each Honda North America, Inc. possible by the maintenance of privilege. passing day.

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AFSA looks forward to working with you tions over privileged information submitted PARTIAL PRIVILEGE IS NO PRIVILEGE to address this matter. If you have any ques- to bank supervisors, during the course of su- The CFPB operates under a rather rigid tions, please contact me. pervision, to either the CFPB or certain document called the Enforcement Action Sincerely, state agencies with whom the Bureau is ex- Process, which provides that an investiga- BILL HIMPLER, pected to share information and coordinate tion begins with a civil investigative demand Executive Vice President, examinations. (CID), ‘‘which can easily be 20 or 30 pages American Financial Services Association. A FLAWED SOLUTION long, [and] request almost every imaginable b 1415 The enactment of H.R. 4014 during the relevant piece of documentary evidence.’’ 112th Congress sought to resolve the problem Companies typically have ten days to draft Mr. PERLMUTTER. Since there are by amending the Federal Deposit Insurance an initial response, and companies like auto- no other speakers on the majority side Act (‘‘FDI Act’’) to add the CFPB to the list mobile finance companies that operate under of the aisle, I will close as well. of federal regulators approved to share infor- all 50 state regulatory regimes could be com- Mr. Speaker, this is very similar to mation without waiving any applicable pelled to provide information that, while the bill we just heard. It really is try- privilege. The FDI Act also permits enumer- privileged in some states in which the com- ing to do two things. One, add the co- ated agencies to share privileged informa- pany is licensed, would not be in other tion with ‘‘state bank supervisors’’ without states. operation among Federal and State Once lost, privilege cannot be restored, regulators and potential companies, in- waiving privilege. However, in the case of a nondepository consumer lender, H.R. 4014 leaving formerly privileged documents pro- dividuals who might be under examina- provides comprehensive protection of privi- duced to the CFPB subject to discovery by tion by those regulators, so that the in- lege if and only if the company does business third parties. Moreover, the consequences of dividual or company who is providing exclusively in states where it is regulated by privilege waiver can be significantly com- information to the regulators knows state bank supervisors. pounded if a court rules that the privilege that that information maintains pro- Nondepository consumer lenders, however, was waived not only as to the individual doc- tections and confidentiality and privi- do not always fall under the jurisdiction of ument or documents actually produced to the CFPB, but as to all information relating lege in those respects. So we are seek- state bank supervisors. According to an in- formal survey conducted by AFSA, there are to that subject matter. The following exam- ing additional cooperation and addi- at least 15 states where a state agency other ple illustrates the point: in responding to a tional communication. than the state bank supervisor currently has CID issued by the CFPB, an automobile fi- This bill that Congressman BARR and either partial or full jurisdiction over the fi- nance company might feel compelled to I have introduced I think gets to those nancial activities of nonbanks doing business produce an otherwise privileged internal two key goals. Again, the purpose is so in that state. For example, in Texas, the Of- memorandum on Topic X; the CFPB shares that the regulators understand what it fice of the Consumer Credit Commissioner this memorandum with non-banking regu- is that they are examining and have as regulates nondepository consumer lenders, lators in States A, B and C, all of which reg- much information as possible, and that and in Colorado, the state Attorney General ulate the finance company. Assume for this hypothetical that the CFPB and States A, B they get full cooperation from those regulates such entities. In addition, states periodically reorganize their regulatory re- and C all ultimately agree with the memo- that are being examined. So I thank gimes—raising the issue of whether a non- randum’s conclusions on Topic X, and decide my friend for introducing this bill. depository consumer lender currently under to take no action against the finance com- With that, I yield back the balance of a state’s banking agency would be protected pany. Under the current framework, the my time. if the state changes its regulatory regime in privileged nature of that memorandum is Mrs. CAPITO. Mr. Speaker, I again the future. likely lost and any private litigant can seek would like to thank the sponsors of the We ask that nondepository consumer lend- (and possibly obtain) production of the legislation, Mr. BARR and Mr. PERL- ers are universally afforded the customary memorandum. This is bad enough, essen- and historical protections of privilege when tially eviscerating the privilege. Worse is the MUTTER, for working together to seek a the CFPB and other regulators share such possibility that a court might conclude that fix that will result in good things for privileged information with any applicable not only is the privilege waived as to the the coordination aspect of the State state agency with supervisory oversight over memorandum, but also as to all finance com- regulators and Federal regulators. I en- such companies. Our goal is to provide parity pany documents relating to the topic in courage passage of the bill. among financial institutions of all types, and question. With that, I yield back the balance of we do not seek to advantage any class of CONGRESSIONAL INTERVENTION IS PARAMOUNT my time. creditor. Even in an instance where the CFPB may Mr. PERLMUTTER. Mr. Speaker, I submit THE NECESSITY OF PRIVILEGE agree to respect privilege in all states, it is the following letter of support of H.R. 5062. It is important to emphasize the critical unclear whether the Bureau could effectuate JULY 25, 2013. role that privilege plays in supporting a that protection. For example, although the Re Supervisory Privilege for Nondepository more effective and transparent supervisory CFPB promulgated a rule governing privi- Consumer Lenders process between regulators and regulated en- lege, it has not addressed this particular tities, as effective examinations are en- issue regarding gaps in its statutory author- Hon. TIM JOHNSON, hanced by the privilege. Indeed, the Court of ity. Further, even if so inclined, it is unclear Chairman, Senate Banking Committee, Wash- Appeals for the D.C. Circuit expounded as that the CFPB could assist a company at- ington, DC. follows: tempting to defend privilege in a law suit Hon. MIKE CRAPO, The bank examination privilege is firmly brought by a third party attempting to dis- Ranking Member, Senate Banking Committee, rooted in practical necessity. Bank safety cover privileged material. Washington, DC. and soundness supervision is an iterative We note that, while the federal banking Hon. JEB HENSARLING, process of comment by the regulators and re- agencies had similar rules in place, Con- Chairman, House Financial Services Committee, sponse by the bank. The success of the super- gress—believing a statute was necessary to Washington, DC. vision therefore depends vitally upon the safeguard privilege—enacted 12 U.S.C. 1828(x) Hon. MAXINE WATERS, quality of communication between the regu- to ensure that any privileged work product Ranking Member, House Financial Services lated banking firm and the bank regulatory or protected materials that banks disclose in Committee, Washington, DC. agency. This relationship is both extensive the course of supervision remain privileged DEAR CHAIRMEN AND RANKING MEMBERS: and informal. It is extensive in that bank ex- as to all other parties. The American Financial Services Associa- aminers concern themselves with all manner We respectfully request that the House Fi- tion (‘‘AFSA’’) and the undersigned auto- of a bank’s affairs. . . Because bank super- nancial Services Committee and the Senate mobile finance companies ask for your sup- vision is relatively informal and more or less Banking Committee act decisively and with- port to ensure the privilege protection for continuous, so too must be the flow of com- out delay to establish parity among all lend- state licensed and regulated nondepository munication between the bank and the regu- ers by advancing legislation to reaffirm full consumer lenders under the jurisdiction of latory agency Bank management must be privilege protection to all types of financial the Consumer Financial Protection Bureau open and forthcoming in response to the in- institutions. (‘‘CFPB’’ or ‘‘Bureau’’) is fully extended to quiries of bank examiners, and the exam- Thank you for your consideration. Should all such companies and their privileged in- iners must in turn be frank in expressing you need any additional information, please formation—regardless of which state agency their concerns about the bank. These condi- contact AFSA’s Executive Vice President, happens to be their regulator. tions simply could not be met as well if com- Bill Himpler, at (202) 466–8616 or THE DODD-FRANK ACT AND PRIVILEGE munications between the bank and its regu- [email protected]. While the Dodd-Frank Act (‘‘Act’’) granted lators were not privileged. (Emphasis added.) Sincerely, the CFPB authority to regulate and super- We believe the same policy should apply to Katherine Adkins, General Counsel and vise a wide range of depository institutions all consumer creditors to ensure effective Vice President, Legal & Compliance, and nondepository consumer lenders, the Act and equitable examination and investigatory Toyota Financial Services, Torrance, neglected to extend the historical protec- processes. California;

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Stephen P. Artusi, Vice President and (B) by striking ‘‘the authority’’ and insert- ‘‘(C) LIMITATION.—If the taking of any ac- General Counsel, World Omni Financial ing ‘‘the priorities and allocations authori- tion or actions under this section to correct Corp., Deerfield Beach, Florida; ties’’; an industrial resource shortfall would cause Alan Ray Hunn, General Counsel, Nissan (2) in subsection (b), by amending para- the aggregate outstanding amount of all Motor Acceptance Corporation, Frank- graph (2) to read as follows: such actions for such industrial resource lin, Tennessee (Headquarters), Irving, ‘‘(2) The Chairperson of the Committee shortfall to exceed $50,000,000, no such action Texas (Operations); shall be the head of the agency to which the or actions may be taken, unless such action Doug Johnson, Executive Vice President, President has delegated primary responsi- or actions are authorized to exceed such Chief Legal Officer, GM Financial, Fort bility for government-wide coordination of amount by an Act of Congress.’’. Worth, Texas; the authorities in this Act.’’; (b) EXCEPTION.—Section 303(a)(6)(C) of the Katherine M. Kjolhede, Executive Vice (3) by amending subsection (c) to read as Defense Production Act of 1950, as added by President & General Counsel, Ford follows: subsection (a)(2), shall not apply to a project Motor Credit Company LLC, Dearborn, ‘‘(c) COORDINATION OF COMMITTEE ACTIVI- undertaken pursuant to a determination Michigan; TIES.—The Chairperson shall appoint one made before the date of the enactment of Kevin McDonald, Chief Compliance Offi- person to coordinate all of the activities of this Act. cer, General Counsel & Secretary, VW the Committee, and such person shall— SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Credit, Inc., Herndon, Virginia; ‘‘(1) be a full-time employee of the Federal Section 711 of the Defense Production Act Catherine M. McEvilly, Compliance Offi- Government; of 1950 (50 U.S.C. App. 2161) is amended— cer, American Honda Finance Corpora- ‘‘(2) report to the Chairperson; and (1) by striking ‘‘are hereby authorized to tion, Torrance, California; ‘‘(3) carry out such activities relating to be appropriated such sums as may be nec- Carol J. Moore, Vice President and Exec- the Committee as the Chairperson may de- essary and appropriate’’ and inserting ‘‘ is utive General Counsel, Hyundai Capital termine appropriate.’’; and authorized to be appropriated $133,000,000 for America, Irvine, California; (4) in subsection (d)— fiscal year 2015 and each fiscal year there- RJ Seaward, Vice President, General (A) by striking ‘‘Not later than’’ and all after’’; and Counsel, Harley-Davidson Financial that follows through ‘‘Committee shall sub- (2) by striking the second and third sen- mit’’ and inserting the following: ‘‘The Com- Services, Chicago, Illinois; tences. mittee shall issue a report each year by Michelle Spreitzer, General Counsel, March 31’’; The SPEAKER pro tempore. Pursu- Mercedes-Benz Financial Services, (B) by striking ‘‘each member of the Com- ant to the rule, the gentleman from Farmington Hills, Michigan. mittee’’ and inserting ‘‘the Chairperson’’; California (Mr. CAMPBELL) and the gen- The SPEAKER pro tempore. The (C) in paragraph (1)— tleman from Colorado (Mr. PERL- question is on the motion offered by (i) by striking ‘‘a review of the authority MUTTER) each will control 20 minutes. the gentlewoman from West Virginia under this Act of’’ and inserting ‘‘a descrip- The Chair recognizes the gentleman (Mrs. CAPITO) that the House suspend tion of the contingency planning by’’; and from California. (ii) by inserting before the semicolon the the rules and pass the bill, H.R. 5062, as GENERAL LEAVE following: ‘‘for events that might require the amended. use of the priorities and allocations authori- Mr. CAMPBELL. Mr. Speaker, I ask The question was taken; and (two- ties’’; unanimous consent that all Members thirds being in the affirmative) the (D) in paragraph (2), by striking ‘‘author- have 5 legislative days within which to rules were suspended and the bill, as ity described in paragraph (1)’’ and inserting revise and extend their remarks and amended, was passed. ‘‘priorities and allocations authorities in submit extraneous material on H.R. The title of the bill was amended so this Act’’; 4809, as amended, the bill currently as to read: ‘‘A bill to amend the Con- (E) by amending paragraph (3) to read as under consideration. sumer Financial Protection Act of 2010 follows: The SPEAKER pro tempore. Is there ‘‘(3) recommendations for legislation ac- to specify that privilege and confiden- tions, as appropriate, to support the effective objection to the request of the gen- tiality are maintained when informa- use of the priorities and allocations authori- tleman from California? tion is shared by certain nondepository ties in this Act;’’; There was no objection. covered persons with Federal and State (F) in paragraph (4), by striking ‘‘all as- Mr. CAMPBELL. Mr. Speaker, I yield financial regulators, and for other pur- pects of’’ and all that follows through the myself such time as I may consume. poses.’’. end of the paragraph and inserting ‘‘the use This bill today, H.R. 4809, is a bill to A motion to reconsider was laid on of the priorities and allocations authorities reauthorize the Defense Production the table. in this Act;’’; and Act. Simply put, the Defense Produc- (G) by adding at the end the following: tion Act is a bill that is intended to f ‘‘(5) up-to-date copies of the rules described minimize distortions to the economy REAUTHORIZATION OF THE under section 101(d)(1); and ‘‘(6) short attestations signed by each when it is necessary for the govern- DEFENSE PRODUCTION ACT member of the Committee stating their con- ment to take action to aid speedy re- Mr. CAMPBELL. Mr. Speaker, I currence in the report.’’. covery from large natural or man-made move to suspend the rules and pass the SEC. 3. UPDATED RULEMAKING. disasters or to protect our servicemen bill (H.R. 4809) to reauthorize the De- Section 101(d)(1) of the Defense Production and -women during combat situations. fense Production Act, to improve the Act of 1950 (50 U.S.C. App. 2071(d)(1)) is The underlying legislation was used in amended by striking ‘‘not later than’’ and all Defense Production Act Committee, the recoveries from Hurricanes Katrina that follows through ‘‘rules’’ and inserting and Sandy and used to get new body and for other purposes, as amended. the following: ‘‘issue, and annually review The Clerk read the title of the bill. and update whenever appropriate, final armor in a hurry for troops in Iraq and The text of the bill is as follows: rules’’. Afghanistan when supplies ran dan- H.R. 4809 SEC. 4. PRESIDENTIAL DETERMINATION. gerously low. (a) IN GENERAL.—Section 303(a) of the De- Shortly after the outbreak of the Ko- Be it enacted by the Senate and House of Rep- fense Production Act of 1950 (50 U.S.C. App. rean war was when Congress first en- resentatives of the United States of America in 2093(a)) is amended— Congress assembled, acted the Defense Production Act, (1) in paragraph (5)— DPA, granting the President broad SECTION 1. REAUTHORIZATION. (A) by striking ‘‘determines’’ and inserting powers to access prompt, adequate, and Section 717(a) of the Defense Production the following: ‘‘, on a non-delegable basis, de- Act of 1950 (50 U.S.C. App. 2166(a)) is amend- termines, with appropriate explanatory ma- uninterrupted supplies of industrial re- ed— terial and in writing,’’; sources to satisfy national security (1) by striking ‘‘2014’’ and inserting ‘‘2019’’; (B) in subparagraph (A), by striking ‘‘and’’ needs. During that war, the DPA was and at the end; used to establish a robust national de- (2) by striking ‘‘on or after the date of en- (C) in subparagraph (B), by striking the pe- fense infrastructure which later pro- actment of the Defense Production Act Re- riod and inserting ‘‘; and’’; and vided the U.S. strength in the ensuing authorization of 2009’’. (D) by adding at the end the following: cold war. SEC. 2. DEFENSE PRODUCTION ACT COMMITTEE ‘‘(C) purchases, purchase commitments, or Since then, the DPA has been used IMPROVEMENTS. other action pursuant to this section are the only sparingly. In recent years, Con- Section 722 of the Defense Production Act most cost effective, expedient, and practical of 1950 (50 U.S.C. App. 2171) is amended— alternative method for meeting the need.’’; gress expanded the Executive’s use of (1) in subsection (a)— and the DPA to include the protection of (A) by striking ‘‘advise the President’’ and (2) in paragraph (6), by adding at the end critical infrastructure and needs aris- inserting ‘‘coordinate and plan for’’; and the following: ing from civil emergencies, such as

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.034 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7003 hurricanes, in addition to its defense perception of misuse. It passed the Fi- majority, starting with the Export-Im- purposes. When it was enacted, the nancial Services Committee in June by port Bank, which itself has been reau- DPA consisted of seven titles, includ- voice vote. I would urge immediate thorized numerous times by both par- ing some controversial wage and price passage of this bill and its common- ties, whoever was in the majority. Yet controls. As the Korean war wound sense reforms. the Export-Import Bank is sitting down, four of those titles were allowed I reserve the balance of my time. there holding fire when it is a benefit— to expire. The remainder of the law, Mr. PERLMUTTER. Mr. Speaker, I a strong benefit—to this country and the remaining three titles, have oper- yield myself such time as I may con- to the businesses of this country so ated effectively and without much con- sume. that we can be on even footing with all troversy since. I thank the gentleman from Cali- of the other countries competing for There are three remaining titles. fornia for working on this bill and get- business around the world. First, title I, which grants the Presi- ting it reintroduced and, hopefully, Secondly, the TRIA, which is the dent authority to meet urgent defense today getting it passed. I thank him, Terrorist Risk Insurance Act, it too is or disaster recovery requirements. This too, for working with a number of us sitting there without any action hav- authority essentially allows the gov- on certain provisions. ing been taken by the Republican ma- ernment to move to the head of a com- When the Defense Production Act jority of this Congress. It too has been pany’s production and delivery sched- was initially enacted in 1950 in the reauthorized on several occasions, and ule and indemnifies that company aftermath of World War II and in the it benefits this country in many ways against breach of contract lawsuits by midst of the Korean war, it contained and needs to be acted upon. But in- nongovernment entities. seven separate titles that granted stead, the Republican majority has Title III authorizes the President to broad authority to the President to chosen to bring a lawsuit against the use loans, purchase commitments, and control national economic policy. Fol- President of the United States, which grants to encourage contractors to es- lowing the Korean war, three of the De- has absolutely no merit, and has given tablish or expand industrial capacity fense Production Act titles remain in their lawyers in the proposed legisla- and produce items that are essential to effect and two of the act’s titles need tion a blank check to sue the President the national defense that must be do- to be reauthorized. when we have important legislation, mestically produced but are otherwise First, there is title I of the DPA, whether it is the Export-Import Bank, not economically attractive enough to which authorizes the priority treat- terrorist risk insurance, looking at im- have a domestic producer. These pro- ment of contracts and orders to meet migration issues, comprehensive immi- grams are usually small, typically less urgent defense or readiness require- gration reform, transportation, we than $15 million, and in the history of ments. It does so by allowing the gov- have many, many items that need to be the DPA, going back to the Korean ernment to move to the head of a com- addressed. But instead, we are going to war, only three have exceeded $50 mil- pany’s line of production and delivery take up litigation that is unheard of in lion, each of which was specifically au- schedule while indemnifying the com- the history of the United States thorized by Congress. pany against breach of contract law- against the President of the United Title VII authorizes the President to suits by nongovernment entities. States because he has taken actions provide antitrust exemptions for vol- Title III is the other key provision of when this Congress has sat silent. untary agreements and joint activities the law that Congress needs to reau- This bill, the Defense Production among private entities intended to ad- thorize. This title empowers the Presi- Act, I thank my friend from California dress production and distribution prob- dent to support the private sector for bringing it. It needs to be passed. I lems that might impair defense pre- through the use of financial incentives, urge its passage. So many other things paredness. including loans, guarantees, purchase need to be passed and not just ignored While the first two titles and the rest commitments, and grants to ensure in the face of doing something so polit- of title VII expire at the end of Sep- that the U.S. domestic industrial base ical as suing the President of the tember, title VII also contains the au- has the production capabilities that United States. thorization of the Committee on For- the President has determined are es- I urge my friend from California, I eign Investment in the United States, sential to our national security. urge the Speaker to dispose of what we which scrutinizes the foreign direct in- Congress has reauthorized the DPA are supposed to take up tomorrow or vestments process, to ensure that they on a bipartisan basis approximately 50 Thursday in this lawsuit against the do not threaten national security. That times since its first enactment in 1950. President of the United States for tak- authority does not sunset. It did not It has been used by all administrations ing steps that we here in Congress ap- before, and it does not in this reauthor- since President Truman during both parently are refusing, and I would say ization. peace and times of conflict to support to the Republican majority, you are re- Mr. Speaker, the bill before us reau- the national security programs of the fusing to bring up and have heard and thorizes the DPA for 5 years and rein- United States of America. voted on—transportation issues should states some modest reforms, the re- The measure includes several re- be a bipartisan matter; immigration forms that were in place prior, adds forms. First, the measure would re- should be bipartisan; the Export-Im- back the guidelines for the use of title structure and refocus the Defense Pro- port Bank which benefits our compa- III that clarified that title III must be duction Act Committee, an inter- nies and our businesses and has been the most cost-effective solution to the agency advisory body on the priorities authorized since the 1930s, makes defense industrial base shortfall, and it and allocation authorities contained in money for the country, that should be has a requirement for a separate con- title I. Agency heads are also required brought up. We should be bringing up gressional authorization for projects to issue and review rules that would es- the Terrorist Risk Insurance Act so greater than $50 million. As I just de- tablish the standards and procedures that companies across the country scribed, all previous projects greater by which title I authorities can be know in the terrible event of another than $50 million since the Korean war used. attack like we had on 9/11 that there is have all received congressional reau- In closing on this subject, let’s be a backstop for them and their prop- thorization, so this really is not chang- very clear. The Defense Production Act erties and their people. But, no, we are ing what has been existing practice. is a law of great national significance. taking up litigation, not legislation. The reforms also stipulate that the It has been reauthorized many times. use of title III may only be approved by It provides powerful authorities for b 1430 the President and makes some changes purposes of our national defense and That is just wrong, Mr. Speaker. I to improve the effectiveness of an security. I urge the adoption of the De- can’t object to it in any greater terms. interagency coordinating committee fense Production Act as we have modi- It just makes no sense. It does not ad- on the uses of the DPA. fied it. vance the ball for America. It doesn’t Mr. Speaker, this bill preserves the I would state, Mr. Speaker, we have advance the ball for middle America. vital and important authorities of the other bills very similar to this that People are looking for jobs and want to DPA while preventing any abuse or need to be acted on by the Republican see that their kids go to college and

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.040 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7004 CONGRESSIONAL RECORD — HOUSE July 29, 2014 want to have retirement security. It is movement of this country forward, it (H.R. 4709) to improve enforcement ef- just a political statement when we does take both sides of the aisle—Re- forts related to prescription drug diver- could be doing a lot more. publican side of the aisle and Demo- sion and abuse, and for other purposes, This Congress can do so much more. cratic side of the aisle. as amended. Passage of this Defense Production Act I would suggest to my friend that The Clerk read the title of the bill. is doing something, and I thank my Democrats did not have control of the The text of the bill is as follows: friend for that. I urge its passage, and House, did not bring legislation, or liti- H.R. 4709 I yield back the balance of my time. gation, if you will, against President Be it enacted by the Senate and House of Rep- Mr. CAMPBELL. Mr. Speaker, I yield Bush. And I would suggest to my resentatives of the United States of America in myself the balance of my time. friend, take a look at the number of ex- Congress assembled, First of all, let me thank the gen- ecutive orders that Ronald Reagan SECTION 1. SHORT TITLE. tleman from Colorado and my friends issued, that Bill Clinton issued, that This Act may be cited as the ‘‘Ensuring on the other side of the aisle for their George H. W. Bush, and George W. Bush Patient Access and Effective Drug Enforce- work on and support of this Defense issued, compared to President Obama. ment Act of 2014’’. Production Act, for which I will call I appreciate your willingness to let SEC. 2. REGISTRATION PROCESS UNDER CON- the vote in just a moment. me speak and just get that in. TROLLED SUBSTANCES ACT. (a) DEFINITIONS.— But as to comments that my friend Again, I urge the passage of the De- (1) FACTORS AS MAY BE RELEVANT TO AND from Colorado made, first of all, I fense Production Act. Mr. CAMPBELL. I thank the gen- CONSISTENT WITH THE PUBLIC HEALTH AND think he knows I agree with him on tleman from Colorado. SAFETY.—Section 303 of the Controlled Sub- Export-Import Bank and on terrorism I understand the point. Some indi- stances Act (21 U.S.C. 823) is amended by risk insurance, so you are not going to vidual Members, I believe, did intro- adding at the end the following: have any debate from me there. ‘‘(i) In this section, the phrase ‘factors as duce—the House didn’t per se—but did may be relevant to and consistent with the Clearly later this week, the action to introduce some charges, if you will, sue the President will come on the public health and safety’ means factors that against President Bush. are relevant to and consistent with the find- floor. There will be plenty of time to The point I am simply trying to ings contained in section 101.’’. debate on that. make is, each side of the aisle has felt (2) IMMINENT DANGER TO THE PUBLIC HEALTH Just one comment I would like to that the rights under the Constitution OR SAFETY .—Section 304(d) of the Controlled make. You mentioned bipartisanship, of this institution have been trodden Substances Act (21 U.S.C. 824(d)) is amend- and I agree with you, there is not upon by a President of the other side of ed— enough around here and there needs to the aisle. What the right response to (A) by striking ‘‘(d) The Attorney General’’ be. In the end, you can never move the that is and what the right remedy to and inserting ‘‘(d)(1) The Attorney General’’; country forward sustainably without and that is we can debate. I am retiring at (B) by adding at the end the following: getting something that has support on the end of this year, so I am leaving all ‘‘(2) In this subsection, the phrase ‘immi- both sides. So I agree on that. of this for you all. But as we grow the nent danger to the public health or safety’ But when I first got here almost 10 executive branch, as we add more de- means that, in the absence of an immediate years ago, George W. Bush was Presi- partments, and we add more things, we suspension order, controlled substances— dent, and I saw a number of your col- continue to concentrate power there ‘‘(A) will continue to be intentionally dis- leagues, the Democrats, had a button and take it away from here. tributed or dispensed— that said ‘‘article I.’’ I am like, what is This place, for all its faults and foi- ‘‘(i) outside the usual course of profes- that? They said: Well, this is to show bles, and it has plenty of them, it is ac- sional practice; or that we, Congress, are article I in the countable to the people. It is account- ‘‘(ii) in a manner that poses a present or foreseeable risk of serious adverse health Constitution, the executive branch is able to the people in a way that the ex- consequences or death; or article II, and we believe that Presi- ecutive branch can’t ever be. That is ‘‘(B) will continue to be intentionally di- dent George W. Bush is treading upon why we on a bipartisan basis, if it is verted outside of legitimate distribution the rights enumerated in the Constitu- not with this President then with the channels.’’. tion that rightly belong to the first next one, we need to start clawing (b) OPPORTUNITY TO SUBMIT CORRECTIVE branch of government, Congress. some of those rights and responsibil- ACTION PLAN PRIOR TO REVOCATION OR SUS- Now, we, Republicans, believe that ities back to article I of the Constitu- PENSION.—Subsection (c) of section 304 of the the current President, President tion. Controlled Substances Act (21 U.S.C. 824) is With that, Mr. Speaker, I thank amended— Obama, is doing the same thing. (1) by striking the last two sentences in Here is a place where I think maybe again the cooperation and involvement such subsection; we can have some bipartisanship at of my friends on the other side of the (2) by striking ‘‘(c) Before’’ and inserting some point. When George W. Bush was aisle for the Defense Production Act, ‘‘(c)(1) Before’’; and President you thought he went too far. and I would ask for its passage. (3) by adding at the end the following: Many of us probably did too, but didn’t I yield back the balance of my time. ‘‘(2) An order to show cause under para- say so because of sort of party loyalty. The SPEAKER pro tempore. The graph (1) shall— Now we believe this President is going question is on the motion offered by ‘‘(A) contain a statement of the basis for the denial, revocation, or suspension, includ- too far. I would wager to guess that the gentleman from California (Mr. CAMPBELL) that the House suspend the ing specific citations to any laws or regula- some of your side believe that too but tions alleged to be violated by the applicant aren’t saying so because of party loy- rules and pass the bill, H.R. 4809, as amended. or registrant; alty. ‘‘(B) direct the applicant or registrant to The question was taken. appear before the Attorney General at a time At some point, Republicans and The SPEAKER pro tempore. In the Democrats in this institution, in this and place stated in the order, but no less opinion of the Chair, two-thirds being than thirty days after the date of receipt of body, need to protect its constitutional in the affirmative, the ayes have it. responsibilities. the order; and Mr. MASSIE. Mr. Speaker, on that I ‘‘(C) notify the applicant or registrant of Mr. PERLMUTTER. Will the gen- demand the yeas and nays. the opportunity to submit a corrective ac- tleman yield? The yeas and nays were ordered. tion plan on or before the date of appear- Mr. CAMPBELL. How much time do The SPEAKER pro tempore. Pursu- ance. I have remaining, Mr. Speaker? ant to clause 8 of rule XX, further pro- ‘‘(3) Upon review of any corrective action The SPEAKER pro tempore. The gen- ceedings on this motion will be post- plan submitted by an applicant or registrant tleman from California has 111⁄2 min- poned. pursuant to paragraph (2), the Attorney Gen- eral shall determine whether denial, revoca- utes remaining. f Mr. CAMPBELL. I am happy to yield tion or suspension proceedings should be dis- to the gentleman from Colorado. ENSURING PATIENT ACCESS AND continued, or deferred for the purposes of modification, amendment, or clarification to Mr. PERLMUTTER. Mr. Speaker, I EFFECTIVE DRUG ENFORCEMENT ACT OF 2014 such plan. thank my friend. ‘‘(4) Proceedings to deny, revoke, or sus- The gentleman from California is ab- Mr. PITTS. Mr. Speaker, I move to pend shall be conducted pursuant to this sec- solutely right that to have sustainable suspend the rules and pass the bill tion in accordance with subchapter II of

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.042 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7005 chapter 5 of title 5. Such proceedings shall be Pennsylvania, MARSHA BLACKBURN of I urge all of my colleagues to support independent of, and not in lieu of, criminal Tennessee, PETER WELCH of Vermont, this bill and vote for H.R. 4709. prosecutions or other proceedings under this and JUDY CHU of California, will facili- I reserve the balance of my time. title or any other law of the United States. ‘‘(5) The requirements of this subsection tate greater collaboration between in- HOUSE OF REPRESENTATIVES, shall not apply to the issuance of an imme- dustry stakeholders and regulators in COMMITTEE ON THE JUDICIARY, diate suspension order under subsection an effort to combat our Nation’s pre- Washington, DC, July 28, 2014. (d).’’. scription drug abuse epidemic. Hon. FRED UPTON, SEC. 3. REPORT TO CONGRESS ON EFFECTS OF Safeguarding our prescription drug Chairman, Committee on Energy and Commerce, LAW ENFORCEMENT ACTIVITIES ON supply chain is important to protect Rayburn House Office Building, Wash- PATIENT ACCESS TO MEDICATIONS. against diversion and abuse of prescrip- ington, DC. (a) IN GENERAL.—Not later than one year DEAR CHAIRMAN UPTON: On June 10, 2014, tion medicines. H.R. 4709 will clarify the Committee on Energy and Commerce or- after the date of enactment of this Act, the key terminology in the Controlled Sub- Secretary of Health and Human Services, dered reported H.R. 4709, the ‘‘Ensuring Pa- acting through the Commissioner of Food stances Act to give registrants a better tient Access and Effective Drug Enforcement and Drugs and the Director of the Centers for understanding of their responsibilities Act of 2014.’’ As you know, the Committee on Disease Control and Prevention, and in con- under the law. the Judiciary was given an additional refer- sultation with the Administrator of the Drug Further, the bill will allow DEA-reg- ral on this measure upon introduction. As a Enforcement Administration and the Direc- istered companies to submit corrective result of your having consulted with the Ju- tor of National Drug Control Policy, shall action plans to address potential viola- diciary Committee concerning provisions of submit a report to the Committees on the tions in the absence of an imminent the bill that fall within our Rule X jurisdic- Judiciary of the House of Representatives, danger, creating a more robust and tion, I agree to discharge the Committee on the Judiciary from further consideration of the Committee on Energy and Commerce of meaningful dialogue about addressing the House of Representatives, the Committee H.R. 4709. on the Judiciary of the Senate, and the Com- drug diversion. The Judiciary Committee takes this action mittee on Health, Education, Labor and Pen- That should in turn curtail unneces- with our mutual understanding that, by fore- sions of the Senate identifying— sary supply chain disruptions that ad- going consideration of H.R. 4709 at this time, (1) obstacles to legitimate patient access versely affect patient access to much- we do not waive any jurisdiction over the to controlled substances; needed medications. subject matter contained in this or similar (2) issues with diversion of controlled sub- Additionally, the legislation requires legislation, and that our committee will be stances; and that a report be submitted to Congress appropriately consulted and involved as the (3) how collaboration between Federal, by the Secretary of HHS in consulta- bill or similar legislation moves forward. State, local, and tribal law enforcement tion with the DEA and other govern- Our committee also reserves the right to agencies and the pharmaceutical industry seek appointment of an appropriate number ment and industry stakeholders about of conferees to any House-Senate conference can benefit patients and prevent diversion how collaboration between enforce- and abuse of controlled substances. involving this or similar legislation, and re- (b) CONSULTATION.—The report under sub- ment agencies and industry can benefit quests your support for any such request. section (a) shall incorporate feedback and patients and prevent diversion and Finally, I would appreciate your response recommendations from the following: abuse. to this letter confirming this understanding (1) Patient groups. Equally important, H.R. 4709 will im- with respect to H.R. 4709, and would ask that (2) Pharmacies. prove enforcement efforts regarding a copy of our exchange of letters on this (3) Drug manufacturers. the complex and challenging problem matter be included in the Congressional (4) Common or contract carriers and ware- of prescription drug diversion and Record during consideration of the legisla- housemen. tion on the House floor. abuse. It will ensure patient access to Sincerely, (5) Hospitals, physicians, and other health necessary medications by creating a care providers. BOB GOODLATTE, (6) State attorneys general. more collaborative partnership be- Chairman. (7) Federal, State, local, and tribal law en- tween drug manufacturers, whole- forcement agencies. salers, retail pharmacies, and Federal HOUSE OF REPRESENTATIVES, (8) Health insurance providers and entities enforcement and oversight agencies COMMITTEE ON ENERGY AND COMMERCE, that provide pharmacy benefit management such as DEA and the FDA. Washington, DC, July 29, 2014. services on behalf of a health insurance pro- After hearings last April in the Hon. BOB GOODLATTE, vider. Health Subcommittee of the Energy Chairman, Committee on the Judiciary, Ray- (9) Wholesale drug distributors. and Commerce Committee, which I burn House Office Building, Washington, DC. The SPEAKER pro tempore. Pursu- chair, we heard that a more feasible ant to the rule, the gentleman from DEAR CHAIRMAN GOODLATTE: Thank you for and practical solution to this serious your letter regarding H.R. 4709, the ‘‘Ensur- Pennsylvania (Mr. PITTS) and the gen- problem of drug diversion and abuse is ing Patient Access and Effective Drug En- tleman from New Jersey (Mr. PALLONE) attainable, and those provisions are in- forcement Act of 2014.’’ As you noted, the each will control 20 minutes. cluded in H.R. 4709. The legislation is Committee on the Judiciary was given an ad- The Chair recognizes the gentleman supported by the National Community ditional referral on this measure upon intro- from Pennsylvania. Pharmacists Association, the National duction, and I appreciate your willingness to GENERAL LEAVE Association of Chain Drug Stores, the discharge the Committee from further con- Mr. PITTS. Mr. Speaker, I ask unani- Healthcare Distribution Management sideration of H.R. 4709. mous consent that all Members may I agree that this action is not a waiver of Association, as well as the Alliance to any of the Committee on the Judiciary’s ju- have 5 legislative days in which to re- Prevent the Abuse of Medicines, among risdiction over the subject matter contained vise and extend their remarks and to others. in this or similar legislation, and that the include extraneous materials into the I would like to acknowledge and Committee will be appropriately consulted RECORD on the bill. thank my good friend, Congressman and involved as the bill or similar legislation The SPEAKER pro tempore. Is there TOM MARINO, for his excellent work moves forward. In addition, I understand the objection to the request of the gen- with this legislation. My friend from Committee reserves the right to seek ap- tleman from Pennsylvania? Pennsylvania is a former district attor- pointment of an appropriate number of con- There was no objection. ney and former U.S. attorney. He un- ferees to any House-Senate conference in- Mr. PITTS. Mr. Speaker, I yield my- derstands the importance of law en- volving this or similar legislation, and you will have my support for any such request. self such time as I may consume. forcement in this area. But he also un- Finally, I will include a copy of your letter Mr. Speaker, the bill before us today derstands that we will be more effec- and this response in the Congressional is important and necessary legislation tive if we proceed in a collaborative, Record during consideration of H.R. 4709 on to bring greater clarity to the require- communicative, and transparent fash- the House floor. ments for the safe and secure distribu- ion. He has done excellent work here. Sincerely, tion and dispensing of controlled sub- Mr. Speaker, by approving this legis- FRED UPTON, stances to combat the abuse of pre- lation, we will be giving our Nation’s Chairman. scription drugs. H.R. 4709, the Ensuring law enforcement additional tools while Mr. PALLONE. Mr. Speaker, at this Patient Access and Effective Drug En- protecting our patients and securing time, I yield as much time as he may forcement Act, introduced by my col- our drug supply chain in a reasonable, consume to the gentleman from leagues, Representative TOM MARINO of commonsense way. Vermont (Mr. WELCH).

VerDate Mar 15 2010 04:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.012 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7006 CONGRESSIONAL RECORD — HOUSE July 29, 2014 Mr. WELCH. Mr. Speaker, I thank I urge my colleagues to support H.R. one that is important that we take this the gentleman, and I endorse every- 4709. meaningful step. It is a good step. thing that the chairman just spoke Mr. PITTS. Mr. Speaker, I am Congressman MARINO, who has led on about. pleased to yield 3 minutes to the gen- this issue, is to be commended. We I am proud that the House is taking tlewoman from Tennessee (Mrs. BLACK- have appreciated the opportunity to up this bipartisan action today to ad- BURN), vice chairman of the Energy and work with him to address what is an dress an issue that impacts each of our Commerce Committee and another epidemic in so many of our commu- districts, and that is prescription drug leader on this issue. nities and States. abuse. Mrs. BLACKBURN. Mr. Speaker, I Mr. PALLONE. Mr. Speaker, I yield I want to thank especially Mr. want to thank the chairman for his myself such time as I may consume. MARINO, who is using his experience to work on this issue and for working Mr. Speaker, I rise in support of H.R. bring this legislation to the floor, and with Congressmen MARINO and WELCH 4709, the Ensuring Patient Access and it was great working with him, Mrs. and Congresswoman CHU as we sought Effective Drug Enforcement Act of BLACKBURN, and also with Congress- to move the issue forward. We also 2014. This bill would help prevent pre- woman CHU. thank Chairman UPTON for working scription drug abuse, establish clear Vermont is facing an opiate epi- with us as we brought the issue for- and consistent enforcement standards, demic. That is true in many States ward. and ensure patients have access to around the country. In addition to the The gentleman from Vermont men- needed medications by promoting col- alarming increases in heroin abuse, we tioned the epidemic and the widespread laboration between government agen- have had admissions in Vermont for abuse that is taking place in prescrip- cies, patients, and industry stake- prescription drug abuse that have in- tion drugs and the need to do some- holders. It will help drug distributors and oth- creased 361 percent from 2005 to 2013. thing about that. We all agree on this, ers work with the Drug Enforcement As we have seen in my State, we are and here are some stats that really Administration to keep controlled sub- most effective in dealing with this pub- back this up and show why it has be- stance prescription drugs out of the lic health crisis when everybody who come an epidemic. In 2013, more people died in the U.S. hands of drug abusers. It will also help has a stake in this works together. from prescription drug abuse than from them avoid inappropriately limiting le- That is the collaborative approach that heroin and cocaine combined. Deaths gitimate access to these same drugs by Mr. PITTS mentioned. That has got to involving prescription pills quadrupled patients who need them. Achieving be the providers, the public health offi- between 1999 and 2010. that balance is a difficult challenge. cials, law enforcement, distributors, In 2012, the number one cause of H.R. 4709 would provide definitions in pharmacists. They have all got to come death in 17 States was prescription the Controlled Substances Act for the together to tackle this problem. drug abuse. In 2008, more than 36,000 phrases ‘‘consistent with the public If we don’t have flexibility and col- people died from drug overdoses. Most health and safety’’ and ‘‘imminent dan- laboration we can do something that of these death were caused by prescrip- ger.’’ It also would require the DEA to might make enforcement tighter, but tion drugs. That 36,000 number isn’t a provide registrants an opportunity to access to legitimate prescription drugs number to be taken lightly. It is asso- submit an action plan to correct any tougher. So the goal here is to get the ciated with names and faces and serves violations of law or regulation for balance right. We want to help folks as a stark reminder to every family which DEA is considering revoking or get access to the prescription medica- member who has lost a loved one to an suspending their controlled substance. tion that they need. It alleviates suf- overdose. It would require FDA, in consulta- fering and it eliminates pain, but we More can and must be done to treat tion with DEA, to submit a report to want to make sure that the enforce- this growing epidemic. That is why we Congress 1 year after enactment on col- ment is solid so there isn’t the abuse. have all worked together on H.R. 4709, laborative efforts to benefit patients Today, distributors, like Burlington the Ensuring Patient Access and Effec- and prevent diversion and abuse of con- Drug Company in Vermont, and local tive Drug Enforcement Act of 2014. Our trolled substances. pharmacies face very unpredictable en- bill seeks to facilitate greater collabo- I want to commend Energy and Com- forcement from the DEA. DEA has a ration between industry stakeholders merce members MARSHA BLACKBURN job, but so do the drug distributors and and regulations in our Nation’s effort and PETER WELCH, as well as Rep- the doctors. That inconsistent enforce- to combat prescription drug abuse. resentatives TOM MARINO and JUDY ment—that unpredictable enforcement, There are three things that we set CHU, for their sponsorship of this bipar- I should say—can lead to disruptions in out to accomplish in this bill. Number tisan legislation. Of course, I also the supply chain, which end up lim- one is to provide clarity to the phrase thank my colleagues, Chairman UPTON, iting patient access to legitimate pre- ‘‘imminent danger to the public health Chairman PITTS, Ranking Member scription drugs. or safety’’ to ensure the law is crystal WAXMAN, and all other staff who have b 1445 clear for both the DEA and legitimate all been instrumental in bringing H.R. businesses who want to understand 4709 to the floor today. The Ensuring Patient Access and Ef- what the rules of the road are, so they I urge my colleagues to join me in fective Drug Enforcement Act will en- can do the right thing. Definitions supporting this legislation, and I yield courage collaboration between law en- matter and have real consequences. back the balance of my time. forcement, members of the supply Number two is require the Secretary Mr. PITTS. Mr. Speaker, I am chain, and public health providers and of HHS to consult with industry play- pleased to yield such time as he may officials, while ensuring that patients ers in the pharmaceutical supply chain; consume to my friend, the gentleman have the access to the treatment their key regulatory agencies; Federal, from Pennsylvania (Mr. MARINO), the doctor has prescribed. State, local, and tribal law enforce- leader on this issue. So this is, as you mentioned, Mr. ment agencies; and public health ex- Mr. MARINO. Mr. Speaker, in early PITTS, common sense. It is collabora- perts to create a report to come to 2013, a pharmacist told me about prob- tion. It is working together and having Congress within 1 year of enactment. lems he was having accessing necessary mutual respect that each entity in this Number three is establish procedures prescriptions for his customers, many process has its own job to do, but for for companies registered with the DEA of whom were older cancer patients all of us to do it together, we have got to work together to develop corrective suffering with chronic pain. to work together and communicate. action that addresses concerns and What started out as a simple con- It has been great to work with Rep- clarifies key terminology in the Con- versation with a constituent soon resentatives MARINO, BLACKBURN, and trolled Substances Act, so that every- turned into serious concerns about CHU on this bill. I thank them for their one knows and has a better under- problems in the prescription drug sup- leadership. I want to also thank Chair- standing of how to comply with the ply chain, problems that we aim to ad- man UPTON and Ranking Member WAX- law. dress here today by passing H.R. 4709, MAN for their leadership, and, of course, This bill will not solve every problem the Ensuring Patient Access and Effec- Mr. PALLONE and Mr. PITTS. that prescription drug abuse faces. It is tive Drug Enforcement Act.

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.045 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7007 Any legitimate business involved in this a more effective measure worthy help update and improve the Endan- distributing or dispensing prescriptions of consideration by this House. gered Species Act, a law that was welcomes appropriate oversight and Mr. PITTS. Mr. Speaker, I urge all of passed initially 40 years ago, but has regulation. Further, we know these my colleagues to support this bipar- not been reauthorized since 1988. businesses value a collaborative work- tisan legislation, and I yield back the H.R. 4315 melds together four com- ing relationship with agencies like the balance of my time. monsense and focused bills introduced Drug Enforcement Administration. The SPEAKER pro tempore (Mr. earlier this year by myself and my col- Manufacturers, distributors, and MCCLINTOCK). The question is on the leagues, Mrs. LUMMIS of Wyoming, Mr. pharmacies alike are on the front lines motion offered by the gentleman from NEUGEBAUER of Texas, and Mr. every day in the fight to end the pre- Pennsylvania (Mr. PITTS) that the HUIZENGA of Michigan. While respect- scription drug abuse epidemic. They House suspend the rules and pass the ing the original intent of the ESA to are making efforts to educate pre- bill, H.R. 4709, as amended. conserve species, this bill would help scribers and patients about the safe use The question was taken; and (two- make the law more effective for both and disposal of prescriptions and work- thirds being in the affirmative) the species and people. ing to implement prescription drug rules were suspended and the bill, as b 1500 monitoring programs that will reduce amended, was passed. the illegal diversion of powerful opioid A motion to reconsider was laid on Because of the more than 500 ESA-re- pain relievers. the table. lated lawsuits that have been filed against the government during this ad- Despite a strong commitment to f being part of the solution, distributors ministration alone, it has become clear and pharmacists are finding that the MESSAGE FROM THE PRESIDENT that costly litigation is not only driv- unnecessary adversarial regulatory en- A message in writing from the Presi- ing ESA priorities but that litigation vironment created by the DEA is put- dent of the United States was commu- has become an impediment to species ting effective enforcement outcomes in nicated to the House by Mr. Pate, one recovery. I should also note that, regardless of jeopardy. of his secretaries. what some groups are saying, this is As a former district attorney and f United States attorney, I have fond not a comprehensive bill. It is four sec- 21ST CENTURY ENDANGERED memories of working with DEA agents tions that aim to increase trans- SPECIES TRANSPARENCY ACT to put away drug dealers. To say that parency; to enlist greater consultation I have the highest regard for the DEA GENERAL LEAVE by States, localities, and tribes; and to and the work they do does not even Mr. HASTINGS of Washington. Mr. reduce taxpayer-financed attorneys’ begin to convey my respect for the Speaker, I ask unanimous consent that fees to help invest more funding in ac- agency and its front-line employees. all Members may have 5 legislative tual species recovery. I actually went with agents and bust- days in which to revise and extend For example, section 2 of the bill re- ed down drug houses. They were watch- their remarks and include extraneous quires data used by Federal agencies ing my back. I trusted them then, and material on the bill, H.R. 4315. that decide which species should be I trust them now. That is why I am so The SPEAKER pro tempore. Is there added to the threatened or endangered passionate about this subject and why I objection to the request of the gen- list to be publicly available and acces- think it is necessary to pass H.R. 4709 tleman from Washington? sible through the Internet. What a re- today. There was no objection. markable idea—transparency. The last This bill will bring much-needed clar- The SPEAKER pro tempore. Pursu- significant update to the ESA was ity to critical provisions of the Con- ant to House Resolution 693 and rule when the Internet was in its infancy trolled Substances Act. In doing so, we XVIII, the Chair declares the House in stages. Posting data supporting key will ensure that the DEA’s authorities the Committee of the Whole House on ESA decisions online will greatly en- are not abused and threatened by fu- the state of the Union for the consider- hance transparency and data quality. ture legal challenges; foster greater ation of the bill, H.R. 4315. The American people should be able to collaboration, communication, and The Chair appoints the gentleman access such data before Federal listing or delisting decisions are final. transparency between the DEA and from Illinois (Mr. RODNEY DAVIS) to It is troubling that hundreds of supply chain; create more opportuni- preside over the Committee of the sweeping listing decisions by the Fish ties to identify bad actors at the end of Whole. and Wildlife Service and the National the supply chain; and, most impor- b 1457 Marine Fisheries Service cite unpub- tantly, be certain that prescriptions lished studies, professional opinions, are accessible to patients in need. IN THE COMMITTEE OF THE WHOLE We are all in this together. We can- Accordingly, the House resolved and other sources that are inaccessible not enforce our way out of this epi- itself into the Committee of the Whole to the public, yet this data would be demic. Education, treatment, and en- House on the state of the Union for the used to regulate the very people who forcement are all critical to addressing consideration of the bill (H.R. 4315) to don’t have access to this information. the problem, but so is collaboration. amend the Endangered Species Act of This secrecy goes against the grain of The clarity that H.R. 4709 brings will 1973 to require publication on the good science and transparency. Data ensure that the current regulatory cul- Internet of the basis for determina- transparency is not only good for the ture evolves into one that rewards co- tions that species are endangered spe- American public, in that it makes our operation and brings more successful cies or threatened species, and for government more accountable, but it is diversion control efforts in the future. other purposes, with Mr. RODNEY DAVIS also good for species because it allows I want to thank my friend, Congress- of Illinois in the chair. for an open conversation about improv- woman BLACKBURN, for working closely The Clerk read the title of the bill. ing species science. with my team and me to develop the The CHAIR. Pursuant to the rule, the As biologist Rob Roy Ramey testified bill. I want to thank our champions on bill is considered read the first time. at a Natural Resources Committee hearing: the other side of the aisle, Dr. JUDY The gentleman from Washington (Mr. When the data are not publicly accessible, CHU and Representative PETER WELCH, HASTINGS) and the gentleman from Or- legitimate scientific inquiry and debate is ef- egon (Mr. DEFAZIO) each will control 30 for their leadership and efforts to bring fectively eliminated, and no independent us here today. minutes. third party can produce the results. This ac- We could not have achieved this The Chair recognizes the gentleman tion puts the basis of some ESA decisions without the efforts of Chairman PITTS from Washington. outside the realm of science, and species re- and Chairman UPTON and their staff on Mr. HASTINGS of Washington. Mr. covery is no better off. Withholding data the Energy and Commerce Committee. Chairman, I yield myself such time as does not further the goal of species recovery. I also must thank House Judiciary I may consume. I couldn’t agree more with that Committee Chairman GOODLATTE for Mr. Chairman, I am pleased to bring statement, especially when over 700 his forthright suggestions that made before the House legislation that would species could potentially be listed over

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.046 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7008 CONGRESSIONAL RECORD — HOUSE July 29, 2014 the next few years throughout the of time, they became extinct. I believe gered Species Act, they, in all prob- country. These potential listings are she is stuffed and on display at the ability, would all be extinct, a memory due to this administration’s Smithsonian. I think they have a spe- for our generation—gone. megalawsuit settlement with the Cen- cial exhibit on this that I would rec- As I said, it is not perfect, and I ter for Biological Diversity and ommend to people to remember the think there are changes we could WildEarth Guardians, groups, I might way things used to be. make. It is truly a deliberative process add, Mr. Chairman, that have filed We did then, 50 years later, pass the in the committee, but that wouldn’t be hundreds of lawsuits against the gov- Endangered Species Act. So this is just a small group from one side of the ernment at taxpayer expense. kind of symmetrical in that, 100 years aisle going around the country, holding One of these species could include the ago, there was the last passenger pi- so-called ‘‘hearings’’ or ‘‘listening ses- northern long-eared bat, and I have a geon, and 50 years later, we adopted a sions.’’ We could assure greater trans- map here to show. This listing could law to try and preserve species. I think parency in ways that weren’t consid- impact 39 States. As you can see, Mr. the most eloquent words I have ever ered and won’t be proposed here today. Chairman, it is nearly all of the East- heard on endangered species were from We could promote better the use of ern States. Information on data when Justice Douglas on the Mineral King best science. We could improve co- it comes to this species listing can only decision. This doesn’t do all of his deci- operation and coordination with the help and not hurt. The bill before us sion justice, but here is just one sen- States that are committed to species today fosters the release of this infor- tence: protection and recovery. However, none of the legislation be- mation. When a species is gone, it is gone forever. fore us will do that. It will do nothing Section 3 of the bill would enhance Nature’s genetic chain—billions of years in to improve species recovery. It will do State, local, and tribal involvement in the making—is broken for all time. Conserve nothing to improve the science under- ESA decisions by requiring that, before water. Conserve land. Conserve life. lying listing decisions. Instead, actu- any listing decision is made, the Fed- Then he went on to speculate about ally, contravening what the Repub- eral Government must disclose its data what might be lost with any individual licans espouse to wish, these bills will, to States affected by such actions. In species, what potential it might have instead, increase the amount of red addition, section 3 ensures that data had. Could it cure cancer? If we lose tape that is involved, create more re- from local, State, and tribal entities— these species, who knows? So Congress 50 years ago—in a very porting requirements, divert agency re- those are the entities that are closest sources from recovery efforts, and most to the ground, Mr. Chairman—be different time and in a very bipartisan way—passed the Endangered Species oddly—and, I think, perhaps, it is the factored into ESA listing decisions. oddest and most objectionable and non- Section 4 would require the adminis- Act. Today, we have before us yet another sensical part of this legislation—it will tration to track and make available deem that any data submitted by any online the costs, in time and in re- missed opportunity. I am not going to look at the Endangered Species Act Native American tribe, any city, coun- sources, to the taxpayers as a result of ty, or State, will be deemed to be the ESA-related litigation. and say it is perfect. It isn’t. I believe a 50-year-old law could use some revi- best available science. Finally, section 5 would seek to re- Now, there are 16,000 counties in sion. A lot has been learned. A lot of duce taxpayer-financed attorneys’ fees America. Let’s say a couple of them real science has changed in the in- to help ensure Federal resources are fo- come to a different conclusion. Sud- terim, in particular, the individual cused more on species protection and denly, the agency is confronted with: listing of species, and particularly recovery than on lucrative legal fees we have the best available science from when they occupy the same space. It for serial litigants. Such fees now, Mr. this county, and we have the best Chairman, are awarded as high as $600 becomes very problematic, as opposed available science from this county, and an hour. This provision in section 5 to taking more of an ecosystem-based we have the best available science from puts in place the same reasonable hour- approach. There are some who are this county. Hmm. Wow. Haven’t we ly caps on attorneys’ fees used in an- modifying the whole idea of how we created an unbelievable potential for other Federal law—the Equal Access to deal with critical habitat, but that is litigation over any decisions that are Justice Act—which deals with vet- not before us today. It wasn’t consid- made given that mandate? I think we erans, Social Security disability, and ered by the so-called ‘‘working group’’ have. Of course, that may be why they other such claims. of the committee or ‘‘special group’’ or go on later in the bill to limit attor- Mr. Chairman, H.R. 4315 starts with whatever it was. neys’ fees—because they are antici- modest, sensible updates to the ESA by They concluded that the Endangered pating that there will be a huge pro- promoting transparency, greater State, Species Act is a failure because it liferation of litigation, and they want local, and tribal involvement, and by hasn’t recovered enough species. They to mitigate the costs of the problem bringing ESA litigation fees in line did leave out a little fact that 90 per- that they are going to create with this with another Federal law. cent of the species that are listed are nonsensical ‘‘this is the best available With that, I reserve the balance of recovering at the rate specified in their science.’’ I think it is going to create a my time. Federal recovery plans. This doesn’t lot of tension, potentially, between Mr. DEFAZIO. Mr. Chairman, I yield happen instantaneously. There are States and counties—rural counties myself such time as I may consume. years of degradation of environment, and urban counties—because they are I rise today just before Congress goes years of overharvesting or of over- all vying to submit the best available on a 5-week recess for the entire month hunting. Those things don’t get science. of August and the first week of Sep- changed in a short period of time, but Here we are, yet again, taking up tember. During that time, we will cele- 90 percent are on target. They left that time on the floor, and I guess we need brate Labor Day. There are a lot of rea- out probably because it didn’t support to do that before we get to real things, sons to celebrate Labor Day, but it has their conclusion that the act just isn’t like the suing of the President of the particular context to this debate working at all. United States despite the fact that today. We have an estimate, actually, that courts have definitively decided we One hundred years ago this Labor without the Endangered Species Act can’t do that. We have political tools, Day, Martha died. passed by a more enlightened Con- and it is a controversy, but that is not Now, perhaps not everybody here gress—bipartisan—50 years ago, there before us today—that is tomorrow—so knows about or has heard about Mar- would be 227 species that would have we are trying to kill time to build up tha. Martha was the last passenger pi- gone extinct since the law’s passage. to that end just before we go off on re- geon. She died in the Cincinnati Zoo. They include gray wolves—although, cess. But I am going to raise another None of us remember passenger pi- there are some trying to turn around topic, and it is a bit sensitive. geons, but they were in numbers so that recovery effort, including some in About 12 years ago, I had massive great—billions—that they would dark- this administration—green sea turtles, fires burning in my district—the Bis- en the sky for hours or days as they humpback whales, and, of course, the cuit Fire—and the committee just hap- passed. Yet, within a very short period iconic bald eagle. Without the Endan- pened to be holding a hearing on

VerDate Mar 15 2010 04:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.050 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7009 wildfires. It devolved into the usual every day. We have, currently, nation- gets to present the facts. And so what partisan ‘‘you go to your corner, and I ally, 25 major fires: seven in Oregon— we are saying, and when we begin to go will go to mine. We need to do a forest these are all uncontained or partially down the road of listing, causing mil- supplemental. We need to do this.’’ As uncontained—six in California; four in lions of dollars’ worth of expense and, sometimes I do, I expostulated a bit in Washington, including the largest in in some cases, encumbering millions of the committee, and I went and used my the State’s history; three in Utah; two acres of private property, we need to entire 5 minutes to say how wrong I in Idaho; one in Colorado; and phe- deal with the facts. thought this was and that I thought nomenal lightning storms are pre- Now, why are we bringing this bill fires were very bipartisan in their de- dicted over the next 2 days, which up? Well, it has been pointed out that struction and that we should cut it out. means many, many, many more fires. this bill is like over 40 years old and A few Members—oddly enough, from Yet Congress is going to pass, I expect over 1,500 species have been listed, and very different perspectives—came to the House will pass, this ESA, so-called only 2 percent of those have been re- me afterwards. That would have been ESA bill today and leave town without covered. GEORGE MILLER. It is predictable that dealing with the firefighting issue. I Now, imagine going to a doctor and GEORGE would side with me, but also think it is very sad. you say: Doctor, what is your outcome we had Scott McInnis, we had John Now, some say, well, we have already ratio? He says: 2 percent of the time I Shadegg, and, ultimately, we had GREG done our job. We passed a bill, a couple have good outcomes. Or imagine buy- WALDEN involved. We sat down, and we of bills, a number of bills that could ing a product where you say this prod- hammered out something that, ulti- deal with forest health, future mitiga- uct works 2 percent of the time. So, ba- mately, didn’t pass through the House, tion, fuel reduction. That is true. But sically, the ESA, Endangered Species but our framework was adopted by the even if they became law today, they Act, does need reform, and my bill, this Senate—HFRA. Then it came back to wouldn’t deal with today’s problem bill, begins to do that. the House and was adopted. It was an that the agencies are going to run out What does it do? It just says that attempt to expedite fuel reduction and of fire. And even if they became law when the Federal Government has col- prevent the intensity of future fires. today, it would take many years to get lected data and they are making the I look at that as a model of how we there. decision, they have to make all of the should deal with fires. We do need to do I have got some pretty good esti- findings, all of the data that they used more fuel reduction work, and we do mates. We have somewhere around 75 to reach that decision available to the need to do more preparation and pre- million acres of land at high risk of States and local governments and to positioning, but we also have to fight wildfire in the West. And if we use the the stakeholders. most conservative possible estimate, the fires that are burning today. That seems fair to me. one that estimates there is a lot of The other thing it says is that the 1515 b commercial value there that reduces local stakeholders and the local State Now there is the rarest of rare things thinning cost, one that assumes that governments and the local county gov- in Washington, D.C., even rarer than there is a lot of biomass available that ernments have the right to present the rarest endangered species, which is economic, you could get it down to, their facts. would be a bill which is bipartisan. I say, $300, $500 an acre. Well, that would Now, one of the things that is impor- guess a lot of people don’t know what be $20 billion to go out and do that tant about that is that, I know a lot that means anymore. work. We are about to spend the paltry more about Lubbock, Texas, than It means it is supported by both budget for this year, $300 million for maybe somebody that lives in the Democrats and Republicans, bicameral, fuel reduction on fighting current fires. State of Oregon or the State of New by both Democrats and Republicans in So we aren’t exactly getting there. Jersey. So that local knowledge of the It is a real issue, and that is what we the House and in the Senate in sub- habitat, the conditions is an important stantial numbers, and is supported by should be dealing with here today. Mr. Chairman, I reserve the balance part of the data. the President of the United States. So when you are dealing with the Now, that is a pretty endangered of my time. Mr. HASTINGS of Washington. Mr. facts, then I think we are going to have thing. It has been around for quite a Chairman, I am very pleased to yield 3 better outcomes. And if that is the goal number of months. We have yet in the minutes to the gentleman from Texas of the Endangered Species Act, then House. And it is a bill that is designed (Mr. NEUGEBAUER), who is the author of why are we trying to suppress the both to mitigate for future fires and to one of the provisions within this bill. facts? I don’t get it. So that is the rea- more efficiently fight fires. Mr. NEUGEBAUER. Mr. Chairman, I son that this is an important part of The agencies that are tasked with rise today in strong support of H.R. that. fighting fires are about to run out of 4315, the 21st Century Endangered Spe- I notice that the gentleman men- money. It happens every year. Who cies Transparency Act. tioned that he thinks that this bill cares if they run out of money? Well, I also want to thank Chairman HAS- somehow dictates what is the best they have got to keep fighting the TINGS for all of the work that he has science. Not true. What it says, though, fires. done on this issue, and I also want to is that all of the data that they collect All right. Well, what do they do? thank him for inviting me to be a part they have to present to the other They gut all their other programs—in- of the ESA Working Group and for in- stakeholders. What it also says is that cluding the fuel reduction program, the cluding my bill, H.R. 4317, the State, the data that the stakeholders and the forest health program, the timber pro- Tribal, and Local Species Transparency county and local and State govern- gram, the recreation program—things and Recovery Act, in the final version ments present, they have to consider that are going to bring about more in- of this bill. that data. tense and more fires in the future and In the 19th District, we have been The CHAIR. The time of the gen- impact anybody who has a national facing a lot of these issues with the En- tleman has expired. forest or interior lands in their State dangered Species Act. We had the less- Mr. HASTINGS of Washington. I or their area. er prairie chicken. We had the Dunes yield the gentleman an additional 15 Now, this bill has yet to have a single Sage Lizard and some of the areas deal- seconds. hearing or any consideration, except ing with minnows. But one of the Mr. NEUGEBAUER. Now, if some- for a mention in the Ryan budget things that this bill does in the part of body has got a study about what they which said he didn’t support it. That is the bill that I introduced is something think the conditions in Lubbock, it. That is the total action by the that is very simple and straightforward Texas, are, we think the people on the House of Representatives on this issue. and very commonsense, and that is to ground in Lubbock, Texas, or in west That is very sad. That is what we say we need to make sure, before we Texas probably have better informa- should be here on the floor today con- make some of these decisions, that we tion and ought to be a part of that con- sidering. have the facts. sideration. There are, as of this moment—I just Now, that is kind of a novel idea. I encourage my colleagues to support checked it out because it is worse When we have a lawsuit, everybody H.R. 4315.

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.051 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7010 CONGRESSIONAL RECORD — HOUSE July 29, 2014 Mr. DEFAZIO. Mr. Chairman, I yield provide poachers and criminals with a a bill that may pass the House but will myself 1 minute. road map to further endanger endan- go nowhere in the Senate and certainly The gentleman made a point with gered species. will not become law. I urge its defeat. which I would agree, which is they Mr. Chairman, the net effect of this Mr. HASTINGS of Washington. Mr. should consider and give due weight to bill before us today would be to force Chairman, I am very pleased to yield 2 local submissions and people in the the Service, the Fish and Wildlife Serv- minutes to the gentleman from Michi- area. But unfortunately, and perhaps ice, to squander its limited conserva- gan (Mr. HUIZENGA), an author of an- the gentleman is unaware, this bill ele- tion resources on meritless require- other provision of this bill. vates that, and it does say all science ments to become tied up in legal chal- Mr. HUIZENGA of Michigan. Mr. submitted by States, tribes, and local lenges and to diminish its ability to Chairman, I rise in support of H.R. 4315, governments is, by definition, the best protect endangered species. and I appreciate my colleague from scientific and commercial data. Then, I guess if this body can outlaw Fed- urban northern Virginia for his insight if you refer back to the law, under eral agencies from using scientific find- on the Endangered Species Act. But basis for determinations on endangered ings related to climate change in their those of us from more rural areas actu- species and a number of other things, decisionmaking process, then it is no ally understand that the challenges the Secretary shall rely on the best sci- stretch of the imagination for this that are presented in this law as it cur- entific and commercial data. body to define what constitutes best rently stands beg for reform. Well, now, suddenly everybody who is available scientific and commercial This bill contains important reforms submitting something has the best data. to the act, and it has been authored by commercial and scientific data, and This bill states that data submitted Chairman HASTINGS, Congresswoman the Secretary is somehow supposed to by a State, tribal, or county govern- LUMMIS, Congressman NEUGEBAUER, sort out between 10 different counties, ment is automatically deemed as the and myself. Within that is a provision five States, 14 cities, and 18 Indian best available scientific and commer- that I had authored, which is common- tribes who all have different dis- cial data. The quality of the data is im- sense legislation that makes the En- agreeing best available commercial material. What matters is who is send- dangered Species Act consistent with data and science. You are creating a ing it. current law. standard which, given the existing law Let me say that again a different b 1545 which you didn’t change, is going to be way. The quality of the information impossible to meet. that State, tribal, and local govern- It reforms the ESA litigation process Mr. Chairman, I yield 4 minutes to ments submit is irrelevant under this while enhancing wildlife preservation, the gentleman from Virginia (Mr. bill. The bill says it shall be deemed improving government efficiency, and MORAN). the best available scientific and com- protecting taxpayer dollars. And I Mr. MORAN. Mr. Chairman, first of mercial data. The Fish and Wildlife know that is something that my col- all, I want to associate myself with my Service would be required to include leagues on the other side have ex- good friend from Oregon. I agree com- this data, even if it is not the best, pressed, they are concerned with wast- pletely with everything he said, and I even if it were not developed by sci- ing precious dollars that have been ap- am going to agree with our subsequent entists, even if it were developed for propriated to the EPA. speaker, Mr. MILLER, who played an es- purely commercial purposes, and even Well, for too long, litigating attor- sential role in getting the original En- if it is contrary to fact. The Service neys have taken advantage of the En- dangered Species Act passed. It has would be forced to include it and it dangered Species Act, raking in mil- been wildly successful, Mr. Chairman, will, thus, alter its decisions on list- lions of taxpayer-funded money. In preventing species extinction. ings, recovery plans, and other policies many ESA cases, lawyers’ fees climb as More than 99 percent of listed species related to the conservation of endan- high as $300, $400, or even $500 an hour, still exist today. Species recovered gered species. with hardworking American taxpayers under the Endangered Species Act are It is also unclear how the Service left to foot the bill. also off the charts. The latest analysis would resolve a situation where States, In fact, I have a 2013 quote here from found that 90 percent of listed species tribal, or county governments submit David Hayes, the Deputy Secretary of are recovering at the rate specified by conflicting data. the Interior, who was so concerned their Federal recovery plan. This is no hypothetical situation. about this waste of resources, that he Successful species delistings are also During hearings on the Endangered said this: ‘‘My major concern is timing, increasing—delistings. Five years ago Species Act, one of the witnesses, a Mr. resources needs, the fact this has been this month, the Fish and Wildlife Serv- Tom Jankovsky, Commissioner of Gar- fish-in-the-barrel litigation for folks ice finalized its rule to remove the bald field County, Colorado, was very crit- who, because there is a deadline and we eagle from the endangered species list. ical of State officials for the informa- miss these deadlines and so, we’ve been What a success story. tion they were providing the Bureau of spending a huge amount of, in my But for those who want to open up Land Management on sage grouse habi- mind, relatively unproductive time even more of our public lands to re- tat. fending off lawsuits in this arena.’’ source extraction, the law is a major The CHAIR. The time of the gen- And I couldn’t have said it better. inconvenience. So a working group, tleman has expired. But even worse, these rates can be comprised entirely of Republican Mem- Mr. DEFAZIO. I yield the gentleman awarded in cases where the Federal bers of the House of Representatives, an additional minute. Government has settled with these was established by the House leader- Mr. MORAN. Commissioner groups that may not have even pre- ship to come up with legislative pro- Jankovsky found the State maps inac- vailed in the court system. This does posals to weaken the act. Today’s bill curate, overstating the area of sage absolutely nothing to benefit the spe- is drawn directly from those rec- grouse habitat. The map he commis- cies or the people and is not produc- ommendations. sioned for Garfield County showed 70 tive. My section of the bill seeks to It would deem whatever data that percent less habitat for sage grouse. remedy this unconscionable problem. States, local governments, and Indian Whose map should the Federal Gov- Currently, the Equal Access to Jus- tribes submit to the Federal Govern- ernment accept as the best available tice Act limits the hourly rate for pre- ment as the best available science. science, the Colorado State map or vailing attorney fees to $125 per hour It would undermine the ability of Garfield County’s? This bill gives equal for veterans, small businesses, and the public citizens to contribute to the ef- weight to both. Federal benefit recipients. So it is time ficacy of the act, and it would compel Mr. Chairman, this is a bad bill, and that we apply the same cap to the ESA the Fish and Wildlife Service to put on- no amendment can make it a good bill. citizen suits as well. line all data, regardless of merit, re- It should be rejected. So in times of tight fiscal budgets gardless of whether it contains propri- Rather than addressing some of the and escalating national debt, taxpayer etary or private information, and not- compelling challenges that this Nation dollars should be prioritized for the withstanding the fact that to do so will is confronting, we are wasting time on protection and recovery of species, not

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.052 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7011 lining the pockets of highly priced law- The fact of the matter is, the Endan- species. Very often, it is people who yers. gered Species Act has been effective. It then want to use it at another level of With that, Mr. Chair, I urge my col- has worked. It saves species. It has re- government to extract from devel- leagues to vote in favor of H.R. 4315 turned species off of the list. And the opers, from land use, for the purposes and for the commonsense updates that American people truly support it in of mitigation that I think is hard to are so desperately needed. great numbers. They truly support it justify. Mr. DEFAZIO. Mr. Chair, I yield my- in great numbers because they recog- And I would just hope that, once self 1 minute. nize that this is about one generation again, this Congress would use its good Well, tomorrow I fully expect the Re- taking care of what we inherited and judgment, it would support the Amer- publicans to prevail on the floor of the passing it on to another generation. ican people, it would support the En- House to authorize litigation against People are most often pleased with the dangered Species Act, and it would, in the President of the United States for public spaces that have been preserved fact, reject this legislation. nonjusticiable controversy, all per all to protect it, to protect the various This is really bad legislation, and the previous precedents of the court. species. you can’t pretend that you care about I would note they spent $525 an hour Has every decision been exactly science and at the same time say you on attorneys to defend the indefensible right? Of course not. And that is why get to deem the best science based Defense of Marriage Act, which was ul- people go to court on both sides of the upon the party of submission. timately found unconstitutional. And I law. I have fought with agencies to get expect they will spend well over $500 an Nobody is suggesting that you limit the science that people have worked hour for a nonjusticiable political it equally. This is a question of the on, that universities have worked on, stunt suing the President. science being used and who gets a leg introduced into the discussion. I have But beyond that, during this Con- up in that argument in the courts, never suggested that they would have gress, the requests, subpoenas, et which leads to more litigation. So the to accept it as the best science. I cetera, by the committee to the De- idea is that you are trying to get away thought it would broaden the discus- partment of the Interior for purported from litigation. sion. I thought it would bring another conspiracies, which have yielded noth- But the fact of the matter is, the fact consideration to those debates. ing, cost $2.5 million. The total award of the matter is that this is an act that So this is a bill that should be re- to attorneys was $1.7 million. So if we has caused us to pause and wait and jected, and the gentleman from Oregon reined in the subpoenas a little bit, you think about what we are doing, and is quite right. I would have been so could save more money than by lim- what the impact of that is, whether much happier spending our time here iting the attorneys and people’s access that is development, whether that is on the floor today dealing with the to justice. issue of wildfires, and not just those With that, I yield such time as he forced practices, whether that is public wildfires that are burning in California may consume to the gentleman from infrastructure. Whatever it is, what is today, but by all projections, we are al- California (Mr. MILLER). the impact beyond that project? And is Mr. GEORGE MILLER of California. that adverse and is it detrimental to ready ahead of the worst wildfire sea- Mr. Chair, I thank the gentleman for these species? Is it detrimental to the sons this year already, and we expect it yielding the time, and I thank him for health of the neighborhoods, to the to get much worse with the persistence his defense of the Endangered Species health of the communities? And very of this drought. And as the chairman Act. And I thank him for how he ad- often, the Endangered Species Act has and ranking member know, in those ministers his position as the ranking resulted in better projects being de- three States, we are way out ahead member of the Resources Committee. signed, very often better projects being here on wildfires, and I wish at some This is an old argument. We have designed because of those consider- point, we would make a decision that been around here time and again. Time ations, more sustainable projects being we could deal with these in an institu- and again, people who don’t like the designed because of those consider- tional fashion so that the firefighting Endangered Species Act have tried to ations. assets would know what is available to put their thumb on one side of the But the fact of the matter is, many them. We wouldn’t scramble around. scale of justice whenever these argu- people just hate the Endangered Spe- We wouldn’t put other agencies in jeop- ments come forward. They have tried cies Act. So we come here Congress ardy by stealing money from their ac- to empower junk science and give it after Congress with these meat-ax ap- counts. But we would deal with this in the status of thoughtful, proven proaches. an adult fashion. We would set aside science to get in. I spent one of the longest negotia- money for the purposes and replenish- But now they are suggesting that the tions on a bipartisan basis trying to ar- ment of that money to fight wildfires science would be based upon the party rive at a conclusion on a section of the because the alternative cannot be not that submits it. If the right parties—if Endangered Species Act. In the elev- to try to control this wildfire and stop a local entity submits it, then it will enth hour, my Republican partner, the the damage that they do both to the be judged as the best science. Whether chairman of the committee, walked natural environment and to the private or not it is science at all won’t matter. out the door. I don’t know why that environment and the local economies It will simply be deemed that by the happened. It wasn’t communicated, but that are so severely impacted by the Congress of the United States, and the that was that. That morning, we were aftermath of those fires. Department will have to follow that. supposed to have a press conference to But we are not going to do that. We That just, obviously, takes you right announce the agreement, but it never are just going to stand up here and back to the courtroom, where they now happened. With the hours and hours take another meat-ax approach to the inspire litigation. When the citizens that were spent, I thought we had Endangered Species Act, which is going want to sue, then the citizens will have reached a good agreement between to be unsuccessful, in the time we to go back to the courtroom because those areas. could have been talking about they have deemed junk science as real But the idea of frustration builds up, wildfires, in the time we could have science. And then they will try to limit and you can just swing away at the En- prepared for the remainder of this wild- the amount that the citizens can be dangered Species Act. Yes, it is very fire season, giving notice to State compensated in terms of their lawyers. popular, and it can be very controver- agencies, to local agencies, to our Fed- And yet, as the gentleman from Or- sial. eral agencies on what they can do to egon just pointed out, they are going I am more concerned about what prepare and the assets that they can to spend millions of dollars suing the local agencies do in the name of endan- have in place for those wildfires. We President of the United States, and gered species sometimes when they ask have missed that opportunity today in they are not going to pay for any of it. for mitigation that I find is very un- the name of this continued attack on They are going to charge it to the def- fair, that I have complained about, the Endangered Species Act, which the icit. They will charge it to the deficit. that I have written the agencies about. American people have rejected over So how is this justice coming out of I think very often, it is not so much and over. And fortunately, this Con- the House of Representatives? the Federal protection of endangered gress has rejected over and over.

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.054 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7012 CONGRESSIONAL RECORD — HOUSE July 29, 2014 Mr. DEFAZIO. I would inquire of the cies Act that works, that takes advan- Mr. DEFAZIO. Mr. Chairman, I yield time remaining on both sides. tage of the American people who care 2 minutes to the gentleman from Cali- The Acting CHAIR. The gentleman about conserving habitat and saving fornia (Mr. COSTA). from Oregon has 31⁄2 minutes remain- species. Mr. COSTA. Mr. Chairman, I would ing. The gentleman from Washington Mr. Chairman, this is a common- like to thank my colleague for giving has 183⁄4 minutes remaining. sense, rational approach to recovery me time to speak on this important Mr. DEFAZIO. I reserve the balance that has the kind of transparency that legislation. The Endangered Species of my time. we were promised by this administra- Act is a fundamental environmental Mr. HASTINGS of Washington. Mr. tion. Let’s help them achieve it. law, one that was enacted because we, Chairman, I am very pleased to yield 3 Mr. DEFAZIO. I reserve the balance as a society, decided that we have a re- minutes to the gentlewoman from Wy- of my time. sponsibility to our generation and to oming (Mrs. LUMMIS), another person Mr. HASTINGS of Washington. Mr. future generations to protect species who is the author of another section of Chairman, I am very pleased to yield that are threatened with extinction, as 11⁄2 minutes to the gentleman from this bill. we did with the American bald eagle, Oklahoma (Mr. LANKFORD), a member Mrs. LUMMIS. Mr. Chairman, I our Nation’s symbol. of the working group. thank the chairman of the House Nat- Unfortunately, its implementation Mr. LANKFORD. Mr. Chairman, if I ural Resources Committee for working were to ask most Americans, why do has had a profound impact on many with us on this working draft. we have the Endangered Species Act?, human activities in many areas of the I also support the Endangered Spe- just about all of them would say, so we country, including my own district in cies Act, and I rise in enthusiastic sup- can protect endangered species and in- the San Joaquin Valley of California. port of the Endangered Species Act and crease those population numbers. But This year, people that I represent will enthusiastic support of this bill be- then you ask the question of each spe- be standing in food lines due in part to cause this bill embodies much of the cific species, what is the goal? And the way the ESA is being implemented ethos that the American people have very rarely now will you hear the goal in the San Joaquin Valley as it relates embodied during the years the Endan- being to increase population. You will to water. gered Species Act has been in effect. hear things like protection of habitat, Let me be clear, I support targeted This act was passed in 1974 with goals expansion of the species and such, but reform of the Endangered Species Act that were admirable and goals that the you are not going to hear population and the use of best science. However, people of this country have embedded numbers. the reform must strengthen the policy in their DNA to achieve. To conserve goals of the ESA. We need to be im- species, to have habitat for species so b 1545 proving its performance, not reducing we can have rich, diverse populations What effect does that have? Well, its protections. of flora and fauna. come to Oklahoma some time. In west- Unfortunately, as I have said too This bill will help those goals be- ern Oklahoma, we deal with a beautiful many times on the floor of this House, cause we will know what science is little ground chicken called the lesser this bill, unfortunately, is going no- being used to base these decisions prairie chicken. The lesser prairie where. It is going nowhere because the upon. Right now, science that is undis- chicken in the past month and a half process to develop it was not trans- closed is being used. Right now, we has been listed as a threatened species parent and was not bipartisan. It is have tribal governments, county gov- now. going nowhere because this is another ernments, and State governments, So what is the result of that? Well, example of a single-Chamber bill to through these incredibly impressive the first question we ask is: What is score political points that has no wildlife agencies, who have had this the number that we need to have to re- Democratic support. ethos embedded in them since they cover? I don’t know. We are just going If we are going to create law that were little kids, trying to administer to try to recover habitat. benefits the American people, biparti- What that means is they are now try- these laws, trying to save these spe- sanship is no longer an option. It is a ing to block in 8,000 to 9,000 acres at a cies. requirement. I will vote for this bill in time of grassland and say no one can We want their knowledge shared with spite of the flawed process on how it the U.S. Fish and Wildlife Service. We do development on these 8,000 to 9,000- acre blocks of land—that is no build- was developed and my serious reserva- want to know what science is being ing, that is no construction, that is no tions regarding the definition of best used to make these decisions so it can energy, and that is no wind power, science. be vetted by third parties, so people blocking it off and leaving it natural, I will vote for it because it is past who have specialized scientific knowl- up to 70 percent of that area. Suddenly, time to roll up our sleeves and get to edge about a habitat area or a sub- private lands have suddenly become work on crafting serious proposals to species can share that knowledge with the ownership of public lands. reform the Endangered Species Act agencies so that we are not making de- The simple question is: How many that ensures greater transparency, pro- cisions with litigants behind closed lesser prairie chickens do we need to vides for more stakeholder input into doors with no public input by the peo- have before these restrictions go away? the process, ensures that best science ple whose dream is to have an Endan- We don’t know. is used regarding species management, gered Species Act that works, that The latest survey that just came out and creates a better balance between works for the people on the land, the showed a 20 percent increase from last species protection and human impacts. people who love these species, who love year to this year. Is that enough? No. Mr. Chairman, I will vote for this bill the habitat, who care for it every day, Fish and Wildlife Service is not re- because, for me, hope springs eternal the people who want the Endangered quired to take in that specific study. If that we can come together and become Species Act administered in a way that it came from a State and from the peo- legislators that work together between is transparent and fair and will recover ple that lived there and know it best, the House and the Senate in a bipar- species. shouldn’t we take that advice? tisan fashion. I am of the opinion that an act that For some strange reason—I am not Mr. HASTINGS of Washington. Mr. has less than a 2 percent recovery rate opposed to scientists from New York— Chairman, I am very pleased to yield 2 or a delisting rate is not a success. I but if scientists from New York can minutes to the gentleman from Cali- think we can have better models to pop in on Oklahoma and can say, I am fornia (Mr. MCCLINTOCK), a member of succeed to delist species or, better yet, going to give you the best science, and the Natural Resources Committee. not list species in the first place. when we ask for the data behind it, Mr. MCCLINTOCK. Mr. Chairman, I These small steps that are embedded they can say, no, it is secret and pro- thank the gentleman for yielding. in this bill—transparency of science, prietary, and we can’t do a thing about Mr. Chairman, the Endangered Spe- involving tribal, State, and local gov- it, that doesn’t make common sense. cies Act serves a great cause, to pre- ernments and their base of knowledge Mr. Chairman, this bill fixes that. I vent the extinction of any species be- about what they see on the ground, is encourage the House to pass it and sup- cause of human activity, but as Eric critical to having an Endangered Spe- port commonsense legislation. Hoffer warned:

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.055 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7013 Every great cause begins as a movement, In my district, the northern long- Mr. LAMALFA. Mr. Chairman, this becomes a business, and eventually degen- eared bat is currently a candidate for bill brings a portion of the Endangered erates into a racket. listing. As this decision is being consid- Species Act back in to the 21st century Unfortunately, in the last 4 years, ered, local and State officials, as well and much-needed transparency. the ESA has become the basis for an as businesses in northern Michigan, Under this bill, the public will have explosion of lawsuits seeking to force must be able to know how the decision access to data used to determine which hundreds of new species listings. Many will be made and what information is species are listed as endangered. Back- of these suits are funded at taxpayers’ being used to make it. room decisions made by regulators at expense, which in turn require Federal, I believe that local residents and offi- the behest of nongovernment organiza- State, and local agencies to spend even cials know what is better for northern tions with secret data is the sort of more taxpayer money to respond. Michigan than bureaucrats or high- policymaking you might find in the In northern California last month, paid attorneys in Washington. That is Soviet Union or communist China, not this kind of litigation resulted in desig- why I am here today to support com- in the United States. nating 2 million acres of the Sierra as monsense reforms to the Endangered Astoundingly, you will hear argu- critical habitat for three amphibians, Species Act. The bill goes a long way ments that this data should remain se- despite overwhelming evidence that towards improving the Endangered cret. This is the data used to decide human activity is not to blame. The Species Act by requiring good govern- whether Americans can build a home cause of the decline is nonnative preda- ment through transparency and cap- on their own property, farm their own tors and a virus affecting all amphibian ping attorneys’ fees. land, or simply going hiking in their species in the region. If you truly support the environ- national forest. The Natural Resources Committee ment, then you realize funds should be The bill includes also much county has heard hours of testimony of how spent on conservation and recovery, data used in ESA decisions, which is these decisions are based on highly not $500-an-hour attorneys. key. It is important that all economic questionable data from advocacy Mr. Chairman, I believe this legisla- information is available so locals get a groups that include major mathe- tion is a win-win for the taxpayer and fair shake. Had this bill been in place, matical errors, rank speculation, and for conservation of truly endangered my district would have had more input selective suppression of data in order species, and I urge my colleagues to in an ESA listing that will hurt the to arrive at predetermined conclusions. support this bill. economy across the Sierra Nevadas. This measure before us begins to ad- Mr. DEFAZIO. Mr. Chairman, I would This measure also tracks and caps at- dress these abuses. It requires that sup- reserve the balance of my time, since I torney fees paid in ESA lawsuits. Of porting data be readily available to the only have 1 minute remaining, until the 75 Federal agencies surveyed, just general public, thus assuring greater that side has no further speakers. 10 even tracked their payouts to law- scrutiny, and it requires that the gov- Mr. HASTINGS of Washington. Mr. suit factories like the NRDC and the ernment use the best available science Chairman, I am very pleased to yield 1 Center for Biological Diversity. and data from all sources. minute to the gentleman from Arizona Mr. Chairman, I happen to think It addresses the litigation crisis by (Mr. GOSAR), another member of the Americans deserve to know how their requiring that legal costs be tracked Natural Resources Committee. government makes their decisions. and publicly reported, and it conforms Mr. GOSAR. Mr. Chairman, I rise Let’s pass H.R. 4315 to bring trans- those costs to the Equal Access to Jus- today to speak in strong support of parency and fairness back to the ESA tice Act that prevents extravagant H.R. 4315, a commonsense package process. claims for legal fees. comprised of four bills that seek to up- Mr. HASTINGS of Washington. Mr. Louis Brandeis said that sunlight is date and improve the Endangered Spe- Chairman, I am very pleased to yield 2 the best of disinfectants. This bill cies Act. minutes to the gentleman from New places the data for implementing the These bills make commonsense Mexico (Mr. PEARCE), a former member ESA back into the sunlight where it changes that increase transparency, of the House Natural Resources Com- can be fully scrutinized, and it places a save taxpayer money, ensure local in- mittee. modicum of restraint on the legal fees volvement in species conservation and Mr. PEARCE. I thank the gentleman sought by out-of-control litigants. the designation process, limit the hour- for yielding and appreciate his leader- Mr. DEFAZIO. Mr. Chairman, I re- ly rate attorneys can charge the tax- ship on this issue. serve the balance of my time. payers for Endangered Species Act law- Mr. Chairman, I rise in support of Mr. HASTINGS of Washington. Mr. suits, and require the Federal Govern- H.R. 4315. New Mexico used to have 123 Chairman, I am very pleased to yield 2 ment to make available to Congress mills that processed timber. Today, minutes to the gentleman from Michi- and the public any data it uses to de- that number is zero because of an en- gan (Mr. BENISHEK), another member of termine which species to list as endan- dangered species called the spotted the Natural Resources Committee. gered. All of these are common sense. owl. Mr. BENISHEK. Mr. Chairman, I rise Mr. Chairman, for far too long, the Now, 20 years after declaring the today in support of H.R. 4315, the En- Federal Government has been making spotted owl to be endangered because dangered Species Transparency Act. listing decisions based on secret and of logging, last year, the U.S. Fish and Mr. Chairman, as a doctor and life- pseudoscience, including studies that Wildlife Service came out and said: long resident of northern Michigan, I do not allow for peer review of the un- oops, we made a mistake, it is not the have been supportive of conservation derlying data. logging at all. my entire life. Like many on the floor Even more troubling is the fact that We killed 123 mills in New Mexico. today, I understand there is more work attorneys have been making millions Eighty-five percent of the Nation’s to be done in the arena of conservation of dollars based on frivolous lawsuits timber industry is gone because of a and recovery of species. However, the associated with the Endangered Spe- mistake. That sounds like the junk Endangered Species Act, as written, cies Act, and the Federal Government science that our opponents are arguing isn’t working. doesn’t even know how much money that we should be avoiding. When the Endangered Species Act, or has been paid out. Mr. Chairman, last year, a lizard was the ESA, was signed into law 40 years It is time to update the Endangered going to be named as threatened or en- ago, it was meant to save species, not Species Act that involves America, is dangered in my district, and an ad hoc lawyers. Today, more money is being accountable to America, and is a win- committee of scientists came together. spent on frivolous lawsuits than recov- win for everybody concerned. They looked at the science that the ering or conserving species that actu- Mr. HASTINGS of Washington. Mr. Fish and Wildlife Service was going to ally need saving. These lawsuits result Chairman, I am pleased to yield 1 use to list, they proved all of it to be in listings or proposed listings for very minute to the gentleman from Cali- false, and the listing did not occur—but questionable species. As a result, the fornia (Mr. LAMALFA), another member only because of peer review. taxpayers, the environment, and the of the House Natural Resources Com- That is what this bill is trying to do, economy all lose. mittee. to establish a process where others can

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.056 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7014 CONGRESSIONAL RECORD — HOUSE July 29, 2014 get to see what is going on inside those all of a sudden think—and it is just a Let me quickly list an example in my hidden dark doors of the Fish and Wild- matter of putting some controls or lim- district. We have the Utah prairie dog, life Service. iting it—that you are antispecies, you a species that was listed under the ESA This year in New Mexico, the lesser are terrible on the environment. Really in 1973. U.S. Fish and Wildlife says prairie chicken was listed as threat- what we are talking about here is just there needs to be at least 1,500 prairie ened which, again, put people out of basically like all of the things in life dogs before they can be considered for jobs. Ben Tuggle, the Fish and Wildlife that are updated from time to time, delisting as recovered, but the Federal Service director in New Mexico said this is something that needs to be up- Government only counts those dogs they felt pressured by the lawsuits— dated. I have been pleased to work in living on Federal lands, about 442 of not by the science, but by the lawsuits. this working group, together with the them. In 2013, there were almost 5,000 This is what it looks like dealing with chairman and others, to bring about of these prairie dogs living on private the Endangered Species Act in the some sensible reforms. land that went uncovered. West today. The reason we do this, farmers, Earlier this year, I introduced H.R. It kills jobs, takes away the future, ranchers, folks back home, my Farm 4256, the Endangered Species Improve- and takes away tax base—all for junk Bureau, have been hit by lawsuits. And ment Recovery Act, something which science that is currently being used by I appreciate what the gentleman just would help in this effort as well. H.R. the department. This bill simply says said. It is lawsuits, not science, that 4315 is a commonsense approach, and I let’s get some transparency and let’s seems to be pressuring some of this urge my colleagues to support it. get peer review. I urge the Members to along. In fact, in 2011, the WildEarth Mr. HASTINGS of Washington. Mr. vote for this bill. Guardians and Center for Biological Di- Chairman, I am very pleased to yield 1 Mr. HASTINGS of Washington. Mr. versity entered into an agreement with minute to the gentleman from Cali- Chairman, I am very pleased to yield 1 Fish and Wildlife that added 1,000 spe- fornia (Mr. VALADAO), a very active minute to the gentleman from Arkan- cies. Now, the only problem with that Member on this issue. Mr. VALADAO. Mr. Chairman, this sas (Mr. CRAWFORD), in whose district is that no one in the ag community and we had a field hearing on the impact of others who were affected were allowed bill brings a lot of common sense to Washington. In my district currently the Endangered Species Act. to participate. Now, I have another bill today, they have basically shut down Mr. CRAWFORD. I thank the chair- called Sue and Settle that would have agriculture because of this tiny fish man. I am glad to be here today in sup- taken care of that when we passed it there. We have seen food products com- port of H.R. 4315 and to emphasize the out of this House. ing in from other countries, and we see point that this is not just a Western It was said earlier that, when you take the ESA, you don’t take a meat people standing in a food line. thing. We certainly hear a lot about What has caused all of this? Under cleaver approach. Well, I think the Oregon’s northern spotted owl, about the Endangered Species Act, a species problem is not a meat cleaver approach California’s delta smelt, and we have was added to the Endangered Species heard about—the lesser prairie chicken here. It is the fact that many don’t Act list. has been cited, but I doubt many of you want to take an approach at all. They And do we know if that listing actu- have heard about the rabbitsfoot mus- want to just leave it alone. They don’t ally helped that fish, if turning off the sel. even want to take up having reason- pump has actually helped save that I have a map here that indicates the able caps on attorneys’ fees. Instead of fish? We know it has put people out of range of the rabbitsfoot mussel, and I putting money into lawyers’ pockets at work. We know it has changed where can assure you the folks in Arkansas, a cap of just $125 an hour, they would we are getting our food from. And for Mississippi, Oklahoma, Louisiana, and rather go on—which, by the way, in all we know, it hasn’t even saved that Missouri have become very well famil- that same 2011 case, the attorneys’ fees little fish. That is something that iar with the rabbitsfoot mussel. went over $300,000 in this situation. needs to be looked at. What this bill You see, the problem here is not b 1600 does, it brings some transparency to wanting to deal with ESA. The problem What the critical habitat designation this. is wanting to continue an ideological When we pass these rules and regula- proposal could do, and certainly in bent that says leave it alone even at tions on these industries that affect States like Arkansas where 70 percent the expense of jobs, even at the expense these people at home and put them in of Arkansas’ rivers and streams would of saying that maybe we messed up, the food line, are we actually basing it be impacted, it would have a direct and even at the expense of saying maybe we on real science? Are we basing it on the costly impact on farmers and ranchers can find a different point of view, fact that we are actually going to save and municipalities who rely on those maybe we can have valid science, or this species? waterways for drinking water, private maybe just addressing it. This is a tragedy. What we see going landowners and local governments who For those of us in northeast Georgia, on in my hometown right now, in my are trying to build and improve roads we want good, clean water, clean air, district is a tragedy. We have an oppor- and bridges, and small and large busi- and protection of our wildlife. But also, tunity to actually make a difference nesses across the State of Arkansas we understand that taxpayer dollars today with some common sense. Make that use water in manufacturing the spent on this needs to happen. We need sure that we know that the science is products that help keep Americans em- to do this reform. honest and transparent before we pass ployed. By the way, Mr. Chairman, I still these laws. The 21st Century Endangered Species have no takers on my bat. Mr. HASTINGS of Washington. Mr. Transparency Act will go a long way to Mr. HASTINGS of Washington. Mr. Chairman, I advise the gentleman from bringing some common sense and san- Chairman, I am pleased to yield 1 Oregon that I am prepared to close, so ity back to the protection of vulner- minute to the gentleman from Utah if he wants to use his time, then I will able species, and that is what we (Mr. STEWART), a former member of the close. should be about. Natural Resources Committee. I reserve the balance of my time. Mr. HASTINGS of Washington. Mr. Mr. STEWART. Mr. Chairman, H.R. Mr. DEFAZIO. Mr. Chairman, I yield Chairman, I am pleased to yield 2 min- 4315 is simply a no-brainer. Its primary myself the balance of my time. utes to the gentleman from Georgia purpose is to require that ESA be I will close where I ended my opening (Mr. COLLINS) who is also experiencing available to the public. This is nothing remarks, 25 major fires burning in the the effects of this act. but a commonsense reform in the ap- West: seven in Oregon, six in Cali- Mr. COLLINS of Georgia. Mr. Chair- plication of a law that is subject to ex- fornia, four in Washington, two in man, I do appreciate the chairman of tensive bureaucratic manipulation. Utah, two in Idaho, and one in Colo- the Natural Resources Committee Some opponents wrongly assume that rado. And by this time next week, yielding me this time. the American people don’t need to see probably twice as many, but next week You know, it is amazing when you this data, but how can anyone argue Congress will be out of session. even mention dealing with reforming against transparency in our Federal The agencies will run out of money. the Endangered Species Act how people Government? They can’t stop fighting the fires. So

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.057 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7015 what they will do is they will pull back I yield back the balance of my time. First, the bill requires the Federal Govern- money that would prevent future in- Mr. HOLT. Mr. Chair on December 28, 1973 ment to publish on the internet and make pub- tense wildfires from prevention pro- the Endangered Species Act was signed into licly available the data that was used to make grams. They will pull back money from law, meaning we are currently commemorating the determination that a species should be recreation programs. They will pull the 40th anniversary of one of our nation’s considered for listing under the ESA. back money from a host of things that strongest and most successful environmental Secondly, the legislaion would require the Americans care about and want to have laws: the Endangered Species Act. Federal Government to include and consider funded just to fight these fires. It is an Passed with overwhelming bipartisan sup- data provided by state, local and tribal govern- endless cycle. We need to deal with it. port and signed by President Richard Nixon, ments. The purpose of this is to ensure that We could have dealt with it here the Act was the first comprehensive law to ad- the best ‘‘on the ground’’ input is taken into today instead of spending multiple dress the global extinction crisis. account when making such listing. hours on a bill which is going nowhere, The Endangered Species Act took a zero- Finally, H.R. 4315 would limit attorneys’ fees which is poorly drafted to the point tolerance approach to achieving its goals: no when individuals or organizations sue the gov- where anybody, any city, county, tribe, new extinctions, no exceptions. ernment under the ESA and prevail. State who writes on the back of a nap- As a result, 99 percent of listed species In my home state of Pennsylvania, we are kin can submit that to the agency and have been saved from extinction and are on currently seeing firsthand why these changes it must be considered the best avail- the path to recovery. need to be legislated. The U.S. Fish & Wildlife able science and commercial data. And Some iconic American species, such as the Service recently proposed the Northern Long- under the law, the Secretary has to use bald eagle, the American alligator, and the Pa- Eared bat for listing under ESA—despite sig- that to make a decision. cific gray whale, have recovered from the nificant scientific debate over its population How the heck is that going to work? brink of extinction and are now thriving in their levels. You are saying you are worried about natural habitats. While the species is unquestionably being attorney’s fees; you are creating a uni- Beyond the preservation of individual spe- impacted by White Nose Syndrome, consider- verse for new litigation with this mis- cies, the Endangered Species Act helps to ably more research still is needed before guided approach. keep the strong interdependent web of life. sweeping federal regulations go into effect. So I wish we would return to a bipar- Today, conservation efforts under the En- This species has an enormous geographical tisan addressing of the forest fire issue dangered Species Act are a model for pre- footprint and is found in 38 states. Listing this because I know there is bipartisan con- serving biodiversity around the world. bat species would have an enormous impact, cern on it. There is a bill pending in Unfortunately, here in the House today we including harming a large number of economic the House—54 Republicans, 54 Demo- are proceeding with reforms that would un- sectors that pose no threat to this population. crats. We should take that bill up doubtedly weaken provisions of the Act with During the open public comment period, the today, tomorrow, or Thursday before the belief that doing so will somehow yield Fish & we leave town and fund our firefighting greater benefits for the species it was de- Wildlife Service received a significant num- efforts. signed to protect. ber of public comments discussing this lack of I yield back the balance of my time. As a member of the House Natural Re- adequate data, and since then, the Service Mr. HASTINGS of Washington. Mr. sources Committee, I’ve been committed to has acknowledged that the economic activities Chairman, I yield myself the balance of protecting our nation’s strongest and most most affected by the proposed listing have my time. successful environmental laws. had little impact on population numbers or the Mr. Chairman, let me make a couple Let us reject the bill before us and in doing decline of the species. of points on issues that have been so commerate the 40th Anniversary of the En- As a result, the agency has now decided to raised. First of all, H.R. 4315 is not a dangered Species Act. extend the comment period to further review comprehensive reform to the Endan- Ms. LEE of California. Mr. Chair, I rise to these disparities. gered Species Act. It is very targeted. today in strong opposition to H.R. 4315—the H.R. 4315 is a package of commonsense I might mention that several Mem- ‘‘21st Century Endangered Species Trans- reforms that will improve local control and in- bers on the other side talked about spe- parency Act.’’ crease government transparency and account- cies going extinct. I just want to say, Mr. Chair, there is nothing reasonable about ability. Mr. Chairman, that during testimony this bill. I strongly urge my colleagues to support this in the House Natural Resources Com- This bill is an assault on citizen enforcement legislation. mittee, nobody testified that they are and the rule of law. The Acting CHAIR (Mr. POE of in favor of species going extinct. If enacted, the bill would place an unreason- Texas). All time for general debate has Several Members said this bill weak- able cap on the recovery of attorneys’ fees in expired. ens the Endangered Species Act. Mr. suits brought under the Endangered Species Pursuant to the rule, the bill shall be Chairman, how does transparency Act (ESA). considered for amendment under the 5- weaken a bill? I do not see how that By limiting fee recoveries, this bill would minute rule. works. make it difficult for many citizens to obtain ef- In lieu of the amendment in the na- Finally, there seems to be a lot of fective legal representation—and undermine ture of a substitute recommended by discussion about allowing local entities the enforcement of the law. the Committee on Natural Resources, and tribes to use their data in the list- The Endangered Species Act is one of our printed in the bill, it shall be in order ing of species. Several Members on the country’s most important tools for protecting to consider as an original bill for the other side said the act deems that endangered fish and wildlife populations. purpose of amendment under the 5- should happen. It does not at all. In The fact of the matter is, the bill before us, minute rule an amendment in the na- fact, let me read it. It says: would increase the likelihood of future ture of a substitute consisting of the The best scientific and commercial data extinctions. text of Rules Committee Print 113–55. available includes all such data submitted by Mr. Chair, we are here to protect not only That amendment in the nature of a State, tribal, or county government. our wildlife, but also the very foundation of our substitute shall be considered as read. Now, we will have more debate on justice system—equal access to adequate rep- The text of the amendment in the na- this because there are two amendments resentation. ture of a substitute is as follows: that address this section, but I just I urge a no vote. H.R. 4315 wanted to mention that this is a tar- Mr. THOMPSON of Pennsylvania. Mr. Be it enacted by the Senate and House of Rep- geted look at the Endangered Species Chair, I rise today in support of this legislation. resentatives of the United States of America in Act. It is not a comprehensive reform, H.R. 4315 is an important first step in re- Congress assembled, but it certainly will, I think, get more forming the Endangered Species Act, and un- SECTION 1. SHORT TITLE. people involved, especially because of dertaking long overdue. This Act may be cited as the ‘‘Endangered Species Transparency and Reasonableness Act’’. this megasettlement, the impact that This legislation is about three things: in- SEC. 2. REQUIREMENT TO PUBLISH ON THE this will have on the rest of the coun- creasing government ransparency, requiring INTERNET THE BASIS FOR LISTINGS. try. better state and local data and input, and lim- Section 4(b) of the Endangered Species Act (16 Mr. Chairman, I urge adoption of iting excessive payments for lawyers who sue U.S.C. 1533(b)) is amended by adding at the end H.R. 4315. the Federal government under ESA. the following:

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\K29JY7.058 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7016 CONGRESSIONAL RECORD — HOUSE July 29, 2014 ‘‘(9) The Secretary shall make publicly avail- covered suits, including any consent decrees or actment of this paragraph, the Secretary able on the Internet the best scientific and com- settlement agreements (regardless of whether a shall execute an agreement with the Sec- mercial data available that are the basis for decree or settlement agreement is sealed or oth- retary of Defense that prevents the disclo- each regulation, including each proposed regu- erwise subject to nondisclosure provisions), in- sure of classified information pertaining to lation, promulgated under subsection (a)(1), ex- cluding the bases for such awards. Department of Defense personnel, facilities, cept that, at the request of a Governor or legis- ‘‘(c) REQUIREMENT TO PROVIDE INFORMA- lands, or waters.’’. lature of a State, the Secretary shall not make TION.—The head of each covered agency shall The Acting CHAIR. Pursuant to available under this paragraph information re- provide to the Secretary in a timely manner all House Resolution 693, the gentleman garding which the State has determined public information requested by the Secretary to com- disclosure is prohibited by a law of that State ply with the requirements of this section. from Washington (Mr. HASTINGS) and a relating to the protection of personal informa- ‘‘(d) LIMITATION ON DISCLOSURE.—Notwith- Member opposed each will control 5 tion.’’. standing any other provision of this section, this minutes. SEC. 3. DECISIONAL TRANSPARENCY AND USE OF section shall not affect any restriction in a con- The Chair recognizes the gentleman STATE, TRIBAL, AND LOCAL INFOR- sent decree or settlement agreement on the dis- from Washington. MATION. closure of information that is not described in Mr. HASTINGS of Washington. Mr. (a) REQUIRING DECISIONAL TRANSPARENCY subsection (b). Chairman, I yield myself such time as WITH AFFECTED STATES.—Section 6(a) of the ‘‘(e) DEFINITIONS.— I may consume. Endangered Species Act of 1973 (16 U.S.C. ‘‘(1) COVERED AGENCY.—The term ‘covered 1535(a)) is amended— agency’ means any agency of the Department of Mr. Chairman, I offer this manager’s (1) by inserting ‘‘(1)’’ before the first sentence; the Interior, the Forest Service, the National amendment which would clarify two and Marine Fisheries Service, the Bonneville Power important items relating to section 2 (2) by striking ‘‘Such cooperation shall in- Administration, the Western Area Power Admin- and public disclosure of the Federal clude’’ and inserting the following: istration, the Southwestern Power Administra- Government’s ESA data. ‘‘(2) Such cooperation shall include— tion, or the Southeastern Power Administration. ‘‘(A) before making a determination under First, the amendment would provide ‘‘(2) COVERED SUIT.—The term ‘covered suit’ an important but technical clarifica- section 4(a), providing to States affected by such means any civil action containing a claim determination all data that is the basis of the against the Federal Government, in which the tion that the intent of the bill is for determination; and claim arises under this Act and is based on the any Federal public disclosure of ESA ‘‘(B)’’. action of a covered agency.’’. data on the Internet under the bill to (b) ENSURING USE OF STATE, TRIBAL, AND (b) CLERICAL AMENDMENT.—The table of con- be completely consistent with data pri- LOCAL INFORMATION.— tents in the first section of such Act is amended vacy laws of States, including those (1) IN GENERAL.—Section 3 of the Endangered by striking the item relating to such section and that protect personal identifiable in- Species Act of 1973 (16 U.S.C. 1532) is amended— inserting the following: (A) by redesignating paragraphs (2) through formation from disclosure. (21) as paragraphs (3) through (22), respectively; ‘‘Sec. 13. Disclosure of expenditures.’’. A significant amount of the ‘‘best and (c) PRIOR AMENDMENTS NOT AFFECTED.—This available scientific and commercial (B) by inserting after paragraph (1) the fol- section shall not be construed to affect the data’’ currently used by the U.S. Fish lowing: amendments made by section 13 of such Act, as and Wildlife Service and the National ‘‘(2) The term ‘best scientific and commercial in effect before the enactment of this Act. Marine Fisheries Service for ESA list- data available’ includes all such data submitted SEC. 5. AWARD OF LITIGATION COSTS TO PRE- by a State, tribal, or county government.’’. VAILING PARTIES IN ACCORDANCE ing decisions is derived from States (2) CONFORMING AMENDMENT.—Section 7(n) of WITH EXISTING LAW. which have diverse laws protecting the such Act (16 U.S.C. 1536(n)) is amended by strik- Section 11(g)(4) of the Endangered Species Act privacy of their citizens and sensitive ing ‘‘section 3(13)’’ and inserting ‘‘section of 1973 (16 U.S.C. 1540(g)(4)) is amended by species data. 3(14)’’. striking ‘‘to any’’ and all that follows through While some make completely base- SEC. 4. DISCLOSURE OF EXPENDITURES UNDER the end of the sentence and inserting ‘‘to any less suggestions that more data disclo- ENDANGERED SPECIES ACT OF 1973. prevailing party in accordance with section 2412 sure on the Internet could lead to (a) REQUIREMENT TO DISCLOSE.—Section 13 of of title 28, United States Code.’’. poaching of species, this amendment the Endangered Species Act of 1973 (87 Stat. 902; The Acting CHAIR. No amendment would allow States an added layer of relating to conforming amendments which have to the amendment in the nature of a executed) is amended to read as follows: confidence that the information they substitute shall be in order except choose to share with the Federal Gov- ‘‘SEC. 13. DISCLOSURE OF EXPENDITURES. those printed in House Report 113–563. ‘‘(a) REQUIREMENT.—The Secretary of the In- ernment does not compromise their terior, in consultation with the Secretary of Each such amendment shall be consid- own data privacy laws. Commerce, shall— ered only in the order printed in the re- Second, the amendment clarifies that ‘‘(1) not later than 90 days after the end of port, may be offered only by a Member the bill would not require disclosure of each fiscal year, submit to the Committee on designated in the report, shall be con- classified Department of Defense infor- Natural Resources of the House of Representa- sidered read, shall be debatable for the mation related to lands, personnel, in- tives and the Committee on Energy and Natural time specified in the report equally di- Resources of the Senate an annual report detail- stallations, or waters within their ju- vided and controlled by the proponent risdiction. ing Federal Government expenditures for cov- and an opponent, shall not be subject ered suits during the preceding fiscal year (in- The Endangered Species Act has a cluding the information described in subsection to amendment, and shall not be subject significant impact on U.S. military ac- (b)); and to a demand for division of the ques- tivities. According to the Fish and ‘‘(2) make publicly available through the tion. Wildlife Service Web site, more than Internet a searchable database of the informa- AMENDMENT NO. 1 OFFERED BY MR. HASTINGS 300 ESA-listed species are located on tion described in subsection (b). OF WASHINGTON the more than 25 million acres spread ‘‘(b) INCLUDED INFORMATION.—The report The Acting CHAIR. It is now in order shall include— across hundreds of Department of De- ‘‘(1) the case name and number of each cov- to consider amendment No. 1 printed in fense installations across the Nation. ered suit, and a hyperlink to the record or deci- House Report 113–563. While greater data transparency re- sion for each covered suit (if available); Mr. HASTINGS of Washington. Mr. lated to U.S. Fish and Wildlife Service ‘‘(2) a description of the claims in each cov- Chairman, I have an amendment made or National Marine Fisheries Service ered suit; in order under the rule. listing decisions is important, branches ‘‘(3) the name of each covered agency whose The Acting CHAIR. The Clerk will of the American military should not actions gave rise to a claim in a covered suit; designate the amendment. ‘‘(4) funds expended by each covered agency have to disclose information that (disaggregated by agency account) to receive The text of the amendment is as fol- would in any way compromise national and respond to notices referred to in section lows: security. 11(g)(2) or to prepare for litigation of, litigate, Page 1, line 13, insert ‘‘, State agency,’’ So my amendment would make clear negotiate a settlement agreement or consent de- after ‘‘Governor’’. that the Fish and Wildlife Service’s or cree in, or provide material, technical, or other Page 1, strike line 16 and all that follows the National Marine Fisheries Serv- assistance in relation to, a covered suit; through the first period on line 17 and insert ice’s disclosure of best available sci- ‘‘(5) the number of full-time equivalent em- ‘‘determined public disclosure is prohibited ployees that participated in the activities de- by a law or regulation of that State, includ- entific and commercial data on the scribed in paragraph (4); and ing any law or regulation requiring the pro- Internet can be accomplished while ‘‘(6) attorneys fees and other expenses tection of personal information; and except safeguarding classified or sensitive De- (disaggregated by agency account) awarded in that within 30 days after the date of the en- fense Department information.

VerDate Mar 15 2010 04:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.015 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7017 I reserve the balance of my time. number of Democrats on this side, we should be for a full recovery, threat- Mr. DEFAZIO. Mr. Chairman, I claim don’t think the Endangered Species ening again a future, more comprehen- the time in opposition, although I do Act is perfect and we could work on a sive, listing—again, a bit shortsighted not oppose the amendment. bipartisan basis on modernization-type if you support that, but you may. The Acting CHAIR. Without objec- reforms to bring it into the 21st cen- But just think if you let this stand. If tion, the gentleman from Oregon is rec- tury, compliant with current science. you let these people these Federal bu- ognized for 5 minutes. However, that is not before us today. reaucrats, these hacks, get away with There was no objection. But I am hopeful that this amendment, this. They cooked something up. I Mr. DEFAZIO. This is similar to an because of a very unsettling precedent mean, really? You can’t even get the amendment offered by the chairman in by the Obama administration, will get sheep journal to publish this because committee which carved out an exemp- bipartisan support. they really hate the wolves, or the tion for private individuals. This would Now, the Republicans may, in this cattleman’s journal, they really hate carve out another amendment for the case, agree with the objectives of an the wolves. No, they wouldn’t publish Department of Defense. agency of government which has gone it. They had to come up with a phony Unfortunately, crafting legislation so rogue in this case, which is Fish and internal journal, because it was so bad it doesn’t have unintended impacts is Wildlife. They have been trying for that they knew they would be subject often a difficult, deliberative process. years to remove the gray wolf from the to ridicule and violating essentially In this case, the overly broad language Endangered Species Act. Unfortu- their own morals and ethics by doing in this section would still require com- nately, science isn’t on their side. that. mercial data from timber and oil and Wolves have not recovered throughout I would hope that the Republicans gas companies. That is not covered by much of their range. Oregon and Wash- can support this amendment, because the exemptions in the bill. And also, it ington have a few packs; California, even though they may agree with the could require data containing business Colorado, Utah, and New York have ends here, they surely should disagree activity locations, operation plans, in- none. However, they have cooked up a with the process. formation regarding species found on little bit of science to justify their de- With that, I reserve the balance of their lands, and they would be pub- termination to delist. my time. lished on the Internet, which would be Now, in the case of Oregon, OR–7, his Mr. HASTINGS of Washington. Mr. an invitation to trespass in the case of mate, and pups, might be pretty safe. Chairman, I rise in opposition to the private timber companies having to They are down in the corner of the amendment. publish that sort of invitation. State. California won’t be hunting The SPEAKER pro tempore. The gen- So I don’t think the exemption goes wolves because of their own Endan- tleman is recognized for 5 minutes. far enough. I think the entire provision gered Species Act. But his relatives up Mr. HASTINGS of Washington. Mr. should be stricken. But again, I will in the northeast corner of Oregon, Chairman, I yield as much time as he not bother to oppose this amendment, should they cross the border into may consume to the gentleman from but I will oppose the underlying bill. Idaho, they will be immediately assas- Texas (Mr. NEUGEBAUER). With that, I yield back the balance of sinated. That is the result of what Fish Mr. NEUGEBAUER. Mr. Chairman, my time. and Wildlife and Congress combined as I was listening to the gentleman, I was wondering if he was talking about b 1615 have done. They cooked up the science. Unfortu- the amendment that he had actually Mr. HASTINGS of Washington. Mr. nately, science has to be peer-reviewed offered, because actually he is making Chairman, I yield myself the balance of and published in journals. No journal the case that I stood up to make today. my time. would publish it. Not even some of the Let me tell you what this amend- I thank the gentleman from Oregon captive industry journals or the live- ment would do. It would exclude sci- for his support of the amendment, and stock association journal. Nobody entific information published solely in I yield back the balance of my time. would publish it. They said this is the internal Interior Department publi- The Acting CHAIR. The question is junk. cations from the definition of ‘‘best on the amendment offered by the gen- So what did they do? Well, they came available science,’’ which would allow tleman from Washington (Mr. HAS- up with a zombie journal. They revived the Department of Interior to avoid TINGS). an internal journal called North Amer- transparency requirements in section 2 The amendment was agreed to. ican Fauna, which was an internal Fish of the bill, which requires that the data AMENDMENT NO. 2 OFFERED BY MR. DEFAZIO and Wildlife little newsletter, and it used by the Federal agencies for the The Acting CHAIR. It is now in order hasn’t been printed previously since Endangered Species Act listing deci- to consider amendment No. 2 printed in 1991. sions to be made publicly available and House Report 113–563. Now, again, I imagine most Repub- accessible through the Internet. Mr. DEFAZIO. Mr. Chairman, I have licans are saying: So what, if this helps So what the gentleman was saying is an amendment at the desk. us get rid of the wolf—which many on they cooked the books, they cooked The Acting CHAIR. The Clerk will that side of the aisle would like to do— the information, and he doesn’t want designate the amendment. so be it, that is good. that to be made available. So here we The text of the amendment is as fol- Well, just think what is going to hap- are making important decisions about lows: pen when Fish and Wildlife and this ad- the potential taking of people’s land, Page 3, line 1, strike ‘‘The term’’ and insert ministration, or another administra- spending millions of dollars in mitiga- ‘‘(A) Except as provided in subparagraph (B), tion, wants to make a decision con- tion for what may be false science. the term’’. trary to what you care about? What if This gentleman’s amendment defeats Page 3, at line 3 strike the closing quotation marks and the second period, and they want to cook up a phony science the whole purpose of transparency, the after line 3 insert the following: on the sage-grouse, the lesser prairie intention of this bill. ‘‘(B) Such term does not include any data, chicken, or on some of these other spe- What we are trying to do is we are study, or survey that has been published cies that have been talked about going to say: Let’s take the facts, let’s solely in an internal Department of the Inte- today? They drag out the North Amer- take the best available science that the rior publication.’’. ican fauna label and they say: Hey, it Fish and Wildlife and some of these The Acting CHAIR. Pursuant to has been published, and that is what we agencies say that they have, let’s com- House Resolution 693, the gentleman based our decision on. pare it with what is the best available from Oregon (Mr. DEFAZIO) and a Mem- This is a very disturbing trend by an science from the stakeholders and ber opposed each will control 5 min- administration—inexplicable that this come up with the truth. utes. administration would go down this par- But the gentleman’s amendment, The Chair recognizes the gentleman ticular path. And again, even if you which I urge Members to defeat, de- from Oregon. may agree with delisting the wolf and feats the whole purpose of that trans- Mr. DEFAZIO. Mr. Chairman, as I greatly reducing the populations, parency. The American people deserve said earlier, and it was mentioned by a which are nowhere near what they that. Their tax money is being used

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.062 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7018 CONGRESSIONAL RECORD — HOUSE July 29, 2014 against them in the fact that the tax ciple we are trying to do. He wants to mitted is as preposterous as it is im- money is going out and being used to exclude certain stuff from us being practical. Where is the quality control? determine what is the best available transparent with it, or for the people Now, what happens if a locality sub- science. Now if we have got the best having transparency to that data. mits something that is not, in fact, available science—in fact, as the gen- So, Mr. Chairman, I urge also rejec- true, or not, in fact, established within tleman referred to it as ‘‘cooking the tion of the amendment, and I yield the scientific community? Or how science,’’ then the American people back the balance of my time. about if a State or a tribe submits one ought to have an opportunity to dis- The Acting CHAIR. The question is thing and another State or tribe sub- pute that and it not be hidden from on the amendment offered by the gen- mits conflicting views? Are they both them in some agency memo. tleman from Oregon (Mr. DEFAZIO). the best available evidence? What With that, I encourage Members to The question was taken; and the Act- about where a county thinks its data is defeat the amendment. ing Chair announced that the noes ap- better than the State’s data? These are Mr. DEFAZIO. Mr. Chairman, well, I peared to have it. all situations that not only might didn’t understand that. Mr. DEFAZIO. Mr. Chairman, I de- occur, but are likely to occur. Look, a Federal agency revived a mand a recorded vote. A witness at the committee hearing journal that had been extinct for 23 The Acting CHAIR. Pursuant to on this bill—in fact, a witness that was years. It is an internal document. They clause 6 of rule XVIII, further pro- invited by the Republicans—testified took phony science and published it in ceedings on the amendment offered by to this very point, saying that all does that, and then they based a delisting the gentleman from Oregon will be not equal best, highlighting the fact decision on it. If they based a listing postponed. that this bill creates more problems decision on it, you guys would be going AMENDMENT NO. 3 OFFERED BY MR. HOLT than it solves. berserk over there. The Acting CHAIR. It is now in order Agency decisionmakers must evalu- What I am precluding is future Fed- to consider amendment No. 3 printed in ate data from all sources to ensure eral agencies, no matter where they House Report 113–563. that they are making determinations come down on a listing decision, from Mr. HOLT. Mr. Chairman, I have an based on the best information avail- using phony science which is only self- amendment at the desk. able, and we should encourage them to published. This is like whack nuts who The Acting CHAIR. The Clerk will do so. write books about crazy things and designate the amendment. Let’s not have another case of con- they publish it themselves and say: The text of the amendment is as fol- gressional malpractice where Members Look, it was a book. Yeah, it is a book. lows: of Congress play scientists and try to You paid to publish it. Page 2, line 3, strike ‘‘(a) REQUIRING present political restrictions on the In this case, they used taxpayer DECISIONAL TRANSPARENCY WITH AFFECTED science. money to publish a phony study to jus- STATES.—’’. The peer review process is the best tify a decision they had already made, Beginning at page 2, strike line 16 and all tool available, and that is how we draw which you might happen to agree with. that follows through page 3, line 7. out the best science. Maybe scientists But what happens when they use that The Acting CHAIR. Pursuant to occasionally make mistakes, no doubt same tactic to do that with a decision House Resolution 693, the gentleman about it, and new findings can call for you disagree with, to actually list from New Jersey (Mr. HOLT) and a a revision of the science. But surely we something? Member opposed each will control 5 don’t think that Members of Congress This has nothing to do with trans- minutes. are better at determining what is sci- parency. It doesn’t need to be trans- The Chair recognizes the gentleman entifically factual than the biological parent because they couldn’t use it. It from New Jersey. and environmental scientists. is phony science. They would not be al- Mr. HOLT. Mr. Chairman, I yield my- I reserve the balance of my time. lowed to use phony science by self-pub- self such time as I may consume. b 1630 lishing it. That is simply what the The bill before us today has many amendment does, and I can’t believe problems, but one of the most egre- Mr. HASTINGS of Washington. Mr. you guys are going to oppose it. gious and obvious is in section 3, where Chairman, I rise in opposition to the I yield back the balance of my time. the bill declares that any and all data amendment. Mr. HASTINGS of Washington. Mr. submitted by States, tribes, or local The Acting CHAIR. The gentleman is Chairman, I yield myself the balance of governments shall be considered the recognized for 5 minutes. my time. ‘‘best scientific data available.’’ Mr. HASTINGS of Washington. Mr. Mr. Chairman, when I listen to my I am offering here an amendment Chairman, I yield such time as he may good friend from Oregon’s arguments, with my friend from California (Mr. consume to the gentleman from Texas in many respects, maybe indirectly, he HUFFMAN), which would strike that (Mr. NEUGEBAUER). is making precisely the argument that provision and would force Federal Mr. NEUGEBAUER. Mr. Chairman, we are making with this bill. That is, agencies to accept as the best available basically, what the gentleman’s whatever data is being used to list or science actual science. amendment would do is strike the lan- delist should be made available to the The language in question says: guage in the section of this bill that re- public so they can ascertain if that The term ‘‘best scientific and commercial quires the Fish and Wildlife Service to data is correct. data available’’ includes all such data sub- consider all data submitted by State, Now, the gentleman talked about mitted by a State, tribal, or county govern- tribal, or county governments as best data that was made up. Okay, that is ment. scientific and commercial data avail- his interpretation. If it is made up, The Endangered Species Act is one of able. shouldn’t we know that? Shouldn’t we our Nation’s strongest and most suc- Let me dispel one of the myths. It know that that is what the data is cessful environmental laws. One reason says that all of this data has to be con- being used to make these decisions for that success is that the law has sidered best scientific and commercial rather than just accepting it? been based on scientific evaluation data. That is not necessarily true. The Mr. Chairman, that is precisely what using peer-reviewed science by trained Fish and Wildlife Service still has dis- this bill is all about, to have trans- scientists, not the whims and ideolog- crimination over what data that it con- parency on this scientific data. That is ical wishes of legislators. siders. What it does say is that it must really all we are asking about. The Endangered Species Act is not a consider the data that is submitted. The argument got shifted to other shouting match or a fight for power The other thing that you hear my things, like we are destroying the En- and influence among interested parties; friends on the other side of the aisle dangered Species Act and so forth. it is a look at the need to protect en- say is that I guess all of the best data Nothing could be further from the dangered species as determined by the and all of the smartest people in the truth. best science. This language that the country must be in Washington, D.C., His amendment, however, does some- best scientific and commercial data but we have Mr. DEFAZIO, the gen- thing that I think violates the prin- available includes all such data sub- tleman from Oregon, stand up and say:

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.065 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7019 no, sometimes they cook the books. So salmon and delist them, you have to So I urge my colleagues to reject this I wondered if that memo that the gen- take all the dams out of the river. That amendment, and I yield back the bal- tleman was talking about was the best becomes the best available science, if ance of my time. commercial and available science for submitted by a tribe? The Acting CHAIR. The question is the wolf. Obviously, he was saying it What are you guys thinking? We on the amendment offered by the gen- was not. want them to listen to everybody. Ev- tleman from New Jersey (Mr. HOLT). What we are really saying about all erybody can submit something, but we The question was taken; and the Act- of this is it is just about transparency. don’t then deem it to be the best avail- ing Chair announced that the noes ap- It is about recognizing that the people able data. That is nuts. peared to have it. in the States and the local govern- Mr. HASTINGS of Washington. Mr. Mr. HOLT. Mr. Chairman, I demand a ments may actually have better infor- Chairman, I am prepared to close, so I recorded vote. mation on the ground about a lot of reserve the balance of my time. The Acting CHAIR. Pursuant to these issues than somebody sitting in Mr. HOLT. Mr. Chairman, my col- clause 6 of rule XVIII, further pro- Washington, looking at some model or league from Oregon said it well: All ceedings on the amendment offered by some report that someone has drawn does not equal best. the gentleman from New Jersey will be up. The other side evidently is embar- postponed. I will talk about my State of Texas, rassed by the language in the bill. AMENDMENT NO. 4 OFFERED BY MR. DUFFY for example. The Texas Parks and There are many problems with this The Acting CHAIR. It is now in order Wildlife service has developed over bill, but this particular section has to consider amendment No. 4 printed in 8,000 wildlife management plans cov- some language that they should be em- House Report 113–563. ering over 30 million acres. I would barrassed about, and so they are saying Mr. DUFFY. Mr. Chairman, I have an probably tell you that those people what they wish the language said or amendment at the desk have some of the best available and what they want it to say. The Acting CHAIR. The Clerk will The best scientific data includes all commercial science on a lot of the designate the amendment. such data. It does not say we will con- issues facing Texas probably a little bit The text of the amendment is as fol- sider all data. It says all equals best. more than maybe somebody sitting in lows: That cannot be true. That should be re- Washington, D.C., or some other State. Page 4, line 22, strike ‘‘and’’. moved from the bill. That is what this Page 5, at line 4 strike the period and in- So one of the things that I am a little amendment does. sert ‘‘; and’’, and after line 4 insert the fol- perplexed about is my colleagues keep Decisions on whether or not a par- lowing: fighting the transparency. This Presi- ticular study or data set have scientific ‘‘(7) any Federal funding used by a person dent said he was going to have one of merit with respect to an individual spe- or a governmental or non-governmental enti- the most transparent administrations ty in bringing a claim in a covered suit. cies listing should be made in the con- in history, but that has been far from text of peer-reviewed science, not be- The Acting CHAIR. Pursuant to the truth. cause one State wants one thing and House Resolution 693, the gentleman I would encourage my colleagues to one county wants another thing. from Wisconsin (Mr. DUFFY) and a defeat this amendment. It defeats the It should be based on the best sci- Member opposed each will control 5 whole purpose of the bill and the inten- entific data. That is what this amend- minutes. tion of letting the American people ment would ensure. The Chair recognizes the gentleman know the facts. I yield back the balance of my time. from Wisconsin. If you go to a trial, you don’t get to Mr. HASTINGS of Washington. Mr. Mr. DUFFY. Mr. Chairman, I want to use only your facts. You have to hear Chairman, I yield myself the balance of thank Chairman HASTINGS for all of his everybody’s facts. Since this is a trial my time. work on this legislation. that determines whether these species First of all, Mr. Chairman, I am not I am from Wisconsin. I have the cen- are in fact endangered or not endan- embarrassed by this piece of legisla- tral to northern part of the State. In gered anymore, we should be able to tion. Let me walk through this and ex- my part of the State—and for the State deal with the facts, but we can’t deal plain why this language says what it as a whole—we value our natural re- with one set of facts. We have to deal says because I think our friends on the sources. We value our wildlife. We have with all of the facts. other side of the aisle are leaving out a people who love to hunt, fish, bike, ski, So if you want to hear all of the very important word when they are de- and hike. It is part of our culture and facts, defeat this amendment. bating this issue. our community. Mr. HOLT. Mr. Chairman, I ask the The language in question is the term We have many organizations that Chair the time remaining on each side. ‘‘best scientific and commerce data work hard to promote conservation. We The Acting CHAIR. The gentleman available includes all such data sub- have hunting groups, sportsmen from New Jersey has 11⁄2 minutes re- mitted,’’ and so forth. groups, conservation organizations, maining, and the gentleman from They are arguing as if the word State and local DNR organizations. Washington has 21⁄2 minutes remaining. ‘‘such’’ was taken out, where it would Many of them have come together to Mr. HOLT. Mr. Chairman, I yield 45 read ‘‘scientific and commercial data protect the gray wolf population in seconds to the gentleman from Oregon available includes all data.’’ We didn’t Wisconsin, so much so that it has be- (Mr. DEFAZIO). say ‘‘all data.’’ We said ‘‘all such come healthy, and the gray wolf has Mr. DEFAZIO. Mr. Chairman, I am data.’’ been taken off and delisted from the bemused by this. What does that mean? How does that Endangered Species Act. It is simple. It says: relate? All such data that relates to However, not all organizations come The term ‘‘best scientific and commercial scientific and commercial data coming at this with a pure heart. We have data available’’ includes all such data sub- from the local communities—what is some whose main purpose and priority mitted by a State, tribal, or county govern- wrong with that argument? is filing lawsuits and suing the govern- ment. By the way, the agency still has dis- ment under the Endangered Species That means all the data. That means cretion to use that data, but it should Act. It is these sue-and-settle tactics if all the counties, States, and tribes be part of it because lacking having that don’t advance the cause of pre- don’t agree, you have conflicting best this language in the bill means that serving our environment, and they available data. That is what we are the only data is what my friend from aren’t good for the American taxpayer. saying. We want them to take all data Oregon criticized when we were dis- What is more, many of these lawsuits into account, but you can’t deem that cussing the wolves. are funded by way of Federal tax dol- theirs is the best. Mr. Chairman, I think this language lars to support the litigation, so in es- In the case of nitrification in the Co- is pretty straightforward. It says ‘‘all sence, we are spending tens of millions lumbia River, Oregon and Washington such data that relates to it, as devel- of dollars of hardworking Americans’ disagree. They have competing science, oped by local communities and tribes.’’ tax dollars to sue ourselves. but now, they would have to weigh it That should be part of the trans- So I think it is important that we equally. I have heard tribes say to save parency. have transparency in government. If an

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.069 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7020 CONGRESSIONAL RECORD — HOUSE July 29, 2014 organization is suing the Federal Gov- suing the Federal Government, that The amendment was agreed to. ernment under the Endangered Species you disclose it. You don’t have to go on ANNOUNCEMENT BY THE ACTING CHAIR Act and they are using Federal money, a witch-hunt. You don’t have to go find The Acting CHAIR. Pursuant to let’s disclose it. Let’s all see it. it. clause 6 of rule XVIII, proceedings will We might come together and say that If you receive these dollars and you now resume on those amendments is a good use of our Federal tax dollars, are suing the Federal Government, tell printed in House Report 113–563 on or we might say that is outrageous us. If the gentleman is correct, there which further proceedings were post- that we should be funding suits against won’t be any disclosure, but if what I poned, in the following order: ourselves. suspect is true, there will be a lot of Amendment No. 2 by Mr. DEFAZIO of This is a commonsense amendment. I disclosure, and the American people Oregon. would ask my colleagues to support it. will see how their tax money is being Mr. HASTINGS of Washington. Will Amendment No. 3 by Mr. HOLT of used to sue themselves. New Jersey. the gentleman yield? Mr. Chairman, I would note in clos- The Chair will reduce to 2 minutes Mr. DUFFY. I yield to the gen- ing that good government is a govern- the minimum time for any electronic tleman. ment that has transparency, and we vote after the first vote in this series. Mr. HASTINGS of Washington. I should know how our tax dollars are thank the gentleman for yielding and being used. This is not overburden- AMENDMENT NO. 2 OFFERED BY MR. DEFAZIO for bringing this issue to the floor. I some. This is a simple request that if The Acting CHAIR. The unfinished think it adds very much to what we are you use hard-earned taxpayer money to business is the demand for a recorded trying to do with this underlying legis- sue the Federal Government under the vote on the amendment offered by the lation, which is adding transparency to Endangered Species Act, the Federal gentleman from Oregon (Mr. DEFAZIO) our efforts. taxpayers know how their money is on which further proceedings were I support the gentleman’s amend- being spent. postponed and on which the noes pre- ment. This makes sense. It doesn’t cost any vailed by voice vote. Mr. DUFFY. Mr. Chairman, I reserve money. It is not a hardship, so let’s The Clerk will redesignate the the balance of my time. stand together. Let’s work together, amendment. Mr. DEFAZIO. Mr. Chairman, I rise The Clerk redesignated the amend- in opposition to the amendment. and let’s make sure we have full knowl- The Acting CHAIR. The gentleman edge in how this money is being used. ment. from Oregon is recognized for 5 min- I yield back the balance of my time. RECORDED VOTE utes. Mr. DEFAZIO. Mr. Chairman, unfor- The Acting CHAIR. A recorded vote Mr. DEFAZIO. I just wonder if the tunately, the gentleman misstated has been demanded. gentleman can name one piece of liti- what his amendment does. It doesn’t A recorded vote was ordered. gation which was sponsored by Federal say that individuals filing litigation The vote was taken by electronic de- tax dollars, and I yield to the gen- under the Endangered Species Act vice, and there were—ayes 188, noes 227, tleman. must disclose whether or not they re- not voting 17, as follows: ceive any Federal funds and are using Mr. DUFFY. Mr. Chairman, that is [Roll No. 460] the purpose of my legislation. We don’t any Federal funds in this case. It AYES—188 know. doesn’t say that. Mr. DEFAZIO. Reclaiming my time, It says that Fish and Wildlife Service Barber Engel Lowey Barrow (GA) Enyart Lujan Grisham the gentleman can’t name one lawsuit, must determine. How is the Fish and Bass Eshoo (NM) one organization using Federal tax dol- Wildlife Service going to determine Beatty Esty Luja´ n, Ben Ray lars. I guess that is probably because whether or not someone used Federal Becerra Farr (NM) funds? Bera (CA) Fattah Lynch he is familiar with OMB Circular A–87 Bishop (GA) Foster Maffei that says neither a State, local govern- As he said, money is fungible. He is Bishop (NY) Frankel (FL) Maloney, ment, or an Indian tribal government saying they may be violating the cir- Blumenauer Fudge Carolyn can use money provided by the Federal cular that prohibits nonprofit organi- Bonamici Gabbard Maloney, Sean Brady (PA) Gallego Matsui Government for legal expenses for pros- zations from doing this. They may be Braley (IA) Garamendi McCarthy (NY) ecution of claims against the Federal violating the circular. Brown (FL) Grayson McCollum Government. These are, of course, criminal of- Brownley (CA) Green, Al McDermott Well, okay, that leaves a big hole. fenses, that prohibit State, local, and Bustos Green, Gene McGovern Butterfield Grijalva McIntyre What about nonprofits? They get Fed- Indian tribal governments from using Capps Gutie´rrez McNerney eral money. That would be OMB Cir- Federal money for such litigation. He Capuano Hahn Meeks cular A–122, ‘‘Cost Principles for Non- is saying that may be go going on, so Ca´ rdenas Hastings (FL) Meng Carney Heck (WA) Michaud profit Organizations,’’ which says, then Fish and Wildlife should just dis- Carson (IN) Higgins Miller, George ‘‘Costs of legal, accounting, and con- cover it themselves. Cartwright Himes Moore sultant services, and related costs, in- How is that going to work? It sends Castor (FL) Hinojosa Moran curred in connection with defense Fish and Wildlife on a mission that it Castro (TX) Holt Murphy (FL) Chu Honda Nadler against Federal Government claims or is not equipped to handle. They can’t Cicilline Horsford Napolitano appeals, antitrust suits, or the prosecu- say: pretty please, tell us. Clark (MA) Hoyer Neal tion of claims or appeals against the If someone is violating the law, they Clarke (NY) Huffman Negrete McLeod Clyburn Jackson Lee Nolan Federal Government, are unallowable.’’ are probably not going to volunteer it Cohen Jeffries O’Rourke So we are now going to have the to Fish and Wildlife. Connolly Johnson (GA) Owens agency chase a Chimera—that is, some- b 1645 Cooper Johnson, E. B. Pallone thing that has never happened and Costa Kaptur Pascrell If you wanted to do this, you would Courtney Keating Pastor (AZ) can’t happen under law. They have got Crowley Kelly (IL) Payne to go out and spend a bunch of money have to write an amendment that Cuellar Kennedy Perlmutter trying to unearth it. amends the Rules of Civil Procedure or Cummings Kildee Peters (CA) If the gentleman could just name one whatever—I am not a lawyer—that Davis (CA) Kilmer Peters (MI) would require that these litigants dis- Davis, Danny Kind Pingree (ME) instance, then that might change the DeFazio Kirkpatrick Pocan argument, but he can’t. close at the time of filing their litiga- DeGette Kuster Polis With that, I reserve the balance of tion. Saying Fish and Wildlife should Delaney Langevin Price (NC) my time. find out after it has been filed is abso- DeLauro Larsen (WA) Quigley DelBene Larson (CT) Rahall Mr. DUFFY. Mr. Chairman, I would lutely absurd. Deutch Lee (CA) Rangel just note that money is fungible. To With that, I yield back the balance of Dingell Levin Richmond the point that this is going to cost a my time. Doggett Lewis Roybal-Allard lot of money, I would disagree. The Acting CHAIR. The question is Doyle Lipinski Ruiz Duckworth Loebsack Ruppersberger All we are asking for is that if you on the amendment offered by the gen- Edwards Lofgren Rush receive Federal money and you are tleman from Wisconsin (Mr. DUFFY). Ellison Lowenthal Ryan (OH)

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.071 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7021 Sa´ nchez, Linda Sherman Van Hollen Israel Pelosi Ros-Lehtinen Murphy (FL) Roybal-Allard Speier T. Sinema Vargas Nunnelee Pompeo Waxman Nadler Ruiz Swalwell (CA) Sanchez, Loretta Sires Veasey Napolitano Ruppersberger Takano Sarbanes Slaughter Vela b 1712 Neal Rush Thompson (CA) Schakowsky Smith (WA) Vela´ zquez Negrete McLeod Ryan (OH) Thompson (MS) Schiff Speier Visclosky Messrs. WALDEN, MULLIN, COT- Nolan Sa´ nchez, Linda Tierney Schneider Swalwell (CA) Wasserman TON, DUNCAN of South Carolina, O’Rourke T. Titus Schrader Takano Schultz DUNCAN of Tennessee, WESTMORE- Owens Sanchez, Loretta Tonko Schwartz Thompson (CA) Waters Pallone Sarbanes Tsongas LAND, and MATHESON changed their Pascrell Schakowsky Scott (VA) Thompson (MS) Welch Van Hollen vote from ‘‘aye’’ to ‘‘no.’’ Pastor (AZ) Schiff Scott, David Tierney Wilson (FL) Vargas Paulsen Schneider Serrano Titus Yarmuth Ms. CLARKE of New York changed Veasey Sewell (AL) Tonko her vote from ‘‘no’’ to ‘‘aye.’’ Payne Schrader Pelosi Schwartz Vela Shea-Porter Tsongas ´ So the amendment was rejected. Perlmutter Scott (VA) Velazquez Visclosky NOES—227 The result of the vote was announced Peters (CA) Scott, David as above recorded. Peters (MI) Serrano Walz Aderholt Griffith (VA) Perry Pingree (ME) Sewell (AL) Wasserman Amash Grimm Peterson Stated for: Pocan Shea-Porter Schultz Amodei Guthrie Petri Mr. WAXMAN. Mr. Speaker, on rollcall No. Polis Sherman Waters Bachmann Hall Pittenger 460, had I been present, I would have voted Price (NC) Sinema Waxman Bachus Hanna Pitts Quigley Sires Welch Barletta Harper Poe (TX) ‘‘yes.’’ Rahall Slaughter Whitfield Barr Harris Posey AMENDMENT NO. 3 OFFERED BY MR. HOLT Rangel Smith (NJ) Wilson (FL) Barton Hartzler Price (GA) The Acting CHAIR. The unfinished Richmond Smith (WA) Yarmuth Benishek Hastings (WA) Reed Bentivolio Heck (NV) Reichert business is the request for a recorded NOES—215 Bilirakis Hensarling Renacci vote on amendment No. 3 printed in Bishop (UT) Herrera Beutler Ribble House Report 113–563 offered by the Aderholt Griffin (AR) Perry Black Holding Rice (SC) Amash Griffith (VA) Peterson gentleman from New Jersey (Mr. HOLT) Blackburn Hudson Rigell Amodei Guthrie Petri Boustany Huelskamp Roby on which further proceedings were Bachmann Harper Pittenger Bridenstine Huizenga (MI) Roe (TN) postponed and on which the noes pre- Bachus Harris Pitts Barletta Hartzler Poe (TX) Brooks (AL) Hultgren Rogers (AL) vailed by voice vote. Brooks (IN) Hunter Rogers (KY) Barr Hastings (WA) Posey Broun (GA) Hurt Rogers (MI) The Clerk will redesignate the Barton Heck (NV) Price (GA) Buchanan Issa Rohrabacher amendment. Benishek Hensarling Reed Bucshon Jenkins Rokita Bentivolio Herrera Beutler Reichert The Clerk redesignated the amend- Bilirakis Holding Renacci Burgess Johnson (OH) Rooney ment. Byrne Johnson, Sam Roskam Bishop (UT) Hudson Ribble Calvert Jolly Ross RECORDED VOTE Black Huelskamp Rice (SC) Blackburn Huizenga (MI) Rigell Camp Jones Rothfus The Acting CHAIR. A recorded vote Campbell Jordan Royce Boustany Hultgren Roby Cantor Joyce Runyan has been demanded. Bridenstine Hunter Roe (TN) Capito Kelly (PA) Ryan (WI) A recorded vote was ordered. Brooks (AL) Hurt Rogers (AL) Carter King (IA) Salmon Brooks (IN) Issa Rogers (KY) The Acting CHAIR. This is a 2- Broun (GA) Jenkins Rogers (MI) Chabot King (NY) Sanford minute vote. Chaffetz Kingston Scalise Bucshon Johnson (OH) Rohrabacher Clawson (FL) Kinzinger (IL) Schock The vote was taken by electronic de- Burgess Johnson, Sam Rokita Coble Kline Schweikert vice, and there were—ayes 204, noes 215, Byrne Jolly Rooney Calvert Jones Roskam Coffman Labrador Scott, Austin not voting 13, as follows: Cole LaMalfa Sensenbrenner Camp Jordan Ross Collins (GA) Lamborn Sessions [Roll No. 461] Campbell Joyce Rothfus Cantor Kelly (PA) Royce Collins (NY) Lance Shimkus AYES—204 Conaway Lankford Shuster Capito King (IA) Runyan Cook Latham Simpson Barber DelBene Johnson (GA) Carter King (NY) Ryan (WI) Cotton Latta Smith (MO) Barrow (GA) Deutch Johnson, E. B. Chabot Kingston Salmon Cramer LoBiondo Smith (NE) Bass Dingell Kaptur Chaffetz Kinzinger (IL) Sanford Crawford Long Smith (NJ) Beatty Doggett Keating Clawson (FL) Kline Scalise Crenshaw Lucas Smith (TX) Becerra Doyle Kelly (IL) Coble Labrador Schock Culberson Luetkemeyer Southerland Bera (CA) Duckworth Kennedy Coffman LaMalfa Schweikert Daines Lummis Stewart Bishop (GA) Edwards Kildee Cole Lamborn Scott, Austin Davis, Rodney Marchant Stivers Bishop (NY) Ellison Kilmer Collins (GA) Lance Sensenbrenner Denham Marino Stockman Blumenauer Engel Kind Collins (NY) Lankford Sessions Dent Massie Stutzman Bonamici Enyart Kirkpatrick Conaway Latham Shimkus DeSantis Matheson Terry Brady (PA) Eshoo Kuster Cook Latta Shuster Duffy McAllister Thompson (PA) Braley (IA) Esty Langevin Cotton Long Simpson Duncan (SC) McCarthy (CA) Thornberry Brown (FL) Farr Larsen (WA) Cramer Lucas Smith (MO) Duncan (TN) McCaul Tiberi Brownley (CA) Fattah Larson (CT) Crawford Luetkemeyer Smith (NE) Ellmers McClintock Tipton Buchanan Fitzpatrick Lee (CA) Crenshaw Lummis Smith (TX) Farenthold McHenry Turner Bustos Foster Levin Culberson Marchant Southerland Fincher McKeon Upton Butterfield Frankel (FL) Lewis Daines Marino Stewart Fitzpatrick McKinley Valadao Capps Fudge Lipinski Davis, Rodney Massie Stockman Fleischmann McMorris Wagner Capuano Gabbard LoBiondo Denham Matheson Stutzman ´ Fleming Rodgers Walberg Cardenas Gallego Loebsack Dent McAllister Terry Flores Meadows Walden Carney Garamendi Lofgren DeSantis McCarthy (CA) Thompson (PA) Forbes Meehan Walorski Carson (IN) Garcia Lowenthal Duffy McCaul Thornberry Fortenberry Messer Walz Cartwright Gibson Lowey Duncan (SC) McClintock Tiberi Foxx Mica Weber (TX) Castor (FL) Grayson Lujan Grisham Duncan (TN) McHenry Tipton Franks (AZ) Miller (FL) Webster (FL) Castro (TX) Green, Al (NM) Ellmers McKeon Turner ´ Frelinghuysen Miller (MI) Wenstrup Chu Green, Gene Lujan, Ben Ray Farenthold McKinley Upton Gardner Miller, Gary Westmoreland Cicilline Grijalva (NM) Fincher McMorris Valadao Garrett Mullin Whitfield Clark (MA) Grimm Lynch Fleischmann Rodgers Wagner ´ Gerlach Mulvaney Williams Clarke (NY) Gutierrez Maffei Fleming Meadows Walberg Gibbs Murphy (PA) Wilson (SC) Clyburn Hahn Maloney, Flores Meehan Walden Gibson Neugebauer Wittman Cohen Hall Carolyn Forbes Messer Walorski Gingrey (GA) Noem Wolf Connolly Hanna Maloney, Sean Fortenberry Mica Weber (TX) Gohmert Nugent Womack Conyers Hastings (FL) Matsui Foxx Miller (FL) Webster (FL) Goodlatte Nunes Woodall Cooper Heck (WA) McCarthy (NY) Franks (AZ) Miller (MI) Wenstrup Gosar Olson Yoder Costa Higgins McCollum Frelinghuysen Miller, Gary Westmoreland Gowdy Palazzo Yoho Courtney Himes McDermott Gardner Mullin Williams Granger Paulsen Young (AK) Crowley Hinojosa McGovern Garrett Mulvaney Wilson (SC) Griffin (AR) Pearce Young (IN) Cuellar Holt McIntyre Gerlach Murphy (PA) Wittman Cummings Honda McNerney Gibbs Neugebauer Wolf NOT VOTING—17 Davis (CA) Horsford Meeks Gingrey (GA) Noem Womack Davis, Danny Hoyer Meng Gohmert Nugent Woodall Brady (TX) Conyers Graves (GA) DeFazio Huffman Michaud Goodlatte Nunes Yoder Cassidy DesJarlais Graves (MO) DeGette Israel Miller, George Gosar Olson Yoho Clay Diaz-Balart Hanabusa Delaney Jackson Lee Moore Gowdy Palazzo Young (AK) Cleaver Garcia DeLauro Jeffries Moran Graves (GA) Pearce Young (IN)

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.022 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7022 CONGRESSIONAL RECORD — HOUSE July 29, 2014 NOT VOTING—13 ensure that the Federal trust responsibility to-government relationships, conversa- Brady (TX) Diaz-Balart Pompeo with respect to Indian tribes is fulfilled.’’. tions, negotiations, tribal sovereignty. Cassidy Granger Ros-Lehtinen (b) CLERICAL AMENDMENT.—The table of I will close my remarks tonight as I Clay Graves (MO) Stivers contents in the first section of such Act is began, in Dine´. Cleaver Hanabusa amended by adding at the end the following: DesJarlais Nunnelee (English translation of the statement ‘‘Sec. 17. Fulfillment of Federal trust re- made in Dine´ is as follows:) ANNOUNCEMENT BY THE ACTING CHAIR sponsibility with respect to In- Okay. Let’s move forward. Thank The Acting CHAIR (during the vote). dian tribes.’’. you. There are 2 minutes remaining. Mr. HASTINGS of Washington. Mr. HAGONEE, AHE’HEE! Speaker, I ask unanimous consent that The SPEAKER pro tempore. The gen- 1717 b the reading be dispensed with. tlewoman from Arizona will provide So the amendment was rejected. The SPEAKER pro tempore. Is there the Clerk a translation of her remarks. The result of the vote was announced objection to the request of the gen- Mr. HASTINGS of Washington. Mr. as above recorded. tleman from Washington? Speaker, I rise in opposition to the mo- The Acting CHAIR (Mr. WOMACK). Mrs. KIRKPATRICK. Yes, I object. tion to recommit. The question is on the amendment in The SPEAKER pro tempore. Objec- The SPEAKER pro tempore. The gen- the nature of a substitute, as amended. tion is heard. tleman from Washington is recognized The amendment was agreed to. The Clerk will read. for 5 minutes. The Acting CHAIR. Under the rule, The Clerk continued to read. Mr. HASTINGS of Washington. Mr. the Committee rises. The SPEAKER pro tempore. The gen- Speaker, of course this body should Accordingly, the Committee rose; tlewoman from Arizona is recognized recognize the treaties that we have and the Speaker pro tempore (Mr. POE for 5 minutes. made with our Native American neigh- of Texas) having assumed the chair, Mrs. KIRKPATRICK. Mr. Speaker, bors. And I say that with the privilege Mr. WOMACK, Acting Chair of the Com- this is the final amendment to the bill. of representing a central Washington mittee of the Whole House on the state It will not kill the bill, nor send it district that has two Indian tribes and of the Union, reported that that Com- back to committee. If it is adopted, the reservations within my district. So mittee, having had under consideration bill will immediately proceed to final that goes without saying. the bill (H.R. 4315) to amend the En- passage. However, we have had on this floor I dangered Species Act of 1973 to require Mr. Speaker, I am honored to rep- don’t know how many motions to re- publication on the Internet of the basis resent a district that has more Native commit. And sometimes I wonder ex- for determinations that species are en- American tribes that own tribal land actly what these motions to recommit dangered species or threatened species, than any other district in the country. are trying to do, other than maybe just and for other purposes, and, pursuant I have 12 tribes in my district, includ- make a political point. And I have to to House Resolution 693, he reported ing the Navajo nation, where the peo- say, Mr. Speaker, that is probably so the bill back to the House with an ple speak a beautiful language called true with this motion to recommit. Now why do I say that? I say that be- amendment adopted in the Committee Dine´. So I am going to start my speech cause this motion to recommit implies of the Whole. tonight in Dine´. that tribal members should be part of The SPEAKER pro tempore. Under (English translation of the statement the discussion. Well, of course they the rule, the previous question is or- made in Dine´ is as follows:) should. But apparently my friend from dered. Hello, my esteemed elders, my rel- Arizona did not read the bill because Is a separate vote demanded on any atives, and my Navajo friends. It’s your section 3 in the bill says very specifi- amendment to the amendment re- Congresswoman speaking, ANN KIRK- cally that consultation should be made ported from the Committee of the PATRICK, and I work for you. with locals, including tribes. Whole? YA’ATEEH SHI’ NANTAI SHI’KE And to add insult to injury, Mr. If not, the question is on the amend- SHI’DINE’ ADO. AHE’HEE. NI’HI’ Speaker, the last amendment that was ment in the nature of a substitute, as CONGRESSWOMAN ANIH, ANN KIRK- offered, offered by my friend from New amended. PATRICK. ADO NI’HA NASHNISH. Jersey (Mr. HOLT), would take out the The amendment was agreed to. Mr. Speaker, I grew up on tribal land, section that says tribal respect ought The SPEAKER pro tempore. The on the White Mountain Apache where to be in the underlying bill, and the question is on the engrossment and my father ran the general store, and gentlewoman from Arizona voted for it. third reading of the bill. my mother was a schoolteacher. My fa- Now she comes down to the floor and The bill was ordered to be engrossed ther spoke Apache. My first words were says we ought to insert into the bill and read a third time, and was read the in Apache. And it is important that we something for tribal authorities that third time. know that the language of our Native we already had in the bill. MOTION TO RECOMMIT American tribes addresses their spir- I have no idea, Mr. Speaker, where Mrs. KIRKPATRICK. Mr. Speaker, I ituality, their culture, and their land. these motions to recommit are going, have a motion at the desk. What I want to talk about tonight is but I will say this. This bill deals with The SPEAKER pro tempore. Is the tribal sovereignty, because all of our transparency in the Federal Govern- gentlewoman opposed to the bill? tribes have their own culture, their ment to the citizens of the United Mrs. KIRKPATRICK. I am opposed to own history, and their own language, States. That ought to be number one it in its current form. but what they share is a deep respect on our minds, and that is what this bill The SPEAKER pro tempore. The for tribal sovereignty. What that does. Clerk will report the motion to recom- means is that they are entitled, they I urge my colleagues to vote against mit. have a right to government-to-govern- the motion to recommit and for the un- The Clerk read as follows: ment negotiations. derlying bill. Mrs. Kirkpatrick moves to recommit the So what I want my colleagues to do I yield back the balance of my time. bill H.R. 4315 to the Committee on Natural tonight is do not turn your backs on The SPEAKER pro tempore. Without Resources with instructions to report the our Native American people. Do not objection, the previous question is or- same back to the House forthwith with the turn your backs and shut the door to dered on the motion to recommit. following amendment: our tribes. I urge you to push for the There was no objection. SEC. ll. CONSULTATION WITH INDIAN TRIBES. inclusion and the respect of tribal sov- The SPEAKER pro tempore. The (a) REQUIREMENT.—The Endangered Species ereignty in this legislation and that question is on the motion to recommit. Act of 1973 (16 U.S.C. 1531 et seq.) is amended there be abundant government-to-gov- The question was taken; and the by adding at the end the following: ernment negotiations. Our tribes de- Speaker pro tempore announced that ‘‘SEC. 17. FULFILLMENT OF FEDERAL TRUST RE- serve that. They have that right. Let’s the noes appeared to have it. SPONSIBILITY WITH RESPECT TO IN- DIAN TRIBES. stand with our Native Americans and RECORDED VOTE ‘‘In carrying out this Act, the Secretary make sure that we do everything pos- Mrs. KIRKPATRICK. Mr. Speaker, I shall consult with affected Indian tribes to sible to strengthen those government- demand a recorded vote.

VerDate Mar 15 2010 04:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.026 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7023 A recorded vote was ordered. Capito Hultgren Renacci The vote was taken by electronic de- Carter Hunter Ribble vice, and there were—ayes 233, noes 190, The SPEAKER pro tempore. Pursu- Chabot Hurt Rice (SC) ant to clause 8 and clause 9 of rule XX, Chaffetz Issa Rigell not voting 9, as follows: this 5-minute vote on the motion to re- Clawson (FL) Jenkins Roby [Roll No. 463] commit will be followed by 5-minute Coble Johnson (OH) Roe (TN) Coffman Johnson, Sam Rogers (AL) AYES—233 votes on the passage of the bill, if or- Cole Jolly Rogers (MI) Aderholt Granger Perry Collins (GA) Jordan dered; the motion to suspend the rules Rohrabacher Amash Graves (GA) Peters (MI) Collins (NY) Joyce and pass H.R. 4809; and agreeing to the Rokita Amodei Green, Gene Peterson Conaway Kelly (PA) Rooney Bachmann Griffin (AR) Petri Speaker’s approval of the Journal, if Cook King (IA) Ros-Lehtinen Bachus Griffith (VA) Pittenger ordered. Cotton King (NY) Roskam Barletta Guthrie Pitts Cramer Kingston The vote was taken by electronic de- Ross Barr Hall Poe (TX) Crawford Kinzinger (IL) Barrow (GA) Harper Posey vice, and there were—ayes 197, noes 225, Crenshaw Kline Rothfus Barton Harris Price (GA) not voting 10, as follows: Culberson Labrador Royce Benishek Hartzler Reed Daines LaMalfa Runyan [Roll No. 462] Bentivolio Hastings (WA) Reichert Davis, Rodney Lamborn Ryan (WI) Bilirakis Heck (NV) Renacci Denham Lance Salmon AYES—197 Bishop (GA) Hensarling Ribble Dent Lankford Sanford Barber Grijalva O’Rourke Bishop (UT) Herrera Beutler Rice (SC) DeSantis Latham Scalise Barrow (GA) Gutie´rrez Owens Black Holding Rigell Diaz-Balart Latta Schock Bass Hahn Pallone Blackburn Horsford Roby Duffy LoBiondo Schweikert Beatty Hastings (FL) Boustany Hudson Roe (TN) Pascrell Duncan (SC) Long Scott, Austin Becerra Heck (WA) Bridenstine Huelskamp Rogers (AL) Pastor (AZ) Duncan (TN) Lucas Sensenbrenner Bera (CA) Higgins Brooks (AL) Huizenga (MI) Rogers (KY) Payne Ellmers Luetkemeyer Sessions Bishop (GA) Himes Brooks (IN) Hultgren Rogers (MI) Pelosi Farenthold Lummis Shimkus Bishop (NY) Hinojosa Broun (GA) Hunter Rohrabacher Perlmutter Fincher Marchant Shuster Blumenauer Holt Bucshon Hurt Rokita Peters (CA) Fitzpatrick Marino Simpson Bonamici Honda Burgess Issa Rooney Peters (MI) Fleischmann Massie Smith (MO) Brady (PA) Horsford Byrne Jenkins Ros-Lehtinen Peterson Fleming McAllister Braley (IA) Hoyer Smith (NE) Calvert Johnson (OH) Roskam Pingree (ME) Flores McCarthy (CA) Brown (FL) Huffman Smith (NJ) Camp Johnson, Sam Ross Pocan Forbes McCaul Brownley (CA) Israel Smith (TX) Campbell Jolly Rothfus Polis Fortenberry McClintock Bustos Jackson Lee Southerland Cantor Jones Royce Foxx McHenry Butterfield Jeffries Price (NC) Stewart Capito Jordan Runyan Franks (AZ) McKeon Capps Johnson (GA) Quigley Stivers Carter Joyce Ryan (WI) Frelinghuysen McKinley Capuano Johnson, E. B. Rahall Stockman Chabot Kelly (PA) Salmon Gardner McMorris Ca´ rdenas Jones Rangel Stutzman Chaffetz King (IA) Sanford Garrett Rodgers Carney Kaptur Richmond Terry Clawson (FL) King (NY) Scalise Gerlach Meadows Carson (IN) Keating Roybal-Allard Thompson (PA) Coble Kingston Schock Gibbs Meehan Cartwright Kelly (IL) Ruiz Thornberry Coffman Kinzinger (IL) Schrader Gibson Messer Castor (FL) Kennedy Ruppersberger Tiberi Cole Kline Schweikert Gingrey (GA) Mica Castro (TX) Kildee Rush Tipton Collins (GA) Labrador Scott, Austin Gohmert Miller (FL) Chu Kilmer Ryan (OH) Turner Collins (NY) LaMalfa Sensenbrenner Goodlatte Miller (MI) Cicilline Kind Sa´ nchez, Linda Upton Conaway Lamborn Sessions Gosar Miller, Gary Clark (MA) Kirkpatrick T. Valadao Cook Lankford Shimkus Gowdy Mullin Clarke (NY) Kuster Sanchez, Loretta Wagner Costa Latham Shuster Granger Mulvaney Clyburn Langevin Sarbanes Walberg Cotton Latta Simpson Graves (GA) Murphy (PA) Cohen Larsen (WA) Schakowsky Walden Cramer Long Smith (MO) Griffin (AR) Neugebauer Connolly Larson (CT) Schiff Crawford Lucas Smith (NE) Griffith (VA) Noem Walorski Conyers Lee (CA) Schneider Crenshaw Luetkemeyer Smith (TX) Grimm Nugent Weber (TX) Cooper Levin Schrader Cuellar Lummis Southerland Guthrie Nunes Webster (FL) Costa Lewis Schwartz Culberson Marchant Stewart Hall Olson Wenstrup Courtney Lipinski Daines Marino Stivers Scott (VA) Hanna Palazzo Westmoreland Crowley Loebsack Davis, Rodney Massie Stockman Scott, David Harper Paulsen Whitfield Cuellar Lofgren Denham Matheson Stutzman Serrano Harris Pearce Williams Cummings Lowenthal Dent McAllister Terry Sewell (AL) Hartzler Perry Wilson (SC) Davis (CA) Lowey DeSantis McCarthy (CA) Thompson (PA) Shea-Porter Hastings (WA) Petri Wittman Davis, Danny Lujan Grisham Diaz-Balart McCaul Thornberry Sherman Heck (NV) Pittenger Wolf DeFazio (NM) Duffy McClintock Tiberi Sinema Hensarling Pitts Womack DeGette Luja´ n, Ben Ray Duncan (SC) McHenry Tipton Sires Herrera Beutler Poe (TX) Woodall Delaney (NM) Duncan (TN) McIntyre Turner Slaughter Holding Posey Yoder DeLauro Lynch Ellmers McKeon Upton Smith (WA) Hudson Price (GA) Yoho DelBene Maffei Enyart McKinley Valadao Speier Huelskamp Reed Young (AK) Deutch Maloney, Farenthold McMorris Vela Swalwell (CA) Huizenga (MI) Reichert Young (IN) Dingell Carolyn Fincher Rodgers Wagner Takano Doggett Maloney, Sean Fleischmann Meadows Walberg Thompson (CA) NOT VOTING—10 Doyle Matheson Fleming Meehan Walden Thompson (MS) Duckworth Matsui Brady (TX) DesJarlais Pompeo Flores Messer Walorski Tierney Edwards McCarthy (NY) Cassidy Graves (MO) Rogers (KY) Forbes Mica Weber (TX) Ellison McCollum Titus Clay Hanabusa Fortenberry Miller (FL) Webster (FL) Engel McDermott Tonko Cleaver Nunnelee Foxx Miller (MI) Wenstrup Tsongas Enyart McGovern ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Franks (AZ) Miller, Gary Westmoreland Eshoo McIntyre Van Hollen Frelinghuysen Mullin Whitfield Esty McNerney Vargas The SPEAKER pro tempore (during Garamendi Mulvaney Williams Farr Meeks Veasey the vote). There are 2 minutes remain- Gardner Murphy (PA) Wilson (SC) Fattah Meng Vela ing. Garrett Neugebauer Wittman Foster Michaud Vela´ zquez Gerlach Noem Wolf Frankel (FL) Miller, George Visclosky b 1734 Gibbs Nugent Womack Fudge Moore Walz Gingrey (GA) Nunes Woodall Gabbard Moran Wasserman So the motion to recommit was re- Gohmert Olson Yoder Gallego Murphy (FL) Schultz jected. Goodlatte Palazzo Yoho Garamendi Nadler Waters The result of the vote was announced Gosar Paulsen Young (AK) Garcia Napolitano Waxman as above recorded. Gowdy Pearce Young (IN) Grayson Neal Welch The SPEAKER pro tempore. The Green, Al Negrete McLeod Wilson (FL) NOES—190 Green, Gene Nolan Yarmuth question is on the passage of the bill. Barber Buchanan Cicilline The question was taken; and the Bass Bustos Clark (MA) NOES—225 Speaker pro tempore announced that Beatty Butterfield Clarke (NY) Aderholt Bentivolio Broun (GA) the ayes appeared to have it. Becerra Capps Clyburn Amash Bilirakis Buchanan Bera (CA) Capuano Cohen Amodei Bishop (UT) Bucshon RECORDED VOTE Bishop (NY) Ca´ rdenas Connolly Bachmann Black Burgess Mr. DEFAZIO. Mr. Speaker, I demand Blumenauer Carney Conyers Bachus Blackburn Byrne a recorded vote. Bonamici Carson (IN) Cooper Barletta Boustany Calvert A recorded vote was ordered. Brady (PA) Cartwright Courtney Barr Bridenstine Camp Braley (IA) Castor (FL) Crowley Barton Brooks (AL) Campbell The SPEAKER pro tempore. This is a Brown (FL) Castro (TX) Cummings Benishek Brooks (IN) Cantor 5-minute vote. Brownley (CA) Chu Davis (CA)

VerDate Mar 15 2010 02:58 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.082 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7024 CONGRESSIONAL RECORD — HOUSE July 29, 2014 Davis, Danny Kind Pocan CAMPBELL) that the House suspend the Owens Ruppersberger Thompson (MS) DeFazio Kirkpatrick Polis rules and pass the bill, as amended. Palazzo Rush Thompson (PA) DeGette Kuster Price (NC) Pallone Ryan (OH) Thornberry Delaney Lance Quigley This is a 5-minute vote. Pascrell Ryan (WI) Tiberi DeLauro Langevin Rahall The vote was taken by electronic de- Pastor (AZ) Salmon Tierney DelBene Larsen (WA) Rangel Paulsen Sa´ nchez, Linda Titus Deutch Larson (CT) Richmond vice, and there were—yeas 386, nays 32, Payne T. Tonko Dingell Lee (CA) Roybal-Allard not voting 14, as follows: Pearce Sanchez, Loretta Tsongas Doggett Levin Ruiz Pelosi Sarbanes [Roll No. 464] Turner Doyle Lewis Ruppersberger Perlmutter Scalise Upton Duckworth Lipinski Rush YEAS—386 Peters (CA) Schakowsky Valadao Edwards LoBiondo Ryan (OH) Peters (MI) Schiff Van Hollen ´ Aderholt Deutch Keating Ellison Loebsack Sanchez, Linda Peterson Schneider Vargas Engel Lofgren T. Bachmann Diaz-Balart Kelly (IL) Petri Schock Bachus Dingell Kelly (PA) Veasey Eshoo Lowenthal Sanchez, Loretta Pingree (ME) Schrader Vela Esty Lowey Sarbanes Barber Doggett Kennedy Pittenger Schwartz Vela´ zquez Farr Lujan Grisham Schakowsky Barletta Doyle Kildee Pitts Scott (VA) Visclosky Fattah (NM) Schiff Barr Duckworth Kilmer Pocan Scott, Austin Wagner Fitzpatrick Luja´ n, Ben Ray Schneider Barrow (GA) Duffy Kind Price (GA) Scott, David Walberg Foster (NM) Schwartz Barton Edwards King (IA) Price (NC) Serrano Walden Frankel (FL) Lynch Scott (VA) Bass Ellison King (NY) Quigley Sessions Fudge Maffei Scott, David Beatty Ellmers Kingston Rahall Sewell (AL) Walorski Gabbard Maloney, Serrano Becerra Engel Kinzinger (IL) Rangel Shea-Porter Walz Gallego Carolyn Sewell (AL) Benishek Enyart Kirkpatrick Reed Sherman Wasserman Garcia Maloney, Sean Shea-Porter Bera (CA) Eshoo Kline Reichert Shimkus Schultz Gibson Matsui Sherman Bilirakis Esty Kuster Renacci Shuster Waters Grayson McCarthy (NY) Sinema Bishop (GA) Farenthold LaMalfa Richmond Simpson Waxman Green, Al McCollum Sires Bishop (NY) Farr Lamborn Rigell Sinema Weber (TX) Grijalva McDermott Slaughter Bishop (UT) Fattah Lance Roby Sires Welch Grimm McGovern Smith (NJ) Black Fincher Langevin Roe (TN) Slaughter Wenstrup Gutie´rrez McNerney Smith (WA) Blackburn Fitzpatrick Lankford Rogers (AL) Smith (MO) Westmoreland Hahn Meeks Speier Blumenauer Fleischmann Larsen (WA) Rogers (KY) Smith (NE) Whitfield Hanna Meng Swalwell (CA) Bonamici Fleming Larson (CT) Rogers (MI) Smith (NJ) Williams Hastings (FL) Michaud Takano Boustany Flores Latham Rokita Smith (TX) Wilson (FL) Heck (WA) Miller, George Thompson (CA) Brady (PA) Forbes Latta Rooney Smith (WA) Wilson (SC) Higgins Moore Thompson (MS) Braley (IA) Fortenberry Lee (CA) Ros-Lehtinen Southerland Wittman Himes Moran Tierney Bridenstine Foster Levin Roskam Speier Wolf Hinojosa Murphy (FL) Titus Brooks (AL) Foxx Lewis Ross Stewart Womack Holt Nadler Tonko Brooks (IN) Frankel (FL) Lipinski Rothfus Stivers Woodall Honda Napolitano Tsongas Brown (FL) Franks (AZ) LoBiondo Roybal-Allard Swalwell (CA) Yarmuth Hoyer Neal Van Hollen Brownley (CA) Frelinghuysen Loebsack Royce Takano Yoder Huffman Negrete McLeod Vargas Buchanan Fudge Lofgren Ruiz Terry Young (AK) Israel Nolan Veasey Bucshon Gabbard Long Runyan Thompson (CA) Young (IN) Jackson Lee O’Rourke Vela´ zquez Bustos Gallego Lowey Jeffries Owens Visclosky Butterfield Garamendi Lucas NAYS—32 Johnson (GA) Pallone Walz Byrne Garcia Luetkemeyer Amash Huelskamp Posey Calvert Gardner Lujan Grisham Johnson, E. B. Pascrell Wasserman Bentivolio Jones Ribble Camp Gerlach (NM) Kaptur Pastor (AZ) Schultz Broun (GA) Jordan Rohrabacher Campbell Gibbs Luja´ n, Ben Ray Keating Payne Waters Burgess Labrador Sanford Kelly (IL) Pelosi Waxman Cantor Gibson (NM) Duncan (SC) Lummis Capito Gingrey (GA) Lynch Schweikert Kennedy Perlmutter Welch Duncan (TN) Massie Sensenbrenner Kildee Peters (CA) Wilson (FL) Capps Goodlatte Maffei Garrett McClintock Stockman Kilmer Pingree (ME) Yarmuth Capuano Gosar Maloney, Gohmert Mulvaney ´ Stutzman Cardenas Granger Carolyn Gowdy Perry Tipton NOT VOTING—9 Carney Graves (GA) Maloney, Sean Grayson Poe (TX) Webster (FL) Brady (TX) Cleaver Hanabusa Carson (IN) Green, Al Marchant Harris Polis Cassidy DesJarlais Nunnelee Carter Green, Gene Marino Clay Graves (MO) Pompeo Cartwright Griffin (AR) Matheson NOT VOTING—14 Castor (FL) Griffith (VA) Matsui Amodei Coffman Nunnelee Castro (TX) Grijalva McAllister ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (TX) DesJarlais Chabot Grimm McCarthy (CA) Pompeo Cassidy Graves (MO) The SPEAKER pro tempore (during Chaffetz Guthrie McCarthy (NY) Rice (SC) Clay Hanabusa the vote). There are 2 minutes remain- Chu Gutie´rrez McCaul Yoho Cleaver Lowenthal ing. Cicilline Hahn McCollum Clark (MA) Hall McDermott ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1741 Clarke (NY) Hanna McGovern Clawson (FL) Harper McHenry The SPEAKER pro tempore (Mr. So the bill was passed. Clyburn Hartzler McIntyre PITTENGER) (during the vote). There The result of the vote was announced Coble Hastings (FL) McKeon are 2 minutes remaining. as above recorded. Cohen Hastings (WA) McKinley Cole Heck (NV) McMorris b 1748 A motion to reconsider was laid on Collins (GA) Heck (WA) Rodgers the table. Collins (NY) Hensarling McNerney Messrs. POE of Texas and Stated against: Conaway Herrera Beutler Meadows STUTZMAN changed their vote from Mr. HORSFORD. Mr. Speaker, during roll- Connolly Higgins Meehan ‘‘yea’’ to ‘‘nay.’’ Conyers Himes Meeks call vote No. 463 on H.R. 4315, I mistakenly Cook Hinojosa Meng So (two-thirds being in the affirma- recorded my vote as ‘‘yes’’ when I should Cooper Holding Messer tive) the rules were suspended and the have voted ‘‘no.’’ Costa Holt Mica bill, as amended, was passed. Cotton Honda Michaud f Courtney Horsford Miller (FL) The result of the vote was announced Cramer Hoyer Miller (MI) as above recorded. REAUTHORIZATION OF THE Crawford Hudson Miller, Gary A motion to reconsider was laid on DEFENSE PRODUCTION ACT Crenshaw Huffman Miller, George the table. Crowley Huizenga (MI) Moore The SPEAKER pro tempore. The un- Cuellar Hultgren Moran f finished business is the vote on the mo- Culberson Hunter Mullin tion to suspend the rules and pass the Cummings Hurt Murphy (FL) THE JOURNAL Daines Israel Murphy (PA) bill (H.R. 4809) to reauthorize the De- Davis (CA) Issa Nadler The SPEAKER pro tempore (Mr. fense Production Act, to improve the Davis, Danny Jackson Lee Napolitano PITTENGER). The unfinished business is Defense Production Act Committee, Davis, Rodney Jeffries Neal the question on agreeing to the Speak- DeFazio Jenkins Negrete McLeod and for other purposes, as amended, on DeGette Johnson (GA) Neugebauer er’s approval of the Journal, which the which the yeas and nays were ordered. Delaney Johnson (OH) Noem Chair will put de novo. The Clerk read the title of the bill. DeLauro Johnson, E. B. Nolan The question is on the Speaker’s ap- The SPEAKER pro tempore. The DelBene Johnson, Sam Nugent proval of the Journal. Denham Jolly Nunes question is on the motion offered by Dent Joyce O’Rourke Pursuant to clause 1, rule I, the Jour- the gentleman from California (Mr. DeSantis Kaptur Olson nal stands approved.

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.030 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7025 REPORT ON RESOLUTION PRO- East. In 2003 leading up to the Iraq war, HELPING FLORIDA’S MARINE VIDING FOR CONSIDERATION OF the Kurdish people, positioned in the INDUSTRY H. RES 676, AUTHORIZATION TO northern part of Iraq, opened their (Ms. FRANKEL of Florida asked and INITIATE LITIGATION FOR AC- arms to American troops and welcomed was given permission to address the TIONS BY THE PRESIDENT; PRO- their liberation after decades of oppres- House for 1 minute.) VIDING FOR CONSIDERATION OF sion from Saddam Hussein’s regime. Ms. FRANKEL of Florida. Mr. Speak- H.R. 935, REDUCING REGULATORY Recently, with the ISIS insurgency er, south Florida has a booming marine BURDENS ACT OF 2013; AND PRO- in Iraq, the Kurdish Regional Govern- industry, from our huge freighters to VIDING FOR PROCEEDINGS DUR- ment has remained firm in protecting our Sunday boaters, generating over ING THE PERIOD FROM AUGUST Iraq and have managed to maintain $8.9 billion a year to our local econ- 1, 2014, THROUGH SEPTEMBER 5, stability in a volatile region. omy. So I am very proud to join with 2014 Currently, a Kurdish tanker is an- DEBBIE WASSERMAN SCHULTZ and Mr. NUGENT, from the Committee chored off the coast of Texas with an Kristy Hebert, owner of Ward’s Marine on Rules, submitted a privileged report estimated $100 million worth of crude Electric, in trying to fix a problem. (Rept. No. 113–566) on the resolution (H. oil aboard. The KRG presently main- Businesses like Kristy’s have to pay Res. 694) providing for consideration of tains federal control over their region upward of $200,000 a year for providing the resolution (H. Res. 676) providing despite the objections of the Iraqi cen- recreational boat services, the same as for authority to initiate litigation for tral government. Even though the ship companies that are providing services actions by the President or other exec- was cleared on Sunday by the U.S. to 100,000-ton petroleum vessels. Obvi- utive branch officials inconsistent with Coast Guard, a Federal judge ruled ously, the risks are different, and so their duties under the Constitution of that the cargo could be seized by U.S. H.R. 3896 is going to fix this problem. the United States; providing for consid- Marshals at the request of the Iraqi oil Workers are still going to be protected, eration of the bill (H.R. 935) to amend ministry. and at an affordable cost for the em- the Federal Insecticide, Fungicide, and The claim of misappropriation by the ployers. Rodenticide Act and the Federal Water Iraqi oil ministry could be viewed as f Pollution Control Act to clarify Con- exclusionary. Congress and the admin- gressional intent regarding the regula- istration need to pressure the Maliki SECURING THE SOVEREIGNTY OF tion of the use of pesticides in or near government to be more inclusive. THE UNITED STATES navigable waters, and for other pur- The Kurdish Regional Government, (Mr. POE of Texas asked and was poses; and providing for proceedings at present, exports billions of dollars given permission to address the House during the period from August 1, 2014, each year in crude oil to major allies of for 1 minute.) through September 5, 2014, which was the United States all over the world. It Mr. POE of Texas. Mr. Speaker, I was referred to the House Calendar and or- should always be our mission to sup- down on the Texas-Mexico border this dered to be printed. port our allies in the Middle East and weekend. I met with Federal officials, f move in the right direction in our rela- and I met with State officials as well. tionship with the Kurds. I want to commend the work that the MOMENT OF SILENCE HONORING State of Texas is doing to protect and M. CALDWELL BUTLER f secure the sovereignty of the United (Mr. GOODLATTE asked and was States, including the Department of given permission to address the House THE IRS Public Safety, local law enforcement, for 1 minute and to revise and extend Parks and Wildlife law enforcement, his remarks.) (Mr. WENSTRUP asked and was the Texas Rangers, and soon to be the Mr. GOODLATTE. Mr. Speaker, our given permission to address the House National Guard. It is obvious to me Nation has lost a true public servant. for 1 minute and to revise and extend that they are on the border and they Congressman Caldwell Butler, who rep- his remarks.) are protecting the sovereignty of our resented the Sixth Congressional Dis- Mr. WENSTRUP. Mr. Speaker, if a country for all Americans. trict of Virginia from 1972 to 1983, Cincinnatian were audited tomorrow, While meeting with the Border Pa- passed away last night. He will be re- the IRS would expect my constituent trol, I asked them where are these peo- membered for many things, including to have the last 7 years of records to ple coming from that are so quickly his sharp legal mind and an integral simply prove their compliance with the coming to the United States. They told role in the Watergate investigation and law. The IRS? Not so much. It is a dif- me they are coming from 144 countries. the Nixon impeachment proceedings. ferent standard for them. Most recently, 2 weeks ago, there were A genuine family man, he treasured After spending years politically tar- three Ukrainians who crossed into the his wife, June, and their four sons. I geting Americans, and trampling the United States. The reason why is be- am especially thankful to have served First Amendment to silence opposi- cause the word is out to the world that as a member of his staff many years tion, the IRS is hiding from the Amer- if you can cross into the United States ago and to serve the same Sixth Dis- ican people. Now, instead of coming through Texas, you are going to get to trict today. My thoughts and prayers clean, the IRS is essentially saying: stay. That is too bad. That is tragic. are with the Butler family during this Sorry, the dog ate my homework. They It is the first duty of government to difficult time. say: Our emails are missing. secure the national borders of any Mr. Speaker, I ask that my col- It would appear that Lois Lerner country. That is the obligation of our leagues join me and members of the knew what she was doing. In April 2013 country, and it is the obligation of this Virginia delegation in a moment of si- she warned staff to be cautious about administration. We protect the borders lence in honor and in the memory of M. what information they put in emails. of other nations. It is about time we Caldwell Butler. The Federal Government cannot and protect the border of the United States f should not expect to live above the of America. rules that govern every hardworking And that is just the way it is. SUPPORTING KURDISH ALLIES American. The breach of trust is dev- f (Mr. GENE GREEN of Texas asked astating. The American people expect a and was given permission to address government that is answerable to the IN MEMORY OF MOST REVEREND the House for 1 minute and to revise people, not one that shirks any ac- ROBERT W. DONNELLY and extend his remarks.) countability or responsibility for bla- (Ms. KAPTUR asked and was given Mr. GENE GREEN of Texas. Mr. tant political abuse. permission to address the House for 1 Speaker, I rise today in support of our A viable special prosecutor must be minute and to revise and extend her re- Kurdish allies in the Middle East. appointed to get answers. We can’t con- marks.) The Kurdish people are one of Amer- tinue to let bureaucrats hide from jus- Ms. KAPTUR. Mr. Speaker, today in ica’s strongest allies in the Middle tice. Toledo, Ohio, in the 19-county diocese

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.088 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7026 CONGRESSIONAL RECORD — HOUSE July 29, 2014 to which he dedicated his selfless life, lowing the death of Bishop James Hoffman; The history of the Jewish people is the beloved most Reverend Roman he was chairman of the diocesan Ecumenical one of faith, honor, and most impor- Catholic Bishop Robert W. Donnelly Commission, a Pro-Synodal consultant, a di- tantly, survival. This situation is no was laid to rest. This ‘‘priest of rector of RENEW, and a member of the di- different. ocesan board of consulters. He also served on priests,’’ gentle soul, humble leader, the National Council of Catholic Bishops’ Hamas claims that Israel has no and compassionate shepherd passed committees for Pastoral Practices, right to exist and uses tactics that are from this life on July 21, 2014. With lov- Evangelization, and African America Catho- beneath the dignity of the human race ing gratitude, our entire community lics as well as local boards of St. Vincent’s as they carry out these attacks. extends its deepest appreciation for his Hospital, United Way, and Advocates for Israel has proven time and time life and deepest sympathy to his family Basic Legal Equality (ABLE). He retired in again it is a willing and a waiting part- and friends at his passing. May 2006. ner in the struggle for peace in the re- Bishop Donnelly’s religious life Brother priests have known him as ‘‘a gion. It continues to endure and defend priest of priests.’’ He is remembered as a spanned 57 years, and he served as par- truly gentle man, a warm and loyal friend, a against attack after attack, however, ish priest for seven congregations and wonderful mentor, respectful, humble, a peo- quite often without retaliation. Yet, taught in two Catholic high schools. ple person. His friends and family say that faced with the pure evil that Hamas Everywhere, he was of the people and he was always open and would give his full represents, no one should find fault in revered. attention to whatever they had to say, put- Israel’s measured response and efforts What a priest, what a bishop, what a ting them at ease; he could always find to ensure these attacks are halted and shepherd was he—a gentle and holy something good in everyone. When he pre- halted for good. man and a powerful religious leader. sided at Mass, people knew it wasn’t ‘‘his’’ We must continue to show our un- Mass; it was a prayer of, and for, and by, ev- The thousands upon thousands of hom- eryone. He gathered often with life-long wavering support for our friend and ilies and religious messages he shared friends for cards and camaraderie, loved to ally, Israel. were not bombastic but wise. He vacation with family, and cherished friend- f touched thousands upon thousands of ships with brother priests. He enjoyed cook- people across generations with bap- ing and was good at it, taking special care CONTINUATION OF THE NATIONAL tisms, graduations, communions, mar- with holiday dinners of crown roast, apple EMERGENCY WITH RESPECT TO riages, funerals, and confirmations. dumplings, and caesar salad. He later shared LEBANON—MESSAGE FROM THE Bishop Donnelly was a man of peace. and traded secret recipes with his beloved PRESIDENT OF THE UNITED cousin, cook, housekeeper, and friend Doro- STATES (H. DOC. NO. 113–142) He was hardworking and always thy ‘‘Buck’’ Taylor. present when it mattered. With subtle wit and care, Bishop Bob loved The SPEAKER pro tempore laid be- With his extraordinary brother his family and friends and took delight in fore the House the following message priest, Father Martin Donnelly, with children. His many cousins, nieces, and neph- from the President of the United whom he retired, their service cannot ews affectionately call him ‘‘Uncle Father States; which was read and, together be measured in years but, rather, in de- Bishop Bob.’’ He had a seemingly endless line with the accompanying papers, referred votion to imbuing real meaning to the of advice seekers who he couldn’t be more to the Committee on Foreign Affairs faith to which they devoted their lives. excited and willing to tend to. His Irish her- itage inspired him to take a group of the and ordered to be printed: May God grant him eternal rest as younger generation of family members to To the Congress of the United States: the joy of his spirit is released to eter- Ireland to meet their blood kin. When asked nity. Section 202(d) of the National Emer- a question, his responses were well-thought- gencies Act (50 U.S.C. 1622(d)) provides MOST REV. ROBERT W. ‘‘BISHOP BOB’’ out, detailed, and explained. for the automatic termination of a na- DONNELLY Bishop Bob was predeceased by his parents, tional emergency unless, within 90 Most Reverend Robert William Donnelly brother Quinn Donnelly, sister Mary Hen- passed on to eternal life on July 21, 2014, sur- dricks, and cousins Fr. Tom Quinn and Betty days prior to the anniversary date of rounded by his family after a short illness. Mears. He is survived by his brother, Fr. its declaration, the President publishes Born in Toledo March 22, 1931, to Agnes Marty Donnelly, his brother-in-law Pat Hen- in the Federal Register and transmits to (Quinn) and Leonard Donnelly, he was a son dricks, nieces and nephews Ann (Tim) Doran, the Congress a notice stating that the of West Toledo’s Most Blessed Sacrament Larry (Sharon) Hendricks, Jim (Julie) Hen- emergency is to continue in effect be- Parish, living close by and attending elemen- dricks, Mike (Kaye) Hendricks, Kay (Bill) yond the anniversary date. In accord- tary school there—the tallest kid in the 8th Byrne, and David (Betsy) Hendricks; 24 great nieces and nephews; and 12 great-great nieces ance with this provision, I have sent to grade. As a teen he worked summers as a day the Federal Register for publication the camp supervisor at Close Park. During his and nephews. high school years in the Class of 1949 at Cen- Friends may visit Monday, July 28, from 2 enclosed notice stating that the na- tral Catholic he played football and CYO bas- to 8 p.m. at Our Lady Queen of the Most tional emergency with respect to Leb- ketball and baseball, and was an avid CCHS Holy Rosary Cathedral, 2535 Collingwood anon that was declared in Executive tennis player; he captained the tennis team Boulevard, Toledo, where a Vigil Service will Order 13441 of August 1, 2007, is to con- there. Later, at Quinn Family reunions he be celebrated at 7 p.m. Rosary will be prayed tinue in effect beyond August 1, 2014. was the pitcher for the annual softball Tuesday, July 29, at 10 a.m., with visitation Certain ongoing activities, such as games. He enthusiastically donned costumes until 11:45 a.m. The Funeral Mass of Res- urrection will be celebrated at noon Tues- continuing arms transfers to Hizballah, for family reunions and the Blessed Sac- which include increasingly sophisti- rament Halloween Parades. And he had golf day, followed by burial at Resurrection Cem- in his blood, avidly playing the game. etery. Arrangements by Blanchard-Strabler cated weapons systems, undermine Bishop Bob earned a Bachelor’s degree in Funeral Home (419–269–1111) The family Lebanese sovereignty, contribute to Philosophy at St. Meinrad College Seminary. would appreciate that any memorial dona- political and economic instability in Ordained a priest May 25, 1957, he loved his tions be sent to St. Martin de Porres, 1119 W. the region, and continue to constitute years in pastoral ministry at Sandusky St. Bancroft Street, Toledo, OH 43606. Online an unusual and extraordinary threat to Mary, Landeck St. John, Spencerville St. condolences: blanchardstrabler.com. the national security and foreign pol- Patrick, Rossford Ss. Cyril & Methodius, To- f icy of the United States. For this rea- ledo St. Clement, Toledo St. Charles, and son, I have determined that it is nec- Fostoria St. Wendelin; and teaching at b 1800 essary to continue the national emer- Delphos St. John and Oregon Cardinal SUPPORT OF ISRAEL Stritch high schools. In every assignment, gency declared in Executive Order 13441 his heart was always with the people. (Mr. ROKITA asked and was given with respect to Lebanon. He earned a Master’s degree in Theology at permission to address the House for 1 BARACK OBAMA. Saint John’s University, Collegeville, Min- minute and to revise and extend his re- THE WHITE HOUSE, July 29, 2014. nesota and attended graduate school pro- marks.) f grams at Mount Saint Mary Seminary, Nor- Mr. ROKITA. Mr. Speaker, I rise wood, Ohio; Xavier University, Cincinnati; today to reaffirm my support for one of ISRAEL’S RIGHT TO PROTECT and the University of Toledo. He was or- ITSELF dained Bishop on May 3, 1984. As Toledo Aux- our closest allies, Israel, as they com- iliary Bishop he was appointed to several di- bat a surge of violence against their The SPEAKER pro tempore. Under ocesan positions, serving as Vicar General sovereign country from the terrorist the Speaker’s announced policy of Jan- for 20 years and diocesan administrator fol- group Hamas. uary 3, 2013, the gentleman from Utah

VerDate Mar 15 2010 04:42 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.089 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7027 (Mr. STEWART) is recognized for 60 min- Bank. The PA aids Israel Defense raining down indiscriminately on Cin- utes as the designee of the majority Forces in clamping down on Hamas in cinnati or Chillicothe or Portsmouth? leader. the West Bank and tension increases Ohioans know the fear that they feel GENERAL LEAVE significantly. As a result of that, when they hear tornado sirens blare Mr. STEWART. Mr. Speaker, I ask Hamas unleashes hundreds of rockets and the impending threat of possible unanimous consent that all Members in Israel. destruction. Imagine that fear ampli- may have 5 legislative days in which to Finally, July 7, 2014: the Israel De- fied and extended continuously over revise and extend their remarks and to fense Forces launch Operation Protec- weeks by an enemy that seeks to elimi- include extraneous material on the tive Edge. Its goal is to stop the insist- nate your country and your country- subject of my Special Order. ent rocket attacks in Israel. Within a men. The SPEAKER pro tempore. Is there week, they expand to an offensive The continued success of the Iron objection to the request of the gen- ground war. Its purpose is to destroy Dome has protected countless inno- tleman from Utah? Hamas tunnels built for military use cents and weakened the perpetual There was no objection. against Israel. Now, we will talk more threat posed by the terrorist organiza- Mr. STEWART. Mr. Speaker, we live about these tunnels, but let me men- tions that surround them. I am proud in a very dangerous world. It seems tion just briefly that, to date, Israel to say that America has been a strong like there is chaos and darkness all has uncovered more than 66 access partner in pioneering this technology. around us. As a former Air Force pilot, shafts to 30 tunnels. Palestinian mili- While Israel continues to protect I have seen the results of abusive power tants have fired, to date, more than their people with the Iron Dome, in a very real way. 2,000 rockets since the fighting began Hamas urges Palestinians to become It seems like every time we turn on on July 8. human shields to protect their Hamas the television or we read the news, we Let me put that in perspective before rockets. get the feeling that the world is being I turn the time over to some of my col- We all hope for a peaceful resolution turned upside down. The wheels have leagues. to the current conflict. Unfortunately, come off the train and we seem to be Imagine, if you will, that al Qaeda or Hamas continually rejects cease-fire careening towards the cliff: Russia ISIS in Iraq has pledged the destruc- deals. Hamas refuses to recognize takes Crimea and then sends un-uni- tion of the U.S., something which is Israel’s right to exist and is dedicated formed troops into eastern Ukraine; not hard to imagine. Now imagine they to destroying the State of Israel. tens of thousands of deaths in Syria, placed a military frigate off our east- Just yesterday, Hamas used tunnels with millions of refugees; the recent ern shore. Now, they claim that it is a to burrow into Israel and ambush evacuation of our own Embassy in supply ship, they say that it has no Israeli soldiers, killing many. Can you Libya; Iran working toward a nuclear military purpose, that it only has civil- imagine a terrorist group with tunnels weapon; ISIS in Iraq creating essen- ian and peaceful purposes. But then built to infiltrate your town, your vil- tially a terrorist state; the crisis of imagine they start lobbing not a few lage, your city? Chinese power threatening significant and not dozens, but hundreds of rockets The construction materials used to parts of the Eastern world. The list of and missiles along our eastern shore, build these terrorist tunnels were in- concerns is very long, indeed. tended to construct schools and hos- But nowhere is the strife and uncer- specifically targeting cities where mil- pitals, but Hamas would rather con- tainty more dangerous, more strategic, lions of innocent families live. What would we do? What should we tinue its perpetual aggression with and more critical to U.S. interests than do. Would you expect your government, Israel than better the lives of the Pal- what we are witnessing in Israel and your President, to protect you? Of estinian people. Hamas would rather their military operations in Gaza. Israel is the most important ally in course, we would. We would defend our- fire rockets from playgrounds and the region that we have. It has the only selves. We would seek the elimination homes than work towards peace. democratically elected government in of the threat. We would protect our The American public stands with a very unstable and violent part of the own people, our values, our way of life. Israel on a foundation of shared demo- world. It has a vibrant, free capitalistic Any Nation would, and every Nation cratic values and a commitment to a society that respects human rights, should be able to do that. free society, especially in the face of that respects women’s rights, that re- That is all the State of Israel is ask- rising anti-Semitism across the globe. Israel cannot draw down while spects minority rights, even the reli- ing: the right to defend itself. That is Hamas continues to dig tunnels, giving gious minorities. why we are here tonight, to defend a Let me say this as clearly and as un- friend and ally against not only mis- them unfettered access to towns. ambiguously as I can: Israel is our siles and rockets, but against an on- Every Nation has the right and re- friend and our ally. So tonight we slaught of deception in the world of sponsibility to defend itself, and Israel stand with Israel and state without public opinion. We want our friends in is no different. equivocation that Israel has a right to Israel to know that they do not stand Mr. STEWART. Thank you, Dr. defend itself. alone. WENSTRUP. Let me set the stage for the crisis I have invited some of my friends and Next, I would like to yield to Mr. that is happening right now, very colleagues to share the floor with me STEVE KING, a colleague and gentleman quickly. this evening as we stand firm and from Iowa. Mr. KING sits on the Agri- September 2005: Israel withdraws united in the defense of Israel and their culture, Small Business, and Judiciary from Gaza Strip, home to some 1.8 mil- right to protect themselves. Committees, and he has always been a lion people. Thousands of Israelis are I would like to begin with my col- strong defender of Israel. uprooted and missile fire from Gaza league Dr. WENSTRUP from Ohio. He is Mr. KING of Iowa. I thank the gen- into Israel increases dramatically. a fellow veteran, he has served in the tleman for yielding and for leading on A few short months later, in January Army Reserves since 1989, and served a this Special Order to have this discus- 2006, Hamas deposes Fatah, wins elec- tour in Iraq. He sits on the House sion about the sovereignty and the tions, and becomes the ruling party of Armed Services and the Committee on safety and the protection of Israel, our Gaza. The United States, Britain, and Veterans’ Affairs. I yield to Dr. strongest ally in the Middle East, the all the European Union consider Hamas WENSTRUP. place where there is a rule of law, a terrorist organization. Mr. WENSTRUP. Thank you. I appre- where there are property rights, where June 2007: Hamas seizes power in ciate my friend, the gentleman from they are available to everyone that is Gaza with Mahmoud Abbas and the Utah, for putting this together tonight an Israel citizen, whether they happen Palestinian Authority. to allow us to share our message in to be of Arabic descent, whether they Skipping ahead now to May 2014: support of Israel. happen to be of Jewish descent, or any rocket attacks from Gaza to Israel in- The fear that has engulfed innocent other descent. crease. civilians in this conflict is really un- The allies that Israel have been de- June 12, 2014: Three Israeli teenagers thinkable. In southern Ohio and across serve on our side that similar kind of are kidnapped and killed on the West America, could you imagine rockets support, in fact, a stronger support.

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.091 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7028 CONGRESSIONAL RECORD — HOUSE July 29, 2014 There have been so many messages newspaper in Israel. He said of Sec- for Israel is crucial to bringing peace, that have been sent from this adminis- retary Kerry’s latest attempt for a stability, and security to this most im- tration to the contrary, we need to be cease-fire over the weekend that ‘‘very portant region of the world. standing on the floor of the House of senior officials in Jerusalem described Daily rocket fire from Gaza is one of Representatives sending a message to the proposal that Kerry put on the the many threats facing the Israeli Israel, Benjamin Netanyahu, and the table as a strategic terrorist attack.’’ people. I was in Israel last year. As I stood at the border with Syria, I could leaders that are there, the members of b 1815 the Israel Defense Forces: We stand hear mortar and rocket fire in the dis- with you, Israel. Any Nation that is That is not a very strong message, I tance. surrounded by enemies, that is infil- would say, Mr. Speaker. It is not a very Since its founding in 1948, Israel has trated by tunnels that are dug through strong message representing the policy faced a number of existential threats to be able to infiltrate and kill inno- of the United States coming from our from all sides, including invasion by its cent people on the streets of Israel, Secretary of State. Our policy is we neighbors and terrorism from radical kidnap them, celebrate that, any gov- stand with the Israeli people. We stand groups operating within Israel, Gaza, ernment that is formed for the pur- for their self-defense. and the West Bank. poses of eradicating Israel from the I thank the gentleman for setting up This past March, representatives face of the Earth—and, Mr. Speaker, I this Special Order tonight. from Montana’s Crow Tribe presented a would point out that this new govern- Mr. STEWART. Thank you, Mr. formal resolution to Israeli Ambas- ment that was formed among the Pal- KING. sador Ron Dermer in my office here in Washington. The resolution from the estinian Authority, the Palestinian Mr. KING mentioned the tunnels. I Crow Legislature to the Israeli people unity government, includes Hamas ter- would like to illustrate this, if I could, affirmed their support of Israel’s right rorist leaders in the cabinet. and just interject very quickly. This is Finally, the political arm of Hamas, a photograph of the tunnels. These to exist and recognized their shared which always was the Palestinian Au- aren’t dark 2-foot holes dug into the challenges of maintaining political and thority, has openly now embraced ground. territorial independence and a deep Hamas itself. This Congress and the ad- These are sophisticated, expensive, connection to their ancestral home- ministration itself and the American complicated contraptions that have lands. During this meeting in my office people need to understand that there is been put together—30 tunnels, not in- with Crow Tribal leaders and Israeli a Palestinian Anti-Terrorism Act of cluding the more than two dozen that Ambassador Dermer, his cell phone 2006 which prohibits the U.S. from were discovered prior to Operation Pro- tective Edge. They run for miles. went off. It wasn’t a call. It wasn’t a sending foreign aid to the Palestinian text message. It wasn’t an email. Authority government. That includes They are dug more than 60 feet be- neath the ground, so that they avoid It was an app he had on his phone Hamas terrorists. It says that we are that many Israelis have to warn them not going to fund any terrorist organi- seismic detection. Some of them are large enough that you can drive a vehi- of impending rocket attacks. It was a zations, and Hamas has been declared a sober realization that each time his terrorist organization. cle through them. You think: What is their purpose? Is phone made that noise, fearful Israeli We are watching now as the oper- families had seconds to scramble for ations that were so utterly necessary, it to smuggle men, weapons, or mate- rial? It is to in some cases, unfortu- their lives. the Israel Defense Forces going into As the Israeli people remain stead- nately, smuggle and hide those who Gaza, losing Israeli soldiers, and, yes, fast in confronting these threats, they have been captured and are being kid- they have to defend them since thou- deserve our unyielding support now napped. Hamas operatives have been sands of rockets have been fired into and in the future. America’s commit- intercepted emerging from the tunnels Israel. Living under that threat of a ment to Israel must never waver. We with tranquilizers and handcuffs—obvi- people that outside your borders would must stand with Israel. ously, to kidnap Israeli soldiers. raise their children to carry suicide Mr. STEWART. Mr. DAINES, I agree Once again, how much better would vests, to kill themselves to try to kill that we must stand with Israel. All of the situation have been for the citizens Israelis, to teach the things that they us here tonight agree that we must of Gaza if these resources and this teach to the young people in that cul- stand with Israel. ture and in that climate, that hatred is money had been diverted? Instead of I now yield to my colleague and good building tunnels, build infrastructure on one side of that border of Gaza, it is friend, Mrs. HARTZLER from Missouri. not on both sides. It is on the Gaza and schools and hospitals and other Mrs. HARTZLER. I thank the gen- side, it is in the West Bank, and it is things that the citizens there could tleman from Utah. I appreciate you all around Israel, it is not from within use. leading this critical Special Order to- Israel out. Thank you, Mr. KING, for your com- night. I am amazed at how forgiving they ments. It has been a dangerous few weeks in are, how patient they are, how tolerant I would like now to yield to my good Israel. We have been watching the de- they are, how they have suffered the friend, Mr. DAINES from Montana. He is velopments between Israel and Hamas way they have, and they waited until it a successful businessman who sits on in Gaza, as Israel shows restraint while absolutely had to be before the order the Homeland Security, Natural Re- still protecting its citizens. was given to go in and eradicate the sources, and Transportation and Infra- Quite simply, Israel is under siege by tunnels and to try to take out some of structure Subcommittees. a radical faction that displays blatant the rocket locations. These rockets are Mr. DAINES. I want to thank the disregard for its citizens. Hamas is in schools around children. They are gentleman from Utah for putting to- using its citizens as human shields, using human shields of the children. gether this Special Order. I also want building bombs in the basements of They are hoping—I guess I can’t quite to thank you, Congressman STEWART, schools and homes, and prohibiting say hoping—but willing to accept the for your service to our country. As a B– families from evacuating areas where casualties of children, because that is a 1 bomber pilot, you in fact hold the rockets are being launched. media message to the world. record for the fastest nonstop flight Israel has shown tremendous re- This is an appalling set of neighbors around the world. Thank you for your straint and has every right to defend that Israel has. They want to live in service to our country, Chris. itself against these unwarranted at- peace. They have a right to live in As our closest ally, Israel’s security tacks. Over 2,000 rockets have been peace. We stand with Israel. Israel is critical not only for the future of launched into Israel, reaching even Tel stands to defend itself. We need to Israeli people, but also for the security Aviv and Jerusalem. Over 80 percent of make sure that they have the resources of the United States. Both of our na- the country’s citizens have had to hud- to do so and the moral support from tions were founded by those seeking dle in bomb shelters for parts of 3 the United States. political and religious freedom. weeks now. I would point out also the statement Israel is the beacon of democracy in Over 6 million men, women, and chil- that was made by Ari Shavit in the the Middle East. Our continued support dren are endangered, yet Israel has

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.092 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7029 agreed to cease-fire after cease-fire. It is my honor to yield to Mr. ENGEL, siles right in the densely-populated Unfortunately, Hamas has not abided who represents New York, the ranking areas—but Hamas has deliberately by these calls, firing dozen of rockets member of the Foreign Affairs Com- been trying to kill innocent Israeli ci- into Israel, even when Israel was ceas- mittee. vilians. ing its efforts to protect its citizens, so Sir, we are glad to have you with us. So we hope we will continue funding that humanitarian assistance could ar- Mr. ENGEL. I thank the gentleman the Iron Dome, and I know there will rive to the people in the Gaza Strip. for yielding to me, and I want to thank be strong bipartisan support on both Israel has gone above and beyond for all my colleagues for their excellent re- sides. years now to help the people of Gaza marks. I agree with every word that Any cease-fire should contain the and give them an opportunity for a bet- has been said. total disarming of Hamas. Any cease- ter life. Nine years ago, Israel moved I think perhaps I will start off with a fire should contain the destruction of totally out of Gaza, giving the land and bit of good news because everyone can the tunnels which, as my colleague farms and greenhouses to people of see this tonight. At a time when the very adeptly pointed out, were made Gaza. 10,000 Israeli lives were disrupted pundits say that the two parties can’t for terrible purposes. as they moved to Israel. agree on anything, that nothing gets With the concrete that was coming Generous people all over the world done, and that there is too much fight- into Gaza, they could have built raised money to buy the tractors and ing, there is one thing on which we can schools and mosques and skyscrapers; farm equipment for the people of Gaza. agree, and that is that the support for but what did they do? They built terror The area could have become the jewel Israel in this Congress is strong and it tunnels, so they can try to kill Israelis. of the Mediterranean and a peaceful is bipartisan, and that is the way it And the media? Shame on some of neighbor to Israel—a model of a two- should be. the coverage we have seen in the state solution. Instead, they tore down It is bipartisan for a number of rea- media. There is no moral equivalency the greenhouses. Instead of building sons. First of all, Israel is the only de- between a terrorist group and a nation roads and homes, they built tunnels mocracy in the Middle East. We share that values its citizens and wants to with the intent to attack and kill common values with Israel, and we un- protect its citizens. There is no moral Israelis. They voted Hamas in power derstand that the people of Israel, right equivalency whatsoever. and turned the area into a terrorist now, are besieged. Israel is trying to protect its citi- military outpost. Hamas is a terrorist group. It is not zens. Hamas only wants to kill. Read So here we are today, while Hamas is a fight between Israelis and Palestin- their charter. Read what they say bent on killing innocent Israelis, Israel ians. It is a fight between Israel and a about Jews. Read about Israel. They is intent on preserving their lives. As terrorist group. As someone who was in want to destroy every last person in they seek to stop the rocket fire in the New York on that fateful day of Sep- Israel. So I think the media ought to Gaza Strip, Israel goes to great lengths tember 11, 2001, Israel has endured be a little more evenhanded and not to save innocent lives. It drops leaflets many September 11, 2001s. the way it has been portraying things into the neighborhoods, warning of an My colleague said it right before. The up until now. impending military attack to take out difference between the Hamas terror- So let me conclude by saying this: the rocket launchers, which are often ists and Israelis is that Israel uses its the bond between Israel and the United strategically placed by Hamas in the missiles to protect its citizens and States is unbreakable, unshakeable. It neighborhoods. Hamas uses its citizens to protect its has always been and will always be. It then calls the residents of the missiles. The United States will always stand by house to warn them, then sends text It is terrible when any civilians die, the people of Israel, particularly in messages to the home, then ‘‘knocks’’ and my heart breaks for casualties on their fight to exist and in their fight on the house by dropping a small non- both sides, but Hamas uses their citi- against terrorism. penetrating bomb on the roof to let zens as human shields. They build their I thank my friend. people know they are serious. Unfortu- bomb factories, and they build their Mr. STEWART. Thank you, Mr. nately, Hamas has responded by stop- missile factories in mosques and ENGEL. Thank you for your service on ping people from fleeing and even forc- schoolyards. Missiles were even found the Foreign Affairs Committee. You bring up such a great point. This ing them onto the rooftops as human in United Nation schools. They do this shields. is a bipartisan issue. There is agree- deliberately because they apparently Thankfully, the Iron Dome missile ment on both sides of the aisle. We don’t value human life at all. defense system has stopped rockets have got servicemembers, military Let’s just imagine if we, in the from reaching their targets in Israel. members, school teachers, and busi- United States, had a terrorist group As Prime Minister Benjamin nessmen. We have got people from all over the border in Canada firing rock- Netanyahu said: backgrounds who want to speak on this ets, hurting people in New York or Israel uses its missile defense system to tonight. Frankly, we have got more Michigan. Wouldn’t we respond? save human lives. Hamas uses its people to people who want to join in this Special save its missiles. If there were terrorists in Mexico that were firing into Arizona, Texas, or Order than we have time for. We need to be standing strong for the I would like to now yield to Mr. COL- California, would we just simply let only democracy and our greatest ally LINS from Georgia. He has a unique per- our people be targets? Wouldn’t we re- in the Middle East. We need to let spective as a member of the House For- spond? Wouldn’t we go over the border other nations know we will never aban- eign Affairs Committee as well. He and try to root out the terrorists, root don Israel, and they need to join us in served as a chaplain in the Air Force out their missiles, root out their tun- speaking out against the affront to na- since 2002 and a combat tour in Iraq in nels if there were? That is precisely tional sovereignty and to human de- 2008. what Israel is trying to do. cency. We need to be offering assist- Mr. COLLINS, thank you for your ance to stop these attacks and help I am introducing the emergency Iron service. Israel stay safe. Dome replacement act. The Iron Dome, It is time for Hamas to agree to a which has been Israeli-created and b 1830 total cease-fire. Any loss of life is trag- American-funded, has saved countless Mr. COLLINS of Georgia. Thank you ic, and Hamas needs to end their bla- numbers of Israeli lives, and by the as well for yours, and thanks for doing tant disregard for their citizens and way, Hamas has the nerve to talk this tonight. agree to end the attacks. about civilian casualties when it has Mr. Speaker, this is an easy one for Please join me in praying for the targeted, day after day, week after me. I stand with the State of Israel as peace of Jerusalem. week, month after month, year after well as her right to defend herself. It is Mr. STEWART. Thank you. We have year, Israeli civilians. That is what amazing to me at times that that is so many people who want to join in they do. even called into question, because this conversation tonight. We are Israel targets the missiles—and there Israel has proven time and time again grateful for many of those who partici- are some civilian casualties because of that it is very capable of defending her- pated. the way the Palestinians put their mis- self, and it is amazing to me that the

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I am in efforts towards a peace that will last in place than at any time in history, with firm support of Israel’s decision to Israel in this area. Israel threatened on several fronts by launch a ground operation, and I hope Mr. STEWART. I thank you for your well-armed and well-funded terrorists this conflict will be resolved quickly comments and for your support, Mr. who are distressingly close to pos- and negotiations for a permanent COLLINS. sessing weapons of mass destruction. cease-fire will occur soon for this area. I now am happy to introduce the This cannot happen. Currently, Israel’s strategic objective newest Member of Congress, Mr. CLAW- This is not a time for partisan bick- is to eradicate Hamas’ ability to ter- SON from Florida. ering between Democrats and Repub- rorize Israel. Prime Minister Mr. CLAWSON of Florida. Thank you licans or between the Congress and the Netanyahu gave the go-ahead to send very much for this time. administration. It is a time for a na- ground troops into Gaza after a 10-day Mr. Speaker, we are living in a time tional discourse to educate the public air operation failed to diminish Hamas’ of significant crisis at home and world- about the dangers out there, with the rocket barrage. wide. goal of national unity and resolve to Think if the U.S. were being tar- We have a humanitarian and a na- stand behind Israel—the only demo- geted. Do you think we would wait a tional security crisis on our own bor- cratic state in the world’s most dan- day to execute a ground incursion, let der, and all Americans are deeply con- gerous neighborhood. alone 10 days? Absolutely not. cerned and are looking for solutions. Speaking as a freshman Congress- In fact, Israel and Egypt tried to ne- Simultaneously, we see a border crisis man—the newest Congressman—I gotiate a cease-fire with Hamas, but in the Middle East that makes our own pledge to work with my colleagues to Hamas was unwilling to accept it. We border crisis pale by comparison. We seek better ways of working together see the true stripes of Hamas when see our friend and ally Israel attacked in support of the State of Israel and its they will not come to the table and physically but also, sadly enough, at- right to exist. when they, instead, want to basically tacked in the media. It is our solemn In these times of peril, I believe it is put their own citizens up as human duty, I believe, to address this crisis as our duty to work as a team and to shields. well as our own crisis on our own bor- stand with Israel. Together, we can I have received a lot of feedback from der. seek a path to lasting solutions in the folks in the Ninth District who feel Israel’s borders have been attacked Middle East. The alternative cannot very strongly about the United States’ by over 2,000 rockets, launched by happen. America must come together support for Israel from the beginning, Hamas, with a total disregard for inno- to support Israel. Mr. STEWART. Thank you, Mr. when the three young Israeli teens cent lives. Within Gaza, Hamas sets up CLAWSON. We look forward to serving were kidnapped. Georgians empathized their rocket launchers in the midst of with you in the future, and we, once with the pain of the nation and with apartment buildings, mosques, and again, welcome you. the hope that the three teenagers U.N.-sponsored schools—using civilians It is now my honor to introduce my would be returned to Israel, unharmed. as human shields. Hamas is not seeking good friend and someone I have come Unfortunately, their bodies were dis- to minimize collateral damage but, to respect and admire, Mrs. WALORSKI covered in a Palestinian-controlled rather, to maximize it. Meanwhile, ele- from Indiana. She is the daughter of an area. They had been brutally murdered ments of the media fuel anti-Israeli Air Force veteran and serves on the at the hands of Hamas. propaganda with scenes of innocent House Armed Services and Veterans’ I think my constituents would agree dead and wounded Palestinians, adding Affairs Committees. when I say a peaceful solution to end to Israel’s dilemma—falsely asserting Mrs. WALORSKI. I thank the gen- this conflict between Israel and the that the Israel Defense Forces are com- tleman from Utah for yielding. residents of the Gaza Strip is preferred. mitting war crimes. Mr. Speaker, as with past conflicts in Hamas, on more than one occasion, The fact is that Israel is responding the Middle East, much of the media however, has rejected the cease-fires with careful precision, taking extraor- focus in this current conflict between that Israel was more than willing to dinary steps that few nations would Israel and Hamas has been on the death agree to. We as Americans understand take to protect lives on both sides of tolls on both sides, but what this re- fighting terrorism is a constant fight, this fight. Israel’s Iron Dome is shoot- porting neglects to mention is Hamas’ and this is yet another reason we must ing down rockets that would otherwise destruction of its own people. Legiti- continue to work towards combating kill Israelis. Israel is warning civilians mate governments understand that one terrorism, not just on American soil, in Gaza in advance of attacking ter- of the most important duties of any na- but by supporting our allies in their rorist infrastructure there. Israel takes tion is the protection of its people and fights against terrorism. extraordinary steps to minimize collat- the protection of innocent civilians. Our support is shown in many ways, eral damage. Israel wants peace. Israel goes to great lengths to avoid but the biggest is in the Iron Dome de- Hamas seeks the destruction of Israel. targeting civilians, from its use of pre- fense system. Hundreds of Hamas’ This cannot happen. cision-guided weapons to sending out rockets have been intercepted by the The United States must stand firmly phone and text warnings to evacuate Iron Dome, and it has protected those with Israel and against Hamas and buildings before it carries out a strike. in Israel who are being terrorized by take a leadership role in convincing Yet Hamas’ leaders are willing to sac- Hamas. Hamas is hiding behind Pal- the world to do likewise. rifice their own people in an attempt to estinians—their own people—to protect We must remember the threats ex- score political points. Hamas continues their rockets while Israel is protecting tend beyond Gaza and Hamas. to force civilians, including women and their people with the Iron Dome. These Hezbollah, the Islamist militant group children, to stand in harm’s way and are the things that must be reported, and Iranian surrogate based in Leb- literally act as human shields for the and these are the things that must be anon, possesses thousands of rockets terrorist leaders and properties, caus- looked after. A peaceful solution needs on another part of Israel’s border. ing Israeli strikes on legitimate mili- to be found soon. ISIS—evolved from al Qaeda in Iraq— tary targets to result in the loss of in- The administration needs to get its has declared an Islamic caliphate in nocent lives. priorities correct. Israelis understand major areas of Syria and Iraq, threat- As General Conway, the 34th Com- this, and that is why they need to con- ening the entire region, but especially mandant of the United States Marine tinue to protect themselves. The re- Israel. Iran, the world’s exporter of ter- Corps, recently wrote in The Wall sources going to Gaza should be used to rorism—committed to the destruction Street Journal, there is a clear and ob- build schools and hospitals and infra- of Israel—continues to hold nuclear vious ‘‘moral chasm,’’ he says, between

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.095 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7031 Hamas and Israel. Hamas has always of rockets launched against Israel by How can Israel negotiate with enti- targeted civilians, and they continue the terrorist group Hamas are a delib- ties on a mission for its destruction? to target civilians. It is their standard erate attack on the State of Israel and The answer is moral authority. Israel operating procedure, and it is one of the Israeli people. stands for peace, democracy, the rule the reasons it makes them a terrorist I stand with Israel’s right to exist in of law, human rights, liberty, an even- organization. peace and to protect itself. I stand with tual two-state solution, and peace Sadly, though, what we are seeing in Israel in terms of its efforts to defend through strength. this conflict is nothing new. This is the itself, and I support the very important In this time of great moral crisis, third time in less than 6 years that Iron Dome, Arrow program, and Da- now is not the time for neutrality. fighting has broken out between Israel vid’s Sling program, which keep the Nearly 800 people proudly stood in soli- and Hamas. Israeli people safe. I stand with Israel darity with Israel earlier this month at In order to secure peace and stability in its effort to destroy the ability of the New Jersey headquarters of the in the Middle East, America, our allies, Hamas’ to attack Israel’s people and Jewish Federation of Greater and anyone else truly concerned about its territory. MetroWest as we rallied for Israel. To- the safety of civilians on both sides of Mr. Speaker, I stand with Israel. night, that same energy is here in the border should focus on keeping Mr. STEWART. Thank you, Chair- Washington, where I join many other weapons out of the hands of Hamas’ man FRELINGHUYSEN, for your com- lawmakers in further conversation as leaders. We must condemn anyone— ments and for your leadership. how best the United States can assist It is now my honor to introduce Mr. perhaps, most importantly, Iran—who our friend in need. LANCE from New Jersey. He served for is supporting and arming Hamas. Iran Israel must never lose its resolve, its many years in the New Jersey State supplies Hamas with rockets and train- mission, its purpose, or forget its proud Legislature and now serves on the pow- ing. Just yesterday, Iran’s supreme history, and the United States must erful House Energy and Commerce leader declared on Iranian national TV: support our great ally as it fights to Committee. preserve its very existence. Everyone, whoever has the means—espe- Mr. LANCE. Thank you very much. cially in the Islamic world—should do what Mr. Speaker, for those of us in the Mr. STEWART. Thank you, Mr. they can to arm the Palestinian nation . . . United States who value Israel, its peo- LANCE. The Zionist regime deeply regrets starting As the manager of this Special Order, ple and its value—symbolic and real— this war, but it has no way out. I have to be prepared to fill the time if these are heartbreaking times. Our We must stand strongly with Israel we need to, to fill any gaps in the con- world’s most sacred lands are again as it exercises its legitimate right to versation, and very clearly that has brutalized by terror as evil tries to ex- self-defense. We must call on the inter- not been necessary tonight. We have so tinguish the Jewish state. Though we national community to join us in con- many eloquent Members who are anx- may be far in distance, our spirit, sup- demning Hamas for their human rights ious and are stating this case so power- port, and resources are needed. The violations. fully. United States stands in solidarity with Everyone wants the current conflict Mr. Speaker, I yield to the gentleman Israel and its fundamental right to de- in Gaza to end, but how it ends is criti- from Arizona (Mr. FRANKS), who also fend itself. cally important. The conflict can only The ongoing crisis in Israel may feel serves on the Armed Services Com- be truly over when there are no rock- a world away to some, but the signifi- mittee and Judiciary Committee and is ets, when there are no tunnels, and cance cannot be understated: a free also chairman of the Constitution Sub- when Hamas has been completely dis- people and democratic ally of our Na- committee. armed and defeated militarily and po- Mr. FRANKS of Arizona. Mr. Speak- tion faces continued war by elements litically. er, Congresswoman MICHELE BACHMANN of hate and intolerance similar to Mr. STEWART. We thank you, Mrs. and I recently introduced H. Res. 622 to those who have claimed the lives of WALORSKI. Beautifully said. defund the Palestinian Authority. We millions, forever scarred the face of the I now would like to introduce some- have now 27 bipartisan cosponsors in Earth, and brought this battle to our one I have come to have tremendous the House of Representatives, and just shores 13 years ago. respect for. He brings not only a unique To know terror, look at their tactics. today we received nearly 28,000 signa- perspective but great experience to this While Israel uses weapons to shield tures supporting this policy. question as chairman of the House Ap- women and children, Hamas uses Mr. Speaker, may we all remember propriations Defense Subcommittee. women and children to shield weapons. that Yasser Arafat, the founder of the He is also a U.S. Army Vietnam vet- Palestinian Authority, proclaimed eran; although, he appears to be far too b 1845 early on: ‘‘We plan to eliminate the young for that. When Israel offers a cease-fire, State of Israel and establish a purely Mr. Chairman, I yield to you. Hamas orders more rocket launches. Palestinian state. We will make life Mr. FRELINGHUYSEN. I thank the When Israel offers compromise, Hamas unbearable for the Jews by psycho- gentleman for yielding. calls for more bloodshed. Israel needs logical warfare and population explo- Mr. Speaker, I stand with Israel. and deserves the support of the world sion. We Palestinians will take over ev- There are certain principles that gov- community, not a lecture from media erything, including all of Jerusalem.’’ ern the conduct of nations that are so commentators. If the United States Mr. Speaker, Mahmoud Abbas, the basic—so fundamental—that the world were under daily rocket assault, as- current head of the Palestinian Au- should never have to be reminded of suredly, the press would not question thority, has taken this mantra to its them. The most fundamental of these our right to keep Americans safe. insidious end by publicly uniting with is simple and straightforward: a nation Many of us in Congress have worked the terrorist group Hamas, which is has the right and the obligation to de- together in a bipartisan fashion to sup- really the Muslim Brotherhood. fend its people and its territory from port Israel. Look no further than the Let me make this very clear, Mr. attack. Unfortunately, however, this Iron Dome capability at the center of Speaker. The Hamas and Palestinian fundamental principle does not bear re- Israel’s current defense apparatus. The Authority have now become one and peating tonight because too many Iron Dome has been the guardian of a the same. Yet, even as Hamas has con- around the world seem to have forgot- people under siege, and it was con- tinued to launch cowardly attacks ten it or too many seem to think it structed with the help of American in- from neighborhoods in Gaza, hiding be- only applies to every nation but one— genuity, American technology, and hind innocent women and children and the State of Israel. American funds. making civilian casualties a deliberate Make no mistake. It applies to Israel Countless other measures have strategy, this President has responded just as it applies to every nation on the sought to assist Israel, including legis- by heralding President Mahmoud face of the Earth. lation recently passed here in the Abbas as a man of peace. Every nation—every one—has the House, to disrupt to the greatest ex- Mr. Speaker, in spite of the Presi- right and the obligation to defend its tent possible international financing dent’s astonishing failure to do so, people and its territory. The thousands capabilities of terror networks. Congress must continue its steadfast

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.096 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7032 CONGRESSIONAL RECORD — HOUSE July 29, 2014 commitment of supporting Israel to No U.S. funds should go towards the As for me, I have made my choice. I protect against Hamas’ thirst for Palestinian Authority or its institu- am proud to support the Jewish State, death, and the first step in doing that tion so long as Hamas is part of a unity and I stand with Israel because Israel is to defund the Palestinian Authority. Palestinian Government. embodies all the values I embrace— Mr. STEWART. Thank you, Mr. Secretary Kerry’s recent actions peace, democracy, tolerance—while the FRANKS. have actually hampered a cease-fire. values of Hamas—hate, extremism, vio- Mr. Speaker, I am happy now to yield This administration continues to be- lence—violate everything I believe. to the gentleman from Pennsylvania friend our enemies and make enemies Mr. STEWART. I thank the gen- (Mr. PERRY), a good friend of mine, of our friends, and it must stop, Mr. tleman from Michigan. He has stated someone, once again, that I have come Speaker. It is critical for the U.S. to it, once again, like many others, very to respect greatly. For one thing, he is reiterate our support for our ally, our powerfully. a colonel in the Army National Guard. only ally there, which is Israel, includ- Mr. Speaker, in conclusion tonight, I I was only a major when I separated ing its right of its people to live in yield to the gentleman from New Jer- from the Air Force, so, of course, I sa- peace and to defend itself. sey (Mr. SMITH), who, once again, as a lute him every time I see him. He sits Mr. STEWART. Thank you, Mr. senior member of the Committee on on the Homeland Security and also PERRY. Foreign Affairs, has great experience Foreign Affairs Committees. Once again, I have the honor of yield- and is unquestionably like many of us, Mr. PERRY. Mr. Speaker, I would ing to the gentleman from Michigan a strong supporter of Israel. like to start by thanking the great (Mr. BENTIVOLIO), a Member with a Mr. SMITH of New Jersey. I thank gentleman from Utah who is, indeed, a unique background, who, while sta- my good friend from Utah. I thank him friend, and I thank him for his service. tioned in Iraq with the Michigan Army for his service to our country and for, We have heard much tonight about National Guard, he, himself, experi- again, bringing us all together this Israel and the rockets and everything enced rocket attacks. This happened on evening. that is happening in that part of the a regular basis, so I think he speaks Mr. Speaker, I rise today to call on world, but one thing we haven’t talked the President of the United States to with some authority on the subject to- about much is the United Nations give Israel the robust and vigorous sup- night. Human Rights Council, which really Mr. BENTIVOLIO. I thank the gen- port it deserves. can’t be taken seriously as a human Since the latest round of unprovoked tleman from Utah (Mr. STEWART). He is rights organization, and I will tell you rocket barrages were launched on July a true friend of Israel and a friend of why. 6 by Hamas, Israeli citizens have lived mine as well. Let’s talk about some of the mem- under a relentless rocket attack, mor- Mr. Speaker, I rise in strong support bers on that: Cuba, Russia, Congo, tar fire, even attack from Hamas drone of Israel and its right to self-defense as Ivory Coast, Venezuela, and China. aircraft and a foiled sea raid. When you think about Cuba and Ven- it faces the ongoing threat of terrorist Israel itself has lived under a media ezuela, they outlaw political dem- rockets from Gaza. attack, a calculated campaign to iso- onstrations in their country, but yet Picture the scene. You are walking late Israel for defending itself. Major they are on the Human Rights Council down the streets of Tel Aviv. You look articles in international newspapers judging Israel. When you think about around you. You see men, women, and around the world take a grossly anti- Ivory Coast or Congo, they allow gen- children of all ages. To your right is an Israeli slant. ital mutilation in their country, yet elderly man with a walker. A few paces Make no mistake about it, Mr. they are judging Israel. ahead is a mother with her stroller. It Speaker. A major purpose of Hamas’ Now, this commission established a is peaceful. It is calm. It is the embodi- rocket attacks is to provoke counter- commission to probe alleged war ment of urban normality. And suddenly attacks, thereby to use the inevitable crimes in violation of international you hear it. Everyone instinctively civilian deaths to set up an inter- law by Israel for defending its citizens knows what it is and, in a split second, national media campaign against against rocket attacks and terror tun- everything changes. It is the red alert Israel. Hamas is guilty of sacrificing nels. I mean, really? A competition to siren. A rocket is racing toward the Palestinian lives and is guilty of using probe the war crimes from Israel. city at breakneck speed. Only seconds women and children as human shields Now, what they should be doing, in- remain to find refuge in a bomb shel- in a brutally cynical attempt to manip- stead, is focusing on Hamas, which uses ter. And the rocket could land any- ulate world public opinion and isolate its citizens as human shields while its where: on a preschool, on a hospital, on Israel. commanders flee to bunkers. If Hamas a random family home, or perhaps on Mr. Speaker, the facts on the ground uses human shields to protect its rock- the mother and her stroller up ahead. of Hamas attacks were clear from the ets, I mean, is that Israel’s fault for de- Mr. Speaker, this is the threat that start and follow long-established pat- fending itself? But somehow, as Ameri- Israel faces from Hamas and other ter- terns. It is time our government sent a cans, we are told that that is what we rorist groups in Gaza, which delib- much more powerful and unambiguous should believe. erately target Israeli civilians, which message that the U.S. fully supports Everybody—everybody—in this indiscriminately kill, maim, and ter- Israel’s right to defend itself. Chamber, every American is saddened rorize, and whose sole purpose is to de- The administration should emphasize by the tragic loss of innocent life on stroy the State of Israel. that Israel’s actions in its own defense both sides of the conflict. However, When faced with such a complete ab- are legal, that they are right, and that let’s be clear. It is Hamas, a designated sence of basic moral inhibition by a the U.S. stands with Israel without any terrorist organization, that has refused brutal enemy, it is Israel’s right—nay, ifs, ands, or buts, or so longs or any to deescalate this conflict. its duty—to forcefully respond in order other qualifiers. Recently, I heard a reporter and to eliminate the threat. It is not dis- As of yesterday, since the start of some other folks saying: Well, in Gaza, proportionate. It is self-defense, pure Israel’s Operation Protective Edge, where should the Palestinians go? It is and simple, and it is precisely why the 2,500 rockets have been fired at Israel small. There is nowhere to go to avoid State of Israel deserves our unwavering from Gaza. 1,875 of these have landed in the rockets from Israel. Where should support at this time. Israel; 495 have been shot down by Iron they go? It is also why no government that Dome. Also, as of yesterday, the IDF They should stay right there and quit claims to be interested in peace can has uncovered in Gaza 32 tunnels, with firing on Israel, quit digging tunnels credibly partner with a group like more than 60 access shafts, some of into Israel. That is what they should Hamas. It is past time for the Pales- which were in mosques and houses. do, and then this problem would relieve tinian Authority’s president to dissolve Anyone who has read today’s feature itself. I mean, who dug these tunnels? his unity governing arrangement with in The New York Times, ‘‘Tunnels Who has fired over 2,000 rockets into this appalling terrorist group. Lead Right to the Heart of Israeli Israel? They don’t have to go any- We can’t have it both ways. We can Fear,’’ understand what these tunnels where. They just need to quit attack- choose to make peace with Hamas or mean. The tunnels are about 50 feet un- ing Israel. with Israel. derground, mostly undetectable like

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.097 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7033 this one to my left, and underground seek only for death and destruction, So what we have here are two sides: equipment cannot even discover their we, the American people, will always virulent anti-Semites on one side, and whereabouts. stand in your way. on the other, a democratically elected The story quotes Eyal Brandeis, who And with that, Mr. Speaker, I yield government that appears resolved to lives in Kibbutz Sufa, and he says: back the balance of my time. take them on. Rather than throw our It is a very pastoral environment. I live in f hands in the air and say that France is a horribly anti-Semitic place and that the quiet of the green grass, the trees. It is ANTI-SEMITISM not pleasant, though, that you sit one day on all the Jews should leave, we ought to the patio drinking coffee with your wife and The SPEAKER pro tempore (Mr. get in this fight. a bunch of terrorists will rise from the MCALLISTER). Under the Speaker’s an- Anti-Semitism is a complicated ground. nounced policy of January 3, 2013, the issue, not a black-and-white issue. Yes, That is exactly what happened a mile gentlewoman from New York (Ms. France has a deep history of anti-Semi- from his kibbutz at dawn on July 17. MENG) is recognized for 60 minutes as tism, but it is also a country that has Many Israelis are more concerned the designee of the minority leader. had a Jewish President and one that about the tunnels than the rockets. GENERAL LEAVE nearly elected another a couple of Perhaps that gives us some insight into Ms. MENG. Mr. Speaker, I ask unani- years ago. It has the third-largest Jew- the dimension of the Hamas terrorist. mous consent that all Members have 5 ish population in the world, and there I note, Mr. Speaker, that despite legislative days to revise and extend is a reason for that. It is also a country these rocket attacks by Hamas and their remarks and include extraneous that historically has proven itself ca- tunnels, Israel continues to permit the material on the subject of my Special pable of changing. We need to recog- transfer to the Gaza of humanitarian Order. nize this history and work with supplies and goods. Israel’s humanity The SPEAKER pro tempore. Is there France’s leadership and civil society to while under terrorist fire, its continued objection to the request of the gentle- fight this battle and remain hopeful. effort to do everything it can to sepa- woman from New York? What happens here will, I believe, af- rate terrorist militants from Pales- There was no objection. fect the future of the Jewish people. Ms. MENG. Mr. Speaker, we gather tinian civilians, only underscores the This brings me to the domestic di- this evening to discuss anti-Semitism. evil nature of Hamas. mension of our problem. We obviously It is a plague that has ravaged the have anti-Semitism in this country as b 1900 world for thousands of years, yet in the well, although not to the degree we see Mr. Speaker, Hamas was designated a last few weeks, it has reared its ugly it in Europe. It is essential that Jews foreign terrorist organization in 1997, head globally in a way we have not and non-Jews speak about this problem and it has adopted its charter, the fa- seen in a long time. to their own communities, and we have mous Covenant of the Islamic Resist- It is truly shocking. From Berlin to to continue to encourage that here in ance. That charter remains its ideolog- New York, we are hearing chants of Congress. ical program. ‘‘Gas the Jews.’’ And this is not hyper- In New York, Mr. JEFFRIES and I are bole. We are actually hearing chants of Only yesterday, Khaled Meshaal, the leading a program whereby Jewish, ‘‘Gas the Jews’’ around the world. leader of Hamas, spoke on the Charlie Asian, and African American college And these are not isolated incidents. students are gathering to discuss for- Rose show in response to a question, We are seeing hundreds and thousands ‘‘Do you want to coexist with the State eign policies and the perspectives of of people rallying and sometimes at- the respective communities in relation of Israel?’’ He said, ‘‘No.’’ He said, tacking synagogues in Europe. It is one ‘‘No.’’ Hamas doesn’t want peace or to key foreign policy issues. thing to protest against events going We must speak regularly about reconciliation or coexistence. It wants on in the Middle East, but there is sim- to utterly destroy the State of Israel. Israel, BDS, and other issues of impor- ply no justification and no reason for tance to our Jewish friends and neigh- I have further comments I will be doing it right outside any Jewish place saying later on this evening about the bors, not just when there is a major of worship. These are brazen acts of international incident. The reason I charter. Please read the charter. It anti-Semitism. couldn’t be clearer. Hamas wants to de- say this is because it is also far easier Now, I cannot possibly understand to hate someone you don’t know than stroy Israel. anti-Semitism to the same extent as Mr. STEWART. Mr. Speaker, that to hate someone that you do know. my Jewish friends. But I think it is Mr. Speaker, as we head into the Au- was powerfully said. crucial that non-Jews speak out force- gust recess, I urge my colleagues of all In conclusion, as we wind down our fully against this disease because to ef- stripes to discuss the dangers of anti- time tonight, let me just finalize with fectively combat anti-Semitism, we Semitism with their communities and these thoughts. need non-Jews to step up and also lead to build bridges between communities There is a great line from a speech on this issue. so that we may reduce hatred and big- that would have been given by John F. I would like to focus my remarks otry. Kennedy in November 1963 if he had today on two related issues, the inter- I also urge my colleagues as states- been allowed to give that speech before national and domestic dimensions of men and -women to engage the inter- he was assassinated. And he said: ‘‘This anti-Semitism. national community in a positive way people, this generation, not by choice, With regard to anti-Semitism beyond on this issue and believe in and fight but by destiny, are set to be the watch- our borders, I would like to focus on for a Europe and world of lesser anti- men on the wall of world freedom.’’ one case, that of France. I am focusing Semitism. We may not like the fact that we on France because I think it is really With that, I would like to yield to have to lead in the world. We may not the front line right now in the war the gentlewoman from Florida, Ms. like the responsibility. We may not against global anti-Semitism, and I DEBBIE WASSERMAN SCHULTZ, the first like the cost. We may not like the has- think it is an instructive case for how Jewish woman from Florida elected to sle or the criticism or sometimes the policy leaders here can face this issue. Congress, a tireless advocate and one of hatred that is directed toward us. But In France right now, there is a war. the great Jewish leaders of our time. it doesn’t matter. We have to lead. If On the one hand, we see some of the Ms. WASSERMAN SCHULTZ. I we don’t do it, who will? If we don’t most widespread and atrocious acts of thank the gentlewoman from New lead, we give power to our enemies, and anti-Semitism, but on the other hand, York, particularly for her leadership in we weaken our friends. we see a government—most particu- stepping up and bringing to the floor of We have a chance here tonight to larly, Prime Minister Valls—acting the United States House of Representa- make a statement to the world. To the forcefully against anti-Semitism. The tives the incredibly important topic of people of Israel, we stand by your side. words and actions of the French Gov- anti-Semitism, not just nationally but To the peace-loving people of Gaza, we ernment, most particularly Mr. Valls’ globally, because much of the conflict stand with you as well. But to the ter- recent assertions that anti-Zionism is that exists worldwide today, unfortu- rorists who seek for the destruction of anti-Semitism, are unprecedented and nately, stems from poisonous anti- Israel and to the leaders of Hamas who should be acknowledged as such. Semitism.

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.098 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7034 CONGRESSIONAL RECORD — HOUSE July 29, 2014 The gentlewoman from New York Many not close to this issue may ask neighbors, used as scapegoats for eco- represents the district that my parents why. To us, it is very clear. This recent nomic downturns and disasters, and grew up in and neighborhoods and com- surge of anti-Semitism is born out of commonly accused of being disloyal to munities with a proud Jewish immi- knee-jerk vitriolic reaction to the con- their home country. grant tradition. And she also rep- flict raging in Israel and Gaza. But this But this hatred, unfortunately, is far resents the Asian American commu- conflation of anti-Semitism with the from gone. It continues in a range of nity that has come and joined that recent actions of Israel in defense of manifestations, from Holocaust denial crowd and vibrant ethnic community her people is completely misplaced. to suspicion of Jewish influence over of immigrants who have contributed so Israel’s actions are a direct response international affairs and, tragically, much to the United States’ rich tap- against rocket attacks from a terrorist even in the shooting of innocent Jews. estry of diversity. And it is diversity organization whose stated mission is In recent days, we have seen a new that we celebrate. But, unfortunately, Israel’s destruction and that thrives on face on this age-old bigotry. We are it is not a difference that everyone a continuing narrative of anti-Semi- seeing demonstrations around the celebrates, as we have seen with the tism and hatred. world that claim to be protesting precipitous and poisonous rise in anti- Unfortunately, we only see a few lone Israel’s actions against Hamas but too Semitism. voices around the world protesting easily and far too often, political oppo- So from the bottom of my heart, as a against a Hamas government that sition to Israel’s policies and actual ha- Jew, and as the representative of a sig- knowingly and willingly puts its citi- tred toward Jews are conflated and are nificant Jewish population, myself, zens, its children, in harm’s way, plac- indistinguishable. thank you so much for your leadership ing them in jeopardy and sacrificing b 1915 and bringing this important issue to their lives to engender sympathy for the floor of the House of Representa- their evil cause. It is clear, unfortunately, that many tives, because it is only through shin- We hear little from much of the people are using the current conflict, a ing a light on anti-Semitism that we world against a terrorist organization facade of anti-Zionism, or anti-Israel are going to be able to help educate that chose to invest in rockets and sentiment, as a thin veil to cover up a people and fight back. building tunnels for plotting mur- much more deep-seated hatred toward And I rise today, Mr. Speaker, to derous attacks against innocent civil- Jews. condemn the alarming increase of anti- ians instead of investing in homes and Let me be clear. It moves far beyond Semitism that we have witnessed over schools and hospitals for its citizens. a political statement when your inten- the last few weeks. The Anti-Defama- Instead of condemning these cow- tion is to incite—incite violence and to tion League released a terrifying re- ardly practices by Hamas, we have, incite violence against Jewish targets port just last month about anti-Semi- however, seen people rage equally especially. tism growing throughout the world. against Israel, Israelis, and Jews any- Since the military operation began Tragically, my own constituents where. The words and phrases that on July 8, over 100 anti-Semitic inci- have personally experienced terrifying these protesters are using cannot be dents have been reported in the United and heinous crimes against them just spoken on this House floor. They have Kingdom alone. On July 18, four teen- this past week. On Monday morning, been dug up from the worst episodes of agers assaulted a rabbi in Gateshead, congregants and neighbors were horri- human history. and separately, in Belfast, a synagogue fied to find that swastikas had been That is why I am proud to stand with was damaged when bricks were thrown spray painted on the walls of Torah my colleagues tonight, to stand with through the windows. V’Emunah synagogue in Miami-Dade President Obama and Secretary Kerry, France has also experienced a signifi- County. In Miami Beach over the week- and send a clear message that these ac- cant number of incidents across the end, a Jewish couple found their car tions will not be tolerated. We must country. In Sarcelles, a kosher store had been egged and the words ‘‘Hamas’’ stand by the commitments we made as was the target of a Molotov cocktail, and ‘‘Jew’’ had been smeared on their a community and as a world to never and last month, two Jews were sprayed cars. again stand silent in the face of this with teargas. These deplorable acts are atrocious kind of horror, this kind of bigotry, In Paris, two synagogues were at- and despicable. For all of us who care tacked on July 13 while the mob about the rights of minority popu- this kind of injustice. We will not stand idly by as vitriolic chanted ‘‘death to the Jews.’’ In Tou- lations in this country, who celebrate speech turns into violence against in- louse, Molotov cocktails were thrown the rich diversity that makes up our at a Jewish community center, but great Nation, we cannot and we must nocent people. Never again. Ms. MENG. With that, I would like to thankfully, the attacker missed the not be silent. target. Particularly in Toulouse, these It is amazing to many of us that yield to my friend from Florida (Mr. incidents evoke memories of the awful these actions are occurring in 2014, not DEUTCH), the ranking member of the shooting that happened 2 years ago in 1930s Nazi Germany. But, unfortu- Subcommittee on the Middle East and nately, we are also witnessing what North Africa, a mentor on many of when three Jewish children and a Anti-Defamation League director and those issues, a good friend, fellow Wol- teacher were shot and killed at a Jew- holocaust survivor Abe Foxman re- verine, tireless fighter, and defender of ish day school. cently called the worst anti-Semitism Israel. In Germany, long touted—appro- since World War II. Mr. DEUTCH. I thank my friend from priately so—for its extensive protective As the gentlewoman from New York New York (Ms. MENG). I appreciate policies against anti-Semitism, Jews detailed, in France, in an episode that very much your dedicating this hour to are witnessing anti-Semitic slogans is chillingly reminiscent of this important topic. I appreciate your and chants that now seem so out of Kristallnacht, we witnessed angry riot- leadership. I am proud to be here with date and out of place. ers throw firebombs at synagogues and you. I am proud to be here with my Only a few days ago, a Jewish man ransack and destroy Jewish-owned friend and my neighbor from Florida wearing a yarmulke was assaulted on businesses. In Belgium, a cafe actually (Ms. WASSERMAN SCHULTZ), a powerful the streets in Berlin and hit in the publicly displayed a sign saying dogs and eloquent spokeswoman on these face. In Essen, a group of anti-Israel were allowed in the cafe, but Jews were issues that means so much not just to protesters, reportedly on their way to not. the Jewish community but to all of attack a synagogue, were arrested for Thankfully, we have seen the leaders America. conspiracy to commit a crime—and the of European countries, including Ger- And I am glad to be here with you to statements, the screaming, in Frank- many, France, and Italy, condemn this condemn the increase of anti-Semitism furt, ‘‘You Jews are beasts;’’ in Paris, kind of behavior. There are countless around the world. ‘‘Death to the Jews;’’ Gelsenkirchen, voices across Europe speaking up in Anti-Semitism isn’t a new issue faced Germany, chants of ‘‘Hamas, Hamas, the face of this barbarism. by Jews. For centuries, Jews have been Jews to the gas.’’ But this anti-Semitism is real. This targeted, persecuted, sometimes by All over the world, not just state- hatred is real, and the violence is real. their governments, sometimes by their ments, but the vitriol found on social

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.100 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7035 media as well is not only abhorrent, it my friend, Ms. MENG, for bringing us consciences, deteriorating character, is chilling, but these incidents, as my together today. and annihilating Islam.’’ colleagues have described, are not tak- Ms. MENG. In conclusion, we stand Article 32 charges that the plan of ing place only abroad. today united as a Congress to condemn the so-called Zionist is embodied in one Just this past weekend, as my friend acts of anti-Semitism through the of the greatest libels of all human his- from Florida related, a synagogue in world and right here in our commu- tory, the ‘‘Protocols of the Elders of her district was vandalized with the nities. Hate is never the answer. We Zion.’’ words ‘‘Hamas’’ and swastikas spray- must always speak up. All of this, Mr. Speaker, recalls painted on the front column. Nearby, a I would like to end by reciting a well- Natan Sharansky’s ‘‘3–D test of anti- Jewish family woke up to find one of known poem by Martin Niemoller: Semitism,’’ which he called demoniza- their cars completely covered in eggs, First, they came for the socialists—and I tion, double standards, and and on another car was written ‘‘Jew’’ did not speak out because I was not a social- delegitimization. and ‘‘Hamas.’’ ist. Then they came for the trade unionists— Sharansky twice testified in hearings Yesterday, outside my own office in and I did not speak out because I was not a that I chaired on combating anti-Semi- Boca Raton, Florida, during a rally, a trade unionist. Then they came for the tism and proposed what he called the few angry individuals screamed, Jews—and I did not speak out because I was simple test to help us distinguish le- not a Jew. Then they came for me—and ‘‘Throw the Jews into the sea.’’ there was no one left to speak for me. gitimate criticism of Israel from anti- A former employee of mine recently Semitism. Mr. Speaker, I yield back the balance posted a story of an occurrence that As he put it, the three Ds are, again, of my time. happened to him last weekend. He said: demonization—he said: f Today, I was walking home alone from When Israel’s actions are blown out of all synagogue, minding my own business. When HAMAS sensible proportion; when comparisons are I got to the crosswalk, I waited for the light The SPEAKER pro tempore. Under made between Israelis and Nazis, this is anti- to turn, so I could cross safely. While wait- Semitism, not legitimate criticism of Israel. the Speaker’s announced policy of Jan- ing, a car pulled up in front of me where a Second, the double standard: young man rolled down the window and uary 3, 2013, the Chair recognizes the yelled, ‘‘Jew, Hitler was right,’’ and then gentleman from Arizona (Mr. FRANKS) When criticism of Israel is applied selec- drove off. for 30 minutes. tively, when Israel is singled out by the I remind you this was not at a rally. I was United Nations for human rights abuses Mr. FRANKS of Arizona. Mr. Speak- while the behavior of known and major abus- wearing a yarmulke and was walking from er, I would now yield to the gentleman synagogue, and I was enjoying Shabbat. ers, such as China, Iran, Cuba, and Syria is from New Jersey (Mr. SMITH). ignored, this is anti-Semitism. There are many more examples do- Mr. SMITH of New Jersey. I want to mestically, including a Jewish summer The third D, delegitimization, as he thank my good friend for yielding and puts it: camp in California where graffiti was thank him for his leadership and his When Israel’s fundamental right to exist is found that read, ‘‘Jews equal killers,’’ very eloquent remarks just a few mo- and ‘‘Jews are children killers.’’ It is denied—alone among all peoples in the ments ago on Hamas terrorism and the world—this, too, is anti-Semitism. unacceptable that radical groups have fact that we need to do much more This, too, is exactly what Hamas is used the conflict between Israel and than we have, to try to mitigate, end, engaged in. From its origins to the Hamas as pretext for their own anti- and disarm this organization that is present day, the Hamas movement has Semitism. committed to the demise of the State been poisoned by anti-Semitism, and Last month, I proudly joined my col- of Israel. the murderous nature of this evil has leagues in a letter to Secretary Kerry, Hamas, Mr. Speaker, as we all know, not diminished. It has got worse. Jews urging the State Department’s contin- is a terrorist organization, and as today continue to die because of it. ued focus on combating anti-Semitism Netanyahu put it so well, it is like al Five IDF soldiers were killed yester- worldwide. I applaud the statements of Qaeda, and it is just like Boko Haram. day, 48 have died since July 8, and of condemnation by European leaders, in- They kill people, they murder, they course, we are deeply saddened by cluding those in France, in Germany, rape, they abduct, and they do all these deaths, as well as all who have and Italy, and their stated commit- kinds of terrible terrorist activities in died in the conflict, and we must not ment to ensuring the safety of their order to promote their ends. forget that it is anti-Semitic hatred own communities is to be admired, but Yesterday, Khaled Mashal, leader of that is driving this conflict and caus- there is more that needs to be done to Hamas, spoke to Charlie Rose, who ing all of these deaths. rid societies of this baseless hatred to- asked: Do you want to coexist with the Today, Mr. Speaker, I call on Presi- ward Jews. State of Israel? The Hamas leader said dent Obama to give Israel our govern- A number of Jewish leaders in the in a completely matter-of-fact manner, ment’s full support and to make unmis- U.S., Europe, and Israel have expressed ‘‘No.’’ takably clear our government’s posi- serious concern about the rise in the It is clear, Mr. Speaker, that Hamas tion that Israel, in response to Hamas’ number of incidents in hate speech and doesn’t want peace, reconciliation, or unprovoked attacks, is fully in the violence, and many believe that this coexistence. Hamas seeks only the right to defend itself, including to animosity has risen to the worst level total demise of Israel. seen since the Holocaust. I would like to quote, Mr. Speaker, search out and destroy Hamas terror We must continue to speak out on briefly from the Hamas Charter, and I tunnels and those who launch rockets these issues, which is why I am so encourage Members of this body, Amer- at Israel. Again, I thank my good friend, Mr. grateful to have this opportunity to- icans, and people around the world to FRANKS, for his leadership and, again, night. We have to use this opportunity read the Hamas Charter. to educate and to combat anti-Semi- Article 13 says: for his strong and eloquent statement tism in all of its forms. earlier on, during the Special Order on When we combat anti-Semitism, we Initiatives and so-called peaceful solutions Hamas. and international conferences are in con- stand not just against hatred for the tradiction to the principles of the Islamic Mr. FRANKS of Arizona. I thank the Jews, we stand against hatred, and it Resistance Movement. There is no solution gentleman. affects not just the Jews, but when we for the Palestinian question except through Mr. Speaker, I just would suggest to stand against anti-Semitism and we Jihad. Initiatives, proposals, and inter- you that, in the time that I have been speak out against hatred, ultimately, national conferences are all a waste of time in Congress—nearly 12 years now, every minority group that is the target and vain endeavors. about 12 years—I do not know of a of hatred—every one of those groups It gets even worse, Mr. Speaker. Arti- greater defender of humanity and truth benefits from our willingness to speak cle 20 obscenely compares Israeli soci- and just the kind of principle that out. ety with Nazism. Article 28 charges so- made America what we are than one I am glad to have that opportunity to called Zionism with massive con- Congressman CHRIS SMITH, and I just do that here on the floor tonight, and, spiracy which ‘‘aims at undermining consider it a privilege for the time that with that, I, again, would like to thank societies, destroying values, corrupting I have been able to serve with him.

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.102 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7036 CONGRESSIONAL RECORD — HOUSE July 29, 2014 Mr. Speaker, 30 years ago, Soviet they killed and pushed Christians out the aid we are sending to Iraq is not Marshal Ogarkov announced that of territory that they control, they are making it to the Christian commu- Flight 007 of Korean Airlines had been also destroying the physical traces of nities. terminated, that the Soviets had shot Christianity. Churches, monasteries, If we are going to be giving foreign down a civilian airliner killing all 269 and religious sites are being destroyed aid, humanitarian or otherwise, to a passengers aboard. and desecrated. Even Jonah’s tomb has country or government in order to pro- President Reagan immediately ad- been destroyed. And the shrine of the tect its people, then they better do it. dressed the entire Nation about the Prophet Seth has been blown up. As a If we are propping up a government or tragedy and resolutely called for jus- Christian, it is an incredibly heart- nation that doesn’t protect its people tice and for action. He then proceeded breaking series of events that I have from radical threats, religious and eth- to accelerate work on America’s mis- watched unfold. nic persecution, and genocide, then it sile defense system. He worked with I have been an advocate for human is time to reevaluate that relationship Congress on the Reagan defense build- rights and religious freedom since I and figure out a better path forward. up, he built relationships with Euro- took office, and what really bothers me I have said before and firmly believe, pean allies and enforced strong sanc- is the fact that neither the President if countries in the Middle East are un- tions that ultimately bankrupt and nor the State Department have ad- able to provide security and stability brought down the once-unshakeable dressed the challenges facing Chris- for all of their people, then they will Soviet Union. tians in Iraq. Chaldean Christians in never be stable. They will continue to Mr. Speaker, last week, another ci- my district have been asking me what be at risk. We have to encourage stable vilian airliner, flight MH17, with 298 in- can be done for Iraqi Christians. But, societies, respect for religious freedom, nocent people aboard, was also shot as I have said many times before, there democracy, and the rule of law. We down and this time by Russian-backed is only so much that can be done when can’t just build strong governments separatists. the President has not taken action. and militaries or the U.S. will always On that same day in which the con- The government and military of Iraq face the problems we are seeing in Iraq. flict in Israel also escalated to new are weak, ineffectual, and unable to de- If Iraq’s Christians are forced out en- heights, The New York Times reported fend the people of their country. The tirely, I don’t think there will be much President Obama’s schedule as, ‘‘a U.S. withdrawal from Iraq has left a hope left for the country. I would like cheeseburger with fries at the Charcoal power vacuum that has allowed a group to see Chaldean Christians and other Pit in Delaware, a speech about infra- like ISIS to take control and force Iraqis one day be able to return home. structure, and two splashy fundraisers their radical beliefs on an increasingly At the moment, I am not sure when in New York City.’’ large portion of the population. I am that will be possible. That depends on Mr. Speaker, where would America worried that what we have seen is only Iraq’s resilience and ability to manage be today if we had elected Barack the beginning. Christians are being tar- radical threats. I will remain hopeful, Obama in 1980? Where will this Presi- geted now, but I suspect that they will and I ask that others also pray for dent’s leadership take us tomorrow? eventually begin to target Muslims those still there facing a dire situation. With that question, I yield back the who don’t share their beliefs as well. Mr. Speaker, I yield to the gentleman balance of my time. Radical Islamists are trying to shape from Texas (Mr. GOHMERT). f and form an Iraq that adheres to their Mr. GOHMERT. Mr. Speaker, I am very grateful to my friend for yielding, b 1930 beliefs. They are destroying Iraq’s cul- tural and religious heritage, its his- and I am very grateful for his strong CHRISTIAN PERSECUTION IN IRAQ tory. If they succeed, there will be stance on the issue of Israel and just The SPEAKER pro tempore. Under nothing left of it. wanted to add an exclamation point to the Speaker’s announced policy of Jan- Chaldeans and Iraqi Christians don’t the gentleman’s comments. uary 3, 2013, the Chair recognizes the want to leave Iraq, and many in my There has been a lot of discussion gentleman from Michigan (Mr. district wish that they never had to. about Israel tonight and about what is BENTIVOLIO) for 30 minutes. However, it has become too dangerous being done against the interests of Mr. BENTIVOLIO. Mr. Speaker, as I to stay. When faced with forced conver- Israel, but, Mr. Speaker, I think it have said several times in recent sions, death, and other forms of vio- bears pointing out that this adminis- weeks, I want to bring attention to the lence, most Christians have chosen to tration could do much to help our plight of Christians in the Middle East. flee. Genocide is indeed a brutal thing. friend Israel. And that when anyone in Any person watching the news for the As I discussed in a previous speech on this administration says to the world last several months will have seen an the House floor, there is a severe prob- and, in particular, the people in the increasingly violent, chaotic, and un- lem in U.S. foreign policy that needs to Middle East, including the terrorists in predictable environment. The Middle be examined. The U.S. began the Iraq the Middle East, that we see Israel, a East, and Iraq in particular, are not war with the goal of ridding the region country whose leaders are elected, and stable. This creates an enormous prob- of a tyrannical government that didn’t Hamas, whose leaders are sworn to the lem for Christians in the region. protect its people. However, a decade destruction of Israel and the death of Chaldean Christians in Michigan and later, at the conclusion of the U.S. Jews, then the world gets the wrong in my district have repeatedly raised military mission in Iraq, the people are impression. They get the impression the issue of ongoing persecution of perhaps worse off than they were be- that we see terrorism and love of life in Christians in Iraq. Just recently, the fore the U.S. invasion. Israel—terrorism by Hamas, love of life last remaining Christians were forced What did we miss? If the U.S. is leav- in Israel—as equals. That is a des- to flee. ISIS has taken the city. For ing Iraq in a considerably worse state picable thing to show the world from the first time in well over a thousand than when we arrived, there is some- the United States, from any adminis- years, Sunday mass is no longer being thing that went wrong. That is the tration official. said. question that needs to be asked and It is important that we let the world My colleague, friend, and mentor, what needs to be considered. It is not know that when a nation that is such a Representative FRANK WOLF, has char- that we can afford to make these kinds dear friend as Israel is attacked repeat- acterized the situation facing Chris- of mistakes; it is that people who live edly by rockets intended to kill inno- tians in Iraq as genocide. That analysis there absolutely can’t afford the con- cent children, women, others around is about as accurate as it can get. sequences. the country, then they have the right Christians have been targeted and We need to put pressure on the Kurd- of self-defense to go in and clean up killed for their faith. What we are see- ish government to continue protecting those who would destroy them. That ing is genocide, the eradication of a the Iraqi Christians. We need to ana- means, when they go in to shut down specific group of people, namely, Chris- lyze where our foreign aid is going and the tunnels by which terrorists are al- tians. whom it is going to. I have heard from lowed to enter their country and kill ISIS is trying to wipe the face of many of my constituents, Chaldean people, that we don’t have some do- Christianity from Iraq. Not only have Christians and others from Iraq, that gooder from the United States rush in

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K29JY7.103 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE July 29, 2014 CONGRESSIONAL RECORD — HOUSE H7037 and say: Hold on. Hold on. We realize to them over 3,000 years ago if they can SEC. ll. None of the funds made available you are destroying the tunnels that are just buy a little peace. But the lesson by this Act, including amounts made avail- allowing Israelis to be killed. We real- should come back loudly: there has able under titles IV or VIII, may be used by ize you are shutting down the rocket never been a time in Israel’s history any authority of the government of the Dis- trict of Columbia to enforce any provision of missile sites from which rockets are when it has given away land trying to the Firearms Registration Amendment Act being launched to kill Israelis, but we buy peace when that land was not ulti- of 2008 (D.C. Law 17–372), the Inoperable Pis- want to give Hamas a breather so these mately used as a staging area from tol Amendment Act of 2008 (D.C. Law 17–388), terrorists, bent on killing Israelis, can which to attack it. the Firearms Amendment Act of 2012 (D.C. regather their forces and get a better I think it was pretty clear this ad- Law 19–170), or the Administrative Disposi- run at death to Israelis. ministration showed its cards when, as tion for Weapons Offenses Amendment Act of That is a disastrous foreign policy. a method of thumping, figuratively 2012 (D.C. Law 19–295). You don’t put as equals terrorists and speaking, Israel, the FAA suspended The Acting CHAIR. Pursuant to a country that loves life, and it loves flights into Tel Aviv. They were not at House Resolution 661, the gentleman life so much that, unlike any military risk any more than other flights from from Kentucky and a Member opposed operation I am aware of, it notifies the American airlines around the world, es- each will control 5 minutes. people they are about to bomb before pecially in countries where there are The Chair recognizes the gentleman they bomb so people can clear out. terrorists. But it was a message to from Kentucky. That is extraordinary. Israel that, hey, you better do what we f The burden of proof on Israel that is tell you or we are going to hurt you placed there by some in this adminis- economically. That message was clear SENATE ENROLLED BILLS SIGNED tration and by others who love the ter- and it wasn’t missed by the Israelis. rorists and hate those who simply want And then to have that followed by the The Speaker announced his signature to live in peace is unbearable. It is Secretary of State putting a terrorist to enrolled bills of the Senate of the time the United States showed itself to organization and a country that is one following titles: be a friend of Israel. of our dearest friends together on equal S. 653. An Act to provide for the establish- The good news is, in this body, in this standing was further insult to the in- ment of the Special Envoy to Promote Reli- gious Freedom of Religious Minorities in the House, and even at the other end in the jury, literal injury that this country Senate, though we disagree profoundly Near East and South Central Asia. had caused Israel. S. 1104. An Act to measure the progress of on so many issues, when Israel comes It is time that we recognize what my recovery and development efforts in Haiti up, we are more unified on our friend- dear friend Mr. BENTIVOLIO has said following the earthquake of January 12, 2010, ship with Israel than we are about any clearly. It is time we stand with Israel. and for other purposes. other issue I am aware of. And that is It is time to make clear to Israel’s en- how it should be. emies: You take on Israel, you take us f When the leader of Israel, Prime Min- on. You may not get that from this ad- BILL PRESENTED TO THE ister Netanyahu, came and spoke a few ministration. They may still be play- PRESIDENT years ago right here at this podium, ing patty-cake with terrorists, but in both sides of the aisle stood and ap- this Congress, from both sides of the Karen L. Haas, Clerk of the House, plauded repeatedly. That is as it should aisle, we stand with Israel. I thank my reported that on July 29, 2014, she pre- be. As he pointed out right here, if friend so much for helping make that sented to the President of the United Israel lays down its weapons, there is clear. States, for his approval, the following no Israel. If the Palestinians lay down Mr. BENTIVOLIO. I thank the gen- bill: their weapons, there is no war. The war tleman from Texas for his wisdom on H.R. 3212. To ensure compliance with the ends. That is all they are asking for. this and so many other important 1980 Hague Convention on the Civil Aspects I used to wonder why in the world did issues facing us today. of International Child Abduction by coun- tries with which the United States enjoys re- the Israelis try to give away land, try Mr. Speaker, I yield back the balance to buy peace, when every time they ciprocal obligations, to establish procedures of my time. for the prompt return of children abducted give away land they are attacked from f to other countries, and for other purposes. that piece of land. After spending time in Israel, I began to understand. When CORRECTION TO THE CONGRES- f you see the coffee shops, the different SIONAL RECORD OF WEDNES- places where people would gather that DAY, JULY 16, 2014 AT PAGE H6318 ADJOURNMENT would have someone loaded up with a AMENDMENT OFFERED BY MR. MASSIE Mr. BENTIVOLIO. Mr. Speaker, I suicide bomb, walk in and blow up as Mr. MASSIE. Mr. Chair, I have an move that the House do now adjourn. many innocent people as they could, or amendment at the desk. The motion was agreed to; accord- see an area and they would say that is The Acting CHAIR. The Clerk will re- ingly (at 7 o’clock and 44 minutes where the terrorist bomber came walk- port the amendment. p.m.), under its previous order, the ing up on the school ground, then you The Clerk read as follows: House adjourned until tomorrow, realize they are willing to even give At the end of the bill (before the short Wednesday, July 30, 2014, at 10 a.m. for away their precious land that God gave title), insert the following: morning-hour debate. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the second quar- ter of 2014, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2014

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Bart Fischer ...... 6/20 6/25 Switzerland ...... 1,339.78 ...... 1,137.05 ...... 895.00 ...... 3,371.83 Committee total ...... 1,339.70 ...... 1,137.05 ...... 895.00 ...... 3,371.83 HON. FRANK D. LUCAS, Chairman, July 17, 2014. 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.

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Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Cheri Bustos ...... 5/9 5/14 Afghanistan ...... 11,734.60 ...... 11,734.60 Hon. Sean Maloney ...... 5/24 5/28 Afghanistan ...... 11,348.70 ...... 11,348.70 Hon. Markwayne Mullin ...... 5/24 5/28 Afghanistan ...... 11,348.70 ...... 11,348.70 Committee total ...... 34,432.00 ...... 34,432.00 HON. BILL SHUSTER, Chairman, July 16, 2014. 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON VETERANS’ AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2014

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ HON. JEFF MILLER, Chairman, July 18, 2014. 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if hU.S. currency is used, enter amount expended.

EXECUTIVE COMMUNICATIONS, 6668. A letter from the Chairman, Council 6674. A letter from the Chief, Publications ETC. of the District of Columbia, transmitting and Regulations, Internal Revenue Service, Transmittal of D.C. Act 20-378, ‘‘Residential transmitting the Service’s final rule — Dis- Under clause 2 of rule XIV, executive Real Property Equity and Transparency closures of Return Information Reflected on communications were taken from the Amendment Act of 2014’’; to the Committee Returns to Officers and Employees of the De- Speaker’s table and referred as follows: on Oversight and Government Reform. partment of Commerce for Certain Statis- 6662. A letter from the Associate Adminis- 6669. A letter from the Chief Administra- tical Purposes and Related Activities [TD trator, Department of Agriculture, transmit- tive Officer, transmitting the quarterly re- 9677] (RIN: 1545-BL60) received July 22, 2014, ting the Department’s final rule — Pis- port of receipts and expenditures of appro- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tachios Grown in California, Arizona, and priations and other funds for the period April mittee on Ways and Means. New Mexico; Modification of Aflatoxin Regu- 1, 2014 through June 30, 2014 as compiled by 6675. A letter from the Chief, Publications lations [Doc. No.: AMS-FV-12-0068; FV13-983- the Chief Administrative Officer, pursuant to and Regulations, Internal Revenue Service, 1 FR] received July 22, 2014, pursuant to 5 2 U.S.C. 104a Public Law 88-454; (H. Doc. No. transmitting the Service’s final rule — Re- U.S.C. 801(a)(1)(A); to the Committee on Ag- 113—141); to the Committee on House Admin- search Expenditures [TD 9680] (RIN: 1545- riculture. istration and ordered to be printed. BE64) received July 22, 2014, pursuant to 5 6663. A letter from the Chairman, Military 6670. A letter from the Biologist, U.S. Fish U.S.C. 801(a)(1)(A); to the Committee on Compensation and Retirement Moderniza- and Wildlife Service, Department of the Inte- Ways and Means. tion Commission, transmitting interim re- rior, transmitting the Department’s final 6676. A letter from the Chief, Publications rule — Endangered and Threatened Wildlife and Regulations Branch, Internal Revenue port June 2014, pursuant to Public Law 112- and Plants; Reclassification of the U.S. Service, transmitting the Service’s final rule 239, section 374(f)(6) (126 Stat. 1793); to the Breeding Population of the Wood Stork — Guidelines for the Streamlined Process of Committee on Armed Services. 6664. A letter from the Director, Regula- From Endangered to Threatened [Docket Applying for Recognition of Section 501(c)(3) No.: FWS-R4-ES-2012-0020; Status [TD 9674] (RIN: 1545-BM07) received tions Policy and Management Staff, Depart- FXES11130900000C2-134-FF09E32000] (RIN: July 28, 2014, pursuant to 5 U.S.C. ment of Health and Human Services, trans- 1018-AX60) received July 28, 2014, pursuant to 801(a)(1)(A); to the Committee on Ways and mitting the Department’s final rule — Cur- 5 U.S.C. 801(a)(1)(A); to the Committee on Means. rent Good Manufacturing Practices, Quality Natural Resources. 6677. A letter from the Assistant Secretary, Control Procedures, Quality Factors, Notifi- 6671. A letter from the Acting Director, Of- Department of Defense, transmitting addi- cation Requirements, and Records and Re- fice of Sustainable Fisheries, NMFS, Na- tional legislative proposals that the Depart- ports, for Infant Formula; Correction [Dock- tional Oceanic and Atmospheric Administra- ment of Defense requests be enacted during et No.: FDA-1995-N-0063 (formerly 95N-0309)] tion, transmitting the Administration’s final the second session of the 113th Congress; (RIN: 0910-AF27) received July 23, 2014, pursu- rule — Snapper-Grouper Fishery of the jointly to the Committees on Armed Serv- ant to 5 U.S.C. 801(a)(1)(A); to the Committee South Atlantic; 2014 Recreational Account- ices, Foreign Affairs, Oversight and Govern- on Energy and Commerce. ability Measure and Closure for South Atlan- ment Reform, and the Budget. 6665. A letter from the Secretary, Federal tic Golden Tilefish [Docket No.: 120403249- f Trade Commission, transmitting the Com- 2492-02] (RIN: 0648-XD200) received July 28, mission’s final rule — Rules and Regulations 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the REPORTS OF COMMITTEES ON Under the Wool Products Labeling Act of Committee on Natural Resources. PUBLIC BILLS AND RESOLUTIONS 1939 (RIN: 3084-AB29) received July 28, 2014, 6672. A letter from the Assistant Adminis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- trator for Fisheries, National Oceanic and Under clause 2 of rule XIII, reports of mittee on Energy and Commerce. Atmospheric Administration, transmitting committees were delivered to the Clerk 6666. A letter from the Assistant Legal Ad- the Administration’s final rule — Endan- for printing and reference to the proper viser, Office of Treaty Affairs, Department of gered and Threatened Wildlife and Plants; calendar, as follows: State, transmitting a report prepared by the Threatened and Endangered Status for Dis- Mr. UPTON: Committee on Energy and Department of State concerning inter- tinct Population Segments of Scalloped Commerce. H.R. 4299. A bill to amend the national agreements other than treaties en- Hammerhead Sharks [Docket No.: 111025652- Controlled Substances Act with respect to tered into by the United States to be trans- 4523-03] (RIN: 0648-XA798) received July 21, drug scheduling recommendations by the mitted to the Congress within the sixty-day 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Secretary of Health and Human Services, period specified in the Case-Zablocki Act; to Committee on Natural Resources. and with respect to registration of manufac- the Committee on Foreign Affairs. 6673. A letter from the Chief, Publications turers and distributors seeking to conduct 6667. A letter from the Chairman, Council and Regulations, Internal Revenue Service, clinical testing (Rept. 113–565 Pt. 1). Ordered of the District of Columbia, transmitting transmitting the Service’s final rule — Rev- to be printed. Transmittal of D.C. Act 20-376, ‘‘Fiscal Year enue Ruling: Stock Rights Exempt from Sec- Mr. NUGENT: Committee on Rules. House 2014 Revised Budget Request Temporary Ad- tion 457A (Rev. Rul. 2014-18) received July 18, Resolution 694. Resolution providing for con- justment Act of 2014’’; to the Committee on 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the sideration of the resolution (H. Res. 676) pro- Oversight and Government Reform. Committee on Ways and Means. viding for authority to initiate litigation for

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actions by the President or other executive of California, Mr. JEFFRIES, Mr. By Ms. ESTY (for herself, Ms. SLAUGH- branch officials inconsistent with their du- SHERMAN, Ms. ROS-LEHTINEN, Mr. TER, and Mr. BRADY of Pennsylvania): ties under the Constitution of the United DEUTCH, and Ms. FRANKEL of Flor- H.R. 5244. A bill to establish the Council on States; providing for consideration of the ida): Healthy Housing and for other purposes; to bill (H.R. 935) to amend the Federal Insecti- H.R. 5235. A bill to authorize further assist- the Committee on Financial Services. cide, Fungicide, and Rodenticide Act and the ance to Israel for the Iron Dome anti-missile By Mr. JONES: Federal Water Pollution Control Act to clar- defense system; to the Committee on For- H.R. 5245. A bill to designate the facility of ify Congressional intent regarding the regu- eign Affairs. the United States Postal Service located at lation of the use of pesticides in or near nav- By Mr. MARCHANT: 314 Lennon Drive in Wilmington, North Caro- igable waters, and for other purposes; and H.R. 5236. A bill to amend title 18, United lina, as the ‘‘Meadowlark Lemon Post Of- providing for proceedings during the period States Code, to add certain tax-related fice’’; to the Committee on Oversight and from August 1, 2014, through September 5, crimes to the definition of aggravated iden- Government Reform. 2014. (Rept. 113–566). Referred to the House tity theft, and for other purposes; to the By Mr. JORDAN: Calendar. Committee on the Judiciary. H.R. 5246. A bill to require the United By Mr. COFFMAN: States attorney to bring the matter of an in- f H.R. 5237. A bill to direct the Secretary of dividual’s contempt of Congress before a TIME LIMITATION OF REFERRED Homeland Security to allow aliens having grand jury not later than 30 days after re- BILL status as an E-2 nonimmigrant by reason of ceiving a certification from the Speaker of a change of nonimmigrant classification the House of Representatives or the Presi- Pursuant to clause 2 of rule XII, the made in the United States to re-enter the dent of the Senate that the individual is in following action was taken by the United States after a trip abroad without ob- contempt; to the Committee on the Judici- Speaker: taining a new visa; to the Committee on the ary. H.R. 4299. Referral to the Committee on Judiciary. By Mr. KIND: the Judiciary extended for a period ending By Ms. JACKSON LEE (for herself, Mr. H.R. 5247. A bill to amend the Tariff Act of not later than September 19, 2014. NADLER, Ms. HAHN, Ms. CLARKE of 1930 to eliminate the consumptive demand exception to prohibition on importation of f New York, Mr. ELLISON, Ms. BROWN of Florida, Mr. CROWLEY, Ms. FUDGE, goods made with convict labor, forced labor, or indentured labor, and for other purposes; PUBLIC BILLS AND RESOLUTIONS Ms. WILSON of Florida, Mr. MEEKS, to the Committee on Ways and Means. Under clause 2 of rule XII, public and Mr. HINOJOSA): H.R. 5238. A bill to preserve the access of By Ms. LEE of California (for herself, bills and resolutions of the following victims of trafficking to information about Mr. ENGEL, Mrs. CAROLYN B. MALO- titles were introduced and severally re- their eligibility to receive SNAP benefits; to NEY of New York, and Ms. SLAUGH- ferred, as follows: the Committee on Agriculture. TER): H.R. 5248. A bill to provide for United By Mr. LYNCH (for himself, Mr. By Mr. POCAN (for himself, Ms. WIL- States participation in the Inter-Parliamen- FARENTHOLD, Mr. CUMMINGS, and Mr. SON of Florida, Ms. BONAMICI, Mr. tary Union, and for other purposes; to the BUTTERFIELD): VARGAS, Mr. MCGOVERN, and Mr. Committee on Foreign Affairs. H.R. 5229. A bill to amend title 5, United SARBANES): States Code, to provide leave to any new H.R. 5239. A bill to amend the Internal Rev- By Mr. MORAN (for himself, Mr. Federal employee who is a veteran with a enue Code of 1986 to exclude from gross in- KINZINGER of Illinois, Ms. DELAURO, service-connected disability rated at 30 per- come any discharge of student loan indebted- Ms. KAPTUR, Mr. LARSON of Con- cent or more for purposes of undergoing med- ness; to the Committee on Ways and Means. necticut, and Ms. ESTY): H.R. 5249. A bill to re-impose sanctions on ical treatment for such disability, and for By Mr. THOMPSON of Mississippi: Russian arms exporter Rosoboronexport, and other purposes; to the Committee on Over- H.R. 5240. A bill to reform classification for other purposes; to the Committee on For- sight and Government Reform. and security clearance processes throughout the Federal Government and, within the De- eign Affairs, and in addition to the Commit- By Mr. ROGERS of Kentucky: tees on Oversight and Government Reform, H.R. 5230. A bill making supplemental ap- partment of Homeland Security, to establish and Financial Services, for a period to be propriations for the fiscal year ending Sep- an effective and transparent process for the subsequently determined by the Speaker, in tember 30, 2014, and for other purposes; to designation, investigation, adjudication, de- each case for consideration of such provi- the Committee on Appropriations. nial, suspension, and revocation of security sions as fall within the jurisdiction of the By Mr. BENTIVOLIO (for himself and clearances, and for other purposes; to the committee concerned. Ms. DUCKWORTH): Committee on Oversight and Government By Ms. NORTON: H.R. 5231. A bill to amend the Small Busi- Reform, and in addition to the Committees H.R. 5250. A bill to use Federal purchasing ness Act to direct the task force of the Office on Homeland Security, Intelligence (Perma- power to create good jobs, rebuild the middle of Veterans Business Development to provide nent Select), and the Judiciary, for a period class, address income inequality, stimulate access to and manage the distribution of ex- to be subsequently determined by the Speak- the economy, and to achieve other purposes; cess or surplus property to veteran-owned er, in each case for consideration of such pro- to the Committee on Oversight and Govern- small businesses; to the Committee on Small visions as fall within the jurisdiction of the ment Reform. Business. committee concerned. By Mr. OWENS: By Mr. DOGGETT (for himself and Mr. By Mr. CONNOLLY (for himself and H.R. 5251. A bill to amend the Internal Rev- YOUNG of Indiana): Mr. CHABOT): enue Code of 1986 to exempt foreign pensions H.R. 5232. A bill to amend title XVIII of the H.R. 5241. A bill to prohibit United States from dispositions of investment in United Social Security Act to require hospitals to Government recognition of Russia’s annex- States real property; to the Committee on provide certain notifications to individuals ation of Crimea; to the Committee on For- Ways and Means. classified by such hospitals under observa- eign Affairs. By Mr. SENSENBRENNER (for him- tion status rather than admitted as inpa- By Mrs. DAVIS of California (for her- self, Mr. BACHUS, Mr. TERRY, Mr. tients of such hospitals; to the Committee on self, Ms. DELAURO, and Ms. COHEN, and Mr. JOHNSON of Georgia): Ways and Means, and in addition to the Com- DELBENE): H.R. 5252. A bill to ensure that methods of mittee on Energy and Commerce, for a pe- H.R. 5242. A bill to amend the Richard B. collecting taxing and fees by private citizens riod to be subsequently determined by the Russell National School Lunch Act to estab- on behalf of States are fair and effective and Speaker, in each case for consideration of lish a permanent, nationwide summer elec- do not discriminate against interstate com- such provisions as fall within the jurisdic- tronic benefits transfer for children program; merce; to the Committee on the Judiciary. tion of the committee concerned. to the Committee on Ways and Means, and in By Mr. SENSENBRENNER (for him- By Mr. HOLDING (for himself, Mr. addition to the Committee on Education and self, Mr. TURNER, Mr. COLE, Mr. NADLER, Mr. COBLE, Mr. CONYERS, the Workforce, for a period to be subse- MCCLINTOCK, Mr. ROONEY, Mrs. Mr. CHABOT, Mr. JEFFRIES, Mr. RICH- quently determined by the Speaker, in each BLACK, Mr. COLLINS of Georgia, Mrs. MOND, and Ms. DELBENE): case for consideration of such provisions as MILLER of Michigan, Mr. GIBBS, Mr. H.R. 5233. A bill to amend chapter 90 of fall within the jurisdiction of the committee COBLE, and Mr. WOMACK): title 18, United States Code, to provide Fed- concerned. H.R. 5253. A bill to amend the William Wil- eral jurisdiction for the theft of trade se- By Mr. DESANTIS (for himself and Mr. berforce Trafficking Victims Protection Re- crets, and for other purposes; to the Com- FRANKS of Arizona): authorization Act of 2008 to require consulta- mittee on the Judiciary. H.R. 5243. A bill to eliminate the payroll tion with States before awarding grants or By Ms. SHEA-PORTER: tax for individuals who have attained retire- contracts for housing facilities for unaccom- H.R. 5234. A bill to amend the Internal Rev- ment age, to amend title II of the Social Se- panied alien children; to the Committee on enue Code of 1986 to allow a credit against curity Act to remove the limitation upon the the Judiciary. tax for manufacturing job training expenses; amount of outside income which an indi- By Ms. SINEMA (for herself and Mr. to the Committee on Ways and Means. vidual may earn while receiving benefits BENISHEK): By Mr. ENGEL (for himself, Mr. ROYCE, under such title, and for other purposes; to H.R. 5254. A bill to appropriately limit the Mr. SMITH of Washington, Mrs. DAVIS the Committee on Ways and Means. authority to award bonuses to employees; to

VerDate Mar 15 2010 03:49 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A29JY7.035 H29JYPT1 tjames on DSK5VPTVN1PROD with HOUSE H7040 CONGRESSIONAL RECORD — HOUSE July 29, 2014 the Committee on Oversight and Govern- sional power of the purse, granting Congress By Mr. CONNOLLY: ment Reform. the authority to appropriate funds, to deter- H.R. 5241. By Mr. CARNEY: mine their purpose, amount, and period of Congress has the power to enact this legis- H.J. Res. 121. A joint resolution proposing availability, and to set forth terms and con- lation pursuant to the following: an amendment to the Constitution of the ditions governing their use. This bill is introduced pursuant to the au- United States relating to the authority of By Mr. BENTIVOLIO: thority delineated in Article I section I, Congress and the States to regulate political H.R. 5231. which includes an implied power for the Con- campaign contributions and expenditures, Congress has the power to enact this legis- gress to regulate the conduct of the United including independent expenditures; to the lation pursuant to the following: States with respect to foreign affairs. Committee on the Judiciary. Article IV, Section 3, clause 2 By Mrs. DAVIS of California: ‘‘The Congress shall have Power to dispose H.R. 5242. f of and make all needful Rules and Regula- Congress has the power to enact this legis- MEMORIALS tions respecting the Territory or other Prop- lation pursuant to the following: erty belonging to the United States:’’ Article I, Sec. 8 Under clause 3 of rule XII, memorials By Mr. DOGGETT: By Mr. DESANTIS: were presented and referred as follows: H.R. 5232. H.R. 5243. 290. The SPEAKER presented a memorial Congress has the power to enact this legis- Congress has the power to enact this legis- of the House of Representatives of the State lation pursuant to the following: lation pursuant to the following: of Illinois, relative to House Resolution No. Clause 1 of Section 8 of Article I of the Article I, Section 8, Clause 1, and Article I, 1086 urging the Congress and the President to United States Constitution. Section 8, Clause 3 review the Case of Loren Duke Abdalla’s ac- By Mr. HOLDING: By Ms. ESTY: tions during World War II; to the Committee H.R. 5233. H.R. 5244. on Armed Services. Congress has the power to enact this legis- Congress has the power to enact this legis- 291. Also, a memorial of the Senate of the lation pursuant to the following: lation pursuant to the following: State of Missouri, relative to Senate Concur- Article I, Section 8, Clause 3 of the United Article I, Sec. 8 rent Resolution No. 31 urging the Congress States Constitution; and, Article I, Section The Congress shall have power to lay and and the President to reauthorize the Ter- 8, clause 8 of the United States Constitution, collect taxes, duties, imposts and excises, to rorism Risk Insurance Program; to the Com- in that the legislation exercises legislative pay the debts and provide for the common mittee on Financial Services. power granted to Congress by that clause ‘‘to defense and general welfard of the United 292. Also, a memorial of the Senate of the promote the Progress of Science and useful States; To make all laws which shall be necessary State of Tennessee, relative to Senate Reso- Arts, by securing for limited Times to Au- and proper for carrying into execution the lution No. 61 urging the Speaker and the thors and Inventors the exclusive Right to foregoing powers, and all other powers vest- Clerk of the House of Representatives to re- their respective Writings and Discoveries’’ ed by this Constitution in the government of lease forthwith the TBI report known as and Article III. the United States, or in any department or ‘‘MLK Document 200472’’; to the Committee By Ms. SHEA-PORTER: officer thereof. on House Administration. H.R. 5234. Congress has the power to enact this legis- By Mr. JONES: 293. Also, a memorial of the Senate of the lation pursuant to the following: H.R. 5245. State of Missouri, relative to Senate Concur- Article I, Section 8 of the United States Congress has the power to enact this legis- rent Resolution No. 22 urging the Depart- Constitution lation pursuant to the following: ment of the Interior National Park Service By Mr. ENGEL: This bill is enacted pursuant to the power to pursue one of the following options in re- H.R. 5235. granted to the Congress under Article 1, Sec- gard to the Ozark National Scenic Congress has the power to enact this legis- tion 8, Clause 1 of the United States Con- Riverways; to the Committee on Natural Re- lation pursuant to the following: stitution. sources. the authority delineated in Article I Sec- By Mr. JORDAN: 294. Also, a memorial of the House of Rep- tion I, which includes an implied power for H.R. 5246. resentatives of the State of Missouri, rel- the Congress to regulate the conduct of the Congress has the power to enact this legis- ative to a resolution calling the President to United States with respect to foreign affairs. lation pursuant to the following: support the increased importation of oil By Mr. MARCHANT: Article 1, Section 8, Clause 18 from Canadian oil sands; jointly to the Com- H.R. 5236. To make all Laws which shall be necessary mittees on Transportation and Infrastruc- Congress has the power to enact this legis- and proper for carrying into Execution the ture, Energy and Commerce, Natural Re- lation pursuant to the following: foregoing Powers, and all other Powers vest- sources, and Foreign Affairs. Article I, Section 8, Clause 1: ed by this Constitution in the Government of f The Congress shall have Power to lay and the United States, or in any Department or collect Taxes, Duties, Imposts and Excises, Officer thereof. CONSTITUTIONAL AUTHORITY to pay the Debts and provide for the common By Mr. KIND: STATEMENT Defense and general Welfare of the United H.R. 5247. Pursuant to clause 7 of rule XII of States; but all Duties, Imposts and Excises Congress has the power to enact this legis- the Rules of the House of Representa- shall be uniform throughout the United lation pursuant to the following: States. Article I Section 8. tives, the following statements are sub- By Mr. COFFMAN: By Ms. LEE of California: mitted regarding the specific powers H.R. 5237. H.R. 5248. granted to Congress in the Constitu- Congress has the power to enact this legis- Congress has the power to enact this legis- tion to enact the accompanying bill or lation pursuant to the following: lation pursuant to the following: joint resolution. Article I, Sec. 8, of the United States Con- This bill is enacted pursuant to the power stitution granted to Congress under Article I of the By Mr. LYNCH: By Ms. JACKSON LEE: United States Constitution and its subse- H.R. 5229. H.R. 5238. quent amendments, and further clarified and Congress has the power to enact this legis- Congress has the power to enact this legis- interpreted by the Supreme Court of the lation pursuant to the following: lation pursuant to the following: United States. Article I, Section 8, Clause 18. This bill is enacted pursuant to the power By Mr. MORAN: By Mr. ROGERS of Kentucky: granted to Congress under Article I, Section H.R. 5249. H.R. 5230. 8, Clauses 1, 4, and 18 of the United States Congress has the power to enact this legis- Congress has the power to enact this legis- Constitution. lation pursuant to the following: lation pursuant to the following: By Mr. POCAN: clause 3 of section 8 of article I of the Con- The principal constitutional authority for H.R. 5239. stitution this legislation is clause 7 of section 9 of ar- Congress has the power to enact this legis- By Ms. NORTON: ticle I of the Constitution of the United lation pursuant to the following: H.R. 5250. States (the appropriation power), which Article I, Section 8, Clause 3 Congress has the power to enact this legis- states: ‘‘No Money shall be drawn from the The Congress shall have Power . . . To reg- lation pursuant to the following: Treasury, but in Consequence of Appropria- ulate Commerce with foreign Nations, and clause 1 of section 8 of article I of the Con- tions made by Law. . . .’’ In addition, clause among the several States, and with the In- stitution. 1 of section 8 of article I of the Constitution dian Tribes. By Mr. OWENS: (the spending power) provides: ‘‘The Con- By Mr. THOMPSON of Mississippi: H.R. 5251. gress shall have the Power . . . to pay the H.R. 5240. Congress has the power to enact this legis- Debts and provide for the common Defence Congress has the power to enact this legis- lation pursuant to the following: and general Welfare of the United lation pursuant to the following: This bill is enacted pursuant to the power States. . . .’’ Together, these specific con- The U.S. Constitution including Article 1, granted to Congress under Article I, Section stitutional provisions establish the congres- Section 8. 8, of the United States Constitution.

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By Mr. SENSENBRENNER: H.R. 2084: Mr. ROKITA and Mr. PALLONE. H.R. 4740: Mr. TIBERI. H.R. 5252. H.R. 2224: Mr. NADLER. H.R. 4748: Mr. GEORGE MILLER of California Congress has the power to enact this legis- H.R. 2366: Mr. BUCHANAN, Mr. CASSIDY, Mrs. and Mr. SMITH of Nebraska. lation pursuant to the following: ELLMERS, Mr. MCHENRY, Mrs. MILLER of H.R. 4756: Mr. TAKANO. Article I, Section 8, clauses 1 and 3 Michigan, Mr. MULLIN, Mr. SHUSTER, Ms. H.R. 4762: Mr. LOEBSACK. By Mr. SENSENBRENNER: DELAURO, Mr. LOEBSACK, Ms. BORDALLO, Mr. H.R. 4775: Mr. DAINES. H.R. 5253. GRIMM, Mr. LANGEVIN, Ms. HANABUSA, Mr. H.R. 4777: Mrs. BACHMANN. Congress has the power to enact this legis- DOYLE, Ms. GRANGER, Mr. MURPHY of Flor- H.R. 4792: Mr. CALVERT. lation pursuant to the following: ida, Ms. MCCOLLUM, Mr. SCHIFF, Mr. H.R. 4793: Mr. HASTINGS of Florida, Mr. Article I, Section 8, clause 4 SERRANO, Ms. LOFGREN, Mr. RICE of South RYAN of Ohio, Mr. GARAMENDI, Mr. JONES, By Ms. SINEMA: Carolina, and Mr. SCALISE. Mr. OWENS, Mr. RUSH, Ms. LEE of California, H.R. 5254. H.R. 2398: Mr. TIPTON. Mr. MCDERMOTT, Mr. SERRANO, and Mr. PAL- Congress has the power to enact this legis- H.R. 2426: Ms. JACKSON LEE, Mr. LONE. lation pursuant to the following: LOWENTHAL, Mr. ENYART, and Ms. MENG. H.R. 4815: Ms. SHEA-PORTER. Article I Section 8 H.R. 2450: Ms. BROWNLEY of California, Ms. H.R. 4818: Mr. HASTINGS of Florida, Mr. By Mr. CARNEY: KAPTUR, and Ms. LEE of California. JONES, Mr. OWENS, Mr. RUSH, Mr. H.J. Res. 121. H.R. 2638: Mr. CARTWRIGHT. MCDERMOTT, and Mr. PALLONE. Congress has the power to enact this legis- H.R. 2673: Mr. KELLY of Pennsylvania, Mr. H.R. 4837: Mr. COURTNEY and Mr. REED. ´ lation pursuant to the following: LATTA, and Mr. NUNNELEE. H.R. 4857: Ms. LINDA T. SANCHEZ of Cali- Article V of the United States Constitu- H.R. 2737: Ms. ESTY. fornia. tion: ‘‘The Congress, whenever two thirds of H.R. 2750: Mr. CARTWRIGHT. H.R. 4885: Mr. RIBBLE, Ms. TITUS, and Mr. both Houses shall deem it necessary, shall H.R. 2835: Mr. HASTINGS of Washington. NUNES. CHIFF OLIS LO propose Amendments to this Constitution, H.R. 2847: Mr. POCAN, Mr. DOYLE, Ms. MAT- H.R. 4960: Mr. S , Mr. P , Mr. F - RES ORTON ONKO UETKE or, on the Application of the Legislatures of SUI, and Mr. NADLER. , Ms. N , Mr. T , Mr. L - two thirds of the several States, shall call a H.R. 2994: Mr. CARSON of Indiana, Mr. MEYER, Mr. TIERNEY, Mr. CALVERT, and Mrs. Convention for proposing Amendments, GUTIE´ RREZ, Mr. HANNA, and Mr. RUNYAN. BACHMANN. H.R. 4969: Mr. WEBSTER of Florida, Mr. which, in either Case, shall be valid to all In- H.R. 3121: Mr. LATTA. SRAEL C ARTHY tents and Purposes, as Part of this Constitu- H.R. 3276: Ms. SINEMA and Mr. TIERNEY. I , and Mrs. M C of New York. H.R. 4971: Ms. SINEMA. tion, when ratified by the Legislatures of H.R. 3279: Mrs. LUMMIS. H.R. 4978: Mr. COURTNEY. three fourths of the several States, or by H.R. 3303: Mr. SCHOCK. H.R. 4981: Mr. JOYCE and Mr. CHAFFETZ. Conventions in three fourths thereof, as the H.R. 3322: Mr. BEN RAY LUJA´ N of New Mex- H.R. 4989: Mr. MILLER of Florida. one or the other Mode of Ratification may be ico. H.R. 5000: Mr. PRICE of North Carolina. proposed by the Congress; Provided that no H.R. 3331: Mr. CARTWRIGHT. H.R. 5014: Mr. MESSER, Mr. HALL, and Mr. Amendment which may be made prior to the H.R. 3367: Mr. CRAWFORD and Mr. ROSKAM. DESJARLAIS. Year One thousand eight hundred and eight H.R. 3374: Mr. TERRY. H.R. 5026: Mr. COTTON. shall in any Manner affect the first and H.R. 3384: Mr. CARTWRIGHT. H.R. 5033: Ms. SHEA-PORTER. H.R. 3426: Mr. BARROW of Georgia. fourth Clauses in the Ninth Section of the H.R. 5038: Ms. DELBENE. H.R. 3485: Mr. WENSTRUP. first Article; and that no State, without its H.R. 5052: Mr. NUNNELEE, Mr. MCALLISTER, H.R. 3516: Mr. CARTWRIGHT. Consent, shall be deprived of its equal Suf- and Mr. MATHESON. IBSON frage in the Senate.’’ H.R. 3556: Mr. G . H.R. 5054: Mr. JONES. H.R. 3712: Mr. ELLISON. f H.R. 5059: Mr. THOMPSON of California, Mr. H.R. 3723: Ms. ROYBAL-ALLARD, Mr. HAS- NOLAN, and Ms. SINEMA. ADDITIONAL SPONSORS TINGS of Florida, and Mr. CARSON of Indiana. H.R. 5065: Mr. ELLISON and Mr. SCHIFF. Under clause 7 of rule XII, sponsors H.R. 3742: Mr. PASCRELL. H.R. 5069: Mr. HUFFMAN. H.R. 3775: Mr. PAULSEN and Mr. VALADAO. H.R. 5071: Mr. COLE, Mr. TIPTON, Mr. were added to public bills and resolu- H.R. 3776: Mr. RODNEY DAVIS of Illinois and tions, as follows: NUNNELEE, Mr. LONG, Mr. HASTINGS of Wash- Mr. SHIMKUS. ington, and Mr. VALADAO. H.R. 36: Mr. FLEISCHMANN and Mr. JOYCE. H.R. 3850: Mr. SCHOCK. H.R. 5078: Mr. WALDEN, Mr. DUFFY, Mr. H.R. 140: Mr. FORTENBERRY. H.R. 3852: Ms. JACKSON LEE and Ms. KINZINGER of Illinois, Mr. DESANTIS, Mr. H.R. 303: Mr. FARENTHOLD. KUSTER. YOHO, Mr. HUIZENGA of Michigan, Mr. TIBERI, H.R. 333: Mr. PERLMUTTER, Mr. HIMES, and H.R. 3877: Mr. NOLAN. Mrs. BACHMANN, Mr. GARDNER, and Mr. SHIM- Mr. PALLONE. H.R. 3929: Mr. ELLISON. KUS. H.R. 351: Ms. BROWNLEY of California. H.R. 3978: Mr. CARTWRIGHT. H.R. 5083: Mr. LOEBSACK. H.R. 411: Ms. TSONGAS, Ms. DUCKWORTH, H.R. 3992: Mr. GIBSON. H.R. 5087: Ms. CLARKE of New York, Mr. and Mr. COLLINS of New York. H.R. 3997: Ms. JACKSON LEE and Mr. BISHOP of New York, Mr. RANGEL, and Mr. H.R. 543: Mr. ROTHFUS and Ms. BONAMICI. MCGOVERN. ISRAEL. H.R. 647: Mr. PRICE of Georgia, Mr. MCCLIN- H.R. 4012: Mr. COTTON. H.R. 5088: Mr. HASTINGS of Florida, Mr. TOCK, and Mr. BARTON. H.R. 4016: Mr. DELANEY and Ms. MATSUI. GARAMENDI, Mr. JONES, Mr. BROUN of Geor- H.R. 769: Ms. DELBENE. H.R. 4026: Mr. CARTWRIGHT. gia, Mr. RUSH, and Mr. PALLONE. H.R. 1015: Mr. RUNYAN, Mr. RIBBLE, and Mr. H.R. 4067: Mrs. NOEM and Mr. SCHOCK. H.R. 5098: Mr. MESSER. TIBERI. H.R. 4106: Mr. MCKINLEY. H.R. 5101: Mr. CARTWRIGHT. H.R. 1020: Mr. BERA of California. H.R. 4143: Mr. STIVERS. H.R. 5122: Mr. LOEBSACK. H.R. 1070: Mr. MEEHAN. H.R. 4158: Mr. CALVERT. H.R. 5130: Mr. JOHNSON of Georgia. H.R. 1129: Mr. DESANTIS. H.R. 4172: Mr. LANCE, Mr. NOLAN, and Mr. H.R. 5131: Mr. SMITH of Missouri. H.R. 1141: Mr. CARTWRIGHT. CARTWRIGHT. H.R. 5159: Mr. CARTWRIGHT. H.R. 1331: Mr. WENSTRUP. H.R. 4187: Mr. BEN RAY LUJA´ N of New Mex- H.R. 5160: Mr. SAM JOHNSON of Texas, Mr. H.R. 1507: Mr. SCHRADER. ico. BRADY of Texas, Mr. NEUGEBAUER, Mr. H.R. 1563: Mr. COHEN and Mr. DUNCAN of H.R. 4188: Mr. GALLEGO and Mr. CART- OLSON, Mr. JONES, Mr. BARLETTA, Mr. HEN- Tennessee. WRIGHT. SARLING, Mr. POE of Texas, and Mr. BYRNE. H.R. 1579: Mr. CARTWRIGHT. H.R. 4190: Mrs. CAPITO, Mr. RYAN of Ohio, H.R. 5179: Mr. GRIJALVA. H.R. 1620: Mr. SARBANES, Ms. HANABUSA, Mr. NOLAN, Mr. LONG, and Mr. SCHIFF. H.R. 5182: Mr. POLIS. Mr. LAMBORN, Mr. HORSFORD, Mr. CRENSHAW, H.R. 4227: Mr. CARTWRIGHT. H.R. 5195: Ms. GABBARD, Mr. MORAN, and and Mr. BISHOP of Utah. H.R. 4351: Mr. LANKFORD. Mr. STIVERS. H.R. 1666: Mr. NOLAN. H.R. 4437: Mr. FATTAH. H.R. 5203: Mrs. LUMMIS. H.R. 1725: Ms. TSONGAS. H.R. 4446: Mr. LAMBORN and Mr. H. Con. Res. 107: Mr. LAMBORN, Mr. STIV- H.R. 1733: Mr. FLEISCHMANN. FARENTHOLD. ERS, Mr. PETERSON, Mr. CLAWSON of Florida, H.R. 1761: Ms. KAPTUR. H.R. 4574: Mr. CICILLINE. Mr. KLINE, Mr. LANKFORD, Mr. GOHMERT, Mr. H.R. 1770: Ms. SHEA-PORTER. H.R. 4577: Mr. OWENS, Mr. CARTWRIGHT, and PAULSEN, Mrs. WALORSKI, Mr. ROE of Ten- H.R. 1812: Mr. SIMPSON. Mr. RUSH. nessee, Mr. FLORES, and Mr. SALMON. H.R. 1827: Mr. BISHOP of New York. H.R. 4590: Mr. RIBBLE. H. Con. Res. 109: Mr. WEBER of Texas, Mr. H.R. 1830: Ms. SINEMA and Mr. PASTOR of H.R. 4646: Mr. GALLEGO. KING of Iowa, Mr. COTTON, Mr. LAMBORN, Arizona. H.R. 4680: Mr. CARTWRIGHT. Mrs. BACHMANN, and Mr. LATTA. H.R. 1852: Mr. FLORES, Mr. DUFFY, Mr. H.R. 4682: Mr. COOPER and Mr. NOLAN. H. Con. Res. 110: Mrs. HARTZLER, Mr. HALL, Mr. SCHOCK, Mr. PRICE of Georgia, and H.R. 4701: Mr. MAFFEI. MCGOVERN, Mr. JOHNSON of Ohio, Mr. Mr. SANFORD. H.R. 4714: Mrs. CAPPS. ROTHFUS, Mr. MEADOWS, Mr. BILIRAKIS, Mr. H.R. 1975: Mr. NOLAN. H.R. 4717: Mrs. BUSTOS. LIPINSKI, Mr. RODNEY DAVIS of Illinois, Mr. H.R. 2028: Mrs. NAPOLITANO, Mrs. MCCAR- H.R. 4726: Mrs. BUSTOS. TIBERI, Mr. GERLACH, Mr. LANCE, and Mr. THY of New York, and Ms. BONAMICI. H.R. 4739: Mr. GIBSON. DENT.

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H. Res. 72: Mr. BLUMENAUER and Mr. COLLINS of Georgia, Mr. KING of Iowa, Mr. OFFERED BY MR. ROGERS OF KENTUCKY TONKO. LONG, and Mr. JORDAN. H.R. 5230, making supplemental appropria- H. Res. 281: Mr. BARR, Mr. HOLDING, Mr. H. Res. 689: Mr. CROWLEY, Mr. LEWIS, and tions for the fiscal year ending September 30, CARNEY, and Mr. DELANEY. Mr. CONYERS. H. Res. 422: Ms. SHEA-PORTER. H. Res. 690: Mr. ENYART and Mr. DUNCAN of 2014, and for other purposes, does not contain H. Res. 456: Mr. MCKINLEY and Ms. Tennessee. any congressional earmarks, limited tax BONAMICI. H. Res. 692: Mr. WEBER of Texas, Mr. DUN- benefits, or limited tariff benefits as defined H. Res. 476: Mr. WENSTRUP. CAN of South Carolina, Mr. ROGERS of Ala- in clause 9 of rule XXI. H. Res. 522: Mr. HIMES. bama, Mr. PALAZZO, Mr. POSEY, and Mr. WIL- H. Res. 536: Mr. LONG, Mr. GIBBS, and Mr. LIAMS. f ROKITA. H. Res. 543: Mr. LONG. f H. Res. 587: Mr. CAPUANO, Mr. NADLER, and CONGRESSIONAL EARMARKS, LIM- PETITIONS, ETC. Mr. CONNOLLY. H. Res. 620: Mr. GRIMM. ITED TAX BENEFITS, OR LIM- Under clause 3 of rule XII, H. Res. 633: Ms. SINEMA. ITED TARIFF BENEFITS 93. The SPEAKER presented a petition of H. Res. 644: Mr. CAMPBELL, Mr. SAM JOHN- Under clause 9 of rule XXI, lists or SON of Texas, and Mr. CRAMER. the Governor of Arkansas, relative to a let- H. Res. 679: Mr. KING of New York. statements on congressional earmarks, ter regarding the State Trade and Export H. Res. 687: Mr. LABRADOR, Mr. MCCLIN- limited tax benefits, or limited tariff Promotion (STEP); which was referred to the TOCK, Mr. COBLE, Mr. SMITH of Texas, Mr. benefits were submitted as follows: Committee on Small Business.

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Vol. 160 WASHINGTON, TUESDAY, JULY 29, 2014 No. 120 Senate The Senate met at 10 a.m. and was priations act dealing with the border The PRESIDING OFFICER. The called to order by the President pro crisis. clerk will read the bills by title for the tempore (Mr. LEAHY). The PRESIDENT pro tempore. The second time. clerk will report the motion. The legislative clerk read as follows: PRAYER The legislative clerk read as follows: A bill (S. 2673) to enhance the strategic The Chaplain, Dr. Barry C. Black, of- Motion to proceed to Calendar No. 488, S. partnership between the United States and 2648, a bill making emergency supplemental Israel. fered the following prayer: appropriations for the fiscal year ending A bill (H.R. 3393) to amend the Internal Let us pray. September 30, 2014, and for other purposes. Revenue Code of 1986 to consolidate certain O mighty God, our gracious Father, SCHEDULE tax benefits for educational expenses, to thank You for the gift of this day. Mr. REID. Following my remarks amend the Internal Revenue Code of 1986 to Lord, You are the one clear manifesta- make improvements to the child tax credit, and those of the Republican leader, the and for other purposes. tion of love in the midst of lesser pow- Senate will be in a period of morning Mr. REID. I would object to any fur- ers. Today, use our lawmakers to bring business until 12 noon, with Senators more of Your love to our world so that ther proceedings of these two matters. permitted to speak therein for up to 10 The PRESIDING OFFICER. Objec- Your kingdom may come and Your will minutes each, with the Republicans be done on Earth as it is in heaven. tion is heard. controlling the first half and the ma- The bills will be placed on the cal- May our Senators discover the still- jority controlling the final half. endar. ness of soul needed to begin to com- At 12 noon, the Senate will proceed VETERANS’ CARE prehend what is the height, length, to executive session to consider Robert Mr. REID. Almost 2 years ago, within breadth, and depth of Your great love. Alan McDonald to be Secretary of Vet- a few days 2 years ago, we were in Las Use them as Your instruments of right- erans Affairs. Vegas to dedicate this beautiful new eousness and justice in our world. The Senate will recess from 12:30 p.m. veterans facility. Taxpayers’ money Lord, open their minds to think Your to 2:15 p.m. to allow for weekly caucus meetings. spent on it was about $700 million. It is thoughts and give them the courage to beautiful. It is the second one we have do Your will. At 2:45 p.m. there will be a rollcall vote for confirmation of the McDonald been able to do in southern Nevada. We We pray in Your sovereign Name. built a nice little hospital with a joint Amen. nomination, followed by several voice votes to confirm the Andre, Hoza, and venture between the Veterans Adminis- f Polaschik nominations. tration and the Air Force. PLEDGE OF ALLEGIANCE Upon disposition of the Polaschik But with the wars in Iraq, and Af- nomination, the Senate will consider ghanistan, we ran out of room to ac- The President pro tempore led the commodate the influx of veterans. Pledge of Allegiance, as follows: the Highway and Transportation Fund- ing Act. Senators should expect five It became very difficult for veterans. I pledge allegiance to the Flag of the rollcall votes this evening in relation We have a huge veterans population in United States of America, and to the Repub- to Wyden-Hatch, Carper-Corker-Boxer, southern Nevada. We have all kinds of lic for which it stands, one nation under God, military bases there that they are sta- indivisible, with liberty and justice for all. Lee, and Toomey amendments and on passage of H.R. 5021, as amended, if tioned in. They come, and they decide f amended. Senators will be notified they want to live in southern Nevada. So the veterans in southern Nevada RECOGNITION OF THE MAJORITY when those votes are scheduled. LEADER I suggest the absence of a quorum. found themselves in a difficult situa- The PRESIDING OFFICER (Mr. tion. When this new hospital was dedi- The PRESIDENT pro tempore. The BOOKER). The clerk will call the roll. cated—it took 7 years of work to get majority leader is recognized. The legislative clerk proceeded to this done. I worked hard, as did others, f call the roll. to obtain this money. It was a state-of- the-art facility, 100 inpatient beds, a MAKING EMERGENCY SUPPLE- Mr. REID. I ask unanimous consent that the order for the quorum call be nursing home unit, and an ambulatory MENTAL APPROPRIATIONS FOR rescinded. care center. It was a state-of-the-art THE FISCAL YEAR ENDING SEP- The PRESIDING OFFICER. Without facility. It was unquestionably, prob- TEMBER 30, 2014—MOTION TO objection, it is so ordered. ably without exaggerating, the finest PROCEED MEASURES PLACED ON THE CALENDAR—S. 2673 veterans hospital in the country. It Mr. REID. Mr. President, I now move AND H.R. 3393 was brandnew. But, more importantly, to proceed to Calendar No. 488, S. 2648, Mr. REID. There are two bills at the it was a precious resource to veterans the emergency supplemental appro- desk due for second readings. throughout the State of Nevada.

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

S5005

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VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5006 CONGRESSIONAL RECORD — SENATE July 29, 2014 We have a facility in northern Ne- RECOGNITION OF THE MINORITY LEADER needs to work with Congress on re- vada. It has been there for many dec- The PRESIDING OFFICER. The Re- forms that can help address these chal- ades. To the credit of Senator MIKULSKI publican leader is recognized. lenges too. from Maryland, she came and visited it VETERANS HEALTH CARE Initially, the Obama administration a number of years ago and said: This is Mr. MCCONNELL. America makes a was slow to respond to the crisis. The wrong. In that facility we couldn’t get promise to every man and woman who White House tried to treat it as some the modern equipment down the halls puts on the uniform. In exchange for PR predicament to get beyond rather and into the bedrooms. We had to ren- their service, our country pledges they than the true tragedy that it was—a ovate, so it is in good shape. So the will be well trained, well equipped, and tragedy that required bipartisan action veterans in northern Nevada had a fa- treated with the dignity and respect to investigate and address. cility long before southern Nevada. they deserve. Ultimately, pressure from Repub- But in spite of all this happy talk It is the least we can offer to the licans and revulsion from the American about what a wonderful facility this is, brave soldiers, sailors, airmen, and ma- people forced the White House to take veterans depending on VA care have rines who put everything on the line so this crisis seriously. Audits were con- been stunned. Why? Because they are we can live in freedom. It is a solemn ducted. Management changes were un- waiting 50 days. If you are a new pa- pact, and that is why the American dertaken. And the necessity of serious tient, you call and they say: Well, we people were so shocked to read some of reform was accepted—eventually. will see you in a couple of months. the headlines we have seen over the I was proud to support bipartisan VA Come on in. About 2,000 patients have past few months, headlines such as: reform legislation that passed the Sen- been waiting 90 days in order to even ‘‘Veterans languish and die on a VA ate last month, and I am encouraged get an appointment. This is unaccept- hospital’s secret list.’’ Then, as the by the progress of the conference com- able. Obama administration tried to cover mittee toward completing a final com- It is not a problem only in Las Vegas, its tracks, a headline such as: ‘‘Vet- promise that can pass Congress and be it is all over the country: a nationwide, erans Affairs spies, stonewalls on peo- signed into law. The compromise legis- systemic problem where these combat ple investigating it.’’ lation would introduce some much- veterans and other veterans have been It is a national disgrace, ailing vet- needed accountability into the VA sys- languishing on some nonexistent wait- erans being put off for months by a tem and help increase patient choice. ing list. hospital system that should be rushing In fact, the compromise appears to in- When I learned that BERNIE SANDERS to their aid, and veterans dying while clude two initiatives I specifically from Vermont and Congressman MIL- waiting for care. pressed with the President’s nominee LER had worked out something, I was According to the government’s own to head the Veterans Affairs Depart- stunned. I was so happy. I got a call report on these failures, we also know ment when I recently met with him. from Senator SANDERS on Saturday these problems were so systemic that One, I said we need to make it easier telling me: I think we have got it done. they spread to more than three-quar- to fire VA bureaucrats who fail our That is wonderful. That is truly re- ters of the VA facilities surveyed, lit- veterans; and, two, I said we need to markable, what they have done. erally to every corner of the country, allow veterans to seek care outside the I don’t need to go through the bill, including Kentucky. VA if they face long wait times or if what it does, but it provides billions of Kentuckians heard shocking news they do not live near a VA facility. dollars for emergency funding to hire stories such as the one about a The conference report, fortunately, new doctors and nurses. It will author- Harrodsburg veteran who was being appears to include both. I thank Sen- ize 27 new medical facilities around the treated at the VA facility in Lex- ators BURR, MCCAIN, and COBURN for country, allowing the VA to grow as it ington. The staff there declared him steadfastly fighting for the veterans needs to grow. dead. Yet when the veteran’s wife came choice part of the conference agree- That is wonderful news. That is the to say her final good-byes, she found ment that will allow our deserving vet- way we should be legislating. We her husband breathing—with a pulse. erans the option of accessing care in couldn’t find two more politically dif- I was glad to hear this veteran is now hospitals when VA facilities are not ferent people than BERNIE SANDERS of back home with his family and recov- available. As for the President’s nominee to run Vermont and Chairman MILLER. They ering. But no veteran and no spouse the VA Bob McDonald, we all know he are very different people; they have should ever have to go through such a has a tough job ahead of him after his very different views. But they know we horrific ordeal. Yet I continue to re- confirmation. I made clear my expecta- have sent hundreds and hundreds of ceive letters from Kentucky veterans tions for dramatic change when I met thousands of people to Iraq and Af- who have been denied the care they de- him. But if Mr. McDonald is willing to ghanistan, when these veterans come serve, such as this one from a disabled work in a collaborative and open man- home, they need help. We took care of veteran in Gradyville. This is what he ner with Congress—and I expect he the war efforts, and rightfully so. The had to say: military needed every penny they have will—he will find a constructive part- I have had some of the most frustrating of ner on this side of the aisle. to fight these wars, but we haven’t times trying to receive the quality of health been as generous in taking care of care that anyone deserves. Look, we know there is much we can these people when they come home Not only has it taken me months to be and should do to address this crisis to- from these wars. seen, but I have been told by a primary care gether. So I am hopeful because when The main point I want to make is physician that ‘‘He did not need to see me veterans are denied care, it is a pri- that Chairman MILLER and Senator until my 6 month checkup’’. . . . I simply no ority deserving of bipartisan attention, SANDERS understand we owe America’s longer have the time and money to invest in and the government needs to start liv- veterans. the run around I receive in trying to make ing up again to the promises it made to It is good we are talking about this, an appeal. . . . I gave up 4 years of my life our veterans. We certainly owe them and proper use of my right arm in this na- rather than an impeachment of the tion’s defense. I would have given my life no less. President or suing the President. Look without question to protect a country that I EMERGENCY SUPPLEMENTAL APPROPRIATION in the papers today. The American peo- love. It breaks my heart to no longer be a Mr. President, Israel’s military cam- ple are totally opposed. We shouldn’t part of an institution I so lovingly became a paign against the terrorist organiza- be off on these tracks of impeachment, member [of]. Our nation’s veterans deserve tion Hamas has a clear-cut objective: suing the President. We should be leg- so much more. to restore Israel’s security by elimi- islating. An exemplary standard of Well, he is certainly right. Thousands nating rockets, shut down these infil- that is what I hope will be completed of Kentuckians have had to wait for tration tunnels from which Hamas is this week when the conference report more than a month at VA facilities in launching its attacks against Israel, comes to us from the House to com- Louisville and Lexington. and, indeed, to demilitarize Gaza. That plete this legislation. It is truly a good So the Obama administration needs is Israel’s objective. day for the American veterans and the to use every tool available to address This is clearly justified in the face of American people. the systemic failures of the VA, and it more than 2,300 rocket attacks into

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5007 Israel from Gaza since early July. I tection from these indiscriminate really is. The problem is very simple in strongly support Israel’s recent efforts rockets. many ways. Hamas is a terrorist orga- through Operation Protective Edge to This morning some of my colleagues nization in the eyes of the U.S. Govern- defend itself and to end the threat of will further explain the importance of ment. Hamas should be a terrorist or- additional rocket and infiltration at- Iron Dome and the need for the Israeli ganization in the eyes of any decent tacks by Hamas. Operation Protective Defense Forces to press on and finish person in the world. Edge also serves a larger purpose, and the job in destroying the infiltration What did they do? They have as their its resolution has broader implications tunnels and weapons stockpiles. Repub- goal not a two-state solution but a one- for the future of the Palestinian peo- licans are united in our support of state solution—the complete and utter ple. Israel’s defense, and this morning my destruction of the State of Israel. If If Hamas declares victory by keeping colleagues will explain our opposition you don’t believe me, just check out its weapons stockpile, by continuing to to any effort to force a cease-fire on their own charter. They have as their undermine Israel’s security, and by Israel that does not further its security tactics using their own people and chil- turning away from Egypt’s efforts to objectives. dren as human shields to win a propa- forge a reasonable cease-fire, the net In a situation such as this, Israel ganda war. result will be a relative weakening of only has one dependable friend. The When Israeli children are killed, it the Palestinian Authority and of those United States should not be trying to breaks Israel’s heart. When Palestinian in the West Bank who have worked to- pressure Israel to make a bad deal that children are killed, it breaks the heart ward a peaceful resolution of the over- leaves Hamas in a position to continue of all decent Palestinians, but Hamas all conflict. these attacks against Israeli civilians. sees it as a victory. They literally try So I support any effort which brings No one has been more active on this to put women and children in harm’s this campaign to an end in a manner issue than my colleague from South way to marginalize the ability of Israel that increases Israel’s security. That Carolina. I see him on the floor now. to defend itself against two things. The tunnels are something new in means specifically that Hamas cannot Therefore, I yield the floor. this fight. Forty-one tunnels have been be left with a large stockpile of mis- f discovered that go from the Gaza siles and rockets and cannot be left Strip—some into Israel itself—and yes- with infiltration tunnels. They must be RESERVATION OF LEADER TIME terday five Israeli soldiers were killed destroyed. Hamas cannot be allowed to The PRESIDING OFFICER. Under by an attack that came from Hamas aggressively rest, refit, and build up a the previous order the leadership time fighters that penetrated Israel through weapons stockpile. That weakens Israel is reserved. the tunnels. and the Palestinian Authority. f So Senator MCCONNELL is not only Here is what I oppose. I oppose any MORNING BUSINESS speaking for Republicans when he says efforts—any efforts by the inter- the Senate stands firmly behind national community, especially the The PRESIDING OFFICER. Under the previous order, the Senate will be Israel’s right to destroy the terrorist United Nations—to impose a cease-fire tunnels, but I think that is the body’s on Israel that does not meet these mili- in a period of morning business until 12 noon, with Senators permitted to view and Democrats’ as well. tary objectives and that therefore risks There is a resolution that is bipar- speak therein for up to 10 minutes actually rewarding Hamas for a cam- tisan in nature before the body, and I each, and the time equally divided and paign of terror and that seeks to make hope we can pass it before Thursday. In additional concessions to Hamas such controlled between the two leaders or the resolved clause, it says the Senate as easing security along the borders of their designees, with Republicans con- opposes any efforts to impose a cease- Gaza. trolling the first half and the majority fire that does not allow the Govern- An unfavorable settlement, espe- controlling the final half. ment of Israel to protect its citizens cially one that left the terrorist group The Senator from South Carolina. from threats posed by Hamas rockets Hamas with a stockpile of weaponry, Mr. GRAHAM. Mr. President, I re- and tunnels. That, I believe, is the view would create incentives for Hamas to turn the compliment to Senator of the Senate in a bipartisan fashion. continue smuggling arms from Iran MCCONNELL from Kentucky, the Repub- Today, Republicans take the floor to and, of course, to return to violence. lican leader. clearly state where we stand in this An unfavorable settlement would also I have been here now since 2002. conflict. We stand with Israel’s right to undermine the leadership of the Pales- There is no better friend of the State of defend itself against a terrorist organi- tinian Authority, which has attempted Israel than MITCH MCCONNELL. He is zation called Hamas. We stand with the to negotiate with Israel through peace- the former chairman and ranking Palestinian people’s legitimate aspira- ful means. member of the foreign ops sub- tions to have a better life. But until So let’s be clear. The terror tactics committee on appropriations that that day comes, we are going to be employed by Hamas show contempt for deals with aid to the world—particu- firmly in the Israeli camp to defend human life, whether Israeli or Pales- larly Israel—and it was his idea to themselves, because what would we do tinian. By employing rockets and mor- come to the floor today and have as a nation if a neighboring nation dug tars as weapons of terror against voices speak in support of Israel at a tunnels under our border for the ex- Israel’s civilian population or by using time when they need friends. press purpose of kidnapping and killing its own schools within Gaza as weapon Friends are great to have. They are our citizens. What would America do if depots, Hamas has shown a gross dis- wonderful in good times. They are a ne- one rocket coming from a neighboring regard for civilians. cessity in bad times. Israel is going nation fired indiscriminately to kill The Prime Minister of Israel put it through some pretty bad times and so American citizens? We would respond very well when he said: ‘‘[Israel] uses are the Palestinian people. in the most aggressive fashion, and we missiles to protect our people. They I wish to clearly make myself known. would have every right to do so. (Hamas) use their people to protect I have nothing against the legitimate As the minority leader stated, there their missiles.’’ hopes and aspirations of the Pales- is no moral equivalency. Israel tells There is no moral equivalency—none tinian people to have their own coun- you they are going to attack. Israel whatsoever. These tactics should be try, to live in peace and prosperity by calls before the attack. Israel gives no- loudly and widely condemned, and Israel. But they have to want it more tice about an impending attack. Hamas Israel’s right to defend itself should be than I do. secretly fires rockets, caring less where affirmed. The Palestinian people are suffering. they land. Their hope is that it hits a As I noted last week, Secretary Hagel Children are being killed, and the most kindergarten. That is their desire. And wrote to the majority leader seeking innocent people on the planet are chil- the only reason they have not been urgent funding for components of the dren. It breaks all of our hearts to see successful is because of the Iron Dome Iron Dome missile defense system. I them as a casualty of war. program that has been a collaboration and others support this request, as Iron But now is the time to be clear-eyed between the United States and Israel Dome has afforded Israel some real pro- and focused as to what the problem for many years.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5008 CONGRESSIONAL RECORD — SENATE July 29, 2014 There has been discussion about ap- the Palestinians has not borne fruit. thousands of rockets being fired at in- propriating additional dollars for Iron What to do? No. 1, pass more appropria- nocent civilians. Dome. That discussion needs to turn tions for Iron Dome because it is the Now is the time for the Senate to say into a reality. We don’t need to marry right and smart thing to do. with Israel, never again. it with controversial topics. Israel is No. 2, pass a resolution saying we op- under siege. We are the best friend of pose any cease-fire that does not allow The PRESIDING OFFICER. The Re- the State of Israel. They need this as- Israel to get to the heart of the prob- publican leader. sistance. Every Republican stands lem when it comes to terrorist tunnels Mr. MCCONNELL. Mr. President, ready to work with every Democrat to and dealing with the rocket threat briefly before Senator AYOTTE takes pass—in the next 5 minutes—additional against their country. the floor, I wish to commend Senator money for the Iron Dome program. No. 3, push back against the United GRAHAM for his suggestions. All three In tough times, what is the smart Nations that has lost its moral way. of those suggestions should be carried thing and right thing for America to The Human Rights Commission—which out this week. Time is of the essence. do? The smart thing for America to do is a subcommittee, for lack of a better In listening to the litany of actions is pursue a lasting peace, a peace with term, of the United Nations—passed a by the Palestinians that he re- meaning, and not repeat the mistakes resolution 27 to 1 about the Israeli-Pal- counted—and we all remember, going of the past. Insanity is doing the same estinian conflict in Gaza, and I will back almost to the founding of the thing over and over and expecting a read the first paragraph: State of Israel—I am reminded of what different result. Israel is beyond that Deploring the massive Israeli military op- one of Israel’s early Foreign Ministers moment. America needs to stand by erations in the Occupied Palestinian Terri- once said about the Palestinians. He Israel’s legitimate right to get to the tory, including East Jerusalem, since 13 said the Palestinians never miss an op- heart of the problem and not face this June 2014 that have involved dispropor- portunity to miss an opportunity. threat 6 months or 1 year from now. tionate and indiscriminate attacks and re- The one thing I can tell you that is sulted in grave violations of the human Mr. GRAHAM. Sad but true. rights of the Palestinian civilian population, not a smart thing to do is to give Mr. MCCONNELL. Sad but true. I re- Hamas a bunch of concrete. They are including through the most recent Israeli military assault on the occupied Gaza Strip, call when Prime Minister Barak was in not going to build schools with it; they the latest in a series of military aggressions office at the end of the Clinton years. build tunnels. All the aid the inter- by Israel, and through actions of mass clo- The administration brokered a deal national community has been pro- sures, mass arrests and the killing of civil- that Israel at that time was willing to viding to the Gaza Strip, through the ians in the occupied West Bank. offer and Palestine said no. It was a hands of Hamas, has not gone into This resolution is 1,600-and-some- deal they probably could not get today. building hospitals, schools, and the thing words, and it has a half sentence economic improvement of the lives of We have seen a litany of opportuni- about rockets against Israel and noth- ties wasted over the years, and the peo- Palestinians but to create tunnels of ing about the tunnels and never men- war. The tunnels are weapons of war. ple who suffered as a result of it have tions Hamas. obviously been the Palestinian people. The thousands and thousands of tons of The third thing I would like this concrete and iron that have been mis- body to do, through a letter of resolu- Mr. GRAHAM. Absolutely. With that, appropriated to build these tunnels tion, is let the United Nations know we I will turn over the debate to my good came from people with a good heart. condemn this one-sided view of the friend, the Senator from New Hamp- How long does it take the inter- conflict and that we find the Human shire, Ms. AYOTTE, who has been one of national community to wake up to the Rights Commission report objection- the leaders on our side on foreign pol- fact that Hamas has a bad heart—an able and, quite frankly, immoral. icy and is a steadfast ally of our friends evil, wicked heart. They could care less The vote was 27 to 1, and we were the in Israel. about their own people. They want to only nation that objected to this reso- The PRESIDING OFFICER. The Sen- destroy Israel. lution, which I think should make ator from New Hampshire. Mr. MCCONNELL. Will the Senator every decent person in the world feel yield for a question? Ms. AYOTTE. I thank my colleagues, Mr. GRAHAM. Absolutely. the shame of the United Nations. the Senator from South Carolina for Mr. MCCONNELL. We all remember I thank our leader on the Republican his leadership and our leader, the Sen- that 10 or 12 years ago Israel—which side for creating this opportunity and ator from Kentucky, for the incredible had previously occupied Gaza for the allowing us to speak on this issue, and work he has done in supporting our purpose of preventing these types of I thank him for his longstanding sup- great friend Israel and also leading this devastating attacks—left. They said: port for the State of Israel. body in terms of the issues he has We are through. They made a solid I close with this thought: In times of brought forward, not only in sup- statement and said: We are uncomfort- trouble, try to do the right thing and porting important protections, such as able occupying, and all we ask in re- the smart thing, and they both come the Iron Dome program, but also by en- turn for the removal of our occupation together on this issue. The right thing suring America remains safe and to do is to stand by your friends in is a peaceful border. strong. I thank Senator MCCONNELL The Senator from South Carolina has Israel; the smart thing to do is to stand very much for his leadership. just outlined that periodically this is by your friends in Israel. The right I rise because I had the privilege in what they have gotten in return for ba- thing and the smart thing to do is to March of traveling to Israel. I went sically leaving Gaza alone and giving it oppose Hamas, which has a wicked there not only to meet with the leader- a chance—if it chose to—to have a nor- heart, and allow Israel, once and for ship in Israel but I had the opportunity mal, peaceful existence. Yet they all, to fix this problem by demili- to meet with some of the Palestinian choose to continue the conflict, as the tarizing Gaza and dealing with the tun- leadership as well. Senator from South Carolina indicated, nels and the rockets. because they are not in favor of a two- As Senator MCCONNELL said, Israel I went to Sderot, which is a town in state solution; they are in favor of a has tried cease-fires time and time Israel. I was very much struck by what one-state solution. again without dealing with the mili- the Israelis are facing every day and Mr. GRAHAM. Senator MCCONNELL is tary threat they face. Not this time. the threat they face from Hamas, a ter- dead on point—land for peace. Give the When Israel says never again, they are rorist organization. Go to a town such Palestinians land and in return Israel referring to the Holocaust. America as Sderot and everyone in their house- gets peace. They gave the Gaza Strip to needs to stand with Israel and Israel hold has a bomb shelter. I met with the Palestinians, and what have they should say to Hamas: Never again will mothers there whose children feel trau- gotten in return? They got 2,500 rock- we allow a cease-fire that allows you to matized because they never know when ets in the last 3 weeks and terrorist dig tunnels under our borders to kid- the next potential rocket may be com- tunnels. nap and kill our citizens, and never ing toward their town, and it has very The idea that leaving an area will again will we allow you to rearm and much affected their children. It has af- lead to peace in the Middle East with rain holy terror on our people through fected them so much so that when one

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5009 goes to the playground where the chil- We condemn in this body very clearly Finally, we need to get to a point dren play, the playground itself con- what the Human Rights Council has where Gaza is demilitarized and they tains a bomb shelter. There is a cater- done. The notion that we are going to are put in a position where this threat pillar which looks like something your follow what China, Cuba, Venezuela, cannot continue. That is what we need kids would play in, but it is actually a and Russia tell the world, which is to get to thinking about. But we need bomb shelter because this town in their view on human rights—and they to allow Israel to deal with the threat Israel has been facing rockets from don’t even mention the actions of a of these tunnels and the missiles so the Hamas. That is what we need to under- terrorist organization that is at the children in Sderot will not continue to stand in this conflict: Hamas, a ter- root of the conflict we see right now in be targeted, so children—not only rorist organization, has not only used Gaza—talk about the situation where Israeli children but also Palestinian its own civilians, the Palestinians, as the fox is watching the henhouse. That children—can live in peace in the re- human shields but they have also con- is what has happened with this human gion. That cannot happen when Hamas tinued to threaten the children of rights council. Frankly, this council, continues to be a terrorist organization Israel so much so that their play- in my view, should be eliminated be- that threatens all children in the re- grounds have bomb shelters. cause it is the opposite of standing for gion. What is happening right now in this human rights; it is for standing for ter- Thank you. conflict is that Israel is trying to de- rorist organizations such as Hamas. The PRESIDING OFFICER. The Sen- fend itself against the threat of rockets I stand with the recommendations of ator from South Dakota. from Hamas which threaten their chil- my colleague from South Carolina and Mr. THUNE. Mr. President, I wish to dren and the Palestinian children, who our leader that we need to absolutely end on what my colleagues, the Sen- unfortunately have been put in harm’s condemn the human rights council. We ator from Kentucky and the leader, way by this terrorist organization, need to reaffirm in this body this week Senator MCCONNELL, say. Senator GRA- Hamas. before we leave our support for Israel’s HAM, Senator AYOTTE, and I appreciate They are facing a new threat. Can right to defend itself and to eliminate Senator MCCONNELL’s leadership in you imagine if we were faced with a the threat these tunnels present to the making very clear what is at stake threat where terrorists could pop up Israeli people, and, frankly, also to the here, pushing hard to make sure that through a tunnel and suddenly ter- Palestinian people as well, and to allow the Senate is doing its job in support of rorize the people in this country? Can them to finally address this threat Israel, making sure they are able to de- you imagine what we would do under from this terrorist organization fend themselves and the funding for the the same circumstance? That is the Hamas. Iron Dome which has been so effective threat the Israelis are facing right Until this threat is eliminated, there as a defense mechanism against these now. They need to eliminate these tun- can be no peace in this region. There rocket attacks is done in a way that al- nels to ensure that their people can be cannot be peace for the Israeli people lows them to continue to use it in that protected from this threat. and there cannot be peace for the Pal- capability. How did they build these tunnels? estinian people. So it is my hope that As you look at the situation in Gaza, They actually built some of these tun- we will take this up this week and I want to start by taking a step back nels by using concrete the Israelis let make sure we clearly send a message to and looking at this conflict in both the the Palestinians have for building Israel; that we stand with Israel, that historic and regional context. In Israel places such as schools, and instead we clearly send a message to the U.N. we have the only functioning democ- Hamas has taken this concrete and that we are not going to accept the hy- racy in the Middle East. Israel is a na- used it to build terror tunnels to allow pocrisy of the human rights council; tion that emphasizes human rights and them to either kidnap or kill Israeli that we clearly send a message to tolerance. Its population includes reli- citizens. Hamas: We know who you are. You are We stand with the people of Israel gious, ethnic, and cultural diversity. In a terrorist organization. Stop using ci- Jerusalem you can hear the Muslim and their right to defend themselves vilians to try to accomplish your pur- against this terrorist organization call to prayer, the bells from Catholic pose and we stand with you. and Greek Orthodox churches, and the Hamas and the terror it has brought I yield the floor for my colleague. prayers of the Jews at the Wailing Wall upon not only the country of Israel but Mr. MCCONNELL. Mr. President, if I all at the same time. There is no other also the terror it has brought to the may before Senator AYOTTE leaves the Palestinian people and how Hamas floor, I commend her on her contribu- place like this on Earth. This democracy, however, is situated stands in the way of peace in the re- tion to this discussion and particularly in a region of intense brutality and ex- gion overall. with her stories with regard to Israel, tremism. Historically that has meant We also stand against the hypocrisy and I would also add that I am sure the we have seen on many levels, and that Senator from New Hampshire agrees seemingly endless conflicts with hypocrisy and double standard has with me that the last thing the Amer- Israel’s neighbors, intentionally tar- been most apparent in the U.N. Human ican Government needs to do right now geting civilians in order to maximize Rights Council and the recent resolu- is try to pressure Israel into a bad casualties. One need only look across tion passed by that council. I have to cease-fire that doesn’t allow this terror the border into Syria to get a glimpse wonder why that council exists in the to be stopped. of this brutality. When Syrians made United Nations because they have At times it appears to me that the the first attempt at striving for democ- countries such as China, Cuba, Russia, American administration is trying to racy, the Assad regime began system- and Venezuela issuing a resolution con- push the Israelis into stopping before atically slaughtering opponents, in- demning Israel for what is happening they have finished the job. We all cluding gassing civilians with chemical in this conflict but in no way even know, based on past history, that un- weapons. As that violence spread into mentioning Hamas or what Hamas is less this operation is completed, these Iraq, radical terrorist organizations doing to use civilians as shields and ba- challenges will continue. such as ISIS began killing not only sically as targets so they can try to get I wanted to see if the Senator from Shia opponents but also other Sunni support from the international commu- New Hampshire shared my view. clerics who would not swear allegiance nity. Ms. AYOTTE. I would fully share the to ISIS. Communities with ancient tra- The opposite is happening in terms of Senator’s view. In order to end this ditions such as the Christians in Mosul, what Israel is doing. There is such a threat we need to support Israel and its who just 10 years ago numbered 60,000, contrast. Israel is taking steps to no- right to eliminate the tunnels, to ad- have been forced to flee for their lives. tify civilians if there is going to be a dress the missiles and eliminate mis- Mosul has been completely emptied of missile launched in their area. They siles and the stash that Hamas has that Christians for the first time in 1600 have warned civilians to leave areas. they are targeting Israel with—which, years. They have taken extraordinary steps by the way, would have had many more It is in this context the people of to protect civilian lives in contrast to civilian casualties but for the Iron Israel have built their nation. It is in what Hamas is doing; they are using ci- Dome system that we have supported this context that we now view the con- vilians as shields. and worked with Israel on. flict in Gaza. The current conflict in

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5010 CONGRESSIONAL RECORD — SENATE July 29, 2014 Gaza is one that Israel did not start. It that are consistently at odds with the conflicts. They are the objective that started with Hamas firing over 2300 facts and with reality. Here in the Hamas seeks—dead Palestinian chil- rockets from Gaza into Israel, specifi- United States we need to do as my col- dren and women and men. We know cally targeting civilian populated areas league from South Carolina said, the this because Hamas is engaging in a to maximize potential casualties. In re- right thing and the smart thing, and in war crime right now, not that the sponse, Israel has conducted a method- this case, the right thing and the smart United Nations Human Rights Council ical and enforceable response, as you thing are one and the same. So I hope would ever say anything about it. But would expect any nation to do. First my colleagues in the Senate will make Hamas is engaging in a war crime of Israel locates the source of the rocket. a priority providing the necessary using human shields—deliberately Then an attempt is made to call the funding for Iron Dome and in standing using human shields. Where do they residents by phone to tell them to united—united—behind our ally and place their rockets with which they are evacuate. In many cases a flare is sent our friend Israel as they defend them- raining down death and destruction onto the roof as a warning that the lo- selves from these attacks. upon Israel? They place them in cation is about to be hit, before that Mr. President, I see my colleague schools. They place them in private location is ultimately destroyed. from Texas is on the floor, and I would homes. They place them in mosques. In a region where neighboring leaders simply ask him what role he sees the Deliberately they surround their rock- indiscriminately drop barrel bombs on United States playing in both sup- ets and their terror tunnels with inno- residential areas for the sole purpose of porting Israel and providing support cent civilians. slaughtering civilians, Israel goes out for the Iron Dome. Israel right now is engaged in some- of its way to save lives. These are not Mr. CRUZ. I thank my friend from thing unprecedented in the annals of just civilian lives Israel is saving, be- South Dakota. modern warfare. It is undertaking cause they know that by their efforts The PRESIDING OFFICER. The Sen- more humanitarian effort to spare ci- they are giving the aggressors a chance ator from Texas. vilian deaths than any military has in to escape as well. Mr. CRUZ. Mr. President, I am recorded history. Before attacking, After Hamas continued to launch pleased and saddened to stand here in Israel sends out texts. When they dis- rockets into Israel, even when Israel support of my colleagues as we stand cover a rocket battery they need to agreed on multiple occasions to cease united in support of the Nation of take out because it is firing rockets fire, tunnels were used to insert com- Israel. targeting innocent civilians, they send batants near Israeli settlements. Israel In the last several weeks over 2500 texts saying: Clear out of the area. responded with a ground assault to de- rockets rained down over the Nation of They try to save the Palestinian civil- stroy the tunnels and eliminate Israel. Eighty percent of the popu- ians. They drop from the sky pam- Hamas’s stockpiles of weapons. As the lation had to flee what they were doing phlets on an area that is about to be attacks and rocket launches continue, and run to bomb shelters to hide— bombed to take out the rockets that it is understandable that Israel would moms, dads, children. When the alarm are coming from that area. The pam- want to seek out and destroy stock- goes off they have sometimes 10, 15 sec- phlets say to the civilians: Get out. Get piles of weapons to keep the cycle from onds to get to a bomb shelter. out because we are going to take out being repeated a few months from now. I want you to imagine if the same the rockets and you are in harm’s way. Like all of my colleagues on the floor situation were happening in America. Not only that, they have a practice of today, I want to see peace in the Mid- Imagine if 80 percent of this country in sending an initial knock bomb. What dle East. Specifically I want to see the last several weeks had run to a does that mean? It means the first peace in the Gaza and West Bank. I bomb shelter. Imagine if 240 million bomb lands on the roof and makes a want to see peace in such a way that Americans in the last several weeks knock. It doesn’t explode; it just the Palestinian people can live with had been sitting at work or in the doc- makes a loud knock. They do that for the prospect of a better life. But as we tor’s office or having breakfast and had a reason: So the people inside the have seen, peace is not possible when a to grab their children and run in panic building can look up, can hear the terrorist organization continues to toward a bomb shelter. Imagine what knock, and can flee the building so the pursue its cause of annihilating Israel. our country would be doing in re- second missile can take down the Peace cannot be achieved while Hamas sponse. building and the rockets that are rejects cease-fire agreements and con- In recent weeks we have discovered housed inside and being used to try to tinues to fire rockets. As violent as the that Hamas has opened a new chapter murder innocent civilians. current conflict in the Gaza strip is, it in the annals of terrorism. It is not A few weeks ago Prime Minister would be far worse—it would be far just raining rockets down from on Netanyahu summed it up very power- worse—if Israel did not have the Iron high, but it is now attacking from fully when he said: Israel uses missile Dome. In any conflict, civilian casual- below. Some 32 full-scale terror tunnels defense to defend our citizens. Hamas ties are a tragedy and if Israel did not have been discovered dug under the uses its citizens to defend its missiles. have the sophisticated, purely defen- ground under the border and coming up Israel has tried to warn Palestinian sive weapons system that allows it to in kibbutzes inside Israel along Gaza. civilians: Don’t be located where the shoot these rockets out of the sky, the Some of the tunnels come up inside missiles are because we are going to re- number of civilian casualties would be kindergartens. We have discovered in spond as any sovereign nation will to far greater. recent weeks a terrifying plot that was protect our citizens. Hamas does not drop leaflets telling underway for Hamas terrorists on Rosh What does Hamas say? Hamas tells civilians to evacuate. Hamas does not Hashanah to come through those tun- the Palestinians: Stay there. send flares to warn residents to get out nels—hundreds of them—to emerge in Picture that for a second. Israel is of harm’s way. If not for Israel’s Iron kindergartens to kidnap and murder warning civilians to clear the area be- Dome, civilian casualties in Israel vast numbers of young Jewish children. cause they are going to take out the would be staggering. The United States Imagine right now if enemies of this rockets and they are going to take out must continue to support Israel by en- country had dug tunnels into this the tunnels. The response from Hamas suring that Iron Dome missile defense country and were coming up into our is: No. Stay there. systems remain an effective deterrent schools. Imagine if Iran or China or Why? Because what they want to see to even greater civilian casualties. For some other hostile foreign nation had is Palestinian children, Palestinian as long as Israeli men, women, and tunnels from which your children and women killed so they can put the pic- children need to run to bomb shelters my children were at risk of being kid- tures on the Sunday night news be- ahead of Hamas rocket attacks we napped or murdered. Today in Gaza we cause they know the world—many at must support Israel’s ability to defend see massive civilian casualties that are the United Nations, many in the itself. the direct consequence of the violence media—will behave like useful idiots. The United Nations Council on of Hamas. They will point to the civilian casual- Human Rights and other countries You see, the human casualties are ties that are Hamas’s fault. When you around the world continue to do things not an unintended side effect of the put rockets on top of children, when

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5011 you tell the children ‘‘do not leave,’’ against nuclear ballistic missiles of the used in its Iron Dome missile defense when you know the rockets are going sort being developed in Iran. system. I am an unabashed, unrelent- to be taken out—it is Hamas, the ter- It is worth underscoring, even as the ing supporter of that effort. rorists who are responsible for those fighting in Gaza grabs the headlines, For many years, as a U.S. Senator on children’s deaths. Yet the inter- that we have to keep our eye on the far the Appropriations Committee, on the national community puts the pictures more serious danger of a nuclear Iran. Defense Subcommittee, as well as as a on the evening news and blames the na- The threat of a nuclear-armed Iran member of the Intelligence Committee, tion of Israel. would make Hamas and their rockets I know how important the Israeli mis- I am proud this week to have joined seem like child’s play. And our support sile defense system is, including Iron my colleague, Senator GILLIBRAND for Iron Dome should be understood in Dome, David’s Sling, and others that from New York, in filing a bipartisan the context of support for the contin- are absolutely crucial. I worked hands- resolution in this body condemning ued development of these systems, on with Senator Inouye—the late great Hamas’s use of human shields, con- which not only protect our friend and Senator, a Congressional Medal of demning it as a war crime, condemning ally Israel, but they protect us. There Honor winner—to make sure we funded it as an outrage, condemning it as the is a reason why Hamas and Iran refer the missile defense system for Israel direct reason we are seeing so many ci- to Israel as the ‘‘Little Satan’’ and the and to work on a bipartisan basis with vilian deaths. United States as the ‘‘Great Satan,’’ Senator Stevens and Senator COCHRAN. I have to note that one of the reasons because their intention with both is We worked together, and thank God it civilian deaths have been mitigated in the same terror, the same murder, the worked. We also implemented an agree- Israel is because of the incredible suc- same death and destruction. ment signed by President Bush with cess of the Iron Dome missile defense Israel is currently working to carry the Government of Israel that we system. Ronald Reagan’s ‘‘Star Wars’’ out the grinding work to eradicate would always help Israel maintain its is today’s Iron Dome. these terror tunnels that have been qualitative edge. We have done it, and We see unfolding in recent weeks in built under schools and kindergartens I am proud of it. Israel the product of President Rea- designed to kidnap and murder young Now more than ever an antimissile gan’s vision when he proposed the Stra- children. I would note that it is an defense system that has worked needs tegic Defense Initiative, or SDI, on enormously difficult task, one that to continue operation. We know the March 23, 1983. Critics at the time dis- might prove impossible were it not for technology works, but they need to missed it as ‘‘Star Wars.’’ The Pre- the success of Iron Dome limiting the make sure they have the tools to make siding Officer will recall—we were both effectiveness of those rockets. the technology work—these additional teenagers at the time, and we recall I encourage this body to stand to- rockets. learned experts, so to speak, going on gether, united as one, Republicans and We know Israel is under attack. It television saying SDI was a fool’s er- Democrats. There may be issues on has always been under attack since its rand; it was a dream. The analogy that which we disagree—there may be a very founding. This is not an existen- was given was you cannot hit a bullet great many issues—but we ought to be tial threat; this is not an abstract with a bullet; it can’t work. Well, run able to stand together as one and speak threat; it is a daily threat. We know the clock forward three decades, and in unison that we support the nation of Israel is trying to defend itself against we see an Iron Dome, the strategic vi- Israel and that we will work with the the grim, unrelenting attacks by sion of President Reagan, playing out nation of Israel immediately to replen- Hamas—a self-avowed terrorist organi- in real-time. ish their Iron Dome supply so they can zation that has sworn in its documents There is a wonderful video on protect the citizens there and so they not to allow Israel to continue. They YouTube that I encourage anyone who can do what is necessary to eradicate absolutely oppose an independent is interested to Google and watch. It is the Hamas rockets and terror tunnels Israeli State. a video called ‘‘Iron Dome Wedding.’’ If being used to commit war crimes. This month we are commemorating people Google it, they will discover a There should be a unified, bipartisan the Warsaw uprising. The Presiding Of- video from a wedding in southern voice in this body, and it is my hope ficer is a member of a group we affec- Israel. It is an ordinary wedding video, that by the end of this week that is ex- tionately call the Polish Caucus—those just like I suspect the Presiding Officer actly what it will be. of us who have a relationship with the and I both had from our weddings. But I yield the floor. Polish Government, one of our greatest in the midst of it, rockets begin com- The PRESIDING OFFICER (Mr. MUR- supporters in the NATO alliance. We ing through the night sky. We see PHY). The Senator from Maryland. recall that 70 years ago people were rockets come across the sky, and then Ms. MIKULSKI. What is the par- willing to fight back against the Nazis, we see Iron Dome interceptors come up liamentary situation? rising out of the sewers of the Warsaw and explode the rockets. One after the The PRESIDING OFFICER. The Sen- ghetto to be able to fight them off with other is hit and explodes, and the ate is in a period of morning business. sticks and stones and out-of-date weap- whole thing looks like fireworks. In Ms. MIKULSKI. May I proceed or ons, working to liberate Poland from the background we hear the wedding does the other party wish to—how Nazis oppression. music and the sound of celebrating, much time is remaining on our side? Miles away, in places such as Da- and we think, were it not for these Iron The PRESIDING OFFICER. The mi- chau, Auschwitz, and others, there Dome interceptors, those missiles nority has 3 minutes remaining, the were the death camps. We are 1 year might be landing on that wedding and majority has 47 minutes remaining. away from commemorating the libera- causing carnage and death and destruc- Ms. MIKULSKI. With the concur- tion of the death camps. We know that tion. But because of the potential, the rence of the minority party, I wish to as those people marched out of those power, the actuality of missile defense, proceed. I know they haven’t yielded death camps, they made their way into instead they are intercepted. back their time. If that is agreeable, Palestine, which became the State of There are indisputable differences be- and hearing no objection, I will pro- Israel. tween the intercontinental ballistic ceed. We were the first Nation to recognize missiles that SDI was designed to tar- The PRESIDING OFFICER. Without the necessary and rightful place for get and the low-tech missiles Hamas is objection, it is so ordered. Israel to exist as an independent gov- firing over Israel that Iron Dome is Ms. MIKULSKI. Mr. President, I rise ernment and forever and a day the intercepting. That is why Iron Dome is today as the chair of the Appropria- homeland for the Jewish people so they one part of a three-tiered system that tions Committee to talk about several would be safe from terrorism and what includes David’s Sling and the Arrow 2 challenges facing our country. occurred. and 3 systems, which are designed to First, I wish to respond to the com- I am for this whole Iron Dome sup- guard against more sophisticated weap- ments made by many of the Senators plemental, and we need to do it, but it ons, such as the longer range missiles this morning on the compelling need to cannot be the only thing we put in this being provided to Hamas by Syria and pass supplemental appropriations to supplemental. We have neighbors right Iran, and they would also defend help Israel replenish the rockets it has now hurting in our own country—our -

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5012 CONGRESSIONAL RECORD — SENATE July 29, 2014 Western States with wildfires raging as the chair of the Appropriations State of Maryland and my office in over hundreds of thousands of acres, Committee to say, why don’t we take a Baltimore have not had a good track land being depleted, local resources for third step that really will do the job? record. I vowed to my veterans that I first responders being exhausted, local Let’s pass the VA MILCON appropria- would try to break that backlog. And funds being worn down. We have to—we tions bill so we can actually put next you know what. Working together we have to—be able to respond to the year’s funding in the Federal check- have been able to do this. Western border. book rather than just putting VA on In the fiscal year 2015 bill, we fund an Then there is the crisis at our border, autopilot? We can actually make a big appeals process, we train additional and the crisis is at our border because difference with the new accountability, claims processors, we require the man- of the crisis in Central America. expansion of care bill, but that will agement at the Veterans Benefit Ad- So when we move on the supple- take days, weeks, months to put in op- ministration to deal with the backlog, mental, let’s look out for the great eration. Right this minute we could working with the new Administrator. State of Israel, let’s look out for our pass the VA MILCON bill as well as We have not only great ideas, but we neighbors who are facing wildfires, and giving new leadership. actually put the money in the Federal let’s look out for what is going on at I come here because I really do want checkbook. JOHNSON-KIRK did it. Do our border. to move the VA MILCON bill. you know how they did it? Yes, talking But, Mr. President, I came to the The Appropriations Committee to the VA, reviewing tons of GAO and floor, first of all, to compliment Sen- works through its subcommittees. And, inspector general reports, and guess ator SANDERS for the outstanding job wow, I have two great leaders on the what else they did. They talked to the he did working on a bipartisan basis to VA MILCON Subcommittee, the chair- veterans. They talked to these wonder- pass the Veterans Access, Choice, and man and ranking member, two out- ful volunteer service organizations. Accountability Act of 2014. What a standing Senators: Senator TIM JOHN- So I am going to propose something great job they did, out of a scandal—a SON of South Dakota and Senator later on today or later on this week. I terrible scandal—affecting our Nation’s MARK KIRK of Illinois. They have do not want to be the chair of a com- veterans, where they had to stand in worked so assiduously on coming up mittee who has her face pressed up line simply to see a doctor in the very with a bill for funding our veterans for against the glass looking longingly at country they fought to defend. fiscal year 2015. It is an outstanding the Senate floor with a bill I know will Now they have found they have had bill. But right now we are out there in help the Veterans’ Administration with to defend themselves against VA bu- the wilderness. We have moved it the heavy lifting to deal with the reaucracy and in some places through the subcommittee. We have health care and disability backlog. Be- duplicitous action. moved it through the full committee. cause I believe in no surprises and no Well, the Sanders bill goes a long It passed unanimously. We are out in stunts, later on today or later on this way, again, working on both sides of the ethers waiting to come to the floor. week, I will ask unanimous consent to the aisle and both sides of the dome. JOHNSON and KIRK, MIKULSKI and bring up the VA MILCON on third Gosh, when we do this, this is why I SHELBY, we are like people with our reading to be able to compliment what wanted to be a Senator. I know this is noses pressed against the glass. We see we are doing here today. I want to be why many others wanted to be a Sen- it within our grasp but we cannot get able to do that and I hope no Senator ator: coming here, working on concrete through. All we want to do is help to will object to it. problems, shoulder to shoulder, on a bi- complete the job we are trying to un- Now, just again, in the spirit of full partisan basis, hands across the aisle, dertake today. disclosure—because I truly have hands across the dome. And they did it. As much as the bill will be that Sen- pledged to my colleagues on both sides When this bill is passed, we will reduce ator SANDERS worked on, without the of the aisle I would never be a surprise the long wait times for veterans, we VA MILCON appropriations bill, the chair and I would never be one to pull will increase doctors and nurses and veterans will lack key tools to expand gimmicks or stunts—I am going to ask specialty providers. It will allow vet- care, important support personnel that that consent. I want people to know erans to see local providers if they allows the doctors and nurses to do about it so they can discuss it, chew on have been on a wait list for an ex- their job, important technology to run it, talk at their respective luncheons. tended period of time or have to drive contemporary institutions. By the When I ask unanimous consent, I am 40 miles to be able to get to a VA clin- way, the bill we are going to be work- going to ask that it be brought up on ic. ing on, the Sanders bill, is focused on third reading. Why am I doing that? Boy, do I know that when I look at health care, but we on the Appropria- Because under the rules of the Senate, some of the rural areas. tions Committee dealt not only with if you bring up a bill on third reading, We are going to pay for it with $10 aspects of that but also the terrible there are no amendments. So the ques- billion in mandatory emergency funds. backlog on veterans disability. tion would be: Senator MIKULSKI, are Mandatory emergency funds, that is Mr. President, veterans disability— you trying to stiff-arm again? No. I am the way to do it. not only do you have to stand in line to trying to get the job done. I am not The Sanders bill will go a long way in get health care, but you are standing trying to stiff-arm the opportunity to increasing personnel and also in ex- days, weeks, months to get your dis- offer amendments. But we have 72 panding a number of clinics—27 new ability claim. You have lost an arm or hours left before we take this really clinics. So I think it is great. a leg or you cannot breathe or you long break—really long, long, long, But as important as that bill is—and have PTSD and we cannot get your dis- very long—did I say ‘‘long’’—break. I it is an important step—it cannot be ability processed. This is unacceptable. do not think, when you need health the only step we take this week. I am What we do in the VA bill is come up care for veterans, when you need to so excited that shoulder to shoulder, with the funds to really modernize the modernize technology, when you need again, if we work together, we can do a VA. to crack the backlog—while we are trifecta for our veterans. We can pass First of all, just in terms of health kind of basking in the Sun some- the Veterans Access, Choice, and Ac- care, to complement the Sanders bill, where—I do not want them in line. countability Act—new opportunities we have money in there to develop So either this afternoon or sometime for health care, where veterans do not state-of-the-art technology so the doc- tomorrow, I will ask unanimous con- have to stand in line. Also, we are tors can provide medical health care, sent. I will turn to my 99 colleagues, going to vote today on Robert McDon- to make sure we have the modern and in the spirit of really meeting com- ald to give the VA a new Secretary, a equipment and the modern IT systems. pelling needs of our veterans, I will ask new CEO, new leadership, hopefully Right now, we need to be able to have that bill come up so that as we move new energy, new vitality, and new DOD talking to the VA because vet- through the other two aspects that we ways of doing business, bringing the erans come from DOD. But we have an are going to do to help veterans, we practical know-how of the private sec- interoperable system. We work to fix can do the VA MILCON bill. tor to meeting our mission. But as im- this. We also deal with this backlog. So I wanted to come to the floor portant as those two are, I also come You have no idea, Mr. President. My today to talk about how we support a

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5013 treasured ally, how we look out for our ago. We know Hamas. We know their But we are not like most countries in neighbors in the West fighting our tactics. What they are doing is putting the Middle East, for example, that have wildfires, and how we deal with the cri- rocket launchers in civilian neighbor- a steady stream of refugees. The sis in Central America, where children hoods near hospitals and apartments United States does not engage in ref- are being victimized and brutalized and homes, and they are launching ugee crisis alleviation because of our every day so they are making the long these missile attacks on Israel and dar- location and geography and our his- march across that terrain and territory ing them to fire back into civilian pop- tory. Seldom have we been challenged. to come to the United States of Amer- ulations. But today we are challenged. We are ica. Iron Dome protects the Israeli popu- challenged because in the first 6 So I hope in the short time the Sen- lation from the missiles being shot by months of the year 57,000 unaccom- ate is going to be in session this week Hamas in Gaza. Now the Israelis have panied children—children—presented and this month and even this year we invaded Gaza to go to the source to themselves at the border with Mexico. could use this week to meet the needs stop these rocket attacks. They were not trying to sneak in. They that are confronting us, but, most of Sadly, during the course of this effort literally walked across the border and all, I would hope we do not just do part in Gaza, there have been casualties— presented themselves to the first per- of the job for our veterans; we do this some on the Israeli side, of course; but son in uniform. trifecta that I am recommending: pass- hundreds, maybe a thousand on the They were told to do that by their ing the Veterans Accountability Act, side of the civilian population in Gaza. families. Why did they make the trip the health care act; give us a new CEO; This is because the strategy of Hamas to the border as kids—by themselves— and have a chance to pass the VA is to put their armaments smack-dab to present themselves? Because in in the middle of civilian populations. MILCON bill. three countries in Central America I yield the floor. As has been said, in Israel, they use there is a state of lawlessness: Guate- The PRESIDING OFFICER. The as- weapons to protect civilians; and in mala, Honduras, El Salvador. Eighty Gaza, they are using civilians to pro- sistant majority leader. percent of the children who have come tect weapons. That has to come to an Mr. DURBIN. Mr. President, I want to the border came from those three end. We have to have an end to the hos- to associate myself with the remarks countries. They are not just coming to tilities between Gaza and Israel. No na- of the chairwoman of the Appropria- the United States, incidentally. There tion—no nation on Earth—would sit tions Committee, my chairwoman, has been a 700-percent increase in refu- still for 2,000 rocket attacks into their Senator MIKULSKI. gees to adjoining Central American population. That is what Israel has I would add perhaps one particular countries from those three countries. faced over the past several weeks. But point; that is, this Senator will be This has been going on for some the people of Gaza also need much bet- basking in the Sun in Illinois during time. But for the past 2 or 3 years, it ter than they are receiving when it the recess, and I invite the Senator has gone from bad to dramatically from Maryland to come join us any comes to Hamas. Hamas, sadly, is engaging in tactics worse. We met last week with the Am- time she would like to. But it will not using human shields at the expense of bassadors from these three countries, be in ordinary vacation climes; it will the civilian population. When they are and we talked about what created this. be in my home State. I am sure the told about the civilians that are dying A lot of it has to do with the drug Senator is going to be spending a lot of in Gaza, leaders in Hamas say: Well, gangs—drug gangs that are trans- time in hers as well. they are martyrs for the cause. I will porting drugs through those countries Ms. MIKULSKI. If I could respond to have to tell you, it would be very dif- for sale largely in the United States. the Senator from Illinois, yes, I am ficult for me to understand and explain These drug gangs have become power- staying in Maryland because I had to a family that has lost a child they ful and rich, well armed and notorious hoped we would even be working on love that their child has just become a for their barbaric tactics. conference reports and so on. But while martyr. They recruit young people into their the Senator is in Illinois and I am in This has to come to an end. The hos- drug gangs at the point of a gun. They Maryland, most of all, we do not want tilities between Gaza and Israel have to mutilate those who even hesitate to our veterans standing in line for their end, I hope, in some negotiation and join the drug gangs. God forbid it is health care or their disability benefits. peaceful resolution. Maybe it is wishful your daughter, because they have a So shoulder to shoulder, forward to- thinking, but I do believe we need to reputation for raping young girls. If gether. make the effort. I commend Secretary they are not satisfied with their re- Mr. DURBIN. I thank Senator MIKUL- of State Kerry for his effort at trying sponse, they kill them on the spot and SKI. to engage Egypt and others in this con- leave them in plastic bags by the high- Mr. President, this supplemental ap- versation. way. That is why many families are propriations bill is important. It is The supplemental bill before us today sending their kids away from this dead- timely. One of the provisions in it is an provides more money for interceptor ly violence. additional $225 million for the Iron missiles for Iron Dome—to protect Two weeks ago I went to a shelter in Dome defense. The Iron Dome defense Israel—money requested by our Sec- Chicago. This was a transitional shel- is a joint effort by the United States retary of Defense, money which I sup- ter where 70 children from the border and Israel to protect Israel from rocket port. As chairman of the Defense Ap- are being held until they can be placed attacks. Imagine you are living in your propriations Subcommittee, we added with their families in the United hometown and a neighboring State or some $350 million for Iron Dome de- States or with some trusting family neighboring town just fired 2,000 rock- fenses in the next fiscal year which be- that takes up foster care. I saw these ets into your hometown. These are not gins October 1. This money is needed kids firsthand. Your image of them Fourth of July rockets; these are dead- now because of the hostilities between may be different than what you actu- ly rockets that kill. You want some these two countries. I certainly sup- ally see. protection. The Iron Dome provides port it. My wife said to me: Well, why do protection for Israel. A second part, the major part of this they not show pictures of these kids? This joint effort by the United States supplemental appropriation, deals with Well, they try to protect their identity and Israel has been successful. Despite the humanitarian refugee crisis we and confidentiality by not showing 2,000 rocket attacks, the casualties on have on our border. It is not often the photos. But if you could see them, you the Israeli side have been minimal, rel- United States faces a refugee crisis. would see children of all ages. There atively minimal, and it is because of Think back in history. The only refu- were five women who walked into the the Iron Dome defense. gees who come to our shores are usu- dining hall at this transitional shelter. What attacks does Israel face today? ally from nearby countries: Haiti, They did not seem to me to be 14 Well, they face Hamas attacks from Cuba. Occasionally, we have refugees years of age. Each one was carrying a Gaza. Hamas is an organization which coming such as after the Vietnam War, baby. They were the victims of rape in the United States characterized as a the Hmong people who were our allies Honduras. They were carrying these terrorist organization almost 20 years in that war. newborn infants in their arms, as they

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5014 CONGRESSIONAL RECORD — SENATE July 29, 2014 had done during the 8-day bus journey was providing foreign aid to those fam- ERS of Vermont, self-styled inde- to get to the border. I asked some of ilies and children because we are, in pendent socialist Democrat. How about the staff at this transitional shelter—I fact, a caring nation. That is who we that? SANDERS and MCCAIN sat down to had been told that many of the fami- are. Throughout our history we have solve the challenge facing the VA. God lies, before they send their young girls shown it. We need to show it again bless them. They did it. They are re- on this dangerous and sometimes dead- with these children. Some extreme porting a bill to us which is a dramatic ly journey, give the girls birth control American politicians have said: It is improvement over the current VA sys- pills because they anticipate they will not our problem. Put them on a bus. tem. be attacked during the course of this Put them on a plane and dump them We are now overwhelmed with the journey. They said: It is true. back wherever they came from—not Veterans’ Administration disability What desperation would you have to our problem. claims. Forty-five percent of the vet- reach before you turned your daughter God forbid that is the verdict of his- erans coming home from Iraq and Af- loose under those circumstances? tory, that the United States, when it ghanistan have filed a claim. We have These families are literally trying to saw vulnerable, helpless children, did tens of thousands of these claims pend- escape a burning home and sending not care. I think more highly of this ing, many of them for post-traumatic their kids to the only safe and secure country. I think we have proven over stress disorder. place they can think of. and over that we do care. There have We have said, incidentally, that we What do we need to do? First, we been some extraordinary statements are going to help all veterans. Some need to get to these countries and tell made about this crisis by many people. 400,000 veterans from other wars are them: Stop. Stop these deadly jour- The one that caught my eye was from making PTSD claims. In addition, we neys, these journeys which, sadly, lead a friend who happens to be the Gov- have those who served in Vietnam, ex- to harm and even death for some of ernor of the Commonwealth of Massa- posed to Agent Orange and with nine these children. Do not let this happen chusetts. Deval Patrick was born in different diseases being treated. We any more. We have to work with the Chicago. Maybe that is why I am par- have those who were victims of Gulf governments of those countries to tial to him. But Deval Patrick spoke War Syndrome being treated. We have make it clear this is the wrong thing to about Massachusetts and its feelings homeless veterans who are now being do. It is wrong because once these kids toward these children. brought in and counseled so they can get into America, they are not entitled He recalled moments of history. Here get their lives back on track. It is an to stay. They are not entitled to be is what he said: My inclination is to re- overwhelming responsibility which the citizens, unless, perhaps, they qualify member what happened when a ship VA has today. for asylum. They are going to be sent full of Jewish children tried to come to The Sanders-McCain veterans bill is back. the United States in 1939 and the going to address them by providing After they are sent back to these United States turned them away. Many more resources for our veterans and countries, if they ever try to reenter of them went back to their deaths in more medical professionals, which we the United States they can be found Nazi concentration camps. need. Remember—we all should every guilty of a felony. This is serious. So He went on to say: single day—that we said to the men the notion that they can just come to I think we are a bigger hearted people than and women who enlisted in our mili- America and stay here if they wish is that as Americans. tary and who volunteered: If you will not true. That is the first thing we I agree with Governor Patrick. Presi- raise your hand, swear allegiance to need to do. The second thing we need to do is to dent Obama has asked for resources to this country and risk your life, we will stop the smuggling and the coyotes care for these children, to place them, stand by you when you come home. that are bringing these kids into the to give them the right of seeking asy- We are going to keep our word. We United States. They are charging these lum if they can make that established promised. We are going to keep our poor families in Central America thou- legal claim and, if not, to return them, word. This bill—this veterans bill that sands of dollars they do not have to humanely, to the countries they came is going to come before us this week— bring these kids to the border. We have from. Two of the three Ambassadors we does exactly that. SANDERS and MCCAIN to work with Mexico to hold these met with, incidentally, said they could met with the House conferees and coyotes and smugglers accountable. not guarantee the safety of those chil- worked out an agreement—an agree- Third, I want to tell you, I think this dren in Honduras or El Salvador, if ment which is going to benefit the really is key to our discussion. This is they came back. Let’s do the right Hines VA in Chicago with an additional a test of who we are as a country. How thing and pass this supplemental ap- facility which they need. There is an many times in our history has the propriation. Let’s provide the resources amendment which is going to help fa- United States rallied for families and so these children are treated hu- cilities all across this country serving children around the world? manely, ultimately given their hear- our veterans—an amendment which Do you remember just a month or ing, ultimately returned, in most says: If you happen to live too far away two ago in Nigeria when 300 girls were cases, to the country they came from. from a veterans hospital, we are going kidnapped by Islamic extremists? How will history judge us? How will to find a way to make sure you get Members of the Senate from both par- we be judged if, when these refugee timely care that is near your home. I ties came to the floor to protest out- children came to our border, they were think it is the least we can do. We owe rage that 300 young teenage girls would turned away and sent back to harm, vi- it to our vets. be kidnapped by these extremists. We olence or even death? I tip my hat to my colleagues, Re- engaged at every level to let the world We do not want that to happen. That publican and Democrat alike, who put know America cared. It was not the is not who we are as Americans. We this together. I am looking forward to first time. There is a long history of it. care. We show it. Our government voting for it this week. We have stood for families and children should show it as well. The Senate will I yield the floor. around the world for humanitarian get an opportunity to do that very The PRESIDING OFFICER. The Sen- purposes throughout our history. Look soon—we hope maybe this day or this ator from Vermont. back to the refuseniks, the Russian week—as we wind down the session. Mr. LEAHY. Mr. President, I agree Jews who were being discriminated The last point I want to make is a with my distinguished colleague, the against in the Soviet Union. The tribute to two of my colleagues who senior Senator from Illinois. I think United States was one of the leading have done an extraordinary job when it Senator SANDERS and Senator MCCAIN nations in the world to stand behind comes to the Veterans’ Administra- showed that things can get done those families and those children, tion. I am referring to JOHN MCCAIN, around here. I think of the tremendous bringing them to the United States so my friend who came to Congress with work the Senator from Illinois did last that they could escape antisemitism me many years ago, the former Repub- year and helped us get an immigration and Communism. lican candidate for President and a bill through this body. We had a large When you look at the victims of the conservative from Arizona. He teamed majority of the Senate vote for it—Re- Haitian earthquake, the United States up with—of all people—BERNIE SAND- publicans and Democrats alike.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5015 How I wish the leadership in the to express my sincere thanks to GEN VA’s problems, which Mr. McDonald House had allowed them to vote on it. Eric Shinseki for his dedicated service will have to address immediately, have I think we would be in a far better po- to our Nation, first as a soldier and been widely reported in recent months. sition to deal with these problems with then as head of the VA, working tire- In my view, Acting Secretary Sloan the DREAMers and with those seeking lessly to provide for those injured dur- Gibson has done an excellent job in to come into our country. I applaud the ing war and the families of those who taking a number of critical steps to ad- Senator from Illinois for never giving perished on the battlefield. He set very dress the problems confronting the VA, up. ambitious goals, and under his leader- but clearly there is much more to be Mr. DURBIN. If the Senator from ship VA made significant strides in re- done. Vermont would yield for just one mo- ducing veteran homelessness and trans- We now know, among other issues, ment. I want to thank him personally. forming a paper-based claims system there is a significant shortage of doc- As chairman of the Senate Judiciary to one fit for the 21st century. I thank tors, nurses, and mental health pro- Committee, he has made a point of him and his family very much for his viders within VA, as well as the phys- making sure the DREAM Act, a bill service. ical space necessary to provide timely which I introduced 13 years ago, has It is my strong belief that Robert access to quality care. This is a major had a fair hearing before the com- McDonald will bring two very impor- problem because at the end of the day, mittee on more than one occasion and tant qualities to the position of Sec- no matter how well run the VA is or has been reported by the committee. It retary of Veterans Affairs. any health care system is, we are not was part of that comprehensive immi- First, he is familiar with the mili- going to be able to provide quality, gration bill. I thank him for bringing it tary as well as the needs of veterans timely care unless there are the doc- up. and their families. Mr. McDonald and tors, nurses, and other medical per- I just want to say for the record that his family have a history of service to sonnel available to do that work. As a one Republican Senator has said he our Nation. Mr. McDonald began his result of the shortages, we know that wants to deport all of the DREAMers. service as a cadet at the United States we have tens of thousands of veterans He is in for a fight because these young Military Academy at West Point. He today in many parts of this country on men and women are proving over and graduated in 1975 in the top 2 percent lists that are much too long in order to over they can make a valuable con- of his class with a degree in engineer- gain access to the VA. We also know tribution to this country. I thank the ing and went on to serve as an infantry that hundreds of thousands of veterans Senator from Vermont. officer in the Army’s 82nd Airborne, who have appointments scheduled are (The remarks of Mr. LEAHY per- earning Airborne and Ranger qualifica- waiting too long to be seen and receive taining to the introduction of S. 2658 tions during his military service. His care. are printed in today’s RECORD under father served in the Army Air Corps I think it is important that every- ‘‘Statements on Introduced Bills and after World War II. Additionally, his body recognize that as a result of the Joint Resolutions.’’) wife’s father was held as a POW after wars in Iraq and Afghanistan, in the Mr. FRANKEN. I yield the floor. being shot down over Europe. Her uncle last 5 years 2 million more veterans f served in Vietnam and still receives have come into the VA. This is on top care at the VA. Also, Mr. McDonald’s of an aging population of VA patients CONCLUSION OF MORNING nephew is currently serving and de- who served in World War II, Korea, and BUSINESS ployed with the U.S. Air Force. In Vietnam—patients who often need a The PRESIDING OFFICER (Ms. other words, Mr. McDonald and his whole lot of care as they age. So com- HEITKAMP). Morning business is closed. family have a deep understanding and bine new people coming into the VA, f service with the U.S. military. often with very serious problems—in- Upon hearing Mr. McDonald at the cluding some 500,000 veterans coming EXECUTIVE SESSION hearing we held in our committee for home from Iraq and Afghanistan with the confirmation process, I was con- PTSD and TBI—and an aging popu- NOMINATION OF ROBERT ALAN vinced that he has a deep passion to do lation with difficult problems, and that MCDONALD TO BE SECRETARY everything he can to protect our vet- is where we are, and those are some of OF VETERANS AFFAIRS erans. the issues the VA is going to have to The other quality Mr. McDonald address. The PRESIDING OFFICER. Under brings to this job is that he has been While I am on the subject, let me say the previous order, the Senate will pro- the CEO of one of America’s leading that most people understand—and that ceed to executive session to consider corporations, a company which has includes many of the veterans I talk to the following nomination, which the tens of thousands of employees. His every day in Vermont, veterans across clerk will report. more than 33 years with Procter & the country, and the national veterans The bill clerk read the nomination of Gamble gives him the tools to create a organizations that represent millions Robert Alan McDonald, of Ohio, to be well-run and accountable VA. In other of veterans—that once people get into Secretary of Veterans Affairs. words, he will bring the tools of a CEO the VA system, in general the quality The PRESIDING OFFICER. Under and a private corporation to the VA—a of care is good. That is not just what the previous order, the time until 12:30 huge bureaucracy that needs a signifi- veterans and their organizations say; will be equally divided in the usual cant improvement in accountability that is what a number of independent form. and in management. studies show. Our problem right now is The Senator from Vermont. As we begin debate on Mr. McDon- how to figure out a way that when peo- VETERANS HEALTH CARE ald’s nomination, I believe it is impor- ple apply for VA health care, they get Mr. SANDERS. Madam President, as tant that my colleagues understand into the system quickly and that once the chairman of the Senate Committee the realities he will face in leading the they are in the system, they get the on Veterans’ Affairs, I rise today in VA. appointments they need in a timely strong support of the nomination of The VA operates the largest inte- manner. That is our job. It is not going Robert McDonald to serve as Secretary grated health care system in the to be an easy job, but that is the job we of Veterans’ Affairs. United States, with over 1,700 points of face. I also thank Majority Leader REID care which include 150 hospitals, 820 My hope is that tomorrow or Thurs- for moving this important nomination community-based outreach clinics, and day the House and the Senate will be forward as quickly as he has, and I 300 vet centers. In fiscal year 2013 the voting on a comprehensive piece of leg- very much hope that later this after- VA provided 89.7 million outpatient islation authored by Congressman JEFF noon, with a very strong vote, the Sen- visits each day—today, tomorrow, yes- MILLER, chairman of the House Vet- ate will vote to confirm Robert McDon- terday. The VA conducts approxi- erans’ Affairs Committee, and me. I ald as Secretary of the VA. mately 236,000 health care appoint- think it is terribly important that we Before I talk about Mr. McDonald’s ments. In other words, it is a huge sys- pass that bipartisan legislation with a qualifications, I wish to take a moment tem. strong vote in both Houses because

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5016 CONGRESSIONAL RECORD — SENATE July 29, 2014 that legislation will give the new Sec- Madam President, I yield my remain- mostly to veterans—various kinds of retary the tools he needs to go forward ing time to Senator BROWN to hear his brain trauma, various kinds of physical aggressively in addressing many of the comments on the nomination. injuries, other kinds of treatment. problems facing the VA. The PRESIDING OFFICER. The Sen- That is why it makes sense for Mr. I hope every Member of the House ator from Ohio. McDonald to be the new Secretary of and Senate understands it is unaccept- Mr. BROWN. Madam President, I ap- the VA. That is why this veterans con- able that veterans in this country are plaud Senator SANDERS for his work on ference report is very important. on terribly long waiting lines and can- the veterans conference report. Mr. BROWN. I yield for my distin- not get the health care they need in a I spoke at a breakfast today. I was guished friend from Georgia. timely manner. with the Presiding Officer from North The PRESIDING OFFICER. The Sen- This legislation, which I hope will be Dakota at the Air Force Caucus. As ator from Georgia. passed this week by the House and the important as the Air Force is in North Mr. ISAKSON. Madam President, I Senate, provides $10 billion for emer- Dakota, it is equally important at ask unanimous consent to address the gency health care so that if a veteran Wright-Patterson Air Force Base in Senate for up to 5 minutes. can’t get into the VA, that veteran will Dayton, OH—outside of Dayton. The PRESIDING OFFICER. Without be able to go to a private physician, a One of the things I talked about at objection, it is so ordered. Mr. ISAKSON. Madam President, I community-based health center, a this breakfast is how proud I am, when want to commend Chairman SANDERS military base, or whatever but will be it looks as if the Senate does not get as for his leadership. Last night at 9:30 able to get timely care. much done as we would like, that Sen- p.m., I came back to the Capitol and In addition, the legislation puts $5 ator SANDERS and Senator MCCAIN— executed a conference agreement that billion into the VA so that they will be with a supporting cast but principally he has worked very hard on, and rank- able to hire the doctors, the mental the two of them—were able to nego- ing member Senator BURR worked very health counselors, nurses, and other tiate with a sometimes reluctant, hard on, and pulled together disparate medical personnel they need so that as sometimes erratic House of Represent- factions to address the needs of our soon as possible, when veterans apply atives on some of these issues. They veterans in a bill that is going to be a for VA health care, they will get not were able to negotiate a very good vet- erans bill that will primarily do three toolkit for Robert McDonald, who I only quality care but timely care. hope will be unanimously approved as In addition, this legislation addresses things: first, make those accountable the next Secretary of the VA in the an issue many veterans around the at the VA actually accountable; sec- President’s Cabinet. ond, take care of those veterans who country, especially in rural areas, are I rise to talk about Mr. McDonald, have had to wait longer than 30 days worried about—that if they live long but before I do, I want to talk about distances away from the VA, they will for their care in the VA, veterans who that conference report. not have to travel 100 miles to get the have earned this care; and third, will Our veterans have been abused in the health care they need; that if they live scale up the VA—the most important last 10 to 12 years because of a vet- 40 miles or more away from the VA fa- parts—so there will be enough doctors erans’ medical service that has not per- cility, they will be able to go to a doc- and nurses, mental health therapists formed the services they need to per- tor of their choice in that community. and occupational therapists, and form for our veterans in America. One This is an important step forward. enough beds and enough capacity at of the reasons they did this is, Admiral This legislation will also do some ter- the VA centers and at the community- Shinseki, who was the former Sec- ribly important work in making sure based outpatient clinics. If you are in retary, was actually insulated from a that widows—women who lost their the system, you get good care. It is lot of the information that was going husbands in battle—will be able to get just that too many haven’t been able on in his own Department by the senior the education they should be entitled to get into the system, partly because leadership at the VA who had become to under the post-9/11 GI bill. when we went to war a decade-plus ago, comfortable and passive and not active This legislation deals with an issue the people running the administration in terms of the operation of VA med- passed by the House; that is, instate in those days and the Congress said: ical services. tuition for veterans who today may not This war will be short. We don’t need The bill we signed last night that the be able to take advantage of the post- to bother with scaling up the VA. Senate will vote on in the next few 9/11 GI bill. That was shameful. They were dead days is the bill that gives Mr. McDon- This legislation also addresses a very wrong. Unfortunately, far too many ald and the next Secretary to come the serious crisis within the military veterans have paid the price. That is tools they need to enhance the VA and today; that is, the issue of sexual abuse why this legislation is so important. to make it a responsive organization to and providing women and men who The timing is perfect to get this reform the 22 million veterans, 6.5 million of have been abused sexually in the mili- at the same time that we have an op- whom use veteran medical services, tary with care at the VA. portunity this week to confirm Robert and to the 774,000 veterans in my home We are at a very important moment McDonald, a fellow Ohioan from Cin- State of Georgia who deserve and de- in terms of the Veterans’ Administra- cinnati who ran a company that had mand, if you will, the services they tion. We will have new leadership at more than 100,000 employees, one of the were promised when they went into the the VA after Mr. McDonald is con- world’s biggest, most prestigious con- U.S. military. firmed. We have a significant piece of sumer companies. Bob McDonald is an outstanding legislation that I hope and expect will He went to West Point. He served American. He was president, CEO, and be passed this week to give the new veterans before. He understands vet- chairman of the board of one of the leadership the tools it needs to start erans’ issues. I talked with him a num- most respected companies in America, addressing the problems facing our vet- ber of times, as has Chairman SANDERS, Procter & Gamble. erans. and Mr. McDonald, as the soon-to-be— He is the father of two, grandfather It seems to me that if this Nation I hope the new Secretary. I ask my col- of two additional children. He is an stands for anything, it must protect leagues to support him—new Secretary outstanding American and his wife and defend those who have protected will have these new tools because of Diane is an outstanding lady in support and defended us. When people put their this conference report which I am of him and his job at Procter & Gam- lives on the line and they come back hopeful we pass this week ble. He is going to need that support wounded from war—either in body or in Mr. McDonald understands the im- now as he heads to the VA. spirit—it seems absolutely immoral if portance of VA health care. He He was a captain in the U.S. mili- we turn our backs on those men and knows—he said this to me in my office tary. He graduated from West Point, women. and a couple of other times—that the was trained in airborne warfare, desert The legislation we will pass this Veterans’ Administration has a hos- warfare, and subtemperature warfare, week begins to address those concerns, pital system unlike any other in the and he is going to need those talents at and I hope we will do so under the new country. It knows how to treat unique the VA in each and every case because leadership Mr. McDonald will provide. illnesses and unique injuries—unique it is a mess.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5017 The conference committee report we expanded clinics in Lafayette and Lake Mr. MORAN. Madam President, I ask have passed gives him two tools that Charles. For 4 years I have been fight- unanimous consent to address the Sen- are essential. It gives him the author- ing the Washington bureaucracy tooth ate for approximately 4 minutes. ity to hire and fire title 38 and title 5 and nail to get these new expanded out- The PRESIDING OFFICER. Without employees. Title 5 employs the senior patient clinics. They are vitally impor- objection, it is so ordered. leadership and title 38 the next step in tant to Louisiana veterans who now MCDONALD NOMINATION leadership down, which is what the VA sometimes have to drive up to 4 hours Mr. MORAN. Madam President, I needs. The VA is an organization of to receive services that have been have been a Member of Congress in 340,000 people which in the last 3 years promised to them much closer to their both the House and in the Senate, and has averaged 3,000 disciplinary actions community. in my entire time as a Member of Con- a year. Each of those disciplinary ac- The current clinics in Acadiana are gress I have served on either the House tions meant people were moved from overcrowded and don’t offer the full or Senate Veterans’ Affairs Committee. one job to another within the VA and range of services that these new clinics Over that time I have worked with nine did not lose pay. There is no account- will. As I said, VA ineptitude delayed Secretaries of the Department of Vet- ability in the VA and there really has the clinics in the first place. If it erans Affairs. not been. That is why the systemic weren’t for their mistakes, these clin- Today I am here to add my support problems on appointments and vet- ics would actually already be built. and ask for the confirmation of some- erans services and everything else When they were finally teed up and one who I believe will be the next Sec- going on in the VA has not happened. ready to go, then the Congressional retary of the Department of Veterans By giving him the opportunity to hire Budget Office made a ridiculous deci- Affairs, Mr. Bob McDonald. and fire, he will have the respect and sion that again threw these clinics into I had believed—I do believe—that a attention of those who work in the VA limbo because of a scoring issue out of change at the Department of Veterans to understand full well they are going the blue. Finally in December, the Affairs was necessary. I made clear to have to carry out the game plan of House was able to pass a bill that dealt that we needed to change the leader- this leader. with these CBO concerns that passed ship at the top, and I believe this He understands metrics. He under- 346 to 1. change is a good thing for the Depart- stands accountability. He understands Normally when a bill passes with ment—the management of the Depart- leadership. He has taken a job he didn’t that sort of margin the Senate will ment, but, most importantly, for the have to accept, a job he didn’t need to quickly pass it by unanimous consent. veterans whom the Department is to have to do at this time in his life, but Unfortunately, that didn’t happen. serve. First we needed to attach an amend- a job he wants to do to give back to the I also know a change in the leader- ment to address some marginal con- country he loves and the country he ship of the Department of Veterans Af- cerns. Then even after we had done served in the military. fairs in and of itself is insufficient to that—even after that received full I am confident Bob McDonald will be solve the problems our veterans are agreement in the Senate, unfortu- an outstanding Secretary of the Vet- facing in access to health care and in nately Senate Democrats, led by the erans’ Administration, and I commend the long time our veterans are required Chair of the Veterans’ Affairs Com- him to my fellow Senators with my to wait to receive their benefits. mittee, held up the legislation basi- highest recommendation in the hopes I have met with Mr. McDonald in my cally as a hostage to try to get a broad- office. I also, as a member of the Sen- that he will be approved unanimously. er VA package. Actually I had to come I yield the floor. ate Veterans’ Affairs Committee, had down and ask unanimous consent for The PRESIDING OFFICER. The Sen- the opportunity to listen to him testify the House clinics legislation six times ator from Louisiana. and to ask him questions in the con- on the floor. Unfortunately, six times Mr. VITTER. Thank you, Madam firmation process, and I was com- Senator SANDERS denied that unani- President. pletely impressed by his candor, his mous consent. It was only after the VA I stand today also with high hopes sincerity, and certainly his commit- scandal broke that momentum shifted that the new leadership at the VA will ment to serving our Nation’s veterans. and, thankfully, it looks as though we bring much needed changes to a depart- He is a leader in the tradition of the will finally pass this into law, the clin- ment that is clearly, quite frankly, in 82nd Airborne Paratroopers who are ics legislation, along with this impor- a shambles, failing our Nation’s vet- well regarded as the first to be called tant reform bill. erans. During his committee hearing, When the authorization occurs, I when there is a military emergency. As the nominee Robert McDonald prom- strongly urge Mr. McDonald and the they say, when the President calls, the ised to bring a high level of account- VA to streamline the process to get 82nd Airborne will answer. In my view, ability and transparency to the VA, these two clinics built as soon as pos- that is exactly what we have in Mr. two characteristics that are sorely sible, given the long and arduous his- McDonald. When the President called, needed. This is extremely important in tory of VA delays and screw-ups. The he answered that call. He answered the an agency where under the leadership veterans of Louisiana have waited pa- opportunity to serve the veterans of of the previous Secretary it would tiently, literally for years. These clin- this country. often take months to get answers to ics are overdue. Let’s get on with it. When the President needed help, he routine questions—or in many cases Louisiana veterans have had to wait found someone, in my view, who will you would never get answers at all. for numerous delays caused by VA mis- dutifully fulfill the responsibilities of By the end of this week I am also takes. The least the Department can do being a Cabinet Secretary and work on hopeful that besides confirming the is to make sure these clinics are now behalf of our Nation’s veterans. new Secretary, we will send to the It seems to me there is no certainty built with the utmost haste and effi- President the Veterans Access Choice in this world in which we know people ciency. and Accountability Act. This impor- Thank you, Madam President. I yield for brief amounts of time, but it cer- tant legislation includes many needed the floor. I suggest the absence of a tainly seems clear to me that Mr. reforms to the VA, including bringing quorum. McDonald is the right person to lead that accountability to the Department The PRESIDING OFFICER. The the VA. He is willing and capable of re- and actually providing our Nation’s clerk will call the roll. storing hope in veterans so they can veterans with choices about where they The legislative clerk proceeded to trust the agency and the Department can receive care. call the roll. that was created for their benefit. The bill also, perhaps most impor- The PRESIDING OFFICER. The Sen- I asked the President—I don’t know tantly for Louisiana, finally authorizes ator from Kansas. that he ever saw my request or cer- much needed community-based clinics Mr. MORAN. Madam President, I ask tainly never probably listened to my around the country, including two unanimous consent that the order for request, but the plea was please nomi- which have been long delayed in Lou- the quorum call be rescinded. nate someone from outside the Depart- isiana by pure ineptitude and bureau- The PRESIDING OFFICER. Without ment of Veterans Affairs. This gen- cratic screw-ups at the VA—clinics and objection, it is so ordered. tleman, Mr. McDonald, while having

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5018 CONGRESSIONAL RECORD — SENATE July 29, 2014 military experience, has a significant More importantly, I really applaud tion. On July 23—the next day—Robert background of being the CEO of Proc- their work to build and strengthen the McDonald was passed unanimously out tor & Gamble, and in that position he VA system in order to continue to de- of the committee. Today—before the was well-known for his value-based liver the best care for our Nation’s he- end of July—we are on the Senate floor leadership, believing that ‘‘the best roes over the long term. to confirm Robert McDonald as the companies and leaders operate with a The deal they announced yesterday is next VA Secretary. clear purpose and consistent set of a very important step toward address- I rise to urge my colleagues to sup- principles or values.’’ ing a lot of issues that we know exist port this nomination. The VA needs a What the VA must do right now is to within the VA system, but it cannot be confirmed Secretary in place to begin a dismantle the bureaucracy, break down the final step. As transparency and ac- long, arduous process of reform and the culture of indifference, and review countability increase at the VA, so will cultural change. its commitment to the core values of the investigations and reports of addi- By now, our colleagues probably the Department. There is no higher tional concerns, requiring even more know that Bob McDonald is a veteran calling than to take care of the men action from the VA, from the adminis- himself. He is a graduate of West and women who served our country. tration, and from this Congress. Point. He served 5 years in active duty, Mr. McDonald shares that dedication However, as Chairman MILLER said and served most of that time at Fort to making certain our veterans have yesterday, we cannot legislate good Bragg, NC. So I consider him one of access to quality care—the best our character here in Congress. It is going ours. Nation can offer—and he is focused and to be up to the leadership at the De- He spent more than 30 years working ready to take on the challenges that lie partment of Veterans Affairs to truly for Procter & Gamble—I think the ahead. At least he convinced me that is enact those reforms. most competitive manufacturing com- the case. So I have come to the floor today in pany in the world. His work led him There is now, fortunately, com- support of the nomination of Robert across the globe. But he also had promise legislation poised to pass both McDonald, someone I believe has the prominent roles at a number of other the House and Senate this week that skills necessary to make these nec- organizations—Xerox, United States will soon offer veterans more access to essary changes as the next VA Sec- Steel Corporation, and the Business the quality care they deserve. Al- retary. Roundtable. though this legislation is significant, it As I told Mr. McDonald last week, he Mr. McDonald has frequently lec- is impossible for Congress to mandate a is faced with a truly monumental task. tured to groups on leadership skills, change in attitude. Leaders can change Even as we pass comprehensive legisla- and his leadership philosophy was high- attitudes at the Department. Congress tion to bring significant reforms at the lighted in the book ‘‘The Leader’s Com- does not have the power to control or VA to reduce wait times, to improve pass.’’ He is the type of leader we need develop a workforce that treats vet- accountability, there are still many se- at the VA at this very crucial time. erans like patriots, deserving care from rious challenges the VA must address. Bob McDonald clearly has the experi- a grateful nation, rather than to make Twenty-two veterans still take their ence to run an organization as large them feel as though they are a burden. own lives each day. Thousands of vet- and as diverse as the Department of Leadership throughout the institu- erans are alone, coping with sexual as- Veterans Affairs. Perhaps more impor- tion, starting with Bob McDonald at saults. And while the Department has tantly, he has selflessly agreed to take the top, must command the VA to head made commendable progress, it will be the challenge of leading the VA at its down a new path of redemption and an uphill battle as we work to elimi- most critical time—something many hope. We must create an agency that is nate veterans homelessness and the people might have passed on. more cost-effective, more compas- claims backlog. Mr. McDonald will I hope this week, in addition to this sionate, and more caring toward the have to grapple with these and many nomination, we will pass legislation to veterans it serves. The VA must be- more issues—all on day one. help the VA and its next leader address come an agency that is worthy of the When I met with Mr. McDonald in the systemic problems with access to service and sacrifice of our Nation’s my office a few weeks ago, he told me VA health care and a corrosive culture veterans. he was one of the veterans who was lost that led to this crisis. But that legisla- Madam President, I yield the floor. in the system during his transition tion would be just one step. An enor- f from military life to civilian life. So I mous amount of work must be done trust—I trust—he understands what a from within the VA to rebuild its rep- RECESS critical moment this is for the VA and utation and to turn it into an agency The PRESIDING OFFICER. Under why we must finally fix many of these that will live up to the expectations of the previous order, the Senate stands systemic and cultural challenges. our veterans and a nation grateful to in recess until 2:15 p.m. We have all made a promise to those them for their service. We need a Thereupon, the Senate, at 12:35 p.m., who have signed up to serve. So I en- strong leader to do that, and I am glad recessed until 2:15 p.m. and reassem- courage my colleagues to support this Robert McDonald has agreed to serve bled when called to order by the Pre- nomination. I am hopeful the steps we his country once again in this impor- siding Officer (Ms. BALDWIN). are taking here this week on behalf of tant role. f our Nation’s heroes will finally ignite The nomination received the unani- the much-delayed reforms our veterans mous support of the Veterans’ Affairs NOMINATION OF ROBERT ALAN have been demanding and they deserve. Committee. I urge my colleagues: Con- MCDONALD TO BE SECRETARY I yield the floor. firm Robert McDonald as the next Sec- OF VETERANS AFFAIRS—Contin- The PRESIDING OFFICER. The Sen- retary of the VA, and let’s get on with ued ator from North Carolina. the important work of reform at that The PRESIDING OFFICER. Under Mr. BURR. Madam President, I stand agency. the previous order, the time until 2:45 today not to rehash with my colleagues I yield the floor. p.m. will be equally divided in the the crisis that exists at the Veterans’ The PRESIDING OFFICER. The Sen- usual form. Administration or to share it with the ator from Alabama. The Senator from Washington. American people. They know the story, Mr. SHELBY. Madam President, my Mrs. MURRAY. Madam President, and especially our Nation’s veterans, colleague from North Carolina has just before I begin I do want to take a mo- who have been given the runaround. spoken on behalf of the nomination of ment to commend the chairmen of the I am here to highlight a success in Robert McDonald to be the Secretary Veterans’ Affairs Committees in both the Senate. See, my colleagues, on of the Department of Veterans Affairs, the House and the Senate for their July 7, 2014—not even a month ago—we and I will do likewise. He has also spo- commitment to reaching a deal that received the nomination for the new ken of his background as a graduate of puts our veterans first and gives the VA Secretary from the President. West Point, as an Army officer, and as VA the tools they need to address im- On July 22 of this month, we had a the CEO of one of the largest compa- mediate challenges. confirmation hearing on that nomina- nies in the world.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5019 I had the occasion to meet with Mr. an additional $5 million to investigate people, who had been bombed from out- McDonald, and he could be the man of VA scheduling practices. And legisla- side their territory and had been accus- the hour. I hope he will be. He looks tion introduced this week requests an tomed to running to bunkers, to shel- that way now. additional $17 billion to improve the ters, to places where they could be With that in mind, I rise today in VA over the next 3 years. safe, with the institution of Iron Dome, support of Robert McDonald’s nomina- While I commend these efforts to ini- often would come outside and see this tion for Secretary of the Department of tiate corrective action, I believe it is aerial fireworks display because it had Veterans Affairs. It is my hope that only a starting point. A lack of funding such a tremendous success rate. Robert McDonald will bring a renewed is not the mainspring of the VA’s trou- Now things have changed because in commitment, energy, and acumen to bled past. I look forward to working the latest conflict with Hamas—and address the Department’s systemic with the Presiding Officer and others— this is just in the course of the last 3 or problems that we all know exist. with the new VA Secretary—to ensure so weeks—over 2,300 rockets have been The allegations against the Depart- these problems at the VA are rectified fired into Israel. Hamas continues to ment of Veterans Affairs are incredibly as soon as possible before any more fire more rockets. serious. Therefore, I rise in defense of veterans are adversely affected. Each night, if you turn on your tele- our Nation’s veterans. Our veterans Solving the issues at the VA has vision news shows, you see another dis- have put themselves in harm’ way to never been more imperative than it is play of all of this going on over on that defend us, and I think it is only right today, as American service members side of the planet. Thus the need to that we do everything in our power to continue to risk their lives every day supply more of the Iron Dome system defend them and their interests when for our Nation. Support for our Armed and the ordnance that goes with it. they return home. Forces must never waiver, and it must And thus there will be this item that Allegations that veterans were not be just as strong when they return will be part of the supplemental appro- only denied timely access to care but home. Who will fight our wars in the priations request. I commend it to our that scheduling delays, secret waiting future if we do not prove that we re- colleagues to vote for it. It is a system lists, and lost records may have led to spect our veterans today? that consistently the U.S. has helped veterans’ deaths are totally unaccept- Veterans have risked their lives for to fund. It has saved a lot of lives. able. These allegations of mismanage- the freedoms we all enjoy and thus Remember, the ordnance that is ment and cover-up at the Veterans’ Ad- should receive the care they most as- being shot into Israel is usually not a ministration are beyond disturbing; suredly deserve and have earned. De- guided system. That is part of the ter- they are sickening, they need to be cor- fending veterans’ access to timely med- ror that is being aimed at Israel, be- rected, and they need to be corrected ical care today is the very least, I be- cause it is to inflict casualties upon a lieve, we can do because they defended immediately. civilian population. Yet, with this so- us first. Our veterans deserve better. Our vet- phisticated system, 90-percent effec- erans have earned these benefits I yield the floor. The PRESIDING OFFICER. The Sen- tive, it is saving a lot of lives. That is through their dedicated service and ator from Florida. what I wanted to share with the Sen- sacrifice to our Nation, and the VA ate. ISRAEL must correct these problems, not just Mr. NELSON. Madam President, a I yield the floor, and I ask unanimous study them. It is my hope that Robert part of the appropriations supple- consent that the time during quorum McDonald will actively work to address mental bill we will consider tomorrow calls be charged against both sides. these tremendous challenges. The PRESIDING OFFICER. Without But according to the VA’s recent na- is approximately $245 million—I think I have that figure right—for the addi- objection, it is so ordered. tionwide audit, new patients using the Mr. NELSON. I suggest the absence tional assistance to the Israeli Govern- Central Alabama Veterans Health Care ment for the Iron Dome system. of a quorum. System waited an average of over 74 The United States has been assisting The PRESIDING OFFICER. The days to see a primary care doctor. That Israel in order to be able to buy this clerk will call the roll. is totally unacceptable. That is nearly system. To the credit of the scientists The legislative clerk proceeded to three times greater than the national and the military planners in Israel, call the roll. average of 27 days for new patient wait they developed this system, and it is a Mr. BOOKER. Madam President, I times. I look forward to working with very sophisticated system. As a matter ask unanimous consent that the order the new VA Secretary to review the of fact, when you watch the rockets go for the quorum call be rescinded. Department’s plan to initiate correc- off, you will see an incoming round The PRESIDING OFFICER. Without tive action, both in Alabama and coming, in this case from Gaza, often objection, it is so ordered. across the Nation. without any precision guidance. Mr. BOOKER. Madam President, I While the VA’s wait time statistics That is an interesting thing, that rise today filled with anguish and are certainly disturbing to all of us, they are shooting at urbanized areas heartbreak that is shared by so many the problem does not end there. Allega- where the general civilian population Americans who have been watching tions that VA employees may have is, and they have incoming rounds that over the past week as countless inno- submitted false records to justify their no one knows where they are going; cent children and innocent civilians own receipt of performance bonuses thus, the need for a sophisticated radar have been killed and live in states of suggest the possibility that the deceit that can track it and distinguish first great fear or even terror. Millions are and mistreatment I have described may if it is going to fall in an area where running for bomb shelters time and also have been compounded by a lot of there is nobody, where there is nothing time again. We are seeing people in fraud. in the way of equipment that would be Gaza killed or maimed and seeing peo- In May, Appropriations Committee harmed and, therefore, save the ord- ple in Israel live under the terror in the Chairwoman BARBARA MIKULSKI and I nance that otherwise would be shot. sky and terror coming from below. wrote a letter to Attorney General Eric But the radar is so sophisticated that I want to stand resolute and clear Holder and called on the Department of within seconds and fractions of seconds about the true cause of this crisis. Justice to begin appropriate criminal it can determine that, and then shoot That lies squarely with Hamas, a ter- and civil investigations into allega- off the round that will intercept the in- rorist organization whose ends do not tions of misconduct at the Veterans’ coming round. start and finish with the well-being of Administration. We have also rec- It is a sight to behold to see this Iron the Palestinian people. Their primary ommended that the Commerce-Justice- Dome rocket go upward and then focus and their clear agenda is not Science appropriations bill—and we change its trajectory, almost at a 90- peace for their people. Written into serve as the chair and ranking member degree angle, to home in on the incom- their very charter is the firm deter- of that committee—provide the re- ing warhead, and they have a 90-per- mination to eliminate the State of sources for these investigations. The cent success rate. Israel. They have proven this evil de- Veterans Affairs and Military Con- When this system was first produced, termination to do everything necessary struction appropriations bill provides it was so successful that the Israeli to achieve their goal. They are willing

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Even worse, they are willing to protect civilians from Hamas-fired women working in the VA system, the put innocent Palestinians in harm’s rockets. broader organizational culture has way, causing death and destruction Hamas has fired over 2,500 rockets at failed to harness and strengthen indi- within their own communities, to their Israel over the past 3 weeks, while put- vidual efforts in order to fulfill our own children, to their hospitals and to ting innocent Palestinians at risk to promises to men and women that serve their schools. protect their stockpiles and their evil and their families. They are in the interests of wracking ends. Yesterday alone 51 rockets and When he assumes his new post Robert up casualties to add what they con- mortar shells were fired at Israel. McDonald will have his work cut out sider, in a warped way, moral force for In this time of crisis, America must for him at the VA, and he must lead their terrorist aim. I believe clearly in stand for a true peace for the Pales- the Department’s deep soul-searching. the evidence that this terrorist organi- tinian people and for the Israeli people. It is my hope that his management ex- zation is willing to stop at no end in Now, as a terrorist organization has perience at Procter & Gamble, includ- order to build their tunnels and to ad- evil ends to destroy the State of Israel, ing his experience addressing ineffi- vocate and advance their independence. we must stand with our ally. We must ciencies in a corporate entity, will They are willing to deny their people stand with the State of Israel. We must make him the right man for the job. food. They are willing to deny their stand for peace. Therefore, I support The replacement of a Cabinet Sec- people construction materials that this expenditure and continue a reso- retary alone does not increase account- could be building schools and building lute, unwavering, and unequivocal sup- ability, nor does it reform the under- infrastructure. They are willing to port of the continuance of the State of lying problems that enabled the envi- deny medical supplies. They are willing Israel. ronment we now find ourselves in. Mr. MCCAIN. Madam President, I am to deny a higher standard of living in These foundational reforms must take pleased that the Senate is taking ac- order to support clearly terrorist ac- place throughout the management of tion this week on two extremely im- tivities. the VA system, and they must address This is unacceptable. This is unac- portant measures for our Nation’s vet- long-term, as well as short-term, chal- ceptable. This is unacceptable. We as erans. First, Congress is poised to pass lenges. Americans cannot advocate for or in the Veterans Access, Choice, and Ac- any way accept a false peace that will countability Act. This compromise, bi- I was also pleased to hear that after allow Hamas, a terrorist organization, partisan legislation will, for the first many rounds of negotiations, Senator to continue their effort to destroy the time, provide our Nation’s veterans SANDERS and his counterpart in the State of Israel. Hamas is not seeking who cannot easily get into a Depart- House have finally reached a com- peace. Hamas is not seeking the peace- ment of Veterans Affairs, VA, health promise that addresses many of these ful coexistence between two states. care facility, the ability that most needed reforms. I commend them both, What they are simply doing is they are Americans already have: to choose and I hope this legislation will be willing to cause death and destruction their own doctor. I am also extremely swiftly brought to the Senate and to destroy Israel. Hamas is not a demo- pleased that the legislation allows sen- House floors and then signed by Presi- cratically elected organization. They ior managers of the VA to be fired if dent Obama, so we can get back on are a terrorist organization. They do they fail to do their jobs. track in serving our veterans as they not speak for the Palestinian people. The Senate is also set to approve the so honorably have served our Nation. I Hamas speaks for Hamas. nomination of Mr. Robert McDonald to look forward to working with the fu- Their history of killing Americans head the VA. As important as our leg- ture Secretary McDonald to ensure and Israelis and putting countless of islation is for fixing the VA, we cannot that timely access to quality care for their own people in harm’s way, caus- legislate a change in culture. Only the our veterans and their families is the ing their destruction and their denial head of an agency can reform a toxic ultimate priority of the VA. of the basics, must be stopped. For the culture that allowed veterans to die on The PRESIDING OFFICER. All time sake of the Palestinian people and for wait lists while senior officials lied in is expired. the sake of the Israeli people, we as a order to collect their bonuses. The question is, Will the Senate ad- Nation cannot support any measure or I have met with Mr. McDonald and vise and consent to the nomination of any agenda that gives this terrorist or- we see eye to eye on the massive prob- Robert Alan McDonald, of Ohio, to be ganization harbor or support, that lems that need to be fixed and the chal- Secretary of Veterans Affairs? gives this terrorist organization any lenges that lie ahead. I am confident he Mr. GRASSLEY. I request the yeas advantage in trying to achieve their is the right person with the right expe- and nays. end. rience to lead the VA during this chal- We cannot in this Nation advocate lenging time. He is a veteran himself The PRESIDING OFFICER. Is there a for that kind of false peace that allows but also has decades of private sector sufficient second? Hamas to go back to tunneling, to fir- management experience that will serve There appears to be a sufficient sec- ing rockets, to hiding missiles in him well in implementing the Veterans ond. schools and in hospitals, and putting Choice Card and repairing the culture The clerk will call the roll. more innocent children in harm’s way. of the VA to focus on the veteran and We as Americans must advocate for a restore honesty and accountability to The legislative clerk called the roll. true peace where two sides clearly rec- that workforce. I thank him for accept- Mr. DURBIN. I announce that the ognize the right for peaceful coexist- ing this challenge to serve the Nation Senator from Hawaii (Mr. SCHATZ) is ence and where both sides pledge to a again and look forward to working necessarily absent. true cessation of aggression, not a with him in the days ahead. Mr. CORNYN. The following Senators peace that allows one side to go back Mr. LEAHY. Madam President, as we are necessarily absent: the Senator to its evil end, to tunneling, to plot- have learned over the past several from Tennessee (Mr. ALEXANDER) and ting, to preparing just for the next at- months, there has been a clear and in- the Senator from Kansas (Mr. ROB- tack. We have seen this before in re- excusable lack of well-earned quality ERTS). care and timely service provided to cent history. We cannot allow it again. Further, if present and voting, the Right now we are in a state of crisis. many veterans who depend on it from Senator from Tennessee (Mr. ALEX- America’s voice must be resolute. the Department of Veterans Affairs. I ANDER) would have voted ‘‘yea.’’ We stand with our allies. We stand hope that the confirmation of Robert with the democratic State of Israel. We McDonald as VA Secretary will be the The PRESIDING OFFICER (Mr. stand against terrorism. next step forward in ensuring that our MANCHIN). Are there any other Sen- This is why today I come before you veterans and their families receive the ators in the Chamber desiring to vote? in support of the $225 million in addi- benefits, compensation, and support The result was announced—yeas 97, tional funding requested by the Depart- services they rightfully deserve. While nays 0, as follows:

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5021 [Rollcall Vote No. 243 Ex.] Service, Class of Counselor, to be Am- ceed to the consideration of H.R. 5021, YEAS—97 bassador Extraordinary and Pleni- which the clerk will report. Ayotte Gillibrand Murkowski potentiary of the United States of The assistant legislative clerk read Baldwin Graham Murphy America to the People’s Democratic as follows: Barrasso Grassley Murray Republic of Algeria. A bill (H.R. 5021) to provide an extension of Begich Hagan Nelson Bennet Harkin VOTE ON ANDRE NOMINATION Federal-aid highway, highway safety, motor Paul carrier safety, transit, and other programs Blumenthal Hatch Portman The PRESIDING OFFICER. Under funded out of the Highway Trust Fund, and Blunt Heinrich Pryor the previous order, there will be 2 min- Booker Heitkamp Reed for other purposes. Boozman Heller utes of debate equally divided prior to Reid AMENDMENT NO. 3582 Boxer Hirono the vote on the Andre nomination. Risch Brown Hoeven Mr. REID. Mr. President, I yield back (Purpose: To Modify the Provisions Relating Burr Inhofe Rockefeller to Revenue) Rubio all time. Cantwell Isakson Mr. WYDEN. Mr. President, I call up Cardin Johanns Sanders The PRESIDING OFFICER. Without Carper Johnson (SD) Schumer objection, all time is yielded back. amendment 3582 from the desk, and I Casey Johnson (WI) Scott The question is, Will the Senate ad- ask for its immediate consideration. Sessions Chambliss Kaine vise and consent to the nomination of The PRESIDING OFFICER. The Coats King Shaheen clerk will report the amendment. Coburn Kirk Shelby Larry Edward Andre, Jr., of Virginia, a Cochran Klobuchar Stabenow Career Member of the Senior Foreign The assistant legislative clerk read Collins Landrieu Tester Service, Class of Counselor, to be Am- as follows: Coons Leahy Thune bassador Extraordinary and Pleni- The Senator from Oregon [Mr. WYDEN] pro- Corker Lee Toomey poses an amendment number 3582. Cornyn Levin Udall (CO) potentiary of the United States of Crapo Manchin Udall (NM) America to the Islamic Republic of Mr. WYDEN. Mr. President, I ask Cruz Markey Vitter unanimous consent to dispense with Donnelly Mauritania? McCain Walsh Durbin McCaskill The nomination was confirmed. the reading. Warner Enzi McConnell The PRESIDING OFFICER. Without Warren VOTE ON HOZA NOMINATION Feinstein Menendez objection, it is so ordered. Whitehouse The PRESIDING OFFICER. Under Fischer Merkley (The amendment is printed in the Flake Mikulski Wicker the previous order, there will be 2 min- Franken Moran Wyden utes of debate equally divided on the RECORD of Wednesday, July 23, 2014, under ‘‘Text of Amendments.’’) NOT VOTING—3 Hoza nomination. Mr. REID. Mr. President, I yield back Mr. WYDEN. Mr. President, the Alexander Roberts Schatz all time. amendment that has just been offered The nomination was confirmed. The PRESIDING OFFICER. Without is an amendment the distinguished sen- f objection, all time is yielded back. ior Senator from Utah, Mr. HATCH, and The question is, Will the Senate ad- I have worked on for many weeks. It is NOMINATION OF LARRY EDWARD vise and consent to the nomination of a bipartisan agreement on emergency ANDRE, JR., TO BE AMBASSADOR Michael Stephen Hoza, of Washington, transportation funding that the Senate EXTRAORDINARY AND PLENI- a Career Member of the Senior Foreign Finance Committee reported virtually POTENTIARY OF THE UNITED Service, Class of Minister-Counselor, to unanimously 2 weeks ago. STATES OF AMERICA TO THE IS- be Ambassador Extraordinary and I urge our colleagues to support this LAMIC REPUBLIC OF MAURI- Plenipotentiary of the United States of amendment as a replacement for title TANIA America to the Republic of Cameroon? II of the House legislation. I will brief- The nomination was confirmed. ly describe why. As the Senate debates transportation VOTE ON POLASCHIK NOMINATION NOMINATION OF MICHAEL STE- funding, it is abundantly clear that all PHEN HOZA TO BE AMBASSADOR The PRESIDING OFFICER. Under the previous order, there will be 2 min- sides agree on the need for a long-term EXTRAORDINARY AND PLENI- plan to rebuild the Nation’s infrastruc- POTENTIARY OF THE UNITED utes of debate equally divided prior to the vote on the Polaschik nomination. ture. A number of our colleagues, led STATES OF AMERICA TO THE by Chair BOXER, a number of Repub- REPUBLIC OF CAMEROON Mr. REID. I ask unanimous consent that all time be yielded back. licans, Senator CORKER, and Senator The PRESIDING OFFICER. Without CARPER have made that point repeat- edly, and it is one I share. NOMINATION OF JOAN A. objection, all time is yielded back. The question is, Will the Senate ad- We cannot have a big-league econ- POLASCHIK TO BE AMBASSADOR omy with little-league transportation, EXTRAORDINARY AND PLENI- vise and consent to the nomination of Joan A. Polaschik, of Virginia, a Ca- and the chair of the Environment and POTENTIARY OF THE UNITED Public Works committee, Senator STATES OF AMERICA TO THE reer Member of the Senior Foreign Service, Class of Counselor, to be Am- BOXER, has consistently been on target, PEOPLE’S DEMOCRATIC REPUB- calling for a long-term plan to rebuild LIC OF ALGERIA bassador Extraordinary and Pleni- potentiary of the United States of the Nation’s infrastructure. The re- The PRESIDING OFFICER. Under America to the People’s Democratic ality is that every Member of this body the previous order, the Senate will pro- Republic of Algeria? has constituents who are driving on ceed to the consideration of the nomi- The nomination was confirmed. highways full of potholes and ruts, and nations, which the clerk will report. The PRESIDING OFFICER. Under our citizens end up having to write a The assistant legislative clerk read the previous order, the motions to re- big check for car repairs because of it. the nominations of Larry Edward consider are considered made and laid The best way to fix America’s trans- Andre, Jr., of Virginia, a Career Mem- upon the table. The President will be portation system is with a long-term ber of the Senior Foreign Service, immediately notified of the Senate’s plan. The reality, however, is that to Class of Counselor, to be Ambassador action. get to the long-term plan, what is Extraordinary and Plenipotentiary of needed first is a short-term path so we f the United States of America to the Is- do not have the transportation equiva- lamic Republic of Mauritania; Michael LEGISLATIVE SESSION lent of a government shutdown where Stephen Hoza, of Washington, a Career The PRESIDING OFFICER. The Sen- we don’t have the contracts being let Member of the Senior Foreign Service, ate will resume legislative session. and thousands of our people are put out Class of Minister-Counselor, to be Am- f of work, and a big set of economic bassador Extraordinary and Pleni- dominos starts to fall. We need a short- potentiary of the United States of HIGHWAY AND TRANSPORTATION term solution to prevent that from America to the Republic of Cameroon; FUNDING ACT OF 2014 happening. That is what the Senate has Joan A. Polaschik, of Virginia, a Ca- The PRESIDING OFFICER. Under before us today under a proposal from reer Member of the Senior Foreign the previous order, the Senate will pro- the Senate Finance Committee which

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5022 CONGRESSIONAL RECORD — SENATE July 29, 2014 Senator HATCH and I developed in a bi- particularly right now when it is so dry leagues who are interested in the inno- partisan fashion, working under the back home and in all of the Western vative approach used in Virginia. So we regular order. This bill is before the States. are going to have a variety of ideas to Senate under regular order and it in- So these are major differences be- look at transportation funding for the cludes with Democratic proposals and tween the House and the Senate ef- long term, but we have to get the Republican proposals. Senator HATCH forts, and, again, each of those ideas I short-term patch resolved in order to and I worked with every member of the describe is a sensible, bipartisan ap- get to the long term. committee to draft our bill. proach that comes about because we That is why I think for the House to The House has offered its own plan, used our regular order. For example, just say, Our way or no highway—I and Senator HATCH and I agreed to in- the Bennet-Burr amendment adjusts think for us to accept it today would corporate to the greatest extent pos- tax laws to treat liquid natural gas and simply be to abdicate our responsibil- sible House ideas in drafting our alter- diesel fuel on an energy-equivalent ities. I don’t think we are sent here to native, including adopting a measure of basis. That is going to reduce the tax just wring our hands and say, Oh, my customs user fees and some pension on liquefied natural gas. That is going goodness, we can’t do anything. There smoothing as revenue sources. to help us encourage more use. is no time. I would like to take a moment early What Senator ISAKSON and Senator We are going to get this done this on to highlight three major differences NELSON did clarifies pension rules and week. I believe the approach we have between what the Senate has done and ensures that workers receive their built in the Finance Committee is a what the House has done because I earned benefits. Many of these individ- more responsible approach. There cer- think they are at the heart of the bi- uals took their jobs in their teens and tainly is time to compromise. The re- partisan case for passing this amend- put in three decades of work by their ality is our staff—and Senator HATCH and I have had a number of conversa- ment. late forties. When I look at what the tions with Chairman CAMP on this, as I First, I think the other body simply House did in terms of pension smooth- indicated earlier—Senator HATCH and I overuses pension smoothing. I was ing, this raises real questions in my have agreed to adopt many of the struck in conversations with Senator mind about whether the Congress, House proposals. There is no reason HATCH and conversations with col- without really thinking through an al- this body can’t quickly come to agree- leagues—one of our colleagues said: ternative set of pay-fors, is going to ment with the House. The Congress has What is really striking about what the cause those young workers additional addressed much bigger pieces of legis- House is talking about today is that in- problems. lation and differences between the Sen- stead of having one problem, we would Finally, as I have touched on, Sen- ate and the House on tight timeframes have two. We already know we have a ator CRAPO and Senator BENNET have in the past. The reality is the Senate huge challenge in paying for transpor- done very good work. As we all know— has to act first or we are sending a tation long-term, as Senator BOXER has particularly the chairman of the Envi- message—and I will close with this be- noted, but if you go with the House ap- ronmental Public Works Committee— cause my colleague from Utah has been proach, it overuses pension smoothing. it is dry, dry, dry in the West, and what very patient and the distinguished You are going to have two challenges— Senator CRAPO and Senator BENNET did chair of the Environment and Public one, to pay for transportation, and sec- was come up with a bipartisan proposal Works Committee has been very pa- ond, what are you going to do with the that Senator HATCH and I have in- tient. If we simply say all we are going hopes and aspirations of all those cluded that is going to help deliver to do today is accept this House ap- workers who are depending on their water to farmers across the West. proach, this ‘‘our way or no highway’’ pensions? With those bipartisan initiatives, we kind of approach, we are going to ad- The second is the House ignores the were able to pick up support from such vance a bill that overuses pension whole concept of tax compliance— important groups as America’s Natural smoothing, and we are going to move something else that has had a strong Gas Alliance, the National Rural Elec- away from an approach both political bipartisan tradition here in the Con- tric Cooperative Association, and the parties have felt very strongly about, gress. Tax compliance is not increasing Western Agriculture and Conservation which is that tax compliance should be taxes. It is not tax hikes. It is not Association. They know that the only an ongoing part of our work. It should somebody jacking up people’s taxes in way to advance these important ideas be a part of our work today and it the dead of night. This is about col- is by adopting the amendment the dis- should be part of the bipartisan efforts lecting taxes owed under current law. tinguished Senator from Utah and I for tax reform that Senator HATCH and Let me emphasize that. It is taxes have offered. I are pursuing. It is not in the House owed under current law. Grover We have had some talk about how bill. It is in the Senate bill. We would Norquist—somebody who is not exactly there is just not enough time to send a be walking away from that provision soft on taxes, and I probably wouldn’t Senate amendment back to the House. by accepting the House approach, and quote him on everything—makes that I heard that statement made earlier we also would, as I have indicated, be point as well, agreeing that what is in today. I have made it clear to all con- walking away from bipartisan efforts the Senate finance bill involves col- cerned and I will state it again: This that are going to promote cleaner nat- lecting taxes that are owed. work is going to be done this week. ural gas vehicles, bipartisan efforts Finally, the House bill again ignores This is non-negotiable. The Congress is that will promote water use, and the some of the important bipartisan legis- going to get this resolved this week, good work done by Senator ISAKSON lation that Senator HATCH and I have and in no way, shape, or form are we and Senator NELSON on pensions at a included on matters that are of great going to have the transportation equiv- time when we are very concerned about interest to many Senators, including alent of a government shutdown. But their future. We shouldn’t do that the distinguished President of the Sen- the idea that the other body says, today. ate. ‘‘Hey, it is our way or no highway,’’ I I am going to yield to my colleagues Our bill promotes natural gas vehi- don’t think is a way to advance the who have been doing very good work on cles—natural gas, 50 percent cleaner kind of bipartisan, bicameral approach this issue. I think our plan is now Sen- than the other fossil fuels. Senator that is going to help us deal with the ator HATCH will make remarks on be- BENNET and Senator BURR came to- big challenges. half of the bipartisan efforts in the Fi- gether with some very good ideas on I have already indicated, as Senator nance Committee. Senator BOXER, the that. Senator ISAKSON and Senator BOXER, the chair of the Environment chair of the Environment and Public NELSON also came up with an approach and Public Works Committee, has said Works Committee, will speak after to strengthen pensions and how they so eloquently, we are going to have to Senator HATCH. It is my intention to are accounted for. And I was very deal with the long term. There are a stay here throughout the afternoon. I pleased that Senator CRAPO was very lot of good ideas for the long term. I think both sides would like to get this involved with Senator BENNET in im- think Senator PAUL from Kentucky de- done expeditiously, and I hope we can. proving water transportation—some- serves to have his ideas on repatriation The PRESIDING OFFICER. The Sen- thing hugely important for the West, addressed. We have a number of col- ator from Utah.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5023 Mr. HATCH. I would be happy to have been skeptical of using this tactic that the House bill does not include the allow Senator BOXER to go first. as a pay-for, mostly because it diverts tax compliance provisions. Mrs. BOXER. No, not at all. Please necessary funding away from national Neither the House bill nor our bill is proceed. trade priorities. However, we drafted perfect, in my opinion, but they both Mr. HATCH. Mr. President, I appre- the bill to ensure that enough money accomplish the same goal and they do ciate the comments of my distin- was left in future extensions to pay for so in a way that under the cir- guished colleague, the chairman of the things such as the Generalized System cumstances I think both Democrats Senate Finance Committee. of Preferences, the African Growth and and Republicans can and should sup- Today the Senate will vote on a Opportunity Act, and the miscella- port. short-term extension of funding for the neous tariff bill, all of which are im- So while some would say we failed to highway trust fund. portant to our Nation’s trade agenda. reach an agreement on the highway While it remains to be seen what Our compromise bill also transfers $1 bill, I think it is pretty clear there is a shape that extension will take, Con- billion from the leaking underground lot of agreement on these matters and gress appears to be poised to pass legis- storage tank trust fund—called that one way or another we are going lation that will ensure that the trust LUST—to the highway trust fund. The to get a solution soon. fund will not face a shortfall and that remaining funds would be raised In the end Chairman CAMP produced States will be able to continue to plan through a variety of tax compliance what I think is a good bill. I think and implement their transportation measures, all designed not to raise Chairman WYDEN and I have done the projects. This is important. As many taxes but to realize revenues already same. I would vote for either approach have noted, passing this extension will owed to the Treasury. because, as I said, they aren’t all that preserve thousands of jobs and prevent The Finance Committee bill does in- different from one another. I reiterate disruption of a number of different clude a provision designed to claw back that the funding levels in the House highway projects that are currently in orphan earmarks. The provision deals bill and the Finance Committee bill— existence. with earmarks included in previous and therefore the length of the two ex- It has taken a lot of work to get to highway bills. I wish to thank Senator tensions—are virtually the same. That this point. It has required the collec- COBURN for the idea that was the basis point is important, as there is an ef- tive good will of Members of both par- of this provision, though in the end we fort, as evidenced by another amend- ties and it has meant compromise on didn’t go as far as he or I would have ment we will be voting on today, to put both sides. liked. an artificial deadline on the extension. In the Senate Finance Committee, As I said, all told, our bill will pro- I gather from the statements made by both Chairman WYDEN and I worked to- vide nearly $11 billion in funding for proponents of this approach that they gether for weeks on a bipartisan Fed- the highway trust fund and prevent the hope this amendment will somehow eral highway funding extension. At the funding crisis that is on the horizon if force Congress to reach an agreement outset of these negotiations, I stated Congress does not act. Once again, this on a long-term extension before the that I hoped any agreement to extend legislation represents a bipartisan end of this year. This effort is, in my the solvency of the highway trust fund agreement between Chairman WYDEN view, misguided, and I would hope, would contain spending cuts and re- and myself. It was reported out of the given the fact that both the House of forms to go along with any revenues. I Finance Committee by a voice vote, so Representatives and the Senate Fi- fought hard on that point, but in the it is an agreement by both sides. nance Committee have reached vir- end that particular goal of mine, with I wish to thank Chairman WYDEN for one exception, had to be set aside in his willingness to reach across the aisle tually the same conclusion on the order for an agreement to be reached. in this effort. He has been a particu- length of the extension, Senators will Of course that is how we pass legisla- larly good partner with whom to work. think twice before voting to shorten it. tion. If everyone got everything they The Finance Committee has a long tra- Ultimately, we all want to get to a wanted out of a deal, it would not be a dition of working on a bipartisan basis long-term deal when it comes to the compromise. While I maintain that a to provide funding for the highway highway trust fund. That desire is deal to extend funding for the highway trust fund, and I am glad we have been shared across both Chambers and both bill should include reductions in spend- able to continue that tradition with parties. I think we can get there. I ing, I am willing to continue that par- this legislation. don’t think we need to impose an arti- ticular fight on another day. My only regret is that we were not ficial timeline or deadline—one that After weeks of negotiations—some of able to reach an agreement with Chair- would create a similar crisis to the one which were very hard fought—we were man CAMP of the House Ways and we are facing now just a few months able to come to an agreement on a Means Committee, whom both the down the road—in order to do it. funding bill that I believe both parties chairman and I highly respect. He has There are other efforts out there that can support. That, in my view, is more a tough job over there, and we have would seriously alter the trajectory of important than any individual demand nothing but great respect for him. this bill. I wish to stress that what we I may have had going into the discus- The two committees met over the are working on is a short-term exten- sions. July 4 recess, and I believe both Chair- sion. Once the highway trust fund has I wish to take a few minutes to speak man CAMP and Chairman WYDEN acted been funded by this bill, we will need to about the specifics of our proposal. in good faith to try to reach an agree- start working on a long-term bill that Overall, our bill would provide nearly ment, but in the end, it did not end up will give the transportation commu- $11 billion in funding for the highway happening. In my view, this is unfortu- nity stability and predictability, and I trust fund, which is enough to extend nate. Had we been able to reach a bi- believe both the chairman of the com- its life until the middle of next year. Of partisan, bicameral solution on this mittee and myself truly mean we will that total, $2.7 billion would be pro- issue at the outset, it would have do so. We will need to be thoughtful in vided by pension smoothing. I do have helped to speed this process along. our approach and must consider every to say I am not a fan of using pension Still, if we take a look at the bill the option to ensure that our Nation’s in- smoothing as a pay-for on the highway House passed earlier this month, we frastructure will be safe, efficient, and bill or in any other context for that will find it is similar in many respects reliable well into the future. But before matter. We stated as much on the to the legislation Chairman WYDEN and we discuss any fundamental changes to record numerous times. However, we do I have put together. They provide vir- the structure of the highway trust face a funding emergency with regard tually the same level of funding, so fund, we need to get this step out of to the highway trust fund. That being there is not a substantive difference in the way first. the case, I was willing to compromise the amount of time they would extend As I conclude, I wish to take a mo- on that point. the trust fund. The major funding ment to once again commend our Next, the bill provides an additional pieces—pension smoothing, Customs chairman, Chairman WYDEN, for his ef- $2.9 billion by extending Customs user user fees, and the LUST transfer—are forts on this legislation. From the out- fees. Once again, in other contexts, I all the same. The primary difference is set he was willing to reach across the

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5024 CONGRESSIONAL RECORD — SENATE July 29, 2014 aisle on this bill and as a result the Fi- a more broad-based tax. We would do Now, my friend says artificial dead- nance Committee produced a viable, bi- away with the gas tax. No more Fed- lines are bad. But let’s face it. Their partisan product. His leadership in get- eral gas tax at the pump. That would bill raises—I think it is $11 billion. Am ting us to this point has been essential. solve our problems. You set it at a rate I right on that? So we know it takes it We are very close to solving this where it floats, and we would have 100 to May 31. That is their deadline. Our problem and avoiding a crisis. We just percent certainty. Senator WYDEN was bill, in the Carper-Corker-Boxer re- need to get a bill over the finish line, quite open to it. He took a look at it. write, takes it to December. We cut it and I hope we can do that in short I know he floated it. Clearly, we did back. We totally eliminate pension order. I yield the floor. not have the type of support we would smoothing—totally eliminate it—and The PRESIDING OFFICER. The Sen- need. we take it back to $8 billion, and that ator from California. Then the Chamber of Commerce and forces us to do the job in December. Mrs. BOXER. Mr. President, I would the AFL–CIO said: Do you know what. Look, this Congress has to do its like to take my time off the general We have not raised the gas tax in 21 work. The trust fund expires during debate time; is that appropriate? years. Mr. President, we have not this Congress. Now we are kicking it The PRESIDING OFFICER. The Sen- raised the gas tax in 21 years. I did a down the road to the next Congress. ator may proceed. little reading and found out the first Whatever the Senate wishes, I will go Mrs. BOXER. I thank the Chair. I am President to initiate the gas tax—and I along with it. If the Senate says, no, so pleased to be on the floor because say to Senator HATCH, he might be in- we are going to go with that longer the Senate has to be heard on this terested in this—the first President to term extension, so be it. I will fight issue of the highway trust fund and our formulate a gas tax—and it came in at just as hard to move forward with a 6- whole transportation system for that a penny—was Herbert Hoover. The next year bill, I say to my colleagues, when matter. I do wish to praise Senators President who raised it was President we get back or in a lameduck. WYDEN and HATCH for coming together Eisenhower, who had that great vision I want to close by talking a little bit across party lines and making some to then put it into a trust fund for about pension smoothing for just a real improvements in the pay-fors that highways, and he raised it a couple of minute because I so agree with Senator are associated with this extension. I cents. So it was about 3 cents. The next HATCH when he says this is not his fa- am very much in favor of the way they President to raise it was President vorite thing. It is not my favorite handled this bill, and I am also very Reagan. And the next President to thing either, and we come from dif- much in favor of the way the pension raise it was George Herbert Walker ferent sides of the aisle. smoothing was handled in the Carper- Bush. They were all Republican Presi- So just to be clear, what we are say- Corker-Boxer amendment because that dents. Then President Clinton raised it. ing to companies is, you can set aside does away with it altogether, because Clearly the Congress supported it less money for your pension require- we shorten the timeframe so we don’t each and every time because it is a ments to your employees. Now, I have need any pension smoothing in there. user fee. So that is an alternative. to admit in the light of day, I voted for Before I speak specifically about the There are many other ideas. I know that the last time when Senator Bau- wisdom of what the Finance Com- Senator WYDEN and Senator HATCH cus brought that forward. I did. But it mittee did and my hope that we can have a number of ideas, and I know also was a company buy, an increase in get it over the finish line today, I want Senator HATCH prefers a user fee. It the amount of money companies had to to give kind of an overview of where we makes sense. But because of the time pay into the Pension Benefit Guaranty are in general. crunch—because of, because of, because Corporation. If a company goes broke For 2 years we have known that our of—we did not get it done. and they cannot pay their pensions be- Transportation bill expired September I am proud. Senator VITTER is proud. cause they have not set aside enough— 30. We have known this for 2 years. Yet, We got it out of our committee, a 6- and with our help they are not having and still, here we are at the 11th hour year bill. It is not a great, massive bill. to set aside enough—what happens with an extension. It just takes the current program, adds then? The Pension Benefit Guaranty This is probably, I think, the 12th ex- inflation, and extends it for 6 years. I Corp kicks in, and that is funded by tension in a few years. I think that is can tell you, if Senator VITTER and I the companies. But if that does not so unfair to the people of this great can agree, if Senator CARPER and Sen- have enough—and my information is it country who rely on their bridges and ator BARRASSO can agree, if Senator is short $34 billion, as we speak—the their highways and their transpor- CARDIN can agree with Senator SES- taxpayers will have to bail it out. So tation systems. It is so unfair to the SIONS, and Senator SANDERS with Sen- this pension smoothing is really, really thousands of businesses that work to ator FISCHER—I could go on. Our com- dangerous. It is an offset that is not a rebuild our infrastructure, and it is mittee goes from left to right, and ev- good one. very unfair to the millions of workers erybody agreed we should have the 6- Now, the Wyden-Hatch proposal is who work in construction. year bill. much, much better than the House pro- We still have 700,000 unemployed con- So as I stand here today, I am dis- posal because it cuts it basically in struction workers. When we do a piece- tressed that we do not have that before half. The Carper-Corker bill cuts it out meal bill like this, of course, it is bet- us, but I am still grateful to my friends completely. So we just have to step to ter than doing nothing—there is no for doing what they could politically the plate. I think Senator WYDEN is doubt about that; I would not argue do. But I feel it is a sad day for us, and right. Here we are bailing out—if I that—but it still sends a message of in- I know and I hope we pass this Wyden- could use those terms—the highway decision and, frankly, I think of incom- Hatch substitute. It is a much-im- trust fund until May, while we set up petence on our part, and I step to the proved way to pay for the extension. another potential weakness in our pen- plate on that. But we are extending all the way to sion system. It is not smart. It should But I am very proud to say that my May, right up against the next con- not be done. We had 2 years to figure committee—100 percent bipartisan; we struction season. Now, if you are a this out. did not have a dissenting vote—passed State—whether it is Utah or California But no question—no question—the the 6-year transportation bill. When we or West Virginia or Maryland or Or- Wyden-Hatch proposal is a far better did that, I went to my colleagues and egon; it does not matter—you are not proposal. Just making sure people pay said: I know you have the hard job. You going to enter into any agreement. No their taxes, that is something we have to figure out the long-term fund- businessperson is going to take this on should all believe in, and, for the first ing. I want to help you. I came forward where you do not know what the future time, the two Senators brought that and I said: Why don’t we look at sev- holds. issue forward to a successful conclu- eral proposals. One is what they are So we are putting it off again, and it sion. I am very, very grateful to them doing in Virginia. This was a Repub- is sad we are doing it, and we have 60, for that. So I very strongly support lican idea. It is to do away with the gas 70, 80 groups out there, which I will list this. tax completely and replace it with a later, that are supporting our short- I hope we will see a lot of support for fee at the refinery level. That would be ening the timeframe. the amendment that Senators CARPER,

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5025 CORKER, and I brought forward because and system preservation instead of put- tensions do not provide the planning and we do away with pension smoothing. ting shovels into the ground. Existing funding certainty states need to put those So if you do not like pension smooth- projects will slow down or stop. The three million workers on the jobs necessary to maintain and improve our nation’s essen- ing, vote for that one; and we cut back State of Maryland would have to find tial transportation assets. In an uncertain the money so we can take this whole bond or State revenues to pay existing economic climate, investments in transpor- thing up in December and give some contracts. Most importantly, over 9,000 tation infrastructure creates jobs in con- certainty to all the groups out there, construction jobs will be in jeopardy. struction, engineering, and manufacturing whether it is the Chamber of Com- This is why MDOT, other State de- right here in the United States. merce or the general contractors or the partments of transportation, and the A multi-year transportation bill will help cement people or the gravel people or construction industry support a multi- businesses succeed by making sure goods and products get to where they need to go. U.S. the AFL–CIO or the laborers. All these year bill. Enacting a long-term bill trade is expected to double in the next thir- folks want to make sure we are not this year will provide certainty with a teen years and our national transportation just doing a little cut and paste and get guaranteed funding stream, allow assets must serve the growing economic de- us up against the next thing. MDOT to plan for the future, and pro- mands for U.S. goods and services. We must I keep saying ‘‘in closing,’’ but I real- vide stability to the construction in- modernize and maintain our infrastructure ly mean it now. What you are dealing dustry. Projects take time and or we risk diminished profits and falling be- with here, if you want to use an anal- thoughtful planning averaging approxi- hind our international competitors in the global marketplace. ogy, is: You find a house you really mately 10 years to complete through It also creates certainty for commuters like, so you go to the bank, and the construction. and families. Traffic congestion wastes over bank looks at you and says: Well, you In addition, a multi-year bill will 2.9 billion gallons of fuel each year. Mary- are a good risk. Yes, we will definitely strengthen our transportation net- land commuters have the longest commutes give you a mortgage, but it is only for works improving safety and reducing in America. 9 months. Nobody is going to take that Unfortunately, the gridlock in Congress congestion. It also will create 3 million only leads to more gridlock on our nation’s mortgage. Our States are not going to jobs and support our economy. roads. When it comes to funding our nation’s enter into 3-year contracts when they I urge all my colleagues to vote for infrastructure, we’ve suffered from road- know they only are going to get the the Carper, Corker and Boxer amend- blocks and standstills. Despite our calls for funding for 9 months. We have an ment. I also ask unanimous consent more funding our roads, highways, bridges amendment by Senator LEE which that the op-ed Senator CARDIN and I and railways are in dire need of repair. would cut the Federal Government’s wrote in the Baltimore Sun be printed That’s why we work hard as Maryland’s one-two punch for transportation funding ability to help the States and wind up in the RECORD. Senator Cardin serving on the Environment with an 80-percent cut in funding. So it There being no objection, the mate- and Public Works, and Finance Committee is very risky moving out with all these rial was ordered to be printed in the creates the policy and authorizes the pro- things hanging over our head. RECORD, as follows: grams that guide infrastructure investments But I am still pleased with what the TIME TO END THE GRIDLOCK THAT TAKES ITS for Maryland and the nation. Senator Mikul- Finance Committee did. I thank Sen- TOLL ON MARYLAND’S HIGHWAYS ski as Chairwoman of the Appropriations ators REID and MCCONNELL for allowing (By U.S. Senators Barbara A. Mikulski and Committee puts the funds in the federal Ben Cardin (Both D–Md)) checkbook to keep Marylanders moving. us to have this time on the floor and We know strong transportation infrastruc- all of my colleagues for agreeing, be- It is now peak construction season and ture is a key ingredient to economic growth. cause this is a debate that has to start without congressional action the federal It protects the safety and reliability of trav- somewhere. So it is starting today. We highway trust fund will go bankrupt (ex- el and transportation. It also supports our know whatever happens, we are just penditures will exceed receipts) in August— economy with investments in the highways, next month. As the Senators for Maryland, public transit, airports, passenger rail and doing a patch, and we are going to have we are fighting for a multi-year transpor- to sit down together with good will and ports. This money creates engineering and tation bill to provide planning and funding construction jobs today and prepares us for good ideas and solve this problem for certainty to our state. jobs tomorrow bringing growth to our econ- the good of our country. Federal gas and diesel taxes paid at the omy. The $13.1 billion Maryland spent in Ms. MIKULSKI. Mr. President, I rise pump are the primary revenue streams for transportation over the last five years has in support of the Carper, Corker and the highway trust fund, which provides for- generated $29.3 billion in business output, in- Boxer amendment to the highway trust mula funding to states for both highway and cluding $12.9 billion in wages and nearly transit projects. 35,000 jobs per year. fund extension Bill before us today. We fought for a formula that provides Gov- This amendment will provide certainty We also know that infrastructure projects ernor Martin O’Malley and Maryland Trans- don’t just happen but they require smart and a guaranteed funding stream that portation Secretary Jim Smith approxi- planning. It’s why we are united with the our State departments of transpor- mately $780 million annually to spend across U.S. Chamber of Commerce, the American tation and the construction industry the state: $580 million in highway formula Society of Civil Engineers, and the American desperately need. It provides a short- funding and $200 million in transit formula Association of State Highway and Transpor- term extension through December 19, funding. tation Officials in fighting for a multi-year The cause of the Highway Trust Fund’s in- transportation this year. 2014, which will allow Congress to com- solvency is threefold: big improvements in plete its work on a multi-year bill this vehicle fuel efficiency; reduced driving; and Mr. LEAHY. Mr. President, our tight year. The underlying bill only prolongs inflation. The last time Congress increased knit communities in Vermont are part uncertainty by extending the solvency the gas tax was in 1993 from 14.1 cents per and parcel of my State’s culture of of the trust fund to May of 2015. gallon to 18.4 cents per gallon. These three neighbors helping neighbors. Our In the last transportation authoriza- factors have resulted in lower gas tax reve- neighbors are not just next door; they tion bill, I fought for a Federal formula nues, reduced purchasing power, and trust are often in the most rural parts of the fund receipts not keeping up with demand. that gives the State of Maryland ap- A bankrupt Highway Trust Fund means State, which can be difficult to reach. proximately $780 million annually from the Maryland Department of Transportation Our roads and our bridges connect us in the highway trust fund: $580 million for (MDOT) would stop receiving $80 million a a most basic way, and Hurricane Irene highway funding and $200 million for month in reimbursements from the U.S. De- was a stark reminder that our infra- transit funding. The Maryland Depart- partment of Transportation. As a result, structure connects us not only in com- ment of Transportation’s, MDOT, aver- MDOT will have to use state money obli- mercial ways, but in practical social age weekly expenditure of these Fed- gated for other project to cover its federal ways that are integral to the spirit of eral funds is $10 to $12 million. Right expenditures. In other words, MDOT will be Vermont communities. After Irene, forced to rob Peter to pay Paul. New projects now during construction season, MDOT will not be initiated and existing projects with some of our roads and bridges is submitting reimbursements to the will slow down or stop. The Department also completely destroyed, we saw, felt and U.S. Department of Transportation for will be forced to focus solely on system pres- lived what it truly meant to be cut off $20 million a week. ervation instead of new construction needed and isolated from our surrounding Without this extension, the Federal to improve safety and modernize our trans- communities. highway trust fund will go bankrupt in portation network. As Congress faces a deadline in the a matter of weeks. What does this Maryland needs a multi-year bill that en- Highway Trust Fund, we are facing yet mean for my home State of Maryland? sures the solvency of the federal highway another artificial, made-in-Congress trust fund. A multi-year transportation bill I am advised that MDOT will not meet is estimated to create two million jobs na- crisis for our States, their people, and its commitments. The Department tionwide and transportation loans and for the Nation. Congress is senselessly would be unable to begin new projects. grants create another million. Doing nothing imposing these strains and lost oppor- It would be forced to focus on safety is utterly unacceptable, and short-term ex- tunities on this country. There are

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5026 CONGRESSIONAL RECORD — SENATE July 29, 2014 those in Congress in recent years Let us not continue this latest made- legislation at the moment the Senate whose approach to governing is ‘‘my in-Congress crisis. Let us pass the re- is functioning. The committee was way, or the highway.’’ This time, even authorization of MAP–21 before the functioning and had a vigorous debate the highway is not safe from their ob- new December deadline. and discussion and came up with a rea- structionism. This is a crisis we can I thank the Presiding Officer very sonable approach. I thank Chairman avert if we would only work together much and yield the floor. WYDEN and Ranking Member HATCH for to agree on a long-term funding plan The PRESIDING OFFICER. The Sen- their cooperative effort to do this. for the Nation’s transportation pro- ator from Pennsylvania. But I want to address this particular grams. I commend the Committee on AMENDMENT NO. 3585 amendment, amendment No. 3585. I Environment & Public Works for their Mr. TOOMEY. Mr. President, I ask thank my cosponsor on this amend- hard work on legislation to reauthorize unanimous consent to temporarily set ment, Senator MCCONNELL. What this the Moving Ahead for Progress in the aside the pending amendment so I may amendment does, in short, is it allows 21st Century Act, MAP–21, and I com- call up my amendment No. 3585, which communities that are recovering from mend the Committee on Finance for its is at the desk. a natural disaster to rebuild damaged hard work in trying to solve the fund- The PRESIDING OFFICER. Is there infrastructure without having to ac- ing issues we face in developing and objection? quire—or maybe I should say reac- improving our country’s infrastruc- Without objection, it is so ordered. quire—Federal environmental permits. ture. The clerk will report. Now, there is no question we all However, I had hoped the Senate The bill clerk read as follows: agree it is vitally important we protect would have responsibly agreed to a The Senator from Pennsylvania [Mr. our environment. I should point out long-term plan to give State and local TOOMEY] proposes an amendment numbered there is nothing in my amendment governments the certainty and sta- 3585. that would change Federal environ- bility they need to plan. Unfortu- Mr. TOOMEY. Mr. President, I ask mental permitting requirements for nately, that was not the case. And unanimous consent that reading of the any new construction—nothing at all. while a short term fix avoids a trans- amendment be dispensed with. We should also recognize that States portation catastrophe this summer, it The PRESIDING OFFICER. Without have their own very substantial stand- will also increase costs of transpor- objection, it is so ordered. ards in place to protect their environ- tation projects, limit the ability of The amendment is as follows: ments, including during the construc- State and local governments to plan (Purpose: To ease Federal burdens on State tion of transportation infrastructure infrastructure improvement, and ulti- and local governments recovering from projects. There is nothing in my mately result in the degradation of our catastrophic events) amendment that would weaken in any country’s infrastructure. Start-and- At the end of subtitle A of title I, add the way or change in any way any State stop highway construction is even following: environmental laws or regulations. more wasteful than start-and-stop driv- SEC. 10ll. EMERGENCY EXEMPTIONS. The fact is our Federal environ- ing is on our roads. It is wasteful, it Any road, highway, railway, bridge, or mental permitting process for infra- hurts our communities and our econ- transit facility that is damaged by an emer- structure is broken. It is too cum- omy, and it is needless. gency that is declared by the Governor of the bersome. It takes too long. It is too The Highway Trust Fund is a critical State and concurred in by the Secretary of Homeland Security or declared as an emer- costly. It is a huge problem. I think the asset for Vermont, as it is for every gency by the President pursuant to the Rob- most damming statistic I can think State. It provides millions of dollars to ert T. Stafford Disaster Relief and Emer- of—that I am aware of anyway—is from repair our roads and bridges and cre- gency Assistance Act (42 U.S.C. 5121 et seq.) the Federal Highway Administration ates jobs for thousands of Vermonters. and that is in operation or under construc- itself, which in fiscal year 2011 esti- According to the State of Vermont, tion on the date on which the emergency oc- mated that on average transportation every $1 million of transportation fund- curs— projects required 79 months to com- ing supports about 35 jobs in Vermont, (1) may be reconstructed in the same loca- plete the National Environmental Pol- directly and through the maintenance tion with the same capacity, dimensions, and design as before the emergency; and icy Act review process, the NEPA re- 1 of the State’s transportation infra- (2) shall be exempt from any environ- view process—79 months. That is 6 ⁄2 structure. Construction companies, mental reviews, approvals, licensing, and years to get permission from the Fed- sign-makers, State employees, and permit requirements under— eral Government to build a road or a every citizen will suffer the con- (A) the National Environmental Policy Act bridge or to rebuild an existing road or sequence of the inability to make of 1969 (42 U.S.C. 4321 et seq.); bridge that has been damaged—61⁄2 progress on this vital issue. (B) sections 402 and 404 of the Federal years. That is often longer—sometimes While this short-term fix has become Water Pollution Control Act (33 U.S.C. 1342, a lot longer—than it takes to actually 1344); necessary, we must acknowledge what do the construction, and that is a prob- long-term funding for infrastructure (C) the National Historic Preservation Act (16 U.S.C. 470 et seq.); lem. It is a problem because it just represents: opportunity. Large, long- (D) the Migratory Bird Treaty Act (16 drives the costs up dramatically and term investments in infrastructure U.S.C. 703 et seq.); unnecessarily. have paid off in the past. President Ei- (E) the Wild and Scenic Rivers Act (16 Two weeks ago, constituents of mine senhower’s ‘‘grand plan’’ for the Inter- U.S.C. 1271 et seq.); in Northampton County, PA, reported state Highway System was an ambi- (F) the Fish and Wildlife Coordination Act to my office that just one environ- tious project that many questioned at (16 U.S.C. 661 et seq.); mental survey for a small bridge re- the time. Today, it is indisputable that (G) the Endangered Species Act of 1973 (16 pair—we are not talking about some the vision of President Eisenhower and U.S.C. 1531 et seq.), except when the recon- struction occurs in designated critical habi- massive, new ‘‘Golden Gate Bridge’’ the foresight of the legislators in Con- tat for threatened and endangered species; here; we are talking about a little gress who authorized the Interstate (H) Executive Order 11990 (42 U.S.C. 4321 bridge that is just going to be re- Highway System have strengthened note; relating to the protection of wetland); paired—just one of the environmental our economy in every corner of the Na- and surveys was $21,000 alone. tion, providing the opportunity for the (I) any Federal law (including regulations) Senator ROB PORTMAN reports that in American people and their families and requiring no net loss of wetland. Ohio Federal environmental permit- businesses to grow, travel, and invest Mr. TOOMEY. Mr. President, let me ting alone increases project costs on in the future. There are many start by complimenting my colleagues, average by 20 percent. Vermonters, and citizens all across the the chairman and the ranking member The reason these delays are so expen- Nation, who are counting on us to pro- of this committee, for a genuine, sin- sive is all of these delays, all of these vide a comprehensive, long-term solu- cere effort at a bipartisan solution to a permitting requirements, require con- tion to this problem. By coming to- difficult problem. There are provisions sultants to carry it out, and there are gether, we have an incredible oppor- I like in this legislation. There are pro- all kinds of engineering and consulting tunity to invest in the wellbeing of fu- visions I do not like. But I do like the fees that get paid, often on retainer ture Americans, and of our country. fact that at least with respect to this over time; it also means that while

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That is the reality. disaster, the rebuilding, the identical within a matter of a very short period The fact is, recovering communities do rebuilding in that very same footprint of time, before we did our compromise, not need to have to incur this extra should not be subject to going through which now expedites the process. My cost. the whole environmental permitting point is, in emergencies we seem to I will give you an example, again in process all over again. That is all it work things out. But in order to deal Pennsylvania. Since 2010, Federal envi- says. with the concerns the Senator has ronmental permitting has delayed nine I am glad to have the endorsement of raised, we put into the law this expe- projects by over a year. The Cherry a number of organizations and groups: dited procedure for replacement facili- Creek Bridge in Monroe County, PA— Associated General Contractors, Na- ties. It is in MAP–21. It is the law. this is an area that is flood prone; it tional Association of Counties, Ameri- This amendment would open it to was struck by Tropical Storm Lee and cans for Prosperity, Americans for Tax significant abuse. It is very conceiv- Hurricane Irene in 2011—the recon- Reform, Citizens Against Government able that when you give this type of an struction for the damaged transpor- Waste. exemption, you basically are exempt- tation infrastructure should have I argue this is just common sense. ing a geographical spot so that any- started pretty much right away, but This is a modest, narrow amendment. thing goes. It could be a total ending of Fish and Wildlife review delays alone As I say, it does not in any way, shape, the protections that we have in the cost us 2 years before construction form, or fashion change any regula- Federal Clean Water Act. It could be could even begin. Senator Ben Nelson tions or permitting requirements for eliminated. recognized this problem—a Democrat any new construction. It says nothing I would urge my colleagues to reject from Nebraska who served in this whatsoever about the extensive State this amendment. It is unnecessary. It body—and offered a bipartisan amend- requirements. It is silent about all of certainly opens it to tremendous abuse. ment to the last highway bill, MAP–21. that. It simply says: With respect to We have a process in place. It was ne- What his amendment would have Federal environmental permitting, if gotiated. I would urge my colleagues to done would have been to exempt roads you are rebuilding an existing road or accept it. and bridge repair projects from Federal bridge because it has been damaged in Before I yield the floor, I want to environmental permitting if the roads this way, you do not have to go thank Senator WYDEN. I want to thank and bridges were destroyed by a de- through this costly, lengthy process Senator BOXER and Senator HATCH—I clared emergency, such as Superstorm that is costing us time, money, jobs, see them on the floor—and Senator Sandy, for instance, and provided that and infrastructure. CARPER for their incredible work on the reconstruction would occur en- I urge my colleagues to support my this bill. I agree with Senators Boxer tirely within the footprint of the exist- amendment. and WYDEN. It is very important that ing structure, the original footprint. I yield the floor. we pass a bill before we leave this week Unfortunately, Senator Nelson never The PRESIDING OFFICER. The Sen- so that there is no delay in making got his vote. He was denied a vote. In- ator from Maryland. sure the Federal Government pays its stead, he got a watered-down provision Mr. CARDIN. Mr. President, first, I bills to our State and local govern- put into the final bill that allows the thank my colleague from Pennsylvania ments on transportation projects. Department of Transportation, under for his comments and the manner in I strongly support Senator WYDEN certain circumstances, to exclude cer- which we are proceeding. and Senator HATCH’s effort in our com- tain repair projects from this whole I rise in strong opposition to the mittee to get a better funding flow for process. But they cannot make that ex- amendment offered by my friend from the patch so we deal with collecting clusion if the project is deemed to be Pennsylvania, and for many reasons. the taxes that should be paid, rather ‘‘controversial.’’ Undefined. I do not First, let me compliment Senator than causing a disruption in some of know what that means. The exclusions BOXER and the leadership on the Envi- the revenue sources that are in the do not apply to the Army Corps of En- ronment and Public Works Committee. House bill. I strongly support Senator gineers or the Fish and Wildlife Serv- Because when we approved MAP–21, we WYDEN and Senator HATCH’s efforts in ice, the reviews of which constituents took up this issue. We dealt with it. It our committee. tell me are the most time consuming, was not without controversy. We had I certainly support Senator CARPER’s cumbersome, and costly to comply strong views on both sides of this issue. amendment that would say it is our re- with. Because what the Senator from Penn- sponsibility to act in this Congress. The result is that recovering commu- sylvania is doing is removing com- Let me point out, we have 5 months nities today, after they have been hit pletely replacement facilities from left before this Congress goes out of hard by a natural disaster, after they any—not just the NEPA procedures, business. It would be wrong for us to have incurred damage to their roads, but also from the Endangered Species pass just a patch and not to do the 6- their bridges, their infrastructure, do Act, from the Clean Water Act—basi- year reauthorization. The Environment not know what environmental stand- cally putting a dome over the process and Public Works Committee, by unan- ards are going to apply to them, except so anything goes, basically. Anything. imous vote, recognized that we could that some certainly will, and others We debated that issue in the Environ- get a 6-year bill done. We have already may or may not be exempted. ment and Public Works Committee. talked about from where revenues can It still leaves them subject to a There were different views. Quite come. There are bills we could take up lengthy, costly, and unnecessary proce- frankly, Senator BOXER was extremely dealing with supplemental ways to dure. Because, once again, let me em- accommodating to the legitimate con- fund infrastructure, infrastructure phasize, we are talking about roads and cerns the Senator from Pennsylvania banks, using the Tax Code. I am sure bridges that are already there. We are has raised. That is why there is an ex- we can get bipartisan agreement on not talking about new infrastructure, pedited procedure already in law, some of these issues. new capacity. We are talking about re- passed in MAP–21, that deals with this The Carper amendment says we are building what was there already and issue. The Senator talks about using going to get our job done in this Con- what was damaged. the proper legislative process. We did gress and we are not going to subject This amendment I am offering is al- that. The committee of jurisdiction de- our States to the uncertainty of just a most identical to the Nelson amend- bated it. We had difficult compromises, patch. In my State of Maryland, we ment. The difference is, at the request but we reached these compromises. have many long-term commitments of SPTA, which is the Southeast Penn- Let the process work, because the that we are trying to get funded. A sylvania Transit Authority, it has been process is working. Let me point out, I short-term patch will put us in a hole.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5028 CONGRESSIONAL RECORD — SENATE July 29, 2014 We are okay to the end of the year, but this debate. Before I do so, I would policy status quo is not working, and it let’s make sure we enact a 6-year bill yield a moment of my time to my dis- hasn’t been working for a long time. before this Congress leaves. tinguished colleague, the junior Sen- This is the sixth time American tax- Mrs. BOXER. Would the Senator ator from Pennsylvania. payers have been asked to bail out the yield for a question? The PRESIDING OFFICER. Without highway trust fund since 2008—the Mr. CARDIN. I would be glad to yield objection, it is so ordered. sixth time since 2008. to my colleague from California. Mr. TOOMEY. Mr. President, I thank None of those patches, $52 billion Mrs. BOXER. I thank my friend. I the Senator from Utah. Let me respond worth of bailouts in 7 years, fixed the wanted to ask him a question. Because to my colleagues from Maryland and problem, and neither will the $10.8 bil- I think the way the Senator responded California briefly. to the Toomey amendment was exactly First of all, I am perfectly glad that lion authorized by the bill that is be- right on point. It was almost a deja vu the committee of jurisdiction ad- fore us today. It will buy us only a few as I listened to my friend from Penn- dressed this. One of the great things months before we are right back in the sylvania, because he is not on the com- about the Senate is when it is actually same place once again, the same place mittee of jurisdiction. But we had this functioning, Members who are not on a where we are now. debate, as my friend pointed out. As a particular committee still have the op- Indeed, this debate is itself the dys- matter of fact, I started to get a little portunity to weigh in on an issue and function of Washington, DC, in minia- stressed as he related what we went have that debate on the Senate floor. ture. Here—as in health care, higher through to get to the point where we That is exactly what we are doing education, assistance for the poor, en- have an expedited procedure that takes today. I am glad we are doing that. ergy, and so many other areas—the care of the problems my friend from I would also observe that my col- Federal Government has created a per- Pennsylvania talks about. leagues seem to have very little faith manent structural problem, and it re- But we do not throw out every land- in the ability and willingness of States sponds with duct tape. Worse, this bill mark environmental law. That would to protect their own environment. solves only Washington problems, only be a disaster. I can give you an exam- They should spend some more time in the problems of Washington, DC, not ple and ask my friend if he agrees with Pennsylvania. We care a lot about our those of the American people. this example. environment in Pennsylvania. We have Under the broken status quo this bill I also want to point out the Amer- a Department of Environmental Pro- not only protects but also extends, in 6 ican Public Health Association strong- tection that takes that responsibility months—and in 6 years—our roads will ly opposes Senator TOOMEY’s amend- very seriously. still remain congested. Too many sin- ment, because they know the health of Finally, I would point out that the gle moms will still live on a knife’s the people is at stake. so-called fix in MAP–21 is extremely in- edge trying to make it to their second But let’s say you had a situation complete. It is incomplete because, jobs all the way across town. Too many where you brought in a contractor to first, it occurs at the discretion of the dads will still have to leave for work clean up after there was a disaster, col- Department of Transportation. They before breakfast just to make it to lapse, let’s say, of a highway. There can simply choose not to have an expe- their job and then do the same thing was a body of water nearby. The con- dited process. If they deem the project again as they try to make it home for tractor came in. Instead of having a to be ‘‘controversial’’—undefined. Who dinner. Children will still look in vain good clean operation, he started dump- knows what that means. into the empty seats at their piano re- ing his fuel and chemicals and every- Secondly, the Department of Trans- citals and at their Little League thing else into this waterway. Mind portation is not permitted to exclude games. Commuters will still squeeze you, under our law he has already got from this process compliance with the an expedited permit, he is ready to roll. onto overcrowded subway cars, hold Army Corps of Engineers or the Fish their breath, and hope they don’t break But he or she, they have to be good and Wildlife Service reviews, which al- citizens and not make matters worse. down again. Young families will still be together are extremely time con- unfairly priced out of neighborhoods Does my friend not agree that these suming and expensive and costly. landmark laws, such as the Clean near the best jobs and the best schools, Again, we are just talking about re- and diverse communities will still be Water Act, the Safe Drinking Water pairing existing infrastructure. We are Act, should be respected, and the subject to the monotonous inefficiency not talking about waiving these re- of an outmoded Federal bureaucracy. Toomey amendment throws them out quirements for new capacity, for new the window, and we can endanger the infrastructure. But it doesn’t have to be this way. health of the people? I urge my colleagues to support the There is a better way. The Interstate Mr. CARDIN. I say to Senator BOXER, amendment. Highway System is one of the greatest through the Chair, she is absolutely I thank the Senator from Utah. achievements not only in the history of right. It is even worse than that, be- AMENDMENT NO. 3584 the Federal Government but in all of cause the contractor could be using a (Purpose: To empower States with authority American history. It unified a sprawl- subcontractor whose principal work for most taxing and spending for highway ing continental nation by investing in may not even be directly related to the programs and mass transit programs) our common destiny. It simultaneously replacement. It would be virtually im- Mr. LEE. Mr. President, I ask unani- met the economic, social, cultural, and possible to detect what they are doing mous consent to temporarily set aside security needs of an emerging super- on the replacement site as to what the pending amendment so I can call power. It was and it remains a wonder they are doing on other sites. So it up my amendment No. 3584, which is at of American innovation and self-gov- could be absolutely used as a shield in the desk. ernment. order to avoid the laws that we have to The PRESIDING OFFICER. Without More than that, the Interstate High- protect public health, protect our clean objection, it is so ordered. way System was the daring, audacious waters, our drinking water, et cetera. The clerk will report. work of a young nation literally on the It opens a huge potential abuse. It is The bill clerk read as follows: move, bristling with confidence in its throwing out the laws, rather than The Senator from Utah [Mr. LEE] proposes future and in its people. With the Fed- making the laws work. That is exactly an amendment numbered 3584. eral-Aid Highway Act of 1956, Congress what our committee did after a very Mr. LEE. Mr. President, I ask unani- threw off the yoke of the status quo lengthy debate and which, quite frank- mous consent that the reading of the and it met the emerging needs of a new ly, we did certain things that make it amendment be dispensed with. generation. a lot easier for a replacement facility The PRESIDING OFFICER. Without to be done in an expedited process. objection, it is so ordered. Yet today, some 58 years later, in a Mr. CARDIN. I yield the floor. (The amendment is printed in the new century with new needs, new tech- The PRESIDING OFFICER. The Sen- RECORD of July 23, 2014, under ‘‘Text of nologies, and a new economy, Congress ator from Utah. Amendments.’’) anxiously clings to that exact same Mr. LEE. Mr. President, I would like Mr. LEE. Mr. President, we are here policy like some kind of a tattered se- to address another issue connected to today because our Federal highway curity blanket.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5029 Six decades ago, Federal highway gions reaping the benefits of America’s from Washington. The other 80 percent policy represented a triumph of imagi- recent energy renaissance could accel- we raise ourselves. Of course, we raise nation. Today, our refusal to mod- erate their own infrastructure and most of that 20 percent too. It is just ernize that same policy represents a their own buildouts to keep up with that under the broken status quo, failure of imagination. So we are here their explosive growth. Dense cities Washington middlemen take their cut with the duct tape and WD–40 trying to could invest in more sustainable public before sending that back to us. keep this 20th century bureaucracy in transit networks. Meanwhile, sur- Why not just leave that extra 25 per- place, rather than embracing the wor- rounding counties could reopen the cent to the States and communities thy challenge of building a new mobil- frontiers of the suburbs to a new gen- who need and use it in the first place? ity policy, one that is well suited for eration of far more livable commu- The States already own and maintain the 21st century. That is exactly what nities. State and local governments the highways and local transit projects my amendment, the Transportation will also be free to experiment with in- that are inherently local. So why not Empowerment Act, would do. novative funding mechanisms not nec- let the Federal Government focus on In 1956, it made sense for the Federal essarily tied to the unreliable, unpre- interstates and let Oregonians plan, fi- Government to collect the majority of dictable, gasoline tax. By cutting out nance, and build their bike paths; San gas taxes from around the country and the Washington middlemen, all of Franciscans their green energy transit then coordinate the construction of a those States, communities, and tax- experiments; and Texans their eight- national system. We needed it. But payers will be able to get more for less. lane expressways, in their own way, with the interstate system now largely My amendment would not reduce tailored to their local needs and their complete and most transportation America’s investment in infrastructure own local values? All we add to the issues that we see today existing at the any more than Uber reduces America’s process in Washington, DC, is unneces- local level, there is no longer the same investment in car services. In the real sary overhead and self-congratulating need for Washington to serve as the world, value is not a cost. Rather, my press releases, trying to take credit for central coordinator. We have become plan would empower a nation hungry it all. an intrusive middleman. We need to for greater mobility to spend its infra- Finally, many who admit that the refocus the Federal Government solely structure dollars on steel and on con- status quo is unsustainable nonetheless on interstate priorities and to empower crete instead of on bureaucracy and support it because they believe their a diverse, flexible, open-source trans- special interests. particular State benefits by receiving portation network controlled by the Some of my colleagues oppose this more money back from the highway States. plan. Some will offer Washington’s trust fund than it puts in. Washington My amendment would empower eternal promise. The status quo will perpetuates the myth that transpor- States and communities to customize work, it just needs more money. That tation money is free, especially for their own infrastructure according to is all it needs, and it will work. The these so-called net donee States. But as their own needs, their own values, and Federal gasoline tax has not changed in every other middleman arrange- their own imagination. since 1994, they will say. We are starv- ment, the status quo policy ensures It would, over 5 years, gradually ing the trust fund, they will add. that States actually get less value transfer funding and spending author- But it is not true—at least it is an in- back than they should. ity over local transportation infra- accurate and incomplete picture. For Federal regulatory strings not only structure projects to the States. in the 12 years prior to 1994, the gaso- make infrastructure projects unneces- Today the Federal gasoline tax line tax skyrocketed by an alarming sarily expensive, they specifically di- stands at 18.4 cents per gallon. My 460 percent from 4 cents per gallon to vert resources away from actual infra- amendment would lower it by 2019 to 18.4 cents per gallon. structure and waste it on special inter- 3.7 cents per gallon. Put another way, since 1982, the Fed- ests and bureaucratic redtape. In the interim, we would gradually eral gasoline tax has grown by an The Federal Davis-Bacon Act, for in- send States more of their allotment equivalent of 6.1 percent per year. stance, costs States an additional 10 without strings to prepare them for the Chasing ever more money will not cents for every single dollar they spend eventual transfer of this differential. solve this problem. That is what we on infrastructure construction After this gradual transition, Congress have been doing, and the bill before us projects. would retain enough revenue to con- today is incontrovertible proof that it Numerous regulations under the Na- tinue to maintain the Interstate High- hasn’t worked. tional Environmental Policy Act—or way System, which rightfully, properly Others argue that reducing Washing- NEPA, as it is frequently called—col- remains a Federal priority and a core ton’s role in local transportation would lectively cost State governments an competence of our government at a na- invite economic and infrastructural ca- additional 9 cents on the dollar. No tional level, but States and commu- tastrophe. This makes two very pecu- wonder the trust fund needs to be nities would be newly empowered to liar assumptions. bailed out every year. Washington is launch a new era of local investment First, it assumes that Washington is charging taxpayers a 20-percent proc- and local innovation. uniquely competent in the area of local essing fee off the top. The idea behind this plan is not only transportation, even as a long train of I encourage my colleagues to work that there is a better way to improve abusive boondoggles and bridges to no- out the math for their own States. America’s infrastructure, there are 50 where tell us exactly the opposite. But for Utah, that means that of the better ways and even thousands of bet- Even more bizarrely, this argument $335 million we receive annually from ter ways. In our increasingly decentral- assumes that the 50 States of our ex- the highway trust fund, nearly $64 mil- ized world, there are as many ideal ceptional Republic, many of which lion goes to political overhead instead transportation policies as there are would rank among the wealthiest na- of steel and concrete. communities across this great country. tions in the world on their own, are un- Everything in our economy and our Washington is standing in the way, stable banana republics nursing the de- society today is moving away from imposing obsolete conformity on a vi- velopment of primitive hunter-gath- rigid, centralized, bureaucratic control brant, diverse society. For if we truly erer societies whose only transpor- and toward flexible, open-sourced com- love local transportation infrastruc- tation services involve the clearing of munity and individual empowerment. ture—and who doesn’t—we should set it woodland paths for their pig-drawn This is a simple question of old versus free. carts. new, of bold versus unimaginative. Under the Transportation Empower- State and local governments already The Interstate Highway System met ment Act, Americans could finally pay for 75 percent of all surface trans- a crucial need in its time and rep- enjoy the local infrastructure they portation infrastructure projects in resented a wonder of innovation, but so want. More environmentally conscious this country. did Borders bookstores at one time, so States and towns could finally have the In my home State of Utah, one of the did Blockbuster Video at one time, so flexibility to invest in more green best run in the country, only 20 percent did record stores, and so did rotary transit projects and bike lanes. Re- of our transportation money comes telephones.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5030 CONGRESSIONAL RECORD — SENATE July 29, 2014 America still needs books, movies, should have the right to spend what- So don’t tell me ‘‘we are free at last; music, and communication, and it still ever they want. Sure, they can. They do away with this’’ and then think the gets those things. Today those goods can spend anything they want right States are going to be happy when the are just delivered more efficiently, now. But they count on the basic bread very States my friend says he speaks more affordably, through flexible mod- and butter of these grants. for are totally against his amendment. els customized to the needs of indi- If we look at history, it has been Re- We would be massively cutting trans- vidual customers. In the very same publican Presidents who have stepped portation infrastructure spending. way Americans still need highways, to the plate on this all through history. Let’s talk about the impact on thou- bridges, subways, and bike paths. In- That is why I think this is so radical. sands of businesses and millions of deed, we need them now more than It is shocking to me. It is shocking to workers. I don’t know if we have the ever, but Federal policy hasn’t kept up me because some of the biggest pro- picture of the stadium. I wish to show with the times. That is why, even with- ponents of the Interstate Highway Sys- my friend—when he comes here and out my amendment, more than 30 tem and aid to the States have been makes an ideological speech, I like to States have begun or are considering Republican Presidents. talk about the real world. Here is the their own transportation moderniza- Let’s be clear. If, God forbid, this real world. This is a Super Bowl game. tion programs. were to become the law, immediately This is a stadium that holds 100,000 This is just one more piece of evi- the States would see a cut in their people. We have seven stadiums full of dence that the transportation renais- transportation funding of 80 percent. unemployed construction workers. He sance America needs is one that our That is my friend’s answer to grid- wants to cut the Federal involvement centralized bureaucratic status quo lock—cut the funding to the States by by 80 percent. Just don’t see some of cannot deliver—not with another $10.8 80 percent. these workers. It started out that we billion or 10 times as much. The last time I heard and listened, filled 20 of these stadiums in the height After six decades and historic suc- we were one nation under God, indivis- of the recession. Now we have got it cesses, the time has come for a new ible. That is why the visionary Dwight down to seven, and we still don’t have Federal transportation policy—one Eisenhower saw this. He knew we had enough work. that taps the creativity of our diverse to be able to move equipment. He knew And this isn’t make work. This is Nation. Today, Americans are unneces- logistics because he was a general. He work our American businesspeople sarily stuck in traffic, stuck in over- knew we were one Nation, sea to shin- want. This is work our American work- crowded subway cars, missing their ing sea. And my friend would have us ers want. This is work that can’t be kids’ games and recitals, priced out of lose that. outsourced. This is work that pays a neighborhoods close to their jobs, and I really wish my colleague Senator good wage. What a time to cut back they spend almost a full 40-hour work- INHOFE would come to the floor because our investment by 80 percent and sock week per year stuck in gridlock. They I think he has a voting record that is it to the workers. deserve better than what Washington as conservative as any, and he feels The same people who vote for this is offering—which is just the status transportation is a basic function, amendment won’t raise the minimum quo, plus a little more money. A new along with defense. wage—support this pension smoothing era demands a new approach. I think it is important to note that that is taking away dollars from our The Interstate Highway System is a counties and cities and States depend employees’ pensions. success, and the people who created it on this program, and they have for So I am at my wit’s end to under- deserve our great admiration and grati- years. Again, this is a national inter- stand. My friend is a nice man, and I tude. But the way to honor their legacy est, to have this one Nation. know he believes this. But don’t come is to stop imitating them and start If we really want to see Republicans on the floor and say let’s forget about emulating them by investing in an in- and Democrats united around the coun- Eisenhower’s vision and have a new vi- novative transportation network for try, look at who is opposing the Lee sion, which is that there is no more our own era, just as they did for theirs. amendment: the American Trucking Federal role. Just as it was in 1956, the status quo is Association, the American Road and Some will get up and say: Maybe it is once again no longer good enough. We Transportation Builders Association, better to do this than to do nothing. need to transcend it. the American Society of Civil Engi- Maybe this is better. The future of America’s mobility is neers, the American Highway Users Al- No. We have to do our job around not a rigid, monolithic, centralized bu- liance, the National Stone, Sand, and here, and that is a multiyear bill. We reaucracy frozen in amber; it is a flexi- Gravel Association, the general con- are faced with a short-term extension ble, organic, open-sourced network of tractors, the Associated Equipment because we haven’t done our work. empowered individuals and commu- Distributors, and the Association of Senators CARPER and CORKER and I nities as diverse as the Nation itself. Equipment Manufacturers. And if they are going to put forward an amend- My amendment would empower agreed with Senator LEE—set us free; ment that is going to force us to do our Americans to start to build that future set us free; we are going to build so work in December if we are lucky together, and I respectfully ask my col- much—I don’t know what he is talking enough to have it passed. We hope it leagues to support it. about, set us free. Set us free with 80 will pass because if we vote for that The PRESIDING OFFICER. The Sen- percent less money? That is really amendment, we are cutting back the ator from California. great. What are we going to build? short-term money we have to pay, and Mrs. BOXER. Mr. President, it is Nothing. We are going to have to raise we are cutting back the time. And that really almost hard to know where to taxes. I was a county supervisor. That is good. But we are not walking away start in my opposition to this amend- doesn’t work. from the responsibility we have as a ment, but let me say that some people Proponents of this amendment weak- nation, one nation under God, indivis- call it devolution, meaning you devolve ly claim that with the completion of ible, from sea to shining sea, a vision of all responsibility for the highways and the interstate system, we don’t need a America that my friend’s amendment transits to the States. I call it not Federal role in transportation. Well, would destroy. It is not devolution, it devolution but complete and utter de- guess what. We have to maintain our is destruction, and I hope we will vote struction of a system that has been in Federal highways even though they no. place that the States have grown to have been built. We have to maintain I thank my colleagues, and I yield count on. That is why the States that our bridges even though they have been the floor. my friend speaks from, the States’ built. The PRESIDING OFFICER. The Sen- point of view—they oppose this amend- I said on a TV show the other day: I ator from Utah. ment strongly. AASHTO—they rep- know I have gotten a little older. I Mr. LEE. Mr. President, I strongly, resent not one State but every single need more maintenance. That is just respectfully disagree with the charac- State. the way it is. I am not happy about it. terization my distinguished colleague There are so many things my friend Stop laughing. But that is a fact of from California has made suggesting said that we can’t refute—that a State life. that this somehow represents an 80-

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5031 percent cut in the transportation fund- Mrs. BOXER. Mr. President, I will be Democrats and Republicans and even ing. That simply is not true. The idea very brief. I know my colleagues want an Independent or two for their support here is to transfer both the revenue to present the Carper-Corker-Boxer of our amendment. collection authority and the spending amendment. I will just say that we just I will yield the time now to Senator authority back to where most of it be- did the math. The Senator cuts the gas CORKER and Senator BOXER, and I will longs, which is at the State and the tax to such a degree that the States take some time out. Senator KING is local level. would get an 80-percent cut. The Sen- welcome to speak as well. There isn’t a State in the Union that ator can do the math himself, but I am UNANIMOUS CONSENT REQUEST wants to do away with transportation happy to work with the Senator on it. The PRESIDING OFFICER. The Sen- infrastructure spending. Quite to the It is not convenient—it is not right ator from Oregon. contrary, our States and localities and to speak about another Member when Mr. WYDEN. Mr. President, I ask those who assist the contractors, who they are not here, but my under- unanimous consent that the order with provide the services, provide the gravel standing is Senator INHOFE does not respect to H.R. 5021 be modified to and other materials that go into these currently support this. I could be allow for 2 minutes equally divided in roads and bridges and transit wrong. We will find out in a couple the usual form between the votes and projects—they want to get to work, but hours. One of us can apologize. But I that all after the first vote be 10- they want to put this money into steel will apologize if I misstated his objec- minute votes, with all other provisions and concrete in the ground rather than tion to this. of the previous order remaining in ef- spending so much of it on lobbying, I yield the floor. fect. rather than spending so much of it on AMENDMENT NO. 3583 The PRESIDING OFFICER. Without things that have nothing to do with The PRESIDING OFFICER. The Sen- objection, it is so ordered. The PRESIDING OFFICER. The Sen- steel and concrete in the ground. ator from Delaware. I also wish to refer to something my Mr. CARPER. Mr. President, I ask ator from Tennessee. Mr. CORKER. I thank the Senator colleague said with regard to the fact unanimous consent that our amend- from Delaware and the Senator from that it costs money to maintain the ment, the Carper-Corker-Boxer amend- California for going ahead with this Interstate Highway System. I abso- ment 3582, be made pending and that it amendment. I thank Senator CARPER lutely agree—I could not agree more— be reported by number at this time. for this leadership not just on this which is exactly why I wrote this The clerk will report. issue but other issues. I know we are amendment so as to retain a 3.7-cent- The legislative clerk read as follows: working with other long-term issues per-gallon gasoline tax that would be The Senator from Delaware [Mr. CARPER] that need to be resolved, and I thank collected and spent better to make sure for himself, Mr. CORKER, and Mrs. BOXER, proposes an amendment numbered 3583. him for the way he is going about we would maintain the Interstate doing that. Highway System. That is exactly what (The amendment is printed in the If I could just lay out what is hap- we do. RECORD of Wednesday, July 23, 2014, pening today, a House bill is coming A reference was made to my distin- under ‘‘Text of Amendments.’’) over here today that is a short-term guished colleague from Oklahoma, Mr. Mr. CARPER. Mr. President, I will extension. Mr. President, I don’t know INHOFE, expressing remorse over the make some comments to lead off and if you know this, but this will be the fact that he is not here with us at this then will yield to Senator CORKER and 11th short-term extension since 2008. moment to have a discussion and won- back to Senator BOXER, and we have Let me say that one more time. This dering what he would say about it. To others who would like to speak on be- will be the 11th short-term extension respond to my colleague’s point, Sen- half of this amendment. that has occurred since 2008. ator INHOFE has voted for this provi- I wish to start off by saying to the This is the fifth time we have taken sion in the past. In fact, in the past Senator from Tennessee who is here money out of the general fund—taken Senator INHOFE himself has introduced with us, the lead Republican on the money out of the general fund—to fund a version of this very piece of legisla- amendment, how grateful I am to have the highway trust fund, which is sup- tion. this opportunity to work with you on posed to be funded through user fees. My colleague also referred to groups an important issue. Thank you for your So what I would like to say to my that happen to oppose this legislation. courage. One of the definitions of lead- friends on this side of the aisle is that I would encourage those groups to ership is the courage to stay out of this is the fifth time for the highway learn more about it and also point out step when everyone else is marching to trust fund, which builds highways and that there are lots of groups that sup- the wrong tune. In this case, not every- bridges around our country, that we port my legislation, including Ameri- one else is marching to the wrong tune, are engaging in generational theft— cans for Prosperity, Americans for Tax but a few people are. I thank you for generational theft—where we take Reform, Heritage Action, Club for showing that courage and standing up money out of the general fund. Every- Growth, National Taxpayers Freedom, to do what we believe is the right thing one knows it is not paid for. We use Freedom Works, and the list goes on to do. gimmicks to pay for something that and on. I would like to give a big shout-out the Constitution says we are actually It is also important to remember to Senator BOXER. She chairs the Envi- supposed to deal with. that our Federal gasoline tax did in- ronment and Public Works Committee The House sent over a bill, and there crease substantially between 1992 and on which I serve as the subcommittee has been a lot of consternation on the 1994, increased from just 4 cents per chair for transportation and infrastruc- floor about that. They used $6.4 billion gallon to 18.4 cents per gallon. During ture. She and Senator VITTER and Sen- worth of pension smoothing. Everyone that time period we were told that if ator BARRASSO and I worked to fashion in this body knows it is not a real pay- the gasoline tax was increased at the a 6-year transportation plan for our for. All it does is move revenues up a Federal level, we would be backing up country that is a very well thought decade. And because it uses $6.4 billion the highway trust fund, that we would out, excellent roadmap for the future worth of pension smoothing, it has a $5 make sure it was secure. of transportation in America, and what billion budget point of order against it. Did that happen? No. What happened we now need to do is to fund it. It is Let me say that one more time—a $5 instead was the Federal Government great to have a plan. How about some billion budget point of order against overreached. The Federal Government money to make it happen? That is the House bill that is coming over. So started getting more and more in- what this is all about. there has been some consternation. volved in surface streets and things This is the question: At the end of People say: Well, if you don’t take up that have nothing to do with our Inter- the day, how do we best ensure that we the House bill, the road program is state Highway System. That is why we actually fund the 6-year plan Senator going to fall apart, and we are going to are here today. BOXER and others helped us develop? go home for the August recess and ev- I therefore yield back the floor. I thank not just Senators CORKER erybody is going to be blamed. The PRESIDING OFFICER. The Sen- and BOXER for their great support and Well, fortunately—fortunately— ator from California. for their leadership, I also thank the today Speaker BOEHNER said: No. If the

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5032 CONGRESSIONAL RECORD — SENATE July 29, 2014 Senate sends something over, we are I would urge my colleagues to come down the road. It takes out a gimmick. going to send something right back. to the floor and say: Look, it has been It forces us to deal with a long-term so- So everybody ought to be relieved. So a long time, 11 short-term reauthoriza- lution, which we should have done a it doesn’t matter today that many of tions. long time ago. our Finance Committee members who By the way, think about the eco- I thank all of those Senators who serve with Chairman WYDEN—they nomic issues that come with this. We support this amendment. I hope others have made commitments to him that do these reauthorizations, and depart- will consider it before they come down we are going to get on the Senate Fi- ments of transportation around the to the floor. I hope this Senate will nance Committee, and they should all country have no idea whether there is have the opportunity—and the House— know it is not a problem now. The going to be funding in place. What do before year-end to actually deal with House today said they are going to the contractors do? They don’t hire this issue. send something right back. people long-term. They don’t buy Again, let me say this: The kick-the- So the first vote that is going to take equipment. Yet we come and do this 11 can down-the-road that is occurring place today is a vote to strip out the times since 2008. Five times, again, takes us into next May and June. House bill, which has $6.4 billion worth transferring money out of our general Think about it. So we are going to of pension smoothing—a total gim- fund—the greatest generational theft have a Presidential race underway. So mick. Everyone knows it is not a pay- that can occur—taking money out of then people are going to say: Oh, we for. It loses money—loses money. And the general fund and spending it over a can’t deal with this issue. We don’t the Senate Finance Committee bill is 6-month period, paying for it over 10 want our nominees to have to deal with going to—the first vote is to replace years. this issue. the House bill with the Senate Finance To my Republican friends who railed Remember, the primaries this year Committee bill—by the way, which was against the President over the health are early. So our Republicans will say: done under regular order, done the way care bill because he was using 6 years’ Well, we don’t want to deal with this bills are supposed to be done. Unfortu- worth of costs—by the way, I was one issue in May or June because a Presi- nately, it also is a short-term fix. I of those railers—6 years’ worth of dential race is coming up. And the have never voted for a short-term fix costs, 10 years’ worth of revenues—we Democrats will say the same thing: We for the highway trust fund because it is couldn’t get off of it because it was so don’t want our candidate to have to so simple for us to resolve. The only irresponsible. Yet in this bill we are talk about this issue. So again and issue is we haven’t been willing to ad- going to spend the money over 6 or 7 again we will kick the can down the dress it. There are no new ideas that I months and pay for it over 10 years. It road. We will engage in generational am aware of. is an order of magnitude worse. theft. We will weaken our economy. We I am going to have to vote against a I know that a lot of people have won’t do the things we should be doing short-term extension. But we have an worked and they have said: No, there is with our infrastructure. It is the wrong amendment to improve it, and what no way we can come up with a solution thing to do. that amendment does is it takes out all by year-end. Please support this amendment. of the pension smoothing that unfortu- You have got to be kidding me. How I yield the floor. nately is in the Finance Committee could we not come up with a solution The PRESIDING OFFICER. The Sen- bill. I thank them for doing their work, to such a simple issue—a trust fund ator from California. but it has $2.9 billion worth of pension that has been funded by user fees. How Mrs. BOXER. Mr. President, I wish to smoothing, which, again, is a gimmick. could we not figure out some way in 5 thank Senator CORKER for his remarks In other words, it moves up revenues. days? The Senate Finance Committee because I have been here a while, and I It weakens, by the way, the pension has some of the smartest people in the haven’t heard a more honest speech in system in our country. You ought to Senate on it. They know there are no my life on the Senate floor. I haven’t know that. It weakens our pension sys- new real options. The chairman has heard a more passionate speech, a tem. It moves money into this decade, floated some ideas as to how to get speech in which the Senator just spoke but from then on it loses even more there, and I applaud him for it. from his heart and with his brain, money. It is absolute—no offense to By the way, I know that the Senate which is quite competent. I thank the those who put it in place—generational Finance Committee is only doing its Senator for it because there are some theft. So what this amendment does is job today. In other words, you have to times when you do feel like shouting. I it takes pension smoothing out of the come up with a short-term solution. I guess that was a movie, ‘‘I Can’t Take Senate finance bill and leaves every- got it. I cannot support it. I cannot It Anymore.’’ thing else in place. support it. I cannot support another It is ridiculous that we are where we The secondary benefit is that it kicking of the can down the road on are. We knew for 2 years—2 years—that means the highway trust fund will not one of the simplest issues we have to the highway trust fund was going to have funding except to make it deal with in the Senate because elec- run out of money. We knew it for 2 through this year. What that means is tions are coming. Let’s face it. Every years. That is why in May Senator VIT- that this body in 2014 will have the op- time it is the election. We can’t deal TER and I, Senator CARPER, Senator portunity to actually deal with this with this issue, so what we said is: OK. BARRASSO, and others on both sides of issue. We got it. We realize that during elec- the aisle passed a 6-year bill. We knew I have to tell you, seriously, I am em- tions people don’t really want to show it was coming. We wanted to wake up barrassed. I have been here in the Sen- their cards, apparently. So we are say- our colleagues. And we did wake them ate 71⁄2 years—71⁄2 years—and we have ing, hey, let’s strip the gimmick that is up but, sadly, to a short-term fix in- yet to deal with one of our long-term in this bill—the pension smoothing stead of a long-term fix, a multiyear issues. I cannot remember a single that we all know is not a pay-for. It is bill. issue this body has come together on to a gimmick. Let’s strip that and let’s I so agree with my friend. It is the deal with one of our long-term struc- force the Congress before the end of political will that is lacking. There is tural issues. It is an embarrassment. this year to actually deal with an issue always an excuse followed by an ex- They really aren’t new ideas around that is very important to our Nation. cuse. The next thing we know they will here; there has just been a lack of will- I hope people will support it. I have say: The dog ate my homework. We ingness to deal with it. heard people say: Well, I just don’t see have heard every excuse. And the Sen- I thank the Senator from California, how we can figure out a solution. ator is so right. We will be in Presi- the Senator from Delaware, and others You have got to be kidding me. I dential races, and then we will start who will join in this amendment. And mean, how many new ideas are there with more Senate races and more con- all we are doing is one thing: We are relative to this? gressional races, and people won’t want taking a gimmick out of the Senate fi- So, look, I thank my colleagues for to take a tough vote again. nance bill and forcing this body to act joining in this amendment. I hope we This is the greatest Nation on Earth, responsibly before year-end. That is will have support. Again, this amend- but we have to reflect the greatness in all. ment lessens the kicking of the can our work here, and we are not.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5033 The one thing I disagree with my strongly support the Carper-Corker- do all three of these and make sure friend on—he said we are only doing Boxer amendment. that the Sanders-McCain conference one thing in this amendment. We are I thank my colleagues. I know there report bill is not on a weak foundation. actually doing two things in this is some very important business about We need to modernize our VA infra- amendment. One is we are getting rid to come to the floor, so I will yield the structure. of that gimmick called pension floor at this time. There is over $10 billion of backlog in smoothing. I have kind of studied it The PRESIDING OFFICER (Ms. WAR- crumbling physical infrastructure at over the last few weeks to really under- REN.). The Senator from Maryland. the VA. Its technology is dated. We stand what we are doing, which is when MILCON—VA APPROPRIATIONS want them to have great technology. you use this pension smoothing, you Ms. MIKULSKI. Madam President, Most of all, we finally want to crack are saying to companies: Don’t put any we have just listened to a very lively this veterans backlog. money into your pension obligations. debate on the highway trust fund, So I am going to propound shortly a And through some smoke and mir- which is certainly a great issue con- unanimous consent request. I talked rors—because then it means they get fronting our Nation because our infra- about it earlier. But before I make this to pay a little more income taxes—by structure is crumbling. request—I have spoken about this the way, some don’t pay more income But we also know another great in- bill—I would like to yield to my col- taxes—it comes out a plus. The fact is, frastructure has really been crumbling, league and my very able subcommittee it is in essence telling companies they and that is our VA infrastructure, in- chairman, Senator TIM JOHNSON, who don’t have to set aside money for their cluding the ability to deliver health has spent more than a decade working workers’ pensions. That is not some- care to our veterans as promised, as on these issues, and now, on a bipar- thing that is good, especially since the well as to meet their claims when they tisan basis, we have such a splendid pension guaranty corporation is short file for their benefits, particularly bill—so wise, so prudent, so effective— $34 billion. those poignant, compelling claims that I wish we could do it. I don’t know if my friend knows this. around disability benefits. I yield the floor for Senator JOHNSON The last time we used pension smooth- I come to the floor today to see if we and then I will reclaim the floor for my ing for a short-term fix, at least we had can’t do a trifecta this week by passing unanimous consent request. the serious reform bill advocated by in the committee a comparable meas- The PRESIDING OFFICER. The Sen- Senators SANDERS and MCCAIN—— ure that ensured that companies gave ator from South Dakota. The PRESIDING OFFICER. Senators Mr. JOHNSON of South Dakota. more to the pension guaranty corp. So will take their conversations out of the although they had a chance not to put Madam President, I thank the chair- Chamber. woman for her strong leadership on the the money into the pensions, they did Ms. MIKULSKI. These are excellent Appropriations Committee and her un- have to pay more to the pension guar- Senators whose voices are heard and failing dedication to our Nation’s vets. anty corp. If the pension guaranty heard and heard, as is mine. corp. isn’t there—the Pension Benefit In addition to the Sanders-McCain She is absolutely right in pointing out Guaranty Corp. is broke—the tax- bill that comes as a result of the con- that passage of the fiscal year 2015 payers have to pick up the tab. I am ference, really what that bill does is MILCON-VA bill is crucial to imple- looking at my friend in the Presiding focus primarily on the health care menting the Sanders bill. The Sanders Officer’s chair, the Senator from Mas- issues facing us. What concerns me is bill provides funding and expanded ac- sachusetts, Ms. WARREN, who knows also the fact that we need to eliminate cess for medical care for vets, but the what happens when everybody is broke the VA disability claims backlog for MILCON-VA bill provides a far broader and the Federal Government says: Oh which there is also a compelling need. range of funding and oversight that my God. That is too big to fail. Now, what I am advocating is that we covers every aspect of VA operations. So this attack that you make on do a trifecta this week; that is, we pass By a unanimous vote, we just con- smoothing as a gimmick—it is worse the conference report that has been ad- firmed Robert McDonald to be Sec- than a gimmick because it has real-life vocated by Senator SANDERS and Sen- retary of the VA. He is assuming the impacts, and those real-life impacts ator MCCAIN that will deal with the im- leadership of an agency in crisis, and are that the companies aren’t putting portant reforms, including adding new he will need every resource available to aside enough money. So let’s think personnel. We have given the VA a new him if he is to succeed in turning the about what we are saying. We are say- chief executive officer to bring about VA around. ing the highway trust fund is going the reforms with the know-how of busi- The Senate has given him the job, broke, so to fix it we are going to en- ness. I also wish to bring to the floor and the Senate should now give him danger another fund, the pension funds the VA-MILCON appropriations bill. the resources to accomplish that job. of our workers. That is terrible. This is a fantastic bill that moves This is no time to delay or shortchange That is why I love the Carper-Corker- from the subcommittee, led by my very VA funding. Boxer amendment, and I thank my able subcommittee chairman, Senator For the sake of the Nation’s vets, we friends for their leadership on the pay- TIM JOHNSON, with the help of the must keep our focus on the full scope for. It does two things, this good ranking member, Senator MARK KIRK of VA operations, including but not amendment. It says we are not going to of Illinois. They have done such incred- limited to access to medical care. The use the smoothing; we are going to pro- ible diligence on how we can use the disability claims backlog is a perfect tect our pensions. Secondly, we are taxpayers’ dollars wisely to really pro- example. In the past year, with the re- going to attack the long-term issues of vide the services we promised the vet- sources and oversight provided in the the highway trust fund in December, in erans—yes, health care, but also that fiscal year 2014 MILCON-VA bill, VA the lameduck, after the elections, and veterans shouldn’t stand in line for has made great progress in reducing everybody knows that is the best time health care and veterans also shouldn’t the backlog. The fiscal year 2015 bill to do it. stand in line and wait in line and then provides additional resources for So I stand proudly with my friends. I hope the line gets smaller for disability claims processing to sustain this mo- hope we pass this. I don’t know what benefits. mentum. The move to paperless claims happens or what the House will do, but What the VA-MILCON bill does this was key to streamlining and expediting my dad used to say you can only con- year, under the very able leadership of claims processing, and it was made pos- trol what you can control. We can’t Senator JOHNSON, with the cooperation sible by improvements to VA Informa- control them, but we can control us. of Senator KIRK, is to implement these tion Technology systems—improve- So I hope anyone listening to this de- very important reforms, and the com- ments which were funded in the bate—I am going to support the Wyden mittee responded. I wish the Presiding MILCON-VA bill. amendment because it does strip some Officer could have been in the full com- IT is the backbone of virtually every of the pension smoothing. I am going mittee that day. We passed it on a bi- program the VA administers. An anti- to oppose the Toomey amendment and partisan basis of 30 to 0. quated and cumbersome electronic the Lee amendment because I think Now I want to be able to bring this scheduling system was a key factor in they are dangerous, and I am going to bill to the floor so this week we could the patient scheduling scandal. The VA

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5034 CONGRESSIONAL RECORD — SENATE July 29, 2014 is in the midst of an entire overhaul of tion to proceed to S. 2648, the Senate First of all, there is no limit on the its electronic health record system to border supplemental bill, be withdrawn number of amendments. We do not make it more accessible to patients and the Senate proceed to the imme- know if it will be 5, 10, 20 or 1,000 or and to exchange information with diate consideration of H.R. 4486, the 2,000 or 1 million. We have no idea. DOD. This effort is crucial to the VA’s MILCON-VA bill; I further ask that the They would not even have to be related ability to deliver timely care and bene- first amendment in order be offered by to the bill at hand, and they will not fits to vets. the Republican leader or his designee, tell us what this list of amendments is. The MILCON-VA bill also provides and that the two sides then offer I have looked back at some recent re- the funding to implement a wide array amendments in alternating fashion; quests, and I want to be very honest of programs that are crucial to the that following the disposition of all with my friend. The recent requests I health and well-being of vets. Many of amendments, the bill, as amended, be have seen before have been attacks on these aren’t the kinds of programs or read a third time and the Senate pro- the Clean Air Act, attacks on the Clean initiatives that make splashy head- ceed to vote on passage. Water Act, attacks on the Safe Drink- lines, but they are essential in deliv- The PRESIDING OFFICER. Does the ing Water Act, attacks on women’s ering timely care and benefits. For ex- Senator from Maryland so modify her health care. Frankly, that is not some- ample, the fiscal year 2015 MILCON-VA request? thing I can agree to. bill contains $7.8 million for a central- Ms. MIKULSKI. The answer is no, I So I just want to say I am so sad- ized mail system at the VA. The VA es- will not modify my request. But my re- dened that we cannot seem to take up timates that once the centralized pro- sponse should not be interpreted as a the most popular bill. I know how hard gram is implemented, it will take as pugnacious rejection. everybody has worked on MILCON-VA, many as 10 to 15 days off the time it I appreciate the civil and courteous and my friend, Senator SHELBY, said: takes to process a disability claim. The way the Senator from Alabama has re- Our side is eager to schedule floor con- bill also provides increased funding to sponded. But in a nutshell, what the sideration of appropriations bills. Well, expand the Access Received Closer to Senator from Alabama is requesting is if they are really eager, they should Home program for vets in rural areas. that we not pick up the supplemental, work together with Senator MIKULSKI. we bring up the VA-MILCON instead. I These are just a few of many examples You could not find anyone more fair. would like to bring up both bills, which I could cite. Get a finite list of amendments. If they The Sanders bill and the MILCON-VA is why I am asking that there be no are controversial, we have the 60-vote bill are separate components of a sin- amendments on VA-MILCON. They are threshold. We know how to do our work gle requirement and they should move practically identical between the around here. forward at the same time. I hope we House and the Senate. There were no So I am sorry it has come to this, and amendments except a few perfecting I appreciate the leadership of both Sen- can pass these bipartisan bills before ones in the Senate. We could get this ators. we adjourn for recess. The PRESIDING OFFICER. The sen- I yield the floor. done in an hour. So, therefore, I will The PRESIDING OFFICER. The Sen- not modify my request. ior Senator from Maryland. Ms. MIKULSKI. Madam President, ator from Maryland. The PRESIDING OFFICER. Is there objection to the original request? first of all, I thank all of those advo- UNANIMOUS CONSENT REQUEST—H.R. 4486 The Senator from Alabama. cating the highway bill for their cour- Ms. MIKULSKI. Madam President, I Mr. SHELBY. Madam President, I ob- tesy in letting us bring this to the am really eager to bring at least one ject to my distinguished chair’s motion floor. Senator JOHNSON and I are deeply appropriations bill to the floor. There to consider and pass the MILCON-VA appreciative. are only 72 hours left before we break appropriations bill. This is not because I think we have just had a very good for August. I oppose the underlying bill, as I have discussion. We have stated what we I ask unanimous consent that at a said. This a bill that has wide bipar- would like to do to move VA-MILCON time to be determined by the majority tisan support. Its support is predicated in the most time-efficient way pos- leader, after consultation with the Re- upon the premise that we will engage sible—with the least controversial bill. publican leader, the Senate proceed to in what we call ‘‘regular order’’ here. I am not going to have anything more the consideration of Calendar No. 400, Regular order, by its very nature, in- to say about this tonight, but now that H.R. 4486, the Military Construction- cludes the ability to offer, consider, we have kind of put a lot of ideas out VA appropriations bill; that the Com- and to vote on amendments. there, we have heard what the expres- mittee-reported substitute amendment If we were to agree to this unanimous sion is of the vice chairman of Appro- be agreed to; that there be no other consent request by the Senator from priations, I would hope that over the amendments, points of order or mo- Maryland, we would be trading away next 36 hours perhaps we could find a tions in order to the bill other than every Member’s prerogative on both way forward to do the trifecta I am budget points of order and the applica- sides of the aisle to offer and to vote hoping for to serve America’s veterans: ble motions to waive; that there be up upon amendments. I would, therefore, pass the conference report that helps to 1 hour for debate equally divided be- encourage the chair and the majority improve veterans health care—we have tween the two leaders or their des- leader to revise their unanimous con- done one part of that now by approving ignees; that upon the use or yielding sent request to allow for an open Mr. McDonald—and all we would have back of time, the bill, as amended, be amendment process. Until then, we will to do before Thursday night is to finish read a third time and the Senate pro- be compelled to object. VA-MILCON. ceed to vote on the passage of the bill, Thank you. So I intend to reach out across the as amended; that if the bill, as amend- The PRESIDING OFFICER. Objec- aisle, and I appreciate the effort and ed, is passed, the Senate insist on its tion is heard. courtesy and the cooperation of the amendment, request a conference with The Senator from California. highway Senators, who are moving this the House, and authorize the Chair to Mrs. BOXER. Madam President, I bill forward. appoint conferees. know my friends Senator MIKULSKI and I yield the floor. The PRESIDING OFFICER. Is there Senator SHELBY are doing everything The PRESIDING OFFICER. The Sen- objection? they can to work the will of the Sen- ator from Connecticut. Mr. SHELBY. Reserving the right to ate. I know how they both want to get Mr. MURPHY. Thank you very much, object, our side is eager to schedule something done on this appropriations Madam President. floor consideration of appropriations bill. I know we have a number of col- bills with a full and open amendment I simply want to say that I looked at leagues who still want to speak, and we process, and the MILCON-VA bill the modification of my Republican want to get to votes tonight, so I want would be at the top of our list. friend—and he is my friend—that he of- to be very brief speaking in opposition Would the Senator from Maryland fered, and I think for the good of Amer- to the Lee amendment and in support agree to modify this consent request as ica, who could be watching, I want to of the amendment of my friends Sen- follows: that following disposition of make a couple of points that will take ator CARPER, Senator BOXER, and Sen- the highway bill this evening, the mo- me 30 seconds. ator CORKER.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5035 Madam President, I want to quickly tion in the way in which people buy his amendment. I am grateful he is tell you about the Norwalk River books. That analogy speaks to our im- supporting ours. Bridge, which is a bridge in the State perative for Federal funding because I say to some of our Republican col- of Connecticut, which is pretty impor- the way that books have been sold is leagues, I have talked to most of you in tant to the transit of people and goods different. It used to be that you just the last several weeks about this ap- throughout the Northeast because it used the local roads to drive down and proach that Senator BOXER and Sen- spans the Norwalk River and allows for buy your book from the local book- ator CORKER and I are proposing; that trains—Amtrak trains, Metro-North store. Today, you buy at amazon.com, is, to lower from $11 billion to $8 billion trains—to be able to transit millions of and it is the Interstate Highway Sys- the amount of money that would go people over millions of trips up and tem, the interstate rail system that is into the transportation trust fund. down the Northeast Corridor. Without used to get your book from a ware- That would force us to come back and the Norwalk River Bridge, you cannot house somewhere out in the Midwest to make a decision by the end of this cal- get from New Haven to New York, but you after you ordered it online in Con- endar year. That would force us to do you also cannot get from Washington, necticut. If you want to talk about the something real, do our job during the DC, to Boston. great innovations of the last 20 to 30 lameduck session. That bridge is 118 years old, and it is years, they all buttress the idea that One of the reasons Republicans have a miracle that it opens at all. It needs we live in an interconnected, interstate said to me is: We can’t do that because to open in order to allow maritime world in which we need a Federal com- then that would force the bill to go traffic to go up and down the Norwalk mitment to highway funding—one that back to the House from which it has River. It is a miracle that it opens at does not just parse out funding one emanated. Well, let me just say the bill all. But, in fact, on 16 of its 271 open- month at a time. is going back to the House. The Wyden ings last year, it did not open and it in- My State is particularly dependent amendment is going to pass. So get terrupted Metro-North service 175 on this kind of funding. Connecticut over it. The bill is going to go back to times. only survives if we are able to unlock the House. It is not going to die there. The result for not just Connecticut the congested highways and byways They will do something with it. They but the entire region is hundreds of and rail lines that connect my State to may send it back to us in that same thousands of dollars in lost produc- New York and to Boston in particular. form or some different form. But for tivity. Our inability to pass a long- But this Nation as a whole will not Republicans who have said: I under- term transportation bill means that succeed, will not survive economically stand the importance of doing some- big projects like the replacement of the if we do not grapple with the fact that thing in a lameduck session, and we Norwalk River Bridge cannot get done. as China spends 12 percent of its GDP know we need to be compelled to do Why? Because when you only budget on infrastructure, Europe spends 6 per- that but I just can’t do it, well, you for 12 months or 24 months at a time— cent of its GDP on infrastructure, even can. or in this instance only 6 months or 4 if we just held the line, we would still For the folks, our Republican friends months at a time—there is no way for only be spending 3 percent of our GDP who say: I don’t like that pension a State to be able to plan to do that on the most important asset to the fu- smoothing at all, the idea of mucking kind of massive work. ture of America’s economy. with people’s pensions in order to fund So I am here on the floor to beg my So I hope we reject the Lee amend- something entirely unrelated—and colleagues to support the amendment ment. I hope we pass the Carper-Boxer- that is building roads, highways, from Senator BOXER and Senator CAR- Corker amendment. I am glad to join bridges, and transit systems—well, you PER because it is time we started to get them in support of it this evening. do not have to do that. You can use an some political courage and admit that I yield back. honest pay-for, an honest set-aside, and the emperor has no clothes when it The PRESIDING OFFICER. The Sen- feel good about doing that. comes to Federal transportation pol- ator from Oregon. We are going to be here, maybe, Fri- icy. Yes, it is politically difficult to Mr. WYDEN. Madam President, just day night, December 19, and if we have make the choices necessary to come up for purposes of making a unanimous provided $11 billion to carry us to fund with the funding to fill that gap. consent request, I ask unanimous con- programs through the end of next May, Senator CORKER and I have one par- sent that the only remaining time be 5 I promise you, if we have not worked ticular idea, but we would love to hear minutes each for the following Sen- out a 6-year transportation funding others. But it is time for us to sit down ators and the Senate then proceed to plan by December 19, that Friday and have that honest conversation be- vote on the amendments and the bill as night, we are going to be gathered cause you cannot do projects like this provided under the previous order: Sen- right here and people will say: What if you do not. ator CARPER, Senator FLAKE, Senator are we doing here? It is almost Christ- But to Senator LEE’s amendment, WYDEN, and Senator KING. The unani- mas. I want to go home or go some- this is exactly why you need a Federal mous consent request is for 5 minutes where to be with my family. We have commitment to transportation fund- each, and then the votes. money to run these programs until the ing. The idea that you are just going to Mrs. BOXER. Madam President, re- end of May, so let’s just kick the can devolve all of these projects down to serving the right to object, will we still down the road and come back a little the local level is preposterous. Why? have 2 minutes before each amendment bit before May and we will do it then. Because this is a regional asset. The then? It will be in between? One problem with that: We did some- Norwalk River happens to be located in The PRESIDING OFFICER. Yes, we thing like that 5 years ago, and we did the State of Connecticut. But if all will. it again and again and again and transportation funding came from the Mrs. BOXER. I thank the Chair. again—11 times. This will be the 12th States, and Connecticut, for one reason The PRESIDING OFFICER. Without time we do it. or another, decided not to spend money objection, it is so ordered. Why am I concerned we will do it on replacing the Norwalk River Bridge, The Senator from Delaware. again? it is not just Connecticut that is af- Mr. CARPER. Madam President, I I say to Senator DURBIN, let me ask, fected by that; transit stops in Massa- understand in the unanimous consent what did Albert Einstein say about the chusetts, in New York, in New Jersey, agreement I have 5 minutes. definition of ‘‘insanity’’? He said: It is in Delaware, all the way down to Wash- The PRESIDING OFFICER. Yes, that the notion that we are going to do ington, DC. is correct. things the same way we have always So the reason we have made a robust Mr. CARPER. I yield 1 minute of that done them and we get a better result or commitment to Federal funding for to Senator KING. Oh, great, he has 5 a different result. We will not. We will both highways and mass transit is be- minutes. I would like to have 4 of his do it again. cause the benefits accrue to all of us. minutes. All over this country, State and local Senator LEE said that this is just an I will start by saying my thanks to governments, mayors, Governors, peo- innovation in the way we fund trans- Senator WYDEN for his leadership as ple who build roads, people who run portation, like, as he said, the innova- well. I am pleased to be able to support contracting companies, the truckers,

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5036 CONGRESSIONAL RECORD — SENATE July 29, 2014 all kinds of people are saying to us one major overall. Since 2008, we have talking about the generation that sac- message: Do your job. Our job is to pro- taken, I think, $53 billion from the gen- rificed—I repeat sacrificed—on our be- vide transportation infrastructure. Do eral fund to replenish the highway half. They struggled through the De- it in a time-responsible way so that trust fund because cars have better gas pression, they fought World War II. States and local governments that mileage, and when we have recessions, Then when it was over, they paid the have these programs, that have them less driving is done and less money debt from World War II and built the on the drawing boards can build them goes into the trust fund, and we are Interstate Highway System. I hate to or the ones that are underway, they trying to make that up now. think what Tom Brokaw would call the want to complete them. In the future, it simply is not going book written about our generation, We can help them do that. We can do to meet the need out there. So we have which has, in effect, rebuilt the World that by voting for the Carper-Corker- got to do something to make sure we War II debt, which we are passing on to Boxer amendment. get more bang for the buck for highway our children. We cannot even keep the Let me close with another great spending. One way to do that is to Interstate Highway System fixed. This quote from another great guy who used allow States greater flexibility to use is shameful. to criticize this place, Mark Twain. He these moneys and give the States those I am here to support the Carper- was always saying bad things about the responsibilities as well. When you do Boxer-Corker amendment, because it Congress, even then when he was that, you can increase the bang for the forces us to deal with it in this Con- around. But one of the things he said is buck. When you look at what a lot of gress. It is not going to be any easier to relevant today. Here is what he said: the money is now spent on—the Fed- deal with next May. Let’s get it done. When in doubt, do what is right. You eral money—instead of putting it to- We have the answers. We know what will confound your enemies and amaze ward highways, it is diverted to mass we have to do. The highway system is your friends. transit, bike paths, ferry boats, a pay-as-you-go system. The problem I will just say to my Republican col- streetscaping, and countless other is, now we are going more than we are leagues, especially: We love you. We projects that are, at best, very local in paying. The gasoline tax has not been want you to join us in doing what is nature and, at worst, very wasteful. raised since 1993, 21 years ago. But the right, and you will confound your en- The States generally have a better cost of maintaining the highways, of emies and you will amaze your friends, idea of what their needs are and are course, has been raised precipitously. and not only that, you will do the right better stewards of taxpayer money in Not fixing infrastructure is debt. A thing for our country, strengthen our that respect. I have been told that if lot of people around here talk about economic recovery, do what we are sup- you build two bridges—if a State has debt, and we are worried about the debt posed to do, providing strong transpor- two bridges to be built, they are next we are passing on to our children. I am tation infrastructure for this Nation. to each other across the same river and worried about it too, but I want to The people of this country are count- about the same location, if you build make the point that if you do not fix a ing on us. Let’s not let them down. bridge or do not fix a highway or do I yield back my time. one with Federal funds and one with The PRESIDING OFFICER. The ma- State funds, the one with Federal funds not fix an airport, that is debt too be- jority leader. will cost you about 20 percent more, cause our children are going to have fix Mr. REID. Madam President, in just when you take into account the Davis- them. When they get around to it, they a short time we are going to have some Bacon requirements and other man- are going to have to pay more for it. votes—five—and we have been very dates and lengthy approval processes. Senator CORKER used the term ‘‘gen- lackadaisical. We have waited for peo- So States simply get a lot more bang erational theft.’’ That is what it is. Our ple to come here to vote for up to 25, for the buck. If we want highway dol- generation is giving ourselves tax cuts sometimes 30 minutes. We are not lars to go farther, we ought to do this. borrowing the money to pay for those going to do it. We have first a 15- In an issue brief by Common Good, it tax cuts, and our kids are going to minute vote, and then we have four 10- states, ‘‘The environmental review have to pay it. That is not a tax cut, minute votes, and we are going to cut process has grown onerous and expen- that is a shift of a tax from us to our off the time. We will have the 5-minute sive, adding years to the length of in- children and our grandchildren. It is period we always have at the end of frastructure projects without improv- wrong. these votes, but, everyone, there is no ing environmental outcomes.’’ That is To think that generation went excuse. It is not fair to everybody to another thing that Federal laws re- through the Depression, fought World wait around here while you are doing quire oftentimes is lengthy environ- War II, paid for World War II, and then whatever you are doing. It is impolite, mental reviews. built the Interstate Highway System in and it is not courteous, and we need to We can correct a lot of this by de- the 1950s and 1960s, and then we cannot move things along. People have things volving some of these responsibilities even keep it paved, and we have rebuilt to do tonight. So when we finish the to the States. I think the Lee amend- the debt from World War II with noth- speeches, we are going to move to the ment goes a long way toward doing ing much to show for it, is unconscion- voting, and we are going to stick to the that. able. times. So, everybody, there are no ex- I want to say that I appreciate some There are a lot of problems we deal cuses. Everybody should understand of the amendments that are being with here that are hard and com- that. brought forward today. Some of them plicated. I deal with, on Armed Serv- The PRESIDING OFFICER. The Sen- are a lot less gimmicky than we are ices and Intelligence, some very com- ator from Arizona. used to dealing with on the highway plicated problems that are troubling Mr. FLAKE. Madam President, I will trust fund. But the Lee amendment is and difficult to figure the right thing be brief in support of the amendment one that actually deals with the high- to do. This one is simple: Pay your by the Senator from Utah to devolve way trust fund long term and offers a bills. It could not be more straight- highway trust fund spending to the long-term solution to the problem of forward. Pay your bills. If you want to States. I want to correct something not enough money in the fund and mis- drive on the highways, have the pot- that was said earlier. It was said that placed priorities with some of the holes filled, we have to pay for it. To all money would be devolved to the spending. delay this into next May is just that States and it would be up to the States I urge my colleagues to support the much easier, and then we are going to to maintain the Interstate Highway Lee amendment. start talking about Presidential cam- System. That is not the case. I yield the floor. paigns and other campaigns and 2016 is This amendment is similar to many The PRESIDING OFFICER. The Sen- going to be coming up. There are al- that have been submitted over the ator from Maine. ways reasons not to do it. years, myself included. I have sub- Mr. KING. Madam President, I rise to This is the 11th time we have punted mitted some in the House to do this address the highway funding issue we on this issue. This is what the Amer- very thing. are discussing today. Four or five years ican public is sick and tired of. They I think we can all agree that the ago, Tom Brokaw wrote a book called are sick and tired of us not doing our highway trust fund is in need of a ‘‘The Greatest Generation.’’ He was basic job. There could not be a more

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5037 basic job than fixing and paying for tisan amendment from Senator HATCH Johnson (SD) Mikulski Stabenow and maintaining your infrastructure. and me. It passed with virtual una- Kaine Murkowski Tester King Murphy Thune So I hope we can pass this amendment. nimity in the finance committee. Kirk Murray Toomey Yes, it is going to go back to the I ask for the yeas and nays. Klobuchar Nelson Udall (CO) House. The House has said: Well, we The PRESIDING OFFICER. Is there a Landrieu Portman Udall (NM) Leahy Pryor are not going to accept it. But let’s see. sufficient second? Walsh Levin Reed Warner Let’s put something good over there, Manchin Reid There is a sufficient second. Warren Markey Rockefeller shorten the time, get to it this year, in Mrs. BOXER. Parliamentary inquiry. Whitehouse McCaskill Sanders December, November or December, and Wicker The PRESIDING OFFICER. The Sen- Menendez Schumer let’s solve it. It is not going to be any ator from California. Merkley Shaheen Wyden easier to solve in May. I would argue it Mrs. BOXER. Have the votes been set NAYS—26 would probably be harder. for a certain time? I think it is time for us to start talk- Blunt Flake Moran The PRESIDING OFFICER. All time ing straight to the American people Boozman Heller Paul has expired except for the 2 minutes be- Chambliss Hoeven Risch and say: We have to pay our bills. That fore the vote on the Wyden amend- Coburn Inhofe Rubio is what this amendment and that is Cochran Johanns ment. Scott what this bill is all about. I want that Cornyn Johnson (WI) Sessions Who yields time? Crapo Lee book to talk about another greatest Shelby Mrs. BOXER. Madam President, if Cruz McCain Vitter generation, not the worst generation Fischer McConnell that just passed all the bills on to our Senator WYDEN would like this time, I NOT VOTING—3 kids. think that would be really appropriate I yield the floor. to sum it up in the 1 minute we have. Alexander Roberts Schatz The PRESIDING OFFICER. The Sen- If there is an opposition person, they The PRESIDING OFFICER. Under ator from Oregon. can speak. I think the Senator should the previous order requiring 60 votes Mr. WYDEN. Madam President, this sum it up in 1 minute. for the adoption of this amendment, debate has shown the urgency of mov- The PRESIDING OFFICER. The Sen- the amendment is agreed to. ator from Oregon. ing on both a short-term patch for AMENDMENT NO. 3583 funding transportation and a long-term Mr. WYDEN. Madam President, as The PRESIDING OFFICER. There is solution. Senator HATCH and I, with Senator HATCH and I—very briefly— now 2 minutes of debate prior to the the first amendment, offer a bipartisan offer a bipartisan amendment, it is a vote on the Carper amendment. path forward. We take ideas from the bipartisan amendment based on the The Senator from Delaware. other Chamber. We take ideas from ideas from both bodies. It reflects the Mr. CARPER. Madam President, let both parties. We take ideas that both fact that we have tried to come up with me say to our Republican colleagues, sides can build on for the long term, as an approach we can finish this week this bill is going back to the House. We Chairwoman BOXER has recommended. that does not overuse pension smooth- can send it back to the House cor- There are important differences be- ing, that ensures we comply with our recting what I think is a misguided ap- tween the other body and the Senate. tax laws, and includes bipartisan ini- proach on pension smoothing. We can The other Chamber overuses pension tiatives that promote natural gas vehi- knock out that $3 billion pension smoothing. That creates two problems cles, help our farmers, and ensure that rather than solving one: They ignore smoothing. We can set a dynamic that earned pension rights are protected. will ensure we do something this the issue of tax compliance. That has The other body offers what amounts always been bipartisan—paying taxes year—that we do our jobs this year and to our way or no highway. We offer a get it done. on taxes owed. Not tax hikes, not in- bipartisan alternative. I hope all of my creases, not jacking revenues through Across the country, AAA, American colleagues will support it. It is the first Trucking Associations, Governors, the stratosphere, paying taxes on what vote at hand. is owed. Senators, want us to do our job and fin- The PRESIDING OFFICER. If there ish it this year. Let’s vote yes on the The other body abandons important is no further debate, the question is on bipartisan initiatives, initiatives from Carper-Corker-Boxer amendment and agreeing to amendment No. 3582. do our job this year. Senator BURR and Senator BENNET to The clerk will call the roll. promote natural gas vehicles; from I yield for the Senator from Ten- The assistant legislative clerk called nessee. Senator ISAKSON and Senator NELSON the roll. to protect earned pension rights; and The PRESIDING OFFICER. The Sen- Mr. DURBIN. I announce that the Senators Bennet and Crapo to make ator from Tennessee. Senator from Hawaii (Mr. SCHATZ) is sure we can deliver water to farmers Mr. CORKER. Madam President, to necessarily absent. across the Nation. The American Farm my colleagues, we are now on the Sen- Mr. CORNYN. The following Senators Bureau has endorsed this amendment. ate Finance Committee bill. There is The other body is saying: It is our are necessarily absent: the Senator one major flaw in this bill. It has $2.8 way or no highway. I would ask col- from Tennessee (Mr. ALEXANDER) and billion worth of pension smoothing. leagues, is that what we are sent here the Senator from Kansas (Mr. ROB- This amendment does away with that. to the Senate to do, that we accept ERTS). What it means is it would be a better every dotted I and every crossed T Further, if present and voting, the bill, but we would also have to solve from the other body and say that is Senator from Tennessee (Mr. ALEX- this problem. just fine? ANDER) would have voted ‘‘yea.’’ We have had 11 short-term reauthor- Colleagues, we talk about regular The PRESIDING OFFICER. Are there izations of the highway bill. It is unbe- order. How is it regular order to be a any other Senators in the Chamber de- lievable. We have had five general rubberstamp for the other body? siring to vote? transfers such as this, which is nothing This is going to be done this week. The result was announced—yeas 71, but generational theft. So what this That is nonnegotiable. This bill will be nays 26, as follows: amendment will do is cause us to do finished this week. What should be ne- [Rollcall Vote No. 244 Leg.] our job by year-end. gotiable is that the Senate and the YEAS—71 I urge a ‘‘yes’’ vote. I thank our co- other body should have a chance to Ayotte Cardin Franken sponsors and hope this amendment will work out differences. Working that out Baldwin Carper Gillibrand pass. is as much a part of regular order as Barrasso Casey Graham I ask for the yeas and nays. Begich Coats Grassley voting on amendments. So let’s vote to Bennet Collins Hagan The PRESIDING OFFICER. Is there a be the Senate, and not have the other Blumenthal Coons Harkin sufficient second? body dictate that it is either their way Booker Corker Hatch There appears to be a sufficient sec- Boxer Donnelly Heinrich ond. or no highway. Brown Durbin Heitkamp I urge my colleagues strongly to sup- Burr Enzi Hirono The question is on agreeing to the port the first amendment. It is a bipar- Cantwell Feinstein Isakson amendment.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5038 CONGRESSIONAL RECORD — SENATE July 29, 2014 The clerk will call the roll. we instead overreached. We instead ex- Cantwell Hoeven Nelson Cardin Johanns Pryor The assistant legislative clerk called panded dramatically the power of the Carper Johnson (SD) Reed the roll. Federal Government and the expenses Casey Kaine Reid Mr. DURBIN. I announce that the we incur. Cochran King Rockefeller Senator from Hawaii (Mr. SCHATZ) is I encourage all my colleagues to sup- Collins Kirk Sanders Coons Klobuchar Schumer necessarily absent. port this measure which would re- Donnelly Landrieu Shaheen Mr. CORNYN. The following Senators empower States and move our interests Durbin Leahy Shelby are necessarily absent: the Senator further in the 21st century. Enzi Levin Stabenow from Tennessee (Mr. ALEXANDER) and Feinstein Manchin Tester The PRESIDING OFFICER. The Sen- Franken Markey Thune the Senator from Kansas (Mr. ROB- ator from California. Gillibrand McCaskill Udall (CO) ERTS). Mrs. BOXER. Madam President, I Hagan McConnell Udall (NM) Further, if present and voting, the wish to speak to Senators for a minute Harkin Menendez Walsh Hatch Merkley Warner Senator from Tennessee (Mr. ALEX- and tell Members this amendment is Heinrich Mikulski Warren ANDER) would have voted ‘‘yea.’’ the end of the Federal highway system. Heitkamp Murkowski Whitehouse The PRESIDING OFFICER. Are there The States oppose it. Heller Murphy Wicker any other Senators in the Chamber de- My friend from Utah gave a very im- Hirono Murray Wyden siring to vote? passioned speech earlier in which he es- NOT VOTING—3 The result was announced—yeas 66, sentially said: Free the States. Let Alexander Roberts Schatz nays 31, as follows: them be free. But the States oppose The PRESIDING OFFICER. Under [Rollcall Vote No. 245 Leg.] this amendment. The American Asso- the previous order requiring 60 votes YEAS—66 ciation of State Highway and Trans- for the adoption of this amendment, Baldwin Franken Mikulski portation Officials strongly oppose it the amendment is rejected. Barrasso Gillibrand Murphy and so does the U.S. Chamber of Com- AMENDMENT NO. 3585 Begich Graham Murray merce, the American Trucking Asso- Bennet Grassley Nelson There will now be 2 minutes of debate Blumenthal Hagan Paul ciations, American Society of Civil En- prior to a vote on the Toomey amend- Blunt Harkin Pryor gineers, the National Stone, Sand, and ment. Booker Heinrich Reed Gravel Association. The fact is it The Senator from Pennsylvania. Boxer Heitkamp Reid Mr. TOOMEY. Madam President, in Brown Hirono Rockefeller would result in an immediate 80-per- Cantwell Johnson (SD) Sanders cent cut to our States at a time when 2011 the Federal Highway Administra- Cardin Kaine Schumer we still have 700,000 unemployed con- tion estimated the average transpor- Carper King Stabenow struction workers and thousands of tation project in America takes 79 Casey Klobuchar Tester Coats Landrieu Thune businesses that are waiting—just wait- months to go through the National En- Coburn Leahy Udall (CO) ing—to rebuild the infrastructure. vironmental Policy Act review proc- Coons Levin Udall (NM) I hope Members will vote no on this ess—61⁄2 years to get permission to Corker Manchin Walsh build a road or a bridge. Ben Nelson, a Donnelly Markey Warner radical amendment. Durbin McCain Warren The PRESIDING OFFICER. The Democrat from Nebraska, recognized Enzi McCaskill Whitehouse question is on agreeing to the amend- the problem and suggested an amend- Feinstein Menendez Wicker ment. ment. The amendment simply says if a Flake Merkley Wyden Mr. VITTER. I ask for the yeas and bridge or a road is damaged or de- NAYS—31 nays. stroyed by a declared natural disaster Ayotte Heller Portman The PRESIDING OFFICER. Is there a or emergency and we rebuild the bridge Boozman Hoeven Risch sufficient second? or road in the exact same place, with Burr Inhofe Rubio the same footprint, the same dimen- Chambliss Isakson Scott There appears to be a sufficient sec- Cochran Johanns Sessions ond. sions—everything is the same—then we Collins Johnson (WI) Shaheen The clerk will call the roll. don’t have to go through the entire en- Cornyn Kirk Shelby The assistant bill clerk proceeded to vironmental permitting process again. Crapo Lee Toomey Cruz McConnell This would save a lot of time and Vitter call the roll. Fischer Moran Mr. DURBIN. I announce that the money and allow us to maintain our Hatch Murkowski Senator from Hawaii (Mr. SCHATZ) is roads and bridges. NOT VOTING—3 necessarily absent. I know my friends on the other side Alexander Roberts Schatz Mr. CORNYN. The following Senators think this problem was solved. It was are necessarily absent: the Senator not solved. The Department of Trans- The PRESIDING OFFICER. Under portation can exclude certain projects, the previous order requiring 60 votes from Tennessee (Mr. ALEXANDER) and the Senator from Kansas (Mr. ROB- but can choose not to, and does not for adoption of this amendment, the have the discretion to provide an exclu- amendment is agreed to. ERTS). Further, if present and voting, the sion for the Army Corps of Engineers AMENDMENT NO. 3584 or the Fish and Wildlife Service—the The PRESIDING OFFICER. There is Senator from Tennessee (Mr. ALEX- ANDER) would have voted ‘‘nay.’’ very reviews that take the most time now 2 minutes of debate equally di- and cost the most money. So I urge my vided on the Lee amendment. The PRESIDING OFFICER. Are there any other Senators in the Chamber de- colleagues to vote yes. The Senator from Utah. The PRESIDING OFFICER. The Sen- siring to vote? Mr. LEE. Madam President, the ator from Maryland. The result was announced—yeas 28, amendment we are about to consider Mr. CARDIN. Madam President, this nays 69, as follows: would empower States to collect and issue was dealt with in MAP–21 in the spend on the transportation infrastruc- [Rollcall Vote No. 246 Leg.] committee. My friend from Pennsyl- ture they need. We have a desperate YEAS—28 vania talks about using regular order, need within our transportation infra- Ayotte Fischer Paul and we did. We had a very serious de- structure system that is not being sat- Boozman Flake Portman bate and we had many different views isfied by our current Federal system, Burr Graham Risch Chambliss Grassley Rubio and we compromised, and there is an one that has been bloated over the Coats Inhofe Scott expedited process to deal with replace- years and has centralized too much Coburn Isakson Sessions ment facilities. It is in MAP–21. It power within Washington, DC. This has Corker Johnson (WI) Toomey deals with a way to get this done. Cornyn Lee Vitter resulted in gridlock within our trans- Crapo McCain The problem with the amendment of portation infrastructure projects. We Cruz Moran the Senator from Pennsylvania is it to- increased the Federal gasoline tax by NAYS—69 tally eliminates all of the protections 460 percent between 1982 and 1994. In- that are in the law. It eliminates all of Baldwin Bennet Booker stead of using that to back up and se- Barrasso Blumenthal Boxer the protections under the Clean Water cure the Federal highway trust fund, Begich Blunt Brown Act and under the NEPA process.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5039 We handled this in the committee. It The bill was read the third time. There being no objection, the Senate was bipartisan. It was done. There is no The PRESIDING OFFICER. The bill proceeded to consider the concurrent need for this amendment. having been read the third time, the resolution. I urge my colleagues to reject the question is, Shall the bill pass? The PRESIDING OFFICER. Under amendment. Mrs. MCCASKILL. Mr. President, I the previous order, the concurrent res- Mr. SCOTT. I ask for the yeas and ask for the yeas and nays. olution is agreed to and the motion to nays. The PRESIDING OFFICER. Is there a reconsider is considered made and laid The PRESIDING OFFICER. Is there a sufficient second? upon the table. sufficient second? There appears to be a sufficient sec- The concurrent resolution (H. Con. There appears to be a sufficient sec- ond. Res. 108) was agreed to. ond. The clerk will call the roll. f The question is on agreeing to the The assistant bill clerk called the amendment. roll. SUPPORTING ISRAEL’S RIGHT TO The clerk will call the roll. Mr. DURBIN. I announce that the DEFEND ITSELF AGAINST HAMAS The bill clerk called the roll. Senator from Hawaii (Mr. SCHATZ) is Mr. REID. Mr. President, I ask unan- Mr. DURBIN. I announce that the necessarily absent. imous consent the Senate proceed to S. Senator from Hawaii (Mr. SCHATZ) is Mr. CORNYN. The following Senators Res. 526. necessarily absent. are necessarily absent: the Senator The PRESIDING OFFICER. The Mr. CORNYN. The following Senators from Tennessee (Mr. ALEXANDER) and clerk will report the resolution by are necessarily absent: the Senator the Senator from Kansas (Mr. ROB- title. from Tennessee (Mr. ALEXANDER) and ERTS). The assistant legislative clerk read the Senator from Kansas (Mr. ROB- Further, if present and voting, the as follows: ERTS). Senator from Tennessee (Mr. ALEX- A resolution (S. Res. 526) supporting Further, if present and voting, the ANDER) would have voted ‘‘nay.’’ Israel’s right to defend itself against Hamas, Senator from Tennessee (Mr. ALEX- The PRESIDING OFFICER. Are there and for other purposes. ANDER) would have voted ‘‘yea.’’ any other Senators in the Chamber de- There being no objection, the Senate The PRESIDING OFFICER (Mr. DON- siring to vote? proceeded to consider the resolution. NELLY). Are there any other Senators The result was announced—yeas 79, Mr. REID. I ask unanimous consent in the Chamber desiring to vote? nays 18, as follows: the resolution be agreed to, the pre- The result was announced—yeas 47, [Rollcall Vote No. 248 Leg.] amble be agreed to, and the motions to nays 50, as follows: YEAS—79 reconsider be considered made and laid [Rollcall Vote No. 247 Leg.] Ayotte Gillibrand Mikulski upon the table, with no intervening ac- YEAS—47 Baldwin Graham Moran tion or debate. Ayotte Fischer McCaskill Barrasso Grassley Murkowski Begich The PRESIDING OFFICER. Without Barrasso Flake McConnell Hagan Murphy Bennet Harkin objection, it is so ordered. Begich Graham Moran Murray Blumenthal Heinrich Blunt Grassley Murkowski Nelson The resolution (S. Res. 526) was Blunt Heitkamp Boozman Hatch Paul Pryor agreed to. Burr Heitkamp Booker Heller Reed Portman Boozman Hirono The preamble was agreed to. Chambliss Heller Reid Risch Boxer Hoeven (The resolution, with its preamble, is Coats Hoeven Rubio Rockefeller Coburn Inhofe Brown Inhofe printed in today’s RECORD under ‘‘Sub- Scott Sanders Cochran Isakson Cantwell Isakson Sessions Schumer mitted Resolutions.’’) Collins Johanns Cardin Johanns Shelby Carper Johnson (SD) Shaheen f Corker Johnson (WI) Stabenow Cornyn Kirk Thune Casey Kaine Tester ISRAEL Crapo Lee Toomey Chambliss King Thune Cruz Manchin Vitter Coats Kirk Udall (CO) Mr. REID. Mr. President, this resolu- Enzi McCain Wicker Cochran Klobuchar Collins Landrieu Udall (NM) tion is sponsored by me, the Repub- NAYS—50 Coons Leahy Vitter lican leader, Senator MENENDEZ, Sen- Corker Levin Baldwin Harkin Pryor Walsh ator CORKER, and others. Donnelly Manchin Bennet Heinrich Reed Warner Durbin Markey I want the record to reflect that Sen- Blumenthal Hirono Reid Warren Enzi McCaskill C ONNELL Booker Johnson (SD) Whitehouse ator M C and I have talked Rockefeller Feinstein McConnell Boxer Kaine Wicker about this personally and we have Sanders Fischer Menendez Brown King Wyden Schumer Franken Merkley agreed, without any hesitation, about Cantwell Klobuchar Shaheen this legislation. Cardin Landrieu Stabenow NAYS—18 Carper Leahy I have always been a supporter of the Tester Casey Levin Burr Hatch Risch United Nations my whole career. Udall (CO) Coons Markey Coburn Johnson (WI) Rubio Udall (NM) Cornyn Lee Scott What I saw last week disgusted me. Donnelly Menendez As the U.N. Human Rights Council in Durbin Merkley Walsh Crapo McCain Sessions Feinstein Mikulski Warner Cruz Paul Shelby Geneva voted to adopt a resolution ac- Franken Murphy Warren Flake Portman Toomey cusing Israel of human rights viola- Gillibrand Murray Whitehouse NOT VOTING—3 tions in the ongoing Gaza conflict, the Hagan Nelson Wyden Alexander Roberts Schatz resolution was so incredibly one-sided NOT VOTING—3 The PRESIDING OFFICER. The 60- and anti-Israel biased that it makes Alexander Roberts Schatz vote threshold having been achieved, zero—none—mention of Hamas and the The PRESIDING OFFICER. Under the bill, H.R. 5021, as amended, is atrocities Hamas has committed by in- the previous order requiring 60 votes passed. discriminately barraging Israel and using Palestinian civilians as human for the adoption of this amendment, f the amendment is rejected. shields. Under the previous order, there will PROVIDING FOR THE CORRECTION Hamas perpetrated this conflict. be 2 minutes of debate equally divided OF THE ENROLLMENT OF H.R. 5021 They wantonly fire rockets, and they prior to a vote on passage of H.R. 5021, The PRESIDING OFFICER. Under don’t care where the rockets go. Hamas as amended. the previous order, the Senate will pro- has fired almost 3,000 missiles during a Mrs. MCCASKILL. I yield back time. ceed to the consideration of H. Con. 3-week conflict. The PRESIDING OFFICER. Is there Res. 108, which the clerk will report. In fact, the very day the U.N. Human objection? The assistant legislative clerk read Rights Council exonerated Hamas, it Without objection, it is so ordered. as follows: fired dozens of rockets into Israel the The amendments were ordered to be A concurrent resolution (H. Con. Res. 108) same day. engrossed and the bill to be read a providing for the correction of the enroll- These aren’t firecrackers. These are third time. ment of H.R. 5021. very violent, powerful weapons. They

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5040 CONGRESSIONAL RECORD — SENATE July 29, 2014 have a number of rockets. It is esti- Israel. This is relatively new, but they shopped for bargains. She used cou- mated they have 10,000 of them. say there are rockets dropping all over. pons. She collected Green Stamps, and They have something called WS–1E. As I mentioned earlier this morning, they were able to save, to buy a home, It is a Chinese rocket, but they got the Iron Dome doesn’t protect all of Israel. and to have a foundation for raising blueprints—Iran did from the Chinese— They need more Iron Domes. Everyone, their children. and, of course, they shipped these sur- no matter what they are doing, they I benefited from that enormously. reptitiously into Gaza. They will travel can be out in Gaza working in the oil But despite the foundation they had, some 30 miles and they carry about 40 fields and missiles are flying all over their prospects in retirement were de- pounds of explosives. from Hamas. pendent upon two critical programs: They have another one called the I condemn Hamas’s terrorism. We Social Security and Medicare. Social Fajr-5. This is an Iranian rocket. It is should. Their terrorism is not only Security and Medicare—a basic pension the most prestigious weapon of Hamas. against Israel; it is against their own and affordable health care—are simply The Iranian Revolutionary Guard people. As I heard the Republican con- essential for millions of working fami- gave Hamas the technology to manu- servative columnist in the New York lies in retirement. They are the dif- facture those. They carry a warhead of Times David Brooks say in the ference between poverty and stability. 400 pounds. They will travel about 55 NewsHour—I am paraphrasing, but this The way I see it, Medicare is a cov- miles. I repeat, these aren’t fire- is what he said: This is the first con- enant with our seniors. It is a covenant crackers. flict I have known where the enemy with the 650,000 Oregonians who are on They have another missile in their says: Kill more of us. Medicare now. It is a covenant with the arsenal. It is called a Khaibar M–302. It I join my friend the Republican lead- hundreds of thousands who will utilize is a Syrian-made missile with a range er in doing what other nations refuse Medicare in the years to come. It is of some 12 miles. They carry a 300- to do: condemning the United Nations certainly a covenant with the millions pound warhead and, of course, it goes Human Rights Council’s biased resolu- across America who depend on it—fam- far enough that they believe that with tion. We in this resolution condemn ilies. Those working families across the Fajr and this one, Tel Aviv is with- Hamas. The countries that have voted America are families like my parents, in their sights. for this are Venezuela, Cuba, China. I who worked hard their whole lives, The one they have the most of is repeat, how would they like to look at paid into Medicare, and expect Medi- called the Qassam-1 manufactured in their human rights violations? care to be there for them when they re- Gaza, with no guidance system, a 3- In this resolution, we as a country tire. We cannot break that covenant. mile distance, and a 10-pound warhead; support in this conflict a lasting peace The first step in keeping faith with the Qassam-2 has 9-mile distance and a which can only be realized through the our seniors is this: protecting what 20-pound warhead. demilitarization of Gaza. works. Pretty simple. We would think They have something called a Grads. They talked about tunnels. These are that is a no-brainer. But in fact, in They have lots of weapons—lots of not tunnels; these are major operations Washington, a simple proposition like them—and they indiscriminately fire costing millions of dollars to dig a hole this—a no-brainer—is sometimes enor- into Israel. These aren’t grenade in the ground. mously controversial. launchers; these are missiles, huge Why? To go into Israeli settlements For several years now, many in weapons. These rockets are profes- and kill innocent people. Washington here, and including this sionally engineered from Iran, Syria, In offering the resolution before the Chamber, have been pushing to pri- and other countries. They are smug- Senate we stand with Israel and its vatize, to voucherize or to just plain gled into Gaza. They manufacture a right to defend itself, its security, and weaken Medicare. They don’t under- few of their own, as I have indicated. most importantly its people. stand how important this program is These are serious weapons of war. I said earlier I am disgusted—as for the secure retirement of our sen- Hamas also continues to try to con- someone who has been a supporter of iors. They don’t understand how impor- struct and use its sophisticated tunnels the United Nations ever since I have tant this covenant is between each into Israel, which as one Member of been in government—and the United working generation and our retirees. In Hamas recently bragged, allow Hamas Nations better take a look at this orga- fact, the House of Representatives has fighters to invade Israel and kill nization. This is ‘‘disgusting’’—I use it repeatedly voted to effectively end the Israelis. for the third time, as I mean it. Medicare Program that Americans Hamas’s responsibility in the Gaza f know and love and to stick our seniors clash is a fact, but the U.N. Human with an enormous financial burden in MAKING EMERGENCY SUPPLE- Rights Council didn’t make a single their retirement years. This is just a MENTAL APPROPRIATIONS FOR mention of this terrorist organization. simple way to describe that, and that THE FISCAL YEAR ENDING SEP- How many of these nations, such as is to say it is simply wrong. TEMBER 30, 2014—MOTION TO Venezuela, China, Vietnam, and other Others have said: Let’s raise the PROCEED—Continued nations—I wonder how this organiza- Medicare retirement age to 67 or per- tion feels about their human rights. The PRESIDING OFFICER. The Sen- haps 70. I think, when I hear that, How many of these nations which con- ator from Oregon. about my townhalls. In my townhalls— demned Israel would allow their own MEDICARE and I hold one in every county in every citizens to suffer through endless rock- Mr. MERKLEY. I rise today to ad- year—people come and talk about et fire—endless rocket fire. dress a topic that is vital to seniors in whatever they would like. I recall a I talked to one American doctor who Oregon and to seniors across our Na- woman coming to a townhall and she goes to Israel, as he does often, and all tion, and that is our Medicare program. said: Senator, I am in my early sixties. night long there was one air raid siren I know how important Medicare is I have several major health problems. after another. It has been going on because I grew up in a blue-collar She went on to describe them, and she there for weeks. This U.N. resolution working family. My dad was a mill- said: I am just trying to stay alive that was passed does not mention a wright and a mechanic. He believed in until I can make it to age 65 and have single word, nothing. hard work. He took a lot of satisfaction access to Medicare. What is Israel supposed to do? from his job. A millwright is the indi- I have heard that theme of just try- We all lament the loss of life. It is vidual who does all the mechanical ing to make it until they can reach heartrending. But what else is Israel to work to keep the mill running. He said that Medicare age in townhall after do after rocket after rocket after rock- if he did his job right, the mill was townhall. et plunges into its territory. open, the workers had a payday, the Sometimes those who work in offices, I met with a man today who owns an company made money, and everyone in company circumstances, don’t real- oil company, oil exploration. They do was happy. ize how much actual physical labor oil exploration in Nevada. It is called Meanwhile, my mother managed the takes a toll on the body. If someone is Noble Energy. They are the ones who finances, and she stretched a dollar as working in a post office and moving helped develop gas and oil fields in far as anyone possibly could. She bags of mail day in and day out, as one

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5041 good friend of mine has done through- Mr. HELLER. I yield the floor. southern border in South Texas earlier out his career, it is very likely one EMERGENCY SUPPLEMENTAL APPROPRIATIONS this summer overwhelmed the Border would have a bad back and so on and so The PRESIDING OFFICER. The Sen- Patrol—overwhelmed Health and forth. Then of course there are the dis- ator from Delaware. Human Services and other Federal eases that strike like lightning. Mr. CARPER. Mr. President, first let agencies. The administration and Sec- Yes, those who happen to have jobs me express my thanks to Senator retary Jeh Johnson, Secretary of De- with corporations that provide a won- GRASSLEY for letting me step ahead of partment of Homeland Security, have derful health care program are in a lit- him and I thank the Senator as well for responded to this situation with what I tle better shape. But for our seniors, a number of courageous votes today. I will describe as an ‘‘all hands on deck’’ Medicare is a gem—a gem they have also express my gratitude to him and approach. contributed into their entire lives, and to the Presiding Officer. The Federal Emergency Management it needs to be there for them. I understand earlier on the vote on Agency is coordinating the DHS-wide So for some who see the difference final passage of the transportation response to the problem. The Depart- between 65 and 67 as some modest ad- funding legislation 79 Senators voted ment of Defense has provided space on ministrative change, for working for the bill as amended. That is a re- some of its military installations to Americans it is a monumental chasm sounding majority of Democrats and house unaccompanied minors until and they fear falling into it. Republicans. Health and Human Services can find a The good news is there is a very sim- The year when Senator GRASSLEY— placement for them. Immigration and ple action the Senate could take right longer ago than the Presiding Officer Customs Enforcement has greatly ex- now to protect our covenant with our and I combined—came here, the idea panded its ability to detain and remove seniors. The Medicare Protection Act, was for Democrats and Republicans to families, and we have surged Border which I have cosponsored along with work together to try to find the mid- Patrol agents, immigration judges, and Senator PRYOR and others, makes dle, to find principled compromises. It other personnel to the border to help three modest but important changes to has been a while since the Senate actu- process these people. These measures have been working. our law: It expresses the sense of the ally did that. I feel as though today we For example, the amount of time peo- Senate that the Medicare eligibility were the Senate again. It is gratifying ple are detained before they are re- age should not be increased. It ex- to me, and I just want to thank every- moved has decreased significantly in presses the sense of the Senate that the one who voted for the Corker-Boxer- recent weeks, but these emergency Medicare Program should not be Carper amendment, for Senator privatized or voucherized. Third, it measures are expensive and none of the WYDEN’s support, for everybody who Federal agencies involved have the amends the Congressional Budget Act helped to make that amendment part money they need to sustain the aggres- so that any attempt to reduce or elimi- of the bill and supported it in final pas- sive steps they are taking to deal with nate guaranteed benefits or to restrict sage. I hope it sends a message to our this situation. eligibility criteria, such as raising the friends in the House that will not be eligibility age, cannot be passed The consequences of not moving for- lost on them. I hope before they just through the budget reconciliation proc- ward with this legislation are severe. reject it out of order they will sleep on ess. This is particularly important Let me give some examples of what it and when they wake up in the morn- since the House has made repeated at- failing to act will mean. Without this ing maybe we can have a good con- tempts to end Medicare as we know it, emergency funding, Immigration and versation. That is not why I rose to- and to do so using the budget process— Customs Enforcement could be forced night, but I wanted to get that off my the Ryan budget—rather than through to release thousands of people cur- chest and appreciate the chance to do stand-alone legislation. rently being detained and to stop oper- It is time to ensure that we keep our that. ating repatriation flights. Health and I rise this evening in support of the covenant with our seniors. It is time to Human Services could be forced to cut bring this bill to the floor, to debate it, emergency supplemental appropria- back on the number of children it can and to pass it. tions bill introduced, I believe, last care for. Children would be forced to Tomorrow happens to be the anniver- week by Senator MIKULSKI. stay longer at Border Patrol stations sary on which Medicare was signed into The bill as you will recall will pro- and Border Patrol agents would spend law 49 years ago. Maybe a great way to vide some $2.7 billion in order to ad- more of their time taking care of chil- celebrate the 49th birthday of Medicare dress the humanitarian challenge that dren and less time pursuing the smug- would be for this Chamber to debate is playing out in recent weeks on our gling networks operating along our this bill tomorrow and pass it. If not southern border with Mexico. This borders. tomorrow, I would like to see it done in money will ensure that the agencies Some of my colleagues are sug- this work period. And if not in this charged with securing our borders gesting that we will not be able to pass work period, let’s come back and ad- don’t run out of money this summer. this supplemental until September and dress this in September. More importantly, it will address some that the administration can just move The days that are left in this 2-year of the underlying root causes of the money around until then to make up cycle of the Senate are rapidly dis- problems we face along our southern for the shortfall. That may have been appearing, and our seniors are con- border. more feasible earlier in the fiscal year, cerned about this constant attack, this As we all know, we are facing an un- but doing so now will likely have some constant effort to undermine these pro- precedented surge in migration from significant unintended consequences. grams such as Social Security and three countries. They are El Salvador, For example, it would impair our bor- Medicare that they have paid into Honduras, and Guatemala. A large der security because DHS may have to throughout their life and that they ex- number of migrants from these coun- reduce aerial support for the Border pect to be honored when they are re- tries are families. Some of them are Patrol or stop replacing the badly tired. unaccompanied children. Some of those needed x-ray machines at our ports of Let’s bring this bill to the floor. unaccompanied children are as young entry. Our ability to respond to nat- Let’s ensure that American seniors can as 4, 5 and 6 years old. Let me be clear. ural disasters could also be harmed. stop worrying about these assaults on These children and these families are I also understand my colleagues in their retirement—retirement security not slipping past our borders unpro- the House introduced a bill today that they so much deserve. tected. They are being apprehended in would provide $659 million to deal with Mr. President, I yield the floor. large numbers by the Border Patrol al- this crisis. That is roughly one-quarter The PRESIDING OFFICER. The Sen- most as soon as they touch U.S. soil. of what Senator MIKULSKI has intro- ator from Nevada. Some of them, many of them actually, duced, and $659 million is just a drop in (The remarks of Mr. HELLER per- turn themselves in voluntarily to our the bucket from what is needed. In- taining to the introduction of (S. 2658) Border Patrol. credibly our friends in the House are are printed in today’s RECORD under Although the influx has slowed in re- offsetting this funding by raiding other ‘‘Statements on Introduced Bills and cent weeks, the sheer number of chil- critical operations which is what Sen- Joint Resolutions.’’) dren and families coming across our ator MIKULSKI’s bill is trying to avoid.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5042 CONGRESSIONAL RECORD — SENATE July 29, 2014 Failing to move an emergency supple- Their energy costs are roughly three MORNING BUSINESS mental this week would be in my view times what they ought to be. Most of Mr. REID. Mr. President, unconscionable. I urge all my col- their energy from the electricity grid I ask unanimous consent that the leagues to do the right thing and make comes from petroleum. They could use Senate proceed to morning business, sure we deal with this before we leave natural gas and spend half of what they with Senators permitted to speak for for 5 weeks. spend for energy. They need to improve up to 10 minutes each. Dealing with the challenge we are their education and workforce skills f facing on the border is, rightly, our and access to capital. Those are some main focus right now. However, we of the ways to strengthen their econ- TRIBUTE TO NANCY OLKEWICZ cannot lose sight of the root causes omy. Mr. REID. Mr. President, I rise today that are driving the surge in migration I am not suggesting any of this will to pay tribute to a Senate staffer who in the first place. In this country all be quick or easy to do. It will require is retiring after 36 years of service. too often we focus so much of our at- a sustained investment and focus on Nancy Pittore Olkewicz began her Sen- tention on dealing with symptoms of the region by the United States and ate career in February 1978 working for problems and not enough attention on also by a number of others. This is not Senator Paul Sarbanes of Maryland, addressing the underlying causes. This our job alone. This is a shared responsi- who was her home State Senator. She is particularly true on our borders. Lis- bility, and we need to keep that in remained on his staff for 23 years, ten to this. Since 2003 we have spent mind. But it can be done. In fact, we which included the birth of her three $223 billion—that is almost one-quarter have already done it with two of our children. She values her time with Sen- of a trillion dollars—enforcing our im- most important allies in Latin Amer- ator Sarbanes and is especially grateful migration and customs laws, strength- ica, as I mentioned Colombia and more for the opportunity to work part-time ening our borders, strengthening the recently with Mexico, where the eco- while her three children, Jenny, Brian security of our borders—almost one- nomic situation was so bad that more and Eric, were small. quarter of a trillion dollars. We have than 1 million Mexicans were traveling After leaving Senator Sarbanes’ of- spent a small fraction of this—a very across our borders every year—more fice in 2001, Nancy joined the staff of small fraction—actually less than 1 than 1 million. Today both countries the Senate Appropriations Committee, percent helping El Salvador, Guate- have vibrant democracies and vibrant where she worked for me on the Energy mala, and Honduras improve condi- economies and their citizens have hope and Water Development Sub- tions for their citizens. for their future. Now there are more committee. She later joined the Legis- I commend the President and Chair- Mexicans leaving this country going lative Branch subcommittee and served man MIKULSKI for including $300 mil- back to Mexico than are coming this as clerk under Senators DURBIN, LAN- lion in this emergency supplemental way. DRIEU and Ben Nelson. During that request aimed at addressing what I am I will say again what I just said. We time she represented Appropriations convinced are the root causes of this cannot and we should not do this alone. Committee chairman Robert C. Byrd problem. What are they? The lack of This is not all on America. This needs on the Capitol Preservation Commis- economic hope, lack of jobs in Central to be a shared responsibility with the sion and was instrumental in many America, combined with increasing vi- governments of these three countries, high-level decisions regarding the con- olence and insecurity in the region. I with all the partners in the region, in- struction and operation of the Capitol know. I have been there. I have been to cluding Mexico and Colombia, with all Visitor Center. Nancy joined the staff two of those three countries, Guate- the private sector nonprofits and insti- of the Senate Sergeant at Arms in 2011 mala and El Salvador. This year down tutions of faith. Three hundred million as the legislative liaison to then-Ser- to Mexico, down to Colombia, which 20 dollars as an emergency supplemental geant at Arms Terry Gainer. years ago was just about a failed na- is a downpayment on what will need to I wish Nancy the best of luck in all of tion. Remember in Columbia roughly be a long-term commitment to our her future endeavors. She will be great- 20 years ago when a bunch of gunmen neighbors in the region. This cannot be ly missed by many in the Senate. rounded up the Supreme Court judges one and done. If we are serious about f in the country and took them out and addressing the surge, we will need to do shot them to death? That was Colom- BUDGETARY REVISIONS more, and frankly so will others—and I bia 20 years ago. They are no longer a would underline ‘‘so will others.’’ Mrs. MURRAY. Mr. President, I pre- failed nation. They came back from the viously filed budgetary aggregates and Based on what I have seen, this crisis brink. They are a strong partner of committee allocations for budget year requires a holistic approach and one ours, along with Mexico, to turn this 2015 pursuant to section 116 of the Bi- that tackles the underlying causes that situation around in these three Central partisan Budget Act of 2013. Today I are pushing people out of Central American countries which are the am adjusting those levels to account America and the factors that are pull- source of all this migration to our for three reported bills from the Appro- ing them to our borders. country. priations Committee. Based on my recent conversation If we turn our backs on these coun- Section 251 of the Balanced Budget with Central American leaders as re- tries I am convinced we will be back 10 and Emergency Deficit Control Act of cently as last week, the Ambassadors years from now dealing with another 1985 establishes statutory limits on dis- of these three small countries as well expensive humanitarian crisis on our cretionary spending and allows for var- as the Ambassador to Mexico, and border. We don’t need that in any of ious adjustments to those limits, while based on trips to the region, I believe these countries. sections 302 and 314(a) of the Congres- one of the critical needs is to foster I urge all my colleagues to put poli- sional Budget Act allows the chairman economic growth and create jobs. How tics aside and pass this emergency sup- of the Budget Committee to establish might we do that? One, by helping re- plemental. and make revisions to allocations, ag- store their rule of law. In those coun- I yield the floor. Thank you so much. gregates, and levels consistent with tries we have police who don’t police. The PRESIDING OFFICER. The ma- those adjustments. The Committee on We have prosecutors who don’t pros- jority leader is recognized. Appropriations reported three bills ecute and we have judges who don’t ad- Mr. REID. Mr. President, the distin- that are eligible for an adjustment judicate. We have prisons that either guished senior Senator from Delaware under the Congressional Budget Act: don’t rehabilitate or punish. We have and I came to Washington together, 1) The State, Foreign Operations, and kidnappings and extortions. We have and I am so proud of the work he is Related Agencies Appropriations Act, people who are scared to stay there and doing and what he has done. He has which includes $8.625 billion in budget live there and they are bailing. They been a Member of Congress, Governor, authority and $2.5 billion in outlays are voting with their feet. We need to and now Senator and chairman of the that is designated as Overseas Contin- help them restore the rule of law, much Homeland Security Committee. He has gency Operations (OCO) funding. as we helped other countries such as done a remarkably good job, and I am 2) The Homeland Security Appropria- Colombia from the last two decades. very proud of the work he does. tions Act, which includes $213 million

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5043 in budget authority and $170 million in cation to the Committee on Appropria- REVISIONS TO THE BUDGET AUTHORITY AND OUTLAY AL- outlays that is designated as OCO fund- tions and the budgetary aggregates. LOCATIONS TO THE COMMITTEE ON APPROPRIATIONS ing and $6.438 billion in budget author- There being no objection, the mate- FOR FISCAL YEAR 2015 ity and $322 million in outlays that is (Pursuant to Sections 302 and 314(a) of the Congressional Budget Act of rial was ordered to be printed in the designated as disaster funding. 1974) RECORD, as follows: 3) The Defense Appropriations Act, Current Al- Adjusted Al- which includes $59.719 billion in budget In millions of dollars location/ Adjustments** location/ BUDGETARY AGGREGATES authority and $28.368 billion in outlays limit* limit (Pursuant to section 116 of the Bipartisan Budget Act of 2013 and section that is designated as OCO funding. 311 of the Congressional Budget Act of 1974) Fiscal Year 2015: Consequently, I am revising the Revised Security Cat- egory Discretionary budgetary aggregates for 2015 by a $s in millions 2014 2015 Budget Authority ..... 521,272 58,579 579,851 total of $74.995 billion in budget au- Revised Nonsecurity Current Spending Aggregates*: Category Discre- thority and $31.360 billion in outlays. I Budget Authority ...... 2,842,558 2,940,213 tionary Budget Au- am also revising the budget authority Outlays ...... 2,819,514 3,004,326 thority ...... 492,456 16,416 508,872 General Purpose Dis- and outlay allocations to the appro- Adjustments: Budget Authority ...... 0 74,995 cretionary Outlays ... 1,160,543 31,360 1,191,903 priations committee for 2015 by $16.416 Outlays ...... 0 31,360 Memorandum: Total Discre- billion in revised nonsecurity budget Revised Spending Aggregates: tionary Budget Authority .. 1,013,728 74,995 1,088,723 authority, $58.579 billion in revised se- Budget Authority ...... 2,842,558 3,015,208 Outlays ...... 2,819,514 3,035,686 * Current Allocation/limit to the nonsecurity category was revised on 6/16/ curity budget authority, and $31.360 2014 to include a disaster cap adjustment for the Agriculture subcommittee. billion in total outlays. * Current Spending Aggregates were revised on 6/16/2014 and 7/16/2014 ** Pursuant to section 314(a) of the Congressional Budget Act of 1974) to include a disaster cap adjustment for the Agriculture Appropriations sub- the allocation to the Committee on Appropriations will be adjusted following I ask unanimous consent to have committee and a deficit neutral reserve fund adjustment for terrorism risk the reporting of bills, offering of amendments, or submission of conference insurance. reports that qualify for adjustments to the discretionary spending limits as printed in the RECORD the following ta- outlined in section 251(b) of the Balanced Budget and Emergency Deficit bles detailing the changes to the allo- Control Act of 1985. DETAIL ON ADJUSTMENTS TO FISCAL YEAR 2015 ALLOCATIONS TO COMMITTEE ON APPROPRIATIONS PURSUANT TO SECTIONS 302 AND 314(A) OF THE CONGRESSIONAL BUDGET ACT

Overseas $s in billions Program Disaster Emergency contingency Total integrity relief operations

Defense: Budget Authority ...... 0.000 0.000 0.000 59.719 59.719 Outlays ...... 0.000 0.000 0.000 28.368 28 .368 Homeland Security: Budget Authority ...... 0.000 6.438 0.000 0.213 6 .651 Outlays ...... 0.000 0.322 0.000 0.170 0.492 State-Foreign Operations: Budget Authority ...... 0.000 0.000 0.000 8.625 8 .625 Outlays ...... 0.000 0.000 0.000 2.500 2.500 Total: Budget Authority ...... 0.000 6.438 0.000 68. 557 74.995 Outlays ...... 0.000 0.322 0.000 31.038 31 .360 Breakdown of Above Adjustments by Category: Revised Security Category Budget Authority ...... 0.000 0.000 0.000 58.579 58. 579 Revised Nonsecurity Category Budget Authority ...... 0.000 6.438 0.000 9 .978 16.416 General Purpose Discretionary Outlays ...... 0.000 0.322 0.000 31.038 31.360

HONORING OUR ARMED FORCES Funeral services for Gary were held ‘‘was an instant friend and con- CORPORAL GARY L. MOORE on March 24, 2009 and he was laid to fidante,’’ the general said. Corporal Thompson was buried at Mr. INHOFE. Mr. President, I wish to rest with full military honors in Floral Haven Cemetery, in Broken pay tribute to Army CPL Gary L. Sunnylane Cemetery in Del City, OK. Arrow, OK. Army pallbearers from Moore. Corporal Moore died March 16, At the funeral service, Sam Davison, Fort Sill escorted his flag-draped coffin 2009 of injuries sustained when an im- the church’s head pastor said ‘‘Gary to the gravesite and an honor guard provised explosive device blew up next was 38 years younger than me, but he fired rifle volleys and a bugler played to his vehicle in Baghdad, Iraq. was one of my heroes. I’m proud of the ‘‘Taps.’’ Gary was born on January 18, 1984 in service that he rendered. I’m proud of his bravery. I’m proud of Gary.’’ ‘‘I am so proud of my son. Stephen Del City, OK and graduated from became a man the day he joined. This Westmoore High School in Oklahoma Today we remember Army CPL Gary L. Moore, a young man who loved his young man changed overnight. I re- City, OK in 2003. After graduation, he member when I went to his graduation worked as a mall security guard before family and country, and gave his life as a sacrifice for freedom. from boot camp, I couldn’t hardly be- enlisting in the Army in January 2007. lieve who the person that was standing CORPORAL STEPHEN S. THOMPSON Starting his career at Fort Leonard in front of me,’’ his father Philip Mr. President, I would also like to re- Wood, MO, Gary was reassigned to the Thompson said. 978th Military Police Company, 93rd member the life and sacrifices of CPL Stephen is survived by his mother Military Police Battalion in Fort Bliss, Stephen S. Thompson who died on Feb- Tresa, his father Philip, and two broth- TX, where he deployed to Iraq in June ruary 14, 2009 of injuries sustained from ers, Austin and Christopher of Tulsa, 2008 to help provide training and over- small arms fire in Baghdad, Iraq. OK. sight of the Iraqi police force. Stephen was born on July 14, 1985 in I extend our deepest gratitude and BG David Phillips, the chief of the Tulsa, OK and was a 2004 graduate of condolences to Stephen’s family and military police corps, praised Gary’s Memorial High School in Tulsa, OK. friends. He lived a life of love for his unit for their service and accomplish- After enlisting in the Army on June 27, family and country. He will be remem- ments in Iraq. He said people in Bagh- 2006, he attended boot camp at Fort bered for his commitment to and belief dad are beginning to experience normal Sill, OK. He was then assigned to the in the greatness of our Nation. I am lives again because of the work of 1st Battalion, 22nd Infantry Regiment, honored to pay tribute to this true Moore and others. ‘‘This past fall, when 1st Brigade Combat Team, 4th Infantry American hero who volunteered to go the elementary schools reopened, Division, Fort Hood, TX. The unit had into the fight and made the ultimate young girls were able to go to school,’’ deployed to Iraq in March 2008 and was sacrifice for our protection and free- Phillips said. set to return home within weeks. dom. Engaged to be married on November BG Ross Ridge, the deputy com- f 14, 2009, his fiancee Randi Ivie said, ‘‘He mander of Fort Sill, said Stephen ‘‘con- loved life. He wasn’t a stranger to any- stantly exuded enthusiasm’’ and al- CHINESE DRYWALL one. He always had a good smile and a ways sought more responsibility to Mr. VITTER. Mr. President, there strong handshake.’’ lead men. To his fellow soldiers, he has been an important development in

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5044 CONGRESSIONAL RECORD — SENATE July 29, 2014 the effort to bring fairness for the vic- To help stop this situation from hap- TRIBUTE TO BRYSON BACHMAN tims of poisonous drywall that was im- pening again, I worked to pass into law ported from China. Drywall sourced bipartisan legislation to stop unsafe Mr. LEE. Mr. President, I wish to pay from China was found to emit dan- drywall from entering U.S. markets by tribute to Bryson Bachman, who has gerous chemicals that make people ensuring that the Consumer Product served as a critical member of my staff sick and damage metal components of Safety Commission follows a voluntary for nearly 3 years, and as my chief air conditioning and other electronics, consensus health and safety standard. counsel for the past year. among other effects. In Louisiana, the Enacted in 2013, this law also ensures Bryson Bachman is an extraordinary defective drywall came at a particu- that unsafe drywall will not be reused judicial talent. His legal pedigree larly troubling time. Just as we were by requiring that it be labeled and that began at Harvard Law School and con- starting to rebuild after Hurricanes its manufacturers are identified. I spe- tinued in his clerkship with the Honor- Katrina and Rita, the defective Chinese cifically offered an amendment to drywall was imported in large quan- able Thomas B. Griffith on the U.S. focus the emphasis of the legislation on Court of Appeals for the DC Circuit and tities. Many homeowners returned high sulfur content, the main dam- later as an associate at Sidley Austin. after their houses were rebuilt only to aging element emitted from the defec- Bryson’s talent and contribution do soon find them to be inhabitable yet tive drywall, and to make the origin of again. We are still fighting today al- the drywall traceable to the manufac- not come solely from his impressive most 9 years after the storm to bring turer. This law protects homeowners background and experience but from justice to the affected families. going forward, but it cannot help the his personal commitment to making a Some other companies, specifically homeowners still looking for justice difference and adding value in every- German-owned entities, that supplied now. We know that the harmful thing he does. defected drywall from China have par- ticipated in the legal process and made drywall came from China, and the rem- I have valued and benefited greatly settlements that have been helpful to edy for these homeowners is for from his deep understanding of the law homeowners. However, the Chinese Taishan to follow the court’s order, and his ability to approach each issue company Taishan, a state-owned enti- come to the table, and reach a fair set- in a thoughtful, respectful and insight- ty, refuses to take responsibility for its tlement. ful way. Above all I have come to ad- harmful products and continues to dis- mire and trust him as a person of un- regard U.S. law and our court system. f matched integrity. As a member of the If the homeowners’ contractors got judiciary committee Bryson’s assist- drywall from Taishan, they have thus VOTE EXPLANATION ance and guidance have been invalu- far been out of luck in seeking fair Mr. RUBIO. Mr. President, due to able. When he briefs an issue I know he compensation as Taishan continues to has done the often unseen and unrecog- ignore our court system. family commitments in Florida, I was unable to vote on the confirmation of nized work of truly understanding the In February 2014, the Fifth U.S. Cir- issue from all angles. His willingness to cuit Court of Appeals in New Orleans Pamela Harris to the Fourth Circuit do the heavy mental lifting on a wide upheld a $2.7 million default judgment Court of Appeals. Had I been present, I range of issues always provided me requiring Taishan to cover the cost of would have voted against Ms. Harris’s removing its defective drywall. Even confirmation. great confidence going into important after losing the appeal, Taishan let the The Senate has few responsibilities judiciary hearings or voting on dif- deadline pass for an appeal to the Su- more important than providing advice ficult legislation. preme Court, meaning the case was and consent on the President’s judicial The test of a great leader and a great back in the U.S. District Court for the nominations. These are lifetime ap- lawyer is not found simply by what Eastern District of Louisiana and pointments with great power, whose they do in a given role, but more im- Judge Eldon Fallon. Earlier this decisions directly impact the life, lib- portantly, how they do it. Some walk month, Taishan disregarded our legal erty, and property of the parties who into a room and people recognize them system and refused to appear in court come before them. as the smartest person in the room. proceedings in this case. Judge Fallon Americans deserve a judiciary staffed True leaders, such as Bryson Bachman, ruled that Taishan was in contempt of by lawyers who are not just highly ca- walk into that same room, as the court for failing to appear to address pable but who are also men and women smartest person in the room, but leave the default judgment entered against of a particular character. We rightfully everyone in the room feeling smarter the company. He ordered Taishan to expect judges to understand their im- and better as a result of how the dia- pay $15,000 in attorney’s fees of the portant but properly limited role to logue and discussion were fostered. plaintiffs and $40,000 in penalties. Most say what the law is, without bias, with- importantly, his ruling banned Taishan Creating space for every member of the out agenda. As passionately as a judge team to participate in and contribute and any of its affiliates or subsidiaries may feel about a particular issue, when from doing business in the United to a discussion, while still driving the he or she puts on that black robe, all most salient points to consider and States unless and until it participates personal views must be set aside. in the court’s process on this ongoing evaluating an array of scenarios, is the No one can deny Ms. Harris has a case. To help ensure enforcement of the hallmark of Bryson’s time as a member first rate mind or that she has built an order, the court sent notice of its rul- of my staff. ing to the Federal Government. impressive career. Unfortunately, many of her statements during that ca- Bryson will be sorely missed in our I applaud the court’s effort to protect office but we wish him, his wife Des- the integrity of our legal system in reer suggest that her mind is better suited to academia, or elective office, tiny and son Hamilton continued suc- taking action to force the Chinese cess in their next season of life and company to comply with the law and than it is to the bench. She has identi- work. This CONGRESSIONAL RECORD is the court’s orders. If state-owned Chi- fied herself as ‘‘profoundly liberal’’ and but a small note in history of Bryson nese companies such as Taishan want said she views the Constitution as Bachman’s impact on the important to do business in the United States, ‘‘profoundly progressive.’’ These types they must follow the law and must of statements, along with troubling in- work done in the Senate. However, his honor our legal system. If they will not terpretations of the First Amendment more important work and longer last- honor commitments and work to re- among other issues, paint a picture of ing impact is found in the imprint he solve claims, how can we expect any a nominee more likely to become a lib- has made on the hearts and minds of Americans to trust any business rela- eral activist judge than one who neu- those with whom he has worked. I tions with or products from Chinese trally applies the law. count myself as one of those deeply in- government controlled companies? Our For those reasons, I would not have fluenced by Bryson. I admire him for government must insist that Taishan supported granting Ms. Harris the pro- his talent, I acknowledge him for his return to the table and participate in found power that comes with lifetime loyal service and thank him for his the legal process. tenure on the Federal bench. friendship.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5045 ADDITIONAL STATEMENTS RECOGNIZING STEWART’S 96 join me in recognizing Stewart’s 96 RANCH Ranch for this great achievement and ∑ honor.∑ RECOGNIZING MOOREMART Mr. HELLER. Mr. President, today I wish to recognize the 150th anniversary f ∑ Ms. AYOTTE. Mr. President, today I of the founding of Stewart’s 96 Ranch REMEMBERING WAYMAN GRAY recognize and commend MooreMart, an in Paradise Valley, NV, which serves as SHERRER outstanding charitable organization an example of the rich and prosperous based in Nashua, NH, that is devoted to history that makes the Silver State so ∑ Mr. SESSIONS. Mr. President, it is supporting America’s servicemen and unique. proper that we note the death of an women. For more than 10 years, This year commemorates a very spe- American patriot who served the U.S. MooreMart has shipped care packages cial year—not only for Stewart’s 96 government with dedication for many to American soldiers in Afghanistan Ranch, but also in Nevada’s history— years. The Nation lost Wayman Gray and Iraq—lifting the spirit of our brave during which we celebrate 150 years of Sherrer, 86, on March 12, 2014. He grad- military members serving in harm’s statehood. From those days of bitter uated from the fine Howard College, way. conflict, Nevada forged a State dedi- now Samford University, where he was What began in February 2004 as a cated to preserving liberty and senior class president, and the Univer- family project started by Paul Moore bettering America. Our dramatic en- sity of Alabama School of Law in the and Carole Moore Biggio to support trance is why our State calls itself Bat- class of 1956. Before college, he served their brother—New Hampshire Army tle Born and why Nevadans, over the in the U.S. Marine Corps. National Guard SSG Brian Moore, who past 150 years, have been entrepre- Following law school, he served 6 was deployed to Iraq—has developed neurial, fiercely independent, and as years with the Federal Bureau of Inves- into a major volunteer effort. Over the diverse as our terrain. It is an honor to tigation, after which he was elected past decade, MooreMart has sent more recognize Stewart’s 96 Ranch in con- county solicitor (district attorney) for than 63,000 care packages to our troops junction with our great State’s sesqui- Blount County, AL. In 1969, he was ap- in Iraq and Afghanistan. Their effort centennial here today. pointed U.S. attorney for the Northern came to be known as ‘‘MooreMart,’’ be- Founded in 1864 by William Stock, a District of Alabama and served ably in cause the soldiers receiving the pack- German immigrant, Stewart’s 96 Ranch that position for 8 years. During that ages remarked that the boxes ‘‘carry is one of Nevada’s most iconic ranching time, I served as an assistant U.S. at- more supplies than WalMart.’’ It’s a operations. Over the past 15 decades, torney for the Southern District of clever nickname that is now well the ranch has faced many obstacles, Alabama and came to know him. We known in the Granite State from aiding our country in World War maintained contact over the years and Once word spread about MooreMart’s II efforts to constantly maintaining were able to talk over those special wartime effort, hundreds of New Hamp- and modernizing the operation to keep times. He served his county and coun- shire citizens, and dozens of organiza- up with the current demands. Due to try with distinction, was active in tions and businesses, gave their sup- the ranch’s long and fascinating his- community and civic affairs, and as a port to this very special organization. tory, it was chosen as the subject of a member of the Lester Memorial United At packing events held several times 1980 Library of Congress project called Methodist Church. throughout the year at the Nashua Na- ‘‘Buckaroos in Paradise.’’ It is consid- Wayman loved his country and tional Guard Armory, volunteers have ered to be one of the most iconic cattle served her with fidelity. I was proud to assembled packages containing goods ranches in the West and one of the last know him.∑ that make deployments a little easi- true ‘‘old time outfits’’ still in original f er—including candy, toothpaste, dental family ownership. Over the years, the floss, energy bars, trail mix, lip balm, ranch has grown and changed, but the MESSAGE FROM THE PRESIDENT playing cards, puzzles, white tube original love of Paradise Valley and A message from the President of the socks, crackers, and notes of encour- commitment to agriculture has never United States was communicated to agement. At Christmas, MooreMart has wavered. the Senate by Mr. Pate, one of his sec- sent Christmas stockings filled with What started as a simple homestead retaries. candy canes, Christmas lights, and has grown into a thriving ranch with a cookies. In addition to sending these new cattle herd that has grown to near- f goodies to our troops, they have also ly 800 mother cows and is continuing to EXECUTIVE MESSAGE REFERRED treated veterans in New Hampshire and flourish. Today, the ranch is still In executive session the Presiding Of- remembered our wounded warriors at owned and operated by the fourth and ficer laid before the Senate a message Walter Reed. fifth generations of William Stock’s di- from the President of the United MooreMart’s generosity has also ex- rect descendants. Fred Stewart, with States submitting a nomination which tended to children in Iraq and Afghani- the help of his wife Kris and daughter was referred to the Committee on For- stan, sending them school supplies and Patrice, currently manages the ranch. eign Relations. toys. Through these donations, Afghan Fifth generation Patrice Stewart is (The message received today is print- and Iraqi children have seen the now a young woman who owns and ed at the end of the Senate pro- warmth and generosity of the Amer- manages her own small herd of top ceedings.) ican people. commercial beef cattle on the ranch, The Moore family and all the actively helps her parents on the ranch f MooreMart volunteers represent the and is involved in all ranch decisions. REPORT ON THE CONTINUATION very best of New Hampshire and our She also competes in youth and high OF THE NATIONAL EMERGENCY Nation: patriotic Americans coming to- school rodeo and takes a leadership THAT WAS ORIGINALLY DE- gether to support our troops. This ex- role in her local Future Farmers of CLARED IN EXECUTIVE ORDER emplary organization has touched the America. Patrice is the future of the 13441 WITH RESPECT TO LEB- lives of our brave soldiers serving on ranch and one day aims to manage the ANON—PM 52 faraway battlefields—making sure they same Paradise Valley ranch that her The PRESIDING OFFICER laid be- know they’re not forgotten during great-great-grandfather William Stock fore the Senate the following message tough deployments. founded in 1864. from the President of the United As MooreMart celebrates its 10th An- Stewart’s 96 Ranch truly exemplifies States, together with an accompanying niversary, I join citizens across New what it means to be a Nevadan, and I report; which was referred to the Com- Hampshire and the Nation in com- am proud to recognize it and the gen- mittee on Banking, Housing, and mending Paul Moore and Carole Moore erations of Stewarts that have worked Urban Affairs: Biggio, the Moore family, and all the to ensure the survival of one of Ne- tremendous MooreMart volunteers for vada’s oldest and largest family-owned To The Congress of the United States: the inspiring work they have done sup- ranches. Today, I ask my colleagues Section 202(d) of the National Emer- porting our troops.∑ and residents of the Silver State to gencies Act (50 U.S.C. 1622(d)) provides

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5046 CONGRESSIONAL RECORD — SENATE July 29, 2014 for the automatic termination of a na- H.R. 3635. An act to ensure the H.R. 3635. An act to ensure the tional emergency unless, within 90 functionality and security of new Federal functionality and security of new Federal days prior to the anniversary date of websites that collect personally identifiable websites that collect personally identifiable its declaration, the President publishes information, and for other purposes. information, and for other purposes; to the H.R. 3696. An act to amend the Homeland Committee on Homeland Security and Gov- in the Federal Register and transmits to Security Act of 2002 to make certain im- ernmental Affairs. the Congress a notice stating that the provements regarding cybersecurity and H.R. 3696. An act to amend the Homeland emergency is to continue in effect be- critical infrastructure protection, and for Security Act of 2002 to make certain im- yond the anniversary date. In accord- other purposes. provements regarding cybersecurity and ance with this provision, I have sent to H.R. 3846. An act to provide for the author- critical infrastructure protection, and for the Federal Register for publication the ization of border, maritime, and transpor- other purposes; to the Committee on Home- enclosed notice stating that the na- tation security responsibilities and functions land Security and Governmental Affairs. tional emergency with respect to Leb- in the Department of Homeland Security and H.R. 3846. An act to provide for the author- the establishment of United States Customs ization of border, maritime, and transpor- anon that was declared in Executive and Border Protection, and for other pur- tation security responsibilities and functions Order 13441 of August 1, 2007, is to con- poses. in the Department of Homeland Security and tinue in effect beyond August 1, 2014. H.R. 4156. An act to amend title 49, United the establishment of United States Customs Certain ongoing activities, such as States Code, to allow advertisements and so- and Border Protection, and for other pur- continuing arms transfers to Hizballah, licitations for passenger air transportation poses; to the Committee on Homeland Secu- which include increasingly sophisti- to state the base airfare of the transpor- rity and Governmental Affairs. cated weapons systems, undermine tation, and for other purposes. H.R. 4156. An act to amend title 49, United Lebanese sovereignty, contribute to H.R. 4250. An act to amend the Federal States Code, to allow advertisements and so- Food, Drug, and Cosmetic Act to provide an licitations for passenger air transportation political and economic instability in alternative process for review of safety and to state the base airfare of the transpor- the region, and continue to constitute effectiveness of nonprescription sunscreen tation, and for other purposes; to the Com- an unusual and extraordinary threat to active ingredients, and for other purposes. mittee on Commerce, Science, and Transpor- the national security and foreign pol- H.R. 4490. An act to enhance the missions, tation. icy of the United States. For this rea- objectives, and effectiveness of United States H.R. 4490. An act to enhance the missions, son, I have determined that it is nec- international communications, and for other objectives, and effectiveness of United States essary to continue the national emer- purposes. international communications, and for other purposes; to the Committee on Foreign Rela- gency declared in Executive Order 13441 H.R. 4838. An act to redesignate the rail- road station located at 2955 Market Street in tions. with respect to Lebanon. Philadelphia, Pennsylvania, commonly H.R. 4572. An act to amend the Commu- BARACK OBAMA. known as ‘‘30th Street Station’’, as the ‘‘Wil- nications Act of 1934 and title 17, United THE WHITE HOUSE, July 29, 2014. liam H. Gray III 30th Street Station’’. States Code, to extend expiring provisions f H.R. 4919. An act to designate the facility relating to the retransmission of signals of of the United States Postal Service located television broadcast stations, and for other MESSAGES FROM THE HOUSE at 715 Shawan Falls Drive in Dublin, Ohio, as purposes; to the Committee on Commerce, ENROLLED BILLS SIGNED the ‘‘Lance Corporal Wesley G. Davids and Science, and Transportation. At 2:15 p.m., a message from the Captain Nicholas J. Rozanski Memorial Post H.R. 4838. An act to redesignate the rail- House of Representatives, delivered by Office’’. road station located at 2955 Market Street in The message also announced that the Philadelphia, Pennsylvania, commonly Mr. Novotny, one of its reading clerks, known as ‘‘30th Street Station’’, as the ‘‘Wil- announced that the Speaker had signed House has passed the following joint liam H. Gray III 30th Street Station’’; to the the following enrolled bills: resolution, in which it requests the Committee on Commerce, Science, and S. 653. An act to provide for the establish- concurrence of the Senate: Transportation. ment of the Special Envoy to promote Reli- H.J. Res. 105. Joint resolution conferring H.R. 4919. An act to designate the facility gious Freedom of Religious Minorities in the honorary citizenship of the United States on of the United States Postal Service located Near East and South Central Asia. Bernardo de Galvez y Madrid, Viscount of at 715 Shawan Falls Drive in Dublin, Ohio, as S. 1104. An act to measure the progress of Galveston and Count of Galvez. the ‘‘Lance Corporal Wesley G. Davids and recovery and development efforts in Haiti The message further announced that Captain Nicholas J. Rozanski Memorial Post following the earthquake of January 12, 2010, Office’’; to the Committee on Homeland Se- and for other purposes. the House has passed the following bill, curity and Governmental Affairs. without amendment: The enrolled bills were subsequently f signed by the President pro tempore S. 1799. An act to reauthorize subtitle A of the Victims of Child Abuse Act of 1990. MEASURES PLACED ON THE (Mr. LEAHY). f CALENDAR At 2:59 p.m., a message from the MEASURES REFERRED The following bills were read the sec- House of Representatives, delivered by ond time, and placed on the calendar: Mr. Novotny, one of its reading clerks, The following bills were read the first S. 2673. A bill to enhance the strategic announced that the House has passed and the second times by unanimous partnership between the United States and the following bills, in which it requests consent, and referred as indicated: Israel. the concurrence of the Senate: H.R. 1771. An act to improve the enforce- H.R. 3393. An act to amend the Internal H.R. 594. An act to amend the Public ment of sanctions against the Government of Revenue Code of 1986 to consolidate certain Health Service Act relating to Federal re- North Korea, and for other purposes; to the tax benefits for educational expenses, to search on muscular dystrophy, and for other Committee on Foreign Relations. amend the Internal Revenue Code of 1986 to purposes. H.R. 2952. An act to amend the Homeland make improvements to the child tax credit, H.R. 1771. An act to improve the enforce- Security Act of 2002 to make certain im- and for other purposes. ment of sanctions against the Government of provements in the laws relating to the ad- f North Korea, and for other purposes. vancement of security technologies for crit- H.R. 2952. An act to amend the Homeland ical infrastructure protection, and for other MEASURES READ THE FIRST TIME Security Act of 2002 to make certain im- purposes; to the Committee on Homeland Se- The following bill was read the first provements in the laws relating to the ad- curity and Governmental Affairs. time: H.R. 3107. An act to require the Secretary vancement of security technologies for crit- S. 2685. A bill to reform the authorities of of Homeland Security to establish cyberse- ical infrastructure protection, and for other the Federal Government to require the pro- curity occupation classifications, assess the purposes. duction of certain business records, conduct H.R. 3107. An act to require the Secretary cybersecurity workforce, develop a strategy electronic surveillance, use pen registers and of Homeland Security to establish cyberse- to address identified gaps in the cybersecu- trap and trace devices, and use other forms curity occupation classifications, assess the rity workforce, and for other purposes; to of information gathering for foreign intel- cybersecurity workforce, develop a strategy the Committee on Homeland Security and ligence, counterterrorism, and criminal pur- to address identified gaps in the cybersecu- Governmental Affairs. poses, and for other purposes. rity workforce, and for other purposes. H.R. 3202. An act to require the Secretary H.R. 3202. An act to require the Secretary of Homeland Security to prepare a com- f of Homeland Security to prepare a com- prehensive security assessment of the trans- ENROLLED BILLS PRESENTED prehensive security assessment of the trans- portation security card program, and for portation security card program, and for other purposes; to the Committee on Com- The Secretary of the Senate reported other purposes. merce, Science, and Transportation. that on today, July 29, 2014, she had

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5047 presented to the President of the in the Office of the President of the Senate table Programs, Agricultural Marketing United States the following enrolled on July 28, 2014; to the Committee on Home- Service, Department of Agriculture, trans- bills: land Security and Governmental Affairs. mitting, pursuant to law, the report of a rule EC–6628. A communication from the Senior entitled ‘‘Dried Prunes Produced in Cali- S. 653. An act to provide for the establish- Procurement Executive, Office of Acquisi- fornia; Increased Assessment Rate’’ (Docket ment of the Special Envoy to promote Reli- tion Policy, General Services Administra- No. AMS–FV–13–0065; FV13–993–1 FR) re- gious Freedom of Religious Minorities in the tion, transmitting, pursuant to law, the re- ceived in the Office of the President of the Near East and South Central Asia. port of a rule entitled ‘‘Federal Acquisition Senate on July 28, 2014; to the Committee on S. 1104. An act to measure the progress of Regulation; Technical Amendments’’ (FAC Agriculture, Nutrition, and Forestry. recovery and development efforts in Haiti 2005–76) received in the Office of the Presi- EC–6637. A joint communication from the following the earthquake of January 12, 2010, dent of the Senate on July 28, 2014; to the Deputy Assistant Secretary of the Army (In- and for other purposes. Committee on Homeland Security and Gov- stallations, Housing and Partnerships) and f ernmental Affairs. the Under Secretary of Agriculture for Nat- EC–6629. A communication from the Senior ural Resources and Environment, transmit- EXECUTIVE AND OTHER Procurement Executive, Office of Acquisi- COMMUNICATIONS ting, pursuant to law, a report relative to tion Policy, General Services Administra- the BRAC disposal of 12.31 acres and the ac- The following communications were tion, transmitting, pursuant to law, the re- quisition of 59.95 acres in Montana; to the laid before the Senate, together with port of a rule entitled ‘‘Federal Acquisition Committee on Agriculture, Nutrition, and Regulation; Federal Acquisition Circular Forestry. accompanying papers, reports, and doc- 2005–76; Small Entity Compliance Guide’’ uments, and were referred as indicated: (FAC 2005–76) received in the Office of the f EC–6621. A communication from the Direc- President of the Senate on July 28, 2014; to tor, Office of Special Education Programs, the Committee on Homeland Security and REPORTS OF COMMITTEES Department of Education, transmitting, pur- Governmental Affairs. The following reports of committees suant to law, the report of a rule entitled EC–6630. A communication from the Chief were submitted: ‘‘Final Priority. National Institute on Dis- of the Publications and Regulations Branch, By Mr. MENENDEZ, from the Committee ability and Rehabilitation Research—Dis- Internal Revenue Service, Department of the on Foreign Relations, with an amendment in ability and Rehabilitation Research Projects Treasury, transmitting, pursuant to law, the the nature of a substitute: and Centers Program’’ (CFDA No. 84.133A–10) report of a rule entitled ‘‘Rules Regarding S.J. Res. 36. A joint resolution relating to received in the Office of the President of the the Health Insurance Premium Tax Credit’’ the approval and implementation of the pro- Senate on July 28, 2014; to the Committee on ((RIN1545–BM23) (TD 9683)) received in the posed agreement for nuclear cooperation be- Health, Education, Labor, and Pensions. Office of the President of the Senate on July EC–6622. A communication from the Under 28, 2014; to the Committee on Finance. tween the United States and the Socialist Secretary of Defense (Personnel and Readi- EC–6631. A communication from the Board Republic of Vietnam (Rept. No. 113–221). ness), transmitting the report of one (1) offi- of Trustees of the Federal Hospital Insurance By Ms. MIKULSKI, from the Committee on cer authorized to wear the insignia of the and Federal Supplementary Medical Insur- Appropriations: grade of rear admiral, as indicated, in ac- ance Trust Funds, transmitting, pursuant to Special Report entitled ‘‘Further Revised cordance with title 10, United States Code, law, the Board’s 2014 Annual Report; to the Allocation to Subcommittees of Budget To- section 777; to the Committee on Armed Committee on Finance. tals for Fiscal Year 2015’’ (Rept. No. 113–222). Services. EC–6632. A communication from the Board By Mr. MENENDEZ, from the Committee EC–6623. A communication from the Chair- of Trustees of the Federal Old-Age and Sur- on Foreign Relations, with an amendment in man, Defense Nuclear Facilities Safety vivors Insurance and Federal Disability In- the nature of a substitute and with an Board, transmitting, the Board’s Report to surance Trust Funds, transmitting, pursuant amended preamble: Congress on the Status of Significant Unre- to law, a report relative to the Federal Dis- S. Res. 502. A resolution concerning the solved Issues with the Department of Ener- ability Insurance (DI) Trust Fund becoming suspension of exit permit issuance by the gy’s Design and Construction Projects (dated inadequate within the next 10 years and the Government of the Democratic Republic of December 26, 2013); to the Committee on Board’s 2014 Annual Report; to the Com- Congo for adopted Congolese children seek- mittee on Finance. Armed Services. ing to depart the country with their adoptive EC–6633. A communication from the Asso- EC–6624. A communication from the Direc- parents. ciate Administrator of the Fruit and Vege- tor, Office of Special Education Programs, By Mr. MENENDEZ, from the Committee table Programs, Agricultural Marketing Department of Education, transmitting, pur- on Foreign Relations, without amendment Service, Department of Agriculture, trans- suant to law, the report of a rule entitled and with a preamble: mitting, pursuant to law, the report of a rule ‘‘Final Priority. National Institute on Dis- S. Res. 513. A resolution honoring the 70th entitled ‘‘Irish Potatoes Grown in Wash- anniversary of the Warsaw Uprising. ability and Rehabilitation Research—Re- ington and Imported Potatoes; Modification search Fellowships Program’’ (CFDA No. S. Res. 520. A resolution condemning the of the Handling Regulations, Reporting Re- downing of Malaysia Airlines Flight 17 and 84.133F–2) received in the Office of the Presi- quirements, and Import Regulations for Red dent of the Senate on July 28, 2014; to the expressing condolences to the families of the Types of Potatoes’’ (Docket No. AMS–FV–13– victims. Committee on Health, Education, Labor, and 0068; FV13–946–3 FIR) received in the Office of Pensions. S. Res. 522. A resolution expressing the the President of the Senate on July 28, 2014; sense of the Senate supporting the U.S.-Afri- EC–6625. A communication from the Direc- to the Committee on Agriculture, Nutrition, tor, Office of Special Education Programs, ca Leaders Summit to be held in Wash- and Forestry. ington, D.C. from August 4 through 6, 2014. Department of Education, transmitting, pur- EC–6634. A communication from the Asso- suant to law, the report of a rule entitled ciate Administrator of the Fruit and Vege- f ‘‘Final Priority. National Institute on Dis- table Programs, Agricultural Marketing ability and Rehabilitation Research—Reha- Service, Department of Agriculture, trans- EXECUTIVE REPORTS OF bilitation Research and Training Centers’’ mitting, pursuant to law, the report of a rule COMMITTEE (CFDA No. 84.133B–1) received in the Office of entitled ‘‘Domestic Dates Produced of the President of the Senate on July 28, 2014; The following executive reports of Packed in Riverside County, California; Re- nominations were submitted: to the Committee on Health, Education, vision of Assessment Requirements’’ (Docket Labor, and Pensions. No. AMS–FV–13–0090; FV14–987–2 FR) re- By Mr. MENENDEZ for the Committee on EC–6626. A communication from the Senior ceived in the Office of the President of the Foreign Relations. Procurement Executive, Office of Acquisi- Senate on July 28, 2014; to the Committee on *George Albert Krol, of New Jersey, a Ca- tion Policy, General Services Administra- Agriculture, Nutrition, and Forestry. reer Member of the Senior Foreign Service, tion, transmitting, pursuant to law, the re- EC–6635. A communication from the Asso- Class of Minister-Counselor, to be Ambas- port of a rule entitled ‘‘Federal Acquisition ciate Administrator of the Fruit and Vege- sador Extraordinary and Plenipotentiary of Regulation; Allowability of Legal Costs for table Programs, Agricultural Marketing the United States of America to the Republic Whistleblower Proceedings’’ (RIN9000–AM64) Service, Department of Agriculture, trans- of Kazakhstan. received in the Office of the President of the mitting, pursuant to law, the report of a rule Nominee: Krol, George Albert. Senate on July 28, 2014; to the Committee on entitled ‘‘Oranges and Grapefruit Grown in Post: Ambassador to Kazakhstan. Homeland Security and Governmental Af- Lower Rio Grande Valley in Texas and Im- (The following is a list of all members of fairs. ported Oranges; Change in Size Require- my immediate family and their spouses. I EC–6627. A communication from the Senior ments for Oranges’’ (Docket No. AMS–FV–14– have asked each of these persons to inform Procurement Executive, Office of Acquisi- 0009; FV14–906–1 FIR) received in the Office of me of the pertinent contributions made by tion Policy, General Services Administra- the President of the Senate on July 28, 2014; them. To the best of my knowledge, the in- tion, transmitting, pursuant to law, the re- to the Committee on Agriculture, Nutrition, formation contained in this report is com- port of a rule entitled ‘‘Federal Acquisition and Forestry. plete and accurate.) Regulation; Federal Acquisition Circular EC–6636. A communication from the Asso- Contributions, amount, date, and donee: 2005–76; Introduction’’ (FAC 2005–76) received ciate Administrator of the Fruit and Vege- 1. Self: none.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5048 CONGRESSIONAL RECORD — SENATE July 29, 2014 2. Spouse: none. Contributions, amount, date and donee: 3. All Grandparents—deceased. 3. Children and Spouses: N/A. 1. Self: none. 4. Jeffrey E. BaCote (Brother): $2300.00, 09/ 4. Parents: Anthony J. Krol, none; Anne E. 2. Spouse: Holly C. Holzer Bass: none. 30/07, John S. McCain; Mark D. Robinson: Krol, none. 3. Children and Spouses: no children. none; Rebecca Scharffe (Sister-in-Law): 5. Grandparents: Albert Krol (deceased); 4. Parents: Father—John R. Bass—de- none; Maribel Robinson (Sister-in-Law): Frances Krol (deceased). ceased; Mother—Dianne K. Klinger: $100, 10/1/ none. 6. Brothers and Spouses: David A. Krol, 2010, Gillibrand, Kirsten; $100, 9/26/2010, Gor- 5. Neil L. BaCote (Father)—deceased. none; Anthony J. Krol (deceased); Alice don, Tim, via Friends of Tim Gordon; $100, Milrod, none. 11/5/2010, Murphy, Scott, via Friends of Scott * Kevin F. O’Malley, of Missouri, to be Am- 7. Sisters and Spouses: N/A. Murphy. bassador Extraordinary and Plenipotentiary 5. Grandparents: Edward Schmuckmier— of the United States of America to Ireland. * Marcia Stephens Bloom Bernicat, of New deceased; Vilma Schmuckmier—deceased; Nominee: Kevin F. O’Malley. Jersey, a Career Member of the Senior For- Glenn Bass—deceased; Maude Bass—de- Post: U.S. Ambassador to Ireland. eign Service, Class of Minister-Counselor, to ceased. (The following is a list of all members of be Ambassador Extraordinary and Pleni- 6. Brothers and Spouses: none. my immediate family and their spouses. I potentiary of the United States of America 7. Sisters and Spouses: Sister—Kristin have asked each of these persons to inform to the People’s Republic of Bangladesh. Bass; $500, 9/30/2013, Young, David, via Young me of the pertinent contributions made by Nominee: Marcia Stephens Bloom for Iowa, Inc; $1000, 4/30/2013, The Hawkeye them. To the best of my knowledge, the in- Bernicat. PAC; $500, 6/23/2012, Biggert, Judy via Judy formation contained in this report is com- Post: Bangladesh. Biggert for Congress; $500, 4/28/2010, Lincoln, plete and accurate.) (The following is a list of all members of Blanche L., via; Friends of Blanche Lincoln; Contributions, date, amount, and donee: my immediate family and their spouses. I $500, 9/30/2010, Lincoln, Blanche L., via; 1. Self: have asked each of these persons to inform Friends of Blanche Lincoln; $1000, 5/6/2010, Federal: 1/29/2010, $5,000, Democratic Na- me of the pertinent contributions made by Grassley, Charles E., via; Grassley Com- tional Committee; 4/14/2010, $500, Mark Critz them. To the best of my knowledge, the in- mittee Inc; Pharmaceutical Care Manage- for Congress Committee; 6/30/2010, $250, Robin formation contained in this report is com- ment Association; Political Action Com- Carnahan for Senate; 5/27/2010, $500, Demo- plete and accurate.) mittee (PCMA PAC); $1153, 03/19/2013, cratic Federal Campaign Committee of St. Contributions, amount, date, and donee: 13961282667; $1346, 06/25/2013, 13964045379; $961, Louis; 6/30/2010, $250, Tommy Sowers for Con- 1. Self: none. 09/24/2013, 13964682308; $2500, 5/24/2012, gress; 6/30/2010, $500, Russ Carnahan in Con- 2. Spouse: Olivier Bernicat: none. 12961317589; $1153, 9/20/2012 12972557013; $1346, gress Committee; 9/30/2010, $500, Russ Carna- Children and Spouses: Sunil C. Bernicat 12/20/2012, 13960525485; $3269, 09/22/2011 han in Congress Committee; 9/30/2010, $500, (deceased), Sumit N. Bernicat: none. 12970787657; $1730, 12/08/2011, 12950084309; $1923, Robin Carnahan for Senate; 10/20/2010, $250, 3. Parents: Rodney L. Bloom (deceased), 7/16/2010, 10931439655; $2115, 12/10/2010, Tommy Sowers for Congress; 6/30/2011, $500, Ruth S. Bloom (deceased). 11990042374; Sister—Kimberley E. Bass; None. Obama for America; 9/27/2011, $1,000, Russ 4. Grandparents: Charles & Fanny Bloom Carnahan for Congress; 11/3/2011, $2,500, (both deceased); Robert & Ruth Stephens * Allan P. Mustard, of Washington, a Ca- Obama Victory Fund 2012; 12/30/2011, $1,000, (both deceased). reer Member of the Senior Foreign Service, Kaine for Virginia; 3/11/2012, $1,100, McCaskill 5. Brothers and Spouses: Rodney L. & Class of Career Minister, to be Ambassador for Missouri; 3/31/2012, $1,000, Russ Carnahan Cindy Bloom: none. Extraordinary and Plenipotentiary of the for Congress; 3/31/2012, $1,000, Obama for 6. Sisters and Spouses: Kathryn D. Bloom United States of America to Turkmenistan. America; 7/23/2012, $500, Kaine for Virginia; 7/ & Luther D. White, Jr.: none. Nominee: Allan P. Mustard. 30/2012, $250, Russ Carnahan for Congress; 8/ Post: Ashgabat. 24/2012, $1,000, Obama Victory Fund 2012; 9/25/ *James D. Pettit, of Virginia, a Career (The following is a list of all members of 2012, $704, Obama Victory Fund 2012; 9/30/2012, Member of the Senior Foreign Service, Class my immediate family and their spouses. I $1,000, McCaskill Victory Fund; 10/25/2012, of Minister-Counselor, to be Ambassador Ex- have asked each of these persons to inform $250, Obama Victory Fund 2012. traordinary and Plenipotentiary of the me of the pertinent contributions made by Local and State: 5/24/2012, $250.00, Wahby United States of America to the Republic of them. To the best of my knowledge, the in- for St. Louis City Treasurer; 7/10/2012, $500.00, Moldova. formation contained in this report is com- Wahby for St. Louis City Treasurer. Nominee: James D. Pettit. plete and accurate.) 2. Spouse: Post: Ambassador to Moldova. Contributions, amount, date, donee: Federal: 6/26/2011, $2,500, McCaskill for Mis- (The following is a list of all members of 1. Self: none. souri; 7/1/2011, $2,500, McCaskill for Missouri. my immediate family and their spouses. I 2. Spouse: none. have asked each of these persons to inform 3. Children and Spouses: Fiona Mustard, *Jane D. Hartley, of New York, to be Am- me of the pertinent contributions made by none. bassador Extraordinary and Plenipotentiary them. To the best of my knowledge, the in- 4. Parents: Donald Mustard: deceased; Bar- of the United States of America to the formation contained in this report is com- bara Mustard: deceased. French Republic. plete and accurate.) 5. Grandparents: Stanley Mustard: de- Nominee: Jane D. Hartley. Contributions, amount, date, and donee: ceased; Vida Mustard: deceased. Post: Ambassador to the French Republic. 1. Self: none. 6. Brothers and Spouses: Richard Mustard: (The following is a list of all members of 2. Spouse: none. deceased; Edward Mustard: none. my immediate family and their spouses. I 3. Children and Spouses: Sarah M. Pettit: have asked each of these persons to inform none, Joshua M. Katzenstein: none, Eliza- *Todd D. Robinson, of New Jersey, a Career me of the pertinent contributions made by beth M. Pettit: none. Member of the Senior Foreign Service, Class them. To the best of my knowledge, the in- 4. Parents: John L. Pettit—deceased; Doris of Minister-Counselor, to be Ambassador Ex- formation contained in this report is com- W. Pettit, none. traordinary and Plenipotentiary of the plete and accurate.) 5. Grandparents: Leon Pettit—deceased; United States of America to the Republic of Contributions, amount, date, and donee: Ines Pettit—deceased; Edgar White—de- Guatemala. 1. Self: see attached. ceased; Lila White—deceased. Nominee: Todd David Robinson. 2. Spouse: see attached. 6. Brothers and Spouses: Jerry L. Pettit, Post: Guatemala. 3. Children and Spouses: Katherine none. (The following is a list of all members of Schlosstein: see attached. 7. Sisters and Spouses: Lila Dan, none; my immediate family and their spouses. I 4. Parents: deceased. Richard Dan, none; Lark Pettit, none. have asked each of these persons to inform 5. Grandparents: deceased. me of the pertinent contributions made by 6. Brothers and Spouses: James E. Hartley, *John R. Bass, of New York, a Career Mem- them. To the best of my knowledge, the in- Jr.: see attached. ber of the Senior Foreign Service, Class of formation contained in this report is com- 7. Sisters and Spouses: N/A. Minister-Counselor, to be Ambassador Ex- plete and accurate.) JANE D. HARTLEY—FEDERAL CAMPAIGN traordinary and Plenipotentiary of the Contributions; amount, date, and donee: CONTRIBUTION REPORT—ATTACHMENT United States of America to the Republic of 1. Self: $300.00, 02/13/07, Barack Obama; Turkey. $500.00, 03/31/08, Barack Obama; $1040.00, 06/04/ Jane D. Hartley: Nominee: John R. Bass. 08, Barack Obama; $1040.00, 06/04/08, Barack Contribution, date, and amount: Post: Republic of Turkey. Obama; $2300.00, 06/04/08, Barack Obama; Dodd—refund, 2/22/2010, ($2,400); Friends of (The following is a list of all members of $250.00, 04/05/11, Barack Obama; $1000.00, 06/30/ Chris Dodd—refund, 2/22/2010, ($1,100); Martha my immediate family and their spouses. I 11, Barack Obama; $250.00, 05/05/12, Barack Coakley, 1/5/2010, $2,400; Jane Harman, 2/1/ have asked each of these persons to inform Obama; $250.00, 08/21/12, Barack Obama; 2010, $1,000; Patrick Leahy, 2/8/2010, $1,000; me of the pertinent contributions made by $1500.00, 09/30/12, Barack Obama; $1259.00, 09/ Arlen Specter, 3/31/2010, $1,000; Michael Ben- them. To the best of my knowledge, the in- 30/08, Obama Victory; $650.00, 06/07/12, Obama net, 3/31/2010, $2,400; Michael Bennet, 3/31/2010, formation contained in this report is com- Victory. $2,400; Friends of Barbara Boxer, 5/25/2010, plete and accurate.) 2. Willetta BaCote (Mother): none. $2,400; Betsy Markcy, 6/20/2010, $1,000; Barney

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5049 Frank, 6/25/2010, $1,000; William Owens, 9/20/ Campaign Committee; 03/07/10, $1,000, (D) States of America to the Republic of Slo- 2010, $1,200; Schneiderman Attorney General, Friends of John Marshall; 04/26/10, $4,800, (D) venia. 9/23/2010, $1,000; Scott Murphy, 9/30/2010, Friends of Harry Reid; 06/29/10, $2,400, (D) Nominee: Brent R. Hartley. $1,200; Robin Carnahan, 9/29/2010, $500; Lee Gillenbrand for Senate; 06/29/10, $2,400, (D) Post: Republic of Slovenia. Irwin Fisher, 9/29/2010, $500; Paul Hodes, 9/29/ Bennett for Colorado; 09/20/10, $2,300, (D) Mi- Nominated: June 16, 2014. 2010, $500; Jack Conway, 9/29/2010, $500; An- chael Bennett for Senate; 09/20/10, $1,000, (D) (The following is a list of all members of drew Cuomo 2010, 10/20/2010, $10,000; Chicago Scott Murphy for Congress, 09/20/10, $1,000, my immediate family and their spouses. I for Rahm Emanuel, 10/27/2010, $25,000; Jack (D) Bill Owen for Congress; 03/30/11, $2,300, (D) have asked each of these persons to inform Conway for Senate, 10/29/2010, $1,000; Ohio Friends of Maria Cantwell; 04/01/11, $35,800, me of the pertinent contributions made by Democratic Party, 11/1/2010, $5,000; McCaskill (D) Obama Victory Fund 2012; 10/05/11, $2,500, them. To the best of my knowledge, the in- for Missouri, 2012 3/23/2011, $1000; Tri-State (R) Friends of Dick Lugar; 11/20/11, $1,500, (D) formation contained in this report is com- Maxed Out Women, 4/11/2011, $1000; Friends of Andrew Cuomo; 12/14/11, $2,500, (D) Kaine for plete and accurate.) Chris Murphy, 5/22/2011, $2500; Gillibrand for Virginia; 02/13/12, $2,500, (D) Joe Kennedy for Contributions, amount, date, and donee: Senate, 5/23/2011, $2500; Kaine for Virginia, 8/ Congress; 04/24/12, $2,000, (D) Hillary Clinton 1. Self: none. 11/2011, $5000; Kathy Hochul for Congress, 5/ for President Debt; 06/19/12 ($2,000), (D) Hil- 2. Spouse; Elizabeth Hayes Dickinson: 20/2011, $1000; Obama Victory Fund 2012, 4/21/ lary Clinton for President Debt; 04/10/12, none. 2011, $35,800; Women for Cuomo 2014 5/10/2011, $2,300, (D) Friends of Maria Cantwell; 06/11/12, 3. Children and Spouses: Eleanor Dickinson $5000; Bob Menendez for Senate 5/12/2011 $1000; $2,500, (D) Nebraskans for Kerrey; 06/29/12, Hartley: none. Charles Dickinson Hartley: Howard Berman for Congress 10/12/2011 $500; $30,800, (D) Obama Victory Fund; 06/18/12, none. Howard Berman for Congress 10/12/2011 $500; $2,500, (D) John Lewis for Congress; 09/24/12, Parents: Jennie Louise Clark, Jack Martin Elizabeth Warren for MA 10/12/2011 $2500; $2,500, (D) Montanans for Tester; 10/16/12, Hartley (deceased): none. DSCC, 10/12/2011, $2500; Montana Senate Vic- $2,500, (D) Nita Lowey for Congress; 10/18/12, 5. Grandparents: Houston and Jennie Pitts tory, 2012, 10/12/2011, $2500; No Bad Apples $2,500, (D) Donnelly for Senate; 12/21/12, (deceased); Charles Alton and Elizabeth Mar- Pac, 10/12/2011, $1000; Amy Klobuchar for Min- $2,500, (D) Friends of Max Baucus; 08/07/13, tin Hartley (deceased). nesota, 11/28/2011, $2500; Andrew Cuomo 2014, $5,000, (D) Democratic Governors Associa- 6. Brothers and Spouses: Michael Lynn 11/28/2011, $2000; New Chicago Committee, 12/ tion; 08/07/13, $5,000, (D) O Say Can You See Hartley: none. 7/2011, $5000; SSVF (Swing State Victory PAC; 09/16/13, $32,400, (D) Democratic Senate 7. Sisters and Spouses: Constance Louise Fund), 12/27/2011, $9200; Dan Garodnick, 2013, Campaign Committee; 09/20/13, $5,300, (D) Chi- Lister (deceased); Lawrence Lister; none. 1/6/2012 $1000; Debbie Wasserman Schultz, 1/10/ cago for Rahm Emanuel; 09/24/13, $5,000, (D) Brenda Hartley Landes; none. Fred Landes; 2012, $1000; Joe Kennedy for Congress, 2/13/ Booker for Senate; 12/03/13, $5,200, (D) Friends none. 2012, $2500; Bob Menendez for Senate, 2/13/ of Schumer [Check was written for $10,400— 2012, $2500; Missouri—Montana Fund, 2/28/ $5,200 for Jane Hartley]; 12/13/13, $5,200, (D) *Jane D. Hartley, of New York, to serve 2012, $2500; Friends of Sherrod Brown, 4/19/ Reid Searchlight Fund. concurrently and without additional com- pensation as Ambassador Extraordinary and 2012, $2500; Lon Johnson, 4/20/2012, $500; Nita Katherine Schlosstein: Lowey, 5/1/2012, $2500; Janet Cowell for Treas- Plenipotentiary of the United States of Date, amount, and contribution: America to the Principality of Monaco. urer, 5/30/2012, $4000; Committee to Elect Joe 10/13/11, $16,500 DNC Services Corp.; 10/13/11, Kearns Goodwin, 5/30/2012, $500; Nebraskans Nominee: Jane D. Hartley. $2,500, Obama, Barack; 10/13/11, $2,500, Obama, Post: Ambassador to the Principality of for Bob Kerrey, 6/11/2012, $2500; OVF 2012, 6/28/ Barack. 2012, $27,300; Montanans for Tester, 6/28/2012, Monaco. $1250; DSCC, 1/24/2013, $30,800; Friends of Max James E. Hartley, Jr. (The following is a list of all members of Baucus, 2/13/2013, $5000; Booker for Senate, 2/ Contribution, date, and amount: my immediate family and their spouses. I 28/2013, $5000; Nita Lowey for Congress, 3/4/ Friends of Chris Dodd, 6/23/2009, $250; have asked each of these persons to inform 2013, $5000; Reshma for New York, 3/1/2013, Friends of Tate Reeves, 8/4/2009, $2,500; me of the pertinent contributions made by $2500; The Markey Committee, 3/14/2013, $1000; Malloy for CT, 3/5/2010, $155; O’Leary for them. To the best of my knowledge, the in- DNC, 5/8/2013, $16,200; Udall for Colorado, 5/24/ Mayor, 7/1/2011, $1,000; Phyllis Newton for formation contained in this report is com- 2013, 2600; Cy Vance for Manhattan DA, 5/28/ City Council, 12/7/2011, $500; Joseph Kennedy plete and accurate.) 2013, $1000; Friends of Congressman George for Congress, 1/27/2012, $2,500; Larson for Con- Contributions, amount, date, and donee: Miller, 6/14/2013, $1000; Cory Booker for Sen- gress, 3/30/2012, $250; Josh Stein for NC Sen- 1. Self: See attached. ate, 6/25/2013, $2600; Gina Raimondo, 7/3/2013, ate Committee, 5/14/2012, $250; Elizabeth for 2. Spouse: See attached. $1000; Friends of Gale Brewer, 7/3/2013, $500; MA, 6/11/2012, $2,500; Berger 2012, 6/28/2012, 3. Children and Spouses: Katherine Reshma for New York, 6/30/2013, $2450; Bill $100; Obama Victory 2012, 8/6/2012, $500; Bill Schlosstein: See attached. Thompson for Mayor, 8/8/2013, $2000; Don Ber- Thompson for Mayor, 8/5/2013, $2,500; O’Leary 4. Parents: N/A. wick for Governor, 8/26/2013, $500; Michelle for Mayor, 9/1/2013, $1,000; Old Lyme Demo- 5. Grandparents: N/A. 6. Brothers and Spouses: James E. Hartley, Nunn for Georgia, 9/13/2013, $1000; Chicago for cratic Party, 11/1/2013, $500; ND Republican Jr.—See attached. Rahm Emanuel, 9/20/2013, $5300; Off the Side- Senate Caucus, 11/1/2013, $1,000. 7. Sisters and Spouses: N/A. lines PAC, 10/30/2013, $5000; Friends of Mark Warner, 10/30/2013, $2600; Moulton for Con- * Erica J. Barks Ruggles, of Minnesota, a JANE D. HARTLEY—FEDERAL CAMPAIGN gress, 11/12/2013, $2000; Alaskans for Begich Career Member of the Senior Foreign Serv- CONTRIBUTION REPORT 2014, 11/21/2013, $1000; Friends of Schumer, 12/ ice, Class of Minister-Counselor, to be Am- ATTACHMENT bassador Extraordinary and Plenipotentiary 4/2013, $5200. Jane Hartley: Contribution, date, and of the United States of America to the Re- Ralph Schlosstein: amount: public of Rwanda. Dodd—refund, 2/22/2010, (2,400); Friends of Date, amount, and contribution: Nominee: Erica J. Barks Ruggles. 03/01/07, $5,000, (D) Our Common Values Post: U.S. Ambassador to Rwanda Chris Dodd—refund, 2/22/2010, (1,100); Martha PAC; 03/31/01, $2,500, (D) Friends of Chris (The following is a list of all members of Coakley, 1/5/2010, 2,400; Jane Harman, 2/1/2010, Dodd; 04/18/07, $2,300, (D) Tom Allen; 05/17/7, my immediate family and their spouses. I 1,000; Patrick Leahy, 2/8/2010, 1,000; Arlen $2,300, (D) Jay Rockefeller; 10/18/07, $5,000, (D) have asked each of these persons to inform Specter, 3/31/2010, 1,000; Michael Bennet, 3/31/ All America PAC; 11/06/07, $25,000, (D) Demo- me of the pertinent contributions made by 2010, 2,400; Michael Bennet, 3/31/2010, 2,400; cratic Senatorial Campaign Committee; 12/ them. To the best of my knowledge, the in- Friends of Barbara Boxer, 5/25/2010, 2,400; 04/07, $1,000, (D) Jack Reed; 01/09/08, $2,300, (D) formation contained in this report is com- Betsy Markcy, 6/20/2010, 1,000; Barney Frank, Barack Obama; 01/31/08, $4,600, (D) Rahm plete and accurate.) 6/25/2010, 1,000; William Owens, 9/20/2010, 1,200; Emanuel; 03/25/08, $1,000, (D) Tom Allen; 04/01/ Contributions, amount, date, and donee: Schneiderman Attorney General, 9/23/2010, 08, $2,300, (D) John Adler; 04/25/08, $3,200, (D) 1. Self: none. 1,000; Scott Murphy, 9/30/2010, 1,200; Robin People for Chris Gregoire; 04/29/08, $1,000, (D) 2. Spouse: none. Camahan, 9/29/2010, 500; Lee Irwin Fisher, 9/29/ Mark Warner; 06/30/08, $28,500, (D) Demo- 3. Children and Spouses: N/A. 2010, 500; Paul Hodes, 9/29/2010, 500; Jack cratic Victory Fund; 02/29/08, $1,000, (D) Oper- 4. Parents: Paul A. Barks—deceased. Conway, 9/29/2010, 500; Andrew Cuomo 2010, 10/ ation Brian Schweitzer; 07/22/08, $2,300, (D) Nancy E. Barks, $35.00, 2/10, Tarryl Clark 20/2010, 10,000; Chicago for Rahm Emanuel, 10/ Udall for Colorado; 09/08/08, $2,500, (D) Jeanne for Congress, $50.00, 10/10, Friends of Tarryl 27/2010, 25,000; Jack Conway for Senate, 10/29/ Shaheen for Senate; 07/31/08, $2,300, (D) Hilary Clark, $50.00, 3/12, Klobuchar for MN. 2010, 1,000; Ohio Democratic Party, 11/1/2010, Clinton; 08/20/08, $2,300, (D) Barack Obama; 09/ 5. Grandparents: N/A. 5,000; McCaskill for Missouri 2012, 3/23/2011, 28/08, $2,300, (D) Friends of Chris Dodd; 10/24/ 6. Brothers and Spouses: N/A. 1,000; Tri-State Maxed Out Women, 4/11/2011, 08, $2,000, (D) Mark Schauer; 10/24/08, $2,000, 7. Sisters and Spouses: Cynthia B. Lynn, 1,000; Friends of Chris Murphy, 5/22/2011, 2,500; (D) Gary Peters; 10/24/08, $2,000, (D) Steve none; Karen C. Barks, none. Gillibrand for Senate, 5/23/2011, 2,500; Kaine Dreihaus; 10/24/08, $2,000, (D) Ann Kirk- for Virginia, 8/11/2011, 5,000; Kathy Hochul for patrick; 10/24/08, $2,000, (D) Ashwin Madia, 12/ *Brent Robert Hartley, of Oregon, a Career Congress, 5/20/2011, 1,000; Obama Victory 05/08, $2,300, (D) Bill Richardson for Presi- Member of the Senior Foreign Service, Class Fund 2012, 4/21/2011, 35,800; Women for Cuomo dent; 04/06/09, $4,800, (D) Friends of Schumer; of Counselor, to be Ambassador Extraor- 2014, 5/10/2011, 5,000; Bob Menendez for Senate, 06/03/09, $5,000, (D) Democratic Senatorial dinary and Plenipotentiary of the United 5/12/2011, 1,000; Howard Berman for Congress,

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5050 CONGRESSIONAL RECORD — SENATE July 29, 2014 10/12/2011, 500; Howard Berman for Congress, $2,500, (D) Montanans for Tester; 10/16/12, 5. Grandparents: Floyd B. Tefft, Grand- 10/12/2011, 500; Elizabeth Warren for MA, 10/12/ $2,500, (D) Nita Lowey for Congress; 10/18/12, father, deceased; Lucy Tefft, grandmother, 2011, 2,500; DSCC, 10/12/2011, 2,500; Montana $2,500, (D) Donnelly for Senate; 12/21/12, deceased; James Durkin, grandfather, de- Senate Victory 2012, 10/12/2011, 2,500; No Bad $2,500, (D) Friends of Max Baucus; 08/07/13, ceased; Julia Durkin, grandmother, de- Apples Pac, 10/12/2011, 1,000; Amy Klobuchar $5,000, (D) Democratic Governors Associa- ceased. for Minnesota, 11/28/2011, 2,500; Andrew tion; 08/07/13, $5,000, (D) O Say Can You See 6. Brothers and spouses: Thomas Tefft, Cuomo 2014, 11/28/2011, 2,000; New Chicago PAC; 09/16/13, $32,400, (D) Democratic Senate brother, none; Julie Crane Tefft, Tom’s Committee, 12/7/2011, 5,000; SSVF (Swing Campaign Committee; 09/20/13, $5,300, (D) Chi- spouse, none; James Tefft, brother, Victoria State Victory Fund), 12/27/2011, 9,200; Dan cago for Rahm Emanuel; 09/24/13, $5,000, (D) Wise, James’ Spouse, Joint Contribution of Garodnick 2013, 1/6/2012, 1,000; Debbie Booker for Senate; 12/03/13, $5,200, (D) Friends $220 in Five Installments April, September, Wassermn Schultz, 1/10/2012, 1,000; Joe Ken- of Schumer [Check was written for $10,400– October and two in November 2012 to Obama nedy for Congress, 2/13/2012, 2,500; Bob Menen- $5,200 for Jane Hartley]; 12/13/13, $5,200, (D) for America. Sisters and spouses: Patricia Tefft, sister, dez for Senate, 2/13/2012, 2,500; Missouri— Reid Searchlight Fund. Montana Fund, 2/28/2012, 2,500; Friends of Katherine Schlosstein: Date, amount, and deceased; Sheila Tefft, sister, none; Rajiv Sherrod Brown, 4/19/2012, 2,500; Lon Johnson, contribution: Chandra, Sheila’s spouse, none. 4/20/2012, 500; Nita Lowey, 5/1/2012, 2,500; Janet 10/13/11, $16,500, DNC Services Corp.; 10/13/ f Cowell for Treasurer, 5/30/2012, 4,000; Com- 11, $2,500, Obama, Barack; 10/13/11, $2,500, mittee to Elect Joe Kearns Goodwin, 5/30/ Obama, Barack. INTRODUCTION OF BILLS AND 2012, 500; Nebraskans for Bob Kerrey, 6/11/ James E. Hartley Jr.: Contribution, date, JOINT RESOLUTIONS 2012, 2,500; OVF 2012, 6/28/2012, 27,300; and amount: The following bills and joint resolu- Friends of Chris Dodd, 6/23/2009, 250; Montananas for Tester, 6/28/2012, 1,250; DSCC, tions were introduced, read the first 1/24/2013, 30,800; Friends of Max Baucus, 2/13/ Friends of Tate Reeves, 8/4/2009, 2,500; Malloy 2013, 5,000; Booker for Senate, 2/28/2013, 5,000; for CT, 3/5/2010, 155; O’Leary for Mayor, 7/1/ and second times by unanimous con- Nita Lowey for Congress, 3/4/2013, 5,000; 2011, 1,000; Phyllis Newton for City Council, sent, and referred as indicated: Reshma for New York, 3/1/2013, 2,500; The 12/7/2011, 500; Joseph Kennedy for Congress, 1/ By Mr. RUBIO (for himself and Mr. Markey Committee, 3/14/2013, 1,000; DNC, 5/8/ 27/2012, 2,500; Larson for Congress, 3/30/2012, CRUZ): 2013, 16,200; Udall for Colorado, 5/24/2013, 2,600; 250; Josh Stein for NC Senate Committee, 5/ S. 2675. A bill to amend the International Cy Vance for Manhattan DA, 5/28/2013, 1,000; 14/2012, 250; Elizabeth for MA, 6/11/2012, 2,500; Religious Freedom Act of 1998 to support re- Friends of Congressman George Miller, 6/14/ Berger 2012, 6/28/2012, 100; Obama Victory ligious freedom in foreign countries; to the 2013, 1,000; Cory Booker for Senate, 6/25/2013, 2012, 8/6/2012, 500; Bill Thompson for Mayor, 8/ Committee on Foreign Relations. 2,600; Gina Raimondo, 7/3/2013, 1,000; Friends 5/2013, 2,500; O’Leary for Mayor, 9/1/2013, 1,000; By Mr. BLUMENTHAL (for himself, of Gale Brewer, 7/3/2013, 500; Reshma for New Old Lyme Democratic Party, 11/1/2013, 500; Mr. MURPHY, Mr. SCHATZ, Mrs. GILLI- York, 6/30/2013, 2,450; Bill Thompson for ND Republican Senate Caucus, 11/1/2013, 1,000. BRAND, Mr. KAINE, Mr. LEVIN, Mr. Mayro, 8/8/2013, 2,000; Don Berwick for Gov- DURBIN, and Ms. WARREN): ernor, 8/26/2013, 500; Michelle Nunn for Geor- * David Pressman, of New York, to be Al- S. 2676. A bill to establish a grant program gia, 9/13/2013, 1,000; Chicago for Rahm Eman- ternate Representative of the United States to encourage States to adopt certain policies uel, 9/20/2013, 5,300; Off the Sidelines PAC, 10/ of America for Special Political Affairs in and procedures relating to the transfer and 30/2013, 5,000; Friends of Mark Warner, 10/30/ the United Nations, with the rank of Ambas- possession of firearms; to the Committee on 2013, 2,600; Moulton for Congress, 11/12/2013, sador. the Judiciary. 2,000; Alaskans for Beigich 2014, 11/21/2013, * David Pressman, of New York, to be an By Mr. INHOFE (for himself, Mr. 1,000; Friends of Schumer, 12/4/2013, 5,200. Alternate Representative of the United COBURN, Mr. CORNYN, Mr. CRUZ, Mr. Ralph Schlosstein: Date, amount, and con- States of America to the Sessions of the MORAN, and Mr. ROBERTS): tribution: General Assembly of the United Nations, S. 2677. A bill to reverse the listing by the 03/01/07, $5,000, (D) Our Common Values during his tenure of service as Alternate Secretary of the Interior of the lesser prairie PAC; 03/31/01, $2,500, (D) Friends of Chris Representative of the United States of Amer- chicken as a threatened species under the Dodd; 04/18/07, $2,300, (D) Tom Allen; 05/17/7, ica for Special Political Affairs in the United Endangered Species Act of 1973, to prevent $2,300, (D) Jay Rockefeller; 10/18/07, $5,000, (D) Nations. further consideration of listing of the species All America PAC; 11/06/07, $25,000, (D) Demo- * Michele Jeanne Sison, of Maryland, a Ca- as a threatened species or endangered species cratic Senatorial Campaign Committee; 12/ reer Member of the Senior Foreign Service, under that Act pending implementation of 04/07, $1,000, (D) Jack Reed; 01/09/08, $2,300, (D) Class of Career Minister, to be the Deputy the Western Association of Fish and Wildlife Barack Obama; 01/31/08, $4,600, (D) Rahm Representative of the United States of Amer- Agencies’ Lesser Prairie-Chicken Range- Emanuel; 03/25/08, $1,000, (D) Tom Allen; 04/01/ ica to the United Nations, with the rank and Wide Conservation Plan and other conserva- 08, $2,300, (D) John Adler; 04/25/08, $3,200, (D) status of Ambassador Extraordinary and tion measures, and for other purposes; to the People for Chris Gregoire; 04/29/08, $1,000, (D) Plenipotentiary, and the Deputy Representa- Committee on Environment and Public Mark Warner; 06/30/08, $28,500, (D) Demo- tive of the United States of America in the Works. cratic Victory Fund; 02/29/08, $1,000, (D) Oper- Security Council of the United Nations. By Mr. INHOFE (for himself and Mr. ation Brian Schweitzer; 07/22/08, $2,300, (D) * Michele Jeanne Sison, of Maryland, a Ca- COBURN): Udall for Colorado; 09/08/08, $2,500, (D) Jean reer Member of the Senior Foreign Service, S. 2678. A bill to remove the American burying beetle from the list of endangered Shaheen for Senate; 07/31/08, $2,300, (D) Hil- Class of Career Minister, to be Representa- species under the Endangered Species Act (16 lary Clinton; 08/20/08, $2,300, (D) Barack tive of the United States of America to the U.S.C. 1531 et seq.); to the Committee on En- Obama; 09/28/08, $2,300, (D) Friends of Chris Sessions of the General Assembly of the vironment and Public Works. Dodd; 10/24/08, $2,000, (D) Mark Schauer; 10/24/ United Nations, during her tenure of service By Mr. BOOKER (for himself, Mr. 08, $2,000, (D) Gary Peters; 10/24/08, $2,000, (D) as Deputy Representative of the United MENENDEZ, and Mrs. BOXER): Steve Dreihaus; 10/24/08, $2,000, (D) Ann Kirk- States of America to the United Nations. *John Francis Tefft, of Virginia, a Career S. 2679. A bill to amend the Internal Rev- patrick; 10/24/08, $2,000, (D) Ashwin Madia; 12/ enue Code of 1986 to reinstate the financing 05/08, $2,300, (D) Bill Richardson for Presi- Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Ex- for the Hazardous Substance Superfund, and dent; 04/06/09, $4,800, (D) Friends of Schumer; for other purposes; to the Committee on Fi- 06/03/09, $5,000, (D) Democratic Senatorial traordinary and Plenipotentiary of the United States of America to the Russian nance. Campaign Committee; 03/07/10, $1,000, (D) By Mr. PRYOR (for himself and Mr. Friends of John Marshall; 04/26/10, $4,800, (D) Federation. Nominee: John Francis Tefft. WALSH): Friends of Harry Reid; 06/29/10, $2,400, (D) S. 2680. A bill to direct the Secretary of Gillenbrand for Senate; 06/29/10, $2,400, (D) Post: Russia. (The following is a list of all members of Commerce to establish a voluntary program Bennett for Colorado; 09/20/10, $2,300, (D) Mi- my immediate family and their spouses. I under which manufacturers may have prod- chael Bennett for Senate; 09/20/10, $1,000, (D) have asked each of these persons to inform ucts certified as meeting the standards of la- Scott Murphy for Congress; 09/20/10, $1,000, me of the pertinent contributions made by bels that indicate to consumers the extent to (D) Bill Owen for Congress; 03/30/11, $2,300, (D) them. To the best of my knowledge, the in- which the products are manufactured in the Friends of Maria Cantwell; 04/01/11, $35,800, formation contained in this report is com- United States, to amend the Internal Rev- (D) Obama Victory Fund 2012; 10/05/11, $2,500, plete and accurate.) enue Code of 1986 to allow a credit against (R) Friends of Dick Lugar; 11/20/11, $1,500, (D) Contributions, amount, date, and donee: income tax for equity investments in small Andrew Cuomo; 12/14/11, $2,500, (D) Kaine for 1. Self: none. business concerns, to establish small busi- Virginia; 02/13/12, $2,500, (D) Joe Kennedy for 2. Spouse: Mariella C. Tefft: none. ness savings accounts, and for other pur- Congress; 04/24/12, $2,000, (D) Hillary Clinton 3. Children and spouses: Christine Marie poses; to the Committee on Finance. for President Debt; 06/19/12, ($2,000), (D) Hil- Tefft, daughter, none; Paul Stronski, By Mr. PRYOR (for himself and Mr. lary Clinton for President Debt; 04/10/12, Christine’s spouse, none; Cathleen Mary WALSH): $2,300, (D) Friends of Maria Cantwell; 06/11/12, Tefft, daughter, none; Andrew Horowitz, S. 2681. A bill to amend the Internal Rev- $2,500, (D) Nebraskans for Kerrey; 06/29/12, Cathleen’s spouse, none. enue Code of 1986 to provide incentives for $30,800, (D) Obama Victory Fund; 06/18/12, 4. Parents: Floyd F. Tefft, father, deceased; businesses to keep jobs in the United States; $2,500, (D) John Lewis for Congress; 09/24/12, Mary Jane Durkin Tefft, Mother, deceased. to the Committee on Finance.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5051 By Mr. PRYOR (for himself and Mr. ADDITIONAL COSPONSORS Revenue Code of 1986 to provide a re- WALSH): S. 204 duced rate of excise tax on beer pro- S. 2682. A bill to require certain Federal duced domestically by certain quali- At the request of Mr. PAUL, the name agencies to use iron, steel, wood products, fying producers. cement and manufactured goods produced in of the Senator from Kansas (Mr. S. 987 the United States in public construction MORAN) was added as a cosponsor of S. projects, to permanently extend the Build 204, a bill to preserve and protect the At the request of Mr. SCHUMER, the America Bonds program, to ensure that free choice of individual employees to name of the Senator from Colorado transportation and infrastructure projects form, join, or assist labor organiza- (Mr. UDALL) was added as a cosponsor carried out using Federal financial assist- tions, or to refrain from such activi- of S. 987, a bill to maintain the free ance are constructed with steel, iron, and ties. flow of information to the public by manufactured goods that are produced in the S. 234 providing conditions for the federally United States, and for other purposes; to the compelled disclosure of information by Committee on Finance. At the request of Mr. NELSON, his By Mr. WYDEN: name was added as a cosponsor of S. certain persons connected with the S. 2683. A bill to reform classification and 234, a bill to amend title 10, United news media. security clearance processes throughout the States Code, to permit certain retired S. 1022 Federal Government and, within the Depart- members of the uniformed services who At the request of Mr. BROWN, the ment of Homeland Security, to establish an have a service-connected disability to name of the Senator from Missouri effective and transparent process for the des- receive both disability compensation (Mrs. MCCASKILL) was added as a co- ignation, investigation, adjudication, denial, sponsor of S. 1022, a bill to amend title suspension, and revocation of security clear- from the Department of Veterans Af- ances, and for other purposes; to the Com- fairs for their disability and either re- 46, United States Code, to extend the mittee on Homeland Security and Govern- tired pay by reason of their years of exemption from the fire-retardant ma- mental Affairs. military service or Combat-Related terials construction requirement for By Ms. MURKOWSKI: Special Compensation, and for other vessels operating within the Boundary S. 2684. A bill to direct the Administrator purposes. Line. of General Services, on behalf of the Sec- At the request of Mr. REID, the S. 1397 retary of the Interior, to convey certain Fed- names of the Senator from Louisiana At the request of Mr. PORTMAN, the eral property located in the National Petro- (Ms. LANDRIEU) and the Senator from name of the Senator from Louisiana leum Reserve in Alaska to the Olgoonik Cor- poration, an Alaska Native Corporation es- Arkansas (Mr. BOOZMAN) were added as (Ms. LANDRIEU) was added as a cospon- tablished under the Alaska Native Claims cosponsors of S. 234, supra. sor of S. 1397, a bill to improve the effi- Settlement Act; to the Committee on Energy S. 240 ciency, management, and interagency and Natural Resources. At the request of Mr. TESTER, the coordination of the Federal permitting By Mr. LEAHY (for himself, Mr. LEE, names of the Senator from Colorado process through reforms overseen by Mr. DURBIN, Mr. HELLER, Mr. (Mr. UDALL) and the Senator from Ne- the Director of the Office of Manage- FRANKEN, Mr. CRUZ, Mr. braska (Mr. JOHANNS) were added as co- ment and Budget, and for other pur- BLUMENTHAL, Mr. UDALL of New Mex- poses. ico, Mr. COONS, Mr. HEINRICH, Mr. sponsors of S. 240, a bill to amend title MARKEY, Ms. HIRONO, Ms. KLO- 10, United States Code, to modify the S. 1463 BUCHAR, Mr. WHITEHOUSE, Mr. SCHU- per-fiscal year calculation of days of At the request of Mrs. BOXER, the MER, and Mr. SANDERS): certain active duty or active service name of the Senator from California S. 2685. A bill to reform the authorities of used to reduce the minimum age at (Mrs. FEINSTEIN) was added as a co- the Federal Government to require the pro- which a member of a reserve compo- sponsor of S. 1463, a bill to amend the duction of certain business records, conduct nent of the uniformed services may re- Lacey Act Amendments of 1981 to pro- electronic surveillance, use pen registers and tire for non-regular service. hibit importation, exportation, trans- trap and trace devices, and use other forms of information gathering for foreign intel- S. 531 portation, sale, receipt, acquisition, ligence, counterterrorism, and criminal pur- At the request of Mr. HARKIN, the and purchase in interstate or foreign poses, and for other purposes; read the first name of the Senator from New Hamp- commerce, or in a manner substan- time. shire (Ms. AYOTTE) was added as a co- tially affecting interstate or foreign sponsor of S. 531, a bill to provide for commerce, of any live animal of any f the publication by the Secretary of prohibited wildlife species. Human Services of physical activity S. 1702 SUBMISSION OF CONCURRENT AND guidelines for Americans. At the request of Mr. LEE, the name SENATE RESOLUTIONS S. 607 of the Senator from Nebraska (Mrs. FISCHER) was added as a cosponsor of S. The following concurrent resolutions At the request of Mr. LEAHY, the name of the Senator from Oregon (Mr. 1702, a bill to empower States with au- and Senate resolutions were read, and thority for most taxing and spending referred (or acted upon), as indicated: MERKLEY) was added as a cosponsor of S. 607, a bill to improve the provisions for highway programs and mass transit By Mr. REID (for himself, Mr. MCCON- relating to the privacy of electronic programs, and for other purposes. NELL, Mr. MENENDEZ, Mr. CORKER, S. 1712 Mr. CARDIN, and Mr. GRAHAM): communications. S. Res. 526. A resolution supporting Israel’s S. 759 At the request of Mrs. FISCHER, her right to defend itself against Hamas, and for At the request of Mr. CASEY, the name was added as a cosponsor of S. other purposes; considered and agreed to. names of the Senator from Louisiana 1712, a bill to provide protections for By Ms. LANDRIEU (for herself, Mr. (Ms. LANDRIEU) and the Senator from workers with respect to their right to SCOTT, Mr. CARDIN, Mr. BROWN, Mr. New Jersey (Mr. MENENDEZ) were added select or refrain from selecting rep- NELSON, Mrs. HAGAN, Mr. LEVIN, and as cosponsors of S. 759, a bill to amend resentation by a labor organization. Ms. BALDWIN): the Internal Revenue Code of 1986 to S. 1739 S. Res. 527. A resolution congratulating the members of Phi Beta Sigma Fraternity, Inc. allow a credit against income tax for At the request of Mr. HOEVEN, the for 100 years of service throughout the amounts paid by a spouse of a member names of the Senator from South Caro- United States and the world, and com- of the Armed Forces for a new State li- lina (Mr. SCOTT) and the Senator from mending Phi Beta Sigma Fraternity, Inc. for cense or certification required by rea- West Virginia (Mr. MANCHIN) were exemplifying the ideals of brotherhood, son of a permanent change in the duty added as cosponsors of S. 1739, a bill to scholarship, and service while upholding the station of such member to another modify the efficiency standards for motto ‘‘Culture for Service and Service for State. grid-enabled water heaters. Humanity’’; considered and agreed to. S. 917 S. 2037 By Mr. HOEVEN (for himself and Ms. HEITKAMP): At the request of Mr. CARDIN, the At the request of Mr. TESTER, the S. Res. 528. A resolution commemorating name of the Senator from New Jersey name of the Senator from Arkansas the 125th anniversary of North Dakota’s (Mr. BOOKER) was added as a cosponsor (Mr. PRYOR) was added as a cosponsor Statehood; considered and agreed to. of S. 917, a bill to amend the Internal of S. 2037, a bill to amend title XVIII of

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5052 CONGRESSIONAL RECORD — SENATE July 29, 2014 the Social Security Act to remove the sis by enacting legislation to balance NIH had after the historic doubling 96-hour physician certification require- the Federal budget through reductions campaign that ended in fiscal year 2003. ment for inpatient critical access hos- of discretionary and mandatory spend- S. 2667 pital services. ing. At the request of Mr. KIRK, the S. 2082 S. 2546 names of the Senator from Oklahoma At the request of Mr. MENENDEZ, the At the request of Mr. ISAKSON, the (Mr. INHOFE), the Senator from Penn- name of the Senator from Michigan name of the Senator from New Hamp- sylvania (Mr. TOOMEY) and the Senator (Ms. STABENOW) was added as a cospon- shire (Ms. AYOTTE) was added as a co- from Nebraska (Mr. JOHANNS) were sor of S. 2082, a bill to provide for the sponsor of S. 2546, a bill to repeal a re- added as cosponsors of S. 2667, a bill to development of criteria under the quirement that new employees of cer- prohibit the exercise of any waiver of Medicare program for medically nec- tain employers be automatically en- the imposition of certain sanctions essary short inpatient hospital stays, rolled in the employer’s health bene- with respect to Iran unless the Presi- and for other purposes. fits. dent certifies to Congress that the S. 2141 S. 2547 waiver will not result in the provision At the request of Mr. REED, the name At the request of Ms. HEITKAMP, the of funds to the Government of Iran for of the Senator from New York (Mr. name of the Senator from Missouri activities in support of international SCHUMER) was added as a cosponsor of (Mrs. MCCASKILL) was added as a co- terrorism, to develop nuclear weapons, S. 2141, a bill to amend the Federal sponsor of S. 2547, a bill to establish or to violate the human rights of the Food, Drug, and Cosmetic Act to pro- the Railroad Emergency Services Pre- people of Iran. vide an alternative process for review paredness, Operational Needs, and S. RES. 502 of safety and effectiveness of non- Safety Evaluation (RESPONSE) Sub- At the request of Mr. PORTMAN, the prescription sunscreen active ingredi- committee under the Federal Emer- names of the Senator from Mississippi ents and for other purposes. gency Management Agency’s National (Mr. COCHRAN) and the Senator from S. 2182 Advisory Council to provide rec- New Hampshire (Mrs. SHAHEEN) were At the request of Mr. WALSH, the ommendations on emergency responder added as cosponsors of S. Res. 502, a name of the Senator from Louisiana training and resources relating to haz- resolution concerning the suspension of (Ms. LANDRIEU) was added as a cospon- ardous materials incidents involving exit permit issuance by the Govern- sor of S. 2182, a bill to expand and im- railroads, and for other purposes. ment of the Democratic Republic of prove care provided to veterans and S. 2624 Congo for adopted Congolese children members of the Armed Forces with At the request of Mrs. SHAHEEN, the seeking to depart the country with mental health disorders or at risk of names of the Senator from Virginia their adoptive parents. suicide, to review the terms or charac- (Mr. KAINE) and the Senator from S. RES. 506 terization of the discharge or separa- Rhode Island (Mr. WHITEHOUSE) were At the request of Mrs. BOXER, the tion of certain individuals from the added as cosponsors of S. 2624, a bill to name of the Senator from Indiana (Mr. Armed Forces, to require a pilot pro- provide additional visas for the Afghan COATS) was added as a cosponsor of S. gram on loan repayment for psychia- Special Immigrant Visa Program, and Res. 506, a resolution recognizing the trists who agree to serve in the Vet- for other purposes. patriotism and contributions of auxil- erans Health Administration of the De- S. 2633 iaries of veterans service organiza- partment of Veterans Affairs, and for At the request of Mr. JOHANNS, the tions. other purposes. name of the Senator from South Caro- S. RES. 511 S. 2301 lina (Mr. SCOTT) was added as a cospon- At the request of Mr. SCOTT, the At the request of Mr. HATCH, the sor of S. 2633, a bill to require notifica- names of the Senator from New Jersey name of the Senator from Minnesota tion of a Governor of a State if an un- (Mr. BOOKER) and the Senator from (Mr. FRANKEN) was added as a cospon- accompanied alien child is placed in a Louisiana (Ms. LANDRIEU) were added sor of S. 2301, a bill to amend section facility or with a sponsor in the State as cosponsors of S. Res. 511, a resolu- 2259 of title 18, United States Code, and and for other purposes. tion establishing best business prac- for other purposes. S. 2635 tices to fully utilize the potential of S. 2329 At the request of Mr. CORNYN, the the United States. At the request of Mrs. SHAHEEN, the name of the Senator from Texas (Mr. S. RES. 513 name of the Senator from Mississippi CRUZ) was added as a cosponsor of S. At the request of Ms. MIKULSKI, the (Mr. WICKER) was added as a cosponsor 2635, a bill to amend the Endangered name of the Senator from New Hamp- of S. 2329, a bill to prevent Hezbollah Species Act of 1973 to require publica- shire (Mrs. SHAHEEN) was added as a co- from gaining access to international fi- tion on the Internet of the basis for de- sponsor of S. Res. 513, a resolution hon- nancial and other institutions, and for terminations that species are endan- oring the 70th anniversary of the War- other purposes. gered species or threatened species, and saw Uprising. S. 2405 for other purposes. At the request of Mr. RISCH, the At the request of Mr. VITTER, his S. 2650 name of the Senator from Florida (Mr. name was added as a cosponsor of S. At the request of Mr. CORKER, the RUBIO) was added as a cosponsor of S. 2405, a bill to amend title XII of the name of the Senator from Utah (Mr. Res. 513, supra. Public Health Service Act to reauthor- HATCH) was added as a cosponsor of S. S. RES. 517 ize certain trauma care programs, and 2650, a bill to provide for congressional At the request of Mr. GRAHAM, the for other purposes. review of agreements relating to Iran’s name of the Senator from New Jersey S. 2449 nuclear program, and for other pur- (Mr. BOOKER) was added as a cosponsor At the request of Mr. MENENDEZ, the poses. of S. Res. 517, a resolution expressing name of the Senator from New Hamp- S. 2658 support for Israel’s right to defend shire (Ms. AYOTTE) was added as a co- At the request of Mr. HARKIN, the itself and calling on Hamas to imme- sponsor of S. 2449, a bill to reauthorize names of the Senator from Illinois (Mr. diately cease all rocket and other at- certain provisions of the Public Health DURBIN), the Senator from Minnesota tacks against Israel. Service Act relating to autism, and for (Mr. FRANKEN) and the Senator from S. RES. 520 other purposes. Minnesota (Ms. KLOBUCHAR) were added At the request of Mr. MURPHY, the S. 2495 as cosponsors of S. 2658, a bill to name of the Senator from New Hamp- At the request of Mr. ENZI, the names prioritize funding for the National In- shire (Mrs. SHAHEEN) was added as a co- of the Senator from Arizona (Mr. stitutes of Health to discover treat- sponsor of S. Res. 520, a resolution con- FLAKE) and the Senator from Kansas ments and cures, to maintain global demning the downing of Malaysia Air- (Mr. MORAN) were added as cosponsors leadership in medical innovation, and lines Flight 17 and expressing condo- of S. 2495, a bill to prevent a fiscal cri- to restore the purchasing power the lences to the families of the victims.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5053 S. RES. 522 AMENDMENT NO. 3636 public health and the environment. In At the request of Mr. COONS, the At the request of Mr. THUNE, the the past five years, 94 new sites have names of the Senator from Illinois (Mr. name of the Senator from Kentucky been added to the NPL, but an average DURBIN) and the Senator from New (Mr. MCCONNELL) was added as a co- of only 7 have been removed each year. Hampshire (Mrs. SHAHEEN) were added sponsor of amendment No. 3636 in- Cleanup has not even begun at hun- as cosponsors of S. Res. 522, a resolu- tended to be proposed to S. 2569, a bill dreds of these NPL sites. Officials at tion expressing the sense of the Senate to provide an incentive for businesses the Environmental Protection Agency, supporting the U.S.-Africa Leaders to bring jobs back to America. EPA, and the Government Account- Summit to be held in Washington, D.C. AMENDMENT NO. 3656 ability Office, GAO, state that the rea- from August 4 through 6, 2014. At the request of Mr. HATCH, the son why cleanup is not starting at hun- AMENDMENT NO. 3585 name of the Senator from Kentucky dreds of sites, and taking so long at At the request of Mr. TOOMEY, the (Mr. MCCONNELL) was added as a co- others, is because of the limited fund- name of the Senator from Kentucky sponsor of amendment No. 3656 in- ing available for cleanup activities. There are more than 11 million (Mr. MCCONNELL) was added as a co- tended to be proposed to S. 2569, a bill Americans who live within one mile of sponsor of amendment No. 3585 pro- to provide an incentive for businesses a Superfund site, and of that, 3 to 4 posed to H.R. 5021, a bill to provide an to bring jobs back to America. extension of Federal-aid highway, high- million are children. Studies show that AMENDMENT NO. 3657 children are particularly susceptible to way safety, motor carrier safety, tran- At the request of Mr. HATCH, the sit, and other programs funded out of the health hazards presented by Super- name of the Senator from Kentucky fund sites. Researchers have found in- the Highway Trust Fund, and for other (Mr. MCCONNELL) was added as a co- purposes. creased autism rates, and recently re- sponsor of amendment No. 3657 in- searchers found that babies born to AMENDMENT NO. 3626 tended to be proposed to S. 2569, a bill mothers living within 1 mile of a At the request of Mr. BLUNT, the to provide an incentive for businesses Superfund site prior to cleanup had a name of the Senator from Kentucky to bring jobs back to America. 20 percent greater incidence of being (Mr. MCCONNELL) was added as a co- AMENDMENT NO. 3687 born with birth defects. sponsor of amendment No. 3626 in- At the request of Ms. COLLINS, the The need for more funding could not tended to be proposed to S. 2569, a bill name of the Senator from Kentucky be clearer. to provide an incentive for businesses (Mr. MCCONNELL) was added as a co- When Congress created Superfund in to bring jobs back to America. sponsor of amendment No. 3687 in- 1980, it established the Superfund Trust AMENDMENT NO. 3629 tended to be proposed to S. 2569, a bill Fund from which the EPA receives an- At the request of Mr. BLUNT, the to provide an incentive for businesses nual appropriations for Superfund name of the Senator from Kentucky to bring jobs back to America. cleanup activities. For 15 years, the (Mr. MCCONNELL) was added as a co- AMENDMENT NO. 3698 Trust Fund received a steady source of sponsor of amendment No. 3629 in- revenue from excise taxes on crude oil tended to be proposed to S. 2569, a bill At the request of Mr. ENZI, the name of the Senator from Minnesota (Mr. and certain chemicals. Those taxes ex- to provide an incentive for businesses pired at the end of fiscal year 1995. The FRANKEN) was added as a cosponsor of to bring jobs back to America. Superfund program is now operating at amendment No. 3698 intended to be pro- AMENDMENT NO. 3630 40 percent of 1987 levels, which is posed to S. 2569, a bill to provide an in- At the request of Mr. PAUL, the name unsustainable according to a 2010 GAO centive for businesses to bring jobs of the Senator from New Jersey (Mr. report which found that current fund- back to America. BOOKER) was added as a cosponsor of ing levels would likely not be sufficient amendment No. 3630 intended to be pro- f to meet the future needs of the Super- posed to S. 2569, a bill to provide an in- STATEMENTS ON INTRODUCED fund program EPA officials estimate centive for businesses to bring jobs BILLS AND JOINT RESOLUTIONS they will need 2 to 2.5 times more fund- back to America. By Mr. BOOKER (for himself, Mr. ing to effectively and efficiently clean- up unremediated sites. AMENDMENT NO. 3631 MENENDEZ, and Mrs. BOXER): It is unfair for the taxpayer to shoul- At the request of Mr. BARRASSO, the S. 2679. A bill to amend the Internal der the burden of cleanup costs for name of the Senator from Kentucky Revenue Code of 1986 to reinstate the these Superfund sites. To meet the (Mr. MCCONNELL) was added as a co- financing for the Hazardous Substance need for additional funding and to pro- sponsor of amendment No. 3631 in- Superfund, and for other purposes; to tect the health of our families and chil- tended to be proposed to S. 2569, a bill the Committee on Finance. dren, Senator MENENDEZ, Senator to provide an incentive for businesses Mr. BOOKER. Mr. President, I rise BOXER, and I have come together to in- to bring jobs back to America. today to introduce with my colleagues AMENDMENT NO. 3632 troduce this act, aimed at holding pol- Senator ROBERT MENENDEZ of New Jer- luting industries accountable, reducing At the request of Mr. THUNE, the sey, and Senator BARBARA BOXER of name of the Senator from Kentucky the need to spend taxpayer dollars, and California, the Superfund Polluter providing a steady flow of funds to the (Mr. MCCONNELL) was added as a co- Pays Restoration Act of 2014. This bill Superfund program. sponsor of amendment No. 3632 in- reinstates an expired excise tax on pol- tended to be proposed to S. 2569, a bill luting industries to help fund the By Mr. LEAHY (for himself, Mr. to provide an incentive for businesses cleanup of Superfund sites and restore LEE, Mr. DURBIN, Mr. HELLER, to bring jobs back to America. communities back to health. Mr. FRANKEN, Mr. CRUZ, Mr. AMENDMENT NO. 3633 Across our Nation we have far too BLUMENTHAL, Mr. UDALL of New At the request of Mr. THUNE, the many un-remediated and dangerous Mexico, Mr. COONS, Mr. HEIN- name of the Senator from Kentucky Superfund sites sitting in our neighbor- RICH, Mr. MARKEY, Ms. HIRONO, (Mr. MCCONNELL) was added as a co- hoods—properties that are literally Ms. KLOBUCHAR, Mr. WHITE- sponsor of amendment No. 3633 in- poisoning our residents. This problem HOUSE, Mr. SCHUMER, and Mr. tended to be proposed to S. 2569, a bill is particularly acute in my State of SANDERS): to provide an incentive for businesses New Jersey, which is both the most S. 2685. A bill to reform the authori- to bring jobs back to America. densely populated State and the State ties of the Federal Government to re- AMENDMENT NO. 3635 with the most Superfund sites. quire the production of certain busi- At the request of Mr. THUNE, the Nationwide, there are more than 1300 ness records, conduct electronic sur- name of the Senator from Kentucky Superfund sites on the National Prior- veillance, use pen registers and trap (Mr. MCCONNELL) was added as a co- ities List, NPL, which require long- and trace devices, and use other forms sponsor of amendment No. 3635 in- term cleanups. The sites listed on the of information gathering for foreign in- tended to be proposed to S. 2569, a bill NPL are the most heavily contami- telligence, counterterrorism, and to provide an incentive for businesses nated in the country and are the sites criminal purposes, and for other pur- to bring jobs back to America. that pose the greatest potential risk to poses; read the first time.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5054 CONGRESSIONAL RECORD — SENATE July 29, 2014 Mr. LEAHY. Mr. President, I am telephony meta-data was not essential lect information, it has to narrowly going to speak on another issue. I see to preventing attacks and could readily limit its collection based on a ‘‘specific my distinguished colleague from Utah have been obtained in a timely manner selection term’’ that identifies the Senator LEE is on the floor. It is an using conventional section 215 orders.’’ focus of the collection. ‘‘Specific selec- issue he has worked with me on. We The Privacy and Civil Liberties Over- tion term’’ is carefully defined. For have tried to join together. It was more sight Board also called for an end to Section 215 and the pen register stat- than a year ago that not only here in bulk collection, concluding that the ute, the definition ensures that the the United States but the whole world program ‘‘lacks a viable legal founda- government must use a term that is learned some very startling details tion under Section 215.’’ Technology narrowly limited to the greatest extent about the massive scope of the Na- executives, legal scholars and privacy reasonably practicable consistent with tional Security Agency’s surveillance advocates called for an end to bulk col- the purpose for seeking the informa- programs. lection. These witnesses also proposed tion. The bill specifies the term cannot Since then the American people, and meaningful reforms to other govern- be a broad geographic area, such as actually, all three branches of govern- ment authorities, such as Section 702 city or State or ZIP Code or area code, ment have been debating the same fun- of FISA, the pen register and trap and nor can it simply be a service provider. damental questions about the extent of trace authorities under FISA, and the For national security letters, the gov- government power that the Framers national security letter statutes. ernment must specifically identify the considered when they crafted the Con- Then, earlier this year, President target about whom it seeks informa- stitution. Many of us had been arguing Obama himself embraced the growing tion. These provisions preclude the those same issues, whether in the Judi- consensus that the bulk collection of government from seeking large swaths ciary Committee, the Intelligence phone records should not continue in of information that it does not need— Committee, or others. But it was hard its current form. and that might very well include pri- to get anybody’s attention. Just this week two new reports high- vate details about the lives of law-abid- Suddenly the whole world was listen- lighted the costs of not placing reason- ing Americans. ing. able limits on government surveil- As a backstop, the bill also mandates The obvious question is, when and lance, not just the significant eco- additional minimization procedures how should the government be per- nomic cost if you don’t put limits but when the government’s collection mitted to gather information about its the impact of journalistic freedom and under Section 215 is likely to be citizens? How do we protect our coun- also our right to counsel—our right to overbroad. It requires the government try while we preserve our fundamental counsel—something we assume is an to destroy data unrelated to its inves- principles and our constitutional lib- unalienable right, and it is, but it is tigation within a reasonable time erties? These questions are even more being undermined. frame. relevant and more complex as tech- That is why the technology industry, Second, the bill enhances trans- the privacy and civil liberties commu- nology develops rapidly, and as more parency regarding the government’s nity are unified in support for this bill. data is created every second. use of surveillance tools. That is one of It is actually now time for Congress to Nobody questions that the govern- the best checks on a runaway govern- ment cannot just walk into our houses, act. That is why I am introducing the ment. FISA and other national secu- rifle through our drawers, our filing USA FREEDOM Act of 2014. It builds rity laws provide law enforcement with cabinets, and our cupboards, to see on the legislation that was passed by an extraordinary amount of power. The what we might have there. But that is the House of Representatives in May, American people have a right to know not where we keep our data anymore. as well as the original bicameral, bi- how that power is exercised. It is on computers. By the same token, Among other things, this bill re- partisan legislation I introduced with they shouldn’t have the right to rifle quires the government to report to the Congressman JIM SENSENBRENNER 10 through our electronic files either. If months ago—last October. public key information about the scope they collect all this data, should the I continue to prefer the original of the collection under a range of na- government be allowed to collect and version of the USA FREEDOM Act, but tional security authorities, including use all of it? we are running short on time in this the number of queries about Americans To what extent does this massive col- Congress. Since passage of the House that it conducts in databases collected lection of data improve our national version in May, I have been working to under Section 702. It also allows pri- security and at what cost to our pri- address concerns that the text of the vate companies more leeway to dis- vacy and free expression? If we pick up House bill—though clearly intended to close the number of FISA orders and everything, do we actually have any- end bulk collection—did not do so ef- national security letters they receive. thing? fectively. I have worked with both Re- I see the distinguished Senator from The Senate Judiciary Committee publicans and Democrats, House Mem- Minnesota, Mr. FRANKEN, on the floor. considered these and other important bers and Senators. I thank him in particular for his lead- questions during the course of six pub- I spent the past several months in ership and helping to draft these trans- lic hearings held over the past year. discussions with the intelligence com- parency provisions. During this deliberative process, the munity and a wide range of stake- Likewise, I thank Senator Committee considered whether the holders, other Senators, privacy and BLUMENTHAL for his work on the bill’s bulk collection of Americans’ phone civil liberties groups, and our U.S. key reforms to the FISA Court. The records has been effective in pre- technology industry. bill requires the FISA Court and the venting terrorist attacks, the privacy The bill I am introducing today is FISA Court of Review, in consultation implications of the program, and the the result of those hundreds of hours of with the Privacy and Civil Liberties effect on the U.S. technology industry. negotiations and meetings. Oversight Board, to appoint a panel of Those hearings helped to demonstrate First, and most importantly, this bill special advocates who can advance the need for additional limits on gov- ensures that the ban on bulk collection legal positions supporting individual ernment surveillance authorities. is a real ban on bulk collection and privacy and civil liberties—in other As these hearings continued, the call that it is effective. It ensures the gov- words, it will not be just one voice that for an end to bulk collection under Sec- ernment cannot rely on section 215 of is heard, we will actually have dis- tion 215 of the USA PATRIOT Act grew the USA PATRIOT Act—the FISA pen senting voices—and improve judicial louder and more persistent. The Presi- register and trap-and-trace device stat- review. dent’s own Review Group on Intel- ute or the national security letter stat- The FISA Court would be required to ligence and Communications Tech- utes—to engage in the indiscriminate appoint one of these advocates when- nology testified before the Judiciary collection of Americans’ private ever it confronts a significant or novel Committee to call for an end to bulk records: yours, mine or anybody else’s issue of law, or it must issue a written collection, concluding that ‘‘[t]he in- who may be watching this debate. finding that appointment of an advo- formation contributed to terrorist in- Under this legislation, when the gov- cate is not appropriate. The bill also vestigations by the use of section 215 ernment uses these authorities to col- requires the FISA Court to report the

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5055 number of times that it appoints or de- TRIOT Act 13 years ago. It is a historic S. 2685 clines to appoint an advocate when opportunity. We would be derelict in Be it enacted by the Senate and House of Rep- confronting a novel or significant issue our duty to this country if we passed resentatives of the United States of America in of law. This bill additionally provides a up that opportunity. Congress assembled, certification mechanism for appellate I think if people such as Senator LEE, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. review of FISA Court decisions when Senator DURBIN, Senator HELLER, Sen- (a) SHORT TITLE.—This Act may be cited as ator FRANKEN, Senator CRUZ, Senator the ‘‘Uniting and Strengthening America by the government prevails, and it pro- Fulfilling Rights and Ensuring Effective Dis- BLUMENTHAL, Senator TOM UDALL, Sen- vides a declassification process for sig- cipline Over Monitoring Act of 2014’’ or the ator COONS, Senator HEINRICH, Senator nificant FISA Court decisions. ‘‘USA FREEDOM Act of 2014’’. Finally, this bill improves the judi- MARKEY, Senator HIRONO, Senator KLO- (b) TABLE OF CONTENTS.—The table of con- cial review procedures for nondisclo- BUCHAR, and Senator WHITEHOUSE have tents for this Act is as follows: sure orders that accompany Section 215 joined, this is not a partisan bill, this Sec. 1. Short title; table of contents. orders and national security letters. is not a Democratic or Republican bill, Sec. 2. Amendments to the Foreign Intel- These have been so overused. This leg- this is a good bill that protects Amer- ligence Surveillance Act of 1978. islation responds to decisions by Fed- ica. TITLE I—FISA BUSINESS RECORDS eral courts that found these provisions I also note the particular contribu- REFORMS violate the First Amendment. tions over many years of Senator Sec. 101. Additional requirements for call While this bill contains significant WYDEN and Senator MARK UDALL. They detail records. Sec. 102. Emergency authority. reforms and improvements, it doesn’t have worked tirelessly to protect Americans’ privacy from their posts on Sec. 103. Prohibition on bulk collection of fix every problem, and we know there tangible things. is more work to be done—in particular, the Intelligence Committee. I am introducing this revised version Sec. 104. Judicial review. with regard to Section 702 of FISA and Sec. 105. Liability protection. of the USA FREEDOM Act today be- other broad government surveillance Sec. 106. Compensation for assistance. cause we cannot afford to wait any authorities that implicate the privacy Sec. 107. Definitions. longer to end the bulk collection of Sec. 108. Inspector General reports on busi- rights of Americans. Americans’ records. I am concerned ness records orders. We could spend the next 20 years that we are running out of time on the Sec. 109. Effective date. waiting to get 100 percent of every- Sec. 110. Rule of construction. legislative calendar. Typically, my thing we need. I would like to get most strong preference would be to take up TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM of what we need and then work on the the bill in the Judiciary Committee rest. and mark it up. But given the need to Sec. 201. Prohibition on bulk collection. The bill provides for public reporting Sec. 202. Privacy procedures. act quickly, I am willing to forego reg- on Section 702. That will help set the TITLE III—FISA ACQUISITIONS TAR- ular order and take this bill directly to stage for reform, but transparency GETING PERSONS OUTSIDE THE the Senate Floor. UNITED STATES REFORMS alone is not enough. I will continue to We cannot let this opportunity go by. Sec. 301. Limits on use of unlawfully ob- work with both Republican and Demo- This is a debate about Americans’ fun- cratic Senators and other outside ex- tained information. damental relationship with their gov- TITLE IV—FOREIGN INTELLIGENCE perts to work on these issues. ernment, about whether our govern- For developing the legislation, I con- SURVEILLANCE COURT REFORMS ment should have the power to create Sec. 401. Appointment of amicus curiae. sulted closely with the Office of the Di- massive databases of information rector of National Intelligence, the Sec. 402. Declassification of decisions, or- about its citizens or whether we are in ders, and opinions. NSA, the FBI, and the Department of control of our own government, not the TITLE V—NATIONAL SECURITY LETTER Justice—and every single word of this other way around. REFORM bill was vetted with those agencies. I I believe we have to impose stronger Sec. 501. Prohibition on bulk collection. am grateful for their receptiveness to limits on government surveillance Sec. 502. Limitations on disclosure of na- the public’s concerns and for their con- powers. I am confident that most tional security letters. structive participation in this process. Vermonters, and most Americans, Sec. 503. Judicial review. Together, we worked hard to ensure agree with me. We need to get this TITLE VI—FISA TRANSPARENCY AND that this bill enacts significant and right, and we need to get it done with- REPORTING REQUIREMENTS meaningful reforms to protect indi- out further delay. Sec. 601. Additional reporting on orders re- vidual privacy, while providing the In- I close with one very quick story I quiring production of business telligence Community with operational have used before. About the only thing records; business records com- flexibility to safeguard this country. I have actually saved from a newspaper pliance reports to Congress. Sec. 602. Annual reports by the Government. The Intelligence Community will that was written about me, and I liked Sec. 603. Public reporting by persons subject still have the ability to safeguard this it so much I framed it. As the distin- to FISA orders. country—nobody is suggesting they guished Presiding Officer knows, I live Sec. 604. Reporting requirements for deci- shouldn’t, but collecting everything is on a dirt road, a place where my wife sions, orders, and opinions of the same as having nothing. That was and I celebrated our honeymoon 52 the Foreign Intelligence Sur- the mistake we had before 9/11, where years ago. The adjoining farmer has veillance Court and the Foreign we had the information that could have known me since I was a little kid. Intelligence Surveillance Court stopped the attack on 9/11, but we The whole story in that paper goes of Review. Sec. 605. Submission of reports under FISA. failed to look at it all. like this: A man in an out-of-State car I am pleased the executive branch on a Saturday morning drives up, sees TITLE VII—SUNSETS supports our bill. I am pleased the the farmer on the porch, and says: Sec. 701. Sunsets. President agrees it should be enacted Does Senator LEAHY live up this SEC. 2. AMENDMENTS TO THE FOREIGN INTEL- LIGENCE SURVEILLANCE ACT OF as soon as possible. But ultimately way? 1978. we—Senators and our colleagues in the He says: Are you a relative of his? Except as otherwise expressly provided, other body—have the responsibility of Well, no, I am not. whenever in this Act an amendment or re- the American people to do what is Are you a friend of his? peal is expressed in terms of an amendment Well, not really. right and to protect the privacy of the to, or a repeal of, a section or other provi- Is he expecting you? sion, the reference shall be considered to be American people. That is why we have No. worked hard with everybody to ensure made to a section or other provision of the Never heard of him. Foreign Intelligence Surveillance Act of 1978 the bill enacts meaningful reforms. We like our privacy. (50 U.S.C. 1801 et seq.). This is the most important thing to Mr. President, I ask unanimous con- TITLE I—FISA BUSINESS RECORDS remember: We can enact this bill, get sent that the text of the bill be printed REFORMS it signed into law, and it would rep- in the RECORD. SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL resent the most significant reform of There being no objection, the text of DETAIL RECORDS. government surveillance authorities the bill was ordered to be printed in (a) APPLICATION.—Section 501(b)(2) (50 since Congress passed the USA PA- the RECORD, as follows: U.S.C. 1861(b)(2)) is amended—

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(2) in paragraph (2)— (A) in the matter preceding clause (i), by (a) AUTHORITY.—Section 501 (50 U.S.C. 1861) (A) in subparagraph (A), by striking ‘‘an striking ‘‘a statement’’ and inserting ‘‘in the is amended by adding at the end the fol- order’’ and inserting ‘‘an order or emergency case of an application other than an applica- lowing new subsection: production’’; and tion described in subparagraph (C) (including ‘‘(i) EMERGENCY AUTHORITY FOR PRODUC- (B) in subparagraph (B), by striking ‘‘an an application for the production of call de- TION OF TANGIBLE THINGS.— order’’ and inserting ‘‘an order or emergency tail records other than in the manner de- ‘‘(1) Notwithstanding any other provision production’’. scribed in subparagraph (C)), a statement’’; of this section, the Attorney General may re- SEC. 103. PROHIBITION ON BULK COLLECTION and quire the emergency production of tangible OF TANGIBLE THINGS. (B) in clause (iii), by striking ‘‘; and’’ and things if the Attorney General— (a) APPLICATION.—Section 501(b)(2) (50 inserting a semicolon; ‘‘(A) reasonably determines that an emer- U.S.C. 1861(b)(2)), as amended by section (2) by redesignating subparagraphs (A) and gency situation requires the production of 101(a) of this Act, is further amended by in- (B) as subparagraphs (B) and (D), respec- tangible things before an order authorizing serting before subparagraph (B), as redesig- tively; and such production can with due diligence be nated by such section 101(a) of this Act, the (3) by inserting after subparagraph (B) (as obtained; following new subparagraph: so redesignated) the following new subpara- ‘‘(B) reasonably determines that the fac- ‘‘(A) a specific selection term to be used as graph: tual basis for the issuance of an order under the basis for the production of the tangible ‘‘(C) in the case of an application for the this section to approve such production of things sought;’’. production on a daily basis of call detail tangible things exists; (b) ORDER.—Section 501(c) (50 U.S.C. records created before, on, or after the date ‘‘(C) informs, either personally or through 1861(c)) is amended— of the application relating to an authorized a designee, a judge having jurisdiction under (1) in paragraph (2)(A), by striking the investigation (other than a threat assess- this section at the time the Attorney Gen- semicolon and inserting ‘‘, including each ment) conducted in accordance with sub- eral requires the emergency production of specific selection term to be used as the section (a)(2) to protect against inter- tangible things that the decision has been basis for the production;’’; and national terrorism, a statement of facts made to employ the authority under this (2) by adding at the end the following new showing that— subsection; and paragraph: ‘‘(i) there are reasonable grounds to believe ‘‘(D) makes an application in accordance ‘‘(3) No order issued under this subsection that the call detail records sought to be pro- with this section to a judge having jurisdic- may authorize the collection of tangible duced based on the specific selection term tion under this section as soon as prac- things without the use of a specific selection required under subparagraph (A) are relevant ticable, but not later than 7 days after the term that meets the requirements of sub- to such investigation; and Attorney General requires the emergency section (b)(2).’’. ‘‘(ii) there is a reasonable, articulable sus- production of tangible things under this sub- (c) MINIMIZATION PROCEDURES.—Section picion that such specific selection term is as- section. 501(g)(2) (50 U.S.C. 1861(g)(2)) is amended— sociated with a foreign power engaged in ‘‘(2) If the Attorney General authorizes the (1) in subparagraph (B), by striking ‘‘and’’ international terrorism or activities in prep- emergency production of tangible things at the end; aration therefor, or an agent of a foreign under paragraph (1), the Attorney General (2) by redesignating subparagraph (C) as power engaged in international terrorism or shall require that the minimization proce- subparagraph (D); activities in preparation therefor; and’’. dures required by this section for the (3) by inserting after subparagraph (B) the (b) ORDER.—Section 501(c)(2) (50 U.S.C. issuance of a judicial order be followed. following: 1861(c)(2)) is amended— ‘‘(3) In the absence of a judicial order ap- ‘‘(C) for orders in which the specific selec- (1) in subparagraph (D), by striking ‘‘; and’’ proving the production of tangible things tion term does not specifically identify an and inserting a semicolon; under this subsection, the production shall individual, account, or personal device, pro- (2) in subparagraph (E), by striking the pe- terminate when the information sought is cedures that prohibit the dissemination, and riod and inserting ‘‘; and’’; and obtained, when the application for the order require the destruction within a reasonable (3) by adding at the end the following new is denied, or after the expiration of 7 days time period (which time period shall be spec- subparagraph: from the time the Attorney General begins ified in the order), of any tangible thing or ‘‘(F) in the case of an application described requiring the emergency production of such information therein that has not been deter- in subsection (b)(2)(C), shall— tangible things, whichever is earliest. mined to relate to a person who is— ‘‘(i) authorize the production on a daily ‘‘(4) A denial of the application made under ‘‘(i) a subject of an authorized investiga- basis of call detail records for a period not to this subsection may be reviewed as provided tion; exceed 180 days; in section 103. ‘‘(ii) a foreign power or a suspected agent ‘‘(ii) provide that an order for such produc- ‘‘(5) If such application for approval is de- of a foreign power; tion may be extended upon application under nied, or in any other case where the produc- ‘‘(iii) reasonably likely to have informa- subsection (b) and the judicial finding under tion of tangible things is terminated and no tion about the activities of— paragraph (1) of this subsection; order is issued approving the production, no ‘‘(I) a subject of an authorized investiga- ‘‘(iii) provide that the Government may re- information obtained or evidence derived tion; or quire the prompt production of call detail from such production shall be received in ‘‘(II) a suspected agent of a foreign power records— evidence or otherwise disclosed in any trial, who is associated with a subject of an au- ‘‘(I) using the specific selection term that hearing, or other proceeding in or before any thorized investigation; or satisfies the standard required under sub- court, grand jury, department, office, agen- ‘‘(iv) in contact with or known to— section (b)(2)(C)(ii) as the basis for produc- cy, regulatory body, legislative committee, ‘‘(I) a subject of an authorized investiga- tion; and or other authority of the United States, a tion; or ‘‘(II) using call detail records with a direct State, or a political subdivision thereof, and ‘‘(II) a suspected agent of a foreign power connection to such specific selection term as no information concerning any United who is associated with a subject of an au- the basis for production of a second set of States person acquired from such production thorized investigation, call detail records; shall subsequently be used or disclosed in unless the tangible thing or information ‘‘(iv) provide that, when produced, such any other manner by Federal officers or em- therein indicates a threat of death or serious records be in a form that will be useful to ployees without the consent of such person, bodily harm to any person or is disseminated the Government; except with the approval of the Attorney to another element of the intelligence com- ‘‘(v) direct each person the Government di- General if the information indicates a threat munity for the sole purpose of determining rects to produce call detail records under the of death or serious bodily harm to any per- whether the tangible thing or information order to furnish the Government forthwith son. therein relates to a person who is described all information, facilities, or technical as- ‘‘(6) The Attorney General shall assess in clause (i), (ii), (iii), or (iv); and’’; and sistance necessary to accomplish the produc- compliance with the requirements of para- (4) in subparagraph (D), as so redesignated, tion in such a manner as will protect the se- graph (5).’’. by striking ‘‘(A) and (B)’’ and inserting ‘‘(A), crecy of the production and produce a min- (b) CONFORMING AMENDMENT.—Section (B), and (C)’’. imum of interference with the services that 501(d) (50 U.S.C. 1861(d)) is amended— SEC. 104. JUDICIAL REVIEW. such person is providing to each subject of (1) in paragraph (1)— (a) MINIMIZATION PROCEDURES.— the production; and (A) in the matter preceding subparagraph (1) JUDICIAL REVIEW.—Section 501(c)(1) (50 ‘‘(vi) direct the Government to— (A), by striking ‘‘pursuant to an order’’ and U.S.C. 1861(c)(1)) is amended by inserting ‘‘(I) adopt minimization procedures that inserting ‘‘pursuant to an order issued or an after ‘‘subsections (a) and (b)’’ the following: require the prompt destruction of all call de- emergency production required’’; ‘‘and that the minimization procedures sub- tail records produced under the order that (B) in subparagraph (A), by striking ‘‘such mitted in accordance with subsection the Government determines are not foreign order’’ and inserting ‘‘such order or such (b)(2)(D) meet the definition of minimization intelligence information; and emergency production’’; and procedures under subsection (g)’’. ‘‘(II) destroy all call detail records pro- (C) in subparagraph (B), by striking ‘‘the (2) TECHNICAL AND CONFORMING AMEND- duced under the order as prescribed by such order’’ and inserting ‘‘the order or the emer- MENT.—Section 501(g)(1) (50 U.S.C. 1861(g)(1)) procedures.’’. gency production’’; and is amended—

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(A) by striking ‘‘Not later than 180 days ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) the importance of the information ac- after the date of the enactment of the USA subparagraph (B), the term ‘specific selec- quired under title V of the Foreign Intel- PATRIOT Improvement and Reauthorization tion term’— ligence Surveillance Act of 1978 (50 U.S.C. Act of 2005, the’’ and inserting ‘‘The’’; and ‘‘(i) means a term that specifically identi- 1861 et seq.) to the activities of the intel- (B) by inserting after ‘‘adopt’’ the fol- fies a person, account, address, or personal ligence community; lowing: ‘‘, and update as appropriate,’’. device, or another specific identifier, that is ‘‘(B) the manner in which that information (b) ORDERS.—Section 501(f)(2) (50 U.S.C. used by the Government to narrowly limit was collected, retained, analyzed, and dis- 1861(f)(2)) is amended— the scope of tangible things sought to the seminated by the intelligence community; (1) in subparagraph (A)(i)— greatest extent reasonably practicable, con- ‘‘(C) the minimization procedures used by (A) by striking ‘‘that order’’ and inserting sistent with the purpose for seeking the tan- elements of the intelligence community ‘‘the production order or any nondisclosure gible things; and under such title and whether the minimiza- order imposed in connection with the pro- ‘‘(ii) does not include a term that does not tion procedures adequately protect the con- duction order’’; and narrowly limit the scope of the tangible stitutional rights of United States persons; (B) by striking the second sentence; and things sought to the greatest extent reason- and (2) in subparagraph (C)— ably practicable, consistent with the purpose ‘‘(D) any minimization procedures pro- (A) by striking clause (ii); and for seeking the tangible things, such as— posed by an element of the intelligence com- (B) by redesignating clause (iii) as clause ‘‘(I) a term based on a broad geographic re- munity under such title that were modified (ii). gion, including a city, State, zip code, or or denied by the court established under sec- SEC. 105. LIABILITY PROTECTION. area code, when not used as part of a specific tion 103(a) of such Act (50 U.S.C. 1803(a)). Section 501(e) (50 U.S.C. 1861(e)) is amended identifier as described in clause (i); or ‘‘(2) SUBMISSION DATE FOR ASSESSMENT.— to read as follows: ‘‘(II) a term identifying an electronic com- Not later than 180 days after the date on ‘‘(e)(1) No cause of action shall lie in any munication service provider (as that term is which the Inspector General of the Depart- court against a person who— defined in section 701) or a provider of re- ment of Justice submits the report required ‘‘(A) produces tangible things or provides mote computing service (as that term is de- under subsection (c)(3), the Inspector Gen- information, facilities, or technical assist- fined in section 2711 of title 18, United States eral of the Intelligence Community shall ance in accordance with an order issued or Code), when not used as part of a specific submit to the Committee on the Judiciary an emergency production required under this identifier as described in clause (i), unless and the Select Committee on Intelligence of section; or the provider is itself a subject of an author- the Senate and the Committee on the Judici- ‘‘(B) otherwise provides technical assist- ized investigation for which the specific se- ary and the Permanent Select Committee on ance to the Government under this section lection term is used as the basis of produc- Intelligence of the House of Representatives or to implement the amendments made to tion. a report containing the results of the assess- this section by the USA FREEDOM Act of ‘‘(B) CALL DETAIL RECORD APPLICATIONS.— ment for calendar years 2012 through 2014.’’; 2014. For purposes of an application submitted (5) in subsection (e), as redesignated by ‘‘(2) A production or provision of informa- under subsection (b)(2)(C), the term ‘specific paragraph (3)— tion, facilities, or technical assistance de- selection term’ means a term that specifi- (A) in paragraph (1)— scribed in paragraph (1) shall not be deemed cally identifies an individual, account, or (i) by striking ‘‘a report under subsection to constitute a waiver of any privilege in any personal device.’’. (c)(1) or (c)(2)’’ and inserting ‘‘any report other proceeding or context.’’. SEC. 108. INSPECTOR GENERAL REPORTS ON under subsection (c) or (d)’’; and SEC. 106. COMPENSATION FOR ASSISTANCE. BUSINESS RECORDS ORDERS. (ii) by striking ‘‘Inspector General of the Section 501 (50 U.S.C. 1861), as amended by Section 106A of the USA PATRIOT Im- Department of Justice’’ and inserting ‘‘In- section 102 of this Act, is further amended by provement and Reauthorization Act of 2005 spector General of the Department of Jus- adding at the end the following new sub- (Public Law 109–177; 120 Stat. 200) is amend- tice, the Inspector General of the Intel- section: ed— ligence Community, and any Inspector Gen- ‘‘(j) COMPENSATION.—The Government shall (1) in subsection (b)— eral of an element of the intelligence com- compensate a person for reasonable expenses (A) in paragraph (1), by inserting ‘‘and cal- munity that prepares a report to assist the incurred for— endar years 2012 through 2014’’ after ‘‘2006’’; Inspector General of the Department of Jus- ‘‘(1) producing tangible things or providing (B) by striking paragraphs (2) and (3); tice or the Inspector General of the Intel- information, facilities, or assistance in ac- (C) by redesignating paragraphs (4) and (5) ligence Community in complying with the cordance with an order issued with respect as paragraphs (2) and (3), respectively; and requirements of this section’’; and to an application described in subsection (D) in paragraph (3) (as so redesignated)— (B) in paragraph (2), by striking ‘‘the re- (b)(2)(C) or an emergency production under (i) by striking subparagraph (C) and insert- ports submitted under subsections (c)(1) and subsection (i) that, to comply with sub- ing the following new subparagraph: (c)(2)’’ and inserting ‘‘any report submitted section (i)(1)(D), requires an application de- ‘‘(C) with respect to calendar years 2012 under subsection (c) or (d)’’; scribed in subsection (b)(2)(C); or through 2014, an examination of the mini- (6) in subsection (f), as redesignated by ‘‘(2) otherwise providing technical assist- mization procedures used in relation to or- paragraph (3)— ance to the Government under this section ders under section 501 of the Foreign Intel- (A) by striking ‘‘The reports submitted or to implement the amendments made to ligence Surveillance Act of 1978 (50 U.S.C. under subsections (c)(1) and (c)(2)’’ and in- this section by the USA FREEDOM Act of 1861) and whether the minimization proce- serting ‘‘Each report submitted under sub- 2014.’’. dures adequately protect the constitutional section (c)’’; and SEC. 107. DEFINITIONS. rights of United States persons;’’; and (B) by striking ‘‘subsection (d)(2)’’ and in- Section 501 (50 U.S.C. 1861), as amended by (ii) in subparagraph (D), by striking ‘‘(as serting ‘‘subsection (e)(2)’’; and section 106 of this Act, is further amended by such term is defined in section 3(4) of the Na- (7) by adding at the end the following new adding at the end the following new sub- tional Security Act of 1947 (50 U.S.C. subsection: section: 401a(4)))’’; ‘‘(g) DEFINITIONS.—In this section: ‘‘(k) DEFINITIONS.—In this section: (2) in subsection (c), by adding at the end ‘‘(1) INTELLIGENCE COMMUNITY.—The term ‘‘(1) ADDRESS.—The term ‘address’ means a the following new paragraph: ‘intelligence community’ has the meaning physical address or electronic address, such ‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.— given that term in section 3 of the National as an electronic mail address, temporarily Not later than December 31, 2015, the Inspec- Security Act of 1947 (50 U.S.C. 3003). assigned network address, or Internet pro- tor General of the Department of Justice ‘‘(2) UNITED STATES PERSON.—The term tocol address. shall submit to the Committee on the Judici- ‘United States person’ has the meaning given ‘‘(2) CALL DETAIL RECORD.—The term ‘call ary and the Select Committee on Intel- that term in section 101 of the Foreign Intel- detail record’— ligence of the Senate and the Committee on ligence Surveillance Act of 1978 (50 U.S.C. ‘‘(A) means session identifying information the Judiciary and the Permanent Select 1801).’’. (including an originating or terminating Committee on Intelligence of the House of SEC. 109. EFFECTIVE DATE. telephone number, an International Mobile Representatives a report containing the re- Subscriber Identity number, or an Inter- sults of the audit conducted under sub- (a) IN GENERAL.—The amendments made by national Mobile Station Equipment Identity section (a) for calendar years 2012 through sections 101 through 103 shall take effect on number), a telephone calling card number, or 2014.’’; the date that is 180 days after the date of the the time or duration of a call; and (3) by redesignating subsections (d) and (e) enactment of this Act. ‘‘(B) does not include— as subsections (e) and (f), respectively; (b) RULE OF CONSTRUCTION.—Nothing in ‘‘(i) the contents (as defined in section (4) by inserting after subsection (c) the fol- this Act shall be construed to alter or elimi- 2510(8) of title 18, United States Code) of any lowing new subsection: nate the authority of the Government to ob- communication; ‘‘(d) INTELLIGENCE ASSESSMENT.— tain an order under title V of the Foreign In- ‘‘(ii) the name, address, or financial infor- ‘‘(1) IN GENERAL.—For the period beginning telligence Surveillance Act of 1978 (50 U.S.C. mation of a subscriber or customer; or on January 1, 2012, and ending on December 1861 et seq.) as in effect prior to the effective ‘‘(iii) cell site location information. 31, 2014, the Inspector General of the Intel- date described in subsection (a) during the ‘‘(3) SPECIFIC SELECTION TERM.— ligence Community shall assess— period ending on such effective date.

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RULE OF CONSTRUCTION. collection, retention, and use of information communications, or any other relevant area Nothing in this Act shall be construed to concerning United States persons. of expertise and who are determined to be el- authorize the production of the contents (as ‘‘(2) RULE OF CONSTRUCTION.—Nothing in igible for access to classified information such term is defined in section 2510(8) of title this subsection shall be construed to limit necessary to participate in matters before 18, United States Code) of any electronic the authority of the court established under the courts. communication from an electronic commu- section 103(a) or of the Attorney General to ‘‘(2) AUTHORIZATION.—A court established nication service provider (as such term is de- impose additional privacy or minimization under subsection (a) or (b), consistent with fined in section 701(b)(4) of the Foreign Intel- procedures with regard to the installation or the requirement of subsection (c) and any ligence Surveillance Act of 1978 (50 U.S.C. use of a pen register or trap and trace device. other statutory requirement that the court 1881(b)(4)) under title V of the Foreign Intel- ‘‘(3) COMPLIANCE ASSESSMENT.—At or before act expeditiously or within a stated time— ligence Surveillance Act of 1978 (50 U.S.C. the end of the period of time for which the ‘‘(A) shall designate a special advocate to 1861 et seq.). installation and use of a pen register or trap serve as amicus curiae to assist such court in TITLE II—FISA PEN REGISTER AND TRAP and trace device is approved under an order the consideration of any certification pursu- AND TRACE DEVICE REFORM or an extension under this section, the judge ant to subsection (j) or any application for SEC. 201. PROHIBITION ON BULK COLLECTION. may assess compliance with the privacy pro- an order or review that, in the opinion of the (a) PROHIBITION.—Section 402(c) (50 U.S.C. cedures required by this subsection by re- court, presents a novel or significant inter- 1842(c)) is amended— viewing the circumstances under which in- pretation of the law, unless the court issues (1) in paragraph (1), by striking ‘‘; and’’ and formation concerning United States persons a written finding that such appointment is inserting a semicolon; was collected, retained, or disseminated.’’. not appropriate; and (2) in paragraph (2)— (b) EMERGENCY AUTHORITY.—Section 403 (50 ‘‘(B) may designate or allow an individual (A) by striking ‘‘a certification by the ap- U.S.C. 1843) is amended by adding at the end or organization to serve as amicus curiae or plicant’’ and inserting ‘‘a statement of the the following new subsection: to provide technical expertise in any other ‘‘(d) PRIVACY PROCEDURES.—Information facts and circumstances relied upon by the instance as such court deems appropriate. collected through the use of a pen register or applicant to justify the belief of the appli- ‘‘(3) RULE OF CONSTRUCTION.—An applica- trap and trace device installed under this cant’’; and tion for an order or review shall be consid- section shall be subject to the policies and (B) by striking the period and inserting ‘‘; ered to present a novel or significant inter- procedures required under section 402(h).’’. and’’; and pretation of the law if such application in- (3) by adding at the end the following new TITLE III—FISA ACQUISITIONS TAR- volves application of settled law to novel paragraph: GETING PERSONS OUTSIDE THE UNITED technologies or circumstances, or any other ‘‘(3) a specific selection term to be used as STATES REFORMS novel or significant construction or interpre- the basis for the installation or use of the SEC. 301. LIMITS ON USE OF UNLAWFULLY OB- tation of any provision of law or of the Con- pen register or trap and trace device.’’. TAINED INFORMATION. stitution of the United States, including any (b) DEFINITION.—Section 401 (50 U.S.C. 1841) Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is novel and significant interpretation of the is amended by adding at the end the fol- amended by adding at the end the following term ‘specific selection term’. lowing new paragraph: new subparagraph: ‘‘(4) DUTIES.— ‘‘(4)(A) The term ‘specific selection term’— ‘‘(D) LIMITATION ON USE OF INFORMATION.— ‘‘(A) IN GENERAL.—If a court established ‘‘(i) means a term that specifically identi- ‘‘(i) IN GENERAL.—Except as provided in under subsection (a) or (b) designates a spe- fies a person, account, address, or personal clause (ii), if the Court orders a correction of cial advocate to participate as an amicus cu- device, or another specific identifier, that is a deficiency in a certification or procedures riae in a proceeding, the special advocate— used by the Government to narrowly limit under subparagraph (B), no information ob- ‘‘(i) shall advocate, as appropriate, in sup- the scope of information sought to the great- tained or evidence derived pursuant to the port of legal interpretations that advance in- est extent reasonably practicable, consistent part of the certification or procedures that dividual privacy and civil liberties; with the purpose for the installation or use has been identified by the Court as deficient ‘‘(ii) shall have access to all relevant legal of the pen register or trap and trace device; concerning any United States person shall be precedent, and any application, certification, and received in evidence or otherwise disclosed petition, motion, or such other materials as ‘‘(ii) does not include a term that does not in any trial, hearing, or other proceeding in are relevant to the duties of the special ad- narrowly limit the scope of information or before any court, grand jury, department, vocate; sought to the greatest extent reasonably office, agency, regulatory body, legislative ‘‘(iii) may consult with any other special practicable, consistent with the purpose for committee, or other authority of the United advocates regarding information relevant to the installation or use of the pen register or States, a State, or political subdivision any assigned case, including sharing relevant trap and trace device, such as— thereof, and no information concerning any materials; and ‘‘(I) a term based on a broad geographic re- United States person acquired pursuant to ‘‘(iv) may request that the court appoint gion, including a city, State, zip code, or such part of such certification or procedures technical and subject matter experts, not area code, when not used as part of a specific shall subsequently be used or disclosed in employed by the Government, to be avail- identifier as described in clause (i); or any other manner by Federal officers or em- able to assist the special advocate in per- ‘‘(II) a term identifying an electronic com- ployees without the consent of the United forming the duties of the special advocate. munication service provider (as defined in States person, except with the approval of ‘‘(B) BRIEFINGS OR ACCESS TO MATERIALS.— section 701) or a provider of remote com- the Attorney General if the information in- The Attorney General shall periodically puting service (as that term is defined in sec- dicates a threat of death or serious bodily brief or provide relevant materials to special tion 2711 of title 18, United States Code), harm to any person. advocates regarding constructions and inter- when not used as part of a specific identifier ‘‘(ii) EXCEPTION.—If the Government cor- pretations of this Act and legal, techno- as described in clause (i), unless the provider rects any deficiency identified by the order logical and other issues related to actions is itself a subject of an authorized investiga- of the Court under subparagraph (B), the authorized by this Act. tion for which the specific selection term is Court may permit the use or disclosure of in- ‘‘(C) ACCESS TO CLASSIFIED INFORMATION.— used as the basis for the installation or use formation obtained before the date of the ‘‘(i) IN GENERAL.—A special advocate, ex- of the pen register or trap and trace device. correction under such minimization proce- perts appointed to assist a special advocate, ‘‘(B) For purposes of subparagraph (A), the dures as the Court shall establish for pur- or any other amicus or technical expert ap- term ‘address’ means a physical address or poses of this clause.’’. pointed by the court may have access to electronic address, such as an electronic TITLE IV—FOREIGN INTELLIGENCE classified documents, information, and other mail address, temporarily assigned network SURVEILLANCE COURT REFORMS materials or proceedings only if that indi- address, or Internet protocol address.’’. SEC. 401. APPOINTMENT OF AMICUS CURIAE. vidual is eligible for access to classified in- SEC. 202. PRIVACY PROCEDURES. Section 103 (50 U.S.C. 1803) is amended by formation and to the extent consistent with (a) IN GENERAL.—Section 402 (50 U.S.C. adding at the end the following new sub- the national security of the United States. 1842) is amended by adding at the end the fol- section: ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in lowing new subsection: ‘‘(i) AMICUS CURIAE.— this section shall be construed to require the ‘‘(h) PRIVACY PROCEDURES.— ‘‘(1) APPOINTMENT OF SPECIAL ADVOCATES.— Government to provide information to a spe- ‘‘(1) IN GENERAL.—The Attorney General In consultation with the Privacy and Civil cial advocate, other amicus, or technical ex- shall ensure that appropriate policies and Liberties Oversight Board, the presiding pert that is privileged from disclosure. procedures are in place to safeguard nonpub- judges of the courts established under sub- ‘‘(5) NOTIFICATION.—The presiding judges of licly available information concerning sections (a) and (b) shall, not later than 180 the courts established under subsections (a) United States persons that is collected days after the enactment of this subsection, and (b) shall notify the Attorney General of through the use of a pen register or trap and jointly appoint not fewer than 5 attorneys to each exercise of the authority to appoint an trace device installed under this section. serve as special advocates, who shall serve individual to serve as amicus curiae under Such policies and procedures shall, to the pursuant to rules the presiding judges may paragraph (1). maximum extent practicable and consistent establish. Such individuals shall be persons ‘‘(6) ASSISTANCE.—A court established with the need to protect national security, who possess expertise in privacy and civil under subsection (a) or (b) may request and include privacy protections that apply to the liberties, intelligence collection, tele- receive (including on a non-reimbursable

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5059 basis) the assistance of the executive branch lance Court or the Foreign Intelligence Sur- (1) in subsection (a), by striking ‘‘that in- in the implementation of this subsection. veillance Court of Review (as defined in sec- formation,’’ and inserting ‘‘that information ‘‘(7) ADMINISTRATION.—A court established tion 601(e)) that includes a significant con- that includes a term that specifically identi- under subsection (a) or (b) may provide for struction or interpretation of law, including fies a consumer or account to be used as the the designation, appointment, removal, any novel or significant construction or in- basis for the production of that informa- training, or other support for an individual terpretation of the term ‘specific selection tion,’’; appointed to serve as a special advocate term’, and, consistent with that review, (2) in subsection (b), by striking ‘‘written under paragraph (1) in a manner that is not make publicly available to the greatest ex- request,’’ and inserting ‘‘written request inconsistent with this subsection. tent practicable each such decision, order, or that includes a term that specifically identi- ‘‘(j) REVIEW OF FISA COURT DECISIONS.— opinion. fies a consumer or account to be used as the After issuing an order, a court established ‘‘(b) REDACTED FORM.—The Director of Na- basis for the production of that informa- under subsection (a) shall certify for review tional Intelligence, in consultation with the tion,’’; and to the court established under subsection (b) Attorney General, may satisfy the require- (3) in subsection (c), by inserting ‘‘, which any question of law that the court deter- ment under subsection (a) to make a deci- shall include a term that specifically identi- mines warrants such review because of a sion, order, or opinion described in such sub- fies a consumer or account to be used as the need for uniformity or because consideration section publicly available to the greatest ex- basis for the production of the information,’’ by the court established under subsection (b) tent practicable by making such decision, after ‘‘issue an order ex parte’’. order, or opinion publicly available in re- would serve the interests of justice. Upon (d) DISCLOSURES TO GOVERNMENTAL AGEN- dacted form. certification of a question of law under this CIES FOR COUNTERTERRORISM PURPOSES OF ‘‘(c) NATIONAL SECURITY WAIVER.—The Di- paragraph, the court established under sub- CONSUMER REPORTS.—Section 627(a) of the section (b) may give binding instructions or rector of National Intelligence, in consulta- tion with the Attorney General, may waive Fair Credit Reporting Act (15 U.S.C. 1681v(a)) require the entire record to be sent up for de- is amended by striking ‘‘analysis.’’ and in- cision of the entire matter in controversy. the requirement to declassify and make pub- licly available a particular decision, order, serting ‘‘analysis and that includes a term ‘‘(k) REVIEW OF FISA COURT OF REVIEW DE- that specifically identifies a consumer or ac- CISIONS.— or opinion under subsection (a) if— ‘‘(1) the Director of National Intelligence, count to be used as the basis for the produc- ‘‘(1) CERTIFICATION.—For any decision tion of such information.’’. issued by the court of review established in consultation with the Attorney General, under subsection (b) approving, in whole or determines that a waiver of such require- SEC. 502. LIMITATIONS ON DISCLOSURE OF NA- in part, an application by the Government ment is necessary to protect the national se- TIONAL SECURITY LETTERS. under this Act, such court may certify at curity of the United States or properly clas- (a) COUNTERINTELLIGENCE ACCESS TO TELE- any time, including after a decision, a ques- sified intelligence sources or methods; and PHONE TOLL AND TRANSACTIONAL RECORDS.— tion of law to be reviewed by the Supreme ‘‘(2) the Director of National Intelligence Section 2709 of title 18, United States Code, Court of the United States. makes publicly available an unclassified is amended by striking subsection (c) and in- ‘‘(2) SPECIAL ADVOCATE BRIEFING.—Upon statement prepared by the Attorney General, serting the following new subsection: in consultation with the Director of National certification of an application under para- ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— graph (1), the court of review established Intelligence— ‘‘(A) summarizing the significant construc- ‘‘(1) PROHIBITION.— under subsection (b) may designate a special ‘‘(A) IN GENERAL.—If a certification is advocate to provide briefing as prescribed by tion or interpretation of law, which shall in- clude, to the extent consistent with national issued under subparagraph (B) and notice of the Supreme Court. the right to judicial review under subsection ‘‘(3) REVIEW.—The Supreme Court may re- security, each legal question addressed by the decision and how such question was re- (d) is provided, no wire or electronic commu- view any question of law certified under nication service provider that receives a re- paragraph (1) by the court of review estab- solved, in general terms the context in which the matter arises, and a description of the quest under subsection (b), or officer, em- lished under subsection (b) in the same man- ployee, or agent thereof, shall disclose to ner as the Supreme Court reviews questions construction or interpretation of any stat- ute, constitutional provision, or other legal any person that the Federal Bureau of Inves- certified under section 1254(2) of title 28, tigation has sought or obtained access to in- United States Code. authority relied on by the decision; and ‘‘(B) that specifies that the statement has formation or records under this section. ‘‘(l) PAYMENT FOR SERVICE AS SPECIAL AD- ‘‘(B) CERTIFICATION.—The requirements of VOCATE.—A special advocate designated in a been prepared by the Attorney General and constitutes no part of the opinion of the For- subparagraph (A) shall apply if the Director proceeding pursuant to subsection (i)(2)(A) of of the Federal Bureau of Investigation, or a this section may seek, at the conclusion of eign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of designee of the Director whose rank shall be the proceeding in which the special advocate no lower than Deputy Assistant Director at was designated, compensation for services Review.’’. (b) TABLE OF CONTENTS AMENDMENTS.—The Bureau headquarters or a Special Agent in provided pursuant to the designation. A spe- Charge of a Bureau field office, certifies that cial advocate seeking compensation shall be table of contents in the first section is amended— the absence of a prohibition of disclosure compensated in an amount reflecting fair under this subsection may result in— compensation for the services provided, as (1) by striking the item relating to title VI and inserting the following new item: ‘‘(i) a danger to the national security of determined by the court designating the spe- the United States; ‘‘TITLE VI—OVERSIGHT’’; cial advocate and approved by the presiding ‘‘(ii) interference with a criminal, counter- judges of the courts established under sub- and terrorism, or counterintelligence investiga- sections (a) and (b). (2) by inserting after the item relating to tion; ‘‘(m) APPROPRIATIONS.—There are author- section 601 the following new item: ‘‘(iii) interference with diplomatic rela- ized to be appropriated to the United States ‘‘Sec. 602. Declassification of significant de- tions; or courts such sums as may be necessary to cisions, orders, and opinions.’’. ‘‘(iv) danger to the life or physical safety carry out the provisions of this section. TITLE V—NATIONAL SECURITY LETTER of any person. When so specified in appropriation acts, such REFORM ‘‘(2) EXCEPTION.— appropriations shall remain available until SEC. 501. PROHIBITION ON BULK COLLECTION. ‘‘(A) IN GENERAL.—A wire or electronic expended. Payments from such appropria- (a) COUNTERINTELLIGENCE ACCESS TO TELE- communication service provider that re- tions shall be made under the supervision of PHONE TOLL AND TRANSACTIONAL RECORDS.— ceives a request under subsection (b), or offi- the Director of the Administrative Office of Section 2709(b) of title 18, United States cer, employee, or agent thereof, may disclose the United States Courts.’’. Code, is amended in the matter preceding information otherwise subject to any appli- SEC. 402. DECLASSIFICATION OF DECISIONS, OR- paragraph (1) by striking ‘‘may’’ and insert- cable nondisclosure requirement to— DERS, AND OPINIONS. ing ‘‘may, using a term that specifically ‘‘(i) those persons to whom disclosure is (a) DECLASSIFICATION.—Title VI (50 U.S.C. identifies a person, entity, telephone num- necessary in order to comply with the re- 1871 et seq.) is amended— ber, or account as the basis for a request’’. quest; (1) in the heading, by striking ‘‘REPORT- (b) ACCESS TO FINANCIAL RECORDS FOR CER- ‘‘(ii) an attorney in order to obtain legal ING REQUIREMENT’’ and inserting ‘‘OVER- TAIN INTELLIGENCE AND PROTECTIVE PUR- advice or assistance regarding the request; SIGHT’’; and POSES.—Section 1114(a)(2) of the Right to Fi- or (2) by adding at the end the following new nancial Privacy Act of 1978 (12 U.S.C. ‘‘(iii) other persons as permitted by the Di- section: 3414(a)(2)) is amended by striking the period rector of the Federal Bureau of Investigation ‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT and inserting ‘‘and a term that specifically or the designee of the Director. DECISIONS, ORDERS, AND OPINIONS. identifies a customer, entity, or account to ‘‘(B) APPLICATION.—A person to whom dis- ‘‘(a) DECLASSIFICATION REQUIRED.—Subject be used as the basis for the production and closure is made under subparagraph (A) shall to subsection (b), the Director of National disclosure of financial records.’’. be subject to the nondisclosure requirements Intelligence, in consultation with the Attor- (c) DISCLOSURES TO FBI OF CERTAIN CON- applicable to a person to whom a request is ney General, shall conduct a declassification SUMER RECORDS FOR COUNTERINTELLIGENCE issued under subsection (b) in the same man- review of each decision, order, or opinion PURPOSES.—Section 626 of the Fair Credit ner as the person to whom the request is issued by the Foreign Intelligence Surveil- Reporting Act (15 U.S.C. 1681u) is amended— issued.

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‘‘(C) NOTICE.—Any recipient that discloses the absence of a prohibition of disclosure reau of Investigation shall no longer be re- to a person described in subparagraph (A) in- under this subsection may result in— quired to conduct the annual review of the formation otherwise subject to a nondisclo- ‘‘(i) a danger to the national security of facts supporting the nondisclosure require- sure requirement shall notify the person of the United States; ment under subparagraph (A).’’. the applicable nondisclosure requirement. ‘‘(ii) interference with a criminal, counter- (c) IDENTITY OF FINANCIAL INSTITUTIONS ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- terrorism, or counterintelligence investiga- AND CREDIT REPORTS.—Section 626 of the ENTS.—At the request of the Director of the tion; Fair Credit Reporting Act (15 U.S.C. 1681u) is Federal Bureau of Investigation or the des- ‘‘(iii) interference with diplomatic rela- amended by striking subsection (d) and in- ignee of the Director, any person making or tions; or serting the following new subsection: intending to make a disclosure under clause ‘‘(iv) danger to the life or physical safety ‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— of any person. (i) or (iii) of subparagraph (A) shall identify ‘‘(1) PROHIBITION.— ‘‘(2) EXCEPTION.— to the Director or such designee the person ‘‘(A) IN GENERAL.—If a certification is to whom such disclosure will be made or to ‘‘(A) IN GENERAL.—A financial institution issued under subparagraph (B) and notice of whom such disclosure was made prior to the that receives a request under subsection (a), the right to judicial review under subsection request. or officer, employee, or agent thereof, may (e) is provided, no consumer reporting agen- disclose information otherwise subject to ‘‘(3) TERMINATION.— cy that receives a request under subsection any applicable nondisclosure requirement ‘‘(A) IN GENERAL.—In the case of any re- (a) or (b) or an order under subsection (c), or to— quest under subsection (b) for which a recipi- officer, employee, or agent thereof, shall dis- ‘‘(i) those persons to whom disclosure is ent has submitted a notification to the Gov- close or specify in any consumer report, that necessary in order to comply with the re- ernment under section 3511(b)(1)(A) or filed a the Federal Bureau of Investigation has quest; petition for judicial review under subsection sought or obtained access to information or ‘‘(ii) an attorney in order to obtain legal (d)— records under subsection (a), (b), or (c). advice or assistance regarding the request; ‘‘(i) an appropriate official of the Federal ‘‘(B) CERTIFICATION.—The requirements of or Bureau of Investigation shall, until termi- subparagraph (A) shall apply if the Director ‘‘(iii) other persons as permitted by the Di- nation of the nondisclosure requirement, re- of the Federal Bureau of Investigation, or a view the facts supporting a nondisclosure re- rector of the Federal Bureau of Investigation or the designee of the Director. designee of the Director whose rank shall be quirement annually and upon closure of the no lower than Deputy Assistant Director at ‘‘(B) APPLICATION.—A person to whom dis- investigation; and Bureau headquarters or a Special Agent in ‘‘(ii) if, upon a review under clause (i), the closure is made under subparagraph (A) shall be subject to the nondisclosure requirements Charge of a Bureau field office, certifies that facts no longer support the nondisclosure re- the absence of a prohibition of disclosure quirement, an appropriate official of the applicable to a person to whom a request is issued under subsection (a) in the same man- under this subsection may result in— Federal Bureau of Investigation shall ‘‘(i) a danger to the national security of promptly notify the wire or electronic serv- ner as the person to whom the request is issued. the United States; ice provider, or officer, employee, or agent ‘‘(ii) interference with a criminal, counter- thereof, subject to the nondisclosure require- ‘‘(C) NOTICE.—Any recipient that discloses to a person described in subparagraph (A) in- terrorism, or counterintelligence investiga- ment, and the court as appropriate, that the formation otherwise subject to a nondisclo- tion; nondisclosure requirement is no longer in ef- sure requirement shall inform the person of ‘‘(iii) interference with diplomatic rela- fect. the applicable nondisclosure requirement. tions; or ‘‘(B) CLOSURE OF INVESTIGATION.—Upon clo- ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- ‘‘(iv) danger to the life or physical safety sure of the investigation— ENTS.—At the request of the Director of the of any person. ‘‘(i) the Federal Bureau of Investigation Federal Bureau of Investigation or the des- ‘‘(2) EXCEPTION.— may petition the court before which a notifi- ignee of the Director, any person making or ‘‘(A) IN GENERAL.—A consumer reporting cation or petition for judicial review under intending to make a disclosure under clause agency that receives a request under sub- subsection (d) has been filed for a determina- (i) or (iii) of subparagraph (A) shall identify section (a) or (b) or an order under sub- tion that disclosure may result in the harm to the Director or such designee the person section (c), or officer, employee, or agent described in clause (i), (ii), (iii), or (iv) of to whom such disclosure will be made or to thereof, may disclose information otherwise paragraph (1)(B), if it notifies the recipient whom such disclosure was made prior to the subject to any applicable nondisclosure re- of such petition; request. quirement to— ‘‘(ii) the court shall review such a petition ‘‘(3) TERMINATION.— ‘‘(i) those persons to whom disclosure is pursuant to the procedures under section ‘‘(A) IN GENERAL.—In the case of any re- necessary in order to comply with the re- 3511; and quest under subsection (a) for which a recipi- quest; ‘‘(iii) if the court determines that there is ent has submitted a notification to the Gov- ‘‘(ii) an attorney in order to obtain legal reason to believe that disclosure may result ernment under section 3511(b)(1)(A) of title advice or assistance regarding the request; in the harm described in clause (i), (ii), (iii), 18, United States Code, or filed a petition for or or (iv) of paragraph (1)(B), the Federal Bu- judicial review under subsection (d)— ‘‘(iii) other persons as permitted by the Di- reau of Investigation shall no longer be re- ‘‘(i) an appropriate official of the Federal rector of the Federal Bureau of Investigation quired to conduct the annual review of the Bureau of Investigation shall, until termi- or the designee of the Director. facts supporting the nondisclosure require- nation of the nondisclosure requirement, re- ‘‘(B) APPLICATION.—A person to whom dis- ment under subparagraph (A).’’. view the facts supporting a nondisclosure re- closure is made under subparagraph (A) shall (b) ACCESS TO FINANCIAL RECORDS FOR CER- quirement annually and upon closure of the be subject to the nondisclosure requirements TAIN INTELLIGENCE AND PROTECTIVE PUR- investigation; and applicable to a person to whom a request POSES.—Section 1114 of the Right to Finan- ‘‘(ii) if, upon a review under clause (i), the under subsection (a) or (b) or an order under cial Privacy Act of 1978 (12 U.S.C. 3414) is facts no longer support the nondisclosure re- subsection (c) is issued in the same manner amended— quirement, an appropriate official of the as the person to whom the request is issued. (1) in subsection (a)(5), by striking sub- Federal Bureau of Investigation shall ‘‘(C) NOTICE.—Any recipient that discloses paragraph (D); and promptly notify the financial institution, or to a person described in subparagraph (A) in- (2) by inserting after subsection (b) the fol- officer, employee, or agent thereof, subject formation otherwise subject to a nondisclo- lowing new subsection: to the nondisclosure requirement, and the sure requirement shall inform the person of ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— court as appropriate, that the nondisclosure the applicable nondisclosure requirement. ‘‘(1) PROHIBITION.— requirement is no longer in effect. ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- ‘‘(A) IN GENERAL.—If a certification is ‘‘(B) CLOSURE OF INVESTIGATION.—Upon clo- ENTS.—At the request of the Director of the issued under subparagraph (B) and notice of sure of the investigation— Federal Bureau of Investigation or the des- the right to judicial review under subsection ‘‘(i) the Federal Bureau of Investigation ignee of the Director, any person making or (d) is provided, no financial institution that may petition the court before which a notifi- intending to make a disclosure under clause receives a request under subsection (a), or of- cation or petition for judicial review under (i) or (iii) of subparagraph (A) shall identify ficer, employee, or agent thereof, shall dis- subsection (d) has been filed for a determina- to the Director or such designee the person close to any person that the Federal Bureau tion that disclosure may result in the harm to whom such disclosure will be made or to of Investigation has sought or obtained ac- described in clause (i), (ii), (iii), or (iv) of whom such disclosure was made prior to the cess to information or records under sub- paragraph (1)(B), if it notifies the recipient request. section (a). of such petition; ‘‘(3) TERMINATION.— ‘‘(B) CERTIFICATION.—The requirements of ‘‘(ii) the court shall review such a petition ‘‘(A) IN GENERAL.—In the case of any re- subparagraph (A) shall apply if the Director pursuant to the procedures under section quest under subsection (a) or (b) or order of the Federal Bureau of Investigation, or a 3511 of title 18, United States Code; and under subsection (c) for which a recipient designee of the Director whose rank shall be ‘‘(iii) if the court determines that there is has submitted a notification to the Govern- no lower than Deputy Assistant Director at reason to believe that disclosure may result ment under section 3511(b)(1)(A) of title 18, Bureau headquarters or a Special Agent in in the harm described in clause (i), (ii), (iii), United States Code, or filed a petition for ju- Charge of a Bureau field office, certifies that or (iv) of paragraph (1)(B), the Federal Bu- dicial review under subsection (e)—

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5061 ‘‘(i) an appropriate official of the Federal under subsection (a) is issued in the same ‘‘(ii) interference with a criminal, counter- Bureau of Investigation shall, until termi- manner as the person to whom the request is terrorism, or counterintelligence investiga- nation of the nondisclosure requirement, re- issued. tion; view the facts supporting a nondisclosure re- ‘‘(C) NOTICE.—Any recipient that discloses ‘‘(iii) interference with diplomatic rela- quirement annually and upon closure of the to a person described in subparagraph (A) in- tions; or investigation; and formation otherwise subject to a nondisclo- ‘‘(iv) danger to the life or physical safety ‘‘(ii) if, upon a review under clause (i), the sure requirement shall inform the person of of any person. facts no longer support the nondisclosure re- the applicable nondisclosure requirement. ‘‘(2) EXCEPTION.— quirement, an appropriate official of the ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- ‘‘(A) IN GENERAL.—A governmental or pri- Federal Bureau of Investigation shall ENTS.—At the request of the head of the gov- vate entity that receives a request under promptly notify the consumer reporting ernment agency described in subsection (a) subsection (a), or officer, employee, or agent agency, or officer, employee, or agent there- or a designee, any person making or intend- thereof, may disclose information otherwise of, subject to the nondisclosure requirement, ing to make a disclosure under clause (i) or subject to any applicable nondisclosure re- and the court as appropriate, that the non- (iii) of subparagraph (A) shall identify to the quirement to— disclosure requirement is no longer in effect. head or such designee the person to whom ‘‘(i) those persons to whom disclosure is ‘‘(B) CLOSURE OF INVESTIGATION.—Upon clo- such disclosure will be made or to whom necessary in order to comply with the re- sure of the investigation— such disclosure was made prior to the re- quest; ‘‘(i) the Federal Bureau of Investigation quest. ‘‘(ii) an attorney in order to obtain legal may petition the court before which a notifi- ‘‘(3) TERMINATION.— advice or assistance regarding the request; cation or petition for judicial review under ‘‘(A) IN GENERAL.—In the case of any re- or subsection (e) has been filed for a determina- quest under subsection (a) for which a recipi- ‘‘(iii) other persons as permitted by the tion that disclosure may result in the harm ent has submitted a notification to the Gov- head of the authorized investigative agency described in clause (i), (ii), (iii), or (iv) of ernment under section 3511(b)(1)(A) of title described in subsection (a) or a designee. paragraph (1)(B), if it notifies the recipient 18, United States Code, or filed a petition for ‘‘(B) APPLICATION.—A person to whom dis- of such petition; judicial review under subsection (d)— closure is made under subparagraph (A) shall ‘‘(ii) the court shall review such a petition ‘‘(i) an appropriate official of the agency be subject to the nondisclosure requirements pursuant to the procedures under section described in subsection (a) shall, until termi- 3511 of title 18, United States Code; and applicable to a person to whom a request is nation of the nondisclosure requirement, re- issued under subsection (a) in the same man- ‘‘(iii) if the court determines that there is view the facts supporting a nondisclosure re- reason to believe that disclosure may result ner as the person to whom the request is quirement annually and upon closure of the issued. in the harm described in clause (i), (ii), (iii), investigation; and or (iv) of paragraph (1)(B), the Federal Bu- ‘‘(C) NOTICE.—Any recipient that discloses ‘‘(ii) if, upon a review under clause (i), the to a person described in subparagraph (A) in- reau of Investigation shall no longer be re- facts no longer support the nondisclosure re- quired to conduct the annual review of the formation otherwise subject to a nondisclo- quirement, an appropriate official of the sure requirement shall inform the person of facts supporting the nondisclosure require- agency described in subsection (a) shall ment under subparagraph (A).’’. the applicable nondisclosure requirement. promptly notify the consumer reporting (d) CONSUMER REPORTS.—Section 627 of the ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- Fair Credit Reporting Act (15 U.S.C. 1681v) is agency, or officer, employee, or agent there- ENTS.—At the request of the head of an au- amended by striking subsection (c) and in- of, subject to the nondisclosure requirement, thorized investigative agency described in serting the following new subsection: and the court as appropriate, that the non- subsection (a), or a designee, any person ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— disclosure requirement is no longer in effect. making or intending to make a disclosure ‘‘(1) PROHIBITION.— ‘‘(B) CLOSURE OF INVESTIGATION.—Upon clo- under clause (i) or (iii) of subparagraph (A) ‘‘(A) IN GENERAL.—If a certification is sure of the investigation— shall identify to the head of the authorized issued under subparagraph (B) and notice of ‘‘(i) the agency described in subsection (a) investigative agency or such designee the the right to judicial review under subsection may petition the court before which a notifi- person to whom such disclosure will be made (d) is provided, no consumer reporting agen- cation or petition for judicial review under or to whom such disclosure was made prior cy that receives a request under subsection subsection (d) has been filed for a determina- to the request. (a), or officer, employee, or agent thereof, tion that disclosure may result in the harm ‘‘(3) TERMINATION.— shall disclose or specify in any consumer re- described in clause (i), (ii), (iii), or (iv) of ‘‘(A) IN GENERAL.—In the case of any re- port, that a government agency described in paragraph (1)(B), if it notifies the recipient quest for which a recipient has submitted a subsection (a) has sought or obtained access of such petition; notification to the Government under sec- to information or records under subsection ‘‘(ii) the court shall review such a petition tion 3511(b)(1)(A) of title 18, United States (a). pursuant to the procedures under section Code, or filed a petition for judicial review ‘‘(B) CERTIFICATION.—The requirements of 3511 of title 18, United States Code; and under subsection (c)— subparagraph (A) shall apply if the head of ‘‘(iii) if the court determines that there is ‘‘(i) an appropriate official of the author- the government agency described in sub- reason to believe that disclosure may result ized investigative agency making the re- section (a), or a designee, certifies that the in the harm described in clause (i), (ii), (iii), quest under subsection (a) shall, until termi- absence of a prohibition of disclosure under or (iv) of paragraph (1)(B), the agency de- nation of the nondisclosure requirement, re- this subsection may result in— scribed in subsection (1) shall no longer be view the facts supporting a nondisclosure re- ‘‘(i) a danger to the national security of required to conduct the annual review of the quirement annually and upon closure of the the United States; facts supporting the nondisclosure require- investigation; and ‘‘(ii) interference with a criminal, counter- ment under subparagraph (A).’’. ‘‘(ii) if, upon a review under clause (i), the terrorism, or counterintelligence investiga- (e) INVESTIGATIONS OF PERSONS WITH AC- facts no longer support the nondisclosure re- tion; CESS TO CLASSIFIED INFORMATION.—Section quirement, an appropriate official of the au- ‘‘(iii) interference with diplomatic rela- 802 of the National Security Act of 1947 (50 thorized investigative agency making the re- tions; or U.S.C. 3162) is amended by striking sub- quest under subsection (a) shall promptly no- ‘‘(iv) danger to the life or physical safety section (b) and inserting the following new tify the recipient of the request, or officer, of any person. subsection: employee, or agent thereof, subject to the ‘‘(2) EXCEPTION.— ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— nondisclosure requirement, and the court as ‘‘(A) IN GENERAL.—A consumer reporting ‘‘(1) PROHIBITION.— appropriate, that the nondisclosure require- agency that receives a request under sub- ‘‘(A) IN GENERAL.—If a certification is ment is no longer in effect. section (a), or officer, employee, or agent issued under subparagraph (B) and notice of ‘‘(B) CLOSURE OF INVESTIGATION.—Upon clo- thereof, may disclose information otherwise the right to judicial review under subsection sure of the investigation— subject to any applicable nondisclosure re- (c) is provided, no governmental or private ‘‘(i) the authorized investigative agency quirement to— entity that receives a request under sub- making the request under subsection (a) may ‘‘(i) those persons to whom disclosure is section (a), or officer, employee, or agent petition the court before which a notifica- necessary in order to comply with the re- thereof, shall disclose to any person that an tion or petition for judicial review under quest; authorized investigative agency described in subsection (c) has been filed for a determina- ‘‘(ii) an attorney in order to obtain legal subsection (a) has sought or obtained access tion that disclosure may result in the harm advice or assistance regarding the request; to information under subsection (a). described in clause (i), (ii), (iii), or (iv) of or ‘‘(B) CERTIFICATION.—The requirements of paragraph (1)(B), if it notifies the recipient ‘‘(iii) other persons as permitted by the subparagraph (A) shall apply if the head of of such petition; head of the government agency described in an authorized investigative agency described ‘‘(ii) the court shall review such a petition subsection (a) or a designee. in subsection (a), or a designee, certifies that pursuant to the procedures under section ‘‘(B) APPLICATION.—A person to whom dis- the absence of a prohibition of disclosure 3511 of title 18, United States Code; and closure is made under subparagraph (A) shall under this subsection may result in— ‘‘(iii) if the court determines that there is be subject to the nondisclosure requirements ‘‘(i) a danger to the national security of reason to believe that disclosure may result applicable to a person to whom a request the United States; in the harm described in clause (i), (ii), (iii),

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5062 CONGRESSIONAL RECORD — SENATE July 29, 2014 or (iv) of paragraph (1)(B), the authorized in- ‘‘(B) interference with a criminal, counter- 802 of the National Security Act of 1947 (50 vestigative agency shall no longer be re- terrorism, or counterintelligence investiga- U.S.C. 3162) is amended— quired to conduct the annual review of the tion; (1) by redesignating subsections (c) facts supporting the nondisclosure require- ‘‘(C) interference with diplomatic rela- through (f) as subsections (d) through (g), re- ment under subparagraph (A).’’. tions; or spectively; and (f) JUDICIAL REVIEW.—Section 3511 of title ‘‘(D) danger to the life or physical safety of (2) by inserting after subsection (b) the fol- 18, United States Code, is amended by strik- any person.’’. lowing new subsection: ing subsection (b) and inserting the following SEC. 503. JUDICIAL REVIEW. ‘‘(c) JUDICIAL REVIEW.— new subsection: (a) COUNTERINTELLIGENCE ACCESS TO TELE- ‘‘(1) IN GENERAL.—A request under sub- ‘‘(b) NONDISCLOSURE.— PHONE TOLL AND TRANSACTIONAL RECORDS.— section (a) or a nondisclosure requirement ‘‘(1) IN GENERAL.— Section 2709 of title 18, United States Code, imposed in connection with such request ‘‘(A) NOTICE.—If a recipient of a request or is amended— under subsection (b) shall be subject to judi- order for a report, records, or other informa- cial review under section 3511 of title 18, tion under section 2709 of this title, section (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respec- United States Code. 626 or 627 of the Fair Credit Reporting Act (15 ‘‘(2) NOTICE.—A request under subsection U.S.C. 1681u and 1681v), section 1114 of the tively; and (2) by inserting after subsection (c) the fol- (a) shall include notice of the availability of Right to Financial Privacy Act of 1978 (12 judicial review described in paragraph (1).’’. U.S.C. 3414), or section 802 of the National lowing new subsection: Security Act of 1947 (50 U.S.C. 3162), wishes ‘‘(d) JUDICIAL REVIEW.— TITLE VI—FISA TRANSPARENCY AND to have a court review a nondisclosure re- ‘‘(1) IN GENERAL.—A request under sub- REPORTING REQUIREMENTS quirement imposed in connection with the section (b) or a nondisclosure requirement SEC. 601. ADDITIONAL REPORTING ON ORDERS request or order, the recipient may notify imposed in connection with such request REQUIRING PRODUCTION OF BUSI- the Government or file a petition for judicial under subsection (c) shall be subject to judi- NESS RECORDS; BUSINESS RECORDS review in any court described in subsection cial review under section 3511. COMPLIANCE REPORTS TO CON- GRESS. (a). ‘‘(2) NOTICE.—A request under subsection Section 502(b) (50 U.S.C. 1862(b)) is amend- ‘‘(B) APPLICATION.—Not later than 30 days (b) shall include notice of the availability of ed— after the date of receipt of a notification judicial review described in paragraph (1).’’. (1) by redesignating paragraphs (1), (2), and under subparagraph (A), the Government (b) ACCESS TO FINANCIAL RECORDS FOR CER- (3) as paragraphs (6), (7), and (8), respec- shall apply for an order prohibiting the dis- TAIN INTELLIGENCE AND PROTECTIVE PUR- closure of the existence or contents of the POSES.—Section 1114 of the Right to Finan- tively; and relevant request or order. An application cial Privacy Act of 1978 (12 U.S.C. 3414) is (2) by inserting before paragraph (6) (as so under this subparagraph may be filed in the amended— redesignated) the following new paragraphs: district court of the United States for the ju- (1) by redesignating subsection (d) as sub- ‘‘(1) a summary of all compliance reviews dicial district in which the recipient of the section (e); and conducted by the Government for the pro- order is doing business or in the district (2) by inserting after subsection (c) the fol- duction of tangible things under section 501; court of the United States for any judicial lowing new subsection: ‘‘(2) the total number of applications de- district within which the authorized inves- ‘‘(d) JUDICIAL REVIEW.— scribed in section 501(b)(2)(B) made for orders tigation that is the basis for the request is ‘‘(1) IN GENERAL.—A request under sub- approving requests for the production of tan- being conducted. The applicable nondisclo- section (a) or a nondisclosure requirement gible things; sure requirement shall remain in effect dur- imposed in connection with such request ‘‘(3) the total number of such orders either ing the pendency of proceedings relating to under subsection (c) shall be subject to judi- granted, modified, or denied; the requirement. cial review under section 3511 of title 18, ‘‘(4) the total number of applications de- ‘‘(C) CONSIDERATION.—A district court of United States Code. scribed in section 501(b)(2)(C) made for orders the United States that receives a petition ‘‘(2) NOTICE.—A request under subsection approving requests for the production of call under subparagraph (A) or an application (a) shall include notice of the availability of detail records; under subparagraph (B) should rule expedi- judicial review described in paragraph (1).’’. ‘‘(5) the total number of such orders either tiously, and shall, subject to paragraph (3), (c) IDENTITY OF FINANCIAL INSTITUTIONS granted, modified, or denied;’’. issue a nondisclosure order that includes AND CREDIT REPORTS.—Section 626 of the SEC. 602. ANNUAL REPORTS BY THE GOVERN- conditions appropriate to the circumstances. Fair Credit Reporting Act (15 U.S.C. 1681u) is MENT. ‘‘(2) APPLICATION CONTENTS.—An applica- amended— (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et tion for a nondisclosure order or extension (1) by redesignating subsections (e) seq.), as amended by section 402 of this Act, thereof or a response to a petition filed through (m) as subsections (f) through (n), is further amended by adding at the end the under paragraph (1) shall include a certifi- respectively; and following new section: cation from the Attorney General, Deputy (2) by inserting after subsection (d) the fol- ‘‘SEC. 603. ANNUAL REPORTS. Attorney General, an Assistant Attorney lowing new subsection: ‘‘(a) REPORT BY DIRECTOR OF THE ADMINIS- General, or the Director of the Federal Bu- ‘‘(e) JUDICIAL REVIEW.— TRATIVE OFFICE OF THE UNITED STATES reau of Investigation, or a designee in a posi- ‘‘(1) IN GENERAL.—A request under sub- COURTS.—The Director of the Administrative tion not lower than Deputy Assistant Direc- section (a) or (b) or an order under sub- Office of the United States Courts shall an- tor at Bureau headquarters or a Special section (c) or a non-disclosure requirement nually submit to the Permanent Select Com- Agent in Charge in a Bureau field office des- imposed in connection with such request mittee on Intelligence and the Committee on ignated by the Director, or in the case of a under subsection (d) shall be subject to judi- the Judiciary of the House of Representa- request by a department, agency, or instru- cial review under section 3511 of title 18, tives and the Select Committee on Intel- mentality of the Federal Government other United States Code. ligence and the Committee on the Judiciary than the Department of Justice, the head or ‘‘(2) NOTICE.—A request under subsection of the Senate, subject to a declassification deputy head of the department, agency, or (a) or (b) or an order under subsection (c) review by the Attorney General and the Di- instrumentality, containing a statement of shall include notice of the availability of ju- rector of National Intelligence, a report, specific facts indicating that the absence of dicial review described in paragraph (1).’’. made publicly available on an Internet Web a prohibition of disclosure under this sub- (d) IDENTITY OF FINANCIAL INSTITUTIONS site, that includes— section may result in— AND CREDIT REPORTS.—Section 627 of the ‘‘(1) the number of applications or certifi- ‘‘(A) a danger to the national security of Fair Credit Reporting Act (15 U.S.C. 1681v) is cations for orders submitted under each of the United States; amended— sections 105, 304, 402, 501, 702, 703, and 704; ‘‘(B) interference with a criminal, counter- (1) by redesignating subsections (d), (e), ‘‘(2) the number of orders entered under terrorism, or counterintelligence investiga- and (f) as subsections (e), (f), and (g), respec- each of those sections; tion; tively; and ‘‘(3) the number of orders modified under ‘‘(C) interference with diplomatic rela- (2) by inserting after subsection (c) the fol- each of those sections; tions; or lowing new subsection: ‘‘(4) the number of orders denied under ‘‘(D) danger to the life or physical safety of ‘‘(d) JUDICIAL REVIEW.— each of those sections; any person. ‘‘(1) IN GENERAL.—A request under sub- ‘‘(5) the number of appointments of an in- ‘‘(3) STANDARD.—A district court of the section (a) or a non-disclosure requirement dividual to serve as amicus curiae under sec- United States shall issue a nondisclosure imposed in connection with such request tion 103, including the name of each indi- order or extension thereof under this sub- under subsection (c) shall be subject to judi- vidual appointed to serve as amicus curiae; section if the court determines that there is cial review under section 3511 of title 18, and reason to believe that disclosure of the infor- United States Code. ‘‘(6) the number of written findings issued mation subject to the nondisclosure require- ‘‘(2) NOTICE.—A request under subsection under section 103(i) that such appointment is ment during the applicable time period may (a) shall include notice of the availability of not appropriate and the text of any such result in— judicial review described in paragraph (1).’’. written findings. ‘‘(A) a danger to the national security of (e) INVESTIGATIONS OF PERSONS WITH AC- ‘‘(b) MANDATORY REPORTING BY DIRECTOR the United States; CESS TO CLASSIFIED INFORMATION.—Section OF NATIONAL INTELLIGENCE.—

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‘‘(1) IN GENERAL.—Except as provided in phone number is located in the United States ‘‘(i) certify that conclusion in writing to subsection (e), the Director of National In- at the time of collection. the Permanent Select Committee on Intel- telligence shall annually make publicly ‘‘(c) DISCRETIONARY REPORTING BY DIREC- ligence and the Committee on the Judiciary available on an Internet Web site a report TOR OF NATIONAL INTELLIGENCE.—The Direc- of the House of Representatives and the Se- that identifies, for the preceding 12-month tor of National Intelligence may annually lect Committee on Intelligence and the Com- period— make publicly available on an Internet Web mittee on the Judiciary of the Senate; and ‘‘(A) the total number of orders issued pur- site a report that identifies, for the pre- ‘‘(ii) make such certification publicly suant to titles I and III and sections 703 and ceding 12-month period— available on an Internet Web site. 704 and a good faith estimate of the number ‘‘(1) a good faith estimate of the number of ‘‘(B) CONTENT.— of targets of such orders; individuals whose communications were col- ‘‘(i) IN GENERAL.—The certification de- ‘‘(B) the total number of orders issued pur- lected pursuant to orders issued pursuant to scribed in subparagraph (A) shall state with suant to section 702 and a good faith esti- titles I and III and sections 703 and 704 rea- specificity any operational, national secu- mate of— sonably believed to have been located in the rity, or other reasons why the Director of ‘‘(i) the number of targets of such orders; United States at the time of collection National Intelligence has reached the con- ‘‘(ii) the number of individuals whose com- whose information was reviewed or accessed clusion described in subparagraph (A). munications were collected pursuant to such by an officer, employee, or agent of the ‘‘(ii) GOOD FAITH ESTIMATES OF CERTAIN IN- orders; United States; DIVIDUALS WHOSE COMMUNICATIONS WERE COL- ‘‘(iii) the number of individuals whose ‘‘(2) a good faith estimate of the number of LECTED UNDER ORDERS ISSUED UNDER SECTION communications were collected pursuant to individuals whose communications were col- 702.—A certification described in subpara- such orders who are reasonably believed to lected pursuant to orders issued pursuant to graph (A) relating to a good faith estimate have been located in the United States at the section 702 reasonably believed to have been required to be reported under subsection time of collection; located in the United States at the time of (b)(1)(B)(iii) may include the information an- ‘‘(iv) the number of search terms that in- collection whose information was reviewed nually reported pursuant to section cluded information concerning a United or accessed by an officer, employee, or agent 702(l)(3)(A). States person that were used to query any of the United States; ‘‘(iii) GOOD FAITH ESTIMATES OF CERTAIN IN- database of the contents of electronic com- ‘‘(3) a good faith estimate of the number of DIVIDUALS WHOSE COMMUNICATIONS WERE COL- munications or wire communications ob- individuals whose communications were col- LECTED UNDER ORDERS ISSUED UNDER TITLE tained through the use of an order issued lected pursuant to orders issued pursuant to IV.—If the Director of National Intelligence pursuant to section 702; and title IV reasonably believed to have been lo- determines that a good faith estimate re- ‘‘(v) the number of search queries initiated cated in the United States at the time of col- quired to be reported under subsection by an officer, employee, or agent of the lection whose information was reviewed or (b)(1)(C)(iii) cannot be determined accurately United States whose search terms included accessed by an officer, employee, or agent of as that estimate pertains to electronic com- information concerning a United States per- the United States; munications, but can be determined accu- son in any database of noncontents informa- ‘‘(4) a good faith estimate of the number of rately for wire communications, the Director tion relating to electronic communications individuals whose communications were col- shall make the certification described in or wire communications that were obtained lected pursuant to orders issued pursuant to subparagraph (A) with respect to electronic through the use of an order issued pursuant applications made under section 501(b)(2)(B) communications and shall also report the to section 702; reasonably believed to have been located in good faith estimate with respect to wire ‘‘(C) the total number of orders issued pur- the United States at the time of collection communications. suant to title IV and a good faith estimate whose information was reviewed or accessed ‘‘(C) FORM.—A certification described in of— by an officer, employee, or agent of the subparagraph (A) shall be prepared in unclas- ‘‘(i) the number of targets of such orders; United States; and sified form, but may contain a classified ‘‘(ii) the number of individuals whose com- ‘‘(5) a good faith estimate of the number of annex. munications were collected pursuant to such individuals whose communications were col- ‘‘(D) TIMING.—If the Director of National orders; and lected pursuant to orders issued pursuant to Intelligence continues to conclude that the ‘‘(iii) the number of individuals whose applications made under section 501(b)(2)(C) good faith estimates described in this para- communications were collected pursuant to reasonably believed to have been located in graph cannot be determined accurately, the such orders who are reasonably believed to the United States at the time of collection Director shall annually submit a certifi- have been located in the United States at the whose information was reviewed or accessed cation in accordance with this paragraph. time of collection; by an officer, employee, or agent of the ‘‘(f) CONSTRUCTION.—Nothing in this sec- ‘‘(D) the total number of orders issued pur- United States. tion affects the lawfulness or unlawfulness of suant to applications made under section ‘‘(d) TIMING.—The annual reports required any government surveillance activities de- 501(b)(2)(B) and a good faith estimate of— by subsections (a) and (b) and permitted by scribed herein. ‘‘(i) the number of targets of such orders; subsection (c) shall be made publicly avail- ‘‘(g) DEFINITIONS.—In this section: ‘‘(ii) the number of individuals whose com- able during April of each year and include in- ‘‘(1) CONTENTS.—The term ‘contents’ has munications were collected pursuant to such formation relating to the previous year. the meaning given that term under section orders; and ‘‘(e) EXCEPTIONS.— 2510 of title 18, United States Code. ‘‘(iii) the number of individuals whose ‘‘(1) REPORTING BY UNIQUE IDENTIFIER.—If it ‘‘(2) ELECTRONIC COMMUNICATION.—The communications were collected pursuant to is not practicable to report the good faith es- term ‘electronic communication’ has the such orders who are reasonably believed to timates required by subsection (b) and per- meaning given that term under section 2510 have been located in the United States at the mitted by subsection (c) in terms of individ- of title 18, United States Code. time of collection; uals, the good faith estimates may be count- ‘‘(3) INDIVIDUAL WHOSE COMMUNICATIONS ‘‘(E) the total number of orders issued pur- ed in terms of unique identifiers, including WERE COLLECTED.—The term ‘individual suant to applications made under section names, account names or numbers, address- whose communications were collected’ 501(b)(2)(C) and a good faith estimate of— es, or telephone or instrument numbers. means any individual— ‘‘(i) the number of targets of such orders; ‘‘(2) STATEMENT OF NUMERICAL RANGE.—If a ‘‘(A) who was a party to an electronic com- ‘‘(ii) the number of individuals whose com- good faith estimate required to be reported munication or a wire communication the munications were collected pursuant to such under clauses (ii) or (iii) of each of subpara- contents or noncontents of which was col- orders; graphs (B), (C), (D), and (E) of paragraph (1) lected; or ‘‘(iii) the number of individuals whose of subsection (b) or permitted to be reported ‘‘(B)(i) who was a subscriber or customer of communications were collected pursuant to in subsection (c), is fewer than 500, it shall an electronic communication service or re- such orders who are reasonably believed to exclusively be expressed as a numerical mote computing service; and have been located in the United States at the range of ‘fewer than 500’ and shall not be ex- ‘‘(ii) whose records, as described in sub- time of collection; and pressed as an individual number. paragraph (A), (B), (D), (E), or (F) of section ‘‘(iv) the number of search terms that in- ‘‘(3) FEDERAL BUREAU OF INVESTIGATION.— 2703(c)(2) of title 18, United States Code, were cluded information concerning a United Subparagraphs (B)(iv), (B)(v), (D)(iii), collected. States person that were used to query any (E)(iii), and (E)(iv) of paragraph (1) of sub- ‘‘(4) NATIONAL SECURITY LETTER.—The term database of call detail records obtained section (b) shall not apply to information or ‘national security letter’ means a request for through the use of such orders; and records held by, or queries conducted by, the a report, records, or other information ‘‘(F) the total number of national security Federal Bureau of Investigation. under— letters issued and the number of requests for ‘‘(4) CERTIFICATION.— ‘‘(A) section 2709 of title 18, United States information contained within such national ‘‘(A) IN GENERAL.—If the Director of Na- Code; security letters. tional Intelligence concludes that a good ‘‘(B) section 1114(a)(5)(A) of the Right to ‘‘(2) BASIS FOR REASONABLE BELIEF INDI- faith estimate required to be reported under Financial Privacy Act of 1978 (12 U.S.C. VIDUAL IS LOCATED IN UNITED STATES.—A subparagraph (B)(iii) or (C)(iii) of paragraph 3414(a)(5)(A)); phone number registered in the United (1) of subsection (b) cannot be determined ac- ‘‘(C) subsection (a) or (b) of section 626 of States may provide the basis for a reason- curately, including through the use of statis- the Fair Credit Reporting Act (15 U.S.C. able belief that the individual using the tical sampling, the Director shall— 1681u(a), 1681u(b)); or

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5064 CONGRESSIONAL RECORD — SENATE July 29, 2014 ‘‘(D) section 627(a) of the Fair Credit Re- ‘‘(B) The number of customer accounts af- ‘‘(ii) with respect to information relating porting Act (15 U.S.C. 1681v(a)). fected by national security letters, reported to authorities under this Act, except as pro- ‘‘(5) UNITED STATES PERSON.—The term in bands of 1000 starting with 0–999. vided in subparagraph (C), information relat- ‘United States person’ means a citizen of the ‘‘(C) The number of orders under this Act ing to the time period— United States or an alien lawfully admitted for contents, reported in bands of 1000 start- ‘‘(I) ending on the date that is not less for permanent residence (as defined in sec- ing with 0–999. than 180 days before the date on which the tion 101(a) of the Immigration and Nation- ‘‘(D) With respect to contents orders under information is publicly reported; and ality Act (8 U.S.C. 1101(a))). this Act, in bands of 1000 starting with 0–999, ‘‘(II) beginning on the date that is 180 days ‘‘(6) WIRE COMMUNICATION.—The term ‘wire the number of customer selectors targeted before the date described in subclause (I); communication’ has the meaning given that under such orders. and term under section 2510 of title 18, United ‘‘(E) The number of orders under this Act ‘‘(C) for a person that has received an order States Code.’’. for noncontents, reported in bands of 1000 or directive under this Act with respect to a (b) TABLE OF CONTENTS AMENDMENT.—The starting with 0–999. platform, product, or service for which a per- table of contents, as amended by section 402 ‘‘(F) With respect to noncontents orders son did not previously receive such an order of this Act, is further amended by inserting under this Act, in bands of 1000 starting with or directive (not including an enhancement after the item relating to section 602, as 0–999, the number of customer selectors tar- to or iteration of an existing publicly avail- added by section 402 of this Act, the fol- geted under orders under— able platform, product, or service)— lowing new item: ‘‘(i) title IV; ‘‘(i) shall not include any information re- ‘‘(ii) title V with respect to applications lating to such new order or directive until ‘‘Sec. 603. Annual reports.’’. described in section 501(b)(2)(B); and 540 days after the date on which such new (c) PUBLIC REPORTING ON NATIONAL SECU- ‘‘(iii) title V with respect to applications order or directive is received; and RITY LETTERS.—Section 118(c) of the USA described in section 501(b)(2)(C). ‘‘(ii) for a report published on or after the PATRIOT Improvement and Reauthorization ‘‘(2) A semiannual report that aggregates date on which the 540-day waiting period ex- Act of 2005 (18 U.S.C. 3511 note) is amended— the number of orders, directives, or national pires, shall include information relating to (1) in paragraph (1)— security letters with which the person was such new order or directive reported pursu- (A) in the matter preceding subparagraph required to comply in the following separate ant to subparagraph (B)(ii). (A), by striking ‘‘concerning different United categories: ‘‘(2) A report described in paragraph (2) of States persons’’; and ‘‘(A) The total number of all national secu- subsection (a) may be published every 180 (B) in subparagraph (A), by striking ‘‘, ex- rity process received, including all national days and shall include information relating cluding the number of requests for subscriber security letters and orders or directives to the previous 180 days. information’’; under this Act, combined, reported in bands ‘‘(3) A report described in paragraph (4) of (2) by redesignating paragraph (2) as para- of 0–249 and thereafter in bands of 250. subsection (a) may be published annually graph (3); and ‘‘(B) The total number of customer selec- and shall include information relating to the (3) by inserting after paragraph (1) the fol- tors targeted under all national security time period— lowing: process received, including all national secu- ‘‘(A) ending on the date that is not less ‘‘(2) CONTENT.— rity letters and orders or directives under than 1 year before the date on which the in- ‘‘(A) IN GENERAL.—Except as provided in this Act, combined, reported in bands of 0– formation is publicly reported; and subparagraph (B), each report required under 249 and thereafter in bands of 250. ‘‘(B) beginning on the date that is 1 year this subsection shall include a good faith es- ‘‘(3) A semiannual report that aggregates before the date described in subparagraph timate of the total number of requests de- the number of orders or national security (A). scribed in paragraph (1) requiring disclosure letters with which the person was required ‘‘(c) OTHER FORMS OF AGREED TO PUBLICA- of information concerning— to comply in the following separate cat- TION.—Nothing in this section prohibits the ‘‘(i) United States persons; and egories: Government and any person from jointly ‘‘(ii) persons who are not United States ‘‘(A) The number of national security let- agreeing to the publication of information persons. ters received, reported in bands of 500 start- referred to in this subsection in a time, form, ‘‘(B) EXCEPTION.—With respect to the num- ing with 0–499. or manner other than as described in this ber of requests for subscriber information ‘‘(B) The number of customer accounts af- section. under section 2709 of title 18, United States fected by national security letters, reported ‘‘(d) DEFINITIONS.—In this section: Code, a report required under this subsection in bands of 500 starting with 0–499. ‘‘(1) CONTENTS.—The term ‘contents’ has need not separate the number of requests ‘‘(C) The number of orders under this Act the meaning given that term under section into each of the categories described in sub- for contents, reported in bands of 500 start- 2510 of title 18, United States Code. paragraph (A).’’. ing with 0–499. ‘‘(2) NATIONAL SECURITY LETTER.—The term (d) STORED COMMUNICATIONS.—Section ‘‘(D) The number of customer selectors tar- ‘national security letter’ has the meaning 2702(d) of title 18, United States Code, is geted under such orders, reported in bands of given that term under section 603.’’. amended— 500 starting with 0–499. (b) TABLE OF CONTENTS AMENDMENT.—The (1) in paragraph (1), by striking ‘‘; and’’ and ‘‘(E) The number of orders under this Act table of contents, as amended by sections 402 inserting a semicolon; for noncontents, reported in bands of 500 and 602 of this Act, is further amended by in- (2) in paragraph (2)(B), by striking the pe- starting with 0–499. serting after the item relating to section 603, riod and inserting ‘‘; and’’; and ‘‘(F) The number of customer selectors tar- as added by section 602 of this Act, the fol- (3) by adding at the end the following new geted under such orders, reported in bands of lowing new item: paragraph: 500 starting with 0–499. ‘‘Sec. 604. Public reporting by persons sub- ‘‘(3) the number of accounts from which ‘‘(4) An annual report that aggregates the ject to orders.’’. the Department of Justice has received vol- number of orders, directives, and national se- SEC. 604. REPORTING REQUIREMENTS FOR DECI- untary disclosures under subsection (c)(4).’’. curity letters the person was required to SIONS, ORDERS, AND OPINIONS OF SEC. 603. PUBLIC REPORTING BY PERSONS SUB- comply with in the following separate cat- THE FOREIGN INTELLIGENCE SUR- JECT TO FISA ORDERS. VEILLANCE COURT AND THE FOR- egories: EIGN INTELLIGENCE SURVEILLANCE (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et ‘‘(A) The total number of all national secu- COURT OF REVIEW. seq.), as amended by sections 402 and 602 of rity process received, including all national Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is this Act, is further amended by adding at the security letters and orders or directives amended to read as follows: end the following new section: under this Act, combined, reported in bands ‘‘(1) not later than 45 days after the date on ‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUB- of 0–100 and thereafter in bands of 100. which the Foreign Intelligence Surveillance JECT TO ORDERS. ‘‘(B) The total number of customer selec- Court or the Foreign Intelligence Surveil- ‘‘(a) REPORTING.—A person subject to a tors targeted under all national security lance Court of Review issues a decision, nondisclosure requirement accompanying an process received, including all national secu- order, or opinion, including any denial or order or directive under this Act or a na- rity letters and orders or directives under modification of an application under this tional security letter may, with respect to this Act, combined, reported in bands of 0– Act, that includes significant construction such order, directive, or national security 100 and thereafter in bands of 100. or interpretation of any provision of law or letter, publicly report the following informa- ‘‘(b) PERIOD OF TIME COVERED BY RE- results in a change of application of any pro- tion using 1 of the following structures: PORTS.— vision of this Act or a novel application of ‘‘(1) A semiannual report that aggregates ‘‘(1) A report described in paragraph (1) or any provision of this Act, a copy of such de- the number of orders or national security (3) of subsection (a)— cision, order, or opinion and any pleadings, letters with which the person was required ‘‘(A) may be published every 180 days; applications, or memoranda of law associ- to comply in the following separate cat- ‘‘(B) subject to subparagraph (C), shall in- ated with such decision, order, or opinion; egories: clude— and’’. ‘‘(A) The number of national security let- ‘‘(i) with respect to information relating to SEC. 605. SUBMISSION OF REPORTS UNDER FISA. ters received, reported in bands of 1000 start- national security letters, information relat- (a) ELECTRONIC SURVEILLANCE.—Section ing with 0–999. ing to the previous 180 days; and 108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5065 striking ‘‘the House Permanent Select Com- ment. The government and the im- which were taken by a well-intended mittee on Intelligence and the Senate Select mense power of government has ex- but overreaching Federal Government Committee on Intelligence, and the Com- panded over time with advances in in the wake of the 9/11 terrorist at- mittee on the Judiciary of the Senate,’’ and technology. Our country certainly has tacks. inserting ‘‘the Permanent Select Committee The expanded authority given to the on Intelligence and the Committee on the changed to an enormous degree over Judiciary of the House of Representatives the centuries since James Madison National Security Agency through ex- and the Select Committee on Intelligence penned our Bill of Rights. But the pro- ecutive action and the PATRIOT Act and the Committee on the Judiciary of the tection of liberty afforded by the was intended to prevent another attack Senate’’. Fourth Amendment has only become on America. While I was not a Member (b) PHYSICAL SEARCHES.—The matter pre- more important, not less important, as of Congress on 9/11, I shared the horror ceding paragraph (1) of section 306 (50 U.S.C. the government’s ability to collect in- all Nevadans felt watching the murder 1826) is amended— formation has advanced. of thousands of innocent Americans, (1) in the first sentence, by striking ‘‘Per- This legislation, which has broad- and the profound sadness as buildings manent Select Committee on Intelligence of based bipartisan support, is absolutely in New York and Washington, DC, sat the House of Representatives and the Select Committee on Intelligence of the Senate, necessary. It can be implemented in a smoldering. I understand as well as and the Committee on the Judiciary of the way that will still allow the govern- anyone here the reason behind the ac- Senate,’’ and inserting ‘‘Permanent Select ment to protect us. It will also protect tions our Nation’s leaders took to en- Committee on Intelligence and the Com- us from the risk of overreach by the sure that another attack on America mittee on the Judiciary of the House of Rep- government. never materialized, and why our lead- resentatives and the Select Committee on We have to remember it is not just ers felt that no limits should be im- Intelligence and the Committee on the Judi- the government that we have in place posed. No matter what the cost, Ameri- ciary of the Senate’’; and today, even if we assume, for purposes cans had to be protected against an- (2) in the second sentence, by striking ‘‘and of this discussion, that everyone who other attack. the Committee on the Judiciary of the House Viewing the situation from that lens, of Representatives’’. works for the government, every gov- (c) PEN REGISTERS AND TRAP AND TRACE ernment agent who participates in the it is easy to understand how the DEVICES.—Section 406(b) (50 U.S.C. 1846(b)) is collection of this information is doing Fourth Amendment was brushed aside amended— what is right. We can’t always assume as the Senate expanded law enforce- (1) in paragraph (2), by striking ‘‘; and’’ and that will be the case in the future. ment surveillance capabilities with inserting a semicolon; I see my time has expired. I once just one dissenting vote. (2) in paragraph (3), by striking the period again thank my colleague, the senior The Federal Bureau of Investigation and inserting a semicolon; and Senator from Vermont, Mr. LEAHY, for then used section 215 of the PATRIOT (3) by adding at the end the following new his sponsorship of this legislation. I Act to expand the scope of surveillance paragraphs: urge my colleagues to join us in this ef- far beyond even what some of the au- ‘‘(4) each department or agency on behalf of which the Attorney General or a des- fort. thors believed they were authorizing. ignated attorney for the Government has Mr. FRANKEN. Mr. President, I rise The FBI argued that section 215 pro- made an application for an order authorizing to talk about the transparency provi- vided authority to collect phone data or approving the installation and use of a sions in the USA FREEDOM Act. I am of law-abiding citizens without their pen register or trap and trace device under a proud cosponsor of Chairman LEAHY’s knowledge. Specifically, they could use this title; and bill, and I am particularly proud to the business records provision to force ‘‘(5) for each department or agency de- have written the key transparency pro- phone companies to turn over millions scribed in paragraph (4), each number de- visions with my friend Senator DEAN of telephone calls when there is a rea- scribed in paragraphs (1), (2), and (3).’’. HELLER of Nevada. sonable ground or relevance to believe (d) ACCESS TO CERTAIN BUSINESS RECORDS Senator LEE is right. This is not a that the information sought is relevant AND OTHER TANGIBLE THINGS.—Section 502(a) (50 U.S.C. 1862(a)) is amended by striking Republican bill or a Democratic bill. to an authorized investigation of inter- ‘‘Permanent Select Committee on Intel- This isn’t a Republican issue or a national terrorism. ligence of the House of Representatives and Democratic issue. I thank Senator LEE As a result, we now have a bulk col- the Select Committee on Intelligence and for his leadership. Of course, we are all lection program in existence where the Committee on the Judiciary of the Sen- indebted to Senator LEAHY for his lead- telephone companies hand over mil- ate’’ and inserting ‘‘Permanent Select Com- ership on this issue. lions of records to the NSA as part of a mittee on Intelligence and the Committee on Because of time constraints, I am not massive pre-collection database. the Judiciary of the House of Representa- going to be able to give the speech I As someone who voted against the tives and the Select Committee on Intel- wanted to, so I will try to ask for time PATRIOT Act time and time again, I ligence and the Committee on the Judiciary for tomorrow. I know today’s floor is of the Senate’’. believe such data collection practices very busy. are a massive intrusion of our privacy, TITLE VII—SUNSETS I wish to say it is very important which is why I partnered with the sen- SEC. 701. SUNSETS. that there is enough transparency in ior Senator from Vermont to end these (a) USA PATRIOT IMPROVEMENT AND RE- our NSA surveillance that Americans programs. Our legislation tightens the AUTHORIZATION ACT OF 2005.—Section 102(b)(1) can judge for themselves if we are definitions of ‘‘specific selection term’’ of the USA PATRIOT Improvement and Re- striking the right balance between na- authorization Act of 2005 (50 U.S.C. 1805 note) for section 215 of the PATRIOT Act and is amended by striking ‘‘June 1, 2015’’ and in- tional security and our civil liberties. FISA pen register trap-and-trace de- serting ‘‘December 31, 2017’’. Mr. HELLER. Mr. President, today vices so that the information requested (b) INTELLIGENCE REFORM AND TERRORISM my colleague Senator LEAHY, the is limited to specifically identifying a PREVENTION ACT OF 2004.—Section 6001(b)(1) chairman of the Judiciary Committee, person, account, address, or a personal of the Intelligence Reform and Terrorism introduced legislation that would device. Prevention Act of 2004 (50 U.S.C. 1801 note) is amend the PATRIOT Act. This new With this legislation, bulk collection amended by striking ‘‘June 1, 2015’’ and in- legislation reflects a bicameral and bi- will be eliminated and the records will serting ‘‘December 31, 2017’’. partisan compromise that ends the stay with the telephone companies. Mr. LEE. First, I thank my distin- bulk data collection practices cur- The massive information grabs from guished colleague, the senior Senator rently being used. It also gives our in- the Federal Government based on geog- from Vermont, for his leadership on telligence officials specific rules to fol- raphy or email service will no longer be this issue. I am pleased to join him as low so they can keep the operational permissible. And of the information a cosponsor of this legislation. As the capabilities necessary to protect the that is collected, the legislation im- lead cosponsor of this bill, I attest to United States from a terrorist attack poses new restrictions on its use and the fact that this is an issue that is without compromising the Fourth retention. These reforms will help shift neither Republican nor Democratic, it Amendment to the Constitution. I the balance of privacy away from the is neither liberal nor conservative, it is thank Senator LEAHY for his work, and Federal Government and back to the simply American. I am grateful for his partnership. American people. It is a fundamental concept of liberty This important step is necessary for I am proud that this bill also in- that we have to control the govern- restoring Americans’ privacy rights cludes the Franken-Heller Surveillance

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5066 CONGRESSIONAL RECORD — SENATE July 29, 2014 Transparency Act of 2013. I was pleased Congress has authorized the collec- neighborhoods in advance of Israeli military to join Senator FRANKEN on this legis- tion of millions of law-abiding citizens’ attacks, calling Palestinians on the phone lation because, at the very least, Amer- telephone metadata for years and it urging them to evacuate certain areas before icans deserve to know the number of has only solved two ongoing FBI inves- the military strikes targets, and issuing people whose information is housed by tigations. Of those two investigations, warnings to civilians in advance of firing on buildings; the NSA. For the first time in Amer- the NSA has publicly identified one. In Whereas Israel’s attacks have focused on ican history, the government is forced fact, that case could have easily been terrorist targets such as Hamas’s munitions to disclose to the American people handled by obtaining a warrant and storage sites, areas sheltering Hamas’s rock- roughly how many of them have had going to the telephone company. It is et systems, Hamas’s weapons manufacturing their communications collected. the case of an individual in San Diego sites, the homes of militant leaders, and on Our provision calls for reports by the who was convicted of sending $8,500 to the vast labyrinth of tunnels Hamas’s fight- Director of National Intelligence de- Somalia in support of al-Shabaab, the ers use to penetrate Israel’s territory and at- tailing the requests for information au- terrorist organization claiming respon- tack Israelis; thorized under the PATRIOT Act and sibility for the Kenyan mall attack. Whereas Hamas uses rockets to indiscrimi- the FISA Amendments Act. The re- The American phone records allowed nately target civilians in Israel; Whereas Israel has accepted and imple- ports would specify the total number of the NSA to determine that a U.S. mented numerous ceasefire agreements that people whose information has been col- phone was used to contact an indi- vidual associated with this terrorist or- Hamas has rejected; lected under these programs and how Whereas Hamas continued to fire rockets ganization. I am appreciative that the many people living in the United into Israel during a 24-hour truce that States have had their information col- NSA was able to apprehend this indi- Hamas had itself proposed; lected. They would also permit the in- vidual, but it does not provide over- Whereas Israel embraced the Egyptian-pro- telligence community to report on how whelming evidence that this program posed ceasefire agreement, which Hamas re- many Americans actually had their in- is necessary. The Obama administra- soundingly rejected on July 27, 2014; formation looked at by the NSA or any tion has come to the same conclusion Whereas Hamas intentionally uses civil- other intelligence agencies. and so has the intelligence community. ians as human shields; Whereas Hamas refuses to recognize Furthermore, these provisions would The operational capabilities the in- Israel’s right to exist; allow telephone and Internet compa- telligence community relies on to con- duct their mission to keep us safe will Whereas Israel’s Iron Dome has protected nies to tell consumers basic informa- Israel’s civilian population from the over tion regarding FISA court orders they not be impacted by the USA FREE- DOM Act. If it were, the Intelligence 2,500 rockets that Hamas has indiscrimi- receive and the number of users whose nately fired into Israel since July 7, 2014; Community and the administration information is turned over. Whereas, without Iron Dome’s ability to would not have brokered this com- The principles outlined in this bill to intercept and destroy Hamas’s missiles, promise legislation. Ending the bulk increase transparency for Americans Israeli neighborhoods would have been sig- collection programs and giving Ameri- and private companies would clear up a nificantly damaged and Israeli casualties cans more transparency so they can de- tremendous amount of confusion that would have been much higher; termine for themselves whether they Whereas the United Nations Human Rights exists within the programs. And our believe these programs should exist is Council voted to accept a biased resolution private companies need the added dis- an obligation we have to all of our con- establishing a Commission of Inquiry to de- closure. The Information Technology & stituents. termine if Israel violated human rights and Innovation Foundation estimates that We have a bill introduced today that humanitarian law during the ongoing con- American cloud computing companies flict with Gaza; and would give our law enforcement au- could lose $22 billion to $35 billion in Whereas the United Nations Human Rights thorities the tools they need to keep us the next 3 years because of concerns Council resolution makes no mention of in- about their involvement with surveil- safe and also stay true to the Fourth vestigating Hamas’s indiscriminate rocket lance programs. The analytics firm Amendment. I encourage my col- attacks against Israel, nor Hamas’s policy of Forrester put potential losses much leagues to support these important re- using Palestinian civilians as human shields: higher, at $180 billion. forms and I hope it can quickly be con- Now, therefore, be it sidered by this Chamber. I want to be clear: I share the con- Resolved, That the Senate— cerns of all Americans that we must f (1) laments all loss of innocent civilian life; protect ourselves against threats to SUBMITTED RESOLUTIONS the homeland. I believe terrorism is (2) condemns the United Nations Human Rights Council’s resolution on July 23, 2014, very real and the United States is the which calls for yet another prejudged inves- target of those looking to undermine SENATE RESOLUTION 526—SUP- tigation of Israel while making no mention the freedoms we hold as the core of our PORTING ISRAEL’S RIGHT TO of Hamas’s continued assault against Israel, national identity. If the bulk collec- DEFEND ITSELF AGAINST and also calls for an investigation into po- tion programs in existence were bear- HAMAS, AND FOR OTHER PUR- tential human rights violations by Israel in ing so much information to protect the POSES the current Gaza conflict without men- homeland, it would change my opinion tioning Hamas’s assault against innocent ci- Mr. REID (for himself, Mr. MCCON- on the need for the USA Freedom Act. vilians and its use of civilian shields; NELL, Mr. MENENDEZ, Mr. CORKER, Mr. However, the bulk collection program (3) supports Israel’s right to defend itself CARDIN, and Mr. GRAHAM) submitted has simply not provided the tangible against Hamas’s unrelenting and indiscrimi- the following resolution; which was results that justify a privacy intrusion nate rocket assault into Israel and Israel’s considered and agreed to.: right to destroy Hamas’s elaborate tunnel of this level. We know this because on S. RES. 526 system into Israel’s territory; October 2, 2013, the chairman of the (4) condemns Hamas’s terrorist actions and Senate Judiciary Committee, Senator Whereas Hamas, an organization des- ignated as a Foreign Terrorist Organization use of civilians as human shields; LEAHY, asked NSA Director Keith by the United States Department of State (5) supports United States mediation ef- Alexander the following question: since 1997, has fired over 2,500 rockets indis- forts for a durable ceasefire agreement that At our last hearing, deputy director Inglis criminately from Gaza into Israel; immediately ends Hamas’s rocket assault stated that there’s only really one example Whereas Israel has a right to defend itself and leads to the demilitarization of Gaza; of a case where, but for the use of Section 215 from Hamas’s constant barrage of rockets and bulk phone records collection, terrorist ac- and to destroy the matrix of tunnels Hamas (6) supports additional funding the Govern- tivity was stopped. Was Mr. Inglis right? uses to smuggle weapons and Hamas fighters ment of Israel needs to replenish Iron Dome into Israel to carry out terrorist attacks; To which Director Alexander re- missiles and enhance Israel’s defensive capa- Whereas the Government of Israel has bilities. sponded: taken significant steps to protect civilians He’s right. I believe he said two, Chairman. in Gaza, including dropping leaflets in Gaza

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5067 SENATE RESOLUTION 527—CON- Whereas Phi Beta Sigma Fraternity, Inc. Whereas North Dakota produces over GRATULATING THE MEMBERS OF commemorated its history and promoted 1,000,000 barrels of oil each day; PHI BETA SIGMA FRATERNITY, service during the Phi Beta Sigma centen- Whereas the economy of North Dakota has INC. FOR 100 YEARS OF SERVICE nial celebration on January 9, 2014, in the grown faster than the economy of all other District of Columbia: Now, therefore, be it States of the United States for 4 consecutive THROUGHOUT THE UNITED Resolved, That the Senate— years; STATES AND THE WORLD, AND (1) congratulates Phi Beta Sigma Frater- Whereas the personal income of people in COMMENDING PHI BETA SIGMA nity, Inc. for 100 years of service to commu- North Dakota is nearly 30 percent above the FRATERNITY, INC. FOR EXEM- nities throughout the United States and the national average; PLIFYING THE IDEALS OF world; and Whereas, in 2012, exports from North Da- BROTHERHOOD, SCHOLARSHIP, (2) commends Phi Beta Sigma Fraternity, kota topped $4,000,000,000; and AND SERVICE WHILE UPHOLDING Inc. for a continued commitment to the Whereas the economy and communities of ideals of brotherhood, scholarship, and serv- THE MOTTO ‘‘CULTURE FOR North Dakota has experienced unprecedented ice. development, resulting in national recogni- SERVICE AND SERVICE FOR HU- f tion: Now, therefore, be it MANITY’’ Resolved, That the Senate— Ms. LANDRIEU (for herself, Mr. SENATE RESOLUTION 528—COM- (1) congratulates— MEMORATING THE 125TH ANNI- (A) the State of North Dakota on its 125th SCOTT, Mr. CARDIN, Mr. BROWN, Mr. VERSARY OF NORTH DAKOTA’S anniversary; and NELSON, Mrs. HAGAN, Mr. LEVIN, and STATEHOOD (B) the people of North Dakota for their Ms. BALDWIN) submitted the following tremendous work and success in building the resolution; which was considered and Mr. HOEVEN (for himself and Ms. prosperity of current and future generations agreed to: HEITKAMP) submitted the following res- living in the State; and S. RES. 527 olution; which was considered and (2) respectfully requests that the Secretary agreed to: Whereas Phi Beta Sigma Fraternity, Inc. of the Senate transmit an enrolled copy of was founded on the campus of Howard Uni- S. RES. 528 this resolution to the Governor of North Da- versity in the District of Columbia on Janu- Whereas the Dakota Territory was incor- kota. ary 9, 1914, by A. Langston Taylor, Leonard porated in 1861; f F. Morse, and Charles I. Brown; Whereas President Theodore Roosevelt AMENDMENTS SUBMITTED AND Whereas since the formation of Phi Beta came to the Dakota Territory in 1883 to hunt Sigma Fraternity, Inc., the members of Phi and begin cattle ranching near Medora, PROPOSED Beta Sigma Fraternity, Inc. have maintained North Dakota; SA 3700. Mr. THUNE submitted an amend- a strong commitment to brotherhood, com- Whereas President Theodore Roosevelt ment intended to be proposed by him to the munity involvement, and service to all peo- credited the fact he was elected President to bill S. 2569, to provide an incentive for busi- ple; the time he spent and the experiences he had nesses to bring jobs back to America; which Whereas Phi Beta Sigma Fraternity, Inc. in North Dakota; was ordered to lie on the table. has implemented a number of initiatives en- Whereas North Dakota was admitted to SA 3701. Mr. THUNE submitted an amend- couraging diversity, business opportunities, the Union on November 2, 1889; ment intended to be proposed by him to the and advocacy; Whereas the population of North Dakota bill S. 2569, supra; which was ordered to lie Whereas Phi Beta Sigma Fraternity, Inc. grew from 2,000 in 1870 to 680,000 in 1930, and on the table. has established the Sigma Wellness, Sigma reached a State record of 730,000 people in SA 3702. Mrs. HAGAN submitted an amend- Cares, and Living Well Brother to Brother 2014; ment intended to be proposed by her to the programs; Whereas the battleship USS NORTH DA- bill H.R. 5021, to provide an extension of Fed- Whereas Phi Beta Sigma Fraternity, Inc. KOTA, the first turbine-powered ship in the eral-aid highway, highway safety, motor car- was the first African-American fraternity to United States Navy, was launched in 1908; rier safety, transit, and other programs fund- establish alumni chapters and youth men- Whereas the North Dakota State flag, the ed out of the Highway Trust Fund, and for toring clubs and is the only fraternity to regimental flag carried by the North Dakota other purposes; which was ordered to lie on form an African-American sorority counter- Infantry in the Spanish-American War in the table. SA 3703. Mr. KIRK submitted an amend- part, Zeta Phi Beta; 1898 and Philippine Island Insurrection in ment intended to be proposed by him to the Whereas the men of Phi Beta Sigma Fra- 1899, was designated in 1911; bill S. 2410, to authorize appropriations for Whereas the Bank of North Dakota was es- ternity, Inc. have dedicated themselves to fiscal year 2015 for military activities of the tablished in 1919 and the State mill and ele- the promotion of civil rights, and the mem- Department of Defense, for military con- vator began operating in 1922; bers of Phi Beta Sigma Fraternity, Inc. in- struction, and for defense activities of the Whereas, in 1932, the International Peace clude influential leaders and activists such Department of Energy, to prescribe military Garden was established on the border be- as Hosea Williams, A. Philip Randolph, and personnel strengths for such fiscal year, and tween North Dakota and the Canadian prov- Lafayette Mckeene Hershaw; for other purposes; which was ordered to lie ince of Manitoba, a symbol of peace between Whereas members belonging to chapters of on the table. Phi Beta Sigma Fraternity, Inc. across the the governments of the United States and SA 3704. Mr. KIRK submitted an amend- United States responded to a call for support Canada; ment intended to be proposed by him to the of the war efforts of the United States during Whereas, in 1949, the Theodore Roosevelt bill S. 2410, supra; which was ordered to lie World War I; National Memorial Park was dedicated, cov- on the table. Whereas members of Phi Beta Sigma Fra- ering 3 areas of the badlands in western SA 3705. Mr. ENZI (for himself and Mr. ternity, Inc., such as Alain LeRoy Locke, North Dakota; BARRASSO) submitted an amendment in- Weldon Johnson, and A. Philip Randolph, Whereas, in 1953, President Eisenhower tended to be proposed by him to the bill H.R. made significant contributions to the Har- dedicated the Garrison Dam, the fifth-largest 5021, to provide an extension of Federal-aid lem Renaissance; earthen dam in the world, which created highway, highway safety, motor carrier safe- Whereas Phi Beta Sigma Fraternity, Inc. Lake Sakakawea, the third-largest man- ty, transit, and other programs funded out of has over 700 chapters in the United States, made lake in the United States; the Highway Trust Fund, and for other pur- Africa, Europe, Asia, and the Caribbean; Whereas North Dakota has a world-class poses; which was ordered to lie on the table. Whereas the men of Phi Beta Sigma Fra- system of higher education, which supports f ternity, Inc. have distinguished themselves student development across a variety of as public servants, including members such fields, including aerospace, agriculture, ar- TEXT OF AMENDMENTS chitecture, education, engineering, law, med- as— Mr. THUNE submitted an (1) a United States Congressman, civil icine, and nursing; SA 3700. rights activist, and chairman of the Student Whereas the USS NORTH DAKOTA, a Vir- amendment intended to be proposed by Nonviolent Coordinating Committee; ginia-class submarine was christened in No- him to the bill S. 2569, to provide an in- (2) the first African-American Speaker of vember 2013; centive for businesses to bring jobs the Colorado House of Representatives; Whereas North Dakota has had the lowest back to America; which was ordered to (3) the first African-American Democrat unemployment rate in the United States for lie on the table; as follows: elected to the Congress of the United States; over 5 years; On page 13, after line 3, insert the fol- (4) Demetrius C. Newton, Sr., elected in Whereas, in 2013, North Dakota was either lowing: 1986 as the first African-American Speaker 1st or 2nd in the United States in total agri- SEC. 4. LONG-TERM UNEMPLOYED INDIVIDUALS Pro Tempore of the Alabama House of Rep- culture production for 16 different commod- NOT TAKEN INTO ACCOUNT FOR EM- resentatives; and ities; PLOYER HEALTH CARE COVERAGE (5) Fleming Jones, Jr., the first African- Whereas North Dakota is the second larg- MANDATE. American Democratic member of the West est producer of oil and gas in the United (a) IN GENERAL.—Paragraph (4) of section Virginia House of Delegates; and States; 4980H(c) of the Internal Revenue Code of 1986

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5068 CONGRESSIONAL RECORD — SENATE July 29, 2014 is amended by adding at the end the fol- year, and for other purposes; which was (2) no further findings or decisions shall be lowing new subparagraph: ordered to lie on the table; as follows: required to implement those activities. ‘‘(C) EXCEPTION FOR LONG-TERM UNEM- At the end of subtitle C of title XII, add f PLOYED INDIVIDUALS.—The term ‘full-time the following: employee’ shall not include any individual AUTHORITY FOR COMMITTEES TO who is a long-term unemployed individual SEC. 1247. EXTENSION OF ANNUAL REPORTS ON MEET THE MILITARY POWER OF IRAN. (as defined in section 3111(d)(3)) with respect Section 1245(d) of the National Defense Au- COMMITTEE ON COMMERCE, SCIENCE, AND to such employer.’’. thorization Act for Fiscal Year 2010 (Public TRANSPORTATION (b) EFFECTIVE DATE.—The amendment made by this section shall apply to months Law 111–84; 123 Stat. 2544) is amended by Mr. BROWN. Mr. President, I ask beginning after December 31, 2013. striking ‘‘December 31, 2014’’ and inserting unanimous consent that the Com- ‘‘December 31, 2018’’. mittee on Commerce, Science, and SA 3701. Mr. THUNE submitted an Transportation be authorized to meet SA 3704. Mr. KIRK submitted an amendment intended to be proposed by during the session of the Senate on amendment intended to be proposed by him to the bill S. 2569, to provide an in- July 29, 2014, at 10:30 a.m. in room SR– him to the bill S. 2410, to authorize ap- centive for businesses to bring jobs 253 of the Russell Senate Office Build- propriations for fiscal year 2015 for back to America; which was ordered to ing to conduct a hearing entitled ‘‘Re- military activities of the Department lie on the table; as follows: visiting the RESTORE Act: Progress of Defense, for military construction, and Challenges in Gulf Restoration On page 13, after line 3, insert the fol- and for defense activities of the De- lowing: Post-Deepwater Horizon.’’ partment of Energy, to prescribe mili- The PRESIDING OFFICER. Without SEC. 4. CERTAIN EDUCATIONAL INSTITUTIONS tary personnel strengths for such fiscal EXEMPT FROM EMPLOYER HEALTH objection it is so ordered. INSURANCE MANDATE. year, and for other purposes; which was COMMITTEE ON COMMERCE, SCIENCE AND (a) IN GENERAL.—Section 4980H(c)(2) of the ordered to lie on the table; as follows: TRANSPORTATION Internal Revenue Code of 1986 is amended by At the end of subtitle B of title XVI, add Mr. BROWN. Mr. President, I ask adding at the end the following new subpara- the following: graph: unanimous consent that the Com- SEC. 1616. PROHIBITION ON INTEGRATION OF mittee on Commerce, Science, and ‘‘(F) EXCEPTION FOR CERTAIN EDUCATIONAL MISSILE DEFENSE SYSTEMS OF INSTITUTIONS.—The term ‘applicable large CHINA INTO MISSILE DEFENSE SYS- Transportation be authorized to meet employer’ shall not include— TEMS OF UNITED STATES. during the session of the Senate on ‘‘(i) any elementary school or secondary None of the funds authorized to be appro- July 29, 2014, at 3 p.m. in room SR–253 school (as such terms are defined in section priated by this Act or otherwise made avail- of the Russell Senate Office Building to 9101 of the Elementary and Secondary Edu- able for fiscal year 2015 for the Department conduct a hearing entitled, ‘‘Opportu- cation Act of 1965), of Defense may be used to integrate a missile nities and Challenges for Improving ‘‘(ii) any local educational agency or State defense system of the People’s Republic of educational agency (as such terms are de- China into any missile defense system of the Truck Safety on our Highways.’’ fined in section 9101 of such Act), and United States. The PRESIDING OFFICER. Without ‘‘(iii) any institution of higher education objection it is so ordered. (as such term is defined in section 102 of the SA 3705. Mr. ENZI (for himself and COMMITTEE ON ENERGY AND NATURAL Higher Education Act of 1965).’’. Mr. BARRASSO) submitted an amend- RESOURCES (b) EFFECTIVE DATE.—The amendment ment intended to be proposed by him Mr. BROWN. Mr. President, I ask made by this section shall apply to months to the bill H.R. 5021, to provide an ex- unanimous consent that the Com- beginning after December 31, 2013. tension of Federal-aid highway, high- mittee on Energy and Natural Re- SA 3702. Mrs. HAGAN submitted an way safety, motor carrier safety, tran- sources be authorized to meet during amendment intended to be proposed by sit, and other programs funded out of the session of the Senate on July 29, her to the bill H.R. 5021, to provide an the Highway Trust Fund, and for other 2014, at 2:30 p.m., in room SD–366 of the extension of Federal-aid highway, high- purposes; which was ordered to lie on Dirksen Senate Office Building to con- way safety, motor carrier safety, tran- the table; as follows: duct a hearing entitled ‘‘Breaking the sit, and other programs funded out of At the appropriate place, insert the fol- Logjam at BLM: Examining Ways to the Highway Trust Fund, and for other lowing: More Efficiently Process Permits for purposes; which was ordered to lie on SEC. ll. PAYMENTS FROM THE ABANDONED Energy Production on Federal Lands.’’ MINE RECLAMATION FUND. the table; as follows: The PRESIDING OFFICER. Without (a) IN GENERAL.—Section 411(h) of the Sur- objection it is so ordered. At the end of subtitle A of title I, add the face Mining Control and Reclamation Act of COMMITTEE ON FINANCE following: 1977 (30 U.S.C. 1240a(h)) is amended— SEC. 1lll. HIGH PRIORITY CORRIDORS ON NA- (1) in paragraph (1)(C)— Mr. BROWN. Mr. President, I ask TIONAL HIGHWAY SYSTEM. (A) by striking ‘‘Payments’’ and inserting unanimous consent that the Com- (a) IN GENERAL.—Section 1105(c) of the the following: mittee on Finance be authorized to Intermodal Surface Transportation Effi- ‘‘(i) IN GENERAL.—Payments’’; and meet during the session of the Senate ciency Act of 1991 (105 Stat. 2032) is amended (B) by adding at the end the following: on July 29, 2014, at 10 a.m. in room SD– by striking paragraph (13) and inserting the ‘‘(ii) CERTAIN PAYMENTS REQUIRED.—Not 215 of the Dirksen Senate Office Build- following: withstanding any other provision of this Act, ing, to conduct a hearing entitled ‘‘To- ‘‘(13) Raleigh-Norfolk Corridor from Ra- as soon as practicable after October 1, 2015, bacco: Taxes Owed, Avoided, and leigh, North Carolina, through Rocky of the 7 equal installments referred to in Mount, Williamston, and Elizabeth City, clause (i), the Secretary shall pay to any cer- Evaded.’’ North Carolina, to Norfolk, Virginia.’’. tified State or Indian tribe to which the The PRESIDING OFFICER. Without (b) INCLUSION OF CERTAIN ROUTE SEGMENTS total annual payment under this subsection objection it is so ordered. ON INTERSTATE SYSTEM.—Section was limited to $15,000,000 in 2013 and COMMITTEE ON FOREIGN RELATIONS 1105(e)(5)(A) of the Intermodal Surface $28,000,000 in fiscal year 2014— Mr. BROWN. Mr. President, I ask Transportation Efficiency Act of 1991 (109 ‘‘(I) the final 2 installments in 2 separate unanimous consent that the Com- Stat. 597; 115 Stat. 872; 118 Stat. 293) is payments of $82,700,000 each; and mittee on Foreign Relations be author- amended in the first sentence by inserting ‘‘(II) 2 separate payments of $32,600,000 ized to meet during the session of the ‘‘subsection (c)(13),’’ after ‘‘subsection each.’’; and (c)(9),’’. (2) by striking paragraphs (5) and (6). Senate on July 29, 2014 at 10 a.m., to (b) EFFECTIVE DATE.—The amendment conduct a hearing entitltd ‘‘Iran: Sta- SA 3703. Mr. KIRK submitted an made by subsection (a)(2) shall take effect tus of the P–5+1.’’ amendment intended to be proposed by October 1, 2015. The PRESIDING OFFICER. Without him to the bill S. 2410, to authorize ap- (c) OFFSET.—For purposes of the National objection it is so ordered. propriations for fiscal year 2015 for Wildlife Refuge System Administration Act COMMITTEE ON FOREIGN RELATIONS military activities of the Department of 1966 (16 U.S.C. 668dd et seq.)— Mr. BROWN. Mr. President, I ask (1) oil and gas exploration, development, of Defense, for military construction, and production activities shall be considered unanimous consent that the Com- and for defense activities of the De- to be compatible with the purposes for which mittee on Foreign Relations be author- partment of Energy, to prescribe mili- the Arctic National Wildlife Refuge was es- ized to meet during the session of the tary personnel strengths for such fiscal tablished; and Senate on July 29, 2014, at 2 p.m.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5069 The PRESIDING OFFICER. Without and Carter Burwell, who have been de- The concurrent resolution (H. Con. objection, it is so ordered. tailed to my staff, be granted floor Res. 103) was agreed to. COMMITTEE ON THE JUDICIARY privileges for the remainder of this f Congress. Mr. BROWN. Mr. President, I ask AUTHORIZING USE OF The PRESIDING OFFICER. Without unanimous consent that the Com- EMANCIPATION HALL mittee on the Judiciary be authorized objection, it is so ordered. Mr. REID. Mr. President, I ask unan- to meet during the session of the Sen- f ate, on July 29, 2014, at 9:30 a.m., in imous consent the Senate proceed to H. room SD-226 of the Dirksen Senate Of- NAFTALI FRAENKEL REWARD ACT Con. Res. 106, which was received from fice Building, to conduct a hearing en- Mr. REID. Mr. President, I ask unan- the House and is at the desk. titled ‘‘Judicial Nominations.’’ imous consent the Senate proceed to S. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without 2577. clerk will report the concurrent resolu- objection, it is so ordered. The PRESIDING OFFICER. The tion by title. The assistant legislative clerk read SELECT COMMITTEE ON INTELLIGENCE clerk will report the bill by title. as follows: Mr. BROWN. Mr. President, I ask The assistant legislative clerk read unanimous consent that the Select as follows: A concurrent resolution (H. Con. Res. 106) authorizing the use of Emancipation Hall in Committee on Intelligence be author- A bill (S. 2577) to require the Secretary of the Capitol Visitor Center for a ceremony to ized to meet during the session of the State to offer rewards totaling up to award Congressional Gold Medals in honor of Senate on July 29, 2014, at 2:30 p.m. $5,000,000 for information on the kidnapping the men and women who perished as a result The PRESIDING OFFICER. Without and murder of Naftali Fraenkel, a dual of the terrorist attacks on the United States objection, it is so ordered. United States-Israeli citizen, that began on on September 11, 2001. June 12, 2014. SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR There being no objection, the Senate SAFETY There being no objection, the Senate proceeded to consider the resolution. Mr. BROWN. Mr. President, I ask proceeded to consider the bill. Mr. REID. I ask unanimous consent unanimous consent that the Sub- Mr. REID. Mr. President, I ask unan- the concurrent resolution be agreed to, committee on Clean Air and Nuclear imous consent that the bill be read a and the motion to reconsider be laid Safety of the Committee on Environ- third time and passed and that the mo- upon the table, with no intervening ac- ment and Public Works be authorized tion to reconsider be considered made tion or debate. to meet during the session of the Sen- and laid upon the table. The PRESIDING OFFICER. Without ate on July 29, 2014 at 2:30 p.m., in The PRESIDING OFFICER. Without objection, it is so ordered. room SD-406 of the Dirksen Senate Of- objection, it is so ordered. The concurrent resolution (H. Con. fice Building, to conduct a hearing en- The bill (S. 2577) was ordered to be Res. 106) was agreed to. titled, ‘‘Examining the Threats Posed engrossed for a third reading, was read f by Climate Change.’’ the third time, and passed, as follows: PHI BETA SIGMA FRATERNITY, The PRESIDING OFFICER. Without S. 2577 INC. 100TH ANNIVERSARY objection, it is so ordered. Be it enacted by the Senate and House of Rep- SUBCOMMITTEE ON INTERNATIONAL TRADE, resentatives of the United States of America in Mr. REID. Mr. President, I ask unan- CUSTOMS AND GLOBAL COMPETITIVENESS Congress assembled, imous consent that the Senate proceed Mr. BROWN. Mr. President, I ask SECTION 1. REWARDS AUTHORIZED. to the consideration of S. Res. 527, unanimous consent that the Sub- (a) IN GENERAL.—In accordance with the which was submitted earlier today. committee on International Trade, Rewards for Justice program authorized The PRESIDING OFFICER. The Customs and Global Competitiveness of under section 36(b) of the State Department clerk will report the resolution by Basic Authorities Act of 1956 (22 U.S.C. title. the Commmittee on Finance be author- 2708(b)), the Secretary of State shall offer a ized to me during the session of the The assistant legislative clerk read reward to any individual who furnishes infor- as follows: Senate on July 29, 2014 at 2:30 p.m., in mation leading to the arrest or conviction in room SD-215 of the Dirksen Senate Of- any country of any individual for commit- A resolution (S. Res. 527) congratulating fice Building, to conduct a hearing en- ting, conspiring or attempting to commit, or the members of Phi Beta Sigma Fraternity, titled, ‘‘The U.S.-Korea Free Trade aiding or abetting in the commission of the Inc. for 100 years of service throughout the United States and the world, and com- Agreement: Lessons Learned Two kidnapping and murder of Naftali Fraenkel. (b) LIMIT ON TOTAL REWARDS.—The total mending Phi Beta Sigma Fraternity, Inc. for Years Later.’’ exemplifying the ideals of brotherhood, The PRESIDING OFFICER. Without amount of rewards offered under subsection (a) may not exceed $5,000,000. scholarship, and service while upholding the objection, it is so ordered. motto ‘‘Culture for Service and Service for f f Humanity’’. There being no objection, the Senate PRIVILEGES OF THE FLOOR AUTHORIZING USE OF THE CAPITOL GROUNDS proceeded to consider the resolution. Mr. FRANKEN. Mr. President, I ask Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- unanimous consent that my counsel imous consent that the resolution be imous consent that the Senate proceed detailee, Helen Gilbert, be granted agreed to, the preamble be agreed to, to H. Con. Res. 103, which is at the floor privileges for the remainder of and the motions to reconsider be con- desk. this Congress. sidered made and laid upon the table. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The The PRESIDING OFFICER. Without objection, it is so ordered. clerk will report the concurrent resolu- objection, it is so ordered. Mr. WYDEN. Mr. President, I ask tion by title. The resolution (S. Res. 527) was unanimous consent that privileges of The assistant legislative clerk read agreed to. the floor be granted to Shirin as follows: The preamble was agreed to. Panahandeh and Ryan Meyer, research A concurrent resolution (H. Con. Res. 103) (The resolution (S. Res. 527), with its associates in my office, for the remain- authorizing the use of the Capitol Grounds preamble, is printed in today’s RECORD der of the 113th Congress. for the District of Columbia Special Olym- under ‘‘Submitted Resolutions.’’) pics Law Enforcement Torch Run. The PRESIDING OFFICER. Without f objection, it is so ordered. There being no objection, the Senate Mr. MERKLEY. Mr. President, I ask proceeded to consider the resolution. CELEBRATING THE 125TH ANNI- unanimous consent that my intern, Mr. REID. I ask unanimous consent VERSARY OF NORTH DAKOTA Shelby Stepper, be granted privileges that the concurrent resolution be STATEHOOD of the floor for the balance of the day. agreed to and the motion to reconsider Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Without be laid upon the table with no inter- that the Senate proceed to S. Res. 528. objection, it is so ordered. vening action or debate. The PRESIDING OFFICER. The Mr. GRASSLEY. Mr. President, I ask The PRESIDING OFFICER. Without clerk will report the resolution by unanimous consent that Kelli Andrews objection, it is so ordered. title.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5070 CONGRESSIONAL RECORD — SENATE July 29, 2014 The assistant legislative clerk read UNANIMOUS CONSENT AGREE- time for the two leaders be reserved for as follows: MENT—EXECUTIVE CALENDAR their use later in the day; that fol- A resolution (S. Res. 528) celebrating the Mr. REID. Mr. President, I ask unan- lowing any leader remarks, the Senate 125th anniversary of North Dakota State- imous consent that notwithstanding resume consideration of S. 2569; that hood. rule XXII, following the vote on the there be 1 hour for debate equally di- There being no objection, the Senate motion to invoke cloture on the mo- vided and controlled between the two proceeded to consider the resolution. tion to proceed to S. 2648, the Senate leaders or their designees; that upon Mr. REID. I ask unanimous consent proceed to executive session to con- the use or yielding back of that time, that the resolution be agreed to, the sider Calendar Nos. 535, 783, and 729; the Senate proceed to vote on the mo- preamble be agreed to, and the motions that there be 2 minutes for debate tion to invoke cloture on S. 2569. to reconsider be laid upon the table, equally divided between the two lead- The PRESIDING OFFICER. Without with no intervening action or debate. ers or their designees prior to each objection, it is so ordered. The PRESIDING OFFICER. Without vote; that upon the use or yielding f objection, it is so ordered. back of time the Senate proceed to PROGRAM The resolution (S. Res. 528) was vote without intervening action or de- agreed to. bate on the nominations listed; that Mr. REID. Mr. President, at approxi- The preamble was agreed to. any rollcall votes following the first in mately 10:45 a.m. tomorrow morning, (The resolution, with its preamble, is the series be 10 minutes in length; that there will be a cloture vote on the printed in today’s RECORD under ‘‘Sub- if any nomination is confirmed, the Bring Jobs Home Act. If cloture is not mitted Resolutions.’’) motions to reconsider be considered invoked, there will be an immediate f made and laid upon the table, with no cloture vote on the motion to proceed to S. 2648, the emergency supplemental MEASURE READ THE FIRST intervening action or debate; that no appropriations bill. TIME—S. 2685 further motions be in order to the nom- ination; that any statements related to f Mr. REID. Mr. President, I under- the nomination be printed in the stand S. 2685 is due for its first reading. RECORD and the President be imme- ORDER FOR ADJOURNMENT The PRESIDING OFFICER. The diately notified of the Senate’s action Mr. REID. Mr. President, if there is clerk will read the bill by title for the and the Senate then resume legislative no further business to come before the first time. session. Senate, I ask unanimous consent that The assistant legislative clerk read The PRESIDING OFFICER. Without it adjourn under the previous order fol- as follows: objection, it is so ordered. lowing the remarks of Senator GRASS- A bill (S. 2685) to reform the authorities of Mr. REID. For the information of all LEY for up to 1 hour. the Federal Government to require the pro- Senators, we expect the nominations to The PRESIDING OFFICER. Without duction of certain business records, conduct be considered in this agreement to be objection, it is so ordered. electronic surveillance, use pen registers and trap and trace devices, and use other forms confirmed by voice vote. The Senator from Iowa. of information gathering for foreign intel- f f ligence, counterterrorism, and criminal pur- poses, and for other purposes. AMENDING THE INTERNATIONAL DETENTION OF DANIEL CHONG Mr. REID. I ask for a second reading RELIGIOUS FREEDOM ACT OF 1998 Mr. GRASSLEY. Mr. President, and object to my own request. Mr. REID. Mr. President, I ask unan- today I come to the floor to speak The PRESIDING OFFICER. Objec- imous consent that the Senate proceed about the unconscionable way in which tion having been heard, the bill will be to the consideration of Calendar No. the Drug Enforcement Administration read for the second time on the next 475, H.R. 4028. treated Daniel Chong, a San Diego col- legislative day. The PRESIDING OFFICER. The lege student, back in 2012. Unfortu- f clerk will report the bill by title. nately, the American people still do The assistant legislative clerk read not know all the facts. They do not UNITED STATES INTELLIGENCE as follows: know what lasting changes are being PROFESSIONALS DAY A bill (H.R. 4028) to amend the Inter- made to make sure something like this Mr. REID. Mr. President, I ask unan- national Religious Freedom Act of 1998 to in- never happens again. And they do not imous consent that the Judiciary Com- clude the desecration of cemeteries among know what is being done to hold the mittee be discharged from further con- the many forms of violations of the right to DEA agents involved accountable be- sideration of S. Res. 521. religious freedom. cause if people are not held account- The PRESIDING OFFICER. Without There being no objection, the Senate able, there are not going to be any objection, it is so ordered. proceeded to consider the bill. changes made. Most of the time, for The clerk will report the resolution Mr. REID. Mr. President, I ask unan- people to be held accountable, heads by title. imous consent that the bill be read a have to roll, and there is no evidence The assistant legislative clerk read third time and passed and the motion that is the case in this particular case. as follows: to reconsider be considered made and But here is what we do know. It is a A resolution (S. Res. 521) designating July laid upon the table, with no inter- story that you might expect to hear set 26, 2014, as ‘‘United States Intelligence Pro- vening action or debate. in some Third World country but never fessionals Day.’’ The PRESIDING OFFICER. Without in the United States of America. So There being no objection, the Senate objection, it is so ordered. here it is. proceeded to consider the resolution. The bill (H.R. 4028) was ordered to a Back in April 2012, Daniel Chong, a Mr. REID. Mr. President, I ask unan- third reading, was read the third time, college student at the University of imous consent that the resolution be and passed. California, San Diego, was arrested by agreed to, the preamble be agreed to, f law enforcement conducting a sweep and the motions to reconsider be con- for drugs at a college party. He was sidered made and laid upon the table. ORDERS FOR WEDNESDAY, JULY taken into custody by the DEA and The PRESIDING OFFICER. Without 30, 2014 transported to the local DEA field of- objection, it is so ordered. Mr. REID. Mr. President, I ask unan- fice. He was questioned by the agents The resolution (S. Res. 521) was imous consent that when the Senate who had arrested him, and the agents agreed to. completes its business today, it ad- apparently concluded that there was no The preamble was agreed to. journ until 9:30 a.m. on Wednesday, basis to charge him with a crime. The (The resolution, with its preamble, is July 30, 2014; that following the prayer young man may well have simply been printed in the RECORD of Thursday, and pledge, the morning hour be in the wrong place at the wrong time. July 24, 2014, under ‘‘Submitted Resolu- deemed expired, the Journal of pro- The agents told him he was going to tions.’’) ceedings be approved to date, and the be released. But Daniel Chong was not

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5071 released. Instead, he was taken back to inspector general finally issued its re- they still arresting other people, toss- a holding cell in handcuffs, and he was port of the investigation. We still do ing them behind bars and leaving them left there for dead for 5 days—5 days not know the full truth about what for dead? without food, 5 days without water, 5 happened to Daniel Chong. In many The problem does not stop here. Ac- days without sunlight, 5 days without ways the inspector general’s report cording to the report, the DEA may any basic necessities of life, in a hold- raises more questions than it answers, have tried to cover up this entire ing cell not much larger than a bath- and what the report does tell us is event. The inspector general learned room stall. He cried out for help. He quite disturbing. about what happened to Daniel Chong kicked and banged on the door of the According to the report, Daniel from an anonymous whistleblower who cell but to no avail. He became so des- Chong was not just forgotten by the called one of its field offices. perate and dehydrated that he even agents who arrested him; he was ig- This is another example of the value drank his own urine in an effort to sur- nored by other DEA employees who of whistleblowers, heroes who stand up vive. Incredibly, the one thing Daniel knew he was there but assumed he was for what is right, sometimes at great Chong found in his cell that he tried to somebody else’s problem. personal risk. According to the IG’s re- live on turned out to be some meth- And the report suggests the DEA port, the whistleblower indicated that amphetamine. That is right, he found may have tried to cover up the whole the DEA ‘‘was trying to contain this an illegal drug in the DEA’s own hold- event. matter locally.’’ That is another way ing cell. Apparently, it was never According to the report, there were of saying, essentially, that a coverup searched before Mr. Chong was tossed three DEA agents and a supervisor di- could be in the works. inside. It got so bad that this young rectly responsible for making sure this Incredibly, as it turns out the DEA man tried to kill himself. He tried to young man was not abandoned in that office in San Diego assigned the very carve the words ‘‘sorry Mom’’ into his holding cell. So it is obvious these four agents who were responsible for Daniel own skin. He intended it to be the last agents failed miserably in their respon- Chong’s captivity to process the hold- message for anyone to pass on who sibilities. But it gets even worse. Ac- ing cell area where Chong was held for might one day discover his lifeless cording to the report, at least four days. That is right. The agents who left body in that DEA holding cell. other agents passed in and out of the Chong behind bars for 5 days were as- After 5 days someone finally re- holding cell area during the 5 days signed to investigate their own egre- sponded to Daniel Chong’s call for help. Daniel Chong was imprisoned. These gious mistakes—kind of like the fox He was taken immediately to the hos- four agents admitted they had either guarding the chicken house. pital. He was found to be suffering from seen or heard Chong in his cell, but DEA management also decided that extreme dehydration, hypothermia, they simply assumed someone else was it was going to conduct its own inter- kidney failure, and cuts and bruises on going to take care of him—in other nal management review of the inci- his wrists. It took 4 days to nurse him words, he was somebody else’s problem. dent; that is, it would conduct it is own back to health. Daniel Chong was arrested on a Sat- interviews and investigations before This all occurred in April 2012. Soon urday. One of those agents saw him in DEA notified anybody else. DEA man- after I learned of it, I sent a letter to the cell on Sunday, and one saw him agement justified this decision by tell- the DEA Administrator demanding to there on Monday, and another two ing the inspector general that it as- know what could have led to such a ca- agents either saw him or heard him on sumed the conduct ‘‘which resulted in lamity. I asked how, in a modern age of Wednesday, but nothing compelled Chong’s detention did not amount to computers and surveillance cameras, it these law enforcement officers to ad- misconduct and was not criminal.’’ was possible that an innocent person dress his plight because they did not But, of course, as the inspector general could be left for dead in a DEA holding believe anything was amiss. found, it should have been readily ap- cell. I asked about the DEA policies I hope to all my colleagues that what parent to DEA management that this and procedures in place to help prevent I just told you is very difficult to be- was not true. Of course, DEA manage- this from ever happening again. And I lieve. ment may have calculated that under- asked whether those responsible for In addition, Daniel Chong’s holding taking its own investigation could what happened to Mr. Chong were cell was near a workspace area used by head off an independent outside review; going to be held accountable. dozens of DEA personnel. According to indeed, perhaps the investigation could It took the DEA more than a year to the report, anyone in that workspace even be contained ‘‘locally.’’ How many respond to my questions—more than a could have clearly heard banging and other DEA misdeeds have been simi- year. In June 2013 the DEA trotted out yelling from inside the cell. larly contained? the familiar response we so often hear But not a single one of the 25 DEA So it is obvious what happened. It is from bureaucrats when they do not employees interviewed by the inspector outrageous. How it was handled is out- want to tell you what really happened. general who worked this area could re- rageous. We need to know more about They said at that time the DEA could call hearing any unusual noises during why the inspector general was not not comment on many aspects of the the time Daniel Chong was imprisoned called in immediately—that is, even as matter because the Department of Jus- there. So this is very difficult to be- DEA policy requires—rather than hav- tice’s own inspector general was con- lieve. It defies all common sense. It ing people who conducted the wrong- ducting a review. The DEA assured me contradicts what Daniel Chong says he doing investigating, in a sense, them- that, in their words, an ‘‘interim’’ pol- did by crying out for help and banging selves. We need to know if indeed this icy had been adopted to make sure no on his holding cell door. It contradicts was a deliberate attempt to sweep this other innocent people would be aban- what his injuries tell us he did. It con- dereliction of duty under the rug. doned in a prison cell and left for dead. tradicts what anyone left in a holding The DEA is entrusted with a lot of But the American people would have to cell without the basic necessities of life responsibility and authority. We ask wait for a permanent policy change and for days would do. the DEA to enforce our drug laws. We a full accounting until after the inspec- Why did no one respond to Daniel ask the DEA to protect our commu- tor general finished its investigation. Chong’s cries for help? The report does nities. The DEA has a very tough job. Just a month later, in July 2013, the not even attempt to answer that ques- The Obama administration is not mak- DEA announced it would be handing tion. ing that job any easier because this ad- over $4.1 million to Daniel Chong to These eight DEA agents were in some ministration is undermining the DEA settle his lawsuit. Mr. President, $4.1 way responsible for this young man’s by turning a blind eye to illegal mari- million of taxpayer money—almost $1 wrongful captivity. The report does not juana trafficking. It is trying to re- million for each day he spent forgotten say what happened to these agents. lease convicted drug dealers from our and also ignored in that dark and drug- This is where you get into account- prisons. It is trying to reduce the infested DEA holding cell. ability. Who is responsible? Are heads criminal penalties and minimum man- Now, up to date, finally, just this going to roll so this behavior changes? datory sentences for drug dealers who month and more than 2 years after this Are these agents still working for the are still on the streets peddling death debacle, the Department of Justice’s DEA? Have they been disciplined? Are in our communities. So I understand

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE S5072 CONGRESSIONAL RECORD — SENATE July 29, 2014 these are very challenging times for the structural limits on government people could spend on guns or limited the DEA. power contained in the original Con- how much people could spend of their When the DEA or any law enforce- stitution would adequately protect the own money on health care? ment agency neglects its responsibil- liberties they had fought the Revolu- Under this amendment Congress ities and then possibly even covers up tion to preserve. So when the people could do what the Citizens United deci- wrongdoing, then those who are re- came to the conclusion that the origi- sion rightfully said it could not—make sponsible must be held accountable. So nal Constitution would not protect it a criminal offense for the Sierra I have to ask, if the employees at DEA their liberties, the people living in the Club to run an ad urging the public to are not held accountable, what needs States at that time insisted on the defeat a Congressman who favors log- to happen in order for action to be adoption of this very important Bill of ging in the national forest or for the taken? Do we need to wait until some- Rights. National Rifle Association to publish a one dies? The Bill of Rights protects individual book seeking public support for a chal- The DEA’s conduct in this case is in- rights regardless of whether the gov- lenger to a Senator who favors a hand- excusable. After 2 years and more than ernment or the majority approve of gun ban or for the ACLU to post on its $4 million of taxpayer money, the DEA their use. The first amendment in the Web site a plea for voters to support a owes the American people more an- Bill of Rights protects freedom of Presidential candidate because of his swers. The American people deserve an- speech. That freedom is basic to self- stance on free speech. That should, for swers to the questions I posed in my government. Other parts of the Con- everybody, be a frightening prospect. letter to the DEA back in May of 2012, stitution foster equality or justice or Under this amendment, Congress and so, not getting a proper answer, I will representative government, but it is the States could limit campaign con- be writing to the DEA again this week the Bill of Rights—that Bill of Rights tributions and expenditures without to pose additional questions, including is only about individual freedom. Free even complying with the existing con- about the possibility of a coverup. speech creates a marketplace of ideas stitutional provisions. Congress could Most importantly, the American peo- in which citizens can learn, debate, pass a law limiting expenditures by ple deserve to know that those respon- persuade fellow citizens on the issues Democrats, but not by Republicans—by sible for the detention and the mis- of the day. At its core it enables the opponents of ObamaCare, but not by its treatment of Daniel Chong will be held citizenry to be educated, to cast votes, supporters. What does the amendment mean accountable for this horrendous event. to elect our leaders. when it says that Congress can limit CONSTITUTIONAL AMENDMENT Today freedom of speech is threat- I come to the floor also to discuss a ened as it has not been in many dec- funds spent to influence elections? If an elected official says he or she plans constitutional amendment the Judici- ades. Too many people will not listen to run again, long before any election, ary Committee has just reported to the and debate and persuade. Instead, they Congress, under this amendment, could Senate. The amendment would amend want to punish, intimidate, and silence criminalize criticism of that official as the Bill of Rights for the first time. those with whom they might disagree. A corporate executive who opposes spending to influence the elections. Let me repeat that. The amendment A Senator on the Senate floor ap- same-sex marriage—the same position would amend the Bill of Rights for the pearing on C–SPAN, free of charge that President Obama held at the very first time. I think that is a slippery could, with immunity, defame a pri- time—is to be fired. Universities that slope. It would amend one of the most vate citizen. The Member could say are supposed to foster academic free- important of those rights—the right of that the citizen was buying the elec- free speech. dom cancel graduation speeches by tions. If the citizen spent what Con- The first amendment provides that speakers some students find offensive. gress has said was too much money to Congress shall make no laws abridging Government officials order other gov- rebut the charge, he could go to jail. freedom of speech. The proposed ernment officials not to deviate from We would be back to the days when amendment would give Congress and the party line concerning proposed leg- criticism of elected officials was a the States the power to abridge free islation. criminal offense during the Alien and This resolution filed by the Judiciary speech. It would allow them to impose Sedition Acts. Yet its supporters say reasonable limits—whatever the word Committee, S.J. Res. 19, is cut from that this amendment is necessary to ‘‘reasonable’’ might mean at a par- the same cloth. It would amend the preserve democracy. ticular time—on contributions and ex- Constitution for the first time to di- The only existing right that the penditures. By so doing, that has to be minish an important right of Ameri- amendment says it will not harm is putting limits on speech, particularly cans; that is, a right contained in the freedom of the press. So Congress and speech that is very valuable in this Bill of Rights. In fact, it would cut the States could limit the speech of country—political speech; in other back on the most important of these anyone except corporations that con- words, trying to influence the direction rights—core free speech about who trol the media. That would produce an of our country through elections. It should be elected to govern us. Orwellian world in which every speaker would allow speech by corporations The proposed constitutional amend- is equal but some speakers are more that would influence the elections to ment would enable government to equal than others. be banned altogether. limit funds contributed to candidates Freedom in the press has never been This amendment is as dangerous as and funds spent influencing the elec- understood to give the media special anything Congress could pass. Were it tion. That would give the government constitutional rights denied to others. to be adopted—I believe it will not be the ability to limit speech. The amend- Even though the amendment by its adopted—the damage done could be re- ment would allow the government to terms would not affect freedom of the versed only if two-thirds of both set the limit at low levels. There could press, I was heartened to read that the Houses of Congress voted to repeal it be little in the way of contributions or largest newspaper in my State, the Des through a new constitutional amend- election spending. There could be re- Moines Register, editorialized against ment. Then, of course, three-fourths of strictions on public debate on who this amendment amending the Bill of the States ratify that new amendment. should be elected. Incumbents would Rights. They cited testimony from our I would like to start with some basic find that outcome—well, you guessed hearing, and they recognize the threat first principles. The Declaration of it—to be very successful because it pro- that the proposed amendment poses to Independence states that everyone is tects incumbents. They would know freedom. endowed by their Creator with that no challengers could run an effec- But in light of recent Supreme Court unalienable rights that governments tive campaign against them. decisions, an amendment soon may not are created to protect. Those pre- What precedent would this amend- be needed at all. Four Justices right existing rights include the right to lib- ment create? Suppose Congress passed now would allow core political speech erty. limits on what people could spend on to be restricted. Were a fifth Justice The Constitution was adopted to se- abortions or what doctors or hospitals with this view to be appointed, there cure the blessings of liberty to Ameri- could spend to perform them? What if would be no need to amend the Con- cans. Americans rejected the view that Congress limited the amount of money stitution to cut back on the freedom.

VerDate Sep 11 2014 13:34 Oct 06, 2015 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD14\JUL 2014\S29JY4.REC S29JY4 vlivingston on DSKHW7XVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — SENATE S5073 Justice Breyer’s dissent for these fice. Then the individual would have to Isn’t that the goal that we should four Justices in the McCutcheon deci- risk criminal prosecution in deciding seek through the political process? sion does not view freedom of speech as whether to speak, hoping that a court Having parties led to more speech from an end in itself the same way that our would later find that the limit he or more candidates for longer periods of Founding Fathers did. He thinks free she exceeded was unreasonable. time and ultimately more competitive political speech is about advancing This would create not a chilling ef- elections. ‘‘the public’s interest in preserving a fect on speech, but, in fact, a very Incumbents are unlikely to use this democratic order in which collective freezing effect. new power to welcome that competi- speech matters.’’ This does not further democratic tion. To be sure, individual rights often self-government. The amendment In fact, the committee report indi- advance socially desired goals, but our would apply to some campaign speech cates that State and Federal legisla- constitutional rights do not depend on that cannot give rise to corruption. tors are not the only people who would whether unelected judges believe they For instance, under current law, an have the ability to limit campaign advance democracy as they conceive it. individual could spend any amount of speech under this amendment. Our constitutional rights are indi- his or her own money to run for office. It says that the States and the Fed- vidual, not collective, as Justice An individual could not corrupt him- eral Government can promulgate regu- Breyer says. Never in 225 years has any self with his own money and could not lations to enforce the amendment. So Supreme Court opinion described our be bought by others if he or she did not you have unelected State and Federal rights as collective. Our rights come rely on outside money, but the amend- bureaucrats, who do not answer to any- from God and not from the government ment would allow Congress and the one, being empowered to regulate what or the public. At least that is what the States to strictly limit what even an is now the freedom of speech of individ- writers of the Declaration of Independ- individual could contribute to or spend uals and entities that for 230 years has ence said. on his or her own campaign. That been protected by the Bill of Rights. Consider the history of the past 100 would make beating the incumbent, That all makes a mockery of the idea years. Freedom has flourished where who would benefit from the new powers that this proposed amendment would rights belong to individuals that gov- to restrict speech, much more difficult. advance democracy and that argument ernments were bound to respect. Where In practice, individuals seeking to is used by its proponents. rights are collective and existed only elect candidates in the democratic Another argument for the amend- ment—some voices should not drown at the whim of a government that de- process must exercise their First out others—also runs counter to free termines when they serve socially de- Amendment freedom of association to speech. It also is elitist. It assumes sirable purposes, the results have been work together with others. This that voters will be manipulated into literally horrific: no freedom, no de- amendment could prohibit that alto- voting against their interests because mocracy. gether. large sums will produce so much speech We should not move even 1 inch in It would permit Congress and the as to drown out others and blind them that direction that the liberal Justices States to prohibit ‘‘corporations or ar- did and that simultaneously this to the voters’ true interests. tificial entities . . . from spending Tell that to the voters in Virginia’s amendment would take us. The stakes money to influence elections.’’ Now, Seventh Congressional District. That could not be higher for all Americans that even means labor unions. That incumbent Congressman outspent his who value their rights and freedoms. means nonprofit corporations such as opponent 26 to 1. Newspaper reports Speech concerning who the people’s the NAACP Legal Defense and Edu- state that large sums were spent on elected representative should be, cational Fund. That means political independent expenditures on the in- speech setting the agenda for public parties. cumbent’s behalf, many by corpora- discourse, speech designed to open and The amendment will allow Congress tions. No independent expenditures change the minds of our fellow citizens, to prohibit political parties from were made for their opponent, but yet speech criticizing politicians, and spending money to influence elections. his opponent won. speech challenging government and its If they can’t spend money on elections, That doesn’t seem to be drowning out policies are all vital rights. This then they would be rendered as a mere people making their own decisions in amendment puts all of them in jeop- social club. the ballot box, and it is not some ardy upon the penalty of imprison- The prohibition on political spending undue influence that proponents of this ment. It would make America no by for-profit corporations also does not amendment want you to believe that longer America. advance democracy. this constitutional amendment can do Contrary to the arguments of its sup- Were this amendment to take effect, away with undue influence. Just think, porters, the amendment would not ad- a company that wanted to advertise 26 to 1, trying to convince people to vance self-government against corrup- beer or deodorant would be given more vote for an incumbent Congressman, tion and the drowning out of voices of constitutional protection than a cor- and he loses. ordinary citizens. No, just the opposite. poration of any kind that wanted to in- Let me say this. The exact amount of It would harm the rights of ordinary fluence an election. money that the winner of that primary citizens—individually, as well as in The philosophy of the amendment is spent was just over $200,000 to win 55 free associations—to advance their po- very elitist. It says the ordinary cit- percent of that vote. litical views and to elect candidates izen cannot be trusted to listen to po- Since a limit that allowed a chal- who support their views. litical arguments and evaluate which lenger to win would presumably be rea- By limiting campaign speech, it ones are persuasive. sonable under the amendment, Con- would limit the information that vot- Instead, incumbent politicians inter- gress or the States could limit spend- ers receive in deciding how to vote. It ested in securing their own reelections ing on House primaries to as little as would limit the amount that people are trusted to be high-minded. Surely, $200,000, all by the candidate with no can spend on advancing what they con- they would not use this new power to obviously unnecessary outside spend- sider to be the best political ideas. Its develop rules that could silence not ing allowed. restrictions on speech apply to individ- only their actual opposing candidates, The second set of unpersuasive argu- uals. Politicians could apply the same but associations of ordinary citizens ments concerns the Supreme Court de- rules to individuals who govern cor- who have the nerve to want to vote cision Citizens United. That case has porations. Perhaps individuals cannot them out of office. been mischaracterized as activist. be totally prohibited from speaking, As First Amendment luminary Floyd Again, I wish to say what Mr. but the word ‘‘reasonable’’ is in the Abrams told our committee: Abrams testified before the committee. amendment but that word limits can ‘‘[P]ermitting unlimited expenditures He said that case continues a view of mean anything. Incumbents likely from virtually all parties leads to more free speech rights by unions and cor- would set a low limit on how much an speech from more candidates for longer porations that was expressed by Presi- individual can spend to criticize them; time periods, and ultimately more dent Truman and by liberal Justices in that is, incumbents protecting their of- competitive elections.’’ the 1950s.

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HONORING THE LIFE OF MAURINE band, Wendell Cox; her grandson, Chris Cain, that hammer he worked day and night in order WILLIAMSON CAIN and his fiance´e, Ami Wester; and three grand- to establish himself, and not live off govern- children, Jackson, Johnny, and Annie Cox. ment assistance. He toiled for months with the HON. RALPH M. HALL Mr. Speaker, I ask my colleagues to join me goal of opening his own cigar factory, so that OF TEXAS in celebrating the life of Maurine Williamson he could produce cigars just like the ones he IN THE HOUSE OF REPRESENTATIVES Cain and the positive impact she had upon used to smoke in Cuba. After managing to her community. She was a woman of faith and save $600 he was able to open Padro´n Cigars Tuesday, July 29, 2014 family who believed ‘‘you never stand taller on September 8, 1964 in the Little Havana Mr. HALL. Mr. Speaker, I rise today in honor than when you stoop to help a child.’’ I believe neighborhood of Miami. of the life of Maurine Williamson Cain of we can all learn from her example. Mr. Padro´n began by using tobacco from Rockwall who passed away June 19 at the f Connecticut. However, in order to meet de- age of 95. Maurine was a faithful church mem- mand he opened a factory in Nicaragua in ber; dedicated wife, mother, and grandmother; IN RECOGNITION OF ELIZABETH- 1970. Political turmoil at the time led to the a crucial member of the Rockwall community TOWN COMMUNITY AND TECH- burning of their factory in 1978, but it was re- in her role as an educator; and a dear friend NICAL COLLEGE CELEBRATING 50 stored in 1979. Further issues arose in 1985, of mine. YEARS OF EDUCATIONAL EXCEL- which forced him to shift production to Hon- The youngest of five children, Maurine was LENCE duras. However, today his company continues born May 27, 1919 in Forney, Texas to two to thrive, and is back to manufacturing its loving parents—Jim and Grace Williamson. HON. BRETT GUTHRIE award-winning cigars in Nicaragua. Padro´n’s She grew up in Chisholm and Rockwall and OF KENTUCKY cigars are continuously rated as one of the enjoyed an active and involved family life. IN THE HOUSE OF REPRESENTATIVES best cigars in the world, and have won yearly After Maurine graduated from Rockwall High awards for their exceptional quality. Mr. School in 1936, her brother Clifford and his Tuesday, July 29, 2014 Padro´n himself has been inducted into Cigar wife Elva helped Maurine with her first step Mr. GUTHRIE. Mr. Speaker, I rise today in Aficionado’s Hall of Fame. into higher education. She studied two years recognition of Elizabethtown Community and On a more personal level, I have known the at Texas Military College in Terrell, Texas and Technical College (ECTC). Headquartered in Padro´n family for many years. Jose and my continued her education at East Texas State Elizabethtown, KY, ECTC will celebrate 50 father were very good friends, and the family Teachers College (known today as Texas years of educational excellence and service to has since become very close friends of mine. A&M University–Commerce) where she Kentuckians during the 2014–2015 school They are truly one of the most exceptional, earned her Bachelor of Science and Master of year. loyal, trustworthy, and caring friends I have Education degrees. She then began her 38- For five decades, ECTC has enriched the and I cherish our families continued friendship. year career as an educator at Scurry Rosser lives of its students by providing access to It is a privilege to know Jose, his children, and High School and Quinlan High School. quality and affordable academic, technical and the rest of the Padro´n family. In addition, they On June 8, 1941, Maurine married Ted Cain community education programs. By partnering have been devoted to their company, their in Holdenville, Oklahoma. The couple cele- with the public, these efforts have been felt by employees, and the Miami community since its brated the birth of their son, Dewayne, as well the community as well. inception. Today, the Padro´n family’s dedica- as the births of two grandchildren and three From 355 enrolled students in 1964, to tion has made Padro´n Cigars an irreplaceable great-grandchildren over the course of their 7,000 today—it is clear that ECTC has blos- company for South Florida, and their family 70-year marriage before Ted passed away in somed into a strong institution of learning. has become a treasure for the community. 2012. With four campuses and additional extended Mr. Speaker, I am honored to congratulate One year after their marriage, Ted left campus sites, ECTC directly serves 12 coun- Padro´n Cigars, and the entire Padro´n family, Texas to serve overseas in World War II. At ties in the Commonwealth of Kentucky. as they celebrate this milestone. I am certain home, Maurine worked at the defense plant in To everyone at ECTC—your commitment to that we can all look forward to many more Garland and began teaching in a one-room the education of future leaders is commend- years of outstanding cigars, and I ask my col- school known as Locust Grove Community able and I hope you are very proud of this leagues to join me in recognizing their out- School. She taught all seven grades by herself achievement. I join with all of Kentucky’s Sec- standing achievement. and also served as school janitor, cook, and ond District in congratulating everyone at f nurse. Maurine spent the last 34 years of her ECTC on reaching this milestone and wish RECOGNIZING MEDAL OF HONOR career in education teaching various grade you many more years of continued success. RECIPIENT WILLIAM R. CHARETTE levels at Rockwall Elementary School and f Dobbs Elementary School before retiring in ´ 1987. CONGRATULATING PADRON CI- HON. BILL HUIZENGA In honor of Maurine’s dedication to edu- GARS ON THEIR 50TH ANNIVER- OF MICHIGAN cating the children of the Rockwall Commu- SARY IN THE HOUSE OF REPRESENTATIVES nity, on October 17, 1999 the Rockwall Inde- Tuesday, July 29, 2014 pendent School District named and dedicated HON. MARIO DIAZ–BALART Mr. HUIZENGA of Michigan. Mr. Speaker, I Cain Middle School in her honor. Maurine en- OF FLORIDA rise today to recognize Medal of Honor Recipi- joyed being involved with the school and at- IN THE HOUSE OF REPRESENTATIVES ent, Master Chief Hospital Corpsman William tended many pep rallies, awards ceremonies, R. Charette, for his commendable service in Tuesday, July 29, 2014 and other school events. the Korean War. In addition to her involvement with the Mr. DIAZ–BALART. Mr. Speaker, I rise William Charette was born in Ludington, Rockwall school system, Maurine maintained today to congratulate the Padro´n family on the Michigan. He stayed in Michigan until he close relationships with her church family at 50th anniversary of Padro´n Cigars founding. signed with the U.S. Navy on January 11, the First Baptist Church of Rockwall and its Padro´n Cigars is a landmark institution in the 1951. Charette served in the United States Ruth Sunday School class. She was also a Miami community, and is well-deserving of Navy from 1951–1977. During his years of member of Sigma Tau Delta, Alpha Chi, and recognition. service, William Charette served in Korea, the Texas State Teachers Association. Mr. Jose Orlando Padro´n arrived in Miami in where he was a part of the 2nd Battalion of Maurine is survived by her son, Dewayne 1962 from Cuba. He was thirty-six years old the 7th Marines. Cain, and his wife, Ann Atkins Cain; her and soon began work as a carpenter, after re- On March 27, 1953, Charette was serving granddaughter, Amy Cain Cox, and her hus- ceiving a small hammer from a friend. With near Panmunjom, Korea, when his company

∑ 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 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JY8.001 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1256 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2014 was attacked by enemy troops. Charette in that legislative body by a few years. But I host and producer of ‘‘Taft Heritage,’’ a local worked quickly to treat his fellow soldiers as came to know Vince well, first as a local elect- television program supported by the West best he could. While treating one soldier, a ed official, and later as Vince would visit my Kern Oil Museum and Taft High School, and grenade landed near them, and Charette office as a government relations official fol- an active writer for his column in the local threw himself on top of the other soldier in an lowing his years of public service. Vince paper titled ‘‘Remember When,’’ Pete cham- effort to absorb the blast. Although the blast Graber was always knowledgeable and always pions the message that there is always some- destroyed Charette’s medical kit he continued prepared, and gave those to whom he was re- thing to learn from the rich history of the city to treat soldiers by tearing off pieces of his sponsible—his family, his constituents and, of Taft. uniform to help treat wounds. At one point, a later, his clients—the very best he had to Pete’s dedication and service to Taft has soldier was so badly wounded that he was un- offer. not gone unnoticed and next month, the Taft able to move on his own accord. Charette The son of the late Howard and Eileen City Council will proclaim August 23, 2014 as stood up in the trench and lifted the man and Graber, Vince was a United States Army vet- ‘‘Pete Gianopulos Day.’’ On that day, it is my carried him through enemy fire to safety. For eran of the Korean Conflict and was the recipi- hope that all the residents of Taft look to this his actions, William Charette was awarded the ent of countless honors and awards through- man’s history as a source of inspiration for Congressional Medal of Honor from President out his long career. Vince leaves behind a what it means to be a citizen of the people. Dwight D. Eisenhower on January 12, 1954. large and loving extended family, including his Mr. Speaker, I ask my colleagues to join me William Charette stands as a shining exam- wife Patricia, their ten children and their own in wishing Pete Gianopulos a very happy 90th ple of bravery and determination that all Amer- families. birthday, and thank him for his many years of icans strive toward. I ask my colleagues to join Mr. Speaker, our community, our state and, dedicated service to the city of Taft. me in honoring Master Chief Hospital Corps- yes, this nation owes a great debt of gratitude man William Charette for his service to the to Vince Graber. His skill and his vision made f United States of America. New York a safer place for motorists, pas- HONORING KYLE MATTHEW OTA, f sengers and pedestrians. I was honored to call Vince Graber my friend, and I am similarly EAGLE SCOUT, BOY SCOUT HONORING THE LIFE OF THE LATE honored to remember and commemorate his TROOP 611, SAN JOSE BUDDHIST ASSEMBLYMAN VINCENT J. many contributions here today. CHURCH BETSUIN GRABER, SR. f HON. ZOE LOFGREN HON. BRIAN HIGGINS TRIBUTE TO PETE GIANOPULOS OF CALIFORNIA OF NEW YORK IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. KEVIN McCARTHY Tuesday, July 29, 2014 Tuesday, July 29, 2014 OF CALIFORNIA Mr. HIGGINS. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES Ms. LOFGREN. Mr. Speaker, I rise to con- gratulate Kyle Matthew Ota, a member of Boy acknowledge the passing of a legislator, col- Tuesday, July 29, 2014 league and friend, the Honorable Vincent J. Scout Troop 611 at the San Jose Buddhist Graber, Sr., who passed away on July 2, Mr. MCCARTHY of California. Mr. Speaker, Church Betsuin and one of my constituents, 2014. I rise today to honor a teacher, soldier, public on achieving of the rank of Eagle Scout in Vince Graber was a public servant of the servant, and community leader who for 90 April of 2014. highest caliber and during his career was years has lived and breathed the city of Taft, Kyle, the son of Pat and Dorothy Ota, among the most effective lawmakers in the California. Born and raised in Taft, Pete began his scouting career as a member of nation. Following his service on the West Sen- Gianopulos has become well-known through- Cub Scout Pack 611 at the San Jose Buddhist eca Town Board, Vince was elected to the out the city as a passionate American and an Church Betsuin, where he earned the Metta New York State Assembly in 1974, displacing active member of his community. and Sangha awards, as well as the Arrow of a Republican incumbent who, after election to When the foundation of American resolve Light. Rising through the ranks, Kyle served the state senate, would go on to be a close was tested by the Second World War, Pete as patrol leader, troop quartermaster, dharma friend, colleague and ally within the powerful answered the call of duty and served honor- scribe, troop scribe, senior patrol leader, and Western New York legislative delegation. In ably with occupational forces near Hiro, Kure, den chief. time, Vince rose to chair the Assembly’s and Hiroshima, Japan as part of the 41st In- Kyle’s Eagle Scout project reflects his long- Transportation Committee; this is where he fantry Division in the Intelligence and Recon- standing commitment to the people of San made his most significant mark. naissance Platoon. When he returned from the Jose, and the residents of Japantown in par- Vince led the way in New York and in the war, Pete completed undergraduate and grad- ticular. Yu-Ai Kai, a stellar community-based nation in authoring legislation designed to uate studies at Taft College and Fresno State organization that promotes healthy aging, make it safer to be a passenger in a motor ve- College before continuing his graduate work at independent living, and high quality of life, pro- hicle in the state of New York. From landmark UCLA, UC Santa Barbara, Cal State Bakers- vides multi-lingual community services, social legislation mandating the use of safety seats field, and Fresno State. Upon returning to Taft, interaction, and a sense of belonging to our el- for children to authorship of the first-in-the-na- Pete began teaching at Lincoln Junior High derly citizens. Seniors and their families fre- tion mandatory seat belt law, to legislation School, and continued his educational career quently pass in front of Yu-Ai Kai’s Akiyama combating and reducing incidences of DWI, for 35 years as an Industrial Arts teacher, a Senior Wellness Center on Jackson Street Vince Graber was a leader in transportation counselor, and the Director of Guidance for while traversing beautiful Japantown, so Kyle policymaking in the United States for better the Taft Union High School District. Though he constructed an outdoor bulletin board in front than a generation. It is not hyperbole to sug- retired from teaching in 1986 after 36 years, of the building. This board displays flyers, gest that a great many Americans—thou- his service to the education community only schedules, and other information that allows sands, to be sure—are alive today because of represents a portion of his public service. seniors to better understand and utilize the Vince’s good work. Pete has served in multiple positions at Akiyama’s many life-improving offerings. Vince eventually rose to leadership in the local levels of government, including the Kyle was a scholar-athlete at St. Francis State Assembly, ending his career as Speaker Oildorado Committee, the Kern County Water High School in Mountain View, where he par- Pro Tempore, where he presided over the District, the Kern View Community Mental ticipated in varsity track and intramurals, daily sessions of the Assembly. In so doing, Health Center Committee, the State of Cali- earned entry into the honor roll and National Vince encouraged and facilitated an orderly fornia Resource Agency, and the Department Honor Society, and was awarded tuition as- and urbane atmosphere within the Assembly of Water Resources. Notably, he served on sistance by the California Scholarship Federa- chamber, a sometimes difficult task in a legis- the Taft City Council in 1961, where only one tion. Kyle now attends San Diego State Uni- lative body known for occasionally raucous de- year later, Pete Gianopulos became Taft’s versity, where the dedication to community bate. mayor, and served as such through 1966. service instilled in him by scouting continues I never served in the State Assembly with Today, Pete continues to serve as an active to make his parents—and all of us in Califor- Vince, as his service predated my own service member of the community. As the founder, nia’s 19th District—very proud.

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K29JY8.004 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1257 IN RECOGNITION OF THE AMER- rapid growth. Slatington incorporated as a bor- CONGRATULATING ANNE FIROR ICAN FELLOWS IN THE GERMAN ough on September 7, 1864. SCOTT ON RECEIVING THE 2013 BUNDESTAG NATIONAL HUMANITIES MEDAL At its peak, the slate industry provided em- ployment for 2,000 people. They worked in the HON. WILLIAM R. KEATING quarries or they worked to produce curbing, HON. DAVID E. PRICE OF NORTH CAROLINA OF MASSACHUSETTS roofing tiles, sidewalks and importantly, school IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES blackboards and slates. Tuesday, July 29, 2014 Tuesday, July 29, 2014 In fact, the specific type and color of the Mr. KEATING. Mr. Speaker, I rise today to slate quarried in Slatington proved to be ideal Mr. PRICE of North Carolina. Mr. Speaker, congratulate eight young Americans for their for use in school blackboards. Slatington be- I rise today to congratulate North Carolina’s Anne Firor Scott on receiving the 2013 Na- outstanding performance in the German Bun- came known as the ‘‘blackboard capital of tional Humanities Medal. Dr. Scott is being destag this summer as fellows in the pres- America.’’ The blackboards and school slates cited ‘‘for pioneering the study of southern tigious International Parliamentary Scholar- produced in Slatington played an important ship. women. Through groundbreaking research role in helping educate children across the spanning ideology, race, and class, Dr. Scott’s Nathan Crist, Gaelen Strnat, Sheila country in the 19th and early 20th centuries. Casserly, Cristina Burack, Betsy Crowder, uncharted exploration into the lives of south- Josef Nothmann, Joe Verbovszky, and Ian van Slatington’s slate products weren’t just ern women has established women’s history Son have been fantastic representatives of the shipped all over the United States—they were as vital to our understanding of the American South.’’ I have the privilege of personally United States during their last five months shipped and bought across the World. knowing Dr. Scott, W.K. Boyd Professor of working with a member of the Bundestag. Even as the slate industry began to fade as History Emerita at Duke, as a former aca- They have learned about the German system other materials became cheaper and because demic colleague, constituent, and friend. of government and contributed to our strong of new technologies, Slatington continued to Raised in Montezuma, Georgia, Scott grad- bilateral ties. This experience promises to thrive. uated summa cum laude and Phi Beta Kappa turbo-charge their future. IPS participants have from the University of Georgia in 1941 before gone on to serve as leaders in the public and Its rich history is a source of pride for the community and for Lehigh County. For exam- earning a master’s degree in political science private sectors around the world while main- from Northwestern University in 1944 and a taining close ties to Germany. ple, the Borough boasts the oldest Halloween Parade in the Commonwealth of Pennsyl- PhD from Harvard (Radcliffe College) in 1949. This prestigious program is a demonstration Dr. Scott did not, however, immediately pur- vania. Part of Slatington is a National Register of the deep friendship the United States en- sue an academic career. She held a job at Historic District, and the Borough has two stat- joys with the German people. I thank the Bun- International Business Machines (IBM) and destag for hosting the fellows and I hope to ues of Firemen listed on the National Register briefly entered a graduate program for per- see exchanges between our two countries, of Historic Places. sonnel managers. Scott notes that it was a such as this one or the equally prestigious Present day citizens of Slatington are justifi- United States Congressional internship, during Congress-Bundestag Youth Exchange, con- ably proud of their past, especially on the ad- which she had the opportunity to write speech- tinue for many years to come. vent of their 150th Anniversary. At the same es and listen to politicians talking, which had f time, they have their eye on the future and re- the greatest impact on her career. These ex- HONORING THE 150TH ANNIVER- main intent on assuring that Slatington re- periences, she later wrote, ‘‘made me so pain- SARY OF THE BOROUGH OF mains a great place for people to live, work fully aware of my ignorance that I went back to school.’’ SLATINGTON and raise families. Following her master’s and PhD work, Scott I ask the House and the Speaker to join me held temporary teaching appointments at Hav- HON. CHARLES W. DENT in celebrating their Borough’s 150th Anniver- erford College and the University of North OF PENNSYLVANIA sary and wishing them continued happiness, Carolina at Chapel Hill before joining the his- IN THE HOUSE OF REPRESENTATIVES harmony and success moving forward. tory department at Duke University in 1961, Tuesday, July 29, 2014 where she stayed until her retirement in 1991. f During her tenure at Duke, Dr. Scott became Mr. DENT. Mr. Speaker, I rise today to con- the first female chair of Duke’s history depart- gratulate the people of Slatington as they pre- RECOGNIZING TYLER TODAY MAG- ment. In her autobiographical essay, ‘‘A Histo- pare to celebrate their 150th anniversary. That AZINE FOR 25 YEARS SERVING rian’s Odyssey,’’ Scott reviewed her own jour- would be their sesquicentennial, Mr. Speaker. THE TYLER COMMUNITY nals and realized that she began to do history The Borough of Slatington is located in by chance. But, she added, ‘‘If I came to his- northern Lehigh County and is in Pennsylva- tory by indirection, my decision to study the nia’s 15th Congressional District. As their HON. RALPH M. HALL history of women was not, in retrospect, acci- Member of Congress, it is my honor to enter dental.’’ these words into the CONGRESSIONAL RECORD OF TEXAS Having been inspired to study women re- in recognition of this proud event. IN THE HOUSE OF REPRESENTATIVES formers after working for the National League The story of Slatington’s founding is a very of Women Voters in the 1940s, Scott later American story. Like so many communities, it Tuesday, July 29, 2014 helped found the field of U.S. women’s history. began as a farm settlement. Nicholas Kern Her groundbreaking research—spanning ide- Mr. HALL. Mr. Speaker, I rise today in rec- and his family settled the area in 1741. Their ology, race, and class—and her uncharted ex- ognition of Tyler Today Magazine, the oldest extensive farmstead included a gristmill, saw- ploration into the lives of southern women has mill and a tavern. They farmed the fertile soil and only local magazine dedicated solely to established women’s history as vital to our un- along the Lehigh River. Another European set- covering the events and people of Tyler, derstanding of the American South. The Anne tler, Ambrose Remaley also established him- Texas. This publication recently celebrated 25 Firor Scott papers, which include correspond- self in the area, holding land warrants in what years of dedicated news service to its commu- ence, subject files and videos from 1963– is now the southern portion of present day nity. 2002, are held at Duke University. Slatington. As the representative of the 4th District of Her endowment, the Anne Firor Scott Re- Agriculture remained predominant in the Texas, I had the privilege to represent Tyler search Fund, established in 1987, continues to area until three Welshmen, Owen Jones, Wil- for many years. It is a town rich with history, support students conducting innovative inde- liam Roberts and Nelson LaBar made a sig- and Tyler Today accurately records and pro- pendent research in women’s history. And the nificant discovery in 1844. The area was rich motes the pride, passion, and personality of annual Lerner-Scott prize, an award which is in slate—and so Slatington soon gained its the people who make Tyler the remarkable jointly named for Dr. Scott and historian Gerda name. Lerner, is annually awarded to the writer of the and close-knit ‘‘Rose Capital.’’ By 1847 the first school slate factory in the best doctoral dissertation in U.S. women’s his- United States opened in the town. The dis- I congratulate those who have contributed to tory. covery of slate and subsequent quarrying and Tyler Today Magazine’s distinguished history, Dr. Scott’s accomplishments and accolades production of slate products brought about with best wishes for continued success. are many, including the authorship of ten

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JY8.008 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1258 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2014 books and more than twenty-five articles. Dr. In March, his father was robbed and mur- he was checked by security at the door, then Scott was appointed by President Lyndon dered by gangs while working as a security had someone sneak his gun to him over the Johnson to the Citizens Advisory Council on guard protecting a pastry truck. His mother school wall. Five students, mostly 12- and 13- used the life insurance payout to hire a year-olds, tearfully told Ms. Sauceda that the Status of Women in 1965. She has served smuggler to take her to Florida. She prom- the man had ordered them to use and dis- as president of the Southern Historical Asso- ised to send for him quickly, but she has not. tribute drugs or he would kill their parents. ciation and the Organization of American His- Three people he knows were murdered this By March, one month into the new school torians, and on the advisory boards of the year. Four others were gunned down on a year, 67 of 450 students had left the school. Schlesinger Library, the Princeton University nearby corner in the span of two weeks at Teachers must pay a ‘‘war tax’’ to teach in department of history, and the Woodrow Wil- the beginning of this year. A girl his age re- certain neighborhoods, and students must son International Center for Scholars. sisted being robbed of $5. She was clubbed pay to attend. Carlos Baquedano Sa´ nchez, a slender 14- She has been the recipient of many fellow- over the head and dragged off by two men who cut a hole in her throat, stuffed her pan- year-old with hair sticking straight up, ex- ships, prizes and honorary degrees, including ties in it, and left her body in a ravine across plained how hard it was to stay away from a University Medal from Duke in 1994, a Berk- the street from Cristian’s house. the cartels. He lives in a shack made of cor- shire Conference Prize in 1980, and honorary ‘‘I’m going this year,’’ he tells me. rugated tin in a neighborhood in Nueva degrees from Queens College, Northwestern, I last went to Nueva Suyapa in 2003, to Suyapa called El Infiernito—Little Hell—and Radcliffe and the University of the South. write about another boy, Luis Enrique usually doesn’t have anything to eat one out Scott received the Organization of American Motin˜ o Pineda, who had grown up there and of every three days. He started working in a Historians’ Distinguished Service Award in left to find his mother in the United States. dump when he was 7, picking out iron or cop- Children from Central America have been per to recycle, for $1 or $2 a day. But bigger 2002 and the American Historical Associa- making that journey, often without their boys often beat him to steal his haul, and he tion’s Scholarly Achievement Award in 2008. parents, for two decades. But lately some- quit a year ago when an older man nearly In addition, Dr. Scott was the 1994 winner of thing has changed, and the predictable flow killed him for a coveted car-engine piston. the John Tyler Caldwell Award for the Human- has turned into an exodus. Three years ago, Now he sells scrap wood. ities, which is the highest honor given by the about 6,800 children were detained by United But all of this was nothing, he says, com- North Carolina Humanities Council. States immigration authorities and placed pared to the relentless pressure to join narco This year, Dr. Scott is one of ten winners to in federal custody; this year, as many as gangs and the constant danger they have brought to his life. When he was 9, he barely be honored with the 2013 National Humanities 90,000 children are expected to be picked up. Around a quarter come from Honduras— escaped from two narcos who were trying to Medal, presented by President Barack more than from anywhere else. rape him, while terrified neighbors looked Obama. The National Humanities Medal hon- Children still leave Honduras to reunite on. When he was 10, he was pressured to try ors individuals or groups whose work has with a parent, or for better educational and marijuana and crack. ‘‘You’ll feel better. deepened the nation’s understanding of the economic opportunities. But, as I learned Like you are in the clouds,’’ a teenager humanities, broadened our citizens’ engage- when I returned to Nueva Suyapa last working with a gang told him. But he re- ment with the humanities, or helped preserve month, a vast majority of child migrants are sisted. and expand Americans’ access to important fleeing not poverty, but violence. As a result, He has known eight people who were mur- what the United States is seeing on its bor- dered and seen three killed right in front of resources in the humanities. Previous medal- ders now is not an immigration crisis. It is a him. He saw a man shot three years ago and ists include Pulitzer Prize winners Philip Roth refugee crisis. still remembers the plums the man was hold- and Marilynne Robinson, Nobel Prize winner Gangs arrived in force in Honduras in the ing rolling down the street, coated in blood. Toni Morrison, essayist Joan Didion, novelist 1990s, as 18th Street and Mara Salvatrucha Recently he witnessed two teenage hit men John Updike, Nobel Peace Prize laureate Elie members were deported in large numbers shooting a pair of brothers for refusing to Wiesel, sociologist Robert Coles, poet John from Los Angeles to Central America, join- hand over the keys and title to their motor- Ashbery, filmmaker Steven Spielberg, and ing homegrown groups like Los Puchos. But cycle. Carlos hit the dirt and prayed. The the dominance in the past few years of for- Nobel laureate Amartya Sen. killers calmly walked down the street. Car- eign drug cartels in Honduras, especially los shrugs. ‘‘Now seeing someone dead is As Jeffries Martin, chair of Duke’s history ones from Mexico, has increased the reach nothing.’’ department, has said, ‘‘Anne is not only an and viciousness of the violence. As the He longs to be an engineer or mechanic, amazing scholar whose work did much to United States and Colombia spent billions of but he quit school after sixth grade, too poor shape the field of women’s history; she is also dollars to disrupt the movement of drugs up and too afraid to attend. ‘‘A lot of kids know an amazing person, full of curiosity and insight the Caribbean corridor, traffickers rerouted what can happen in school. So they leave.’’ about the world.’’ I would add that she is a inland through Honduras, and 79 percent of He wants to go to the United States, even though he knows how dangerous the journey warm and generous person, mentor and friend cocaine-smuggling flights bound for the United States now pass through there. can be; a man in his neighborhood lost both to many, and a committed citizen—an effec- Narco groups and gangs are vying for con- legs after falling off the top of a Mexican tive voice for social justice and inclusion for trol over this turf, neighborhood by neigh- freight train, and a family friend drowned in decades. She is the model of the engaged borhood, to gain more foot soldiers for drug the Rio Grande. ‘‘I want to avoid drugs and scholar, and one who has contributed greatly sales and distribution, expand their cus- death. The government can’t pull up its to the ‘‘New South’’ to which we aspire. It is tomer base, and make money through extor- pants and help people,’’ he says angrily. ‘‘My therefore with great satisfaction and admira- tion in a country left with an especially country has lost its way.’’ tion that I commend Anne Scott today for this weak, corrupt government following a 2009 Girls face particular dangers—one reason coup. around 40 percent of children who arrived in wonderful, well-merited recognition. Enrique’s 33-year-old sister, Belky, who the United States this year were girls, com- f still lives in Nueva Suyapa, says children pared with 27 percent in the past. Recently began leaving en masse for the United States three girls were raped and killed in Nueva HUMAN TRAFFICKING three years ago. That was around the time Suyapa, one only 8 years old. Two 15-year- PREVENTION ACT that the narcos started putting serious pres- olds were abducted and raped. The kidnap- sure on kids to work for them. At Cristian’s pers told them that if they didn’t get in the SPEECH OF school, older students working with the car- car they would kill their entire families. ´ tels push drugs on the younger ones—some Some parents no longer let their girls go to HON. BEN RAY LUJAN as young as 6. If they agree, children are re- school for fear of their being kidnapped, says OF NEW MEXICO cruited to serve as lookouts, make deliveries Luis Lo´ pez, an educator with Asociacio´ n IN THE HOUSE OF REPRESENTATIVES in backpacks, rob people and extort busi- Compartir, a nonprofit in Nueva Suyapa. ´ Wednesday, July 23, 2014 nesses. They are given food, shoes and money Milagro Noemi Martınez, a petite 19-year- in return. Later, they might work as traf- old with clear green eyes, has been told re- Mr. BEN RAY LUJA´ N of New Mexico. Mr. fickers or hit men. peatedly by narcos that she would be Speaker, I submit the following article: Teachers at Cristian’s school described a theirs—or end up dead. Last summer, she [From the New York Times, July 11, 2014] 12-year-old who demanded that the school re- made her first attempt to reach the United lease three students one day to help him dis- States ‘‘Here there is only evil,’’ she says. THE CHILDREN OF THE DRUG WARS: A tribute crack cocaine; he brandished a pistol ‘‘It’s better to leave than have them kill me REFUGEE CRISIS, NOT AN IMMIGRATION CRISIS and threatened to kill a teacher when she here.’’ She headed north with her 21-year-old (By Sonia Nazario) tried to question him. sister, a friend who had also been threatened, Cristian Omar Reyes, an 11-year-old sixth At Nueva Suyapa’s only public high school, and $170 among them. But she was stopped grader in the neighborhood of Nueva Suyapa, narcos ‘‘recruit inside the school,’’ says and deported from Mexico. Now back in on the outskirts of Tegucigalpa, tells me he Yadira Sauceda, a counselor there. Until he Nueva Suyapa, she stays locked inside her has to get out of Honduras soon—‘‘no matter was killed a few weeks ago, a 23-year-old mother’s house. ‘‘I hope God protects me. I what.’’ ‘‘student’’ controlled the school. Each day, am afraid to step outside.’’ Last year, she

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K29JY8.011 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1259 says, six minors, as young as 15, were killed lives is by providing them with real due HONORING DAVE DOBILL FOR HIS in her neighborhood. Some were hacked process. YEARS OF SERVICE AS FRANK- apart. She plans to try the journey again Judges, who currently deny seven in 10 ap- LIN COUNTY CLERK soon. Asking for help from the police or the plications for asylum by people who are in government is not an option in what some deportation proceedings, must better under- consider a failed state. The drugs that pass stand the conditions these children are fac- HON. WILLIAM L. ENYART through Honduras each year are worth more ing. They should be more open to considering OF ILLINOIS than the country’s entire gross domestic relief for those fleeing gang recruitment or IN THE HOUSE OF REPRESENTATIVES product. Narcos have bought off police offi- threats by criminal organizations when they cers, politicians and judges. In recent years, come from countries like Honduras that are Tuesday, July 29, 2014 four out of five homicides were never inves- clearly unwilling or unable to protect them. Mr. ENYART. Mr. Speaker, I rise today to If many children don’t meet strict asylum tigated. No one is immune to the carnage. ask my colleagues to join me in honoring Several Honduran mayors have been killed. criteria but face significant dangers if they The sons of both the former head of the po- return, the United States should consider al- Dave Dobill, who will be retiring at the end of lice department and the head of the national lowing them to stay using humanitarian pa- this year after over 29 years as County Clerk university were murdered, the latter, an in- role procedures we have employed in the for Franklin County, Illinois. vestigation showed, by the police. past, for Cambodians and Haitians. It may be Dave Dobill began his service to the people ‘‘You never call the cops. The cops them- possible to transfer children and resettle of Franklin County in 1979 as Supervisor of selves will retaliate and kill you,’’ says them in other safe countries willing to share Assessments. In June of 1985 he was ap- Henry Carı´as Aguilar, a pastor in Nueva the burden. We should also make it easier for pointed to the position of County Clerk and children to apply as refugees when they are Suyapa. A majority of small businesses in was elected to that position for the first time in Nueva Suyapa have shuttered because of ex- still in Central America, as we have done for tortion demands, while churches have dou- people in Iraq, Cuba, countries in the former 1986. He has held this office continually ever bled in number in the past decade, as people Soviet Union, Vietnam and Haiti. Those who since. pray for salvation from what they see as the showed a well-founded fear of persecution Dave is not only one of the longest-serving plague predicted in the Bible. Taxis and wouldn’t have to make the perilous journey county officials in Illinois, but he is well known homes have signs on them asking God for north alone. among his peers as a knowledgeable leader mercy. Of course, many migrant children come for willing to help his constituents and his col- economic reasons, and not because they fear The United Nations High Commissioner for leagues. Dave is one of the foremost experts Refugees recently interviewed 404 children for their lives. In those cases, they should who had arrived in the United States from quickly be deported if they have at least one in property tax law in the State of Illinois and Honduras, El Salvador, Guatemala and Mex- parent in their country of origin. By deport- has assisted numerous colleagues and offi- ico; 58 percent said their primary reason for ing them directly from the refugee centers, cials understanding the law to ensure fair and leaving was violence. (A similar survey in the United States would discourage future lawful taxation. He has also been a leader in 2006, of Central American children coming non-refugees by showing that immigrants election administration, having modernized the into Mexico, found that only 13 percent were cannot be caught and released, and then election process in Franklin County to an elec- fleeing violence.) They aren’t just going to avoid deportation by ignoring court orders tronic voting system long before the Help to attend immigration hearings. the United States: Less conflicted countries America Vote Act mandated such improve- in Central America had a 712 percent in- Instead of advocating such a humane, prac- crease in asylum claims between 2008 and tical approach, the Obama administration ments. 2013. wants to intercept and return children en Dave has earned the respect of his peers ‘‘If a house is burning, people will jump out route. On Tuesday the president asked for and was recognized for his professional ac- the window,’’ says Michelle Brane´, director $3.7 billion in emergency funding. Some complishments last year when he was named of the migrant rights and justice program at money would be spent on new detention fa- the State of Illinois County Clerk/Recorder of the Women’s Refugee Commission. cilities and more immigration judges, but the Year at the Illinois Association of County To permanently stem this flow of children, the main goal seems to be to strengthen bor- Clerks/Recorders fall conference. we must address the complex root causes of der control and speed up deportations. He violence in Honduras, as well as the demand also asked Congress to grant powers that Known as the ‘‘go-to guy’’ in Franklin Coun- for illegal drugs in the United States that is could eliminate legal protections for chil- ty, Dave has not limited his community service fueling that violence. dren from Central America in order to expe- to his official duties as County Clerk. The In the meantime, however, we must recog- dite removals, a change that Republicans in community and fraternal organizations that nize this as a refugee crisis, as the United Congress have also advocated. have benefited from Dave’s involvement have Nations just recommended. These children This would allow life-or-death decisions to included: the Franklin County Tourism Bureau, are facing threats similar to the forceful be made within hours by Homeland Security Six Mile Democratic Club, Benton Chamber of conscription of child soldiers by warlords in officials, even though studies have shown Sudan or during the civil war in Bosnia. that border patrol agents fail to adequately Commerce, Royalton Jaycees and Little Being forced to sell drugs by narcos is no dif- screen Mexican children to see if they are League, Zeigler Rotary and Eagles and West ferent from being forced into military serv- being sexually exploited by traffickers or Frankfort Moose. ice. fear persecution, as the agents are supposed Dave is also very active in his church, St. Many Americans, myself included, believe to do. Why would they start asking Central Aloysius, and has served as treasurer of the in deporting unlawful immigrants, but see a American children key questions needed to St. Aloysius Men’s Club. different imperative with refugees. prove refugee status? Dave and his wife, Dixie, had two children The United States should immediately cre- The United States expects other countries and have one grandchild. Dave looks forward ate emergency refugee centers inside our to take in hundreds of thousands of refugees borders, tent cities—operated by the United on humanitarian grounds. Countries neigh- to spending more time with his family, and Nations and other relief groups like the boring Syria have absorbed nearly 3 million more time engaging in his favorite pastime, International Rescue Committee—where im- people. Jordan has accepted in two days fishing. The fish in Rend Lake and around migrant children could be held for 60 to 90 what the United States has received in an Southern Illinois have reason to be worried as days instead of being released. The govern- entire month during the height of this immi- Dave approaches retirement. ment would post immigration judges at gration flow—more than 9,000 children in Mr. Speaker, I ask my colleagues to join me these centers and adjudicate children’s cases May. The United States should also increase in wishing Dave Dobill well and thanking him there. to pre-9/11 levels the number of refugees we for a lifetime of service to the people of South- To ensure this isn’t a sham process, asy- accept to 90,000 from the current 70,000 per lum officers and judges must be trained in year and, unlike in recent years, actually ern Illinois. child-sensitive interviewing techniques to admit that many. f help elicit information from fearful, trauma- By sending these children away, ‘‘you are tized youngsters. All children must also be handing them a death sentence,’’ says Jose´ PERSONAL EXPLANATION represented by a volunteer or government- Arnulfo Ochoa Ochoa, an expert in Honduras funded lawyer. Kids in Need of Defense, a with World Vision International, a Christian HON. JOE WILSON nonprofit that recruits pro bono lawyers to humanitarian aid group. This abrogates OF SOUTH CAROLINA represent immigrant children and whose international conventions we have signed board I serve on, estimates that 40 percent to and undermines our credibility as a humane IN THE HOUSE OF REPRESENTATIVES 60 percent of these children potentially qual- country. It would be a disgrace if this Tuesday, July 29, 2014 ify to stay under current immigration laws— wealthy nation turned its back on the 52,000 and do, if they have a lawyer by their side. children who have arrived since October, Mr. WILSON of South Carolina. Mr. Speak- The vast majority do not. The only way to many of them legitimate refugees. er, I submit the following remarks regarding ensure we are not hurtling children back to This is not how a great nation treats chil- my absence from votes which occurred on circumstances that could cost them their dren. July 28, 2014. I was visiting the Savannah

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.001 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1260 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2014 River Site in the Second Congressional Dis- seeking greater democracy. These are not the City of Dallas is better; our nation is better; trict of South Carolina with Department of En- part of a ‘coup d’etat,’ as President Maduro and our future is brighter. ergy Secretary Ernest Moniz and National Nu- has alleged, but a result of his oppressive re- f clear Security Administrator Frank Klotz where gime. The Venezuelan people deserve the I appreciate their recognition of the dedicated chance to build a free and democratic nation PERSONAL EXPLANATION professionals at the site promoting vital mis- and choose their own future course, free from sions. Listed below is how I would have voted fear. As democracy continues to come under HON. JOHN R. CARTER if I had been present if the flight from Colum- assault by the Maduro regime, Americans will OF TEXAS bia had not been delayed. continue to look to Venezuela with a deep IN THE HOUSE OF REPRESENTATIVES Roll Number 455—H.R. 935—To amend the concern for the safety of its people and soli- Tuesday, July 29, 2014 Federal Insecticide, Fungicide, and darity with those seeking to restore their free- Rodenticide Act and the Federal Water Pollu- dom. Mr. CARTER. Mr. Speaker, on July 28, tion Control Act to clarify Congressional intent Ma´ria Corina Machado has helped draw 2014, I was unable to be present for all votes regarding the regulation of the use of pes- international attention to the ongoing repres- due to my attendance at a graduation cere- ticides in or near navigable waters, and for sion in her country, and for her work she will mony at Fort Hood, TX. other purposes—‘‘aye.’’ be honored by the International Foundation for If present, I would have voted accordingly Roll 456—H.R. 3202—Essential Transpor- Electoral Systems with its annual Charles T. on the following votes: H.R. 935, Reducing tation Worker Identification Credential Assess- Manatt Democracy Award on October 1. This Regulatory Burdens Act—‘‘aye’’; H.R. 3202, ment Act—‘‘aye.’’ annual award recognizes individuals who have Essential Transportation Worker Identification Roll 457—H.R. 3107—Homeland Security demonstrated a commitment to advancing Credential Assessment—‘‘aye’’; and H.R. Cybersecurity Boots-on-the-Ground Act— freedom and democratic values in their na- 3107, Homeland Security Cybersecurity Boots- ‘‘aye.’’ tions and around the world. on-the-Ground Act—‘‘aye.’’ f I will continue to monitor the situation in f Venezuela closely, and I will continue to high- HONORING BLUEGRASS COMMU- OUR UNCONSCIONABLE NATIONAL light the work of courageous pro-democracy NITY AND TECHNICAL COLLEGE DEBT activists like Ms. Machado, who have faced death threats and been accused of treason by HON. MIKE COFFMAN the ruling regime. The United States is watch- HON. ANDY BARR OF COLORADO ing what takes place in Venezuela with great OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES interest, and Congress will be paying par- IN THE HOUSE OF REPRESENTATIVES ticular attention to the safety and security of Tuesday, July 29, 2014 Tuesday, July 29, 2014 Ms. Machado and other opposition figures Mr. COFFMAN. Mr. Speaker, on January who have dared to speak out for the rights of Mr. BARR. Mr. Speaker, I rise today to rec- 20, 2009, the day President Obama took of- the Venezuelan people. ognize the Bluegrass Community and Tech- fice, the national debt was I congratulate Ms. Machado on being cho- nical College, located in Lexington, Kentucky, $10,626,877,048,913.08. sen for the Charles T. Manatt Democracy on the celebration of its 75th anniversary. Today, it is $17,611,454,807,678.76. We’ve Award, and I stand with her and other peace- Since its establishment 75 years ago, the added $6,984,577,758,765.68 to our debt in 5 ful supporters of democratic reform as they Bluegrass Community and Technical College years. This is over $6.9 trillion in debt our na- seek to build a brighter future for all Ven- (BCTC) has set an example of excellence for tion, our economy, and our children could ezuelans. central Kentucky and provided Kentucky’s have avoided with a balanced budget amend- f youth with strong higher education programs. ment. As the largest two-year institution in the f HONORING EMMITT AND PAT State, BCTC offers daytime, evening and SMITH weekend classes at six convenient locations HONORING VENEZUELAN NA- and online. With more than 11,500 students, TIONAL ASSEMBLY MEMBER HON. EDDIE BERNICE JOHNSON BCTC has recently expanded to its third cam- AND OPPOSITION LEADER MA´ RIA OF TEXAS pus in Lexington—the Newtown campus—to CORINA MACHADO IN THE HOUSE OF REPRESENTATIVES accommodate its continued growth. The Blue- grass Community and Technical College is HON. STENY H. HOYER Tuesday, July 29, 2014 specifically designed to promote the advance- OF MARYLAND Ms. EDDIE BERNICE JOHNSON of Texas. ment of academic achievements in young peo- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I rise today to recognize Emmitt ple. The BCTC education encourages stu- and Pat Smith, the recipients of the Congres- dents to achieve success at their own pace Tuesday, July 29, 2014 sional Award Foundation’s 2014 Horizon and to explore various technical programs to Mr. HOYER. Mr. Speaker, I rise to pay trib- Award. help further their careers. ute to an individual who, at great risk to her The Horizon Award is bestowed upon indi- BCTC’s recent expansion is a testament to own life and safety, has been standing up for viduals who have made a significant commit- its continued success in the educational com- democracy and freedom in Venezuela. Ma´ria ment to expanding opportunities for all Ameri- munity and the positive impact it is making on Corina Machado, a Member of the National cans through personal contributions. Emmitt students and employers across our Common- Assembly and a leader of the opposition, has and Pat Smith, exemplify the virtues of integ- wealth. I commend BCTC for its dedication to taken a courageous stand against the repres- rity, respect, accountability and character em- education and community outreach, and I sive regime of President Nicola´s Maduro, bodied by this award. Through their philan- know that its varied educational services will speaking out on behalf of those whose voices thropic activities, they have inspired young continue to serve the people of our great dis- have been silenced by fear of arrest or vio- people throughout North Texas to reach for trict for years to come. lence. their dreams and to do the seemingly impos- f Since the death of former President Hugo sible. Chavez, the Maduro regime has maintained The Pat and Emmitt Smith Charities create RECOGNIZING ISMAEL ‘‘SMILEY’’ Venezuela on the path of suppressing democ- and fund unique educational experiences and CORDOVA racy, silencing protest, preventing press free- enrichment opportunities for underprivileged dom, and intimidating political opponents like youth. Because of their sacrifices and humani- HON. MICHELLE LUJAN GRISHAM Ms. Machado. In one instance, Maduro sup- tarian efforts, these deserving children are OF NEW MEXICO porters physically assaulted opposition Mem- given the opportunity to attend the most pres- IN THE HOUSE OF REPRESENTATIVES bers in the National Assembly chamber, and tigious learning institutions throughout the city Ms. Machado was beaten and had her nose of Dallas. Tuesday, July 29, 2014 broken. None of the perpetrators were brought I ask my colleagues to join me in recog- Ms. MICHELLE LUJAN GRISHAM of New to justice. nizing Emmitt and Pat Smith’s selfless con- Mexico. Mr. Speaker, I rise to honor the life of Over the past several months, Venezuela tributions to the City of Dallas and commu- New Mexico resident, and businessman has seen a number of mass protests by those nities beyond. Because of their partnership, Ismael ‘‘Smiley’’ Cordova.

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.003 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1261 Ismael ‘‘Smiley’’ Cordova was born on May progress. A comprehensive settlement is with- 5. Church of St. Ephrem, Wady AlAin 17, 1935 in Los Chavez, New Mexico. He in reach and I would encourage my colleagues Neighborhood would go on to accomplish many things in his to support this effort. 6. Church of St. Paul—Majmooaa AlThaqafiya District life, but was best known for founding Belen f 7. The Old Church of the Immaculate (with Consumer Finance, which he owned and man- ALL CHRISTIAN CHURCHES AND the bombed archdiocese)—Shifaa Neighbor- aged for over 25 years, providing loan serv- hood ices for the citizens of Belen and its sur- INSTITUTIONS IN MOSUL, IRAQ 8. Church of the Holy Spirit—Bakir Neigh- rounding area. DESTROYED BY ISIS TERROR- borhood When he wasn’t helping locals qualify for ISTS 9. Church of the Virgin Mary—Drakziliya loans at work he was contributing in other Neighborhood ways. Ismael proudly served in the United 10. Ancient Church of Saint Isaiah and HON. FRANK R. WOLF Cemetery—Ras AlKour Neighborhood States Army National Guard, was an active OF VIRGINIA 11. Mother of Aid Church—Dawasa Neigh- member of the Knights of Columbus, Elks IN THE HOUSE OF REPRESENTATIVES borhood Lodge, Moose Lodge, the Valencia County Tuesday, July 29, 2014 12. The Antiquarian Church of St. George— Sheriff’s Posse, and an avid parishioner at Khazraj Neighborhood Our Lady of Belen Catholic Church. Mr. WOLF. Mr. Speaker, I submit the fol- 13. St. George Monastery with Cemetery— More than that, Ismael was a devoted hus- lowing list of Christian churches and institu- Arab Neighborhood band and father. Together, Ismael and his wife tions in Mosul, Iraq, that have been destroyed 14. Monastery of AlNasir (Victory)—Arab by ‘‘Islamic State of Iraq and Syria’’ (ISIS) Neighborhood Kandy made a dynamic duo full of life, knowl- 15. Convent of the Chaldean Nuns— edge and exuberant warmth to a community since the Islamist terrorist group captured the Mayassa Neighborhood that they loved dearly. A savvy businessman city on June 10. According to the Assyrian 16. Monastery of St. Michael—Hawi Church and spirited legislator they inspired everyone International News Agency, all of the 45 Chris- Neighborhood who had the opportunity to share their com- tian sites in Mosul have been destroyed, occu- 17. The Antiquarian Monastery of St. Eli- pany. Ismael loved his four beloved children pied, converted to mosques, converted to ISIS jah—Ghazlany Neighborhood whom he kept close to his heart and the fam- headquarters or otherwise shuttered. ARMENIAN ORTHODOX CHURCH ily gatherings where everyone would reminisce The following is the full list of destroyed 1. Armenian Church—Maidan Neighbor- on the amazing experiences growing up in Los Christian sites compiled by the Assyrian Inter- hood Chavez. national News Agency, grouped by denomina- 2. The New Armenian Church—Wihda A successful businessman, loving father and tion: Neighborhood husband—Ismael was indeed a caring man of SYRIAC CATHOLIC CHURCH EVANGELICAL PRESBYTERIAN CHURCH faith and courage. His character, love of fam- 1. Syrian Catholic Diocese—Maidan Neigh- 1. Evangelical Presbyterian Church— ily, charisma and selflessness were felt by all borhood, Mosul Mayassa Neighborhood who knew him. My thoughts and prayers are 2. The Old Church of the Immaculate— LATIN CHURCH with family, friends and everyone who has ex- Maidan Neighborhood, Mosul (The church 1. Latin Church and Monastery of the Do- perienced Ismael’s generosity and compas- goes back to the eighth century AD) minican Fathers and Convent of Katrina 3. The New Church of the Immaculate— sion. May the memory of Ismael live on in our Siena Nuns—Sa’a Neighborhood Maidan Neighborhood 2. Convent of the Dominican Sisters— hearts. 4. Church of Mar (Saint) Toma—Khazraj Mosul AlJadeed Neighborhood f Neighborhood 3. Convent of the Dominican Sisters 5. Museum of Mar (Saint) Toma—Khazraj (AlKilma Monastery)—Majmooaa 40TH ANNIVERSARY OF A DIVIDED Neighborhood AlThaqafiya District CYPRUS 6. Church of Our Lady of the Annun- 4. House of Qasada AlRasouliya (Apostolic ciation—Muhandiseen Neighborhood Aim) (Institute of St John the Beloved) 7. Church of the Virgin of Fatima— CEMETERIES HON. ED WHITFIELD Faisaliah Neighborhood OF KENTUCKY 8. Our Lady of Deliverance Chapel—Shifaa 1. Christian Cemetery in the Ekab Valley IN THE HOUSE OF REPRESENTATIVES Neighborhood which contains a small chapel. Tuesday, July 29, 2014 9. The House of the Young Sisters of f Jesus—Ras Al-Kour Neighborhood Mr. WHITFIELD. Mr. Speaker, I rise today 10. Archbishop’s Palace Chapel—Dawasa CELEBRATING THE ACCOMPLISH- on the heels of the 40th anniversary of a di- Neighborhood MENTS OF ELIZABETH PARKER vided Cyprus. A division that has left both SYRIAC ORTHODOX CHURCH Turkish and Greek Cypriots bogged down in 1. Syrian Orthodox Archdiocese—Shurta HON. LEONARD LANCE an unacceptable status quo that continues to Neighborhood OF NEW JERSEY impede economic and social progress on the 2. The Antiquarian Church of Saint IN THE HOUSE OF REPRESENTATIVES island. Until these differences are resolved, all Ahodeeni—Bab AlJadeed Neighborhood Cypriots will feel the negative effects of this di- 3. Mar (Saint) Toma Church and cemetery, Tuesday, July 29, 2014 vision and Cyprus will be unable to realize its (the old Bishopric)—Khazraj Neighborhood Mr. LANCE. Mr. Speaker, I rise today to cel- full potential in the international community. 4. Church of The Immaculate (Castle)— ebrate the accomplishments of Elizabeth Maidan Neighborhood This past February represented a significant 5. Church of The Immaculate—Shifaa Parker of Harding Township, New Jersey for shift in the deadlock when both Cypriot lead- Neighborhood her distinguished career in journalism and to ers resumed long stalled negotiations and 6. Mar (Saint) Aprim Church—Shurta congratulate her on receiving the esteemed issued a joint statement outlining principles the Neighborhood Emma C. McKinney Award from the National two sides will use to work toward a reunifica- 7. St. Joseph Church—The New Mosul Newspaper Association. Liz has been an im- tion of Cyprus. Both sides have met regularly Neighborhood portant presence in the media for over 30 since this announcement and real progress is HOLY APOSTOLIC CATHOLIC ASSYRIAN CHURCH years, providing readers an insightful digest of being made. That said, many controversial OF THE EAST news and thoughtful commentary that has issues remain and the path forward will be a 1. Diocese of the Assyrian Church of the helped shape the community. difficult one. This makes it even more impor- East—Noor Neighborhood Liz has spent much of her career with the tant that the United States Congress, the Ad- 2. Assyrian Church of the East, Dawasa Recorder Community Newspapers, a premier ministration, the United Nations, Turkey, Neighborhood outlet for New Jersey news and opinion. There 3. Church of the Virgin Mary (old rite)— Greece, and other stakeholders remain en- Wihda Neighborhood she rose to the position of Editor, where under gaged and continue to encourage expeditious, her leadership the Recorder’s reach soon ex- CHALDEAN CHURCH OF BABYLON good faith negotiations on both sides. tended to 17 weekly newspapers serving the I believe these negotiations represent a his- 1. Chaldean Diocese—Shurta Neighborhood diverse constituencies of Morris, Somerset, 2. Miskinta Church—Mayassa Neighbor- toric opportunity to put all Cypriots on a path hood Hunterdon and Essex Counties. She now to peace and prosperity. During this process, 3. The Antiquarian Church of Shimon serves as Co-Publisher and Executive Editor it’s important that all parties remain focused alSafa—Mayassa Neighborhood of the New Jersey Hills Media Group. on the future of Cyprus and refrain from in- 4. Church of Mar (Saint) Buthyoon— Liz’s leadership has been recognized na- flammatory dialogue that only serves to derail Shahar AlSouq Neighborhood tionally, most notably with her selection as

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.009 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1262 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2014 President of the National Newspaper Associa- INTRODUCTION OF THE VA BONUS INTRODUCTION OF THE ‘‘CLEAR- tion in 2010. She became only the fourth ACCOUNTABILITY ACT ANCE AND OVER-CLASSIFICA- woman and second New Jerseyan in its 129- TION REFORM AND REDUCTION year history to lead the institution representing ACT’’ OR ‘‘CORRECT ACT’’ the interests of community newspapers. She HON. KYRSTEN SINEMA also previously served as President of the OF ARIZONA HON. BENNIE G. THOMPSON New Jersey Press Association. OF MISSISSIPPI Her passion for her community extends be- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES yond the newsroom with her service on the Tuesday, July 29, 2014 boards for the Morris County Habitat for Hu- Tuesday, July 29, 2014 manity, Morristown Festival of Books and Mr. THOMPSON of Mississippi. Mr. Speak- Ms. SINEMA. Mr. Speaker, today Dr. DAN er, I am proud to introduce legislation today ti- membership in the Rotary Club of Madison. BENISHEK and I will introduce the VA Bonus I congratulate Elizabeth Parker on this well- tled the ‘‘Clearance and Over-Classification Accountability Act. This bipartisan legislation deserved honor and thank her for the many Reform and Reduction Act’’ or ‘‘CORRECT claws back bonuses fraudulently paid to VA years of dedicated public service to journalism Act.’’ The CORRECT Act recognizes that the in New Jersey and indeed the Nation. employees who manipulated wait times data. The revelations that veterans at the Phoenix massive proliferation of original and derivative f classified material and the exponential growth VA, and veterans at other VA facilities across DOMESTIC VIOLENCE—THE NFL IS in the number of individuals with security the country, were placed on secret lists and OUT OF BOUNDS clearances present significant homeland secu- had to wait months before seeing a doctor are rity and national security challenges that war- immoral and un-American. That veterans who rant timely action. In addition to the high costs HON. TED POE served our country honorably may have died incurred by the Federal government to inves- OF TEXAS while waiting for care is unconscionable. tigate an unnecessarily large number of indi- IN THE HOUSE OF REPRESENTATIVES Those responsible for this disaster must be viduals for positions requiring security clear- Tuesday, July 29, 2014 held accountable. ances, over-designations have undoubtedly re- Mr. POE of Texas. Mr. Speaker, abuse is Ongoing audits by the VA and the VA Office sulted in the Federal government recruiting, hiring, and paying individuals at rates that are never okay. It can never be justified, defended of Inspector General reveal systemic problems higher than necessary and not hiring individ- or explained. However, the message that the with wait times, with the scheduling process, NFL sent last week says otherwise. uals who otherwise have the required knowl- and with the honesty and integrity of the sys- edge and skills. Recently, a video emerged of Baltimore tem. Evidence from multiple VA facilities Ravens’ running back, Ray Rice, dragging his The CORRECT Act amends the existing shows intentional and systemic manipulation Reducing Over-Classification Act by (1) requir- unconscious then-fiance´e out of an elevator occurred to cover up long wait times and vet- ing the President to establish a goal for the re- after allegedly punching her in the face sev- duction of classified information by not less eral times. eran deaths. Despite this misconduct and ad- than 10 percent within five years through im- Rice was charged with third-degree aggra- ministrative failures, thousands of VA employ- proved declassification and improved original vated assault. However, prosecutors later ees received bonuses for their performance. and derivative classification decision-making; dropped the charge after a plea deal was In 2013, the VA awarded more than (2) creating standardized sampling techniques reached. But what is equally as troubling and $380,000 in bonuses to executives and direc- for use by Federal departments and agencies disturbing is how the NFL chose to handle the tors at 38 VA hospitals where investigations conducting self-inspections to assess their situation. were ongoing regarding increased delays in progress at improving classification decision- The league suspended Rice for two games. patient care and potential falsification of ap- making within their organizations; (3) creating This pathetic punishment is just a mere slap pointment records. Last year in total, the VA annual training to each employee with original on the wrist. The NFL has issued harsher pun- gave out $2.7 million in extra pay to its top classification authority; and (4) requiring the ishments for ‘‘offenses’’ such as eating unap- ranking officials. Inspector General of each department or proved foods or taking fertility drugs without agency to report on the progress of each re- Over the last three years, the Phoenix VA, approval. spective department or agency with respect to For better or for worse, our society idolizes ground zero for the VA scandal, paid out al- implementation of the Reducing Over-Classi- its athletes. In 2013, over 108 million Ameri- most $10 million in bonuses to its employees. fication Act as well as the President’s 10 per- cans watched Rice help the Ravens win the All of this as patient wait times increased, data cent classified information reduction goal. Super Bowl. Thousands of young Americans was intentionally manipulated, and whistle- The CORRECT Act also includes a sense of wore Rice’s jersey with pride. After this deci- blowers were ignored or punished. Congress that a position should only be des- sion, would a high school athlete think twice ignated as requiring a security clearance when before pushing around his girlfriend? Would Our legislation requires the Secretary of Veterans Affairs, based on the findings of the it requires access to classified information, the abused girlfriend even bother to come for- presents a risk of a material, adverse effect on VA Office of Inspector General and after no- ward? the national security, or is a position of public Sadly, the NFL seems to be more con- tice and opportunity for a hearing, to order trust for any agency that has the authority to cerned with protecting its image than taking a employees who contributed to the purposeful issue security clearances. stand and sending a strong message that vio- omission of veterans from electronic wait lists, Additionally, the CORRECT Act sets forth lence against women will not be tolerated. and received a bonus in part because of such specific reforms at the Department of Home- Ravens’ head coach, John Harbaugh, called omission, to repay the bonus. land Security (DHS) to make it a leader the attack, a ‘‘mistake.’’ The first priority of the VA and Congress among Federal agencies with respect to secu- Mr. Speaker, a mistake implies an accident. must be providing our veterans the care they rity clearance practices. The reforms at DHS Punching your fiance´e until she becomes un- are targeted at the designation, investigation, need. Many dedicated VA employees, many of conscious is no accident nor should it be treat- adjudication, denial, suspension, revocation, ed that way. them veterans themselves, work tirelessly to and appeals processes. In particular, to in- Our society has come a long way; domestic provide the best care to our veterans, but they crease transparency and improve performance violence was once seen as a ‘‘family issue,’’ are limited by this broken system, which is fail- among investigation service providers, includ- not spoken of outside of the home. We have ing millions of our veterans. ing Office of Personnel Management, it re- made some progress, but the NFL’s actions If we are going to change the culture at the quires the DHS Secretary to publish on the show we still have a long way to go. VA so that veterans truly come first, we must Department’s website an annual Department- Those who commit violence against also hold accountable those who intentionally wide satisfaction survey. If a pattern of per- women—yes, even star football players—can- manipulated wait times data and received bo- formance problems with a particular investiga- not get away with it. With the NFL’s decision, tion service provider emerges, the DHS Chief nuses based on this fraudulent data. another one just did. Abuse is never okay. Security Officer is required to make a rec- NFL greed, stardom and fame scores points We urge our colleagues to cosponsor our ommendation to the Secretary regarding cor- over justice. legislation to bring accountability and change rective action, including suspension or And that’s just the way it is. the corrosive culture at the VA. cancelation of services.

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.012 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1263 I urge support of this commonsense legisla- and budget reform. She quickly advanced in Professor to Students each year 2010 through tion. her management and policy roles, as she dis- 2014. Angela Evans also continues to play es- f played a unique talent for advancing the mis- sential roles in national organizations which sion of CRS, as well as strategically exam- focus on continuing the advancement of public RECOGNIZING CHIEF TERRY ining how the agency’s role may evolve in the service in this country. She is a Fellow of the SCHNELL AND CAPTAIN KURT future. By 1982, she was serving as the Sec- National Academy of Public Administration IRELAND tion Head for the Education and Public Wel- and has served on its Nominating Committee fare Division, where she secured the House and the Business Model Task Force. She is HON. TOM REED and Senate Appropriations Committees as also the current President of the Association OF NEW YORK first-time clients for CRS. Additionally, in her for Public Policy Analysis and Management IN THE HOUSE OF REPRESENTATIVES role as Section Head she began the first for- (APPAM) and serves on the Executive Com- mal student intern program, which was then Tuesday, July 29, 2014 mittee of the Network of Schools of Public Pol- adopted agency-wide. icy, Affairs, and Administration (NASPAA). Mr. REED. Mr. Speaker, I rise today to rec- In 1994, she was hand picked by the Librar- As 2014 marks the 100-year anniversary of ognize the decorated careers of Chief Terry ian of Congress, James H. Billington, to be the CRS, it is only fitting that we recognize Angela Schnell and Captain Kurt Ireland of the Olean Head of Congressional Relations and to assist Evans for her great contributions to the ad- Police Department. Longtime members of the with Deputy Librarian duties for the 1994 cal- vancement of public service. I commend her department, Chief Schnell and Captain Ireland endar year. Her leadership in these two roles for her lifetime commitment to this challenge have a combined 68 years of dedicated serv- led to the inauguration of the ‘‘THOMAS’’ and am pleased to recognize her achieve- ice to the Olean community. website for the Library. Additionally she led ments. Terry Schnell joined the Olean Police De- the team that developed the ‘‘Legislative Infor- f partment in 1982 and rose to the rank of chief mation System,’’ or LIS, which was the first in- in 2006. Throughout his 32-year career, Chief tegrated confidential website for the Congress. TRIBUTE TO ALBERT CLYDE Schnell earned the trust and respect of his fel- For the next two years, as Acting Assistant Di- MCDONALD low officers, city leaders, and citizens. During rector for the Research at CRS, she achieved his time with the Olean Police Department, Senior Specialist status, the highest research HON. ROBERT B. ADERHOLT Chief Schnell completed training at the FBI position in CRS at the time, for her research OF ALABAMA Academy, learning advanced skills and strate- undertaken on the social sciences. She also IN THE HOUSE OF REPRESENTATIVES gies that have positively benefited the depart- led efforts to evaluate all CRS research Tuesday, July 29, 2014 ment. Throughout his tenure as chief, Mr. projects, resulting in the establishment of for- Schnell repeatedly fought to secure necessary mal standards of quality and analytic rigor that Mr. ADERHOLT. Mr. Speaker, I would like funding and support for the police department. are still in place today. to pay tribute on the passing of a gracious and His career exemplifies the values outlined in Beginning in 1996, and for the last 13 years wonderful man who made a significant impact the department’s mission statement, serving of her time at CRS, she served as the Deputy on his state, his community and his family. A with ‘‘integrity, common sense, and sound Director of CRS. She was the first woman to man I was proud to call my father-in-law, Al- judgment.’’ hold this position—a feat worth recognizing on bert Clyde McDonald. Kurt Ireland joined the Olean Police Depart- its own. Here she oversaw all facets of re- He was the kind of man who some may call ment in 1977. He spent the majority of his 36- search, scholarship, development, and oper- old-fashioned with his quiet dedication to serv- year career with the department’s patrol divi- ations at CRS. She personally developed, ice—service to God, his family, his land, and sion, earning promotions to sergeant in 1993 managed, and supported organizational efforts his state. and captain in 1998. While holding these lead- to build and sustain relationships with Mem- Albert McDonald passed from this life on ership positions, Captain Ireland managed the bers of Congress, with policy and public ad- July 6, 2014 at his home in the Huntsville daily operations of his unit and established de- ministration scholars, university administrators, area, surrounded by his beloved family. partment procedures. Captain Ireland was a and with foundations. She believed in the mis- He was born in Dayton, Tennessee to Clyde responsible, dedicated, and hard-working offi- sion of the agency and strived every day to McDonald and Nahoma Welch McDonald. He cer who served his community with the high- exceed the goals and expectations set before was preceded in death by both his parents est level of integrity. her. Angela Evans led major organizational and his siblings, Malcolm Rhea McDonald and I congratulate Chief Terry Schnell and Cap- changes that not only enhanced the research Mary Lynn Goodwin. tain Kurt Ireland on their retirement from the capacity of CRS, but also improved the effec- He is survived by his wife of 58 years, Shir- Olean Police Department. We owe these men tiveness of critical operations. Among her ley Shields McDonald; and four children, Mark a debt of gratitude for their combined 68 years many achievements was developing the first Russell McDonald, Stan (Mabel) McDonald, of service to the Olean community. Their im- agency-wide research framework used to Caroline McDonald Aderholt, and Leah pressive careers in law enforcement and nu- identify public policy challenges, guide inter- McDonald Engler. Also, he is survived by four- merous contributions to our community im- disciplinary research on these challenges, and teen grandchildren, Dr. Matthew McDonald, proved quality of life and made Olean a safer assess the quality of the research. She also Carter McDonald, Lewis McDonald, Locker place to live. led the first agency-wide reorganization in 30 McDonald, Lloyd McDonald, Mary Eleanor f years, where a more streamlined structure McDonald, Melissa Suzanne McDonald, Luke was established to support interdisciplinary McDonald, Manie McDonald, Christian Ruther- HONORING ANGELA EVANS collaboration across research areas and pro- ford, Mary Elliott Aderholt, Robert Hayes Ader- fessional disciplines to better serve Congress. holt, Bruce Erich Engler, and Anna Kate HON. JAMES P. MORAN These are just several examples of many con- Engler. OF VIRGINIA tributions that Angela Evans made during her After graduating from Auburn University in IN THE HOUSE OF REPRESENTATIVES time at CRS that we are still seeing the direct 1953, Commissioner McDonald made his impact of today. Her dedication, leadership, home in North Alabama, planting cotton, soy- Tuesday, July 29, 2014 and commitment were recognized by CRS in beans, and grain on his family farm in the Mr. MORAN. Mr. Speaker, I rise to honor 2009, when she was honored with the Distin- Huntsville area. He was a member of various the contributions of a respected and long-serv- guished Service Award. agriculture-related organizations, such as the ing public servant, Angela Evans. This remark- Her public service did not end when she re- National Cotton Council, and served on the able woman merits our recognition and grati- tired from the agency in 2009. She continues Cotton Incorporated Executive Committee, and tude for her dedication and commitment to to serve the public now as a Clinical Professor as President of the Southern Cotton Growers public service, serving more than 35 years at in Public Policy Practice at the Lyndon B. Incorporated. the Congressional Research Service (CRS)— Johnson School of Public Affairs, University of Recognizing that he could play a role in rep- the Legislative Branch agency created by the Texas at Austin. There, she has already re- resenting agriculture because of his talents U.S. Congress to serve as its primary source ceived a variety of accolades from her stu- and farming experience, Albert McDonald for policy research and analysis. dents, fellow faculty, and alumni, including: the launched his political career in 1974. He Angela Evans began her career at CRS in Best New Professor, 2010; the Most Valuable served two terms in Alabama State Senate. 1971 as an analyst working on welfare reform, Class, 2011 and 2012; an alumni Texas Exes During his second term, Albert served as health care finance, education and training, Teaching Award, 2012; and the Most Helpful chairman of the Senate Rules Committee.

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.015 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1264 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2014 Then, in 1982, he ran for and was elected to HUMAN TRAFFICKING Families and the Combined Federal Cam- serve as Commissioner of Agriculture and In- PRIORITIZATION ACT paign. She garnered the President’s Award for dustries for the State of Alabama and was re- exceeding Departmental fundraising goals with elected to serve a second term in 1986. In SPEECH OF her infectious enthusiasm and innovation in in- 1991, he was appointed by President George HON. LUKE MESSER spiring others to participate in and enjoy giv- H.W. Bush to be the Executive Director of the OF INDIANA ing. In addition, she served numerous charities Alabama Farm Services Administration. Begin- IN THE HOUSE OF REPRESENTATIVES in the New England region. Her colleagues at ning in 1995, he was appointed by the Hunts- Wednesday, July 23, 2014 DHS will remember her love of service and ville City Council to serve on the governing learning; her passion for public service; and board of Huntsville Hospital, and was ap- Mr. MESSER. Mr. Speaker, I rise in support her integrity, good humor, justice, common pointed by Alabama Governor Fob James to of the Human Trafficking Prioritization Act, sense, transparency and excellence in all she serve on the Auburn University Board of Trust- which will bolster America’s efforts to prevent did. ees in 1996. human trafficking. I know my colleagues in the House join me I want to commend Chairman ROYCE and in celebrating the life of Paulette Brooks and Sometimes, he was a man of few words. Representative CHRIS SMITH for bringing this However, when Albert McDonald spoke, peo- offering our deepest sympathies to those who measure forward. knew and loved her. ple listened. He was a leader and statesman Despite international condemnation, traf- f in every sense of the word, as well as my fa- ficking in persons is still a prolific violation of ther-in-law. He will be missed by so many at human rights that affects people in every THE INTRODUCTION OF THE RE- home and across the state. I can only imagine country, including the United States. STORE OPPORTUNITY, that he was welcomed to heaven with those This transnational crime exploits the most STRENGTHEN, AND IMPROVE sweet words, ‘‘Well done, my good and faithful vulnerable and often subjects the victims to THE ECONOMY ACT servant.’’ mental and physical abuse. The United States has responded to this HON. ELEANOR HOLMES NORTON f widespread human rights violation by creating OF THE DISTRICT OF COLUMBIA in the State Department the Office to Monitor IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO DARRELL G. RICE and Combat Trafficking, which focuses on the prevention and prosecution of human traf- Tuesday, July 29, 2014 ficking, and the protection of its victims. Ms. NORTON. Mr. Speaker, today, I intro- HON. KEN CALVERT This legislation would further strengthen duce the Restore Opportunity, Strengthen, and OF CALIFORNIA U.S. anti-trafficking policies by designating this Improve the Economy (ROSIE) Act. Millions of office as a bureau with direct access to the workers are part of the ‘‘federally dependent IN THE HOUSE OF REPRESENTATIVES Secretary of State, all without expanding the workforce’’ and hold low-wage jobs with fed- Tuesday, July 29, 2014 role of the Federal government. eral contractors. Seventy percent of these A vote for this legislation is a vote in favor workers are women and 45 percent are peo- Mr. CALVERT. Mr. Speaker, I rise today to of prioritizing the protection of human dignity. ple of color. With so many workers dependent honor and pay tribute to Darrell G. Rice, a I urge my colleagues to support this meas- on federal contracts, the federal government dedicated firefighter, community member and ure. has the ability to use its purchasing power to friend who passed away on April 22, 2014. As f incentivize private-sector firms to create good a pillar of the community, he will be deeply HONORING THE LIFE OF jobs for American workers, rebuild the middle missed. PAULETTE BROOKS class, address income inequality, and invig- By the nature of their jobs, firefighters must orate the economy by increasing the pur- be committed individuals willing to put their chasing power of working Americans. HON. JAMES P. McGOVERN Under the bill, Congress finds that the dis- lives in harm’s way for the safety of their com- OF MASSACHUSETTS appearance of good jobs, the shrinking of the munities and for the protection of life and IN THE HOUSE OF REPRESENTATIVES property for those surrounding them. Darrell middle class, and growing income inequality Tuesday, July 29, 2014 Rice not only fulfilled these responsibilities, but are the greatest domestic challenges con- often went above and beyond the call of duty Mr. MCGOVERN. Mr. Speaker, I rise to fronting our nation. The federal government is throughout his twenty-two years of service. honor Paulette Brooks, of Holden, Massachu- the largest purchaser of goods and services in Darrell took on the challenges of this position setts, who passed away suddenly on July the nation’s private-sector economy, spending with full knowledge of the inherent dangers he 24th, and to offer my sincere condolences to over $1.5 trillion annually at firms that employ would have to face daily. This willingness to her family, friends and colleagues. Ms. Brooks a quarter of American workers. Federal pur- accept a responsibility of such magnitude was a devoted civil servant at the Department chasing power is currently creating millions of speaks to Darrell’s courage and dedication. of Homeland Security Office of the Citizenship poverty-level jobs, subsidizing labor-law-break- and Immigration Services Ombudsman. Her ers, and funding ballooning executive com- Day in and day out, Darrell faithfully rep- untimely death leaves a great loss in the De- pensation. resented his department and acted as a re- partment and in the world of immigration ex- The bill also notes that the federal govern- freshing inspiration to all who surrounded him. pertise. Her legacy is one of tireless, innova- ment is our nation’s leading creator of low- As a strong believer in teamwork, Darrell tive and distinctive service to thousands of wage jobs in the private sector, funding more would continually provide encouragement to American citizens, their families and immi- than two-million jobs paying under 12 dollars all staff. Darrell was successful in spreading grants that include the most vulnerable among per hour. The federal government awards tax- this sentiment throughout the community as us. payer dollars to a substantial number of firms well during his time in his final assignment as Ms. Brooks completed law school after rais- that violate federal labor, employment and oc- an inspector. Working with the Fire Prevention ing a family while a widow. She then offered cupational safety laws, and its purchasing sub- Division’s Petroleum Chemical Unit, Darrell pro bono legal services in her community and sidizes the excessive salaries of private-sector worked with businesses to ensure their safety rose to serve the CIS Ombudsman with dis- executives who do business with the American for the public, and understood the responsi- tinction in customer service excellence and people. When federal purchasing power is bility of his job. legal acumen. She served as an expert in used in such a manner, workers have less to As such a dedicated individual, Darrell will Child Status Protection Act matters, Violence spend on the necessities of life and are forced always be remembered for his incredible work Against Women Act protection cases and in to rely on public assistance. Lack of pur- ethic and charismatic leadership. I extend my assisting members of the military with immi- chasing power hurts job creation and under- deepest sympathies and condolences to gration or naturalization matters impacting the mines economic growth, ultimately imposing Darrell’s family and friends, most especially to soldier or his or her family. Ms. Brooks also significant costs on American taxpayers. his wife, Phyllis, and his daughter, Candace, wrote definitive recommendations for the De- Federal purchasing power can and should of Corona, California. Although Darrell may be partment that will serve a wide range of stake- be used to create good jobs, rebuild the mid- gone, the light and goodness he brought to holders for years to come. dle class, and curb rising income inequality. the community remains and will never be for- On volunteer time, she led federal work- These good jobs would allow workers and gotten. place charitable initiatives such as Feds Feed their families to live in dignity without relying

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.018 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1265 on public assistance or private charity, and VICTIMS OF CHILD ABUSE ACT dation in 1985. This organization, supported would pay enough to provide for subsistence, REAUTHORIZATION ACT OF 2013 by the ASA, works to assure that no patient healthcare, education, housing and savings, will be harmed by anesthesia. This has led to as well as enough disposable income to allow SPEECH OF national standards of practice, a rare feat for workers to enjoy quality time off with their HON. TRENT FRANKS a medical professional society. In its new state-of-the-art headquarters, loved ones. Federal purchasing power can OF ARIZONA ASA can better highlight the important role of and should be used to rebuild the middle IN THE HOUSE OF REPRESENTATIVES class. A strong middle class stimulates the physician anesthesiologists and their responsi- economy by increasing consumer spending Monday, July 28, 2014 bility for patient care before, during, and after and job growth. Federal purchasing power can Mr. FRANKS of Arizona. Mr. Speaker, on surgery. Since 2008, ASA has showcased its and should be used to narrow the growing gulf July 28, I made remarks on S. 1799, the Vic- focus on patient safety through the Anesthesia between the richest one percent of the popu- tims of Child Abuse Act Reauthorization Act. I Quality Institute, which develops and main- lation and ordinary working families, which is want to clarify that the bill makes funds avail- tains a registry of case data that helps physi- threatening the survival of our participatory de- able to the Department of Justice, including cian anesthesiologists assess and improve pa- mocracy. the FBI and the U.S. Attorneys’ Offices for vic- tient care. Additionally, ASA has maintained tims’ services under the Crime Victims Fund. focus on the best methods of improving pa- The bill directs the Secretary of Labor to S. 1799 clarifies that funds available may only tient safety and recovery, developing the promulgate regulations implementing Good be used to benefit victims, through the work of Perioperative Surgical Home (PSH), an inno- Jobs Model Employer Standards. Under these Victim Witness Coordinators, Advocates, and vative model of delivering health care during standards, whenever an executive agency Specialists, and for the administrative support the entire patient surgical experience from the awards a contract for the acquisition of sup- of these employees to help them in their serv- time of the decision for surgery until patient re- plies or services, it shall not award the con- ice to crime victims. For example, these Coor- covery. tract to a source that is not a Good Jobs dinators, Advocates, and Specialists may not The new facility features an updated Wood Model Employer, unless there is no offer from be used to do witness travel services but in- Library and Museum of Anesthesiology, which a source that is a model employer. An execu- stead should be exclusively providing services highlights these and other important historical tive agency could not provide other forms of fi- for the benefit of crime victims as the statute developments of the practice of anesthesi- nancial or nonfinancial assistance to entities says. This provision was contained in a House ology from its origin as the first organized an- that are not model employers when there is a bill, the Justice for Crime Victims Act of 2014, esthesia society in Long Island, NY. similarly situated Good Jobs Model Employer which I introduced in March of this year. From the Land of Lincoln to our nation’s that could receive the assistance, unless doing f capital, the importance of patient safety con- so would substantially undermine the value of tinues to be a top priority. This is reflected in the assistance to the public. These provisions PERSONAL EXPLANATION the Dr. Crawford Long statue, the father of an- do not apply to direct federal statutory require- esthesiology, here in the U.S. Capitol building, ments, mandatory awards, direct awards to HON. BILL FOSTER a reminder of the ongoing efforts to develop foreign governments or public international or- OF ILLINOIS the safest and most effective methods of an- ganizations, benefits to an individual as a per- IN THE HOUSE OF REPRESENTATIVES esthesiology and pain relief. Through the edu- cation, advocacy and involvement of ASA, the sonal entitlement, or federal employment. Tuesday, July 29, 2014 medical field of anesthesiology continues to The bill defines a Good Jobs Model Em- Mr. FOSTER. Mr. Speaker, on July 22, I grow and advance. ployer as an employer that meets the following missed one recorded vote. I would like to indi- I am proud to rise and stand in support of standards: (1) respects employees’ rights to cate how I would have voted had I been the American Society of Anesthesiologists. bargain collectively with their employers with- present. Thank you for all that you have done and con- out being forced to take strike action to win On rollcall No. 434, I would have voted tinue to do for patient safety within the field of better wages and working conditions; (2) of- ‘‘aye.’’ anesthesiology. I ask my colleagues to join me fers to each employee living wages, decent f in thanking them for their efforts and congratu- benefits including, health care, paid leave for lating them on their new headquarters located sickness and caregiving, and fair work sched- COMMEMORATING THE GRAND in the Eighth District of Illinois. ules that are predictable and stable; (3) affirm- OPENING OF THE NEW AMER- f atively demonstrates an exemplary standard of ICAN SOCIETY OF ANESTHESIOL- compliance with workplace protection laws, in- OGISTS BUILDING IN A TRIBUTE TO INGRID WALKER- cluding laws governing labor relations, wages SCHAUMBURG, ILLINOIS HENRY and hours and health and safety, as well as other applicable labor laws; (4) limits executive HON. TAMMY DUCKWORTH HON. GWEN MOORE compensation to fifty times the median salary OF ILLINOIS OF WISCONSIN paid to the company’s workers; (5) employs a IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES workforce not less than 35 percent of which reside within one or more Historically Under- Tuesday, July 29, 2014 Tuesday, July 29, 2014 utilized Business Zones; and (6) subcontracts Ms. DUCKWORTH. Mr. Speaker, I rise Ms. MOORE. Mr. Speaker, I rise today to only with other Good Jobs Model Employers. today to welcome the American Society of An- recognize Ingrid Walker-Henry, an elementary This bill is just one step in lifting millions of esthesiologists (ASA), their more than 200 school teacher, union leader, activist, mother, employees and their beautiful new head- Americans out of poverty and into the middle and wife from the Fourth Congressional Dis- quarters building to Schaumburg, Illinois. trict of Wisconsin. class. These contracting requirements will The American Society of Anesthesiologists Ingrid Walker-Henry was born and raised in incentivize, rather than penalize, employers to represents more than 52,000 members and is Milwaukee and attended Milwaukee Public raise their workplace standards to retain much a cutting edge education and professional as- Schools. Her family has a history of teachers sought-after federal contracts. They will also sociation. ASA is dedicated to the advance- with both her mother and aunt having taught provide savings to the federal government by ment and study of the practice of anesthesi- in the Milwaukee Public School System. She lowering the cost of the federal safety net be- ology, with patient safety and standards of aspired to be a teacher from a young age. cause fewer workers will be reliant on federal care at the core of its mission. She graduated from Riverside University High benefits. With these standards, Demos has For more than 100 years, this association School and joined the Young Educators’ Soci- estimated an annual benefit savings of ap- has worked to ensure that all Americans have ety while attending school there. She grad- proximately $3.3 billion for the Supplemental access to high-quality and safe health care, uated with a bachelor’s degree from the Uni- Nutrition Assistance Program, $3.1 billion for and has been active in ensuring Congress versity of Wisconsin-Madison and has a mas- Medicaid, and $2.5 billion for the Earned In- does all it can to protect patient safety. ter’s degree in Instructional Technology from come Tax Credit. Ultimately, the ROSIE Act Anesthesiology was one of the first medical Cardinal Stritch University. will uplift our workers and benefit our entire specialties to champion patient safety as a Ingrid Walker-Henry is an elementary school country. specific focus, leading to the creation of the teacher, as well as an instructional coach in I urge my colleagues to support this bill. independent Anesthesia Patient Safety Foun- the Milwaukee Public School System. She is

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.022 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1266 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2014 also a union leader and activist. Ms. Walker- she joined the Commission for Women in Ven- TRIBUTE TO PAM HAZE Henry has taught at several schools in the Mil- tura County, where she served as chair of the waukee Public School System including: Silver organization during her years of dedicated HON. KEN CALVERT Spring, Clemens, Auer, Hawthorne, Browning, service. Celeste has also offered her exten- OF CALIFORNIA and Gwen T. Jackson schools. sive and invaluable leadership and expertise IN THE HOUSE OF REPRESENTATIVES Ms. Walker-Henry serves as Secretary on to organizations such as the Ventura County Tuesday, July 29, 2014 the Executive Board of the Milwaukee Teach- Reproductive Rights Network; the Coalition to ers’ Education Association and is an active End Domestic and Sexual Violence; the Na- Mr. CALVERT. Mr. Speaker, I rise today to member in the Schools and Communities tional Women’s Political Caucus at the city, honor and pay tribute to Pam Haze, an indi- United Coalition. She is also active in the local state, and national levels; and the Ventura vidual whose dedication and contribution to NAACP efforts to increase voter turnout and County Women’s Forum Collaborative. public service is exceptional. Her extensive voter registration in Milwaukee. Throughout her years of service, Celeste experience and knowledge have been a great Recently, Ms. Walker-Henry was recognized has advocated for a vast array of women’s benefit to the Department of the Interior, Con- by Essence Magazine in an article recognizing issues including reproductive rights and jus- gress, and the American people. Pam will African American Moms involved in edu- tice, teenage pregnancy prevention, the pre- soon be retiring from the Department of the In- cational activism. As an educator and lifelong vention and elimination of violence against terior after 34 years of federal service. Pam has tirelessly dedicated herself to pub- Milwaukee resident, Ingrid is a strong sup- women both locally and globally, as well as lic service, committing her career to a wide porter of children and families and is a leader access to quality and affordable childcare. Her range of positions. Currently, Pam is the Dep- for her fellow union members in the fight for exemplary work has been a true inspiration to uty Assistant Secretary of Budget, Finance, quality public education for every child. Mr. many women throughout our region. Speaker, it is for these reasons that I rise to Performance and Acquisition at the Depart- In addition, Celeste currently sits on the or- pay tribute to a woman who is a Milwaukee ment of the Interior, a position she was ap- ganizing committee of the Women’s Political and Wisconsin treasure. I am proud that she pointed to in October of 2009. It is in this cur- Council of Ventura County and serves on the hails from the 4th Congressional District. rent position that Pam has been responsible board of the Planned Parenthood Action Fund f for the oversight and management of the De- of Santa Barbara, Ventura, and San Luis partment’s programs and policies in budget; fi- HONORING THE UNIVERSITY OF Obispo Counties, which actively works to pro- nance; acquisition and property management; COLORADO COLORADO SPRINGS tect family planning and reproductive rights. performance management; and small and dis- (UCCS) It is my sincere pleasure to join the Ventura advantaged business. County Women’s Political Council in recog- Pam has been an invaluable resource to me HON. DOUG LAMBORN nizing Celeste Weingardt for her instrumental and my staff on the Interior, Environment and OF COLORADO efforts and activities to engage and empower Related Agencies Appropriations Sub- IN THE HOUSE OF REPRESENTATIVES women. For her continued active and effective committee. Whether she is testifying before advocacy and leadership, I wholeheartedly our committee, or responding to a myriad of Tuesday, July 29, 2014 commend Celeste Weingardt for her impres- questions on behalf of the Department, Pam Mr. LAMBORN. Mr. Speaker, I rise today to sive career of service which she has selflessly has been a key liaison between the Appropria- honor the University of Colorado Colorado given to her community. tions Committee and the Department. Pam is Springs on the occasion of its upcoming 50th that rare individual who focuses on solving Anniversary. f problems when faced with even the most chal- UCCS is one of the fastest growing univer- lenging circumstances. She has earned the sities in the United States, and is the des- IN RECOGNITION OF CHRIS admiration and respect of Republicans and ignated growth campus for the University of KINGSLEY Democrats alike for her knowledge of the Colorado with over 11,000 students. It is also issues and ability to arrive at solutions consid- one of the largest employers in southern Colo- ered fair and reasonable by all sides. rado with an economic impact of over $300 HON. JAMES P. McGOVERN Pursuing her interests in the environment, million annually to the state and local econo- OF MASSACHUSETTS Pam received both an undergraduate degree mies. IN THE HOUSE OF REPRESENTATIVES in wildlife biology and a graduate degree in Since 1965, UCCS has brought the world- environmental science and ecology from class standards of the University of Colorado Tuesday, July 29, 2014 George Mason University. Pam took her pas- System to southern Colorado and continues to Mr. McGOVERN. Mr. Speaker, I rise today sion with her to the Department of Interior, educate and inspire not only the students, fac- to honor the work of Los Angeles Kings Head where she has spent the majority of her fed- ulty, and staff of the university, but also the Trainer Chris Kingsley, a native of Greenfield, eral career within Interior bureaus, such as the community-at-large. On behalf of the Colorado Massachusetts. I would like to congratulate Fish and Wildlife Service, the U.S. Geological Fifth Congressional District, I wish UCCS a Mr. Kingsley’s contribution to the Kings’ recent Survey, the Bureau of Land Management and very happy 50th Anniversary and look forward Stanley Cup win, and recognize his fund- the former Bureau of Outdoor Recreation. It to the next 50 years of growth and prosperity. raising efforts on behalf of the Franklin County was in these Interior agencies that Pam was f Hockey Association. able to effectively lead as a planner, hydrolo- gist, field biologist, contaminant biologist, pro- HONORING CELESTE WEINGARDT For over 40 years, the Franklin County gram analyst, administrator, budget analyst Hockey Association has contributed to the de- and manager. HON. JULIA BROWNLEY velopment of our youth through the game of Prior to her current service as the Deputy hockey. The FCHA provides young people OF CALIFORNIA Assistant Secretary of Budget, Finance, Per- with the opportunity to have fun while learning IN THE HOUSE OF REPRESENTATIVES formance and Acquisition, Pam spent time as the basic skills of ice skating and how to play the Deputy Director and Co-Director of the Of- Tuesday, July 29, 2014 hockey. As a team sport, hockey affirms the fice of the Budget from 1999 to 2006 and from Ms. BROWNLEY of California. Mr. Speaker, importance of commitment, self-discipline, and 2007 to 2009 as the director of the Depart- today I rise to recognize Celeste Weingardt, sportsmanship. This helps young people de- ment’s Office of Budget. Pam also has a great an inspiring leader and determined activist, velop skills and values they can carry with depth of experience with other federal agen- who has assiduously worked on women’s them for the rest of their lives. cies, such as the Small Business Administra- issues including protecting and promoting ac- My district is so fortunate that Mr. Kingsley tion and the Office of the Federal Inspector for cess to reproductive healthcare and services. has used his success in the game of hockey the Alaska Natural Gas Transportation System For over two decades, Celeste has served as to help the sport in the community where he in which she played a critical role in success- a beacon of empowerment for women in poli- grew up. On behalf of the people of Franklin fully facilitating the completion of the Alaska tics and community leadership in Ventura County, I congratulate Chris Kingsley for an- natural gas pipeline. In addition, Pam has also County. other championship season with the Los An- previously devoted her time and knowledge to Celeste first became involved with the geles Kings and thank him for his continued Cambridge Scientific Abstracts. Women’s Political Appointments Coalition of support of the Franklin County Hockey Asso- For her many years of public service, Pam Ventura County in 1990. Shortly thereafter, ciation. deserves our thanks and praise. Her tireless

VerDate Mar 15 2010 06:17 Jul 30, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JY8.026 E29JYPT1 smartinez on DSK4TPTVN1PROD with REMARKS July 29, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E1267 passion for service has contributed immensely RECOGNIZING RICHARD ROOF HONORING DR. CORA B. MARRETT to the betterment of our nation. Through her broad range of roles in our government, she has spent her working life in the service of HON. ED WHITFIELD HON. EDDIE BERNICE JOHNSON others, and this merits my most sincere grati- OF KENTUCKY OF TEXAS tude. I ask that the House join me in wishing IN THE HOUSE OF REPRESENTATIVES Pam the best as she begins the next chapter IN THE HOUSE OF REPRESENTATIVES of her life. Tuesday, July 29, 2014 Tuesday, July 29, 2014 f Mr. WHITFIELD. Mr. Speaker, I rise today HONORING THE LIFE OF MR. DOUG to recognize Mr. Richard Roof for his extraor- Ms. EDDIE BERNICE JOHNSON of Texas. NIECE OF FLEMINGTON, NEW dinary service to the people of Paducah, and Mr. Speaker, I rise today to honor a cherished JERSEY Kentucky’s entire First Congressional District. colleague to the Science community, Dr. Cora Mr. Roof is celebrating his fortieth year as Marrett. After serving with distinction for nearly manager of Barkley Regional Airport. Barkley two decades she will be retiring after serving HON. LEONARD LANCE Regional’s existence is due in part to Paducah OF NEW JERSEY as Deputy Director of the National Science native Vice President Alben Barkley, for whom IN THE HOUSE OF REPRESENTATIVES Foundation (NSF). the airport is also named. The airport provides Tuesday, July 29, 2014 travel to Chicago’s O’Hare, one of the best Dr. Marrett is a shining example of what it Mr. LANCE. Mr. Speaker, I rise today to connected airports in the United States. means to be an effective public servant She has built her career on bipartisanship, exper- honor the life of Mr. Doug Niece of Richard’s career in the aviation industry tise and dependability. Dr. Marrett has always Flemington, New Jersey, who passed away began in 1962 when he passed the commer- kept the needs of the American people close earlier this month at the age of 93. Mr. Niece cial pilot’s written exam, at age 18. Through- at heart. Dr. Marrett deserves to be com- was a long-time Cubmaster for Cub Scout out Mr. Roof’s college years he would work as mended for serving at the helm of NSF during Pack 61 in Flemington, where he served for a pilot, carrying overnight mail between Lex- tumultuous times, such as sequestration and more than 60 years and influenced the lives of ington, Huntington and Louisville. more than 6,000 scouts. the government shutdown. She earned NSF’s Richard Roof took the job of assistant man- Distinguished Service Award for her Mr. Niece was a beloved figure in the Boy ager on July 1, 1974, and two months later, Scout community and is believed to have groundbreaking leadership of the Social, Be- he took over as manager. Richard’s role at the been the longest-serving Cubmaster in the havioral, and Economic Sciences directorate. airport is not limited to sitting behind a desk. country when he retired from his scouting re- Richard is said to wear ‘‘many hats,’’ which As Ranking Member for the Committee on sponsibilities in 2010. During the Boy Scouts has proven beneficial to the airport’s oper- Science, Space, and Technology, I have the of America 100th anniversary celebration, he ation. When not carrying out his managerial distinct pleasure of working closely with Dr. was honored and recognized as one of the duties, you may find him snow plowing the air- Marrett. Over the years, she has dem- Top 100 Scouters in service to the Nation. port’s 80 acres of pavement. onstrated a tremendous mastery of the polit- Mr. Niece was professionally involved with ical process and led NSF’s mission to achieve Hunterdon County’s two major newspapers, Throughout Richard’s 40 year tenure as manager at the airport, he has witnessed the excellence in U.S. science, technology, engi- first the Republican and later the Democrat. In neering and mathematics (STEM) education at Flemington, he led the annual Christmas tree evolution of the airline industry. Through Rich- all levels. She has shown a clear commitment lighting and organized the traditional pre-dawn ard’s leadership, the airport has survived the to furthering scientific and intellectual ad- Christmas carolling with the Flemington Chil- changes and weathered periods of unfavor- vancement here in the United States. I am es- dren’s Choir School. He also served as a able economic conditions, and has emerged pecially grateful for the insights she provided board member of the Jennie Haver Scholar- as a $30 million economic mainstay in West- as a witness a number of times. I thank her ship Fund, as a volunteer aide at Franklin ern Kentucky. for her service and wish her the best of luck Township School and an elder, deacon, Sun- Richard Roof serves as a symbol to all in her retirement. day School teacher and superintendent at Americans that through hard work and dedica- Flemington Presbyterian Church. tion, one life can truly change the lives of hun- Mr. Speaker, the National Science Founda- I had the great pleasure of knowing Mr. dreds. I would like to call to the attention of tion (NSF) and the American people will be Niece and seeing many of his great contribu- the House of Representatives, Richard’s many losing a loyal advocate this August. I have an tions to the Flemington community. I know he years of service to the people of Kentucky and immense amount of respect for Dr. Marrett, will be missed by all who were influenced by urge all members of Congress to join me in and I wish her and her family all the best in his dedicated public service. congratulating him on this milestone. any future endeavors.

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HIGHLIGHTS Senate confirmed the nomination of Robert Alan McDonald, of Ohio, to be Secretary of Veterans Affairs. Senate passed H.R. 5021, Highway and Transportation Funding Act, as amended. Senate day, July 23, 2014, 60 Senators having voted in the Chamber Action affirmative, after taking action on the following Routine Proceedings, pages S5005–S5074 amendments proposed thereto: Pages S5021–39 Measures Introduced: Eleven bills and three reso- Adopted: lutions were introduced, as follows: S. 2675–2685, By 71 yeas to 26 nays (Vote No. 244), Wyden/ and S. Res. 526–528. Pages S5050–51 Hatch Amendment No. 3582, to modify the provi- Measures Reported: sions relating to revenue. (A unanimous-consent Special Report entitled ‘‘Further Revised Alloca- agreement was reached providing that the amend- tion to Subcommittees of Budget Totals for Fiscal ment, having achieved 60 affirmative votes, be Year 2015’’. (S. Rept. No. 113–222) agreed to.) Pages S5021–26, S5037 S.J. Res. 36, relating to the approval and imple- By 66 yeas to 31 nays (Vote No. 245), Carper mentation of the proposed agreement for nuclear co- Amendment No. 3583, in the nature of a substitute. operation between the United States and the Social- (A unanimous-consent agreement was reached pro- ist Republic of Vietnam, with an amendment in the viding that the amendment, having achieved 60 af- nature of a substitute. (S. Rept. No. 113–221) firmative votes, be agreed to.) Pages S5031-37, S5037-38 S. Res. 502, concerning the suspension of exit per- Rejected: mit issuance by the Government of the Democratic By 28 yeas to 69 nays (Vote No. 246), Lee Republic of Congo for adopted Congolese children Amendment No. 3584, to empower States with au- seeking to depart the country with their adoptive thority for most taxing and spending for highway parents, with an amendment in the nature of a sub- programs and mass transit programs. (A unanimous- stitute and with an amended preamble. consent agreement was reached providing that the S. Res. 513, honoring the 70th anniversary of the amendment, having failed to achieve 60 affirmative Warsaw Uprising. votes, the amendment was not agreed to.) S. Res. 520, condemning the downing of Malaysia Pages S5028–31, S5038 Airlines Flight 17 and expressing condolences to the By 47 yeas to 50 nays (Vote No. 247), Toomey families of the victims. Amendment No. 3585, to ease Federal burdens on S. Res. 522, expressing the sense of the Senate State and local governments recovering from cata- supporting the U.S.-Africa Leaders Summit to be strophic events. (A unanimous-consent agreement held in Washington, D.C. from August 4 through was reached providing that the amendment, having 6, 2014. Page S5047 failed to achieve 60 affirmative votes, the amend- Measures Passed: ment was not agreed to.) Pages S5026–28, S5038–39 Highway and Transportation Funding Act: By Providing for the Correction of an Enrollment: 79 yeas to 18 nays (Vote No. 248), Senate passed Senate agreed to H. Con. Res. 108, providing for the H.R. 5021, to provide an extension of Federal-aid correction of the enrollment of H.R. 5021. highway, highway safety, motor carrier safety, tran- Page S5039 sit, and other programs funded out of the Highway Trust Fund, by the order of the Senate of Wednes- D869

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Page S5070 Page S5069 Message from the President: Senate received the Authorizing the Use of the Capitol Grounds: following message from the President of the United Senate agreed to H. Con. Res. 103, authorizing the States: use of the Capitol Grounds for the District of Co- Transmitting, pursuant to law, a report on the lumbia Special Olympics Law Enforcement Torch continuation of the national emergency that was Run. Page S5069 originally declared in Executive Order 13441 with Authorizing the Use of Emancipation Hall: Sen- respect to Lebanon; which was referred to the Com- ate agreed to H. Con. Res. 106, authorizing the use mittee on Banking, Housing, and Urban Affairs. of Emancipation Hall in the Capitol Visitor Center (PM–52) Pages S5045–46 for a ceremony to award Congressional Gold Medals Akuetteh, Moritsugu, and Kennedy Nomina- in honor of the men and women who perished as a tions—Agreement: A unanimous-consent-time result of the terrorist attacks on the United States on agreement was reached providing that notwith- September 11, 2001. Page S5069 standing Rule XXII, following the vote on the mo- Congratulating the Members of Phi Beta Sigma tion to invoke cloture on the motion to proceed to Fraternity: Senate agreed to S. Res. 527, congratu- consideration of S. 2648, making emergency supple- lating the members of Phi Beta Sigma Fraternity, mental appropriations for the fiscal year ending Sep- Inc. for 100 years of service throughout the United tember 30, 2014, Senate begin consideration of the States and the world, and commending Phi Beta nominations of Cynthia H. Akuetteh, of the District Sigma Fraternity, Inc. for exemplifying the ideals of of Columbia, a Career Member of the Senior Foreign brotherhood, scholarship, and service while uphold- Service, Class of Minister-Counselor, to be Ambas- ing the motto ‘‘Culture for Service and Service for sador to the Gabonese Republic, and to serve concur- Humanity’’. Page S5069 rently and without additional compensation as Am- bassador to the Democratic Republic of Sao Tome 125th Anniversary of North Dakota’s Statehood: and Principe, Erika Lizabeth Moritsugu, of the Dis- Senate agreed to S. Res. 528, commemorating the trict of Columbia, to be an Assistant Secretary of 125th anniversary of North Dakota’s Statehood. Housing and Urban Development, and Richard A. Pages S5069–70 Kennedy, of Pennsylvania, to be a Member of the United States Intelligence Professionals Day: Board of Directors of the Metropolitan Washington Committee on the Judiciary was discharged from Airports Authority for a term expiring May 30, further consideration of S. Res. 521, designating July 2016; that there be two minutes for debate equally 26, 2014, as ‘‘United States Intelligence Profes- divided between the two Leaders, or their designees sionals Day’’, and the resolution was then agreed to. prior to each vote; that upon the use or yielding Page S5070 back of time, Senate vote, without intervening action International Religious Freedom Act: Senate or debate, on confirmation of the nominations in the passed H.R. 4028, to amend the International Reli- order listed; that any roll call votes, following the gious Freedom Act of 1998 to include the desecra- first in the series, be 10 minutes in length; and that tion of cemeteries among the many forms of viola- no further motions be in order to the nomination. tions of the right to religious freedom. Page S5070 Page S5070 Measures Considered: Nominations Confirmed: Senate confirmed the fol- lowing nominations: Emergency Supplemental Appropriations Act: By a unanimous vote of 97 yeas (Vote No. EX. Senate continued consideration of the motion to pro- 243), Robert Alan McDonald, of Ohio, to be Sec- ceed to consideration of S. 2648, making emergency retary of Veterans Affairs. Pages S5015-18, S5018-21, supplemental appropriations for the fiscal year end- S5074 ing September 30, 2014. Pages S5005–07, S5040–42 Larry Edward Andre, Jr., of Virginia, to be Am- Bring Jobs Home Act—Agreement: A unani- bassador to the Islamic Republic of Mauritania. mous-consent-time agreement was reached providing Pages S5021, S5074

VerDate Sep 11 2014 13:45 Oct 05, 2015 Jkt 000000 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD14\JUL 2014\D29JY4.REC D29JY4 DSKD7QTVN1PROD with CONG-REC-ONLINE July 29, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D871 Michael Stephen Hoza, of Washington, to be Am- DC; and Bjorn Lomborg, Copenhagen Consensus bassador to the Republic of Cameroon. Pages S5021, Center, Copenhagen, Denmark. S5074 Joan A. Polaschik, of Virginia, to be Ambassador RESTORE ACT AND GULF RESTORATION to the People’s Democratic Republic of Algeria. Committee on Commerce, Science, and Transportation: Sub- Pages S5021, S5074 committee on Oceans, Atmosphere, Fisheries, and Nomination Received: Senate received the fol- Coast Guard concluded a hearing to examine revis- lowing nomination: iting the Resources and Ecosystems Sustainability, David Nathan Saperstein, of the District of Co- Tourist Opportunities and Revived Economies Act, lumbia, to be Ambassador at Large for International focusing on progress and challenges in Gulf restora- Religious Freedom. Page S5074 tion post-Deepwater Horizon, after receiving testimony from Bruce H. Andrews, Deputy Secretary of Com- Messages from the House: Page S5046 merce; Trudy D. Fisher, Mississippi Department of Measures Referred: Page S5046 Environmental Quality Executive Director, Jackson; Measures Placed on the Calendar: Justin R. Ehrenwerth, New Orleans, Louisiana, and Pages S5005, S5046 Mimi A. Drew, Tallahassee, Florida, both of the Gulf Coast Ecosystem Restoration Council; Grover Measures Read the First Time: Pages S5046, S5070 C. Robinson IV, Escambia County Commissioner, Enrolled Bills Presented: Pages S5046–47 Pensacola, Florida, on behalf of the Florida Gulf Executive Communications: Page S5047 Coast Consortium; and Thomas E. Kelsch, National Fish and Wildlife Foundation Gulf Environmental Executive Reports of Committees: Pages S5047–50 Benefit Fund, Washington, DC. Additional Cosponsors: Pages S5051–53 TRUCK SAFETY ON OUR HIGHWAYS Statements on Introduced Bills/Resolutions: Pages S5053–67 Committee on Commerce, Science, and Transportation: Sub- committee on Surface Transportation and Merchant Additional Statements: Page S5045 Marine Infrastructure, Safety, and Security concluded Amendments Submitted: Pages S5067–68 a hearing to examine opportunities and challenges Authorities for Committees to Meet: for improving truck safety on our highways, after re- Pages S5068–69 ceiving testimony from Anne S. Ferro, Adminis- trator, Federal Motor Carrier Safety Administration, Privileges of the Floor: Page S5069 Department of Transportation; Joan Claybrook, Ad- Record Votes: Six record votes were taken today. vocates for Highway and Auto Safety, and David J. (Total—248) Pages S5021, S5037–39 Osiecki, American Trucking Associations, both of Adjournment: Senate convened at 10 a.m. and ad- Washington, DC; Major David Palmer, Commercial journed at 8:51 p.m., until 9:30 a.m. on Wednes- Vehicle Safety Alliance, Austin, Texas; and William day, July 30, 2014. (For Senate’s program, see the G. Dawson, United Parcel Service, Anna, Texas, on remarks of the Majority Leader in today’s Record on behalf of the International Brotherhood of Teamsters. page S5070.) ENERGY PRODUCTION ON FEDERAL LANDS Committee Meetings Committee on Energy and Natural Resources: Committee (Committees not listed did not meet) concluded a hearing to examine breaking the logjam at the Bureau of Land Management, focusing on CLIMATE CHANGE ways to more efficiently process permits for energy Committee on the Budget: Committee concluded a hear- production on Federal lands, and understanding the ing to examine the economic and budgetary con- obstacles in permitting more energy projects on Fed- sequences of climate change, focusing on the cost of eral lands, including S. 279, to promote the develop- inaction, and opportunities to reduce Federal fiscal ment of renewable energy on public land, and S. exposures through greater resilience to climate 2440, to expand and extend the program to improve change and extreme weather, after receiving testi- permit coordination by the Bureau of Land Manage- mony from Alfredo Gomez, Director, Natural Re- ment, after receiving testimony from Senator Tester; sources and Environment, Government Account- Neil Kornze, Director, Bureau of Land Management, ability Office; Mindy Lubber, Ceres, Boston, Massa- Department of the Interior; Mark A. Christensen, chusetts; Sherri W. Goodman, CNA Military Advi- Campbell County Board of Commissioners Chair- sory Board, Arlington, Virginia; W. David Mont- man, Gillette, Wyoming, on behalf of the Wyoming gomery, NERA Economic Consulting, Washington, County Commissioners Association; Lorinda

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The nominations of Todd D. Robinson, of New Michele Jeanne Sison, of Maryland, to be the Deputy Jersey, to be Ambassador to the Republic of Guate- Representative of the United States of America to mala, Jane D. Hartley, of New York, to be Ambas- the United Nations, with the rank and status of sador to the French Republic, and to serve concur- Ambassador, and the Deputy Representative of the rently and without additional compensation as Am- United States of America in the Security Council of bassador to the Principality of Monaco, Kevin F. the United Nations, and to be Representative of the O’Malley, of Missouri, to be Ambassador to Ireland, United States of America to the Sessions of the Gen- James D. Pettit, of Virginia, to be Ambassador to eral Assembly of the United Nations, during her the Republic of Moldova, Brent Robert Hartley, of tenure of service as Deputy Representative of the Oregon, a to be Ambassador to the Republic of Slo- United States of America to the United Nations, all venia, Marcia Stephens Bloom Bernicat, of New Jer- of the Department of State. sey, to be Ambassador to the People’s Republic of NOMINATIONS Bangladesh, David Pressman, of New York, to be Alternate Representative of the United States of Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Madeline Cox America for Special Political Affairs in the United Arleo, to be United States District Judge for the Nations, with the rank of Ambassador, and to be an District of New Jersey, who was introduced by Sen- Alternate Representative of the United States of ator Menendez, Victor Allen Bolden, to be United America to the Sessions of the General Assembly of States District Judge for the District of Connecticut, the United Nations, during his tenure of service as who was introduced by Senator Murphy, and David Alternate Representative of the United States of J. Hale, and Gregory N. Stivers, both to be a United America for Special Political Affairs in the United States District Judge for the Western District of Nations, George Albert Krol, of New Jersey, to be Kentucky, who were both introduced by Senator Ambassador to the Republic of Kazakhstan, Allan P. Paul, after the nominees testified and answered ques- Mustard, of Washington, to be Ambassador to tions in their own behalf. Turkmenistan, Erica J. Barks Ruggles, of Minnesota, to be Ambassador to the Republic of Rwanda, John BUSINESS MEETING R. Bass, of New York, to be Ambassador to the Re- Select Committee on Intelligence: Committee ordered fa- public of Turkey, John Francis Tefft, of Virginia, to vorably reported ‘‘The Intelligence Authorization Act be Ambassador to the Russian Federation, and for Fiscal Year 2015’’. h House of Representatives 935) to amend the Federal Insecticide, Fungicide, Chamber Action and Rodenticide Act and the Federal Water Pollu- Public Bills and Resolutions Introduced: 26 pub- tion Control Act to clarify Congressional intent re- lic bills, H.R. 5229–5254; and 1 resolution, H.J. garding the regulation of the use of pesticides in or Res. 121 were introduced. Pages H7039–40 near navigable waters, and for other purposes; and Additional Cosponsors: Pages H7041–42 providing for proceedings during the period from Reports Filed: Reports were filed today as follows: August 1, 2014, through September 5, 2014 (H. H.R. 4299, to amend the Controlled Substances Rept. 113–566). Pages H7038–39 Act with respect to drug scheduling recommenda- Speaker: Read a letter from the Speaker wherein he tions by the Secretary of Health and Human Serv- appointed Representative Farenthold to act as Speak- ices, and with respect to registration of manufactur- er pro tempore for today. Page H6979 ers and distributors seeking to conduct clinical test- Recess: The House recessed at 11:10 a.m. and re- ing (H. Rept. 113–565, Pt. 1) and convened at 12 noon. Page H6986 H. Res. 694, providing for consideration of the resolution (H. Res. 676) providing for authority to Chaplain: The prayer was offered by the guest chap- initiate litigation for actions by the President or lain, Reverend Jeff Parish, First Baptist Church of other executive branch officials inconsistent with Indian Rocks, Largo, Florida. Page H6986 their duties under the Constitution of the United Journal: The House agreed to the Speaker’s approval States; providing for consideration of the bill (H.R. of the Journal by voice vote. Pages H6986, H7024

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Suspensions: The House agreed to suspend the rules nature of a substitute recommended by the Com- and pass the following measures: mittee on Natural Resources now printed in the bill. Amending the Longshore and Harbor Workers’ Page H7015 Compensation Act to provide a definition of rec- Agreed to: reational vessel for purposes of such Act: H.R. Hastings (WA) manager’s amendment (No. 1 3896, amended, to amend the Longshore and Harbor printed in H. Rept. 113–563) that amends Section Workers’ Compensation Act to provide a definition 2 of the bill to clarify extent of disclosure policy as of recreational vessel for purposes of such Act; it relates to State law and to Department of Defense Pages H6995–97 classified information and Pages H7016–17 SAFE Act Confidentiality and Privilege En- Duffy amendment (No. 4 printed in H. Rept. hancement Act: H.R. 4626, to ensure access to cer- 113–563) that requires disclosure of any Federal tain information for financial services industry regu- funding used by a person or a governmental or non- lators; Pages H6997–98 governmental entity in bringing a claim in a covered Examination and Supervisory Privilege Parity suit. Pages H7019–20 Act of 2014: H.R. 5062, amended, to amend the Rejected: DeFazio amendment (No. 2 printed in Consumer Financial Protection Act of 2010 to speci- H. Rept. 113–563) that sought to exclude scientific fy that privilege is maintained when information is information published solely in internal Interior De- shared by certain nondepository covered persons with partment publications from the definition of ‘‘best Federal and State financial regulators; available science’’ (by a recorded vote of 188 ayes to Pages H6998–H7002 227 noes, Roll No. 460) and Pages H7017–18, H7020–21 Agreed to amend the title so as to read: ‘‘To Holt amendment (No. 3 printed in H. Rept. amend the Consumer Financial Protection Act of 113–563) that sought to strike a provision which 2010 to specify that privilege and confidentiality are automatically defines all data submitted by State, maintained when information is shared by certain County or Tribal governments as the ‘‘best available nondepository covered persons with Federal and State science’’, regardless of its merit (by a recorded vote financial regulators, and for other purposes.’’. of 204 ayes to 215 noes, Roll No. 461). Page H7002 Pages H7018–19, H7021–22 Reauthorizing the Defense Production Act: H.R. H. Res. 693, the rule providing for consideration 4809, amended, to reauthorize the Defense Produc- of the bill, was agreed to by a recorded vote of 225 tion Act and to improve the Defense Production Act ayes to 192 noes, Roll No. 459, after the previous Committee, by a 2⁄3 yea-and-nay vote of 386 yeas to question was ordered by a yea-and-nay vote of 224 32 nays, Roll No. 464; and Pages H7002–04, H7024 yeas to 192 nays, Roll No. 458. Pages H6989–95 Ensuring Patient Access and Effective Drug En- Moment of Silence: The House observed a moment forcement Act of 2014: H.R. 4709, amended, to im- of silence in memory of M. Caldwell Butler, former prove enforcement efforts related to prescription Member of Congress. Page H7025 drug diversion and abuse. Pages H7004–07 Presidential Message: Read a message from the 21st Century Endangered Species Transparency President wherein he notified Congress that the na- Act: The House passed H.R. 4315, to amend the tional emergency with respect to Lebanon that was Endangered Species Act of 1973 to require publica- declared in Executive Order 13441 of August 1, tion on the Internet of the basis for determinations 2007, is to continue in effect beyond August 1, that species are endangered species or threatened spe- 2014—referred to the Committee on Foreign Affairs cies, by a recorded vote of 233 ayes to 190 noes, and ordered to be printed (H. Doc. 113–142). Roll No. 463. Pages H7007–24 Page H7026 Rejected the Kirkpatrick motion to recommit the bill to the Committee on Natural Resources with in- Quorum Calls—Votes: Two yea-and-nay votes and structions to report the same back to the House five recorded votes developed during the proceedings forthwith with an amendment, by a recorded vote of of today and appear on pages H6994–95, H6995, 197 ayes to 225 noes, Roll No. 462. Pages H7022–23 H7020–21, H7021–22, H7023, H7023–24, H7024. Pursuant to the rule, an amendment in the nature There were no quorum calls. of a substitute consisting of the text of Rules Com- Adjournment: The House met at 10 a.m. and ad- mittee Print 113–55 shall be considered as an origi- journed at 7:44 p.m. nal bill for the purpose of amendment under the five-minute rule, in lieu of the amendment in the

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EXAMINING TSA’S MANAGEMENT OF THE H.R. 4979, the ‘‘Red River Private Property Protec- SCREENING PARTNERSHIP PROGRAM tion Act’’; H.R. 5086, to amend the National Trails Committee on Homeland Security: Subcommittee on System Act to direct the Secretary of the Interior to Transportation Security held a hearing entitled ‘‘Ex- conduct a study on the feasibility of designating the amining TSA’s Management of the Screening Part- Chief Standing Bear National Historic Trail, and for nership Program’’. Testimony was heard from Wil- other purposes; S. 311, the ‘‘Lower Mississippi River liam Benner, Director, Screening Partnership Pro- Area Study Act’’; S. 476, to amend the Chesapeake gram, Office of Security Operations, Transportation and Ohio Canal Development Act to extend to the Security Administration, Department of Homeland Chesapeake and Ohio Canal National Historical Park Security; Jennifer A. Grover, Acting Director, Commission; and S. 609, the ‘‘San Juan County Fed- Homeland Security and Justice, Government Ac- eral Land Conveyance Act’’. Testimony was heard countability Office; and public witnesses. from the following Representatives: Thornberry, Reichert, Johnson of Georgia, Fortenberry, Clyburn, PROTECTING THE HOMELAND FROM Mullin, Tonko, and Dent; Steve Ellis, Deputy Direc- NUCLEAR AND RADIOLOGICAL THREATS tor, Bureau of Land Management, Department of the Committee on Homeland Security: Subcommittee on Cy- Interior; Vanessa P. Hickman, Land Commissioner, bersecurity, Infrastructure Protection, and Security Arizona State Land Department, State of Arizona; Technologies held a hearing entitled ‘‘Protecting the Mary Abrams, Director, Department of State Lands, Homeland from Nuclear and Radiological Threats’’. State of Oregon; Pat Canan, Captain Game Warden, Testimony was heard from Huban Gowadia, Direc- Wichita Falls, TX; Stephanie Toothman, Associate tor, Domestic Nuclear Detection Office, Department Director, Cultural Resources, Partnerships and of Homeland Security; and David C. Trimble, Direc- Science, National Park Service, Department of the tor, Natural Resources and Environment, Govern- Interior; and public witnesses. ment Accountability Office. LEGISLATIVE MEASURES OVERSIGHT OF U.S. CITIZENSHIP AND Committee on Natural Resources: Subcommittee on In- IMMIGRATION SERVICES dian and Alaska Native Affairs held a hearing on the Committee on the Judiciary: Full Committee held a following legislation: H.R. 3608, the ‘‘Grand Por- hearing on oversight of U.S. citizenship and immi- tage Band Per Capita Adjustment Act’’; H.R. 4534, gration services. Testimony was heard from Leon the ‘‘Native American Children’s Safety Act’’; H.R. Rodriguez, Director, U.S. Citizenship and Immigra- 5020, the ‘‘Indian Tribal Self-Determination in Land tion Services. Consolidation Act of 2014’’; H.R. 5049, the ‘‘Black- LEGISLATIVE MEASURES foot River Land Exchange Act of 2014’’; and H.R. 5050, the ‘‘May 31, 1918 Act Repeal Act’’. Testi- Committee on Natural Resources: Subcommittee on En- mony was heard from Larry Roberts, Principal Dep- ergy and Mineral Resources held a hearing on the uty Assistant Secretary for Indian Affairs, Depart- following legislation: H.R. 596, the ‘‘Public Lands ment of the Interior; Representative Simpson; and Renewable Energy Development Act of 2013’’; H.R. public witnesses. 1363, the ‘‘Exploring for Geothermal Energy on Federal Lands Act’’; and H.R. 2004, the ‘‘Geo- EXAMINING ALLEGATIONS OF thermal Production Expansion Act of 2013’’. Testi- CORRUPTION AT THE EXPORT-IMPORT mony was heard from Michael Nedd, Assistant Di- BANK rector, Minerals and Realty Management, Bureau of Committee on Oversight and Government Reform: Sub- Land Management, Department of the Interior; Eric committee on Economic Growth, Job Creation and Fitzer, Senior Energy Programs Manager, Arizona Regulatory Affairs held a hearing entitled ‘‘Exam- Governor’s Office of Energy Policy; and public wit- ining Allegations of Corruption at the Export-Im- nesses. port Bank’’. Testimony was heard from Fred P. LEGISLATIVE MEASURES Hochberg, Chairman and President, Export-Import Bank of the United States; and a public witness. Committee on Natural Resources: Subcommittee on Pub- lic Lands and Environmental Regulation held a hear- EXAMINING THE FEDERAL ing on the following legislation: H.R. 445, the ‘‘Na- GOVERNMENT’S FAILURE TO CURB tional Heritage Area Act of 2013’’; H.R. 1785, the WASTEFUL STATE MEDICAID FINANCING ‘‘Mountains to Sound Greenway National Heritage SCHEMES Area Act’’; H.R. 4119, the ‘‘West Hunter Street Committee on Oversight and Government Reform: Sub- Baptist Church Study Act’’; H.R. 4901, the ‘‘Ad- committee on Energy Policy, Health Care and Enti- vancing Conservation and Education Act of 2014’’; tlements held a hearing entitled ‘‘Examining the

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Federal Government’s Failure to Curb Wasteful State of the bill and provides that it shall be considered Medicaid Financing Schemes’’. Testimony was heard as read. The rule waives all points of order against from Katherine M. Iritani, Director, Health Care, provisions in the bill. The rule provides one motion Government Accountability Office; John Haag, Di- to recommit. In section 3, the rule provides that on rector of Medicaid Audits, Department of Health any legislative day during the period from August 1, and Human Services; and Cindy Mann, Deputy Ad- 2014, through September 5, 2014: the Journal of ministrator and Director, Centers for Medicare and the proceedings of the previous day shall be consid- Medicaid Services. ered as approved; and the Chair may at any time de- FEDERAL REAL PROPERTY: ELIMINATING clare the House adjourned to meet at a date and WASTE AND MISMANAGEMENT OF REAL time to be announced by the Chair in declaring the PROPERTY ASSETS adjournment. In section 4, the rule provides that the Speaker may appoint Members to perform the duties Committee on Oversight and Government Reform: Sub- of the Chair for the duration of the period addressed committee on Government Operations held a hear- by section 3 of the resolution. In section 5, the rule ing entitled ‘‘Federal Real Property: Eliminating provides that each day during the period addressed Waste and Mismanagement of Real Property As- by section 3 of the resolution shall not constitute a sets’’. Testimony was heard from David Mader, Con- calendar day for purposes of section 7 of the War troller, Office of Federal Financial Management, Of- Powers resolution (50 U.S.C. 1546). In section 6, the fice of Management and Budget; Michael Gelber, rule provides that each day during the period ad- Deputy Commissioner, Public Buildings Service, dressed by section 3 of the resolution shall not con- General Services Administration; David J. Wise, Di- stitute a legislative day for purposes of clause 7 of rector, Physical Infrastructure Team, Government rule XIII (resolutions of inquiry). Accountability Office; and James M. Sullivan, Direc- tor, Office of Enterprise Office Management, Depart- REVIEW OF THE NATIONAL EARTHQUAKE ment of Veterans Affairs. HAZARDS REDUCTION PROGRAM PROVIDING FOR AUTHORITY TO Committee on Science, Space, and Technology: Sub- INITIATE LITIGATION FOR ACTIONS BY committee on Research and Technology held a hear- THE PRESIDENT OR OTHER EXECUTIVE ing entitled ‘‘Review of the National Earthquake BRANCH OFFICIALS INCONSISTENT WITH Hazards Reduction Program’’. Testimony was heard THEIR DUTIES UNDER THE from John R. Hayes, Jr., Director, National Earth- CONSTITUTION OF THE UNITED STATES; quake Hazards Reduction Program, National Insti- REDUCING REGULATORY BURDENS ACT tute of Standards and Technology; Pramod P. OF 2013 Khargonekar, Assistant Director, Directorate of En- Committee on Rules: Full Committee held a hearing on gineering, National Science Foundation; David Ap- H. Res. 676, providing for authority to initiate liti- plegate, Associate Director for Natural Hazards, U.S. gation for actions by the President or other executive Geological Survey; Roy E. Wright, Deputy Associate branch officials inconsistent with their duties under Administrator for Mitigation, Federal Emergency the Constitution of the United States; and H.R. 935, Management Agency; Jonathon Monken, Director the ‘‘Reducing Regulatory Burdens Act of 2013’’. and Homeland Security Advisor, Illinois Emergency The committee granted, by record vote of 7–4, a Management Agency; and public witnesses. closed rule for H. Res. 676. The rule provides one WHAT WORKERS NEED TO KNOW ABOUT hour of debate equally divided and controlled by the SOCIAL SECURITY AS THEY PLAN FOR chair and ranking minority member of the Com- RETIREMENT mittee on Rules. The rule waives all points of order Committee on Ways and Means: Subcommittee on So- against consideration of the resolution. The rule pro- cial Security held a hearing on what workers need to vides that the amendment recommended by the know about Social Security as they plan for retire- Committee on Rules now printed in the resolution ment. Testimony was heard from Charles P. Blahous shall be considered as adopted. The rule provides III, Public Trustee, Social Security and Medicare that the resolution, as amended, shall be considered Boards of Trustees; and public witnesses. as read and shall not be subject to a demand for di- vision of the question. Additionally, the rule grants ADVANCING THE U.S. TRADE AGENDA: a closed rule for H.R. 935. The rule provides one TRADE WITH AFRICA AND THE AFRICAN hour of debate equally divided and controlled by the GROWTH AND OPPORTUNITY ACT chair and ranking minority member of the Com- Committee on Ways and Means: Subcommittee on mittee on Transportation and Infrastructure. The Trade held a hearing on advancing the U.S. trade rule waives all points of order against consideration agenda: trade with Africa and the African Growth

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Development, to hold hearings to examine flood insur- the road ahead; to be immediately followed by a business ance claims process in communities after Sandy, focusing meeting to consider the nominations of Robert W. on lessons learned and potential improvements, 9:45 a.m., Holleyman II, of Louisiana, to be a Deputy United States SD–538. Trade Representative, with the rank of Ambassador, D. Committee on Commerce, Science, and Transportation: to Nathan Sheets, of Maryland, to be Under Secretary, and hold hearings to examine wireless phone bills, focusing Ramin Toloui, of Iowa, to be Deputy Under Secretary, on a review of consumer protection practices and gaps, both of the Department of the Treasury, Maria Cancian, 2:45 p.m., SR–253. of Wisconsin, to be Assistant Secretary of Health and Committee on Energy and Natural Resources: Subcommittee Human Services for Family Support, and Cary Douglas on Public Lands, Forests, and Mining, to hold hearings Pugh, of Virginia, to be a Judge of the United States Tax to examine S. 1049 and H.R. 2166, bills to direct the Court, 2 p.m., SD–215. Secretary of the Interior and Secretary of Agriculture to Committee on Health, Education, Labor, and Pensions: Sub- expedite access to certain Federal lands under the admin- committee on Children and Families, to hold hearings to istrative jurisdiction of each Secretary for good Samaritan examine paid family leave, focusing on the benefits for search-and-recovery missions, S. 1437, to provide for the businesses and working families, 10:15 a.m., SD–430. release of the reversionary interest held by the United Committee on Homeland Security and Governmental Affairs: States in certain land conveyed in 1954 by the United business meeting to consider H.R. 4007, to recodify and States, acting through the Director of the Bureau of Land reauthorize the Chemical Facility Anti-Terrorism Stand- Management, to the State of Oregon for the establish- ards Program, S. 1618, to enhance the Office of Personnel ment of the Hermiston Agricultural Research and Exten- Management background check system for the granting, sion Center of Oregon State University in Hermiston, Or- denial, or revocation of security clearances or access to egon, S. 1554, to direct the heads of Federal public land classified information of employees and contractors of the management agencies to prepare reports on the avail- Federal Government, S. 1347, to provide transparency, ability of public access and egress to Federal public land accountability, and limitations of Government sponsored for hunting, fishing, and other recreational purposes, to conferences, S. 1396, to authorize the Federal Emergency amend the Land and Water Conservation Fund Act of Management Agency to award mitigation financial assist- 1965 to provide funding for recreational public access to ance in certain areas affected by wildfire, S. 2640, to Federal land, S. 1605, for the relief of Michael G. Faber, amend title 44, United States Code, to require informa- S. 1640, to facilitate planning, permitting, administra- tion on contributors to Presidential library fundraising or- tion, implementation, and monitoring of pinyon-juniper ganizations, S. 2547, to establish the Railroad Emergency dominated landscape restoration projects within Lincoln Services Preparedness, Operational Needs, and Safety County, Nevada, S. 1888 and H.R. 1241, bills to facili- Evaluation (RESPONSE) Subcommittee under the Federal tate a land exchange involving certain National Forest Emergency Management Agency’s National Advisory System lands in the Inyo National Forest, S. 2123, to au- Council to provide recommendations on emergency re- thorize the exchange of certain Federal land and non-Fed- sponder training and resources relating to hazardous ma- eral land in the State of Minnesota, S. 2616, to require terials incidents involving railroads, S. 2323, to amend the Secretary of the Interior to convey certain Federal chapter 21 of title 5, United States Code, to provide that land to Idaho County in the State of Idaho, H.R. 1684, fathers of certain permanently disabled or deceased vet- to convey certain property to the State of Wyoming to erans shall be included with mothers of such veterans as consolidate the historic Ranch A, and H.R. 3008, to pro- preference eligibles for treatment in the civil service, S. vide for the conveyance of a small parcel of National For- 2664, Integrated Public Alert and Warning System Au- est System land in Los Padres National Forest in Cali- thorization Act of 2014, S. 2651, DHS OIG Mandates fornia, 9:30 a.m., SD–366. Revision Act of 2014, H.R. 4197, to amend title 5, Committee on Environment and Public Works: business United States Code, to extend the period of certain au- meeting to consider S. 1463, to amend the Lacey Act thority with respect to judicial review of Merit Systems Amendments of 1981 to prohibit importation, expor- Protection Board decisions relating to whistleblowers, S. tation, transportation, sale, receipt, acquisition, and pur- 2665, Emergency Information Improvement Act of 2014, chase in interstate or foreign commerce, or in a manner S. 1898, to require adequate information regarding the substantially affecting interstate or foreign commerce, of tax treatment of payments under settlement agreements any live animal of any prohibited wildlife species, the entered into by Federal agencies, S. 2247, to prohibit the nominations of Jane Toshiko Nishida, of Maryland, and awarding of a contract or grant in excess of the simplified Ann Elizabeth Dunkin, of California, both to be an As- acquisition threshold unless the prospective contractor or sistant Administrator, and Manuel H. Ehrlich, Jr., of grantee certifies in writing to the agency awarding the New Jersey, to be a Member of the Chemical Safety and contract or grant that the contractor or grantee has no se- Hazard Investigation, all of the Environmental Protection riously delinquent tax debts, H.R. 606, to designate the Agency, Corps of Engineers Study Resolution relating to facility of the United States Postal Service located at 815 San Francisco Bay to Stockton Navigation Channels, Cali- County Road 23 in Tyrone, New York, as the ‘‘Specialist fornia, and General Services Administration resolutions, Christopher Scott Post Office Building’’, H.R. 1671, to Time to be announced, S–216, Capitol. designate the facility of the United States Postal Service Committee on Finance: to hold hearings to examine ‘‘The located at 6937 Village Parkway in Dublin, California, as African Growth and Opportunity Act’’ at 14, focusing on the ‘‘James ‘Jim’ Kohnen Post Office’’, H.R. 2291, to

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designate the facility of the United States Postal Service Committee on Armed Services, Full Committee, hearing located at 450 Lexington Avenue in New York, New entitled ‘‘Risks to Stability in Afghanistan: Politics, Secu- York, as the ‘‘Vincent R. Sombrotto Post Office’’, H.R. rity, and International Commitment’’, 10 a.m., 2118 3472, to designate the facility of the United States Postal Rayburn. Service located at 13127 Broadway Street in Alden, New Subcommittee on Seapower and Projection Forces, York, as the ‘‘Sergeant Brett E. Gornewicz Memorial Post hearing entitled ‘‘Logistics and Sealift Force Requirements Office’’, H.R. 3765, to designate the facility of the and Force Structure Assessment’’, 2 p.m., 2212 Rayburn. United States Postal Service located at 198 Baker Street Committee on Energy and Commerce, Full Committee, in Corning, New York, as the ‘‘Specialist Ryan P. Jayne markup on the following legislation: H.R. 3522, the Post Office Building’’, and the nominations of Joseph L. ‘‘Employee Health Care Protection Act’’; H.R. 4701, the Nimmich, of Maryland, to be Deputy Administrator, ‘‘Lyme and Tick-borne Diseases Act of 2014’’; H.R. Federal Emergency Management Agency, Department of 4067, to provide for the extension of the enforcement in- Homeland Security, Anne E. Rung, of Pennsylvania, to struction on supervision requirements for outpatient be Administrator for Federal Procurement Policy, and therapeutic services in critical access and small rural hos- James C. Miller, III, of Virginia, Stephen Crawford, of pitals through 2014; H.R. 5214, to require the Secretary Maryland, David Michael Bennett, of North Carolina, and of Health and Human Services to provide for rec- Victoria Reggie Kennedy, of Massachusetts, all to be a ommendations for the development and use of clinical Governor of the United States Postal Service, 9:30 a.m., data registries for the improvement of patient care; H.R. SD–342. 3670, the ‘‘Anti-Spoofing Act of 2013’’; H.R. 5161, the Committee on Indian Affairs: business meeting to con- ‘‘E-LABEL Act’’; and H.R. 1575, the ‘‘Kelsey Smith sider S. 1948, to promote the academic achievement of Act’’, 10 a.m., 2123 Rayburn. American Indian, Alaska Native, and Native Hawaiian Committee on Financial Services, Full Committee, markup children with the establishment of a Native American on the following legislation: H.R. 5018, the ‘‘Federal Re- language grant program, S. 2299, to amend the Native serve Accountability and Transparency Act of 2014’’; American Programs Act of 1974 to reauthorize a provi- H.R. 4329, the ‘‘Native American Housing Assistance sion to ensure the survival and continuing vitality of Na- and Self-Determination Reauthorization Act of 2014’’; tive American languages, S. 2442, to direct the Secretary H.R. 3913, to amend the Bank Holding Company Act of the Interior to take certain land and mineral rights on of 1956 to require agencies to make considerations relat- the reservation of the Northern Cheyenne Tribe of Mon- ing to the promotion of efficiency, competition, and cap- tana and other culturally important land into trust for the ital formation before issuing or modifying certain regula- benefit of the Northern Cheyenne Tribe, S. 2465, to re- tions; H.R. 4042, the ‘‘Community Bank Mortgage Serv- quire the Secretary of the Interior to take into trust 4 ice Asset Capital Requirements Study Act of 2014’’; and parcels of Federal land for the benefit of certain Indian H.R. 5148, the ‘‘Access to Affordable Mortgages Act of Pueblos in the State of New Mexico, S. 2479, to provide 2014’’, 9 a.m., 2128 Rayburn. for a land conveyance in the State of Nevada, S. 2480, Subcommittee on Oversight and Investigations, hearing to require the Secretary of the Interior to convey certain entitled ‘‘Allegations of Discrimination and Retaliation Federal land to Elko County, Nevada, and to take land and the CFPB Management Culture’’, 3:30 p.m., 2128 into trust for certain Indian tribes, and H.R. 4002, to re- Rayburn. voke the charter of incorporation of the Miami Tribe of Committee on Foreign Affairs, Full Committee, markup Oklahoma at the request of that tribe; to be immediately on the following legislation: H.R. 3398, the ‘‘Girls Count followed by an oversight hearing to examine responses to Act of 2014’’; H.R. 5041, the ‘‘Naftali Fraenkel Rewards natural disasters in Indian country, 2:30 p.m., SD–628. for Justice Act of 2014’’; H.R. 5206, to allow Foreign Committee on the Judiciary: to hold hearings to examine Service and other executive agency employees to designate the next steps for the ‘‘Violence Against Women Act’’ beneficiaries of their death benefits; the ‘‘Emergency Iron Dome Replenishment Act’’; H. Res. 281, expressing con- (VAWA), focusing on protecting women from gun vio- cern over persistent and credible reports of systematic, lence, 10 a.m., SD–106. state-sanctioned organ harvesting from non-consenting Subcommittee on Antitrust, Competition Policy and prisoners of conscience, in the People’s Republic of China, Consumer Rights, to hold hearings to examine pricing including from large numbers of Falun Gong practi- policies and competition in the contact lens industry, tioners imprisoned for their religious beliefs, and mem- 2:15 p.m., SD–226. bers of other religious and ethnic minority groups; and Special Committee on Aging: to hold hearings to examine H. Res. 683, expressing the sense of the House of Rep- the impact of Medicare observation status on seniors, 2:15 resentatives on the current situation in Iraq and the ur- p.m., SR–418. gent need to protect religious minorities from persecution from the Sunni Islamist insurgent and terrorist group the House Islamic State in Iraq and Levant (ISIL) as it expands its Committee on Agriculture, Subcommittee on Horticulture, control over areas in northwestern Iraq, 10 a.m., 2172 Research, Biotechnology, and Foreign Agriculture, hear- Rayburn. ing to review the impact of enforcement activities by the Subcommittee on the Western Hemisphere, hearing Department of Labor on specialty crop growers, 10 a.m., entitled ‘‘Building Prosperity in Latin America: Investor 1300 Longworth. Confidence in the Rule of Law’’, 2 p.m., 2200 Rayburn.

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Subcommittee on Asia and the Pacific, hearing entitled purposes; H.R. 4867, the ‘‘Economic Development ‘‘Twenty-Years of U.S. Policy on North Korea: From Through Tribal Land Exchange Act’’; H.R. 5026, the Agreed Framework to Strategic Patience’’, 2 p.m., 2172 ‘‘Fish Hatchery Protection Act’’; H.R. 5069, the ‘‘Federal Rayburn. Duck Stamp Act of 2014’’; H.R. 5203, the ‘‘Dwight D. Committee on the Judiciary, Full Committee, hearing en- Eisenhower Memorial Commission Reform Act’’; H.R. titled ‘‘The IRS Targeting Scandal: The Need for a Spe- 5204, the ‘‘Federal Lands Recreation Enhancement Mod- cial Counsel’’, 10 a.m., 2141 Rayburn. ernization Act of 2014’’; H.R. 5205, the ‘‘Northern Ne- Subcommittee on The Constitution and Civil Justice, vada Land Conservation and Economic Development hearing on oversight of the False Claims Act, 1 p.m., Act’’; S. 311, the ‘‘Lower Mississippi River Area Study 2237 Rayburn. Act’’; S. 354, the ‘‘Oregon Caves Revitalization Act of Subcommittee on Courts, Intellectual Property and the 2013’’; S. 476, to amend the Chesapeake and Ohio Canal Internet, hearing entitled ‘‘The U.S. Patent and Trade- Development Act to extend to the Chesapeake and Ohio mark Office: The America Invents Act and Beyond, Do- Canal National Historical Park Commission; and S. 1603, mestic and International Policy Goals’’, 3 p.m., 2141 the ‘‘Gun Lake Trust Land Reaffirmation Act’’, 10 a.m., Rayburn. 1324 Longworth. Committee on Natural Resources, Full Committee, markup Committee on Oversight and Government Reform, Full Com- on the following legislation: H. J. Res. 120, approving mittee, hearing entitled ‘‘IRS Abuses: Ensuring that Tar- the location of a memorial to commemorate the more geting Never Happens Again’’, 9:30 a.m., 2154 Rayburn. than 5,000 slaves and free Black persons who fought for Committee on Science, Space, and Technology, Full Com- independence in the American Revolution; H.R. 361, the mittee, hearing entitled ‘‘EPA’s Carbon Plan: Failure by ‘‘Alpine Lakes Wilderness Additions and Pratt and Mid- Design’’, 10 a.m., 2318 Rayburn. dle Fork Snoqualmie Rivers Protection Act’’; H.R. 3006, Committee on Small Business, Full Committee, hearing to authorize a land exchange involving the acquisition of entitled ‘‘Regulatory Overreach: Is EPA Meeting Its private land adjacent to the Cibola National Wildlife Small Business Obligations?’’, 1 p.m., 2360 Rayburn. Refuge in Arizona for inclusion in the refuge in exchange Committee on Transportation and Infrastructure, Sub- for certain Bureau of Land Management lands in River- committee on Economic Development, Public Buildings, side County, California, and for other purposes; H.R. and Emergency Management, hearing entitled ‘‘GSA Ten- 3109, to amend the Migratory Bird Treaty Act to exempt ant Agencies: Challenges and Opportunities in Reducing certain Alaskan Native articles from prohibitions against Costs of Leased Space’’, 10 a.m., 2167 Rayburn. sale of items containing nonedible migratory bird parts, Committee on Ways and Means, Subcommittee on Select and for other purposes; H.R. 4119, the ‘‘West Hunter Revenue Measures, hearing on dynamic analysis of the Street Baptist Church Study Act’’; H.R. 4182, to provide Tax Reform Act of 2014, 10 a.m., 1100 Longworth. that the Ozark National Scenic Riverways shall be admin- Subcommittee on Human Resources, hearing on sub- istered in accordance with the general management plan sidized jobs programs and their effectiveness in helping for that unit of the National Park System, and for other families escape poverty, 2 p.m., 1100 Longworth.

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

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of H. Res. ation of S. 2569, Bring Jobs Home Act. 676—Providing for authority to initiate litigation for ac- At 10:45 a.m., Senate will vote on the motion to in- tions by the President or other executive branch officials voke cloture on S. 2569, Bring Jobs Home Act. If cloture inconsistent with their duties under the Constitution of is not invoked on S. 2569, Senate will vote on the mo- the United States (Subject to a Rule). tion to invoke cloture on the motion to proceed to S. 2648, Emergency Supplemental Appropriations Act, and on confirmation of the nominations of Cynthia H. Akuetteh, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador to the Gabonese Republic, and to serve concurrently and without additional compensation as Ambassador to the Democratic Republic of Sao Tome and Principe, Erika Lizabeth Moritsugu, of the District of Co- lumbia, to be an Assistant Secretary of Housing and Urban Development, and Richard A. Kennedy, of Penn- sylvania, to be a Member of the Board of Directors of the Metropolitan Washington Airports Authority for a term expiring May 30, 2016.

Extensions of Remarks, as inserted in this issue

HOUSE Guthrie, Brett, Ky., E1255 Messer, Luke, Ind., E1264 Hall, Ralph M., Tex., E1255, E1257 Moore, Gwen, Wisc., E1265 Aderholt, Robert B., Ala., E1263 Higgins, Brian, N.Y., E1256 Moran, James P., Va., E1263 Barr, Andy, Ky., E1260 Hoyer, Steny H., Md., E1260 Norton, Eleanor Holmes, D.C., E1264 Brownley, Julia, Calif., E1266 Huizenga, Bill, Mich., E1255 Poe, Ted, Tex., E1262 Calvert, Ken, Calif., E1264, E1266 Johnson, Eddie Bernice, Tex., E1260, E1267 Price, David E., N.C., E1257 Carter, John R., Tex., E1260 Keating, William R., Mass., E1257 Reed, Tom, N.Y., E1263 Coffman, Mike, Colo., E1260 Lamborn, Doug, Colo., E1266 Sinema, Kyrsten, Ariz., E1262 Dent, Charles W., Pa., E1257 Lance, Leonard, N.J., E1261, E1267 Diaz-Balart, Mario, Fla., E1255 Lofgren, Zoe, Calif., E1256 Thompson, Bennie G., Miss., E1262 Duckworth, Tammy, Ill., E1265 Lujan Grisham, Michelle, N.M., E1260 Whitfield, Ed, Ky., E1261, E1267 Enyart, William L., Ill., E1259 Luja´ n, Ben Ray, N.M., E1258 Wilson, Joe, S.C., E1259 Foster, Bill, Ill., E1265 McCarthy, Kevin, Calif., E1256 Wolf, Frank R., Va., E1261 Franks, Trent, Ariz., E1265 McGovern, James P., Mass., E1264, E1266

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