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

Vol. 161 WASHINGTON, TUESDAY, DECEMBER 15, 2015 No. 182 House of Representatives The House met at noon and was MORNING-HOUR DEBATE AUTHORIZATION FOR USE OF called to order by the Speaker pro tem- MILITARY FORCE pore (Mr. KELLY of Mississippi). The SPEAKER pro tempore. Pursu- f ant to the order of the House of Janu- The SPEAKER pro tempore. The ary 6, 2015, the Chair will now recog- Chair recognizes the gentleman from DESIGNATION OF SPEAKER PRO nize Members from lists submitted by North Carolina (Mr. JONES) for 5 min- TEMPORE the majority and minority leaders for utes. The SPEAKER pro tempore laid be- morning-hour debate. fore the House the following commu- Mr. JONES. Mr. Speaker, 2 weeks ago nication from the Speaker: The Chair will alternate recognition when Secretary of Defense Ash Carter WASHINGTON, DC, between the parties, with each party testified before the House Armed Serv- December 15, 2015. limited to 1 hour and each Member ices Committee, I asked him if Con- I hereby appoint the Honorable TRENT other than the majority and minority gress’ debating and voting on an Au- KELLY to act as Speaker pro tempore on this thorization for Use of Military Force, day. leaders and the minority whip limited PAUL D. RYAN, to 5 minutes, but in no event shall de- Speaker of the House of Representatives. bate continue beyond 1:50 p.m.

NOTICE If the 114th Congress, 1st Session, adjourns sine die on or before December 24, 2015, a final issue of the Congres- sional Record for the 114th Congress, 1st Session, will be published on Thursday, December 31, 2015, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 30. The final issue will be dated Thursday, December 31, 2015, and will be delivered on Monday, January 4, 2016. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster.senate.gov/secretary/ Departments/ReporterslDebates/resources/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at https://housenet.house.gov/legislative/research-and-reference/transcripts-and-records/electronic-congressional-record-inserts. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Publishing Office, on 512– 0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. GREGG HARPER, Chairman.

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

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VerDate Sep 11 2014 03:05 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A15DE7.000 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9310 CONGRESSIONAL RECORD — HOUSE December 15, 2015 an AUMF, would help in the cause of gion, but we do share the belief that it is We firmly believe that among the most im- defeating ISIL. Secretary Carter said it past time for the Congress to fulfill its obli- portant duties of Congress is that of debat- would be helpful because we would need gations under the Constitution and vote on ing and voting on whether to send U.S. to show the troops that Congress sup- an AUMF that clearly delineates the author- armed forces into battle. On this matter, the ity and limits, if any, on U.S. military en- Constitution is crystal clear: it is the duty of ports them. gagement in Iraq, Syria and the surrounding Congress to authorize such engagement. We Two weeks ago, the Obama adminis- region. U.S. bombing campaigns have been believe that it violates our oath of office to tration announced that it would be going on for more than a year, and U.S. continue to ignore this urgent and serious sending an expeditionary force into troops on the ground have been increasingly matter. Iraq and Syria to fight ISIS. In his col- close to or drawn into combat operations, in- Ten months ago, the president sent a draft umn last week entitled ‘‘Obama’s Quiet cluding the recent death in combat of a spe- AUMF to Congress for consideration and last Shift in War on ISIS,’’ syndicated col- cial operations soldier in Iraq. Sunday he called, once again, on Congress to Consistent with your pledge to return to approve a new AUMF. It is now the role of umnist Doyle McManus wrote: ‘‘If the regular order, we urge you to direct the com- the Speaker to direct the committee of juris- first expeditionary forces succeed, as mittees of jurisdiction to draft and report diction to approve the Administration’s their record suggests they will, they out an AUMF as soon as possible. We do not draft, or to amend it, or to draft a new will almost surely be followed by believe in the illusion of a consensus author- version of the AUMF and to schedule that more.’’ I completely agree with Mr. ization, something that only happens rarely. resolution for consideration and a vote by McManus. We do believe the Congress can no longer ask the full House as expeditiously as possible. our brave service men and women to con- Mr. Speaker, on November 6, my col- Once again, we strongly urge you to bring tinue to serve in harm’s way while we fail in an AUMF before the House in January 2016 league JIM MCGOVERN and I, along with carrying out our constitutional responsi- so that the House may debate and vote on 33 of our colleagues, wrote a letter to bility in the area of war and peace. authorizing U.S. military operations in Iraq, Speaker RYAN urging him to allow de- As long as the House fails to assert its con- Syria and elsewhere against the Islamic bate on an AUMF on the House floor. stitutional prerogatives and authority, the State. We look forward to receiving your re- We never received a response. Last Administration may continue to expand the sponse. mission and level of engagement of U.S. Sincerely, week, JIM and I wrote Speaker RYAN Armed Forces throughout the region. We another letter urging him to allow a JAMES P. MCGOVERN, strongly urge you, Mr. Speaker, to bring an Member of Congress. debate on the AUMF on the House floor AUMF to the floor of the House as quickly as WALTER B. JONES, as one of the first actions Congress possible. Member of Congress. takes when we come back in January Sincerely, Mr. JONES. Mr. Speaker, if we do not 2016. James P. McGovern; Tom Cole; Barbara meet our responsibility, we will be- Mr. Speaker, President Obama con- Lee; Walter B. Jones; Peter Welch; come complicit in the loss of life tinues to escalate our involvement John Lewis; Bill Posey; John Abney Culberson; Ryan K. Zinke; Richard L. among our troops. How many young against ISIS in Iraq and Syria. Our Hanna; Thomas Massie; Ted S. Yoho; children will have a loved one that fight with ISIS isn’t going away any Ed Whitfield; Dana Rohrabacher; Jus- doesn’t come home from fighting for time soon, which is why it is high time tin Amash; Mark Sanford; Paul A. this country? Congress fulfills its constitutional duty Gosar; Mick Mulvaney; John J. Dun- The picture here, Mr. Speaker, is the can, Jr.; Matt Salmon; Rau´ l R. Lab- and debates our role in the Middle first one that I brought after we went East. As James Madison said: ‘‘The rador; Janice D. Schakowsky; Peter A. DeFazio; Charles B. Rangel; Louise M. into an unnecessary war known as Iraq. power to declare war, including the His daddy, Phillip Jordan, was a gun- power of judging the causes of war, is Slaughter; Janice Hahn; Joseph P. Kennedy; Michael C. Burgess; Chellie nery sergeant who was killed in 2003. fully and exclusively vested in the leg- Pingree; John Garamendi; Joseph The little boy’s name is Tyler Jordan. islature.’’ The most important vote by Crowley; David N. Cicilline; John Con- This is actually 12 years ago, and now a Member of Congress is to commit a yers, Jr.; Beto O’Rourke; Daniel T. Kil- he is 18 years of age. How many more young man or woman to fight and die dee. children will have to go without a fa- for this country. ther or a mother or a brother or sister Mr. Speaker, I have two letters that CONGRESS OF THE UNITED STATES, who lost their life in war? I include in the RECORD. Washington, DC, December 10, 2015. Hon. PAUL RYAN, We need to meet our constitutional CONGRESS OF THE UNITED STATES, Speaker of the House, House of Representatives, responsibility. It is embarrassing that Washington, DC, November 6, 2015. Washington, DC. we in Congress—I don’t even think we Hon. PAUL RYAN, DEAR SPEAKER RYAN: We write to you Speaker, House of Representatives, have a right to criticize the President, again to strongly urge you to bring before quite frankly. Let’s do our job based on Washington, DC. the U.S. House of Representatives an Au- DEAR SPEAKER RYAN: Among the issues thorization for the Use of Military Force the Constitution. Let’s do our job and that require urgent attention by the U.S. (AUMF) related to U.S. military involve- debate a new AUMF or a declaration of House of Representatives is the question of ment in Iraq, Syria and elsewhere against war. Let’s meet our responsibility for the extent of involvement by the U.S. mili- the Islamic State. We ask that you schedule the good of our men and women in uni- tary in the war against the Islamic State in the debate and vote on an AUMF resolution form and their families. Iraq and Syria. Given the recent announce- in January when the 114th Congress recon- Mr. Speaker, I ask God to please ment by President Obama of a deepening en- venes in 2016. bless our Nation, bless our men and tanglement in Syria and Iraq, it is critical As you are aware, U.S. involvement in Iraq that the House schedule and debate an Au- and Syria continues to escalate. In both women in uniform, and, please, God, thorization for the Use of Military Force countries, U.S. special operations forces are continue to bless America. (AUMF) as quickly as possible. engaged in front-line operations. Last month f Last week, the president announced initia- a bipartisan group of 35 Members of the tives that escalate U.S. engagement in com- House, representing a broad ideological spec- TAX EXTENDERS bat operations in Syria and Iraq. Specifi- trum, called on you to schedule such a de- The SPEAKER pro tempore. The cally, the U.S. will deploy a U.S. Special Op- bate as soon as possible. As that letter stat- Chair recognizes the gentleman from erations contingent into northern Syria to ed: ‘‘We do believe the Congress can no Maryland (Mr. HOYER) for 5 minutes. be embedded with and to advise opposition longer ask our brave service men and women Mr. HOYER. Mr. Speaker, within the militant forces in that region; and U.S. mili- to continue to serve in harm’s way while we tary advisors and special operations forces fail in carrying out our constitutional re- next few days, the House could take up already in Iraq will be embedded with Kurd- sponsibility in the area of war and peace.’’ a tax package that extends a number of ish and Iraqi forces on the front lines of com- We are attaching a copy of that letter for tax breaks permanently. The cost of bat. Secretary of Defense Carter also stated your convenience and review. In subsequent such a package runs in the $600 billion that U.S. air operations in both Syria and media reports, we were deeply disappointed to $800 billion range—none of which is Iraq will increase their bombing campaigns. to read that you do not believe that the 114th paid for—ballooning our deficits in a Taken all together, these represent a signifi- Congress needs to act on a new AUMF to way that reinforces a misguided double cant escalation in U.S. military operations wage war against the Islamic State, but standard that investments in the in the region and place U.S. military per- rather that the 14-year-old and 13-year-old sonnel on the front lines of combat oper- AUMFs approved by the 107th Congress growth of jobs and opportunities must ations. under starkly different circumstances pro- be offset, but tax cuts are always free. We do not share the same policy prescrip- vide the president with all the authority he Tax cuts, like everything else, have a tions for U.S. military engagement in the re- requires. cost. If we fail to pay for them, we will

VerDate Sep 11 2014 03:01 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.002 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 15, 2015 CONGRESSIONAL RECORD — HOUSE H9311 once again increase deficits and debt, Our answer has to be not to justify important point in her op-ed when she which in turn will be used as the cata- the irresponsible behavior, but to cor- said: ‘‘Most of the extensions under lyst for another round of cuts to the rect it. And this tax extenders package consideration are sensible enough pol- very programs I believe are vital to our will make that much more difficult. icy—and their merit is an argument for economy and to our people. Therefore, First, this package undermines Con- paying for them.’’ Mr. Speaker, I will oppose an unpaid- gress’ ability to invest in creating jobs I couldn’t agree more. This tax ex- for tax extenders package like this and opportunities that make the Amer- tenders package, itself, serves as a that is proposed, should it come to the ican Dream possible for millions of powerful argument for Democrats and floor. families. Republicans to come together to Before going through my concerns When we cut taxes without paying achieve that which we really need: about this deal in greater detail, let me for them, there are consequences. comprehensive tax reform. say that the package being discussed Every dollar in lost revenue is a dollar So, in closing, Mr. Speaker, while I has a number of tax preferences that I that must be made up somewhere else agree we need short-term certainty for and many others support. These in- in the budget. As I said earlier, these tax filers before the end of the year, I clude making permanent expansions of unpaid-for tax extenders will set the believe the price this package would the earned income tax credit, the child table for further Republican attempts have us pay is too steep and too irre- tax credit, and the American oppor- to slash critical investments in our Na- sponsible in the short term and in the tunity tax credit launched under the tion’s future. longer term. Instead, we could provide Recovery Act in 2009. It would also pro- Secondly, Mr. Speaker, it will hinder that same immediate certainty with a vide incentives to businesses and indi- our ability to restore fiscal stability by simple 2-year extension. That is what vidual filers for investment, research, making it less likely that we will be we ought to do. charitable contributions, and teaching able to protect the future sustain- Mr. Speaker, I urge my colleagues to expenses, among others. Most of us ability of entitlement programs like think carefully about the long-term support those efforts. Medicare and Social Security. impact and consequences of this tax ex- In many ways, this would be a bill In order to appear balanced, recent tenders package on the ability to cre- where everyone gets something they Republican budgets proposed trillions ate jobs and opportunities, grow our want. But, Mr. Speaker, our children of dollars in cuts to health programs economy, invest in strengthening our and grandchildren will get the bill. for seniors and the most vulnerable in security, reduce our Nation’s debt, and What concerns me most about this our society. Worsening our deficit out- balance our budget. deal is that it further entrenches the look by passing this bill invites them In closing, Mr. Speaker, I believe false notion that offsets only matter to continue that tack. that this Congress and our people ex- when it comes to spending priorities. While we face a challenge to our pect us to do better. We have a respon- The direct consequences will be pro- most critical retirement and health sibility to our country and to our chil- programs—a challenge driven by the viding Republicans with the ammuni- dren to do better. Let’s do it. retirement of the baby boom genera- tion they need to propose even deeper tion and the looming effect of com- f cuts to the very investments that help pound interest on our debt—my Repub- b 1215 grow the economy and create jobs both lican friends continue to offer budget in the short term and in the long term. ANDERSON TRUCKING: A Frankly, I am surprised that we proposals that severely cut benefits for MINNESOTA SUCCESS STORY haven’t heard more of an outcry that seniors and the most vulnerable Ameri- cans and they try to justify doing so The SPEAKER pro tempore. The the roughly $800 billion in lost revenue because our deficits are too high. Their Chair recognizes the gentleman from from this package is nearly the same proposal would exacerbate that by Minnesota (Mr. EMMER) for 5 minutes. amount as the $813 billion in discre- about $1 trillion, as Maya MacGuineas Mr. EMMER of Minnesota. Mr. tionary cuts Republicans insisted upon said. Here we are, though, about to Speaker, I rise today to recognize An- in the sequester. It would appear that consider proposals to raise the deficits derson Trucking Service for their im- we are setting ourselves up for Repub- even higher. pressive 60 years of business. licans demanding the next round of se- Thirdly, Mr. Speaker, this type of un- The founder of Anderson Trucking, vere cuts that harm our economy and paid-for, permanent extension will un- Harold Anderson, grew up in the trans- our people, both on the nondefense side dercut our economic competitiveness portation industry and began hauling and on the national security side. by making comprehensive tax reform granite with his father. In those early Frankly, Mr. Speaker, we must move more difficult to achieve, not easier. years, Harold developed a strong inter- away from this dangerous pattern. We need comprehensive tax reform, est in machinery and driving. So it was Republicans have continued to argue and this will make it more difficult. no surprise when he chose to pursue a that tax cuts pay for themselves by Locking in preferences while lowering career in trucking. spurring economic growth, a theory the revenue baseline by more than half Harold officially started Anderson that has been proven wrong, and, sadly, a trillion dollars will ensure a plunge Trucking Service after he returned as I said, our children will pay the into further debt. home from World War II. The company price for the deficits that have re- Mr. Speaker, I continue to believe is now run by Harold’s sons, Rollie and sulted. Others will argue that the ef- that the business community would Jim, as well as his grandsons, Brent fect on our deficits and debt of another much prefer to see rates go down and Scott. $700 billion in unpaid-for tax expendi- through comprehensive reform than Over the years, Anderson Trucking tures over the next 10 years can be ig- simply an extension of individual pref- has grown and prospered, but the An- nored because we would extend them erences. This bill promises them both— derson family has never forgotten their every year anyway. While convenient, more preferences and lower rates—at roots. The company and the Anderson neither of these is a responsible posi- the cost of deficits, debt, and dimin- family represent the best St. Cloud and tion for governing. ished investment in our economic com- central Minnesota have to offer. The In a Wall Street Journal piece last petitiveness. customer service of Anderson Trucking Monday, Maya MacGuineas, president There are certainly components of is only matched by the community of the Committee for a Responsible this tax extenders package that I, as I service provided by the Andersons and Federal Budget—the Committee for a said before, would like to make perma- their great employees. Responsible Federal Budget—asked: nent. I wish we could make them even Today Anderson Trucking has thou- ‘‘How do we explain to our children better, in fact. For instance, the child sands of rigs, hundreds of drivers, and that we borrowed more than $1 tril- tax credit should be structured to keep has driven millions of miles. The An- lion—counting interest—not because it up with inflation so those working the dersons, however, do not just measure was a national emergency or to make hardest to get by don’t continue to see success by the number of miles driven critical investments in the future but their resources dwindle year after year. or the number of deliveries made, but because we just don’t like paying our Again, let me quote Maya also by the high level of the customer bills?’’ MacGuineas when she highlighted this service that the company provides.

VerDate Sep 11 2014 01:29 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.003 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9312 CONGRESSIONAL RECORD — HOUSE December 15, 2015 For the past 6 decades, this inter- government agency fishing expedition Islam is a peaceful religion. No reli- national transportation company has that should raise serious concerns re- gion condones the taking of innocent successfully and safely delivered lating to our personal privacy and lib- lives intentionally. Let me repeat this. freight to their valued customers. erties. No religion condones taking the lives We look forward to seeing the contin- This significantly higher regulatory of innocent persons intentionally. ued success of Anderson Trucking for hurdle means community financial in- This is why I am here, because I want this generation and generations to stitutions will have to allocate more of to make it clear that Islam does not come. their limited resources to deal with condone this. We should not be talking Congratulations on your first 60 Washington’s red tape, rather than pro- about Islamic terrorists. Why not call years. viding loans to families and businesses them what they are: people who com- PREFERRED CREDIT, INC., EMBODIES MINNESOTA in Minnesota. mit dastardly deeds. If you do it in the NICE It is my hope that the CFPB will ex- name of a religion, that doesn’t make Mr. EMMER of Minnesota. Mr. empt small community financial insti- what you do a part of the religion. Peo- Speaker, I rise today to recognize Pre- tutions from this new burden, or we ple ought not be found guilty by their ferred Credit, Inc., of St. Cloud, Min- will have to work to draft legislation affiliation with a religion. nesota, for winning a Torch Award for that will help our small community What these people are doing—ISIL, al banks in Minnesota because, as I often Ethics from the Minnesota Better Busi- Qaeda, Daesh, ISIS, any name—is evil, say, Mr. Speaker, what is good for Min- ness Bureau. and we ought to call it such. It is not nesota is good for America. Preferred Credit was established in Islam. We ought not, as a result, decide St. Cloud in 1982 and quickly realized f that we are going to bar all members of their goal of becoming one of the pre- JUSTICE FOR ALL the Islamic faith from this country. ferred finance companies for the direct The SPEAKER pro tempore. The That would be wrong, Mr. Speaker. To sales industry throughout the United Chair recognizes the gentleman from even consider it is something that I States. This outstanding Minnesota Texas (Mr. AL GREEN) for 5 minutes. find repugnant: barring all people be- company accomplished this goal by Mr. AL GREEN of Texas. Mr. Speak- cause of their faith. giving their clients the best possible er, I rise today and I stand in the well The Islamic faith is not—is not—the customer service and building strong, of the House as a proud American. motivating factor behind all of this in- personal relationships. I love my country, Mr. Speaker. Be- justice that we see perpetrated by The way Preferred Credit achieves cause I love my country, I have tried ISIL. They can claim what they want, success is evidence of how deserving not to forget those who go to distant but the members of the faith have spo- they are of this award. The Torch places, those who go into harm’s way. ken up. Awards are meant to recognize compa- They do it because they love the coun- In Houston, Texas, we met just re- nies that go above and beyond for their try. Many of them do not come back cently and discussed this at length. customers, employees, vendors, and the same way they left, Mr. Speaker. Every Muslim in that room denounced community. They are the men and women who what was being perpetrated and perpet- I would like to congratulate Pre- serve in our military. I never want to uated by ISIL, by ISIS, by any name— ferred Credit, Incorporated, for receiv- forget the sacrifices that they make. evil. We ought not do this to a great re- ing this prestigious award and for rep- Today I want to salute and honor ligion. resenting what Minnesota is all about. them for the many causes that they I stand for justice, and I stand for Thank you for everything you have have taken up and for the many times justice for the Islamic faith. I believe contributed to the St. Cloud commu- that they have left their homes and that persons who are in harm’s way in nity and to the great State of Min- their loved ones to stand up for liberty Syria and in other countries ought to nesota. We would not be where we are and justice for all, to make real the be given an opportunity to escape today without great businesses like great American ideals, and to provide harm. yours. us the safety and security that we have I believe that the Good Samaritan THE BACKBONE OF MINNESOTA SMALL BUSINESS today. was right. The Good Samaritan didn’t AND AMERICA But I also stand here today in the ask: What will happen to me if I help Mr. EMMER of Minnesota. Mr. well of the House, Mr. Speaker, to an- Speaker, I rise today to discuss over- this person who is in harm’s way? The nounce my solidarity for justice, my Good Samaritan posed the question: regulation. solidarity with the Muslim community Chair of the Federal Reserve, Janet What will happen to him if I don’t help for justice, because I understand what him? Yellen, recently said that small com- it is like to be a part of a community That is the question we have to ask munity banks really are suffering from that is treated unjustly. regulatory overload. I absolutely agree. I lived through segregation in the ourselves as it relates to our brothers Community banks and credit unions United States of America. I know what and sisters. They are our brothers and are struggling with excessive and over- it is like to go to the back door. I know sisters because there is but one race. ly burdensome regulation. what it is like to drink from filthy That is the human race. Today 17 of my colleagues on the ‘‘colored’’ water fountains. I know One God created all of humanity to House Financial Services Committee what injustice looks like. I have seen live in harmony, to quote Dr. King. But and I sent a letter to the Consumer Fi- its face. I know what it smells like. the question we have to ask is: What nancial Protection Bureau, better I have been in waiting rooms where will happen to them if we don’t extend known as the CFPB, regarding the only Blacks could sit. They were for the hand of friendship? most recent addition to the pile of reg- Blacks only because there were other The Good Samaritan went so far as ulations harming consumers and com- places for others. I don’t want to see to take the person to a place where munity financial institutions, the anything like that, similar to that— there was shelter, where the person newly revised Regulation C. anything that is remotely similar— could receive some attention, and said Regulation C requires most banks occur to someone else. to the innkeeper, if you will: Extend and credit unions to collect new per- I am standing here today in soli- me a line of credit. If this person needs sonal data on loan applications begin- darity with the Muslim community be- more than what I can give you today, I ning January 1, 2018. This regulation cause of the injustice that is being per- will come back and I will take care of essentially doubles the current require- petrated against Islam. my line of credit. ments triggered by Dodd-Frank. I am a Christian. My grandfather was We owe it to ourselves, as a great The CFPB, without adequate jus- a Christian minister. But I stand here leader of the world, the world leader, to tification of need, now wants personal to support Islam today, one of the make sure that we extend justice to information, including business or great religions of the world. I do this, Islam. commercial information, property val- Mr. Speaker, because to demean Islam Mr. Speaker, I include for the ues, property addresses, credit scores, by adding the word terrorist with it is RECORD a list of the persons who were and interest rates. This appears to be a an injustice to the religion. in attendance at the meeting.

VerDate Sep 11 2014 01:29 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.005 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 15, 2015 CONGRESSIONAL RECORD — HOUSE H9313 HOUSE OF REPRESENTATIVES, Merciful God, we give You thanks for While the Mixed Oxide Fuel Fabrica- Washington, DC, December 13, 2015. giving us another day. tion Facility is about 70 percent com- Topic: Meeting with Community Leaders to Bless the Members of the people’s pleted, it will not be able to meet the Discuss Various Issues of Importance House as they work toward the dif- January 1, 2016, deadline establishing a that Impact America, our Community, and Future Generations. ficult and complicated task of funding $1 million a day fine up to $100 million Hosted by: Congressman Al Green. our government in a fair and equitable annually. This was documented today LIST OF PARTICIPANTS manner. May they negotiate with one in the Aiken Standard by SRS beat re- 1. Tahir Javid, President, Pakistan Asso- another in good faith and trust in a porter Derrek Asberry. ciation of Golden Triangle shared love for our Nation. While other options have been exam- 2. M.J. Khan, President, Islamic Society of Bless our Nation and its citizens as ined using flawed, biased studies, they Greater Houston we approach the end of 2015. Help us to are not real alternatives because the 3. Mehmet Okumus, President, Turkish look to the future with hope, and com- MOX process is the only viable, legal Community 4. Muhammad Sheikh, President, Houston- mitted to a renewed effort to work to- option under our nuclear nonprolifera- Karachi Sister City Association gether for a united America. tion agreement with the Russian Fed- 5. Mian Nazir, President, Pakistan Associa- Help us all to be truly grateful for eration. Additionally, it converts weap- tion of Greater Houston the blessings of this past year. ons-grade plutonium into green fuel, 6. Mustafa Carrol, Executive Directory, And, as always, we pray that all that promotes nuclear nonproliferation, and CAIR USA 7. Shahnela Nasim, President, South Asian is done this day be for Your greater eliminates the need for a repository. Chamber of Commerce honor and glory. The Department of Energy should 8. Shah Haleem, Chairman, Bangladesh As- Amen. commit to complete the MOX project sociation of Greater Houston f in its entirety, as it promised the peo- 9. Khalid Khan, Vice-Chair, Bangladesh As- ple of South Carolina, especially when sociation of Greater Houston THE JOURNAL considering the economic and environ- 10. Murad Ajani, President, His Highness The SPEAKER pro tempore. The The Agha Khan Council mental impact of storing the material. 11. Jamal Entlique, Vice President, Hous- Chair has examined the Journal of the In conclusion, God bless our troops, ton-Abhu Dabhi Sister City Association last day’s proceedings and announces and may the President by his actions 12. Matloob Khan, President, Shah Latif to the House his approval thereof. never forget September the 11th in the Cultural Institute Pursuant to clause 1, rule I, the Jour- global war on terrorism. 13. Syed Akhtar, President, Pakistan nal stands approved. Chamber of Commerce-USA f 14. Ilyas Choudry, Islamic Circle of North Mr. WILSON of South Carolina. Mr. America Speaker, pursuant to clause 1, rule I, I COMMUNICATION FROM THE 15. Shabbir Hussain, ICNA Houston Chap- demand a vote on agreeing to the CLERK OF THE HOUSE ter Speaker’s approval of the Journal. The SPEAKER pro tempore laid be- 16. Representation from Arab American The SPEAKER pro tempore. The Community Cultural Center fore the House the following commu- 17. Abuzer Tyabjee, Dawoodi Bora Commu- question is on the Speaker’s approval nication from the Clerk of the House of nity of the Journal. Representatives: The question was taken; and the 18. Latafat Hussain, Indian Muslim Asso- OFFICE OF THE CLERK, ciation of Greater Houston Speaker pro tempore announced that HOUSE OF REPRESENTATIVES, 19. Syed Shahid Sunni, President, Muslim the ayes appeared to have it. Washington, DC, December 15, 2015. Consul USA Mr. WILSON of South Carolina. Mr. Hon. PAUL D. RYAN, 20. Akhtar-Abdullah, Al-Noor Society of The Speaker, House of Representatives, Greater Houston Speaker, I object to the vote on the 21. Mohammad Junggua Community Mem- ground that a quorum is not present Washington, DC. ber and make the point of order that a DEAR MR. SPEAKER: Pursuant to the per- 22. John Shike WAA TV quorum is not present. mission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- 23. Saeed B. Gadi, (P.A.S.T.) and Pakistan The SPEAKER pro tempore. Pursu- Post. tives, the Clerk received the following mes- 24. Mahmud Dahri, Shah Latif Cultural In- ant to clause 8, rule XX, further pro- sage from the Secretary of the Senate on De- stitute ceedings on this question will be post- cember 15, 2015 at 9:29 a.m.: 25. Abdul Sattar Quereshi, PAGH. poned. That the Senate passed H.R. 2270. MEDIA The point of no quorum is considered That the Senate passed S. 2044. 1. Shamim Syed, Pakistan News withdrawn. Appointment: United States-China Economic Security 2. Tariq Khan, Pakistan Chronicle f 3. Kamran Jilani, Pakistan Journal and Review Commission. Pakistan Chronicle PLEDGE OF ALLEGIANCE With best wishes, I am 4. Mahmood Ahmed, Urdu Times Sincerely, 5. Tariq Hameed, Geo News The SPEAKER pro tempore. Will the KAREN L. HAAS. 6. Zahid Akhtar Khanzada, Geo News and gentleman from South Carolina (Mr. Jang Group. WILSON) come forward and lead the f f House in the Pledge of Allegiance. APPOINTMENT OF MEMBERS TO Mr. WILSON of South Carolina led RECESS THE UNITED STATES HOLO- the Pledge of Allegiance as follows: CAUST MEMORIAL COUNCIL The SPEAKER pro tempore. Pursu- I pledge allegiance to the Flag of the The SPEAKER pro tempore. The ant to clause 12(a) of rule I, the Chair United States of America, and to the Repub- declares the House in recess until 2 lic for which it stands, one nation under God, Chair announces the Speaker’s ap- p.m. today. indivisible, with liberty and justice for all. pointment, pursuant to 36 U.S.C. 2302, and the order of the House of January Accordingly (at 12 o’clock and 25 f minutes p.m.), the House stood in re- 6, 2015, of the following Members on the cess. THANK YOU, GOVERNOR HALEY part of the House to the United States Holocaust Memorial Council: f (Mr. WILSON of South Carolina asked and was given permission to ad- Mr. ISRAEL, New York b 1400 dress the House for 1 minute and to re- Mr. DEUTCH, Florida AFTER RECESS vise and extend his remarks.) f The recess having expired, the House Mr. WILSON of South Carolina. Mr. RECESS was called to order by the Speaker pro Speaker, I appreciate Governor Nikki tempore (Mr. WALKER) at 2 p.m. Haley of South Carolina for her deci- The SPEAKER pro tempore. Pursu- f sion to enforce the law and fine the De- ant to clause 12(a) of rule I, the Chair partment of Energy for failing to proc- declares the House in recess until ap- PRAYER ess weapons-grade plutonium, which proximately 4 p.m. today. The Chaplain, the Reverend Patrick the Department was statutorily man- Accordingly (at 2 o’clock and 5 min- J. Conroy, offered the following prayer: dated by 50 U.S. Code, Section 2566. utes p.m.), the House stood in recess.

VerDate Sep 11 2014 01:29 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.003 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9314 CONGRESSIONAL RECORD — HOUSE December 15, 2015 b 1600 SEC. 3. POLICY AND COMPREHENSIVE STRATEGY Yesterday, it was revealed that the TO COUNTER TERRORISTS’ AND TER- U.S. Department of Homeland Security AFTER RECESS RORIST ORGANIZATIONS’ USE OF SO- The recess having expired, the House CIAL MEDIA. actually prohibited immigration offi- was called to order by the Speaker pro (a) IN GENERAL.—Not later than 180 days cials from reviewing the social media after the date of the enactment of this Act, postings of all foreign citizens who tempore (Mr. COLLINS of New York) at the President shall transmit to the appro- were applying for U.S. visas and that 4 p.m. priate congressional committees a report f they only intermittently began looking that contains a comprehensive strategy to at posts from some visa applicants. So counter terrorists’ and terrorist organiza- ANNOUNCEMENT BY THE SPEAKER imagine a situation in which you have PRO TEMPORE tions’ use of social media, as committed to in the President’s 2011 ‘‘Strategic Implemen- people who are going to Syria, who are The SPEAKER pro tempore. Pursu- tation Plan for Empowering Local Partners posting on social media, and you have ant to clause 8 of rule XX, the Chair to Prevent Violent Extremism in the United a blanket prohibition on reviewing will postpone further proceedings States’’. those social media postings. That was today on motions to suspend the rules (b) FORM.—The report required by sub- the state of the situation as we were section (a) should be submitted in unclassi- on which a recorded vote or the yeas trying to defend the homeland. and nays are ordered, or on which the fied form, and may include a classified annex in accordance with the protection of intel- Frankly, the failure of this adminis- vote incurs objection under clause 6 of ligence sources and methods. tration to incorporate a review of so- rule XX. SEC. 4. APPROPRIATE CONGRESSIONAL COMMIT- cial media posts into the visa approval Record votes on postponed questions TEES DEFINED. process is absurd. Ignoring the online will be taken later. In this Act, the term ‘‘appropriate congres- statements of terrorists who are trying f sional committees’’ means the Committee on Foreign Affairs, the Committee on the to enter the United States puts our COMBAT TERRORIST USE OF Armed Services, the Committee on Home- country at risk. This must fixed. SOCIAL MEDIA ACT OF 2015 land Security, the Committee on the Judici- This bill, frankly, is timely; it is im- Mr. ROYCE. Mr. Speaker, I move to ary, and the Permanent Select Committee portant; and it forces the administra- suspend the rules and pass the bill on Intelligence of the House of Representa- tion to put forward a strategy to com- tives and the Committee on Foreign Rela- (H.R. 3654) to require a report on bat terrorists’ use of this social media. tions, the Committee on Armed Services, the In 2011, the President promised to cre- United States strategy to combat ter- Committee on Homeland Security and Gov- rorist use of social media, and for other ernmental Affairs, the Committee on the Ju- ate that strategy, but he never deliv- purposes, as amended. diciary, and the Select Committee on Intel- ered anything. We are, simply, not The Clerk read the title of the bill. ligence of the Senate. going to defeat ISIS or other terrorist The text of the bill is as follows: The SPEAKER pro tempore. Pursu- groups without combating their social H.R. 3654 ant to the rule, the gentleman from media recruiting. Following a bipartisan letter from Be it enacted by the Senate and House of Rep- California (Mr. ROYCE) and the gen- resentatives of the United States of America in tleman from New York (Mr. ENGEL) Representatives POE of Texas, ENGEL, Congress assembled, each will control 20 minutes. SHERMAN, and myself last March, Twit- SECTION 1. SHORT TITLE. The Chair recognizes the gentleman ter strengthened its policies to assert This Act may be cited as the ‘‘Combat Ter- from California. that statements threatening or pro- rorist Use of Social Media Act of 2015’’. GENERAL LEAVE moting terrorism were against Twit- SEC. 2. REPORT ON STRATEGY TO COMBAT TER- Mr. ROYCE. Mr. Speaker, I ask unan- ter’s terms of service. Most of the RORIST USE OF SOCIAL MEDIA. imous consent that all Members may other social media companies have (a) IN GENERAL.—Not later than 90 days have 5 legislative days to revise and ex- similar user guidelines that prohibit after the date of the enactment of this Act, tend their remarks and to include any threats of violence and the use of their the President shall transmit to the appro- extraneous material for the RECORD. platforms by terrorists. priate congressional committees a report on The SPEAKER pro tempore. Is there We need a strategy that clearly ar- United States strategy to combat terrorists’ objection to the request of the gen- and terrorist organizations’ use of social ticulates our country’s goals, the re- media. tleman from California? sponsibilities of each Federal agency, (b) ELEMENTS.—The report required by sub- There was no objection. what role each one will play, a vision section (a) shall include the following: Mr. ROYCE. Mr. Speaker, I yield my- of how our government is going to (1) An evaluation of what role social media self such time as I may consume. work with the private sector, and a vi- Mr. Speaker, I rise today in strong plays in radicalization in the United States sion of how we are going to pull civil support of this legislation, H.R. 3654. It and elsewhere. society into this effort. Without a (2) An analysis of how terrorists and ter- is entitled the Combat Terrorist Use of strategy, the administration’s effort to rorist organizations are using social media, Social Media Act of 2015. including trends. I want to recognize the leadership of combat terrorists’ use of social media appears to be disconnected, and it ap- (3) A summary of the Federal Govern- Judge TED POE, a Member of this body, ment’s efforts to disrupt and counter the use on this critical issue. pears to be ineffective. of social media by terrorists and terrorist or- The threats posed by Islamist terror- Then, of course, after we have that ganizations, an evaluation of the success of ists have evolved, but the administra- strategy, we are going to need action. such efforts, and recommendations for im- It is ironic that extremist groups have provement. tion’s policies have not evolved. If we (4) An analysis of how social media is being are going to prevent additional at- turned to Twitter, to Facebook, and to used for counter-radicalization and counter- tacks, then the President must lay out YouTube in order to encourage attacks propaganda purposes, irrespective of whether a broad, overarching strategy needed on a free society when these companies or not such efforts are made by the Federal to win. That strategy must include a would not have been created without Government. plan to counter terrorists’ use of social there having been a free society, one (5) An assessment of the value of social media. which upholds free speech, free media posts by terrorists and terrorist orga- Terrorists are skillfully exploiting thought, and encourages entrepreneur- nizations to law enforcement. ship. (6) An overview of social media training social media to recruit supporters, to available to law enforcement and intel- radicalize, to raise money, to spread Mr. Speaker, it is imperative that ligence personnel that enables such per- fear. Two weeks ago in San Bernardino, the administration lays out how we sonnel to understand and combat the use of California, 14 innocent people were will contend with these terrorists in social media by terrorists and terrorist orga- killed, and 21 people were injured by their hijacking of the social network nizations, as well as recommendations for radical Islamist terrorists. We know for their twisted purposes. We truly improving or expanding existing training op- these extremists—husband and wife— have, basically, a caliphate today on portunities. used social media, with one of them the Internet—a virtual caliphate, if (c) FORM.—The report required by sub- you will, on the Internet. This bill by section (a) should be submitted in unclassi- making a pledge on Facebook in sup- fied form, and may include a classified annex port of ISIS. This pledge was identified Judge TED POE is intended to force a in accordance with the protection of intel- by Facebook and was taken down im- strategy to solve this problem. ligence sources and methods. mediately. I reserve the balance of my time.

VerDate Sep 11 2014 04:43 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.011 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 15, 2015 CONGRESSIONAL RECORD — HOUSE H9315 HOUSE OF REPRESENTATIVES, PER- this bill so that it may proceed expeditiously to surreptitiously communicate in MANENT SELECT COMMITTEE ON IN- to the House floor for consideration. terms of plotting terrorist attacks. We TELLIGENCE, The Judiciary Committee takes this action have to be one step ahead of them, and December 10, 2015. with our mutual understanding that by fore- we cannot let them be one step ahead Hon. ED ROYCE, going consideration of H.R. 3654 at this time, Chairman, we do not waive any jurisdiction over subject of us. House Committee on Foreign Affairs. matter contained in this or similar legisla- That is why legislation like this is so DEAR CHAIRMAN ROYCE: On December 9, tion, and that our Committee will be appro- important. I cannot think of a conflict 2015, your committee ordered H.R. 3654, the priately consulted and involved as this bill in the past in which our enemies have ‘‘Combat Terrorist Use of Social Media Act or similar legislation moves forward so that been able to broadcast such horrific de- of 2015,’’ reported. we may address any remaining issues in our As you know, H.R. 3654 contains provisions pictions of destruction and bloodshed, jurisdiction. Our Committee also reserves like we are seeing from ISIS. We all within the jurisdiction of the Permanent Se- the right to seek appointment of an appro- lect Committee on Intelligence. On the basis priate number of conferees to any House- know the images of Mohammed of your consultations with the Committee Senate conference involving this or similar Emwazi, who was known as Jihadi and in order to expedite the House’s consid- legislation, and asks that you support any John, as he brutally murdered innocent eration of the bill, the Permanent Select such request. people. Those videos spread across the Committee on Intelligence will not assert a I would appreciate a response to this letter Internet with staggering speed, show- jurisdictional claim over the bill by seeking confirming this understanding with respect ing everyone in the world the threat a sequential referral. This courtesy is, how- to H.R. 3654, and would ask that a copy of that ISIS posed and the tactics ISIS ever, conditioned on our mutual under- our exchange of letters on this matter be in- standing and agreement that it will in no cluded in the Congressional Record during fighters were willing to use. Fortu- way diminish or alter the jurisdiction of the Floor consideration of H.R. 3654. nately, the administration’s efforts Permanent Select Committee with respect Sincerely, succeeded in taking him out, but we to the appointment of conferees or to any fu- BOB GOODLATTE, know there are far too many who are ture jurisdictional claim over the subject Chairman. waiting to take his place. matter contained in the bill or any similar ISIS isn’t just using social media to legislation. HOUSE OF REPRESENTATIVES, I would appreciate your response to this foment fear and panic. ISIS and other COMMITTEE ON FOREIGN AFFAIRS, groups have taken full advantage of letter confirming this understanding and Washington, DC, December 11, 2015. would request that you include a copy of this Hon. BOB GOODLATTE, Twitter, Facebook, YouTube, and other letter and your response in the committee Chairman, platforms to spread their violent ide- report for the bill and in the Congressional House Committee on the Judiciary. ology, to recruit new fighters, and to Record during floor its consideration. Thank DEAR MR. CHAIRMAN: Thank you for con- radicalize members of vulnerable and you in advance for your cooperation. sulting with the Committee on Foreign Af- marginalized populations. For exam- Sincerely, fairs on H.R. 3654, the Combat Terrorist Use ple, as more and more information DEVIN NUNES, of Social Media Act of 2015, and for agreeing Chairman. comes out about the San Bernardino to be discharged from further consideration shooters, it is becoming clear that of that bill. HOUSE OF REPRESENTATIVES, I agree that your forgoing further action Tashfeen Malik used Facebook to con- COMMITTEE ON FOREIGN AFFAIRS, on this measure does not in any way dimin- vey her commitment to violent extre- Washington, DC, December 11, 2015. ish or alter the jurisdiction of the Com- mism to overseas contacts. Hon. DEVIN NUNES, mittee on the Judiciary, or prejudice its ju- We need to find a way to deal with Chairman, Permanent Select Committee on In- risdictional prerogatives on this bill or simi- this challenge on social media without telligence. lar legislation in the future. I would support DEAR MR. CHAIRMAN: Thank you for con- violating free expression or privacy your effort to seek appointment of an appro- concerns. It is going to require creative sulting with the Committee on Foreign Af- priate number of conferees to any House- fairs on H.R. 3654, the Combat Terrorist Use Senate conference involving this legislation. thinking, but I am confident that we of Social Media Act of 2015, and for agreeing I will seek to place our letters on H.R. 3564 can do it. We have to do it. We don’t to forgo seeking a sequential referral of that into the Congressional Record during floor have a choice but to do it. We have al- bill to the House Permanent Select Com- consideration of the bill. I appreciate your ready taken some steps. I worked with mittee on Intelligence. cooperation regarding this legislation and Chairman ROYCE and with Representa- I agree that your forgoing further action look forward to continuing to work with on this measure does not in any way dimin- tives POE of Texas and SHERMAN to your Committee as this measure moves push Twitter to make it easier for ish or alter the jurisdiction of your Com- through the legislative process. mittee, or prejudice its jurisdictional prerog- Sincerely, users to report recruitment efforts. atives on this bill or similar legislation in EDWARD R. ROYCE, This is a small step to help with one of the future. I would support your effort to Chairman. the tools that ISIS is using, but they seek appointment of an appropriate number Mr. ENGEL. Mr. Speaker, I yield my- are constantly evolving, and we need to of conferees to any House-Senate conference keep looking for ways to push back. involving this legislation. self such time as I may consume. I will seek to place our letters on H.R. 3564 I rise in support of this measure that That is where this legislation comes into the Congressional Record during floor would push back against the use of so- in. This bill would require the adminis- consideration of the bill. I appreciate your cial media by terrorist groups. tration to devise a strategy to combat cooperation regarding this legislation and Let me start by thanking Congress- terrorists’ use of social media and to look forward to continuing to work with man POE of Texas for introducing this foster greater collaboration between your Committee as this measure moves legislation. I am very glad to be an government and private sector compa- through the legislative process. nies to help identify and stop terrorist Sincerely, original cosponsor. I want to thank EDWARD R. ROYCE, Congressman SHERMAN for his hard activities online. Again, we need to Chairman. work, and I want to thank, of course, look for every advantage possible in our chairman, Chairman ROYCE. This is taking the fight to ISIS. This bill HOUSE OF REPRESENTATIVES, a real bipartisan, important, strong would help us push back on one of the COMMITTEE ON THE JUDICIARY, measure. ways ISIS has achieved such a global Washington, DC, December 11, 2015. I think we need to be using every reach. Hon. ED ROYCE, Again, I commend Mr. POE of Texas Chairman, tool at our disposal to meet the chal- Committee on Foreign Affairs. lenge posed by ISIS and other terrorist for his tireless efforts in bringing in DEAR CHAIRMAN ROYCE: I am writing with groups, and this bill will help us to legislation to the floor. I commend the respect to H.R. 3654, the ‘‘Combat Terrorist meet them on the virtual battlefield, chairman as well and Mr. SHERMAN. I Use of Social Media Act of 2015,’’ which was which is where they have been having support this measure, and I urge my referred to the Committee on Foreign Affairs such great success—on social media. colleagues to do the same. and in addition to the Committee on the Ju- Anyone who has looked at the situa- I reserve the balance of my time. diciary. As a result of your having consulted with us on provisions in H.R. 3654 that fall tion over the past months or years Mr. ROYCE. Mr. Speaker, I yield 6 within the Rule X jurisdiction of the Com- knows that the one major difference is minutes to the gentleman from Texas mittee on the Judiciary, I agree to discharge social media. Social media, of course, (Mr. POE), the author of this bill and our Committee from further consideration of riles up jihadists and also enables them the chairman of the Foreign Affairs

VerDate Sep 11 2014 04:43 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.007 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9316 CONGRESSIONAL RECORD — HOUSE December 15, 2015 Subcommittee on Terrorism, Non- online posts drew some attention by issue in 2010 in Holder v. Humanitarian proliferation, and Trade. the FBI. Law Project that a foreign terrorist or- Mr. POE of Texas. Mr. Speaker, I In 2011, as the chairman has said, the ganization does not have constitu- want to thank Representative SHER- administration released a report on tional rights in the United States MAN, on the other side, for cospon- countering violent extremists that rec- under the First Amendment. So this is soring this legislation; and I want to ognized that online radicalization was not a problem. thank Chairman ROYCE and Chairman a growing problem. The administration In this 21st century fight against ter- ENGEL for being original cosponsors of promised a strategy of how we can deal rorists who are sophisticated and tech this bill. with this. Four years later, unfortu- savvy, we have to defeat these organi- Mr. Speaker, this is another piece of nately, we don’t have a strategy, and zations on all the battlefields: over- legislation that has come out of the we don’t have a plan. This is a problem seas, over here, and online. Foreign Affairs Committee—bipar- because individual agencies are making And that is just the way it is. tisan, unanimously voted on, and ap- their own unilateral decisions. Mr. ENGEL. Mr. Speaker, I reserve proved by the Foreign Affairs Com- This week, we learned that the De- the balance of my time. mittee, as much of our legislation is. partment of Homeland Security did not Mr. ROYCE. I yield 3 minutes to the Mr. Speaker, I also want to thank review the social media posts of gentlewoman from Florida (Ms. ROS- three staffers who have worked on the Tashfeen Malik, who was granted a LEHTINEN), the chair of the Foreign Af- Subcommittee on Terrorism, Non- fiancee visa, but posted her radical fairs’ Subcommittee on the Middle proliferation, and Trade—Luke Murry, views on social media prior to obtain- East and North Africa. Oren Adaki, and Jeff Dressler, who now ing the visa. Ms. ROS-LEHTINEN. Mr. Speaker, I works with the majority leader’s staff. The State Department does not know thank the chairman and the ranking These three individuals know more how to effectively counter terrorist member, who lead this committee in about terrorism, I think, than any messaging because it does not have the such an able, expert manner and in a three people on the Hill, and I want to expertise of the intelligence commu- bipartisan way. I thank especially the thank them for their work not only on nity. The intelligence community ap- author of this important resolution, this bill but on legislation in general. proaches social media as a ‘‘capture ev- one of our subcommittee chairmen, As has been said, Mr. Speaker, ter- erything’’ because it has not been made TED POE. rorists’ use of social media has ex- clear what it can do and what it cannot I rise in strong support of Judge ploded over the last several years. A re- do. The FBI does not know how far it POE’s bill, the Combat Terrorist Use of cent study by The Brookings Institute should push social media companies to Social Media Act. I urge all of my col- found that ISIS now uses 40,000 Twitter prohibit them from allowing terrorist leagues to support this important accounts. Terrorists use social media organizations’ content on their sites. measure. to do the following: to recruit others, So we must have a comprehensive Extremist groups like ISIS are well- to raise money, to spread propaganda, strategy before we can effectively de- known for their extensive use of social and to even train future fighters. feat the enemy on the cyber battle- media, spreading their hateful ide- This legislation deals with foreign field. Mr. Speaker, all U.S. depart- ology, inciting violence, and attempt- terrorist organizations. We are not ments really must be singing the same ing to recruit susceptible individuals to talking about a person who claims to song on the same page in the hymnal their hateful and twisted cause. be a terrorist or who we think is a ter- about how to defeat foreign terrorist When we hear reports and statistics rorist. It is specifically dealing with organizations that use social media— that we have heard today—like ISIS foreign terrorist organizations that are American social media companies. having over 40,000 Twitter accounts or designated by our government. I will say this: Facebook has done a that there are an estimated 200,000 pro- The recipes for the bombs used at the fairly decent job of bringing down ter- ISIS social media posts per day—clear- Boston Marathon were in al Qaeda’s rorist sites, and Facebook has seen a ly, more needs to be done. These magazine, which was posted on social drop in the number of terrorists that jihadists have become more and more media before the attack. The al Qaeda try to use their site, but not all social tech savvy and are more adept at ma- affiliate al Shabaab live tweeted the media companies have been as respon- nipulating the tools of social media. attack on a Kenyan mall that killed 72 sive to terrorism. Yet we in the United States lack any people. The al Qaeda branch in Yemen, Mr. Speaker, we already have tech- comprehensive strategy to counter known as AQAP, which is another ter- nology that is used to make sure that their perverted ideology via social rorist organization, held a press con- child pornography is not posted online. media. ference on Twitter, allowing users to Thanks to Hany Farid, the chairman of As Judge POE has very ably argued, submit questions that were then an- the computer science department at the administration could be stopping swered by AQAP and were posted back Dartmouth College, who invented a pro-extremists’ social media in much on Twitter the following week—a con- technology that is used with Microsoft. the same way that we now stop online ference call by terrorists. In October, He said that we can use that same pro- child pornography. ISIS and other for- ISIS issued a new instruction manual tocol that we do to bring down child eign terrorist organizations do not on how terrorists can use social media. pornography to bring down social have free speech rights under American Today, wannabe terrorists don’t have media sites that deal with foreign ter- law. to go to the battlefield—to Syria—to rorist organizations’ propaganda and Now, we were all shocked, as you get trained. They can get trained on- their spreading of murder. Here is what heard today, that our very own Depart- line—like receiving college credits—on he said: ment of Homeland Security main- how to be a terrorist and on how to be ‘‘There’s no fundamental technology tained a policy that prevented the a fighter. or engineering limitation. This is a screening of visa applicants’ social Nationwide, the FBI is currently in- business or policy decision. Unless the media accounts because we worried vestigating 900 potential lone wolf ter- companies have decided that they just about bad public relations; we worried rorists in the United States. The Inter- can’t be bothered.’’ about intrusions into their privacy, net and social media serve as their So that is his opinion on how we can even though social media posts, by playbook to carry out attacks. Since use this same protocol. This can be their very definition, are exactly that, March of 2014, 71 people in the United done. We can use the same protocol, reaching out to the public through so- States have been charged with crimes and we can bring down those foreign cial manners, meaning through public related to ISIS. terrorist organization sites. ways. This is not a free speech issue—that Every pro-ISIS post or any post by b 1615 has been discussed, and some are con- any other foreign terrorist organiza- Their backgrounds are very different, cerned about that—because we are tion that uses Facebook, YouTube, or but nearly all of them had spent time dealing specifically with foreign ter- Twitter, every one that we are able to online voicing their support for ISIS. rorist organizations. The Supreme take down before action is being taken Later, they were arrested after their Court has already ruled regarding that is one less chance for these extremists

VerDate Sep 11 2014 03:44 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.013 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 15, 2015 CONGRESSIONAL RECORD — HOUSE H9317 to recruit and spread their vicious using social media to spread hate, fear, The past few months have been marked by propaganda, and the administration and violence. senseless threats or actual violence and trag- needs to start getting serious about I again want to recognize my col- edy across the globe from the most recent de- stopping it. leagues Representative POE of Texas tails of the threat triggering the This bill will require the administra- and Representative ENGEL of New York Public School District shut down, to the San tion to provide Congress—and, there- for their leadership on this measure, Bernardino shootings, to Boko Haram attacks fore, the American public—with a which I encourage all the Members of in Nigeria, shootings in Bamako, , at the strategy to fight Islamic extremists’ this House to support. Bartaclan Theatre and other social venues in use of social media, as well as require I yield back the balance of my time, Paris, to attacks in Beirut, Lebanon and the that the administration give us a pol- Mr. Speaker. downing of a plane claiming innocent lives of icy that enhances the collaboration be- Ms. JACKSON LEE. Mr. Speaker, I thank Egyptians and Russians. tween the Federal Government and so- my colleague, Congressman TED POE from Violent extremism cannot be the ‘‘new-nor- cial media companies so that we can Texas for his work on H.R. 3654, Combatting mal’’ in our nation and in our world. counter this troubling and dangerous Terrorists’ Use of Social Media Act of 2015. To combat the scourge of violent extremism, threat. The proliferation of terrorism is an existential and make sure this is not our ‘‘new normal’’ it I applaud Judge POE for introducing threat to our homeland greater than ever be- is important that we adapt to the capabilities of this bill. I thank our esteemed chair- fore because of the viral spread of extremism adversaries of peace through a multipronged man and ranking member for bringing on the world-wide web. approach, which is why I support H.R. 3654. it to the floor in such a speedy manner. The challenge before us is balancing civil Specifically, this bill requires the President I offer my full support, and I urge all liberties such as freedom of speech with our to transmit to Congress a report on U.S. strat- of my colleagues to do the same. national security interests. egy to combat terrorists’ and terrorist organi- Mr. ENGEL. Mr. Speaker, every day Various social media platforms are being zations’ use of social media. ISIS is working to bring new fighters utilized by Daesh leaders and their affiliates This bill is in tandem with the President’s into its ranks, recruiting candidates across the globe to reach, engage and comprehensive strategy to counter terrorists’ from South Asia, from France, the radicalize—instantly and for free. and terrorist organizations’ use of social U.K., and right here in the United One only needs to view the gruesome prop- media, encapsulated in the President’s 2011 States. ISIS is able to cast such a wide aganda videos put online by Daesh with evoc- Strategic Implementation Plan for Empowering net because they are taking full advan- ative music, clearly edited to inspire violence Local Partners to Prevent Violent Extremism in tage of social media. We need to take with imagery that conjures an ‘‘us vs. them’’ the United States. this tool out of their hands, even as we emotion. Among other things, the President’s robust press forward with our partners to The world-wide web was intended as a plat- plan seeks to protect our communities from fight ISIS on the battlefield. form to share productive and creative knowl- violent extremist recruitment and This legislation will enable us to edge and ideas. radicalization. work more closely with social media The sensory impact of the violent propa- This is a top national security priority for the companies and put together a strategy ganda video is so powerful that a powerful Administration and those of us here in Con- to meet this challenge. counter-narrative is imperative. gress. Again, I want to commend my friend, Through its online campaign, Daesh in- The President’s strategic plan and H.R. Judge POE. stantly gains access to vulnerable and impres- 3654 facilitate the creation of a report which I urge a ‘‘yes’’ vote on this bill. sionable minds, whether teenagers going will enable our country in our efforts at com- Mr. Speaker, I would say to the gen- through teenage angst or unemployed edu- batting violent extremism through: evaluation tleman from Texas (Mr. POE), you are cated women and men who have limited eco- of the role social media plays in radicalization right: ‘‘That is just the way it is.’’ nomic prospects and feel disenfranchised from in the United States and across the globe; I yield back the balance of my time. society. analysis of how terrorists and terrorist organi- Mr. ROYCE. Mr. Speaker, again, it So what we have is a me´lange of Daesh re- zations are using social media; recommenda- was revealed yesterday that the U.S. cruits, copycats and wannabes all inspired vis tions to improve the federal government’s ef- Department of Homeland Security ac- a vis the worldwide web, ready to carry on forts to disrupt and counter the use of social tually prohibited immigration officials and die for an ideology they don’t fully grasp media by terrorists and terrorist organizations; from reviewing the social media post- its gravity on them and their future. a classified assessment of the intelligence ings of all foreign citizens applying for The evidence of this is tens of thousands of value of terrorists’ social media posts; and a U.S. visas and only sporadically began foreign fighters from all over the world who classified overview of training available to law looking at posts from some visa appli- have left their homes and joined Daesh in Iraq enforcement and intelligence personnel to cants. and Syria. combat terrorists’ use of social media and rec- The failure to incorporate a review of But then we also have those who do not ommendations for improving or expanding ex- social media posts into the visa ap- even leave the comforts of their homes in car- isting training opportunities. proval process is absurd. Ignoring the rying out their crimes. Part of what the Bill seeks to achieve is in- online statements of those terrorists Part of what our government and govern- formation on our nation’s policy that enhances trying to enter the United States puts ments across the globe must do is to fight the exchange of information and dialogue be- our country at risk. This must be fixed. back by cutting off terrorist bank accounts, tween the federal government and social Destroying ISIS will require deter- Twitter, Facebook, Google and other social media companies as it relates to the use of mined leadership. It is going to require media accounts. social media platforms by terrorists. Presidential leadership. And the Presi- Whereas money is the currency for compen- Finally, among other things, the Bill also dent must use his authority as Com- sating Daesh’s recruits, social media is being calls for our updated comprehensive strategy mander in Chief to lead this fight to utilized as a currency and tool for engaging to counter terrorists’ and terrorist organiza- destroy ISIS—not to contain it—to de- and brainwashing these recruits. tions’ use of social media, as committed to in stroy ISIS and other extremist groups. I commend our powerful military’s might and the President’s 2011 Strategic Implementation So it has been said that a virtual ca- professionalism of neutralizing Abu Salah who Plan for Empowering Local Partners to Pre- liphate awash in hate and propaganda has been described as one of the most senior vent Violent Extremism in the United States. exists online. Yet U.S. Government ef- and experienced members of Daesh’s finan- As a nation, we must work together, private forts in this area are failing. A strat- cial network and in fact has been referred to and public sector to prevent all types of extre- egy to combat terrorist use of social as the organization’s finance minister. mism regardless of who inspires it. media is one of many measures the ad- I hope that our friends in Silicon Valley and At the same time, countering ISIS, better to ministration must develop so we can the tech industry will join us in our fight be referred to as Daesh, Boko Haram, al- win the fight. Promised in 2011, this against Daesh with their genius as we con- Qa’ida and other extremists’ violent ideologues strategy is overdue. tinue our collective efforts of addressing the requires our coordinated social media, intel- With this bill, Congress is demanding role that social media will play in defeating en- ligence sharing, law enforcement and commu- that the administration deliver its emies of the peace on the traditional battle- nity engagement strategy that will enable us to strategy so that the Federal agencies field as well as on the contemporary battlefield thwart violent extremism, saving many Amer- can effectively prevent terrorists from of the web. ican lives.

VerDate Sep 11 2014 04:58 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.014 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9318 CONGRESSIONAL RECORD — HOUSE December 15, 2015 The SPEAKER pro tempore. The since 2011, 4 of them in direct reprisal for (3) urges countries in Latin America and question is on the motion offered by their work; the Caribbean to be vocal in condemning vio- the gentleman from California (Mr. Whereas according to the Committee to lations of press freedom, violence against Protect Journalists, at least 4 journalists journalists, and the culture of impunity that ROYCE) that the House suspend the have been killed in Brazil in 2015, many leads to self-censorship; rules and pass the bill, H.R. 3654, as times after being tortured and having their (4) urges countries in the Western Hemi- amended. bodies mutilated; sphere to uphold the principles outlined in The question was taken. Whereas Evany Jose´ Metzker, a political the Inter-American Democratic Charter and The SPEAKER pro tempore. In the blogger in the state of Minas Gerais who had urges their neighbors in the region to stand opinion of the Chair, two-thirds being been investigating a child prostitution ring, by the charter they are a party to; and in the affirmative, the ayes have it. was found decapitated outside the town of (5) urges the United States Agency for ´ Mr. ROYCE. Mr. Speaker, I object to Padre Paraıso; International Development and the Depart- Whereas according to the Organization of the vote on the ground that a quorum ment of State to assist, when appropriate, American States (OAS) 2014 Annual Report the media in closed societies to promote an is not present and make the point of of the Inter-American Commission on open and free press. order that a quorum is not present. Human rights, journalists covering protests The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- in Venezuela were subject to assaults, ob- ant to the rule, the gentleman from ant to clause 8 of rule XX, further pro- struction, detention, raids, threats, censor- California (Mr. ROYCE) and the gen- ceedings on this question will be post- ship orders, and confiscation or destruction tleman from New York (Mr. ENGEL) poned. of equipment; Whereas, on April 21, 2015, a lawsuit within each will control 20 minutes. The point of no quorum is considered the 29th District Tribunal of the Metropoli- The Chair recognizes the gentleman withdrawn. tan area of Caracas charged the journal El from California. f Nacional and its Chief Editor Miguel GENERAL LEAVE Henrique Otero for ‘‘reproducing false infor- Mr. ROYCE. Mr. Speaker, I ask unan- SUPPORTING FREEDOM OF THE mation’’ and was forced to flee Venezuela; PRESS IN LATIN AMERICA AND Whereas the Honduran national human imous consent that all Members have 5 THE CARIBBEAN rights commissioner reported that 8 journal- legislative days to revise and extend ists and social communicators were killed as their remarks and to include any ex- Mr. ROYCE. Mr. Speaker, I move to of September, compared with 3 in 2013, and traneous material in the RECORD. suspend the rules and agree to the reso- dozens of cases in which journalists reported The SPEAKER pro tempore. Is there lution (H. Res. 536) supporting freedom being victims of threats and persecution; objection to the request of the gen- of the press in Latin America and the Whereas according to the OAS 2014 Annual tleman from California? Caribbean and condemning violations Report of the Inter-American Commission on There was no objection. of press freedom and violence against Human Rights Members of the media and Mr. ROYCE. Mr. Speaker, I yield my- journalists, bloggers, and individuals nongovernmental organizations (NGOs) stat- ed the press ‘‘self-censored’’ due to fear of re- self such time as I may consume. exercising their right to freedom of prisal from organized crime or corrupt gov- Mr. Speaker, I am pleased to bring speech, as amended. ernment officials; forward this resolution, introduced by The Clerk read the title of the resolu- Whereas in Colombia, there were 98 inci- my friend and colleague, the gen- tion. dents of violence and harassment against tleman from New (Mr. SIRES), The text of the resolution is as fol- journalists, 30 were physically attacked, and on the important issue of press freedom lows: 45 were victims of harassment or intimida- in the Western Hemisphere. tion due to their reporting; H. RES. 536 Freedom of the press is the corner- Whereas members of illegal armed groups Whereas despite the strong tradition of sought to inhibit freedom of expression by stone of democracy. It is our obligation independent and critical media in many intimidating, threatening, kidnapping, and to promote and protect this funda- countries in Latin America and the Carib- killing journalists; mental right, particularly here in our bean, journalists in some countries are be- Whereas national and international NGOs own hemisphere. coming increasingly vulnerable to violence reported that local media representatives Undoubtedly, Mr. Speaker, we have and government harassment; regularly practiced self-censorship because seen a troubling erosion of these rights Whereas, on July 29, 2015, the Western of threats of violence from these groups; in several parts of the Western Hemi- Hemisphere Subcommittee convened a hear- Whereas according to the OAS 2014 Annual sphere at the hands of authoritarian, ing titled ‘‘Threats to Press Freedom in the Report of the Inter-American Commission on Americas’’ and Carlos Lauria, Senior Amer- Human rights, throughout 2014, Guatemala populist leaders, as well as violence icas Program Coordinator at the Committee presented accounts of cases of harassment against journalists by transnational to Protect Journalists stated that ‘‘Scores of and the filing of several criminal complaints narcotics trafficking organizations. journalists have been killed and disappeared. against a newspaper that criticized the Ad- In Ecuador, President Correa silences Media outlets have been bombed and forced ministration; discourse and dissent by intimidating into censorship. . . . Censorship due to vio- Whereas according to the Department of and censoring the media. Hefty fines lence in Latin America has reached one of its State’s Country Reports on Human Rights are issued for any reporting unfavor- highest points since most of the region was Practices for 2014 in Nicaragua, the govern- able to him or his policies. dominated by military rule more than three ment continued to use direct and indirect In Mexico, narcotics traffickers in- decades ago.’’; means to pressure and seek to close inde- timidate the press and violently target Whereas in 2014, Cuban authorities de- pendent radio stations, allegedly for polit- tained 1,817 members of civil society, 31 of ical reasons; journalists to silence those journalists. whom were independent journalists; Whereas according to the Department of In Cuba, despite the administration’s Whereas in Cuba, independent journalists State’s Country Reports on Human Rights naive rapprochement, a lack of free ex- face sustained harassment, including deten- Practices for 2014 in Argentina, a survey re- pression is underscored by the contin- tion and physical abuse from the Castro re- leased of 830 journalists throughout the ued political imprisonment of anyone gime; country indicated 53 percent of respondents who dares to speak or write against the Whereas in Ecuador, in September 2015, the worked for a media outlet that self-censored Castro dictatorship. government took steps to close the sole press content; and This resolution is an important dem- freedom monitoring organization, Whereas almost half the journalists sur- onstration of our support for the funda- Fundamedios, for exceeding its corporate veyed said they self-censored in their report- charter, but the government relented in the ing on the national government: Now, there- mental right to freedom of speech and face of international criticism and potential fore, be it our belief that regional leaders in the economic reprisals; Resolved, That the House of Representa- Organization of American States need Whereas in the country, forced corrections tives— to do more to condemn what, in some by the government have become a means of (1) supports a free press in Latin America parts of the region, has become the sys- institutional censorship; and the Caribbean and condemns violations temic violation of press freedom. The Whereas according to the Committee to of press freedom and violence against jour- United States must stand with brave Protect Journalists, Mexico is one of the nalists; most dangerous countries in the world for (2) urges countries in the region to imple- journalists who are on the front lines the press; ment recommendations from the Organiza- of exposing corruption in government. Whereas in Mexico, over 50 journalists tion of American States’ Office of the Spe- Earlier this year, Chairman DUNCAN’s have been killed or have disappeared since cial Rapporteur for Freedom of Expression to Subcommittee on the Western Hemi- 2007, at least 11 reporters have been killed its Member States; sphere held a hearing on threats to

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ENGEL), for bringing this important is now a growing regional trend of gov- We saw it earlier this year when the resolution to the floor in such a speedy ernment persecution and harassment of Ecuadorian Government threatened to manner. journalists, as well as an increase in close down a press freedom monitoring I want to thank my dear friend, my violent attacks carried out by state organization known as Fundamedios. legislative brother, the gentleman and nonstate actors with near com- Chairman ROYCE and I joined many in from New Jersey (Mr. SIRES), for bring- plete immunity. the international community in con- ing forward House Resolution 536, I applaud Mr. SIRES and the chair- demning this effort. Fortunately, which is a resolution to support free- man emeritus of the Foreign Affairs President Correa relented in the face of dom of the press in Latin America and Committee, Ms. ROS-LEHTINEN, for in- international condemnation. the Caribbean and condemning viola- troducing this resolution and all who Still, attacks on press freedom in Ec- tions of press freedoms and violence champion freedom of expression as a uador are a daily problem, creating a against journalists, bloggers, and indi- fundamental part of a vibrant, demo- hostile environment for journalists viduals who are exercising their right cratic tradition. trying to do their jobs. A 2013 commu- to freedom of speech. I am honored to I reserve the balance of my time. nications law put in place fines and be the Republican lead on Mr. SIRES’ Mr. ENGEL. Mr. Speaker, I yield my- sanctions for the press. So it is no sur- resolution. self such time as I may consume. prise that Freedom House rated Ecua- Basic freedoms are being threatened I rise in strong support of H. Res. 536. dor’s press as not free this year. The all over Latin America, Mr. Speaker, I want to congratulate my friend list goes on and on. by rogue regimes that seek to quash from New Jersey (Mr. SIRES), who is In Venezuela, journalists have been dissenters in any way that they can. the driving force behind this resolu- targeted by politically motivated law- Earlier this year we held a sub- tion, and my friend from Florida (Ms. suits. That is why it is such a miracle, committee hearing, as the chairman ROS-LEHTINEN), who has cosponsored what we saw this past week or so with pointed out, on this very subject of the this resolution. The two of them have the Venezuelan elections. threat to press freedom. Carlos Ponce really worked very, very hard through Despite the harassment, despite the of Freedom House stated that, when it the years to raise this issue, and it is lack of press freedom, despite going comes to press freedom, only three good that we are taking up this meas- after people who would raise the truth, countries in Latin America were rated ure now. the Venezuelan people weren’t fooled free by this organization. and voted overwhelmingly against the Can you imagine that, Mr. Speaker? b 1630 current oppressive regime. Out of all of the countries in Latin Here in the United States we know That is good. It is good to see. But we America, only three could be labeled as that a free and open press is the cor- need to make sure that free press real- free when it comes to freedom of the nerstone of a strong democracy. We ly exists not only in places like Ven- press. count on the press to hold leaders ac- ezuela, but in Cuba, where the govern- More and more, we see countries like countable and shine a light on the ment has rounded up and detained Venezuela, Ecuador, Nicaragua, and challenges facing our country. The independent journalists just for report- Cuba taking steps to muzzle broadcast work of a free press goes hand in hand ing the reality on the ground. Just for and print media into submission, leav- with the representative government we reporting the truth in Cuba, you get ing journalists and editors no choice practice in this Chamber. rounded up and detained. but to self-censor their very own con- As government officials, we have tre- In Mexico, drug trafficking organiza- tent. mendous respect for our friends in the tions have brutally murdered many of Venezuela’s 2004 Ley de so-called fourth estate. So it is espe- those who report on their violent ac- Responsabilidad Social en Radio y Tel- cially troubling when we see govern- tivities. Just last week, the editor of a evision, or Law of Social Responsi- ments right here in our hemisphere try Mexican newspaper called El Manana bility in Radio and Television, has pro- to silence this critical institution. explained to The Washington Post that vided the legal framework to quash and On May 1, World Press Freedom Day, submitting to drug traffickers’ de- censor the press, and its provisions President Obama said ‘‘in too many mands is the only way to stay alive. He have been replicated by Ecuador and places around the world, a free press is said: ‘‘You do it or you die, and nobody other countries in the region. under attack by governments that wants to die. Self-censorship—that’s Due to the provisions in this law, tel- want to avoid the truth or mistrust the our shield.’’ And in Colombia and Hon- evision stations and newspapers have ability of citizens to make their own duras, journalism remains a dangerous been bullied by the regime or forced to decisions.’’ profession. sell their outlets. In the case of RCTV, Unfortunately, that threat to press This resolution underscores these broadcasts were suspended by the Ven- freedom is particularly acute right abuses and the scourge of violence ezuelan regime. here in our own hemisphere. That is against journalists. It reaffirms the im- Owners of Globovision and El Uni- why I am so glad, as I mentioned be- portant role a free press plays in open versal, both critical of the regime, were fore, that my friends, Mr. SIRES, rank- societies, and it urges these govern- forced to sell their outlets to business ing member of the Subcommittee on ments in the region to do much more interests with close ties to the regime. the Western Hemisphere, and Ms. ROS- to provide protection to those journal- Ecuador faces equally daunting chal- LEHTINEN, the subcommittee’s former ists under threat. lenges to press freedoms. A large num- chair, introduced this measure con- I urge my colleagues to join me in ber of journalists are being sued. demning violations of press freedom supporting this resolution. I again Watchdogs such as Fundamedios are and violence against journalists in compliment Mr. SIRES and Ms. ROS- being harassed constantly. Newspapers Latin America and the Caribbean. LEHTINEN. such as El Universo are being fined for Mr. SIRES and Ms. ROS-LEHTINEN are Mr. Speaker, I reserve the balance of running articles that are not in agree- leaders on the Western Hemisphere in my time. ment with the regime. our Congress and are never shy to Mr. ROYCE. Mr. Speaker, I yield 6 In Nicaragua, the Ortega regime has speak up when individuals’ rights are minutes to the gentlewoman from also restricted media outlets by mak- in danger. I used to be the chairman of Florida (Ms. ROS-LEHTINEN), chair of ing it difficult for journalists to oper- the Subcommittee on the Western the Subcommittee on the Middle East ate. With the recent promulgation by Hemisphere; so, I have seen this prob- and North Africa of the Committee on the Law of Sovereign Security, it has lem firsthand. Foreign Affairs and the primary co- nearly ensured a muzzle on all report- Here in the Americas, leaders often sponsor of this resolution. ers. speak out when electoral democracy is Ms. ROS-LEHTINEN. Mr. Speaker, I Former President Cristina Kirchner at risk. That is great. But, unfortu- thank the chairman of our committee, of Argentina and her court often de- nately, those leaders fall silent when it again, the gentleman from California monize journalists and charge popular comes to the more subtle challenges to (Mr. ROYCE), and the ranking member, media outlets, such as El Grupo Clarin

VerDate Sep 11 2014 03:44 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.016 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9320 CONGRESSIONAL RECORD — HOUSE December 15, 2015 or the daily Ultima Hora, with inciting recent years, many organizations dedi- robust democracy that includes a free collective violence and terrorizing the cated to freedom of speech and advanc- and independent press. Most impor- population. These are actual charges. ing civil societies have been trying to tantly, countries must guarantee the Mexico, one of our closest allies in bring attention to the deterioration of safety of journalists, especially as they the region, is one of the most dan- press freedom in parts of the Western courageously report in dangerous gerous countries for journalists. This Hemisphere, specifically in Latin places. year alone, six journalists were killed America and the Caribbean. I, again, thank Mr. SIRES and Ms. in direct connection to their jour- Cuba has consistently been charac- ROS-LEHTINEN for introducing this im- nalism work. terized as having one of the most re- portant resolution. I urge my col- In my native country of Cuba, de- pressive media environments in the leagues to support its passage. spite the misguided normalization ef- world, with the Castro brothers con- Mr. Speaker, I yield back the balance fort by the Obama administration, the trolling all aspects of the print and of my time. Castro regime continues to hold total electronic media. Mr. ROYCE. Mr. Speaker, I yield my- control of information. There is no free Venezuela and Ecuador have harassed self such time as I may consume. press in Cuba. Foreign media outlets and fined the media, shut down press Mr. Speaker, I want to thank my col- usually censor their own information operations, and even physically at- leagues for their support of this resolu- because they don’t want to be kicked tacked journalists who were trying to tion, as well as the chairman of the out of the country. expose the state-sponsored crackdown Western Hemisphere Subcommittee, Last week, Mr. Speaker, I had the against peaceful political dissenters. Mr. DUNCAN, and, of course, the rank- honor of meeting a Cuban artist here in In other countries, such as Mexico ing member, Mr. SIRES, the author of Washington, D.C., known as El Sexto, and Honduras, an increase in drug-re- this resolution before us today. I thank the sixth one. He was jailed for nearly lated violence and worsening security them for the work they have done on a year for announcing that he would situations have created a culture of im- the committee to bring attention to take part in a performance art that punity, allowing violence against jour- the troubling attacks on a free press that have plagued the Western Hemi- criticized the Communist regime lead- nalists and the press to go unpunished. sphere. ers. As a child in Cuba, I witnessed the Mr. Speaker, as Thomas Jefferson The mere announcement was enough deterioration of democracy as the Cas- wrote in 1816: ‘‘Where the press is free, to be jailed for almost a year. Citizen tro regime took over the island and and every man able to read, all is journalists who defy the Castro broth- systematically destroyed all aspects of safe.’’ ers on the island are regularly subject freedom of speech and expression. This resolution is timely and impor- to death threats, arbitrary arrests, There is a strong connection between tant. I am proud of the work our com- beatings, and torture by the repression the country’s democratic values and mittee has done to promote and defend apparatus of the regime. the freedom afforded to their press. freedom of the press, which is, of Mr. Speaker, this is a critical time Working to preserve freedom of course, the cornerstone of democratic for basic freedoms in our hemisphere. speech and pushing back against those principles. The United States should— Free and independent media are instru- who seek to quiet dissenters should be and must—continue to do more to help ments to fight against the scornful, ty- a top priority when engaging our defend free expression across the Amer- rannical regimes that plague our hemi- neighbors in the region. That is why I icas. sphere today. introduced H. Res. 536, a resolution Mr. Speaker, I yield back the balance We in the United States must remain condemning violations of press free- of my time. ever vigilant amongst our friends and dom, violence against journalists, Mr. SCHIFF. Mr. Speaker, as a co-chair of foes in this key moment in history for bloggers, and individuals exercising the House Caucus on the Freedom of the press freedom and freedom of expres- their right to freedom of speech. Press, I strongly support H. Res. 536 and its sion in our region. This resolution condemns these vio- condemnation of violations of press freedom This vote today, Mr. Speaker, over- lations and urges countries in the re- and violence against journalists, bloggers, and whelmingly supporting efforts like the gion to implement the recommenda- individuals exercising their right to freedom of one spearheaded by our good friend, the tion of member states made by the Or- speech across Latin America and the Carib- gentleman from New Jersey (Mr. ganization of American States, Office bean. Thomas Jefferson once said, ‘‘Our lib- SIRES), is a good place in which to of Special Rapporteur for Freedom of erty depends on the freedom of the press, and start. Expression. that cannot be limited without being lost.’’ I thank the chairman, ranking mem- This resolution also urges our admin- Those words ring true not only for our nation, ber, and Mr. SIRES for their work on istration to assist the media in closed but for all nations and all people dedicated to this important topic. societies to promote a free press. the ideals of democracy and committed to a Mr. ENGEL. Mr. Speaker, I yield 5 I urge my colleagues to support H. democratic system of government. minutes to the gentleman from New Res. 536 to help foster better protec- Whether through act and intimidation by the Jersey (Mr. SIRES), the author of this tions for the press around our hemi- government or non-state actors, the voices of resolution, the ranking member of the sphere. journalists across Latin American and the Car- Subcommittee on the Western Hemi- Mr. ROYCE. Mr. Speaker, I reserve ibbean—voices raised to speak out against sphere, a good friend, and a great mem- the balance of my time. corruption, abuses of power, and criminal ac- ber of the Committee on Foreign Af- Mr. ENGEL. Mr. Speaker, in closing, tivity—are being silenced at an alarming rate. fairs. let me say that today we are talking This cannot be allowed to continue. I com- Mr. SIRES. Mr. Speaker, I would like about a particular challenge facing the mend the House of Representatives and the to thank Chairman ROYCE, Ranking Western Hemisphere. But let me say sponsors of this legislation for drawing atten- Member ENGEL, and all the staff for that we have seen a great deal in the tion to this issue, and call on regional leaders their support in promoting democratic last few weeks that we should be opti- to take all necessary steps to foster, protect, values around the world and in their ef- mistic about. and defend the inherent right of their citizens forts to bring this resolution to the As I mentioned before, for example, to express themselves freely, publicly, and floor. voters in Venezuela recently went to without fear of reprisal. Every time this right is I also want to thank my good friend the ballot box to demand change. They violated, the foundations of society are weak- ILEANA ROS-LEHTINEN for serving as the did so in Argentina as well. So we see ened. We must all be vigilant and unrelenting Republican lead on this legislation. I once again that, despite all of the chal- in our support of free expression around the also want to recognize the leadership of lenges in the hemisphere, electoral de- world. my colleague, Chairman JEFF DUNCAN, mocracy remains vibrant, but we have The SPEAKER pro tempore. The on this issue. to keep working to keep it vibrant. question is on the motion offered by Freedom of expression is the key to a But, of course, elections alone are the gentleman from California (Mr. thriving democracy. It is the number not enough. We need to work in part- ROYCE) that the House suspend the one tool to hold people and govern- nership with our friends in the Amer- rules and agree to the resolution, H.R. ments accountable for their actions. In icas to ensure that every country has a 536, as amended.

VerDate Sep 11 2014 03:44 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.018 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 15, 2015 CONGRESSIONAL RECORD — HOUSE H9321 The question was taken. SUPPORTING FREEDOM OF THE Kaptur Murphy (PA) Scott, David Katko Nadler Sensenbrenner The SPEAKER pro tempore. In the PRESS IN LATIN AMERICA AND Keating Neal Serrano opinion of the Chair, two-thirds being THE CARIBBEAN Kelly (IL) Neugebauer Sessions Kelly (MS) Newhouse in the affirmative, the ayes have it. The SPEAKER pro tempore. The un- Sewell (AL) Mr. ROYCE. Mr. Speaker, on that I Kelly (PA) Nolan Sherman finished business is the vote on the mo- Kilmer Norcross demand the yeas and nays. Shimkus tion to suspend the rules and agree to Kind Nugent Shuster The yeas and nays were ordered. the resolution (H. Res. 536) supporting King (IA) Nunes Sinema King (NY) O’Rourke Sires The SPEAKER pro tempore. Pursu- freedom of the press in Latin America ant to clause 8 of rule XX, further pro- Kinzinger (IL) Palazzo Smith (MO) and the Caribbean and condemning vio- Kirkpatrick Pallone Smith (NE) ceedings on this motion will be post- lations of press freedom and violence Kline Palmer Smith (NJ) Knight Pascrell poned. against journalists, bloggers, and indi- Smith (TX) Kuster Paulsen Smith (WA) f viduals exercising their right to free- LaHood Payne Speier dom of speech, as amended, on which LaMalfa Pearce Stefanik RECESS the yeas and nays were ordered. Lance Pelosi Stewart Langevin Perlmutter Stutzman The SPEAKER pro tempore. Pursu- The Clerk read the title of the resolu- Larsen (WA) Perry Swalwell (CA) ant to clause 12(a) of rule I, the Chair tion. Larson (CT) Peters Takai declares the House in recess until ap- Latta Peterson Takano The SPEAKER pro tempore. The Lawrence Pingree proximately 6:30 p.m. today. Thompson (MS) question is on the motion offered by Lee Pittenger Thompson (PA) Accordingly (at 4 o’clock and 45 min- the gentleman from California (Mr. Levin Pitts Thornberry utes p.m.), the House stood in recess. Lewis Pocan Tiberi ROYCE) that the House suspend the Lieu, Ted Poe (TX) rules and agree to the resolution, as Tipton f LoBiondo Poliquin Titus amended. Loebsack Polis Tonko b 1830 Lofgren Pompeo Torres The vote was taken by electronic de- Long Posey Trott vice, and there were—yeas 399, nays 2, Loudermilk Price (NC) AFTER RECESS Tsongas Love Price, Tom not voting 32, as follows: Turner Lowenthal Quigley The recess having expired, the House Upton [Roll No. 694] Lowey Rangel was called to order by the Speaker pro Van Hollen Lucas Reed YEAS—399 Vargas tempore (Mr. WOODALL) at 6 o’clock Luetkemeyer Reichert Veasey Abraham Cleaver Frankel (FL) Lujan Grisham Renacci and 30 minutes p.m. Vela Adams Clyburn Franks (AZ) (NM) Ribble Vela´ zquez f Aderholt Coffman Frelinghuysen Luja´ n, Ben Ray Rice (NY) Visclosky Aguilar Cohen Fudge (NM) Rice (SC) Wagner ANNOUNCEMENT BY COMMITTEE Allen Cole Gabbard Lynch Richmond Amash Collins (GA) Gallego Walberg ON RULES REGARDING AMEND- MacArthur Rigell Amodei Collins (NY) Garamendi Maloney, Roby Walden MENT PROCESS FOR H.R. 1155, Ashford Comstock Garrett Carolyn Roe (TN) Walker H.R. 712, and H.R. 1927 Babin Conaway Gibbs Maloney, Sean Rogers (AL) Walorski Barletta Connolly Gibson Marino Rogers (KY) Walters, Mimi (Mr. SESSIONS asked and was given Barr Conyers Gohmert Matsui Rokita Walz permission to address the House for 1 Barton Cook Goodlatte McCarthy Rooney (FL) Wasserman minute.) Bass Cooper Gosar McCaul Ros-Lehtinen Schultz Beatty Costa Gowdy McClintock Roskam Waters, Maxine Mr. SESSIONS. Mr. Speaker, today, Becerra Costello (PA) Graham McCollum Ross Watson Coleman the Rules Committee issued three Dear Benishek Courtney Graves (GA) McDermott Rothfus Weber (TX) Colleagues outlining the amendment Bera Cramer Graves (LA) McGovern Rouzer Webster (FL) Beyer Crawford Graves (MO) processes for two packages: the Sun- McHenry Roybal-Allard Welch Bilirakis Crenshaw Grayson McKinley Royce Wenstrup shine for Regulations and Regulatory Bishop (GA) Crowley Green, Al McMorris Ruiz Westerman Decrees and Settlements Act of 2016 Bishop (MI) Culberson Green, Gene Rodgers Ruppersberger Westmoreland and the Fairness in Class Action Liti- Bishop (UT) Cummings Griffith McNerney Russell Whitfield Black Curbelo (FL) Grothman McSally Ryan (OH) Williams gation and Furthering Asbestos Claim Blackburn Davis (CA) Guinta Meadows Salmon Wilson (FL) Transparency Act of 2015, as well as Blum Davis, Danny Guthrie Meehan Sa´ nchez, Linda Wilson (SC) H.R. 1155, the SCRUB Act of 2015. Blumenauer Davis, Rodney Gutie´rrez Meeks T. Wittman Bonamici DeFazio Hahn These bills are likely to come before Meng Sanchez, Loretta Womack Bost Delaney Hanna Messer Sanford Woodall the House the first week back in Janu- Boustany DeLauro Hardy Mica Sarbanes Yarmuth ary 2016. Amendment deadlines have Boyle, Brendan DelBene Harper Miller (FL) Scalise Yoder been set for next Tuesday, December F. Denham Harris Miller (MI) Schakowsky Yoho Brady (PA) Dent Hartzler Moolenaar Schiff Young (AK) 22. Bill text and more detailed informa- Brady (TX) DeSaulnier Hastings Mooney (WV) Schrader Young (IA) tion can be found on the Rules Com- Brat DesJarlais Heck (WA) Moulton Schweikert Young (IN) mittee Web site. Brooks (AL) Diaz-Balart Hensarling Mullin Scott (VA) Zeldin Brooks (IN) Dingell Hice, Jody B. Murphy (FL) Scott, Austin Zinke Please feel free to contact me or my Brown (FL) Doggett Higgins staff if we can be of any assistance or Buchanan Dold Hill NAYS—2 if you have any questions. Buck Donovan Himes Jones Massie Bucshon Doyle, Michael Hinojosa f Burgess F. Holding NOT VOTING—32 Bustos Duckworth Honda Bridenstine Issa Noem Butterfield Duncan (SC) Hoyer ANNOUNCEMENT BY THE SPEAKER Brownley (CA) Kennedy Byrne Duncan (TN) Hudson Olson Cuellar Kildee PRO TEMPORE Calvert Edwards Huelskamp Ratcliffe DeGette Labrador Capps Ellison Huffman Rohrabacher The SPEAKER pro tempore. Pursu- DeSantis Lamborn Capuano Ellmers (NC) Huizenga (MI) Rush Deutch Lipinski ant to clause 8 of rule XX, proceedings Ca´ rdenas Emmer (MN) Hultgren Simpson Duffy Lummis will resume on questions previously Carney Engel Hunter Slaughter Granger Marchant Carson (IN) Eshoo Hurd (TX) Stivers postponed. Grijalva Moore Carter (GA) Esty Hurt (VA) Thompson (CA) Votes will be taken in the following Heck (NV) Mulvaney Carter (TX) Farenthold Israel Valadao Herrera Beutler Napolitano order: Cartwright Farr Jackson Lee Suspending the rules and agreeing to Castor (FL) Fattah Jeffries House Resolution 536; and Castro (TX) Fincher Jenkins (KS) b 1902 Chabot Fitzpatrick Jenkins (WV) Agreeing to the Speaker’s approval of Chaffetz Fleischmann Johnson (GA) Ms. ADAMS and Mr. JOHNSON of the Journal, if ordered. Chu, Judy Fleming Johnson (OH) Georgia changed their vote from ‘‘nay’’ The first electronic vote will be con- Cicilline Flores Johnson, E. B. to ‘‘yea.’’ ducted as a 15-minute vote. Any re- Clark (MA) Forbes Johnson, Sam So (two-thirds being in the affirma- Clarke (NY) Fortenberry Jolly maining electronic vote will be con- Clawson (FL) Foster Jordan tive) the rules were suspended and the ducted as a 5-minute vote. Clay Foxx Joyce resolution, as amended, was agreed to.

VerDate Sep 11 2014 03:44 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.021 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9322 CONGRESSIONAL RECORD — HOUSE December 15, 2015 The result of the vote was announced olution and ask for its immediate con- side, with a degree in biochemistry. Si- as above recorded. sideration in the House. erra’s friends described her as always A motion to reconsider was laid on The Clerk read the concurrent reso- smiling and always offering an encour- the table. lution, as follows: aging word. She loved to make people Stated for: H. CON. RES. 102 laugh. Mr. CUELLAR. Mr. Speaker, on Tuesday, Resolved by the House of Representatives (the Damian Meins will be remembered as December 15th, I am not recorded on any Senate concurring), That the two Houses of a selfless, gentle, and intelligent man. votes because I was absent due to family rea- Congress assemble in the Hall of the House He enjoyed traveling, painting, and sons. If I had been present, I would have of Representatives on Tuesday, January 12, serving others, which included dressing voted: ‘‘Yea’’, on rollcall 694, passage of H. 2016, at 9 p.m., for the purpose of receiving up as Santa Claus for school pictures. Res. 536—Supporting freedom of the press in such communication as the President of the He leaves behind his high school sweet- United States shall be pleased to make to heart and their two daughters. Latin America and the Caribbean and con- them. demning violations of press freedom and vio- Mr. Speaker, yesterday we remem- lence against journalists, bloggers, and individ- The concurrent resolution was agreed bered the massacre at Sandy Hook Ele- uals exercising their right to freedom of to. mentary School; today we honor the speech. A motion to reconsider was laid on victims at San Bernardino. My ques- Mrs. NAPOLITANO. Mr. Speaker, on Tues- the table. tion to this body is: Will we do any- day, December 15th, 2015, I was absent dur- f thing to protect our communities from gun violence tomorrow? ing rollcall vote No. 694. Had I been present, HOUR OF MEETING ON TOMORROW I would have voted ‘‘yea’’ on the motion to f Mr. MCCARTHY. Mr. Speaker, I ask suspend the rules and pass H. Res. 536— REMEMBERING RUDY ESCOBAR, Supporting freedom of the press in Latin unanimous consent that when the House adjourns today, it adjourn to COMMANDER OF THE MACON America and the Caribbean and condemning COUNTY HONOR GUARD violations of press freedom and violence meet at 9 a.m. tomorrow. The SPEAKER pro tempore. Is there (Mr. RODNEY DAVIS of Illinois against journalists, bloggers, and individuals asked and was given permission to ad- exercising their right to freedom of speech. objection to the request of the gen- tleman from California? dress the House for 1 minute and to re- f There was no objection. vise and extend his remarks.) Mr. RODNEY DAVIS of Illinois. Mr. THE JOURNAL f Speaker, I rise today to remember The SPEAKER pro tempore (Mr. UNESCO Rudy Escobar, an honored friend and GROTHMAN). The unfinished business is veteran, who passed away on December the question on agreeing to the Speak- (Ms. ROS-LEHTINEN asked and was given permission to address the House 8 of this year at the age of 88. er’s approval of the Journal, which the For over two decades, Mr. Escobar Chair will put de novo. for 1 minute and to revise and extend her remarks.) served as the commander of the Macon The question is on the Speaker’s ap- County Honor Guard in the service of proval of the Journal. Ms. ROS-LEHTINEN. Mr. Speaker, the Obama administration is making a central Illinois veterans. His dedica- Pursuant to clause 1, rule I, the Jour- tion to his brothers and sisters in uni- nal stands approved. push to get Congress to give the Presi- dent the authority to waive a legal pro- form was truly remarkable, and he will f hibition on U.S. contributions to be missed by many in the Macon Coun- APPOINTING THE DAY FOR THE UNESCO. If the U.S. waives this prohi- ty community. CONVENING OF THE SECOND bition and resumes payments to Mr. Speaker, for most of his life, Mr. SESSION OF THE ONE HUNDRED UNESCO, it will erode our credibility, Escobar worked tirelessly on behalf of FOURTEENTH CONGRESS and it will give the Palestinians and his fellow veterans. After his service in the U.N. the green light to continue World War II as a China Marine, he re- Mr. MCCARTHY. Mr. Speaker, I send turned home and cofounded the Macon to the desk a joint resolution (H.J. Res. the scheme to unilaterally declare a Palestinian state without direct nego- County Honor Guard, which has since 76) appointing the day for the con- performed over 3,000 honor ceremonies vening of the second session of the One tiations with the democratic Jewish State of Israel. at military funerals. Hundred Fourteenth Congress, and ask Active in his community, it became If you add what our yearly contribu- unanimous consent for its immediate customary for him to voluntarily tion would be plus arrears, the Amer- consideration. transport fellow veterans to and from ican taxpayers, our constituents, could The Clerk read the title of the joint the VA medical center in Danville, Illi- be on the hook for over half a billion resolution. nois. He was also a member of the dollars in just a couple of years. The SPEAKER pro tempore. Is there American Legion and the VFW posts. Mr. Speaker, we know that our law objection to the request of the gen- Mr. Speaker, Mr. Escobar was a lov- has worked to prevent the Palestinians tleman from California? ing husband, father, and grandfather; from joining other specialized agencies There was no objection. and most of all, he was a devoted vet- at the U.N., but if Congress relents on The text of the joint resolution is as eran. His commitment to the military this issue, the Palestinians will say: follows: community will always be remem- Let’s continue to bypass Israel and go H.J. RES. 76 bered. to the U.N. for recognition. Resolved by the Senate and House of Rep- f resentatives of the United States of America in I will continue to vehemently oppose Congress assembled, That the second regular this waiver, Mr. Speaker, and I ask my VICTIMS OF GUN VIOLENCE session of the One Hundred Fourteenth Con- colleagues to stand with me. (Mr. PETERS asked and was given gress shall begin at noon on Monday, Janu- f permission to address the House for 1 ary 4, 2016. GUN VIOLENCE minute.) The joint resolution was ordered to Mr. PETERS. Mr. Speaker, Mohawk be engrossed and read a third time, was (Mr. TAKANO asked and was given Valley, New York, March 13, 2013: Mi- read the third time, and passed, and a permission to address the House for 1 chael Ransear, 57 years old; Michael motion to reconsider was laid on the minute.) Renshaw, 51. table. Mr. TAKANO. Mr. Speaker, I rise Santa Barbara, California, May 23, f today to honor the memory of two 2014: Katherine Cooper, 22 years old; members of my community who lost Christopher Michaels-Martinez, 20; PROVIDING FOR A JOINT SESSION their lives in the attack on San Cheng Yuan Hong, 20; Weihan Wang, 20; OF CONGRESS TO RECEIVE A Bernardino. Veronika Weiss, 19; George Chen, 19 MESSAGE FROM THE PRESIDENT Sierra Clayborn was a bright and years old. Mr. MCCARTHY. Mr. Speaker, I send kind young woman. She was a graduate Roseburg, , October 1, 2015: to the desk a privileged concurrent res- of the University of California, River- Lawrence Levine, 67 years old; Kim

VerDate Sep 11 2014 03:44 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.025 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 15, 2015 CONGRESSIONAL RECORD — HOUSE H9323 Saltmarsh Dietz, 59; Sarena Dawn ceived her undergraduate degree from including Aurora Godoy, a constituent Moore, 44; Jason Johnson, 33; Treven Cal State, Fullerton. of mine from San Jacinto, California, Taylor Anspach, 20 years old; Lucero Last Saturday, family and friends whose young life was cut far too short. Alcaraz, 19; Lucas Eibel, 18 years old; gathered at Saint Barbara’s Catholic December 2, 2015, will remain in all of Quinn Cooper, 18 years old; Rebecka Church in Santa Ana to mourn the our memories as a tragic day for San Carnes, 18. death of this young woman who was Bernardino, the Inland Empire, Cali- Albuquerque, New Mexico, January known for her incredible spirit and a fornia, and our Nation. In the face of 19, 2013: Greg Griego, 51 years old; heart bigger than the sun. Let us honor this tragedy, however, true heroism Sarah Griego, 40; Zephania Griego, 9. the memory of this extraordinary shined through when law enforcement officials ran towards the danger, risk- f young woman. She gave so much, but her life was tragically cut short by ing their own lives to protect the lives EPA VIOLATES LAW WITH WOTUS these shootings. of others and when first responders PROMOTION tended to the injuries of the victims. f (Mr. THOMPSON of Pennsylvania Our Nation should be proud of the asked and was given permission to ad- b 1915 men and women who risked their lives dress the House for 1 minute and to re- to save our community that day. THE STRUGGLE FOR FREEDOM IS Thank you to the men and women who vise and extend his remarks.) NEVER OVER Mr. THOMPSON of Pennsylvania. wore the badge and took care of the Mr. Speaker, this week the Govern- (Mr. LAMALFA asked and was given victims. ment Accountability Office, or GAO, permission to address the House for 1 f minute and to revise and extend his re- found that the Environmental Protec- TRADE DEFICIT tion Agency broke Federal laws by pro- marks.) Mr. LAMALFA. Mr. Speaker, 224 (Ms. KAPTUR asked and was given moting its highly controversial waters permission to address the House for 1 of the United States rule. years ago today the States ratified the first 10 amendments to our Constitu- minute.) While I agree that the Clean Water Ms. KAPTUR. Mr. Speaker, I rise to Act needs clarifying, this rule would tion. These most basic rights remain the call on my colleagues and the Amer- drastically expand Federal jurisdiction ican people to oppose the Trans-Pacific bedrock of our society; yet, even today beyond the historical limits of the law Partnership, the TPP. and would apply to State and ephem- we have seen them come under attack: This job-outsourcing trade deal, like eral waters. The rule would greatly in- Freedom of speech has been attacked every one before it, has been sold to crease the costs of permitting and trig- by some who prefer not to hear dis- the American people with the false ger new environmental reviews and senting opinions, forgetting that it ap- promise of jobs in exports. By looking litigation. plies to all. at America’s accounts, you can tell Thankfully, this disastrous rule was The right to bear arms is under con- they are all in the red if you take a put on hold nationwide by a Federal stant threat from those who would pre- look at the gaping trade deficits out Court ruling earlier this year. In its fer that only criminals are armed and there and job deficits and the lives of finding, the GAO said that this was an that law-abiding Americans are de- people, how they have been impacted attempt by the EPA to spread ‘‘covert fenseless. by every single trade deal that has propaganda’’ by directing Internet Freedom from unreasonable search been signed. users to the Web sites of environmental and seizure has come under attack Once again, our global trade deficit groups in support of the WOTUS rule. from our own government, which be- grew by more than $40 billion just in This illegal attempt to gain congres- lieves we must sacrifice liberty for se- October, and it had grown by $1 billion sional support for the rule—and to curity. more than the increase from Sep- sway public opinion—undermines the Freedom of religion, the very right tember. Experts estimate that $1 bil- integrity of the rulemaking process, our Founders sought when they fled lion invested in this country creates and it shows just how unprecedented their homes overseas, is threatened by 5,000 additional jobs. this vast expansion of the EPA’s power those who would coerce Americans to For every $1 billion of trade deficit really is. violate their faith in their day-to-day we have, we lose 5,000 jobs here. When your trade deficit is half a trillion dol- f lives. In every instance, the House of Rep- lars, it is no wonder we have a job def- SAN BERNARDINO SHOOTING resentatives has fought to preserve icit across this country. VICTIMS these rights, but this serves to remind Since China joined the WTO, the U.S. (Ms. LORETTA SANCHEZ of Cali- us that the struggle for freedom is goods trade deficit with China has fornia asked and was given permission never over, that we must always re- reached $324.4 billion, hundreds of to address the House for 1 minute and main vigilant, and that freedom is but thousands of jobs gone. The same with to revise and extend her remarks.) one generation from extinction. NAFTA, $9 trillion in deficit. Ms. LORETTA SANCHEZ of Cali- But today we mark this anniversary Mr. Speaker, I urge my colleagues to fornia. Mr. Speaker, I stand here today in celebration of the vision the Found- reject the TPP. to remember the victims of the tragic ers had. God bless them, and God bless f terrorist attack in San Bernardino, America for having done so. KIRK DOUGLAS’ BIRTHDAY California. f (Mr. COHEN asked and was given per- Among these victims was a young RECOGNIZING FIRST RESPONDERS mission to address the House for 1 woman from my district named Tin minute.) Nguyen. She was from Santa Ana, Cali- AFTER THE MASS SHOOTING IN SAN BERNARDINO Mr. COHEN. Mr. Speaker, today I fornia. Tin was only 31 years old, and rise to honor the 99th birthday of a she had been working for the San (Mr. RUIZ asked and was given per- great American: Kirk Douglas. Bernardino County Department of Pub- mission to address the House for 1 I read about Mr. Douglas’ birthday in lic Health for 4 years as a food inspec- minute.) the paper where he didn’t receive gifts, tor, and she was planning her wedding Mr. RUIZ. Mr. Speaker, I am heart- but gave gifts. He gave a $15 million to her longtime boyfriend when she broken and outraged over the mass contribution to an Alzheimer’s home in was taken on that day of the shooting. shooting act of terror that took the California. He did this on his birthday. At the age of 8, Tin and her family lives of innocent people and left many I found out that he has a long history fled Vietnam. They fled a war, famine, others wounded in the neighboring of charitable giving in philanthropy. In and all sorts of terrible situations to community of San Bernardino. Los Angeles, he created 400 different come and find a new life in California. These cold-blooded acts of violence in playgrounds, has given money to chil- Despite the challenges of being an im- our Nation has to stop. I strongly de- dren’s hospitals, and taken a long ef- migrant, Tin graduated from Valley nounce this act of terror and mourn for fort to help people from all walks of High School in Santa Ana, and she re- the 14 victims of this horrific tragedy, life.

VerDate Sep 11 2014 03:44 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.029 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9324 CONGRESSIONAL RECORD — HOUSE December 15, 2015 I saw him also in a movie that I saw were being ‘inappropriately’ altered by VWP. Another major provision recently called ‘‘Trumbo.’’ I didn’t re- senior officials. tightens up requirements and certifi- alize that he had stood up against ‘‘These are very powerful words. If cations by countries to live by the con- blacklisting in Hollywood and had en- there truly is a ‘cancer’ at the highest ditions of the participation—including couraged the hiring of Dalton Trumbo, level of command, Americans have a use of fraud-resistant passports and a blacklisted writer, who saved his ca- lot to be concerned about when it strict timeframes for reporting of lost reer from what was a scourge on the comes to national defense and security. or stolen documents. United States Congress and our history According to the Daily Beast, the accu- ‘‘Dan Cadman, a Center fellow and of free speech and democracy. sations being made suggest that a sig- author of the analysis, said, ‘Congress I first learned all of what Kirk Doug- nificant amount of people tracking the has at least decided to tackle many of las has done when I heard an apology inner workings of ISIS think that their the gaps and problems with the VWP, for slavery and Jim Crow, and I found reports are being altered to fit a public which has represented for some time out he had been for an apology for slav- narrative—echoing the sentiments of the ‘soft underbelly of homeland secu- ery for years. He had an Internet site Lt. Gen. Michael Flynn. rity’; but there can be no doubt that encouraging people to join a petition ‘‘It is disturbing to think that our the U.S. vetting for refugees and asy- and lobbyists to pass an apology for military and intelligence officials lum seekers still represents a major slavery in this country. aren’t being listened to by the Obama national security risk, and remains an These type of things show that Kirk administration simply because it unaddressed problem.’ ‘‘One major problem with the bill is Douglas is the type of person we should doesn’t fit their narrative. Just yester- the exception to several requirements emulate and honor. He has had 99 great day lawmakers on Capitol Hill heard that has been carved out for countries years. I thank him for his efforts of from the chairman of the Pentagon’s in the Schengen visa-free zone, which charitable giving and for his philos- Joint Chiefs of Staff, Marine Gen. Jo- covers nearly all of northern, western, seph Dunford, that ISIS is not con- ophy of forgiveness and understanding. and central Europe, including hotbeds tained, contradicting President f of terrorist activities in France and Obama’s statements. We now have to Belgium. Cadman writes that ‘this ex- COCONSPIRATORS IN SUPPORTING question whether or not intelligence TERRORISM ception is the caveat that undoes the reports are still being ignored because intent of the rule.’ ’’ The SPEAKER pro tempore. Under of their inconvenience to the adminis- So, Mr. Speaker, it is important to the Speaker’s announced policy of Jan- tration and because of the looming note that we have got a lot more work uary 6, 2015, the Chair recognizes the election year. to do here to prevent this President’s gentleman from Texas (Mr. GOHMERT) ‘‘Sadly, these reports from top mili- administration from continuing to for 30 minutes. tary and intelligence officials aren’t allow people into this country without Mr. GOHMERT. Mr. Speaker, as we surprising. Americans have noticed for our ability to actually vet them and consider this week what Congress will a while that Obama’s statements on check them. fund through September 30 of next year ISIS show how little he knows about There are indications that members and what we will not fund, the San the threat they pose or that he is delib- of the Visa Waiver Program may only Bernardino shooting, the radical erately ignoring the facts. A new CBS check one in three documents that are Islamist terrorist attack there, has poll indicates that only 23% of Ameri- provided to them because they just awakened a lot of people across the cans think Obama has a clear strategy don’t have time. country. for defeating ISIS, which shows just Well, just when Americans thought There is an article from December 2, how little confidence Americans have we were unsafe, unsecure, that this ad- 2015, by Ashley Pratte. The question is: in their commander-in-chief. ministration won’t face up to the Is ISIS contained or covered up? That ‘‘On Monday, just weeks after the threat that radical Islam is, that most is the title. Paris attacks, Obama made mind-bog- all of the country understands we are ‘‘With the recent terrorist attacks in gling remarks at a climate change up against except the administration— Paris carried out by ISIS, Americans summit in Paris, where he made it a they won’t mention the words radical are on high alert—and rightfully so. point to mention that he will beat ISIS Islam—and just when people think Just hours prior to the attacks Obama by fighting climate change. they are starting to maybe make the said that ISIS was ‘contained.’ Ameri- ‘‘Let’s be honest, ISIS was never a point and get the point across to this cans everywhere are baffled by ‘jayvee’ team, it was never ‘contained,’ administration, we have the Secretary Obama’s continued ignorance and lack and it certainly won’t be defeated by of the Department of Homeland Secu- of strategy when it comes to destroy- resolving to end climate change, but it rity who stands up for the terrorists. ing the Islamic State. was a good narrative for the Obama ad- b 1930 ‘‘Yesterday, Lt. Gen. Michael Flynn, ministration spin to quell the fear of He stands up for people who want to former head of the Defense Intelligence the American public. However, this come into this country and do us harm. Agency, stated on The Lead with Jake narrative stands in stark contrast with This is an article from Politico, of all Tapper that the White House know- the real narrative, the one being told places, and the title reads: ‘‘DHS chief: ingly ignored a 2012 report about the by military and senior intelligence of- ‘Legal limits’ on scrutinizing immi- rise of ISIS because they didn’t mesh ficials—the one being ignored.’’ grants’ Web postings.’’ well with the re-election ‘narrative.’ And we have from the Center for Im- The article reads: ‘‘Now it is all starting to make sense. migration Studies, Mr. Speaker, an ‘‘ ‘We are dealing with private com- Of course the President believes ISIS is ‘‘Analysis of the ‘Visa Waiver Program munications and things for which there contained, he has been willingly and Improvement Act of 2015,’ ’’ this out is an expectation of privacy,’ Jeh John- knowingly ignoring reports about the December 14, 2015. son says in an interview.’’ serious threats that ISIS poses to It reviews the House bill drafted to Mr. Speaker, that is very interesting. America and to the world since it tighten up the Visa Waiver Program, I am glad that the Secretary of Home- wouldn’t help him get re-elected. and it has been reported that this may land Security understands that the Su- ‘‘The scary thing is that these aren’t be included in the omnibus—we will preme Court says there is a right to the first reports we have heard from find out tonight—2016 spending bill as a privacy somewhere within the shadow former Obama intelligence officials re- kind of political replacement for the of the penumbra of the Constitution— garding the White House ignoring their bill passed in November to tighten up that is, the Bill of Rights. Yet he reports on ISIS. This September The the refugee screening. doesn’t understand those constitu- Daily Beast published an exclusive This article goes on from the Center tional protections are not afforded to story by Shane Harris and Nancy A. for Immigration Studies that: people who want to come into the Youssef, claiming that over 50 spies say ‘‘One key provision makes it out-of- United States. They are in another ISIS intelligence was cooked. These 50 bounds for people who have visited—or country. I can’t imagine this in any- intelligence analysts formally filed a who are natives of—Syria or Iraq, or body’s definition of our U.S. Constitu- complaint that their reports on ISIS state sponsors of terror to use the tion. No Americans in other countries

VerDate Sep 11 2014 04:43 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.031 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 15, 2015 CONGRESSIONAL RECORD — HOUSE H9325 are entitled to U.S. constitutional pro- players are and who the imams are who send them a letter, saying, basically, tections over there, and they are peo- are teaching radical Islam, who knows We had better suspend our relationship ple who are applying to come in. the groups that are teaching radical as partners, because there was all this There is social media out there, and Islam. evidence at the Holy Land Foundation there are really sharp folks in Home- If Phil Haney had been allowed to trial that, actually, you are a sup- land Security and in the Justice De- continue the investigation into porter, and you are a coconspirator; so partment who are not under the direct Tablighi Jamaat, then he would have we are going to have to put that on thumb of the administration who know seen the ties that these shooters had. hold for a bit. But this administration how to access it; they know how to He would have found Ms. Malik’s social picked right back up. CAIR was cer- check things; they can use search en- posting. One of the things he says tainly heard from out in California im- gines and can check to see what con- would have tipped him off right away is mediately after the shootings. tacts and what pictures are out there. that ‘‘Tashfeen Malik’’ is a boy’s name, Anyway, this article goes on. It Are they pictured with a terrorist and he is a bit of a hero in radical Is- reads: somewhere? Of course, that might get lamic circles. If you know that, which ‘‘Lawmakers on Capitol Hill have our friend Senator MCCAIN in trouble; I didn’t and he does, then you pull that seized on reports that Malik passed a but, nonetheless, there is a lot of social person aside for additional screening. trio of background checks during her media that can be checked. You pull that application and ask, fiancee visa application process in 2014 Here we have an article today, De- ‘‘Why do you have a boy’s name? You despite publishing social media posts cember 15, by Seung Min Kim: certainly weren’t given that.’’ His ex- that were openly supportive of violent ‘‘Homeland Security Secretary Jeh ample is it would be like a woman from jihadism.’’ Johnson said Tuesday there are ‘cer- America who was trying to get into an- Anyway, congratulations to the Sec- tain legal limits’ that constrain federal other country with the name ‘‘George retary of Homeland Security. Ameri- officials from scrutinizing the social Washington.’’ Really? That is your real cans can sleep well because Secretary media histories of foreigners trying to name? It would raise flags and ques- Johnson is setting us up to have an- enter the United States—a new debate tions and would cause you to do further other Tashfeen Malik shoot more peo- that has flared in the aftermath of the checking. ple because we are not going to, under San Bernardino, California terrorist at- People at Homeland Security have this administration, check their social tack. seen, if you become a whistleblower media to see if they have pledged alle- ‘‘His comments, in an interview with and if you blow the whistle on the giance to ISIS. POLITICO, mark the first time the Obama administration’s and Homeland This is from Todd Bensman, Decem- Homeland Security chief weighed in on Security’s deleting of documents and ber 10, PJ Media: ‘‘America is Talking the merits of reviewing social media in on their refusing to investigate radical About the Wrong Refugee Problem.’’ immigration cases. According to recent Islam, then they will convene a grand I would submit it is a legitimate news reports, Tashfeen Malik, the fe- jury to make your life a living hell problem we have been talking about, male shooter in the California mas- until you retire, and that is only if but this article points out a problem sacre, had posted extremist views yet they can’t find some little ‘‘some- that, certainly, I and many of my Re- still obtained a visa to the United thing’’ to indict you of after they have publican friends have been pointing to. States. looked everywhere and through every- The article reads: ‘‘ ‘You have to keep in mind—and thing. ‘‘A few weeks ago, the fangs came this is again, not a comment on any The people at Homeland Security out when news broke that the Paris particular case—that social media, have seen what happens to people who attackers were ‘refugees’ who had en- Facebook, and the like can involve are honest, who are honorable, who are tered the European continent among public statements, public postings, it trying to warn of contacts this admin- thousands of immigrants. Elected Re- can involve friending, and it can in- istration has with people who have ties publicans and conservative pundits volve private communications,’ John- to radical Islam. I know there are peo- challenged the American plan to reset- son said from his office at the Depart- ple out there who say, ‘‘I wish you tle Syrian refugees, and still are. ment of Homeland Security head- would use names.’’ Why doesn’t some- ‘‘But their bite is off mark. quarters in northwest Washington. body in the mainstream media go get ‘‘As many as six of the Paris ‘‘ ‘We are dealing with private com- the pleadings from the Holy Land attackers and their leader were not re- munications and things for which there Foundation trial in the Federal court settled refugees of the sort President is an expectation of privacy, and you’re of the Northern District of Texas, and Obama wants to import into the coun- dealing with U.S. persons,’ Johnson you will see a list of names. If there try (three attackers still have not been continued. ‘There are certain legal lim- were somebody who were worthy of a publicly identified). its to what we can do.’ ’’ Pulitzer anymore, he would take those ‘‘These terrorists entered Europe Mr. Speaker, I would suggest to you names and compare them against the with illegal immigrant asylum seekers, that people who are trying to come people who have access to the White of the sort who routinely show up at into this country are not U.S. persons House and the groups that have access the U.S.-Mexico border.’’ and that social media ought to be used to the White House and to the State Mr. Speaker, I am still hearing from by Homeland Security to find out what Department and to the Justice Depart- friends on the U.S.-Mexico border who kind of lengths people will take who ment and to intelligence agencies. know and who say we are continuing to want to come into this country. They would find that CAIR, just have people from countries where rad- If they had not marginalized one of blocks away from here—I can see their ical Islam is a major problem—in the the best people working for Homeland building from my window, and they can Middle East and in North Africa—show Security and had not gone after him see mine—is on the list. Yet, it is CAIR up at the U.S.-Mexico border. Some of and attacked him, they would have that has—I don’t know if they have got them are caught. learned—and I am talking about my a red phone or what they have got over The article points out: friend Phil Haney, who was very adept to the White House; but when they get ‘‘Illegal immigrant asylum seekers at using social media to see if they had bothered or when, maybe, they don’t don’t give the host nation a choice. questions about somebody—what kind like a Koranic scripture or something They show up uninvited, smuggled, and of contacts are out there on the Inter- that is being quoted in training mate- often unknowable. They insist on being net? What pictures were made with rial, they can just call the White House taken in anyway, pointing to our gen- whom? What is posted where about this and tell them to get rid of it, and they erous laws and traditions. person? It is also important to have do. They can call the Justice Depart- ‘‘At least three of the Paris terror- somebody like him who has spent time ment, for, after all, CAIR and the FBI ists—including main attack planner in the Middle East, who knows the lan- were outreach partners. Finally, in Abdelhamid Abaaoud—were what we guage, who knows and understands 2009, after they were implicated as would call Special Interest Aliens moderate Islam, who understands rad- partners, coconspirators in funding ter- (SIAs). They infiltrated over the com- ical Islam, who understands who the rorism, the FBI finally, in 2009, had to mon European external . . . border at

VerDate Sep 11 2014 04:43 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.033 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9326 CONGRESSIONAL RECORD — HOUSE December 15, 2015 Greece, just like Syrians show up at students at the Raiwind center and in- ment of this initiative has been key to the U.S.-Mexico border, camouflaged vite them to undertake military train- the future success of the project.’’ among many other illegal immigrants. ing.’’ See, that was before they pulled him Europe’s SIAs from Syria, Somalia, Tablighi Jamaat links to terror in- off and said no more looking into Pakistan, and many other Islamic na- clude: 1995, Benazir Bhutto coup at- Tablighi Jamaat. You can’t do it be- tions are moved along their land and tempt; 2001, John Walker Lindh; 2001, cause you are messing with people you sea routes with the ubiquitous aid of Richard Reid, the shoe bomber; 2002, can’t be messing with. Apparently, ties human smugglers, just as they are to Jose Padilla; 2002, Portland Seven; 2002, would come back to this administra- the U.S.-Mexico border. Lackawanna Six; 2005, London Under- tion. It is not hard to figure out. Just ‘‘This is perhaps the world’s deadliest ground Bombing; 2006, airline bombing look at the Holy Land Foundation known case of terrorist border infiltra- plot; 2008, Barcelona plot. pleadings, look at who are listed as co- tion by SIAs. Abaaoud was a Belgium Those are just some of the ties that conspirators in supporting terrorism, citizen before he went to Syria and be- Tablighi Jamaat has had with ter- and look at whom this administration came a notorious Islamic State opera- rorism. takes advice from. tive. He knew he was on the radar of Now, the al-Huda Institute is a global Tommy Nelson, a minister back in intelligence services, and couldn’t network of Islamist religious schools, Denton, Texas, I have never met once, come home the legal way unnoticed. So with branches in Pakistan, , said: Yeah, God is in control, but just he traveled home as an illegal migrant and the United States. USA Today re- because he is in control doesn’t mean under the cover of thousands of legiti- ported on December 12, 2015: ‘‘Nosheen he wants us to lean on our shovel and mate ones.’’ Ali Irfan, 54, who lives in Karachi, pray for a hole. Mr. Speaker, I know I have got peo- Pakistan’s largest city, said she sent Well, when this headline came out, ple out there who have belittled me in both of her daughters to study in Al- Mr. Speaker, God isn’t fixing this, de- the past when I have quoted from the Huda during summer 2014 but within spite prayers that God would fix it. I FBI Director that we have people from five weeks became disgruntled by the feel sure God is saying: Use what I have radical Islamic areas who have camou- teachings and discontinued the lessons. given you, and you can stop it yourself. flaged themselves. He had said that ‘‘Irfan said her family has a religious I yield back the balance of my time. background but the teachings at Al- some of them actually changed their f names to have Hispanic-sounding Huda were ‘too radical’ even for them names and that they tried to blend in. . . . ‘If there is an environment Jihadis LEAVE OF ABSENCE That is what the FBI Director says. (Islamic warriors) would come to re- By unanimous consent, leave of ab- People can belittle me all day long, but cruit, it would be these kinds of insti- sence was granted to: when the FBI Director—in this case, tutions,’ she said.’’ Mr. CUELLAR (at the request of Ms. the former FBI Director—said that Al-Huda links to terror include Ali PELOSI) for today on account of family while he was Director, then, when Asad Chandia, an al-Huda teacher in reasons. College Park, Maryland, who provided those points are made, somebody needs f to talk about them whether the coun- material support to a Pakistani terror try is going to make fun of one or not. group; 2012, four former students join SENATE BILL REFERRED ISIS in Syria; and in 2015, Tashfeen A bill of the Senate of the following b 1945 Malik, who was engaged in the San title was taken from the Speaker’s In an article, dated December 10, Bernardino attack. table and, under the rule, referred as 2015, by Andrew McCarthy, titled, In San Bernardino, the investigation follows: ‘‘After Jihadist Mass Murder, the into groups affiliated with the S. 2044. An act to prohibit the use of cer- CAIR’s Sharia Agenda Rolls On,’’ he Deobandi Islamic movement was tain clauses in form contracts that restrict points out just how CAIR continues stopped before it could have connected the ability of a consumer to communicate with their agenda and what those who the dots, and that is where Phil Haney regarding the goods or services offered in have studied CAIR, its contacts, its re- was going in. He was finding all these interstate commerce that were the subject of lations, what they intend is civiliza- ties that Tablighi Jamaat individuals the contract, and for other purposes; to the tion jihad. That is our civilization they had with other known terrorists. In Committee on Energy and Commerce. care to take over. fact, he got a letter of commendation f Now, my friend from the Department before Homeland Security realized, SENATE ENROLLED BILL SIGNED of Homeland Security, now retired so wow, he is finding people that have ties The Speaker announced his signature he can talk about things that aren’t to this administration so we have got to an enrolled bill of the Senate of the classified, discussed some of these to stop him cold. things on Megan Kelly’s show. He was Before they realized that, June 8, following title: actually investigating Tablighi 2012, he was given a letter that said: S. 808. An act to establish the Surface Jamaat, which is one of many organi- ‘‘On behalf of U.S. Customs and Border Transportation Board as an independent es- tablishment, and for other purposes. zations that are under the overall rad- Protection (CBP), I commend your out- ical Islamic movement. As he has standing contributions while assigned f pointed out, Tablighi Jamaat means to the National Training Center-Pas- BILLS PRESENTED TO THE ‘‘society for spreading faith.’’ It is an senger (NTC–P). Your display of dedica- PRESIDENT Islamic global proselytizing movement tion and effort in the fight against ter- Karen L. Haas, Clerk of the House, with followers in over 200 countries. rorism has been exemplary. reported that on December 11, 2015, she Now, not everybody in Tablighi ‘‘Your talents and professionalism presented to the President of the Jamaat is a terrorist. Not everybody in have contributed to the continued United States, for his approval, the fol- Tablighi Jamaat is a radical Islamist, achievements of the NTC–P. You lowing bills: but it should set off bells and whistles played a key role by providing support to wake people up when a relationship to the CBP mission and the NTC–P lead H.R. 2250. Further Continuing Appropria- tions Act, 2016. is seen. role in defending and protecting our H.R. 2693. To designate the arboretum at From the Middle East Quarterly in nation’s borders.’’ the Hunter Holmes McGuire VA Medical 2005, it states: ‘‘After joining Tablighi On further down, it says: ‘‘Addition- Center in Richmond, Virginia, as the ‘‘Phyl- Jamaat, groups at a local mosque or Is- ally, your expertise and experience has lis E. Galanti Arboretum’’. lamic center and doing a few local been invaluable while assigned to the f dawa (proselytism) missions, Tablighi Advanced Targeting Team (ATT). Your officials invite star recruits to the research on the Tablighi Jamaat Ini- ADJOURNMENT Tablighi center in Raiwind, Pakistan, tiative has assisted in the identifica- Mr. GOHMERT. Mr. Speaker, I move for four months of additional mis- tion of over 300 persons with possible that the House do now adjourn. sionary training. Representatives of connections to terrorism. The assist- The motion was agreed to; accord- terrorist organizations approach the ance you have provided in the develop- ingly (at 7 o’clock and 51 minutes

VerDate Sep 11 2014 04:43 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.034 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 15, 2015 CONGRESSIONAL RECORD — HOUSE H9327 p.m.), under its previous order, the to 5 U.S.C. 801(a)(1)(A); Added by Public Law cedures with respect to determinations by House adjourned until tomorrow, 104-121, Sec. 251; (110 Stat. 868); to the Com- the Financial Stability Oversight Council Wednesday, December 16, 2015, at 9 a.m. mittee on Energy and Commerce. that a nonbank financial company shall be 3771. A letter from the Deputy Assistant supervised by the Board of Governors and f Administrator for Regulatory Programs, shall be subject to prudential standards; to EXECUTIVE COMMUNICATIONS, NMFS, National Oceanic and Atmospheric the Committee on Financial Services. ETC. Administration, transmitting the Adminis- By Mr. JOHNSON of Georgia: tration’s final rule — Takes of Marine Mam- H.R. 4249. A bill to provide an increased Under clause 2 of rule XIV, executive mals Incidental to Specified Activities; U.S. Federal capability for civil investigations communications were taken from the Navy Training and Testing Activities in the and litigation, regarding alleged police, pros- Speaker’s table and referred as follows: Northwest Training and Testing Study Area ecutorial, or judicial misconduct, under sec- 3764. A letter from the Administrator, Risk [Docket No.: 140109018-5999-02] (RIN: 0648- tion 210401 the Violent Crime Control and Management Agency, Department of Agri- BD89) received December 10, 2015, pursuant Law Enforcement Act of 1994, and for other culture, transmitting the Department’s final to 5 U.S.C. 801(a)(1)(A); Added by Public Law purposes; to the Committee on the Judici- rule — Area Risk Protection Insurance 104-121, Sec. 251; (110 Stat. 868); to the Com- ary. (ARPI) Regulations; ARPI Basic Provisions mittee on Natural Resources. By Mr. BLUMENAUER: H.R. 4250. A bill to amend the Internal Rev- and ARPI Forage Crop Insurance Provisions f enue Code of 1986 to extend the statute of [Docket No.: FCIC-15-0003] (RIN: 0563-AC49) REPORTS OF COMMITTEES ON limitation for credit or refund for taxpayers received December 11, 2015, pursuant to 5 who receive combat pay; to the Committee U.S.C. 801(a)(1)(A); Added by Public Law 104- PUBLIC BILLS AND RESOLUTIONS on Ways and Means. 121, Sec. 251; (110 Stat. 868); to the Committee Under clause 2 of rule XIII, reports of By Mr. COFFMAN (for himself, Mr. on Agriculture. committees were delivered to the Clerk CARTWRIGHT, Mr. POCAN, Mr. PAS- 3765. A letter from the OSD Federal Reg- for printing and reference to the proper CRELL, Mr. LATTA, Mr. HONDA, Ms. ister Liaison Officer, Office of the Secretary, calendar, as follows: ESTY, Mr. NUGENT, Mr. ISRAEL, Mr. Department of Defense, transmitting the De- Mr. MCCAUL: Committee on Homeland Se- LOEBSACK, Mr. COLE, Mr. SEAN PAT- partment’s Major interim final rule — Tran- curity. H.R. 3878. A bill to enhance cyberse- RICK MALONEY of New York, Ms. sition Assistance Program (TAP) for Mili- curity information sharing and coordination BROWNLEY of California, Mr. COSTA, tary Personnel [Docket ID: DOD-2013-OS- at ports in the United States, and for other Mr. RYAN of Ohio, Mrs. LOVE, Mr. 0236] (RIN: 0790-AJ17) received December 10, purposes, with an amendment (Rept. 114–379, PALAZZO, Mr. MILLER of Florida, Mr. 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Added Pt. 1). Referred to the Committee of the ZINKE, Mr. BILIRAKIS, Mr. JONES, Miss by Public Law 104-121, Sec. 251; (110 Stat. Whole House on the state of the Union. RICE of New York, Mr. WALKER, Mr. 868); to the Committee on Armed Services. Mr. MCCAUL: Committee on Homeland Se- BOST, Mr. KING of Iowa, Mr. ZELDIN, 3766. A letter from the Associate General curity. H.R. 2285. A bill to improve enforce- Mr. COSTELLO of Pennsylvania, and Counsel for Legislation and Regulations, De- ment against trafficking in cultural property Mr. RUIZ): partment of Housing and Urban Develop- and prevent stolen or illicit cultural prop- H.R. 4251. A bill to amend title 10, United ment, transmitting the Department’s final erty from financing terrorist and criminal States Code, to ensure that the Secretary of rule — Homeless Emergency Assistance and networks, and for other purposes, with an Defense affords each member of a reserve Rapid Transition to Housing: Defining amendment (Rept. 114–380, Pt. 1). component of the Armed Forces with the op- ‘‘Chronically Homeless’’ [Docket No.: FR- Ordered to be printed. portunity for a physical examination before 5809-F-01] (RIN: 2506-AC37) received Decem- Mr. DENT: Committee on Ethics. In the the member separates from the Armed ber 11, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Matter of Allegations Relating to Represent- Forces; to the Committee on Armed Serv- Added by Public Law 104-121, Sec. 251; (110 ative JARED POLIS (Rept. 114–381). Referred ices. Stat. 868); to the Committee on Financial to the House Calendar. By Mr. FINCHER (for himself, Mr. Services. DISCHARGE OF COMMITTEE HECK of Washington, and Mr. STIV- 3767. A letter from the Assistant General ERS): Counsel for Legislation, Regulation and En- Pursuant to clause 2 of rule XIII, the Committee on Transportation and In- H.R. 4252. A bill to extend temporarily the ergy Efficiency, Office of the General Coun- extended period of protection for members of sel, Department of Energy, transmitting the frastructure discharged from further uniformed services relating to mortgages, Department’s final determination — Energy consideration. H.R. 3878 referred to the mortgage foreclosure, and eviction, and for Conservation Program: Energy Conservation Committee of the Whole House on the other purposes; to the Committee on Vet- Standards for High-Intensity Discharge state of the Union. erans’ Affairs. Lamps [Docket No.: EERE-2010-BT-STD-0043] f By Mr. HASTINGS (for himself, Ms. (RIN: 1904-AC36) received December 10, 2015, EDDIE BERNICE JOHNSON of Texas, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); Added by PUBLIC BILLS AND RESOLUTIONS GRIJALVA, Mr. MURPHY of Florida, Public Law 104-121, Sec. 251; (110 Stat. 868); to Mr. JOHNSON of Georgia, and Mr. VAN the Committee on Energy and Commerce. Under clause 2 of rule XII, public bills and resolutions of the following HOLLEN): 3768. A letter from the General Counsel, H.R. 4253. A bill to establish a grant pro- Federal Energy Regulatory Commission, titles were introduced and severally re- gram to help State and local law enforce- transmitting the Commission’s final rule — ferred, as follows: ment agencies reduce the risk of injury and Transmission Operations Reliability Stand- By Mr. COHEN (for himself, Mr. NAD- death relating to the wandering characteris- ards and Interconnection Reliability Oper- LER, Mr. ROHRABACHER, and Mr. tics of some children with autism and other ations and Coordination Reliability Stand- FORBES): disabilities; to the Committee on the Judici- ards [Docket No.: RM15-16-000; Order No.: 817] H.R. 4246. A bill to exempt for an addi- ary. received December 10, 2015, pursuant to 5 tional 4-year period, from the application of By Mr. KILMER: U.S.C. 801(a)(1)(A); Added by Public Law 104- the means-test presumption of abuse under H.R. 4254. A bill to prohibit employers from 121, Sec. 251; (110 Stat. 868); to the Committee chapter 7, qualifying members of reserve requiring grocery store employees to enter on Energy and Commerce. components of the Armed Forces and mem- into covenants not to compete, and for other 3769. A letter from the General Counsel, bers of the National Guard who, after Sep- purposes; to the Committee on Education Federal Energy Regulatory Commission, tember 11, 2001, are called to active duty or and the Workforce. transmitting the Commission’s final rule — to perform a homeland defense activity for By Mr. BEN RAY LUJA´ N of New Mex- Revisions to Emergency Operations Reli- not less than 90 days; to the Committee on ico: ability Standards; Revisions to Undervoltage the Judiciary. H.R. 4255. A bill to amend the Act com- Load Shedding Reliability Standards; Revi- By Mr. CURBELO of Florida: monly known as the Indian Long-Term Leas- sions to the Definition of ‘‘Remedial Action H.R. 4247. A bill to provide that certain ing Act to expand certain exceptions for Scheme’’ and Related Reliability Standards Cuban entrants are ineligible to receive ref- long-term lease limits for the Pueblo of [Docket Nos.: RM15-7-000, RM15-12-000, RM15- ugee assistance, and for other purposes; to Santa Clara; to the Committee on Natural 13-000; Order No.: 818] received December 10, the Committee on Education and the Work- Resources. 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Added force, and in addition to the Committee on By Mr. MURPHY of Florida: by Public Law 104-121, Sec. 251; (110 Stat. Ways and Means, for a period to be subse- H.R. 4256. A bill to simplify income-based 868); to the Committee on Energy and Com- quently determined by the Speaker, in each repayment under the Federal student loan merce. case for consideration of such provisions as program, and for other purposes; to the Com- 3770. A letter from the Director, Office of fall within the jurisdiction of the committee mittee on Education and the Workforce, and Congressional Affairs, Nuclear Regulatory concerned. in addition to the Committee on Ways and Commission, transmitting the Commission’s By Mr. WESTMORELAND (for himself Means, for a period to be subsequently deter- final rule — Ultimate Heat Sink for Nuclear and Mr. DAVID SCOTT of Georgia): mined by the Speaker, in each case for con- Power Plants, Regulatory Guide 1.27 Revi- H.R. 4248. A bill to amend the Financial sideration of such provisions as fall within sion 3, received December 11, 2015, pursuant Stability Act to revise the reevaluation pro- the jurisdiction of the committee concerned.

VerDate Sep 11 2014 03:44 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.037 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9328 CONGRESSIONAL RECORD — HOUSE December 15, 2015 By Mr. NUNES (for himself, Mr. H. Res. 565. A resolution supporting the arming, and disciplining the militia), and THORNBERRY, Mr. MCCAUL, Mr. MIL- peace process in Colombia; to the Committee clause 18 (relating to the power of Congress LER of Florida, Mr. FRELINGHUYSEN, on Foreign Affairs. to make all laws necessary and proper for Ms. GRANGER, Mr. KING of New York, f carrying out the powers vested in Congress) Mr. LOBIONDO, Mr. ROONEY of Flor- By Mr. FINCHER: ida, Mr. HECK of Nevada, Mr. POMPEO, MEMORIALS H.R. 4252. Congress has the power to enact this legis- Mr. STEWART, Mr. TIBERI, Mr. ROS- Under clause 3 of rule XII, KAM, Ms. JENKINS of Kansas, Mr. lation pursuant to the following: MARCHANT, Mrs. BLACK, Mr. MEEHAN, 163. The SPEAKER presented a memorial Article I, Section VIII Mr. DOLD, and Mr. HOLDING): of the General Assembly of the State of New By Mr. HASTINGS: H.R. 4257. A bill to protect the American Jersey, relative to Senate Concurrent Reso- H.R. 4253. and Iranian peoples as well as the global lution No. 132, requesting the Congress of the Congress has the power to enact this legis- economy from Iran’s systematic abjuration United States call a convention of the States lation pursuant to the following: of international legal standards on human to propose amendments to the Constitution U.S. Const. art. I, § 8 and civil rights, its support for international of the United States; which was referred to By Mr. KILMER: terrorism, and the corrosive economic mal- the Committee on the Judiciary. H.R. 4254. feasance of Iran’s Revolutionary Guard f Congress has the power to enact this legis- Corps, and for other purposes; to the Com- lation pursuant to the following: mittee on Foreign Affairs, and in addition to PRIVATE BILLS AND Article I, Section 8, Clause 3: Congress the Committees on Rules, Ways and Means, RESOLUTIONS shall have the power to ‘‘regulate Commerce with foreign Nations, and among the several and Financial Services, for a period to be Under clause 3 of rule XII, subsequently determined by the Speaker, in states and with the Indian Tribes.’’ ´ each case for consideration of such provi- Mr. LOEBSACK introduced a bill (H.R. By Mr. BEN RAY LUJAN of New Mex- sions as fall within the jurisdiction of the 4261) for the relief of Max Villatoros; which ico: committee concerned. was referred to the Committee on the Judici- H.R. 4255. By Mr. ROSKAM (for himself, Mr. ary. Congress has the power to enact this legis- NUNES, Mr. POMPEO, and Mr. ZELDIN): f lation pursuant to the following: H.R. 4258. A bill to impose sanctions Article I, Section 8, Clause 3 against any entity with respect to which CONSTITUTIONAL AUTHORITY By Mr. MURPHY of Florida: Iran’s Revolutionary Guard Corps owns, di- STATEMENT H.R. 4256. Congress has the power to enact this legis- rectly or indirectly, a 20 percent or greater Pursuant to clause 7 of rule XII of interest in the entity, and for other pur- lation pursuant to the following: the Rules of the House of Representa- Article 1, Section 8, Clause 1 of the Con- poses; to the Committee on Foreign Affairs, tives, the following statements are sub- stitution and in addition to the Committee on Finan- By Mr. NUNES: cial Services, for a period to be subsequently mitted regarding the specific powers H.R. 4257. determined by the Speaker, in each case for granted to Congress in the Constitu- Congress has the power to enact this legis- consideration of such provisions as fall with- tion to enact the accompanying bill or lation pursuant to the following: in the jurisdiction of the committee con- joint resolution. Clause 3 of section 8 of Article I of the cerned. By Mr. COHEN: United States Constitution; By Mr. SENSENBRENNER (for him- H.R. 4246. Clause 18 of section 8 of Article I of the self, Mr. RIBBLE, and Mr. GROTHMAN): Congress has the power to enact this legis- United States Constitution. H.R. 4259. A bill to prohibit the Adminis- lation pursuant to the following: By Mr. ROSKAM: trator of the Environmental Protection Article I, Section 8, Clause 3 H.R. 4258. Agency from establishing, implementing, or By Mr. CURBELO of Florida: Congress has the power to enact this legis- enforcing any limit on the aggregate emis- H.R. 4247. lation pursuant to the following: sions of carbon dioxide from a State or any Congress has the power to enact this legis- Article I, Section 8, Clause 1: ‘‘The Con- category or subcategory of sources within a lation pursuant to the following: gress shall have Power To . . . provide for State; to the Committee on Energy and Com- Article I, Section 8, Clause 3, the Com- the common Defence and general Welfare of merce. merce Clause the United States.’’ By Ms. SINEMA (for herself, Mr. COS- By Mr. WESTMORELAND: Article I, Section 8, Clause 3: ‘‘The Con- TELLO of Pennsylvania, and Mr. COFF- H.R. 4248. gress shall have the Power . . . To regulate MAN): Congress has the power to enact this legis- Commerce with foreign Nations, and among H.R. 4260. A bill to protect servicemembers lation pursuant to the following: the several States, and with the Indian in higher education, and for other purposes; The Commerce Clause, Article I, Section 8, Tribes.’’ to the Committee on Education and the Clause 3 of the Constitution states that Con- Article I, Section 8, Clause 18: ‘‘The Con- Workforce, and in addition to the Commit- gress shall have power to regulate the regu- gress shall have the Power . . . To make all tees on Veterans’ Affairs, and Armed Serv- late Commerce with foreign Nations, and Laws which shall be necessary and proper for ices, for a period to be subsequently deter- among the several States, and with the In- carrying into Execution the foregoing Pow- mined by the Speaker, in each case for con- dian Tribes. ers, and all other Powers vested by this Con- sideration of such provisions as fall within By Mr. JOHNSON of Georgia: stitution in the Government of the United the jurisdiction of the committee concerned. H.R. 4249. States, or in any Department of Officer By Mr. MCCARTHY: Congress has the power to enact this legis- thereof.’’ H.J. Res. 76. A joint resolution appointing lation pursuant to the following: Tenth Amendment: ‘‘The powers not dele- the day for convening of the second session Article 1, Section 8, Clause 18, ‘‘The Con- gated to the United States by the Constitu- of the One Hundred Fourteenth Congress; gress shall have the Power to . . . make all tion, nor prohibited by it to the States, are considered and passed. considered and laws which shall be necessary and proper for reserved to the States respectively, or to the passed. carrying into Execution the foregoing Pow- people.’’ By Mr. DEFAZIO (for himself and Mr. ers, and all other Powers vested by this Con- By Mr. SENSENBRENNER: JONES): stitution in the Govenment of the United H.R. 4259. H.J. Res. 77. A joint resolution to amend States, or in any Department or Officer Congress has the power to enact this legis- the War Powers Resolution; to the Com- thereof.’’ lation pursuant to the following: mittee on Foreign Affairs, and in addition to By Mr. BLUMENAUER: Article 1 the Committee on Rules, for a period to be H.R. 4250. Section 8 subsequently determined by the Speaker, in Congress has the power to enact this legis- Clause 18 each case for consideration of such provi- lation pursuant to the following: By Ms. SINEMA: sions as fall within the jurisdiction of the US Const., Art. I, Sec. 8 providing Congress H.R. 4260. committee concerned. the taxing authority. Congress has the power to enact this legis- By Mr. MCCARTHY: By Mr. COFFMAN: lation pursuant to the following: H. Con. Res. 102. Concurrent resolution H.R. 4251. Article I, Section 8 providing for a joint session of Congress to Congress has the power to enact this legis- By Mr. LOEBSACK receive a message from the President; con- lation pursuant to the following: H.R. 4261 sidered and agreed to. considered and agreed Article I, section 8 of the United States Congress has the power to enact this legis- to. Constitution, specifically clause 14 (relating lation pursuant to the following: By Mr. GALLEGO (for himself, Mr. to the power of Congress to make rules for Article 1 Section 8 Clause 4 of the US Con- BYRNE, Mr. LEWIS, Mr. JOHNSON of the government and regulation of the land stitution Georgia, Mr. FARR, and Mr. MCGOV- and naval forces), clause 16 (relating to the By Mr. DEFAZIO: ERN): power of Congress to provide for organizing, H.J. Res. 77.

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Congress has the power to enact this legis- H.R. 2017: Mr. BROOKS of Alabama. H.R. 3719: Ms. STEFANIK. lation pursuant to the following: H.R. 2023: Mr. TAKAI. H.R. 3722: Mr. HURD of Texas. Clause 11, of Section 8, of Article I of the H.R. 2096: Mr. THOMPSON of California. H.R. 3742: Mrs. COMSTOCK. U.S. Constitution H.R. 2123: Mr. KING of New York. H.R. 3786: Ms. WILSON of Florida. H.R. 2138: Mr. KIND. ´ f H.R. 3790: Mr. CARDENAS and Mr. RYAN of H.R. 2191: Mr. TED LIEU of California. Ohio. ADDITIONAL SPONSORS H.R. 2217: Ms. WILSON of Florida. H.R. 3793: Ms. LEE. H.R. 2257: Mrs. NAPOLITANO. Under clause 7 of rule XII, sponsors H.R. 3808: Mr. TIBERI and Mr. HUIZENGA of H.R. 2278: Mr. JONES and Mr. DUNCAN of Michigan. were added to public bills and resolu- Tennessee. H.R. 3832: Ms. FRANKEL of Florida and Mrs. tions, as follows: H.R. 2293: Mr. CULBERSON, Mr. YODER, Mr. COMSTOCK. H.R. 224: Mr. BRADY of Pennsylvania, Ms. LOWENTHAL, Mr. COLE, and Mr. COURTNEY. H.R. 3861: Ms. WILSON of Florida. WASSERMAN SCHULTZ, Mr. AL GREEN of H.R. 2302: Mr. SCOTT of Virginia. H.R. 3870: Mr. PERLMUTTER. Texas, Mr. SERRANO, Mr. COURTNEY, Mr. H.R. 2315: Mr. CASTRO of Texas. H.R. 3880: Mr. JOHNSON of Ohio and Mr. SMITH of Washington, Mr. CARTWRIGHT, Mr. H.R. 2411: Mr. LOWENTHAL, Mr. TONKO, and WEBSTER of Florida. KENNEDY, and Mr. FOSTER. Ms. MOORE. H.R. 3886: Ms. WILSON of Florida, Mr. KIL- H.R. 239: Mr. MCNERNEY, Ms. Vela´ zquez, H.R. 2430: Mr. TAKANO, Mr. GRAYSON, and MER, and Mrs. NAPOLITANO. Mr. LYNCH, Mr. CLAY, Mrs. DAVIS of Cali- Mr. DANNY K. DAVIS of Illinois. H.R. 3914: Mr. CARTER of Georgia. fornia, Mr. LEWIS, Mr. MURPHY of Florida, H.R. 2513: Mr. GALLEGO. H.R. 3926: Ms. SCHAKOWSKY, Mr. POLIS, Ms. ´ and Ms. LORETTA SANCHEZ of California. H.R. 2515: Mr. CARDENAS and Mr. KELLY of LOFGREN, Mr. CARSON of Indiana, Mr. H.R. 320: Mr. CARTER of Texas. Pennsylvania. TAKANO, Mr. YARMUTH, and Ms. JUDY CHU of H.R. 347: Mr. STIVERS. H.R. 2519: Ms. SCHAKOWSKY. California. ERA H.R. 379: Mr. COFFMAN and Mr. VISCLOSKY. H.R. 2540: Mr. B . H.R. 3927: Ms. BROWNLEY of California. H.R. 2635: Ms. MENG. H.R. 448: Mr. TONKO. H.R. 3940: Mr. BERA, Mr. HARPER, Mr. BUCK, H.R. 2646: Mr. FRELINGHUYSEN. H.R. 465: Mr. PEARCE and Mr. LATTA. Ms. PINGREE, Ms. SEWELL of Alabama, Mr. H.R. 2680: Mr. LOWENTHAL. H.R. 539: Ms. GRAHAM, Mr. MEEKS, Mr. POSEY, and Mr. ASHFORD. H.R. 2689: Mr. KILMER. BRADY of Pennsylvania, Mr. QUIGLEY, Mr. H.R. 3947: Ms. WILSON of Florida and Ms. H.R. 2694: Ms. DELBENE. RODNEY DAVIS of Illinois, and Mr. HONDA. FRANKEL of Florida. H.R. 2713: Mr. YOUNG of Alaska. H.R. 556: Mr. BERA H.R. 3948: Ms. WILSON of Florida and Ms. H.R. 2716: Mr. WEBSTER of Florida. H.R. 592: Mr. POLIQUIN. FRANKEL of Florida. H.R. 2726: Ms. FRANKEL of Florida. H.R. 619: Mr. BEN RAY LUJA´ N of New Mex- H.R. 3957: Ms. FRANKEL of Florida. H.R. 2737: Mr. TROTT, Mrs. WAGNER, and ico. H.R. 3963: Mr. JONES and Mr. LIPINSKI. Ms. HAHN. H.R. 667: Mr. VAN HOLLEN. H.R. 3965: Mrs. NAPOLITANO. H.R. 2739: Mr. FORTENBERRY and Mr. H.R. 699: Mr. KIND and Mr. ROTHFUS. H.R. 3970: Ms. STEFANIK, Mr. HIGGINS, Mr. SCHIFF. H.R. 703: Mr. JODY B. HICE of Georgia. CARSON of Indiana, Ms. SLAUGHTER, and Mr. H.R. 2759: Mr. GRIJALVA and Ms. SINEMA. H.R. 721: Ms. BASS. FOSTER. H.R. 2763: Mr. KIND. H.R. 746: Ms. EDWARDS, Mr. MICHAEL F. H.R. 3990: Ms. LEE, Ms. SINEMA, Ms. H.R. 2775: Ms. DUCKWORTH. DOYLE of Pennsylvania, and Ms. MICHELLE GABBARD and Ms. ESHOO. H.R. 2849: Ms. EDWARDS, Mr. COFFMAN, Ms. LUJAN GRISHAM of New Mexico. H.R. 4016: Mr. BOUSTANY. MICHELLE LUJAN GRISHAM of New Mexico, H.R. 842: Mr. YOHO, Mr. STUTZMAN, Mr. H.R. 4018: Mr. MILLER of Florida, Mr. ROO- and Mr. BRADY of Pennsylvania. MEEKS, and Mr. ASHFORD. NEY of Florida, and Mr. PITTENGER. H.R. 2858: Mr. LOWENTHAL and Mr. LYNCH. H.R. 870: Mr. SEAN PATRICK MALONEY of H.R. 4055: Mr. TAKANO. H.R. 2871: Mr. ENGEL. New York. TEFANIK H.R. 2896: Mr. CONAWAY. H.R. 4058: Ms. S . H.R. 885: Mr. BERA. H.R. 2903: Mr. NEWHOUSE, Ms. SEWELL of H.R. 4080: Mr. KILDEE. H.R. 911: Mr. FATTAH and Mr. ROSS. EUTCH Alabama, and Ms. SINEMA. H.R. 4087: Mr. D . H.R. 921: Ms. BROWN of Florida. H.R. 3040: Mr. PERLMUTTER. H.R. 4108: Mr. JONES. H.R. 953: Mr. BRADY of Pennsylvania. H.R. 3051: Ms. FUDGE, Mr. CLEAVER, Ms. H.R. 4117: Mr. COHEN. H.R. 969: Mr. FATTAH and Ms. TITUS. KELLY of Illinois, Ms. MOORE, Ms. CASTOR of H.R. 4138: Mr. DOLD and Mr. FARENTHOLD. H.R. 986: Mr. HENSARLING and Mr. MCCLIN- EATING Florida, Ms. MATSUI, and Mr. ISRAEL. H.R. 4144: Mr. K . TOCK. H.R. 3179: Mrs. ELLMERS of North Carolina. H.R. 4153: Mr. BILIRAKIS. SONGAS H.R. 990: Ms. T . H.R. 3187: Mr. ROHRABACHER. H.R. 4162: Mr. POCAN, Mr. PRICE of North H.R. 1076: Ms. KELLY of Illinois, Mr. CAR- H.R. 3284: Mr. GRIJALVA, Mr. HASTINGS, Mr. Carolina, Mr. CARTWRIGHT, Mr. TONKO, Ms. NEY, and Mr. QUIGLEY. CONYERS, Mr. DOLD, and Mr. ENGEL. LEE, and Mr. SWALWELL of California. H.R. 1093: Mr. JOHNSON of Ohio. H.R. 3309: Mrs. COMSTOCK. H.R. 4177: Mr. MILLER of Florida. H.R. 1116: Mr. JOYCE, Mr. DENT, and Mr. H.R. 3314: Mr. WOMACK. H.R. 4179: Mr. TONKO. ROSKAM. H.R. 3326: Mr. POLIQUIN. H.R. 4180: Ms. DUCKWORTH. H.R. 1142: Mr. COSTELLO of Pennsylvania, H.R. 3339: Mr. FRELINGHUYSEN, Mr. VEASEY, H.R. 4183: Mr. WALBERG. Mr. BERA and Ms. FRANKEL of Florida. Mr. BEYER, Mrs. KIRKPATRICK, Mr. H.R. 4184: Mr. FARR, Mr. BLUMENAUER, Mr. H.R. 1153: Mr. CULBERSON. CA´ RDENAS, and Mr. COLLINS of New York. GRIJALVA, Mr. MCGOVERN, Mr. POCAN, and H.R. 1157: Mr. RUIZ. H.R. 3355: Mr. YARMUTH, Ms. WILSON of Mr. RYAN of Ohio. H.R. 1220: Mr. RUPPERSBERGER, Mr. HUN- Florida, and Mr. BEN RAY LUJA´ N of New Mex- H.R. 4185: Mr. ROGERS of Kentucky, Mr. TER, and Mr. BOST. ico. BUCSHON, Mr. WHITFIELD, Mr. LYNCH, Mr. H.R. 1258: Mr. LOWENTHAL, Mr. COURTNEY, H.R. 3356: Mr. LARSEN of Washington. MARINO, and Mrs. ROBY. and Mr. YODER. H.R. 3366: Ms. WILSON of Florida. H.R. 4186: Mr. ZINKE. H.R. 1312: Mr. WALDEN. H.R. 3381: Mr. SENSENBRENNER and Ms. H.R. 4197: Mrs. BLACK and Mr. LATTA. H.R. 1399: Ms. STEFANIK. SCHAKOWSKY. H.R. 4209: Mr. JEFFRIES, Mr. RANGEL, and H.R. 1427: Mr. SERRANO. H.R. 3384: Mrs. NAPOLITANO. Mr. BEN RAY LUJA´ N of New Mexico. H.R. 1453: Mr. ROKITA. H.R. 3406: Ms. SLAUGHTER. H.R. 4211: Mr. HIMES and Ms. SINEMA. H.R. 1457: Ms. MENG and Mr. TIPTON. H.R. 3411: Ms. JACKSON LEE and Mr. YAR- H.R. 4229: Ms. SLAUGHTER. H.R. 1475: Mr. KING of Iowa and Mr. MUTH. H.R. 4233: Ms. LORETTA SANCHEZ of Cali- GALLEGO. H.R. 3437: Mr. MCCLINTOCK. fornia. H.R. 1559: Mrs. MCMORRIS RODGERS. H.R. 3441: Mrs. BLACK. H.R. 4238: Mrs. BUSTOS, Mr. MEEKS, Mrs. H.R. 1608: Mr. LYNCH. H.R. 3497: Mr. COHEN. NAPOLITANO, Mr. VARGAS, Ms. SPEIER, Mr. H.R. 1692: Mr. KENNEDY. H.R. 3514: Ms. DELBENE. RANGEL, Miss RICE of New York, Mr. CON- H.R. 1726: Ms. WILSON of Florida. H.R. 3520: Mr. JOHNSON of Ohio. YERS, Mrs. WATSON COLEMAN, Ms. LORETTA H.R. 1728: Mr. BEN RAY LUJA´ N of New Mex- H.R. 3565: Mr. BERA and Mr. CA´ RDENAS. SANCHEZ of California, and Mr. PETERS. ico. H.R. 3606: Mr. O’ROURKE. H.R. 4240: Mr. GOODLATTE, Mr. SENSEN- H.R. 1733: Mr. TIPTON. H.R. 3646: Mr. POMPEO. BRENNER, Mr. RICHMOND, Mr. Pierluisi, Mr. H.R. 1747: Ms. FRANKEL of Florida. H.R. 3654: Mr. CICILLINE, Mr. BRENDAN F. COHEN, Ms. SINEMA, and Mr. RANGEL. H.R. 1751: Ms. WILSON of Florida. BOYLE of Pennsylvania, and Ms. JACKSON H. J. Res. 74: Mr. HENSARLING. H.R. 1818: Mr. PERLMUTTER. LEE. H. Con. Res. 56: Mr. HOLDING. H.R. 1854: Mr. MEEKS. H.R. 3666: Ms. PINGREE. H. Res. 14: Mr. AUSTIN SCOTT of Georgia. H.R. 1877: Mr. CARSON of Indiana. H.R. 3691: Ms. MICHELLE LUJAN GRISHAM of H. Res. 54: Mr. DENHAM. H.R. 1942: Mr. KENNEDY and Mr. New Mexico. H. Res. 112: Ms. PINGREE. LOWENTHAL. H.R. 3694: Mr. ROYCE. H. Res. 265: Mr. GALLEGO. H.R. 1964: Mr. PERLMUTTER. H.R. 3706: Mr. PITTENGER, Mrs. WATSON H. Res. 289: Mr. COHEN. H.R. 2016: Mr. KILMER and Mr. MICHAEL F. COLEMAN, Mr. BEYER, Mr. SENSENBRENNER, H. Res. 290: Mr. MILLER of Florida. DOYLE of Pennsylvania. and Mr. BERA. H. Res. 394: Mr. COHEN.

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H. Res. 417: Mr. GRAVES of Missouri and H. Res. 527: Ms. WILSON of Florida. H. Res. 558: Mr. HIGGINS. Mr. BOUSTANY. H. Res. 548: Ms. LOFGREN and Mr. COHEN. H. Res. 562: Mr. HUFFMAN and Mr. H. Res. 432: Mr. COLLINS of New York, Mr. H. Res. 552: Ms. MENG. SWALWELL of California. BERA, and Mr. CRAMER. H. Res. 554: Mr. TAKANO, Mr. FARENTHOLD, H. Res. 469: Mr. DIAZ-BALART. Ms. BONAMICI, and Mr. MEEKS.

VerDate Sep 11 2014 03:44 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.021 H15DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 161 WASHINGTON, TUESDAY, DECEMBER 15, 2015 No. 182 Senate The Senate met at 10 a.m. and was ble, You will deliver us. Lift the light RECOGNITION OF THE MAJORITY called to order by the President pro of Your countenance upon our Nation LEADER tempore (Mr. HATCH). and world, O Lord, and let Your will be The PRESIDING OFFICER (Mr. COT- done. Let there be peace on Earth, and f TON). The majority leader is recog- let it begin in each of our hearts. Give nized. PRAYER us minds that are wise with wisdom, hearts that are warm with faith, and The Chaplain, Dr. Barry C. Black, of- f fered the following prayer: lips that are eloquent with truth. Let us pray. We pray in Your sacred Name. Amen. APPROPRIATIONS AND TAX Eternal God, thank You for listening f RELIEF NEGOTIATIONS to our prayers. May our lawmakers use fervent prayer to solve problems and to PLEDGE OF ALLEGIANCE Mr. MCCONNELL. Mr. President, as experience Your wonderful peace. Help The President pro tempore led the of this morning we know that commit- the citizens of this land to join our Pledge of Allegiance, as follows: tees and Members from both sides are Senators in using intercession to bring I pledge allegiance to the Flag of the continuing to make important progress healing to our Nation and world. United States of America, and to the Repub- in the ongoing fiscal negotiations. Lord, thank You for Your promise lic for which it stands, one nation under God, That is true on the appropriations side, that if we call You when facing trou- indivisible, with liberty and justice for all. and it is also true on the tax relief side.

NOTICE If the 114th Congress, 1st Session, adjourns sine die on or before December 24, 2015, a final issue of the Congres- sional Record for the 114th Congress, 1st Session, will be published on Thursday, December 31, 2015, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 30. The final issue will be dated Thursday, December 31, 2015, and will be delivered on Monday, January 4, 2016. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster.senate.gov/secretary/ Departments/ReporterslDebates/resources/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at https://housenet.house.gov/legislative/research-and-reference/transcripts-and-records/electronic-congressional-record-inserts. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Publishing Office, on 512– 0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. GREGG HARPER, Chairman.

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

S8647

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VerDate Sep 11 2014 02:07 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A15DE6.000 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8648 CONGRESSIONAL RECORD — SENATE December 15, 2015 This doesn’t mean negotiators have past many days I have worked hard—as Mr. REID. Mr. President, I suggest surmounted every obstacle, but it does a number of others have—to strike the the absence of a quorum. offer an unmistakable sign of forward right balance. We have made multiple The PRESIDING OFFICER. The momentum. Negotiators are working offers to Republicans that were cer- clerk will call the roll. toward filing legislation today and ex- tainly doable, reasonable, and all Re- The senior assistant legislative clerk pect to do so. Many will find that en- publicans had to do was say yes. Say- proceeded to call the roll. couraging. For my part, I will continue ing yes to any of the offers we put on Mr. DURBIN. Mr. President, I ask engaging and consulting colleagues as the table dealing with renewables over unanimous consent that the order for events move forward. the past few days—especially the last 3 the quorum call be rescinded. f days—the ink would be dry, the entire The PRESIDING OFFICER. Without package would be filed, and we would objection, it is so ordered. RECOGNITION OF THE MINORITY be moving ahead on the floor. I made it f LEADER very clear to my Republican colleagues MARKETPLACE FAIRNESS ACT The PRESIDING OFFICER. The that there are offers out there that Democratic leader is recognized. have been unanswered, and I hope they Mr. DURBIN. Mr. President, 2 years f are answered very quickly. ago Members of the Senate did some- I have appreciated getting to know thing that doesn’t happen very often. OMNIBUS AND TAX EXTENDERS We broke through the gridlock and NEGOTIATIONS the Speaker better than I did before. I found him to be available and someone came together to pass meaningful bi- Mr. REID. Mr. President, as my who understands the policy, and I am partisan legislation that was called the friend, the Republican leader, stated, encouraged that last night he said Marketplace Fairness Act. Senator we are continuing to work toward a bi- when he had his teleconference with all MIKE ENZI, a Republican from Wyo- partisan compromise on the omnibus of his Members that he thought we ming, has been the leader on this issue and tax extenders legislation. I have were going to have a deal completed. I from the start. Senator LAMAR ALEX- worked hard—we have all worked hope that in fact is the case. ANDER, a Republican from Tennessee, hard—to get to yes on this massive un- Republicans can take yes for an an- has been an invaluable ally. Senator dertaking, this huge appropriations bill swer. That is all they have to do. But HEIDI HEITKAMP, a relatively new Mem- and this big tax bill. I have been in- Congress is now faced with two clear ber of the Senate but a person with ex- volved on a personal basis in every paths forward. The first is very simple: traordinary knowledge of this field, twist and turn of the way. Pair the oil export ban with much joined me and 65 others to pass legisla- I want to say a word about the sta- needed policies to reduce our carbon tion that would level the playing field tus. We all know that this agreement is emissions and build more renewable for Main Street businesses all across not completed, but I have been so im- energy. The second path is that we America and allow States and local- pressed with the endurance and the move ahead on the government funding ities to collect sales and use taxes that massive amount of experience that bill and tax package without the pack- are already owed under the law. these men and women have—both age of oil and renewable policies. That Since that time—that glorious time 2 Democrats and Republicans. Senator would not be my first preference, but years ago—what has happened? Noth- MCCONNELL and I had an event last we would have to live with it. ing—the bill passed the Senate, went to week. We sat next to one another. I We don’t have the legislative lan- the House, and disappeared. sent him a note about how impressed I guage yet on the tax package. This In the face of this obstruction, a bi- was with one of his staff people who is isn’t pointing fingers at anyone ad- partisan group of Senators have said working intimately with one of mine. versely. It is simply the fact that we we will oppose any long-term extension So I want to tell all the staff in all need to get this done. We don’t have of legislation that would take away a these buildings here on Capitol Hill the legislative language done yet. At State’s right to collect taxes on access- who have been working on this night this pace, we are going to be here ing the Internet unless we give States and day how much I appreciate their through Christmas. We need to get the ability to collect taxes on Internet hard work and how the American peo- that done now. sales that are already owed. ple are so fortunate to have these good So these are the two choices. Either The Internet Tax Freedom Act is a men and women working on their be- path forward will keep the government law which is going to expire with the half. We find that most everyone en- open and funded. I certainly hope so. continuing resolution—which I would gaged and working here on Capitol Hill Republicans must decide which they support—and it says that States and are not involved for the money. They prefer. localities cannot impose a tax on ac- are involved because they want to do If Republicans think reducing our cess to the Internet. I think that is something to help change policy and to carbon emissions and encouraging the sound policy. But what we are asking try to do what they can to be involved use of renewable energy is an unaccept- in return is to allow those who use the in what goes on in this great country. able price to pay, we can move the rest Internet to make retail purchases to So I appreciate all they have done to of the package without the oil export pay the sales taxes they already owe this point. ban, but we need not delay anymore. for their purchases. It is that simple. It I think we have done a good job as re- There is no reason to delay any fur- is not fair to tie the hands of States sponsible legislators, working to find ther. and localities to collect the revenue common ground and strike a balance So I say to everyone who is listening they need to fund law enforcement, that can pass Congress and be signed here this morning: It is decision time. public schools, infrastructure, and into law by the President. But it is Mr. President, would the Chair an- other vital services without providing time for a reality check on where we nounce the business of the day. a path for States and localities to re- stand on things. place the revenue if they choose. f An agreement could be filed right The Marketplace Fairness Act levels now that covers most everything that RESERVATION OF LEADER TIME the playing field for retailers by allow- we have discussed and would keep the The PRESIDING OFFICER. Under ing States to treat all retailers— government funded fully for a year. At the previous order, the leadership time whether it is a brick-and-mortar store this point, the only major outstanding is reserved. or online—the same when it comes to issue is Republicans’ insistence on rais- f collecting sales and use taxes. It is not ing the export ban on crude oil. a new tax. We are talking about exist- We have made very clear to Repub- MORNING BUSINESS ing taxes and their collection. In Illi- licans that if they insist on including The PRESIDING OFFICER. Under nois we have a quaint way of dealing the oil export ban, there must be in- the previous order, the Senate will be with this. I recall a few years ago, cluded in this robust policies to reduce in a period of morning business until 5 when I was doing my State income tax our carbon emissions and encourage p.m., with Senators permitted to speak returns, the bookkeeper called and the use of renewable energy. So for the therein for up to 10 minutes each. said: Do you want to declare your

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.002 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8649 Internet purchases and pay the sales and collecting the sales taxes that we These calls for regular order are noth- taxes you owe? I said: Of course I want are going to put them at a disadvan- ing more than veiled attempts to delay to pay the taxes I owe. How do you do tage to their Internet competitors. and obstruct in the House. Let’s have that? Internet retailers benefit under our regular order. Let’s bring up the Well, you declare them on your State current system, sadly, because they Chaffetz measure. If the chairman of income tax return in Illinois. There is don’t charge for sales tax—many of the Judiciary Committee in the House no proof. It is your word, and the fact them don’t. They have a 5-percent or has his own alternative, let him offer that you sign is what the State goes 10-percent advantage over Main Street that as well. by. I estimated my Internet purchases competitors. When you ask many of While House leadership calls for reg- that had not been subject to sales tax these Internet retailers whether they ular order on legislation to level the and paid the appropriate tax in Illinois. want to continue the current system, playing field for Main Street retailers, It turns out that very few people in my they say: Of course, it gives us a break. they bypassed regular order by State who actually do make retail pur- It is not fair, it is not right, and it airdropping a permanent extension of chases over the Internet pay this tax. should be changed. Products sold on- the Internet Tax Freedom Act into a We are trying to change that. The line seem cheaper when sales and use totally unrelated bill. It was a bill in change is very simple: If you are an taxes are not collected at the point of Customs relating to trade agreements. Internet retailer, such as Amazon—the sale, but we all know that tax is still At the very last minute, they dropped largest in the United States—and I owed by the customers. Thousands of in this provision for the permanent make a purchase for the holidays and I Main Street businesses have worked Internet Tax Freedom Act. declare my ZIP Code at the end of my hard to grow their businesses. They The same Members of Congress call- address, Amazon then knows by my employ local people. Now they have be- ing for regular order on e-fairness leg- ZIP Code how much to be collected in come nothing but show rooms because islation skipped regular order when it sales tax. They assess me that with the of this unfairness. Examples: Steve came to the Internet Tax Freedom Act. purchase, take that amount and send it Sahli from Play It Again Sports in Last week, the Customs reauthoriza- back to the Illinois Department of Rev- Naperville, IL, knows this issue of tion conference report, which reformed enue for distribution. It is so simple showrooming all too well. For more some of our Customs and trade law, that there is basic software available, than 20 years, Play It Again Sports has was released. Many were surprised to at a very modest cost, that any retailer been serving the Naperville, IL, com- find deep in the bill on page 381 a brand can use to make that same calculation. munity. People come into the store, new provision that had nothing to do There is nothing exotic or difficult in they try out big-ticket items, use their with Customs, nothing to do with the process, but that is what is miss- phones sometimes to take a picture, trade, has not had a recent hearing in ing. walk out the door, and buy the item the Senate and was dropped in at the Amazon—I use them as an example— online. last minute in this bill—the permanent actually collects sales tax, and they Soccer Plus in Palatine, IL, is an ex- Internet Tax Freedom Act. support our marketplace fairness bill, ample of what happens when it be- This provision wasn’t in the bill that as do many other Internet retailers. comes too difficult to compete with on- passed either the House or the Senate. The difficulty we have run into, line retailers because of their price ad- It is what happens toward the end of though, is there is a resistance to giv- vantage. Two years ago, Soccer Plus the legislative session when things go ing fairer treatment to stores across went out of business. We lost good-pay- bump in the dark. Internet Tax Free- America that are collecting sales taxes ing jobs in Palatine, and Palatine lost dom Act hasn’t even been considered every day against retailers on the a business that was paying its property by this body. Yet there it was in a con- Internet that may or may not collect taxes, employing all the people, and ference report meant to resolve dif- those taxes themselves. sustaining the services of that good ferences that had been debated for What difference does it make? I have city. There is nothing we can do for months. talked to some of the people who run Soccer Plus now, but we can still help I do not support the permanent ex- big chain stores, and they say it has other retailers avoid that same fate. tension of the Internet Tax Freedom reached a point that something has to Even with countless stories like Act in the conference report. I am be done. Consumers come into a store, these, the House of Representatives has going to oppose any other attempt to a major store, and they ask to see cer- refused to address this issue. Numerous move anything longer than the remain- tain products—running shoes, bicycles, requests to the chairman of the House ing 9-month extension of the Internet flat-screen TVs. They pick the one Judiciary Committee to mark up e- Tax Freedom Act until September 30, they like the best, write down all the fairness legislation from ranking mem- 2016. I support the merits of the legisla- information about it, and they are bers and other members have not re- tion, but it is grossly unfair to speed never seen again. Some of them do sulted in any action whatsoever. The this through with an airdrop in a con- have the nerve to return at a later date chairman of the House Judiciary Com- ference report without any hearing and when they make their purchase over mittee is calling for regular order when to do it at the disadvantage of retailers the Internet to the bricks-and-mortar it comes to e-fairness legislation but and businesses across America. store when they are dissatisfied with has refused to even hold a legislative A long-term extension of the Internet the product. Of course the bricks and hearing on the only e-fairness legisla- Tax Freedom Act should be paired with mortar store had nothing to do with tion to be introduced in the House. the Marketplace Fairness Act. We can the sale of the product. They are being That was by Representative JASON make them both permanent law. Let’s asked to provide some consumer rela- CHAFFETZ, a Republican from Utah. He do it and do it together. Let me explain tions on a product they didn’t even introduced the bipartisan Remote why. We should not cut off States and sell. Transactions Parity Act. We have localities at the knees by preventing What is happening? Take a look at worked on a bipartisan basis in the them from collecting tax revenues, by the last Thanksgiving holiday week- Senate with Congressman CHAFFETZ, reducing Federal funding, and without end—one of the biggest retail weekends Congressman WOMACK, and others to also providing State and local govern- of the year. Early reports suggest that come up with a bill that we think is ments the authority to collect the the stores on Main Street and shopping fair that can pass. All we are asking for taxes already owed. The Federal Gov- malls across America had flat sales is a day in court—a legislative hearing, ernment has cut funding for States and compared to last year. How about a markup, and bring the matter to the local governments over the last several Internet retail sales for that weekend? floor of the House. The chairman of the years in an attempt to put the Federal They were up significantly across House Judiciary Committee has re- Government on the right fiscal path. America. fused to work with us on this legisla- Tough decisions have had to be made. What we are looking for is parity and tion. He has his own approach. I dis- Many States and local governments are some equality. It is not fair to say to agree with it, but let’s have the debate. struggling, even in my State. In a one- the store down the block that is paying Let’s have the vote. Isn’t that what two punch, some in Congress want to the rent, paying the property taxes, Congress is supposed to be all about? increase this burden by permanently

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.008 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8650 CONGRESSIONAL RECORD — SENATE December 15, 2015 preventing States and localities from The PRESIDING OFFICER. Without when Iran agreed to give the Inter- imposing certain types of taxes while objection, it is so ordered. national Atomic Energy Agency, or denying them the authority to collect f IAEA, dramatically expanded inspec- sales and tax revenue that is already tion and verification powers. We are owed to them. NUCLEAR AGREEMENT WITH IRAN now 3 months into the JCPOA, and I In 2015 alone, my State of Illinois Mr. COONS. Mr. President, today our want to take this opportunity today to will lose at least $390 million under the Nation is distracted by grave concerns, assess areas where the Obama adminis- Internet Tax Freedom Act. Chicago by threats abroad and at home, by con- tration and our international partners will lose $197 million. Springfield will cerns about our economy and our peo- have done well over the past 3 months lose $6 million. How do we expect ple. I stand here today to call on us to and to highlight areas where we must States and localities to fund first re- continue to be focused on something do more. sponders, firefighters, emergency serv- that is not currently at the top of the Since adoption day, we have seen ices, 911 dispatch, health care services, news but on something that is a press- some progress and some real setbacks local road maintenance, and all the ing and ongoing national concern. We on implementing the terms of the deal. other services that support our com- need to be strictly and aggressively en- First the positives, and there are munity? Unlike the Federal Govern- forcing the terms of our nuclear deal some. Iran has begun to reconfigure its ment, States and localities can’t run with Iran that we reached with a vari- plutonium nuclear reactor at Arak so deficits to continue these services. The ety of our other international partners it can no longer produce materials nec- only option they have is to raise other and that is currently moving forward. essary for a nuclear weapon. The gov- taxes, such as property taxes, or to cut We need to push back on Iran’s bad and ernment has also started to dismantle vital services. disruptive behavior, not just in its re- its enrichment centrifuges and its in- There is a reasonable path forward. gion but globally, and give our admin- frastructure that would have enabled it Congress should pass both a long-term istration and international agencies to use uranium as a nuclear weapon in extension of the Internet Tax Freedom the resources and the nominees con- the short term. The IAEA has also con- Act—which says we will not impose firmed that will allow them to be suc- tinued to make preparations to mon- State and local taxes on access to the cessful in enforcing our actions against itor and verify the deal and to increase Internet—and pass the Marketplace Iran. its number of inspectors on the ground, Fairness Act, which allows States to A few short months ago, if you asked to deploy modern technologies to mon- opt in so Internet retailers selling in anyone what topics would be at the top itor Iran’s declared nuclear facilities, their State will collect the sales tax of the list of America’s foreign policy and to set up a comprehensive over- due and remit to the States and local- conversation or the upcoming Presi- sight program of Iran’s centrifuge man- ities. dential campaign, you would have been ufacturing facilities and its entire nu- I hope my colleagues in the House clear fuel cycle, from uranium mines, will work with me to do that. I wel- hard-pressed to find anyone who didn’t mention the Iran nuclear agreement to mills, to enrichment facilities. come the opportunity to have a serious These steps are promising, but by no dialogue about how to move both front and center. It completely cen- tered the debate in this Chamber and means do they tell the complete story pieces of legislation forward in an ex- of Iran’s bad behavior since this deal peditious manner. around the country last summer and fall. What a difference a few months was reached, nor do these few positive Mr. President, I yield the floor. steps indicate that implementing the Mr. LEAHY. Mr. President, will the can make. terms of this deal going forward will be Senator yield to me for just a moment? This morning many of us are deeply Mr. DURBIN. I am happy to yield to concerned about an alleged bomb anything less than exceptionally dif- my friend and colleague from Vermont. threat in Los Angeles that is causing ficult. In fact, not only will enforce- Mr. LEAHY. Mr. President, I hope hundreds of thousands of school- ment of this deal be incredibly tricky, both Senators and Members of the children to be sent home mid-school- but I believe how effectively and ag- other body listened to what the distin- day. And in response to the recent and gressively we enforce the JCPOA in guished senior Senator from Illinois horrific attacks in Paris and San these early months and years will set the table for how we respond when Iran just said. We all extol the virtues of Bernardino, we are focused on identi- commits violations later. Whether we Main Street America—small towns, big fying weaknesses in our border secu- respond now when Iran commits minor towns. I think of the businesses I go rity and in finding ways to protect the violations around the boundaries of the into every time I am home in Vermont. American people without compro- nuclear deal will send a critical mes- These are hard-working people. They mising our fundamental values. sage to our allies and adversaries alike. are people who support the Little We are rightly focused on expanding I am confident that the actions taken League, the Boy Scout troops, help the U.S.-led coalition to defeat ISIS with all the various charitable drives. by the United States and our allies to and on finding a way to assist our al- counter and restrain Iran and the Mid- And they’re being treated unfairly. lies in providing safe haven to some of What the Senator from Illinois said dle East, especially in these early the millions of refugees fleeing terror months of the deal, will profoundly im- is absolutely right. There are two dif- and chaos abroad. Sadly, we are also ferent issues. Let’s start leveling the pact Iran’s behavior going forward. distracted by a Republican Presidential That brings me to less positive news. playing field. Let’s start worrying as primary in which a leading candidate much about the citizens of our own When I announced my support for the has cast aside the Constitution in favor JCPOA last September, I made it clear community, the people who make our of incendiary rhetoric. That is why I communities work, as we do about that it was based on a deep suspicion of rise today to make sure we remain fo- Iran, an inherent distrust of their in- some conglomerate that none of us cused on one of America’s most impor- ever see, and our communities never tentions, and a clear-eyed commitment tant challenges to the United States to aggressively oversee and enforce the see. So I am proud to say I strongly and our key allies, including, centrally, support what the Senator from Illinois terms of the deal. Israel, which is enforcing the terms of My concerns proved justified on Oc- has done. the nuclear deal with Iran. tober 22 when Iran concluded a ballistic I yield the floor. On September 1, after a long study Mr. DURBIN. I thank the Senator missile test in clear violation of U.N. and real reflection and significant de- from Vermont for his comments. Security Council Resolution 1929. I yield the floor. bate, I ultimately announced my sup- Those unlawful tests came just days I suggest the absence of a quorum. port for the Joint Comprehensive Plan after adoption day under the JCPOA. The PRESIDING OFFICER. The of Action, or the JCPOA, also known as Last week, before the U.N. Security clerk will call the roll. the Iran nuclear agreement. Just over Council could finish their investiga- The senior assistant legislative clerk a week later, the review period ended tions and take any concrete actions, proceeded to call the roll. and Congress failed to reject the deal, we heard reports of a second Iranian Mr. COONS. Mr. President, I ask so it moved forward. The agreement ballistic missile test on November 21. unanimous consent that the order for took effect a month and a half later on I fear the Iranians are taking action the quorum call be rescinded. October 18, known as adoption day, after action in this area and others to

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.009 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8651 demonstrate that they are willing to We have to continue to counter from a dear, long-term friend in New flout international rules, regulations, Iran’s rogue actions—which only serve York, Maurice, who told me about his and restrictions. And in the absence of to isolate Iran on the world stage—by experience decades ago negotiating a our decisive action, these misdeeds by continuing to enforce sanctions with- complex commercial deal with Iran. the Iranians will simply continue and out exception and be prepared to im- After 2 years of excruciating and de- escalate. pose new sanctions if and when Iran’s tailed back-and-forth negotiations, he Today, a new report from the IAEA behavior warrants it. For example, the told me they sat at the table to sign gives further justification to the dis- U.S. Ambassador to the United Na- their agreement and begin their com- trust shared by supporters and oppo- tions, Samantha Power, was right to mercial partnership. After shaking nents of the nuclear deal. The IAEA re- immediately shine a spotlight on the hands across the table, the lead Iranian port on the so-called possible military recent ballistic missile test I recently negotiator said: Now, my friend, the dimensions—or PMD—of Iran’s nuclear cited and to call for a U.N. Security negotiations begin in earnest. program found ‘‘that a range of activi- Council investigation promptly. When All of us who have studied Iran’s be- ties relevant to the development of a that investigation is completed, the havior and know the history of their nuclear explosive device were con- Security Council should act, but if it work to conceal their nuclear weapons ducted in Iran prior to the end of 2003 doesn’t, I hope and expect that the ad- program and their work to destabilize as a coordinated effort, and some ac- ministration is ready to enforce a se- the region know that Iran will cheat on tivities took place after 2003.’’ These ries of unilateral American actions, in- this agreement. They will litigate the boundaries. They will find ways large activities included computer modeling cluding direct sanctions against those that took place as recently as 2009. and small to test us. Iranians responsible for this violation. For example, the nuclear agreement The PMD report details just how de- While these ballistic missile tests are termined Iran has been to develop nu- bars Iran from enriching beyond 3.67 outside the parameters of the JCPOA, percent. How will we respond if, for ex- clear weapons capability. Iran devel- our response has to be strategic, and ample, for a month Iran claims it acci- oped detonators. Iran experimented we have to make sure Iran knows it dentally enriched to 4 percent? We are with explosives technology. Iran en- can’t continue to simply and blatantly unlikely to snap back the full multilat- gaged in computer modeling of a nu- disregard the international community eral sanctions regime because such a clear explosive. Iran even set up orga- and the U.N. Security Council. move would have little support in the nizations specifically dedicated to nu- Since the announcement of the international community for such a clear weapons activity. It is not hard JCPOA, the Treasury Department has small and transient infraction and to connect those dots, and the IAEA taken steps to target Iran’s malign ac- could be perceived as an overreaction. did. That agency found that Iran en- tivity in the region. In November, the But inaction is not an option either. In gaged in efforts to demolish, remove, Treasury Department designated three coordination with our allies, we must and refurbish facilities related to test- Hezbollah procurement agents and four develop a menu of responses that allow ing nuclear weapons components. Its companies in Lebanon, China, and us to respond quickly and precisely to government also offered misleading ex- Hong Kong for purchasing dual-use minor violations of the deal because planations of its past nuclear behavior. technology on behalf of Hezbollah. there are no real minor violations of It is equally important to note what These sanctions followed actions in the deal. Otherwise Iran will little by the IAEA did not find. Iran’s weapons July against three senior Hezbollah little eat away at the constraints of program didn’t advance beyond an ex- military officials in Syria and Lebanon this agreement, and our deterrence and ploratory stage. The IAEA found no in- who were providing military support to credibility will collapse. dication there was a whole undeclared the Syrian regime and an additional In addition to deploying sanctions nuclear fuel cycle in Iran or that Iran Hezbollah procurement agent who more effectively and ratcheting them held significant amounts of undeclared served as the point person for the pro- up as necessary, the international com- uranium. curement and transshipment of weap- munity must also increase our efforts Despite the ambiguous nature of this ons and materials for the group and its to push back against Iran’s malign ac- report, I think the take-away is clear: Syrian partners for at least 15 years. tivity in the Middle East. More specifi- Iran’s nuclear weapons-related activi- These designations also follow Treas- cally, we have to enhance our cam- ties and its sustained determination to ury’s actions during negotiations over paign of interdicting Iranian weapons hide and obfuscate its behavior rein- the JCPOA when the Department uti- shipments and support to its proxies in force our justifications for ongoing dis- lized multiple authorities and sanc- Syria, Yemen, and Lebanon. Iran sends trust of the Iranian Government and tioned more than 100 Iranians and Iran- illicit arms shipments to terrorist for the strict monitoring and verifica- linked persons and entities, including groups such as Hamas, Hezbollah, and tion of the components of the nuclear more than 40 under its ongoing ter- the Houthis who pass through inter- deal. rorism sanction authorities. national waters, and under both domes- My colleagues and I have access to In November, Treasury also partici- tic and international law, the United classified material, meaning we know pated in the U.S.-Gulf Cooperation States maintains its authority to dis- more than is publicly known about the Council Working Group on Iran, rupt these shipments. We must use extent and direction of the nuclear through which participants discussed that authority to act and to dem- weapons program in Iran. But the our joint efforts to counter Iran’s sup- onstrate our will. We must use that au- IAEA report is important because it es- port for Hezbollah, for the Assad re- thority to work with our partners in tablishes a baseline for Iran’s program, gime, and for other militant proxies in the region and our allies around the for our assessment of their breakout the region. That working group con- world to increase the tempo and scope time, and for our knowledge of how far tinues to improve information sharing of our interdiction efforts. Successful they have gotten in weaponization. and cooperation to take joint actions interdiction efforts not only get deadly Knowledge of these efforts is critical to targeting Iran’s support for terrorism weapons out of the hands of terrorists our future enforcement of this deal. and its other destabilizing activities in but also deter Iran and undermine its The IAEA report also reaffirms that the region and around the world. proxies throughout the Middle East. as implementation of the deal moves In early December, Saudi Arabia We know we can be successful in this forward, the international community agreed to designate 12 Hezbollah offi- aspect of our enforcement because the must continue to seek and consider in- cials for terrorism, further disrupting administration has already success- formation about Iran’s past nuclear ac- their ability to raise and move funds fully disrupted Iranian weapons ship- tivity. In my view, the IAEA must around the gulf. ments in recent months. Although maintain its ability to continue re- Implementing this agreement suc- many of us have been briefed in a clas- viewing any new information related to cessfully will demand that we continue sified setting about encouraging devel- Iran’s past nuclear weapons program, to develop discrete, clear, and public opments in this area, I think it is im- and we have to continue to assertively responses to minor Iranian violations portant that we have at least one ex- investigate any new accusations of Ira- of the agreement. My view on this was ample that we can share with our col- nian covert activity or malfeasance. shaped in no small part by advice I got leagues and the world.

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.004 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8652 CONGRESSIONAL RECORD — SENATE December 15, 2015 Please take a look at this picture to nified just the beginning. And we must The United States has a very quali- my left. In September, a raid off the think strategically about the Middle fied and capable leader in the enforce- coast of Yemen seized a large cache of East, which critically includes Iran as ment of sanctions in Adam Szubin, who Iranian arms destined for the Houthi the central promoter of terrorism and oversees the current imposition and en- rebels who seek to undermine the le- source of destabilizing action in the re- forcement of sanctions at the Depart- gitimate Yemeni Government. This gion. ment of Treasury. Mr. Szubin worked massive weapons shipment included a We must redouble our efforts to fol- under the Bush administration and whole series of the component parts of low through on the most rigorous en- under the Obama administration. He is sophisticated TOW missiles, including forcement of the JCPOA or face ter- a dedicated, capable, seasoned career 56 tube-launched, optically tracked, rible consequences. We have to scruti- professional who has been widely com- wire-guided TOW missiles and the asso- nize Iranian actions ever more closely plimented on a bipartisan basis by ciated sights, mounts, tubes, battery for signs it is reneging on its commit- members of the Banking Committee sets, launcher assemblies, guidance ments. This JCPOA is set to last in and the Foreign Relations Committee systems, battery assemblies, and near- principle for 15 years but in some terms on which I serve. He has been nomi- ly 20 other sophisticated anti-tank indefinitely. Congress must not waiv- nated to be the new Under Secretary of weapons. I commend the administra- er—not for 1 day—in our oversight of Treasury for Terrorism Financing—a tion for these efforts and for this suc- the implementation of this agreement. position critical to the successful en- Whether my colleagues supported or cessful interdiction in international forcement of the JCPOA—but his nomi- opposed the deal, we should put our dif- waters, but we cannot stop there. nation has been on hold for months for Every month while Iran negotiates ferences about that aside and focus on no clear and publicly stated reason. with the international community enforcement. The deal is designed to Adam Szubin’s nomination is one of with one hand, with the other hand it deter Iran from evading or cheating on more than two dozen national security- has been sending millions of dollars’ the deal while also countering Iranian related nominations, including Tom bad activity in the region. That is why worth of weapons to the murderous Shannon, nominated to be the Under I worked with a group of my colleagues Assad regime in Syria, to Hezbollah in Secretary of Political Affairs at the to introduce the Iran Policy Oversight Lebanon, and to the Houthis in Yemen. State Department. Tom Shannon is a Act in September. This bill, cospon- We must not stand by while Iran con- career Foreign Service officer and a de- sored by supporters and opponents of tinues to spread its terror and desta- termined, dedicated, nonpartisan pro- the JCPOA, helps ensure the United bilize this region. Nor is it sufficient fessional who also would play a critical States aggressively enforces the terms simply to increase our interdiction ef- role in working with our allies and en- of the nuclear deal. The Iran Policy forts. We must publicize these efforts suring successful enforcement of this Oversight Act also provides support for agreement. when successful. our friends in the Middle East, most Adam Szubin, Tom Shannon, and When an American smalltown sheriff centrally our vital and steadfast ally, nearly two dozen other nominees have pulls off a successful drug bust, we bet- Israel. been blocked, seemingly for purely par- ter believe that sheriff is going to hold I am pleased to hear the administra- tisan reasons in this Senate. I call on a press conference and put on the table tion is working on negotiating a new my colleagues to release their holds the drugs and guns taken off the 10-year memorandum of understanding and to give the administration the re- streets. Actions like that send a simple for Israel’s security, and I am pleased sources and the personnel it needs to signal to those who engage in the drug to hear that its assistance will con- do its job in enforcing this difficult trade that there is a sheriff in town tinue to grow to ensure Israel main- deal. who is actually going after bad actors tains its qualitative military edge. The Senate’s commitment to over- and who isn’t going to tolerate this de- In recent weeks, I have also had the seeing and enforcing the terms of this stabilizing and illegal activity. chance to discuss the Iranian deal and deal must go beyond simply doing our I think the American people and the our intention to continue to enforce job and giving the President’s nomi- international community need to know the sanctions that remain on the books nees an up-or-down vote. We have to do about Iran’s bad behavior and our will- and to interdict and to push back more. I stand ready to work with this ingness to take effective actions to against Iran’s destabilizing regional ac- President and the next one to fully push back. Just as importantly, Iran tivities. When I was in Paris at the oversee the JCPOA. The length of this needs to know that the international global climate conference, I had the agreement will transcend Presidential community remains serious about chance to discuss this issue with terms, and implementing it should cracking down on its illegal arms ship- French Government officials and busi- transcend politics as well. ments and its promotion of terror. ness leaders. I will continue these ef- We know Iran will seek every oppor- I am committed and I am willing and forts in early January when I will trav- tunity to push the limits of this deal in ready to help the administration in- el with seven other Senators to the an attempt to test our resolve. We crease its interdiction efforts in any Middle East and to Europe to discuss must not let Iran relitigate the terms way I can. A shared commitment to our progress implementing this nuclear of the deal and escape the boundaries this from my colleagues—a shared deal and the challenges that remain. of this deal and lay the groundwork for focus on this from my colleagues—is I commend President Obama and his its future development of a nuclear especially important today when many administration for engaging with Con- weapon. We must deter them by hold- members of the administration and the gress during the debate over the Iran ing them accountable. American people are understandably agreement and in the months since it When this President or a future focused elsewhere: on our Presidential took effect, but I urge the administra- President, Republican or Democrat, election next year, on the global ref- tion not to lose focus and to work with successfully enforces this deal, I will be ugee crisis, and on recent terrorist at- this Congress in the months ahead to the first one to compliment them for tacks and the conflict with ISIS. ensure strict enforcement of the agree- countering Iran’s destabilizing activity These are busy times. As the holi- ment. in the region. And when the adminis- days approach and as Congress nears a But we in Congress have our part to tration, current or future, isn’t ac- massive budget deal, I see my col- do here as well, not the least of which tively and vigorously enforcing this leagues and my constituents focusing is making sure the executive branch deal and pushing back on Iran, I will be less and less on Iran, but we must has capable and effective officials, the first to ask—to demand—that it do maintain our focus for the months and which is a crucial part of effective im- more. years to come. Given the 24/7 news plementation. In recent months, not The Iranian Government is paying cycle and the media’s incessant focus only has the Senate not done its job, close attention to everything we do, on the crisis of the moment, we will be but this Chamber’s inaction and our and I, for one, am determined to make tempted to turn our attention else- apparent focus instead on Presidential sure that Congress, the administration, where. politics means we are increasingly and the American people are doing the Adoption day was not the end of the making this Chamber less relevant in same, to demonstrate to Iran our de- agreement with Iran. In fact, it sig- American foreign policy. termination and our will to deter them

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.006 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8653 and to closely and vigorously enforce how to communicate an important most of the people you will find in this this difficult deal. message, I referred them to Boyd, as- town—or in any town, for that mat- Thank you, Mr. President. suring them with great confidence that ter—in the best and most admirable With that, I yield the floor. this was a man who had an uncanny ways imaginable, Boyd didn’t ascend to I suggest the absence of a quorum. ability not only to say the right things his post by working his way up Wash- The PRESIDING OFFICER. The but also to say them in just the right ington’s political pecking order, biding clerk will call the roll. way. his time until it was his turn. No, he The senior assistant legislative clerk For that very reason, when I began spent the bulk of his career—which, I proceeded to call the roll. considering running for the Senate, would add, is just still getting start- Mr. LEE. Mr. President, I ask unani- Boyd was one of the very first people I ed—outside of politics, starting and mous consent that the order for the called. As one who had never pre- running his own businesses to serve quorum call be rescinded. viously sought or held public office, I others and to create true value in soci- The PRESIDING OFFICER (Mr. CAS- knew that the odds were highly ety, and he began doing this at a very SIDY). Without objection, it is so or- stacked against me, to put it mildly. early age. In high school, Boyd ran dered. With an instinctive trust in his judg- sports camps where he taught kids in f ment, I understood that I would need his community the fundamentals of Boyd’s help in order to have any plau- how to succeed on the field, on the TRIBUTE TO BOYD MATHESON sible chance of winning. court, and in life. This has been the Mr. LEE. Mr. President, I rise today I still remember the first of what Boyd Matheson business model ever to pay tribute, bid farewell, and, coin- would be countless conversations that since he was in high school and started cidentally, to wish a 1-day belated would take place over the next few his first business—inspiring, teaching, birthday to a truly extraordinary gen- months. I was on my way home from and helping those around him to suc- tleman from Cedar Hills, UT, who is a work late one evening when I placed ceed, though his target audience has dear friend, a trusted partner, and one the call. I wasn’t sure whether he changed over time from youth athletes of the finest human beings I have ever would tell me I was out of my mind or to business executives, foreign dig- known. For nearly 4 years, Boyd whether he would provide encourage- nitaries, long-shot political candidates, Matheson has served my Senate staff ment, nor was I even sure which answer and eventually, thankfully, this Sen- ably and honorably, first as State di- I would prefer. Nevertheless, I knew, ator from Utah. rector and then for the last 3 years as regardless of his response, that I should Boyd agreed to join my campaign not chief of staff. He has served with spe- listen carefully to his assessment of because he had any political aspira- cial distinction on Team Lee, so much my ideas. tions or ambitions of his own; he just so that as far as my staff and I are con- To his credit, and consistent with his wanted to make a difference. He knew cerned, we are all on Team Boyd. I can thoughtful, careful approach, he didn’t that our country was headed down the say with confidence and a great deal of give me a definitive answer imme- wrong track and that his fellow Utahns gratitude that without Boyd Matheson diately. Instead, he asked for time to and Americans in every State were fac- I would not be here today. think about it, suggesting that we con- ing challenging times ahead. He want- I first met Boyd about 12 years ago tinue to visit periodically over the next ed to help however he could, but it when he and his wife Debbie and their few months, and this we did. In due wasn’t until he had spent a year criss- five children moved into my neighbor- time, we both came to the same con- crossing the State and the country hood. They had just returned to Utah clusion. with my campaign that Boyd realized When I entered my Senate race in after spending more than a decade out- the magnitude of the economic and so- 2010, I asked Boyd to serve as my com- side the State and in places as far away cial challenges facing the United munications director. I knew that his as Australia while Boyd was building States. He met countless families and distinctive vision for the future, his his successful consulting business. I hardworking Americans anxious about commitment to positive reform, and could tell right away that Boyd felt at their country’s future and struggling home in Utah, as well he should. After his unparalleled gifts for communica- tion would provide my campaign with just to keep up. He visited far too all, the State was settled by Boyd’s an- many isolated, forgotten communities cestors, who came to Utah in the 1850s the direction, clarity of purpose, and optimism it would need to have any that were stuck in poverty with few op- in search of a place where they could chance of success. portunities and even fewer reasons for worship, believe, and live as they saw I was right. Boyd was the perfect hope. And he got a glimpse into the po- fit without fear of persecution. man for the job. He proved to be indis- litical dysfunction plaguing and, at the While Boyd’s ancestors helped settle pensable to the campaign, quickly same time, perversely enriching Wash- the State in the 19th century, his par- earning an appropriate and very de- ington, DC. ents, who raised an impressive 11 chil- scriptive nickname. We often referred By the end of the campaign, I could dren, helped populate our State in the to him not simply as Boyd but by his tell that Boyd knew the road to eco- 20th century. I soon got to know Boyd, longer and appropriate nickname, nomic recovery and social revival in who was active in many of the same ec- which was ‘‘Boyd to the rescue.’’ America would be long and arduous, clesiastical and political causes in You see, just weeks into the cam- but I also knew he cared enough about which I was involved, and I was imme- paign my wife Sharon christened him his family, his community, his State, diately struck by his masterful com- ‘‘Boyd to the rescue’’ because she no- and his country that he would do just mand of the . Boyd ticed that he could solve just about about anything to be part of the solu- wasn’t given to excessive speech, but any problem, that his calming reassur- tion. So when Boyd decided not to pur- when he spoke people listened. I no- ance had a positive effect on everyone sue a job on Capitol Hill after the cam- ticed that everything Boyd said was at around him, and that somehow things paign, deep down I knew that, God will- once profound, disarming, inviting, just went more smoothly when he was ing, he would be back. persuasive, and informative—a rare around. Thankfully, God was willing and so combination. Not much has changed With Boyd’s help I was elected in No- was Boyd. If my first year in the Sen- since then. To this day, listening to vember 2010. Then, when it was all over ate taught me anything, it was that I Boyd speak is an uplifting experience and I made plans to transition to needed Boyd Matheson’s help to sur- for all who are fortunate enough to be Washington, I invited him to join my vive in Washington. So on December 5, present. Senate staff. While disappointed, I was 2011, as my first year in office was com- Although it would be several more not surprised that he opted to remain ing to a close, I decided to call him and years before I got to know Boyd very in Utah, returning to his career as a ask him to take a job as my State di- well, I quickly identified him as some- businessman and a consultant, a career rector. Here again, I wasn’t sure what one whose opinion mattered to me and which I had rather rudely interrupted a his answer would be, but I knew I need- to others and whose skills as a commu- year earlier. ed to ask. It was an offer I hoped he nicator I deeply admired. Whenever You see, Boyd is not your typical might accept. Not only had I given him anyone I knew was in need of advice on chief of staff. Indeed, he is very unlike ample time to forget about all the late

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.007 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8654 CONGRESSIONAL RECORD — SENATE December 15, 2015 nights and early mornings of the cam- Considering how hard he works to COMBATING ANTI-SEMITISM, RAC- paign, but the job I was offering him help others, many of us who know and ISM, AND OTHER FORMS OF IN- would allow him to stay in Utah most work with him often ask: Does this TOLERANCE of the time, at least for the time being. man ever sleep? Mr. CARDIN. Mr. President, I have In the end, it was providence that This, in turn, has sparked a number had the honor of being the ranking sealed the deal. When I called Boyd to of half-joking suggestions among my Democrat for the U.S. Senate on the offer him the job, I was at the airport staff that Boyd Matheson is actually a Helsinki Commission. I work with Sen- in Salt Lake City traveling back to vampire, one who survives on Diet ator WICKER, who is the Senate chair- Washington after a weekend at home Coke rather than blood and rarely, if man of the Helsinki Commission. The with my family. After a few minutes of ever, sleeps. When we ask him whether two of us have worked very hard on small talk and catching up on the he will ever take the rest that he needs many issues. phone, Boyd asked me where I was at and most certainly deserves, he relies As I am sure everyone here knows, the moment. I told him I was at the on a well-worn response, saying, ‘‘I the Helsinki Commission is the imple- airport. have promises to keep, and miles to go menting arm for U.S. participation in ‘‘Me too,’’ he said, adding that he was before I sleep.’’ The literary world rec- the Organization for Security and Co- on his way to Bangkok. ‘‘Which air- ognizes these as the words of Robert operation in Europe—the OSCE. It is port?’’ Frost, but my family, my staff, and I probably best known for its human ‘‘Salt Lake City,’’ I replied. will always attribute them to Boyd. By rights basket. It does deal with secu- ‘‘Me too,’’ said Boyd. ‘‘Which con- word and by deed, he made these words rity, military security. It does deal course,’’ he asked. his anthem. with economic and environmental se- ‘‘D,’’ I said. curity. But I think it is best known for ‘‘Me too,’’ Boyd repeated again. Needless to say, Boyd has kept his its human rights and the impact ‘‘Which gate,’’ Boyd asked, as we both promises and has more than earned his human rights have on the security of started looking around the crowded right to sleep. Yet, somehow, knowing Boyd as I do, I doubt he will hold still the OSCE region. terminal. In March of this year, the president Before I could respond, we had both for long. Boyd Matheson at his core is a passionate reformer. He is exactly of the Parliamentary Assembly of the spotted each other sitting with only a Organization for Security and Coopera- the kind of reformer with exactly the few chairs between us in the waiting tion in Europe, Mr. Ilkka Kanerva, ap- kind of courage and convictions that area adjacent to gate 6. pointed me to serve as the assembly’s We continued the conversation in are so badly needed but too often in first special representative on anti- gate D–6 in person and then via text short supply here in Washington. Semitism, racism, and intolerance. message once we boarded our respec- Boyd is, in the words of essayist Wil- Since that time, I have focused my tive flights—mine to Washington and liam George Jordan, one of the reform- work on the urgent issue of anti-Semi- Boyd’s to Thailand. Eventually he ac- ers of the world: tism and community security, anti- cepted the offer, convinced that our . . . its men of mighty purpose. They are Muslim bigotry, and discriminatory po- chance encounter in the airport that men with courage of individual convictions, licing. So let me share with my col- day was, as his wife Debbie would later men who dare run counter to the criticism of leagues the work I have done this year inferiors, men who voluntarily bear crosses put it, an ‘‘inspired connection.’’ on behalf of the OSCE Parliamentary It was inspired, indeed, but the con- for what they accept as right, even without the guarantee of a crown. They are men who Assembly and on behalf of all Members nection was not just between Boyd and of the Senate. me; it was a connection between a man gladly go down into the depths of silence, darkness, and oblivion, but only to emerge My appointment came after horrific and his moment, between Boyd and the finally like divers—with pearls in their back-to-back terrorist attacks in Paris countless people whose lives have been hands. and Copenhagen in January and Feb- forever changed because of his faithful Ask Boyd what pearls he has found in ruary. In both instances, Jewish insti- service over the last 4 years. And no Washington and he will tell you, with- tutions were targeted—a kosher super- one has been more blessed than I have. out pause or hesitation, ‘‘the people.’’ market in Paris and a synagogue in Co- Boyd has been my constant ally, spir- penhagen. In both instances, some itual coach, advocate, speaking surro- It is the people he will miss the most, which is exactly the kind of answer symbol associated with free speech was gate, and friend. In addition to his also attacked. In Paris, a murderous many skills and attributes, so many of you would expect from Boyd—a man who genuinely cares about people. No rampage was unleashed against the which are well-known to anyone who French satirical magazine Charlie has interacted with my office, Boyd matter who you are or how your path happened to cross with his, Boyd lis- Hebdo. In Copenhagen, a conference on possesses a deep and genuine concern free speech, where a Danish cartoonist tens to and learns from you, he inspires for others. Coupled with his freakishly was among the speakers, was attacked. and teaches you, and he always sees intuitive sixth sense, this makes Boyd I subsequently visited both cities, the best in everyone, challenging each the consummate friend and indispen- along with Senator WICKER and Rep- of us to do the same. sable teammate. resentative ADERHOLT, fellow members For reasons I don’t entirely under- I am most fortunate to know Boyd of the Helsinki Commission. Following stand but appreciate more than he can Matheson and to call him my friend. I our trip, I authored Senate provisions possibly know, Boyd has the extraor- am most thankful for his sacrifice and to increase State Department funding dinary ability to know when, where, that of his wife Debbie and their five to combat anti-Semitism and other and how he is most needed long before children, who have seen on so many oc- forms of discrimination in Europe and anyone else does, long before the per- casions the sacrifice of this great man cosponsored Senator MENENDEZ’s reso- son who needs him knows. in the service to me, to my staff, and lution on anti-Semitism. That resolu- Years ago I lost track of how many to others. The people of Washington, tion supports national strategies to times Boyd had sensed that I was wor- DC, are going to miss Boyd Matheson, combat and monitor anti-Semitism ried about something and then he im- and the people of the great State of and hate crimes, including training law mediately called or texted—invariably Utah will be lucky to have him back. enforcement and collecting relevant with exactly the right words that ad- I yield the floor. data. I am pleased that our State De- dressed my concerns. I suggest the absence of a quorum. partment has advanced many of the ef- This, of course, is not part of the The PRESIDING OFFICER. The forts outlined in these legislative pro- chief of staff job description in my of- clerk will call the roll. visions through OSCE and civil society fice; it is just what Boyd does, not only The legislative clerk proceeded to initiatives. for me but for everyone he knows. I call the roll. I have also focused on the problem of can’t count the number of times he has Mr. CARDIN. Mr. President, I ask discriminatory policing. This summer, stepped in to help me, my family, and unanimous consent that the order for Hungary’s Commissioner for Funda- my staff in moments of need without the quorum call be rescinded. mental Rights issued an important re- having been asked and often at great The PRESIDING OFFICER. Without port on community policing in Hun- personal sacrifice. objection, it is so ordered. gary’s second largest city, Miskolc. He

VerDate Sep 11 2014 02:07 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.012 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8655 concluded that police had participated center. That cannot be tolerated in our Islam is also not new to Europe. Eu- in mass, raid-like joint controls, exe- country. A number of mosques have re- rope’s own historic relationship with cuted with local government authori- ported receiving death threats or mes- the rest of the globe has set the stage ties, public utility providers, and other sages of hate. A pig’s head was thrown for ties that have long served as the public institutions, without explicit at a Philadelphia mosque, shots were backbone of prosperity for the Western legal authorization and predominantly fired at a mosque in Connecticut, and a world. Europeans have created a pres- in segregated areas inhabited mostly fake bomb was left at a Virginia ence throughout the world—and that is by Roma. In short, police targeted mosque not far from where we are here a two-way street. Many countries in Roma for harassment, fines, and daily today in the U.S. Capitol. the OSCE region, including our own, indignities. I disagree in the most emphatic way therefore have a learned history of in- For those of us who listened to Attor- possible with those who would have us tegration that can be useful in address- ney General Holder present the Depart- call for excluding people from this ing the increasing diversity stemming ment of Justice’s report on Ferguson country based on their faith, and lim- from the refugee crisis and changing last March, the Hungarian Commis- iting political participation based on demographics. sioner’s report has the feeling of deja religion. That is not who we are. Those Given the conflicts that have forced vu—many differences, to be sure, but are not our values. mass displacement and migration, we similar in that critical community The images of Jewish refugees on SS should support long-term inclusion and confidence in law enforcement has been St. Louis turned away, port after port, integration efforts at the national, re- abused and damaged. many of whom ultimately perished in gional, and local level throughout the I have sought to address these issues death camps, and the image of Amer- OSCE region—especially with the lead- with several pieces of legislation, in- ican citizens, including children, im- ers of humanitarian efforts for Syrian cluding S. 1056, the End Racial prisoned in internment camps solely and other refugees—such as what is Profiling Act; S. 1610, officially named because of their race, are dark corners being done today in Turkey, Germany, the BALTIMORE Act, Building and of our own history. We must be careful Sweden, Austria, and OSCE partner Lifting Trust in Order to Multiply Op- not to retread that path. It is one rea- states such as Jordan and Lebanon. portunities in Racial Equality, and S. son I question those who describe ter- They are taking on tremendous bur- 2168, the Law Enforcement Trust and rorism as a Muslim problem. Such dens for the refugees because they Integrity Act. Among other provisions, statements prevent our communities know it is the right thing to do. They these laws would ban racial profiling from working together against a com- need partners, including the United by State and local law enforcement, es- mon threat. The slaughter of school- States. tablish mandatory data collection and children in Columbine, the massacre of The successful integration of immi- reporting, and address the issues of po- churchgoers in Charleston, and the grants and refugees—including access lice accountability and building trust Oklahoma City bombings were not to quality housing, education, employ- between police departments and com- White problems just because the per- ment, and public services—facilitates munities by providing incentives for petrators were White; neither should meaningful intellectual, economic, and local police organizations to volun- the attacks in Paris and San other contributions of migrants and tarily adopt performance-based stand- Bernardino be distilled as Muslim prob- refugees that are especially critical for ards to reduce misconduct. lems. children. These are areas in which our In the OSCE, where discriminatory Radicalization is a very real problem nations should exchange experts and policing issues have been documented that currently tries to exploit the Mus- information. from the United Kingdom and France lim community, but it is our problem— Earlier this year, I introduced provi- to Russia, I have urged the chair-in-of- Muslims Jews, Christians, Whites, sions in the Senate for a Joint Action fice to hold a high-level meeting on Latinos, Blacks, all Americans—to all Plan between the United States and the European Union to formulize and racism and xenophobia focused on con- come together to solve this problem. coordinate public and private sector crete action. When I see the young people who en- Following the most recent tragedies gaged in these horrible acts, I question anti-discrimination and inclusion ef- in Paris and San Bernardino, there has why they were susceptible to such forts. We need diverse coalitions work- been a backlash of hatred directed great untruths that would allow them ing together to address the momentous against the asylum seekers, immi- to harm themselves and others. No threats we face today. This includes grants, and Muslims in many OSCE family should have to lose their moth- leading by example by providing fac- countries, often fueled by populist or er, son, or cousin to mass shootings. No tual information about refugees and immigrants and publicly addressing extremist parties, such as Le Pen in family should have to live with the fear narratives of hate. It is in that spirit France, UKIP in Great Britain, the that their loved ones were the per- that I will continue to work with other True Finns in Finland, Swedish Demo- petrators of mass violence. We must parliamentarians and with the admin- crats, Austrian Freedom Party, or work together to guard against such istration to combat anti-Semitism, Golden Dawn in Greece. Worse still, ideologies that would steal our young racism, and other forms of intolerance this kind of xenophobia bleeds into the people from us. in the United States and elsewhere in discourse of mainstream parties. As Given that the United States is his- the OSCE region. I will do that as the such, I will add an increased focus on torically a nation built upon immigra- special representative of the OSCE prejudice and discrimination linked tion and the tenets of religious free- Parliamentary Assembly, and I will do dom, Americans have long lived along- with the migration and refugee crisis that as a U.S. Senator. to my priorities. side others and have seen people of dif- Mr. President, I yield the floor. In addition to focusing on anti-Semi- ferent faiths live together in peace. The PRESIDING OFFICER. The Sen- tism and discriminatory policing and Muslims have lived in America since ator from Wyoming. the anti-Muslim backlash, I will also the colonial days and served under the look at the protection of migrants and command of George Washington. There f refugees, as that is becoming an area of are an estimated 5,900 Muslims who PARIS CLIMATE CHANGE AGREE- discrimination that is troubling in the currently serve in our armed services MENT AND SENATE ACCOM- OSCE region—including in our own defending our country and our way of PLISHMENTS country of the United States. I am par- life. When the Supreme Court ruled Mr. BARRASSO. Mr. President, over ticularly troubled by the spike in vio- this summer in favor of a young Mus- the weekend, countries meeting in lence in our own country directed at lim woman who allegedly suffered em- Paris signed a broad new climate houses of worship and community cen- ployment discrimination because of agreement. President Obama called the ters—fueled by escalating anti-Muslim her head scarf, Justice Scalia an- agreement a success. He said it was a discourse. In Palm Beach, FL, vandals nounced the 8-to-1 decision, noting, ‘‘strong agreement.’’ broke all the windows at the Islamic ‘‘This is really easy.’’ Neither immi- Despite the fanfare, let’s keep some Center, ransacked the prayer room, grants nor Muslims are new to our things in perspective. There are impor- and left bloody stains throughout the shores. tant parts of this agreement that can

VerDate Sep 11 2014 02:07 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.015 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8656 CONGRESSIONAL RECORD — SENATE December 15, 2015 do a great deal of damage to American icy committee said the same thing re- pealing ObamaCare to ease Americans’ jobs and the American economy. That cently. They pointed out that the pain under this law. We passed a meas- should be and is a big concern to the House and Senate have both made im- ure on the Keystone XL Pipeline to American people. Parts of the agree- portant progress this year. They said: create jobs, energy security, and eco- ment can do damage to our jobs and ‘‘Both chambers have reinvigorated a nomic growth, and we put that bill on our economy. At the same time, impor- robust committee process.’’ the President’s desk to force him to fi- tant parts are not binding on other Getting committees back to work is nally make a decision. countries. The American people are essential to getting Congress back to We challenged President Obama’s right to wonder if the White House has work, and that is what Republicans job-crushing energy regulations by vot- signed yet another terrible deal just to have done this year. So far this year, ing to block his power plan and his dev- try to shore up the President’s legacy. the total number of days worked is up astating rules on waters of the United Earlier this year, President Obama from last year by almost an additional States. I wish to point out, looking at was so anxious, so desperate to get a 3 weeks of work on the Senate floor. a headline from yesterday’s New York deal with Iran over its nuclear program This is in comparison to when HARRY Times, that EPA broke the law with that the President signed a terrible REID was in charge. We have been con- regard to pushing their water rule. The deal. Since then, the International sidering a lot more amendments this EPA broke the law, which is this issue Atomic Energy Agency said that Iran year as well. For all of last year, there of this whole waters of the United has ‘‘seriously undermined’’ the agen- were only 15 up-and-down votes on States. The EPA must be held account- cy’s ability to verify what Iran has amendments—15 for the entire year. So able—accountable for breaking the law, done. Here we are again. It is another far this year, we have voted on over 200 accountable for misuse of government bad deal, and other countries that amendments. These are amendments funds. We will hold this administration signed it are already ignoring it. both by Democrats and Republicans. accountable. India is the world’s third largest These are opportunities for individual Of course we also oppose the Presi- emitter of carbon. The agreement was Senators to stand up, offer their ideas, dent’s nuclear deal with Iran. We have on Saturday. This agreement tied plans and be heard—ideas that they think shown the American people we can get to meet their emissions targets to get- will make America better, make legis- things done, and there is a viable alter- ting U.S. taxpayer dollars. Then on lation better, not just what the leader native to the reckless policies coming Monday—just yesterday—India said it of the party wants, Senator REID, who out of the White House. has plans to double its coal output by blocked so many amendments—not Looking back on what we have been 2020. Is that what President Obama just what Senator REID might think is able to do this year, I think there is calls, in his mind, a success? best for the President, no; what the real reason for optimism. The Senate A Gallup poll came out yesterday American people think is important. doesn’t need to be the place of gridlock that showed that the American peo- So when you look into the substance that it had become under HARRY REID. ple’s biggest concern is not climate of what we have done, the news is even In 2016 the Senate will be taking more change; it is terrorism. Only 3 percent better for the American people. So far votes on important legislation and on of all Americans said that pollution or this year we passed major legislation amendments. There will be more de- the environment was the most impor- that has been helping Americans all bates, more consideration of ideas from tant problem facing America today. across the country. We passed an im- both sides of the aisle. That is what the President Obama says climate portant law on Medicare to make much American people have sent us to do. change is our biggest threat. President needed reforms and to reauthorize the That is what they expect from us. The Obama continues to put a priority on Children’s Health Insurance Program. American people have seen it is pos- things that he expects to help his leg- We passed the first multiyear highway sible to govern and that not everything acy, not on the issues the American bill since 2005. We passed the longest in Washington is broken. It takes lead- public actually are concerned about. As reauthorization of the highway trust ers who are committed to getting elected representatives, we should not fund in almost a decade. things done and committed to looking allow the President to buy a legacy for These aren’t just short-term patches out for the best interests of the Amer- himself using American taxpayer dol- for a few months or a year. That is ican people. lars. I am willing to sit down with any what happened when the Democrats This is the end of the year, but it is Democrat who wants to work on a real- were in charge. These are long-term not the end of this Congress. It is not istic, responsible, and achievable plan fixes that create the certainty and the the end of what the Senate can do to to make American energy as clean as stability our economy needs. This year make the lives of the American people we can, as fast as we can, without rais- the Senate passed the most significant better. We have done a lot. There is ing costs on American families. That education reform since 2002. We passed still a lot of work to be done over the should be our goal: coming together to an important human trafficking law. next month and the next year. We will find a real solution, real-world solu- We passed a budget. Can you imagine continue to work to relieve the burden tions, things that work, not just sign- that? There hasn’t been a budget and the expense of excess government ing a symbolic agreement that does not passed in both Houses of Congress since regulations, to reduce the power of solve anything, something that may 2009. We passed one this year. unelected, unaccountable Washington make the President feel good but As chairman of the Indian Affairs bureaucrats, and to return to the doesn’t actually do good. Committee, I can tell you that we have States and to the people more of the Democrats and Republicans in the made a lot of progress this year on leg- control that belongs to them. The goal Senate can do it. Just look at all we islation to improve the lives of people is to give people at home the power to have accomplished this year working across Indian Country. We passed a make their own decisions about what is together. It has been a very productive measure that will help make crucial best for them, their communities, and year in the Senate. I am not the only and long overdue improvements on their families. one saying it. Last Wednesday, U.S. roads on tribal lands. Last week we Mr. President, I yield the floor. News & World Report said: ‘‘There’s passed legislation that helps give tribes The PRESIDING OFFICER (Mr. reason for optimism on Capitol Hill more economic opportunities. It gives ROUNDS). The Senator from New Mex- ahead of a looming deadline to pass a them more control over developing ico. trillion-dollar omnibus funding meas- their natural resources. f ure.’’ The magazine asked: ‘‘What is be- Republicans are eager to work with hind it?’’ Well, they said: ‘‘After years Democrats and to produce legislation NOMINATION OF ROBERTA of partisan gridlock, Congress has the President will sign. We are proud of JACOBSON seemingly regained its ability to get the accomplishments of this year. At Mr. UDALL. Mr. President, I rise to things done.’’ the same time, we are not afraid to urge consideration of the President’s After years of partisan gridlock, Con- challenge President Obama’s most mis- nominee for Ambassador to Mexico. I gress has seemingly regained its ability guided and dangerous policies. That is do so for two simple reasons: One, this to get things done. The bipartisan pol- why the Senate passed legislation re- is a critical position, vacant since

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.016 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8657 July, and, two, Roberta Jacobson is cause it is crunch time and because we nominees, yet he chooses not to. We highly qualified for this position. Her do need to get this done. changed the Senate rules to allow a nomination deserves our attention. I What is holding up her nomination? majority vote, but that does no good if do so as a Senator from a border State It isn’t her qualifications. It isn’t con- they remain blocked. That is what is and as a Senator who believes we have cerns about how she would be able to happening in this Congress. The line a constitutional duty to advise and carry out her duties as Ambassador. gets longer and longer of perfectly consent. The problem is rooted in something qualified nominees who are denied a We have a distinguished candidate else—something that should have no vote and are unable to serve. ready to serve. We have strong support bearing on whether she is confirmed: So I am not sure who wins here, but for her on both sides of the aisle. What Presidential politics and policy dif- I know who loses. The losers are the we need is an up-or-down vote. The ferences with the administration over American people. The losers are the L.A. Times has called Roberta her work on Cuba. men and women who cannot get a day Jacobson ‘‘among the most qualified This year, the world celebrated the in court, because there is no judge to people ever to be tapped to represent reopening of diplomatic relations be- hear their case. the U.S. in Mexico.’’ tween the United States and Cuba. As The losers are American citizens, She has impressive experience, in- the Assistant Secretary for the West- businesses, and workers who rely on cluding important work on the Merida ern Hemisphere, Roberta helped nego- our embassies and other public serv- Initiative, fighting drug trafficking tiate this shift. We have begun a 21st ants. The room is empty, and the work and organized crime in Mexico. She has century relationship with Cuba—one I is not done—all because one Senator served ably as State Department As- am convinced will bring freedom and says no, and the majority leader says sistant Secretary for the Western openness. I congratulate the President OK. Hemisphere, working to improve rela- for leading this historic change. Nominees should be judged on their tions in our hemisphere and to engage A few Senators disagree with his merits, not on feelings about a Presi- Cuba—opening opportunities for Amer- Cuba policy, and so they are blocking dent someone may not like or a policy icans after over 50 years of a failed U.S. Roberta Jacobson’s confirmation to someone may not approve. They are policy. serve as Ambassador to Mexico. public servants in the executive She was approved by the Senate For- Unfortunately, this is just one exam- branch, on our courts. They serve the eign Relations Committee with bipar- ple of how the rules are being twisted people of this country. tisan support. Yet the weeks go by and and misused. She is one of the many Too often now that service goes beg- still we wait. qualified nominees whose confirma- ging because one Senator wants to Our relations with Mexico are crit- tions are on hold. Many of them wait make a point and will gum up the ical—affecting our economy, affecting because one or two Senators want to works to do it. That is not governing; our security. Mexico is working with make a political point or extract polit- it is a temper tantrum. us to stop those who cross our southern ical pain. Not happy with the Presi- So I say to my colleagues: Let’s get border illegally. Mexico is our third dent? Block his nominee. Not OK with serious. Let’s stop these games. Give largest trading partner. One million a policy? Keep the seat vacant. nominees the consideration they de- American citizens live in Mexico. It is The real aim is the administration. serve. Give the American people a gov- our top tourist destination, with mil- No matter how qualified, the nominee ernment that works. lions of U.S. visitors every year. My is just an easy target. Mr. President, I yield the floor. State shares a border with our neigh- Meanwhile, the backlog grows: 19 I suggest the absence of a quorum. bor to the south. We also share a cul- judges, half a dozen ambassadors, even The PRESIDING OFFICER. The tural heritage. The trade that grows a top official at the Treasury Depart- clerk will call the roll. The legislative clerk proceeded to every year—hundreds of millions of ment whose job is to go after the fi- call the roll. dollars in goods and services—move be- nances of terrorists. That position is Mr. UDALL. Mr. President, I ask tween our Nations. Over 36,000 jobs in vacant as well. unanimous consent that the order for We are on track for the lowest num- my State depend on United States- the quorum call be rescinded. Mexico trade. This increased trade is ber of confirmations in three decades. The PRESIDING OFFICER. Without an engine of economic growth. Exports We now have 30 judicial districts with objection, it is so ordered. from New Mexico to Mexico have emergency levels of backlogs. At the soared from over $70 million a year to beginning of the year, we had 12. Thou- f now $1.5 billion 15 years later. sands of people are waiting for their RECESS In New Mexico we know how impor- day in court because there is no judge Mr. UDALL. Mr. President, I ask tant this partnership is. We need a to hear the case. Important work for unanimous consent that the Senate strong ambassador in Mexico City— the American people is left undone. stand in recess until 2:15 p.m. working on trade, on border security, When we fail to do our job, when we There being no objection, the Senate, and on cultural ties between our Na- fail to give these nominees a vote up or at 12:19 p.m., recessed until 2:15 p.m. tions. We need an ambassador to work down, our government fails too. and reassembled when called to order with Mexico and other Central Amer- This is not just the President’s team. by the Presiding Officer (Mr. ican countries to address immigration It is our team. It is America’s team— PORTMAN). issues, to help resolve the migrant cri- working on trade and security, moving The PRESIDING OFFICER. The Sen- sis, to crack down on border violence our economy forward, seeing that jus- ator from Wyoming. and drug trafficking. This is clear to tice is done. f both sides of the aisle, especially to These vital posts should not go un- those of us from border States. As filled. SENATE ACCOMPLISHMENTS someone who has worked with Roberta I urge my colleagues to allow us to Mr. ENZI. Mr. President, last year we on multiple issues, I know she is the move these nominations forward now. made a promise to the American peo- right person for this job. I do not believe the Constitution ple. If we were elected to the majority, I especially want to thank my Repub- gives me the right to block a qualified we would get Washington working lican colleague, Senator JEFF FLAKE, nominee, no matter who is in the again for American families. Repub- for his efforts. He is concerned, as I am, White House. I say that today, and I licans in the Senate have been focused that this cannot wait. As Senator have said it many times before. on putting our country on not just an- FLAKE said recently: A Republican President may have other course but a better course. This It’s crunch time now. Once you get into nominees I disagree with. That is most will allow us to begin rebuilding the next year, it’s easier to just put them on likely so. But the people elect a Presi- trust of hard-working taxpayers who hold until the next president assumes office dent. They give him or her the right to have seen their government become in 2017. select a team to govern. less effective and less accountable. I hope that will not happen. I hope Today—right now—the majority Over the course of this year, as the we will listen to Senator FLAKE be- leader can call a vote to confirm these Senate got back to work, the American

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.017 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8658 CONGRESSIONAL RECORD — SENATE December 15, 2015 people got to see something that had sions for hard-working families and ducing our Nation’s unsustainable been missing from this side of the Cap- small businesses. Our goal is to lift the spending and debt. itol over the past 8 years; that is, an burdens and higher costs ObamaCare We often talk about the threat Amer- open and transparent legislative proc- has placed on all Americans. ica’s growing debt poses to our econ- ess. This included Members from both ObamaCare is saddling American omy and our future, but the growth in sides of the aisle offering, debating, households with more than $1 trillion Federal regulations also poses a threat and ultimately voting on amendments in new taxes over the next 10 years, and to long-term economic growth and job to not just our balanced budget resolu- according to the Congressional Budget creation. The committee this year has tion and reconciliation proposal but to Office, ObamaCare will cost taxpayers been working to shine a light on these a whole host of legislative measures. more than $116 billion a year. For regulations and the burden they have Leader MCCONNELL promised this, it is every American, ObamaCare has meant on each and every American. It is crit- happening, and bills are passing be- more government, more bureaucracy, ical for lawmakers and hard-working cause people on both sides of the aisle and more rules and regulations, along Americans to understand the true cost are having an opportunity to represent with soaring health costs and less ac- of regulations that are being issued by their constituents, to get votes on cess to care. the administration. Taming our ‘‘regu- amendments. The budget reconciliation legislation lation nation’’ will help ensure that The previous year we had 15 total passed by the Senate will eliminate the Federal Government works for the votes on amendments. This year we more than $1 trillion in tax increases people, instead of people working for have already had 192 votes on amend- placed on the American people, while the government. ments, and the year is not over. So in- saving more than $400 billion in spend- These aren’t the only things that the stead of allowing political points and ing. Most importantly, this bill begins Senate accomplished. I was proud to be partisan gridlock to take precedence to build a bridge from the President’s a part of the Finance Committee’s ef- over responsible governing, we are once broken promises to a better health care forts to replace the doc fix so that doc- again doing the people’s business, and system for hard-working families tors could be paid properly and Medi- the Senate Budget Committee played across the country. care recipients would be able to see an important role. The Senate Budget Committee is an doctors, also to enact trade promotion We had the first balanced budget in important resource for facts and infor- authority legislation, to increase trade 14 years. Yes, Congress this year ap- mation about the congressional budget that increases dollars to the United proved its first balanced 10-year budget process and the economy. That is why States, and also to finance the highway since 2001. Americans who work every my committee recently began pub- trust fund. I was proud to be a part of day to provide for their families and lishing its budget bulletin again, to the effort of the Health, Education, pay their taxes understand that it is provide regular expert articles by com- Labor, and Pensions Committee to re- time for the Federal Government to mittee analysts on the issues before authorize the Elementary and Sec- live within its means, just as they do. Congress relating to the budget, defi- ondary Education Act, and I commend Hard-working taxpayers know they cits, debt, and the economy. This year my chairman for his work on those can’t live on borrowed money, and nei- the bulletin has addressed the highway bills. ther can our Federal Government. This trust fund debate; defense spending, Today I also want to acknowledge balanced budget approved by Congress BCA caps, and OCO special funding; Senator COCHRAN’s work to lead the shows these families that if they can reconciliation and the Byrd Rule; budg- Appropriations Committee in reporting do it, so can we. Our goal is to make et enforcement and points of order; the all 12 appropriations bills for the first our government more efficient, effec- appropriations process, which is the time since 2012. Incidentally, they tive, and accountable. If government spending bills; the debt limit debate; stayed within the budget on those, and programs are not delivering results, and the 2016 continuing resolution. most were bipartisan. It is the first they should be improved, and if they Another important part of the com- time all 12 appropriations bills have are not needed they should be elimi- mittee’s work is to increase oversight been voted out of committee since 2012. nated. and transparency surrounding congres- I want to thank Senator MURKOWSKI A balanced budget would also help sional spending. This is why I directed for her work on energy issues, includ- America tame its exploding debt, the Congressional Budget Office to re- ing the Keystone Pipeline bill, and which today totals almost $19 trillion. lease regular reports tracking the Senator CORNYN, for his efforts to pro- Every dollar spent on interest on our budgetary impact of enacted legisla- tect victims of trafficking. debt is another dollar we won’t be able tion against the fiscal year 2016 bal- I was also proud to work this year on to use for government services, for in- anced budget resolution the Republican some issues important to my own dividuals in need or another dollar that Congress approved. I have provided State of Wyoming by pushing back on won’t be available for taxpayers for these reports after each recess work pe- the administration’s Clean Power Plan their own needs. Washington must live riod in order to provide a status update and waters of the United States rule, within its means, just as every hard- on Congress’s progress achieving the primarily designed to eliminate the use working family does every day, and we budget resolution plan. of coal and drive up the price of elec- have to deliver a more effective and ac- Regularly providing information tricity in this country, which in es- countable government to the American such as this will help foster fiscal sence will cost the average American a people that supports them when it transparency in the Federal spending lot more for their electricity. Just as must and gets out of the way when it process, and over time it will encour- importantly, it will send jobs overseas should. age a heightened awareness in the im- where the energy costs less. To get our country and economy portance of complying with the budget. This year Congress also corrected a back on track, Americans must be al- It will also help ensure that Congress problem that the 2012 highway bill cre- lowed to spend more time working to remains focused on fiscal responsi- ated for Wyoming, and I commend Sen- grow their businesses or to advance in bility. ator BARRASSO for his efforts on that. I their jobs instead of worrying about The recent omnibus spending and also want to thank Senators MCCAIN taxes and inefficient and ineffective debt deal clearly illustrates that the and ISAKSON for their work to support regulations. We want to empower our Federal budget process is in serious our troops and our veterans. I appre- job creators to find new opportunities need of reform, which is why the Sen- ciate Senator MCCAIN working with me to expand our economy and, most im- ate Budget Committee this year has to ensure small businesses have the portantly, assure that each and every also focused on fixing our broken budg- help they need to compete for Federal American has the opportunity to find a et process. contracts. good-paying job and a fulfilling career. Instilling the Federal budget process This isn’t an exhaustive list. There This is why the balanced budget also with regular action and predictability, are several more things. We passed provided for repeal of the President’s active legislative oversight and spend- over 80 bills this year. But these are unprecedented expansion of govern- ing transparency are critical to some of the things we can be proud of. ment intrusion into health care deci- strengthening our democracy and re- The Senate is under new management,

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.019 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8659 and these accomplishments and others that is a dangerous policy. On top of competition so that we can know at still to come show hard-working tax- that, I will just say that the whole eth- the end of the day—which is what I payers that Republicans in the Senate anol subsidy program in the United think is going to happen—that renew- are working to deliver a more effective States is premised upon the fact that ables are actually the future. It is a and accountable government, a govern- we do not have energy independence tale of two tax breaks: one for Big Oil ment for the people and by the people and we need ethanol to get $1.3 billion and one for the renewable industry. that supports them when it must and dollars’ worth of tax breaks a year— As I stand on the floor, this is still an gets out of the way when it should. We biodiesel. unanswered question, but I do know have made great progress this year, but Well, that whole program starts to this: The Republicans are pledging that there is still more to be done. By work- get called into question if we are al- if their Presidential candidate wins in ing together, we are proving that we ready going to declare energy inde- 2016, then in 2017 that Presidential can- can deliver real solutions and real pendence here, even as we still import didate is going to take off the books progress that the American people 5 million barrels a day. Our domestic the clean power rules that President want and deserve. refiners will be hurt by this unless Obama has promulgated. They are I yield the floor. there are proper protections built in in going to review the fuel economy The PRESIDING OFFICER. The Sen- the Tax Code for those refiners. Other- standards that push us to 54.5 miles per ator from Massachusetts. wise, as that crude oil goes overseas, it gallon by the year 2025, which is still the largest single reduction of green- f is going to call into jeopardy the via- bility of the oil refineries across the house gases in one stroke that any TAX BREAK PARITY East Coast, Midwest, and West Coast of country in the world has ever actually Mr. MARKEY. Mr. President, here is the United States of America. announced. They are also saying, obvi- where we are. The Republicans are On the environment, if Brookings In- ously this week, that they are going to holding the government spending bill stitution is correct and upwards of 3 allow the wind and solar tax breaks to and tax breaks for businesses hostage million barrels of oil will be exported expire. So just as the world meets, we unless they can attach a rider to these by the year 2025, that is the equivalent have the announcements about what bills to allow Big Oil to export Amer- of 150 coal-burning plants of additional their goals are on this issue. I think the world expects more from ican oil overseas to the highest foreign pollution going up from our own soil. us, but I actually think the young peo- bidder. Ten days before Christmas, Re- Some people question: Well, will that ple of our country expect more from us. publicans want to give Big Oil the big- really happen? Let me give you some They truly think this is the future; gest of all Christmas presents by lift- other numbers. The Energy Informa- this is the revolution: more efficient ing the crude oil export ban, and they tion Administration says that the de- vehicles, powerplants that have fewer keep saying no to long-term extensions veloping world and its expanding econ- emissions, tax breaks for wind, and of the wind and solar tax breaks and omy are going to require 10 million ad- protections for consumers as part of solar for fuel cells—the future. It is not ditional barrels of oil by the year 2025. having 150 new powerplants of coal the deal. Lifting the oil export ban The expanding economy is going to re- would be a disaster for our economy, equivalents of oil being drilled for in quire 20 million barrels of new oil by our country without some cor- our climate, and for our national secu- the year 2035. responding, permanent, long-term tax rity. We should have tax break parity. What Big Oil in America wants is a Let me tell you where we are right breaks that would offset it. No, it is piece of that action. They want to be just the opposite. They are saying: We now. In America the oil industry gets able to export into that market, and approximately $7 to $8 billion a year in are coming after the Presidential elec- they will do so by drilling on American tion for the reductions in greenhouse tax breaks. It is interesting because $7 soil, not to reduce our own dependence gases from powerplants. We will take to $8 billion is what the wind and solar upon imported oil but to sell it because those rules off the books. We are going industry receives each year—pretty the price on the global market is high- to review the fuel economy standards. even: wind and solar; oil—$7 to $8 bil- er—much higher than the price they We will take those off the books, and lion every year in tax breaks. could get in America. we will make sure there is never again We keep hearing from the other side: Is that truly a good policy, given a permanent tax break for wind and Let’s have a level playing field; let’s what we are seeing about the stability solar. That is where we are in the same have all of the above. Well, what are of the Saudi government? Well, just week that the world just met in Paris they asking for right now? look at the governments all across the to announce the global solution to a Here is what they are asking for. The Middle East from which we import oil. global warming problem. oil tax breaks will continue forever, Is this really a good idea? I don’t think So I say equality; I say keep it the and the wind and solar tax breaks will so. I think it goes to the heart of our same. If you want to keep oil, if you phase out over the next 3 to 5 years. national security. want to keep natural gas tax breaks, This is on top of the windfall which the What happens to the Big Oil industry keep them. But don’t take away ours; oil industry receives from the expor- over the next 20 years is that they pick that is, not mine but those who believe tation of the oil that otherwise would up about $500 billion in new tax reve- in a low-carbon, clean-energy future stay here in the United States. Under nues; that is with a ‘‘b,’’ $500 billion. for our planet. The United States must that scenario, the losers are going to They keep their $7 billion in tax breaks be the leader. We are the innovation be U.S. consumers because we will be every year over a 20-year period. That giant. We are the country that the exporting the oil that is already here is $140 billion more. world is looking for in order to find in our own ground, so that the oil in- Meanwhile, the solar and wind tax these solutions. dustry can get a higher price overseas. breaks expire; they run out. The ru- We passed laws that created this cell It will hurt our national security be- mors are they run out over the wind in phone in 1996. Until then it was the size cause we still import 5 million barrels 3 years. Well, the young generation is of a brick, and people didn’t have one per day. Can I say that again? We still the green generation. They think wind in their pocket. Then, 8 years later, a import 5 million barrels of oil a day. and solar are the future. They don’t new cell phone came along. By the We still import 25 percent of all our oil. think fossil fuels are the future. way, 600 million people in Africa have Some of the countries we import that The whole world, 195 countries, just them because we innovated; we went oil from you may have heard of—Saudi gathered and signed an agreement to first. Arabia, Kuwait, Iraq, Algeria, Nigeria. move away from a fossil era to a low- We can do the same thing in the en- We are still importing oil, and we are carbon, clean-energy future. So if there ergy sector, but there has to be some still exporting men and women over to was going to be a deal out here, then fair treatment that is put in place, es- the Middle East to protect those cargo there should be some equality. If you pecially when the oil industry receives ships of oil, bringing it to the United don’t take away the tax breaks from such an incredible bonanza of those States. We don’t have a surplus of oil oil and gas, then don’t take away the breaks here—$500 billion in new reve- in the United States. We have a deficit tax breaks for wind and solar—a level nues. From my perspective, it is under- of 5 million barrels of oil per day. So playing field, all of the above. Have a mining our national security because

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.020 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8660 CONGRESSIONAL RECORD — SENATE December 15, 2015 we shouldn’t be exporting oil when we some of the legislation we passed this increase efficiency throughout the rate are still importing it from dangerous year that will benefit South Dakota review process. places on the planet, and they keep all families and businesses as well as fami- South Dakota farmers and ranchers their tax breaks. lies and businesses across the country. depend on our Nation’s railroads to From my perspective, I look at the One bill that I have been working on bring their goods to market. They also Republican mantra from 6 to 7 years for a long time—a bill that will mean a depend on our Nation’s highways. This ago. It was ‘‘Drill Here, Drill Now, Pay lot to South Dakota’s farmers and year I was proud to work with my col- Less.’’ They were saying: The more we ranchers—is the legislation the House leagues in the Senate on the first long- drill here, the more energy independ- passed last week, the Surface Trans- term Transportation bill in a decade. ence we are going to have. They are re- portation Board reauthorization bill. Over the past several years, Congress placing it this week with ‘‘drill here, The Surface Transportation Board is made a habit of passing numerous export there, pay more’’ here at home. responsible for helping to ensure the ef- short-term funding extensions for Fed- That is their new slogan. Everything ficiency of our rail system by address- eral transportation programs. Over the they had said about why we should be ing problems and adjudicating disputes past several years of short-term exten- drilling here is now made obsolete by between railroads and shippers. Unfor- sions, the latest, I think, was No. 38. their commitment to now ensure that tunately, it has been clear for several That was an incredibly inefficient way oil gets exported. There are two prices: years now that the Surface Transpor- to manage our Nation’s infrastructure needs, and it wasted an incredible There is an OPEC price for global oil, tation Board needs to work better. amount of money. It also put a lot of and there is a Texas price for American This became particularly apparent in 2013 and 2014 when a sharp increase in transportation jobs in jeopardy. oil. It is always cheaper here. They When Congress fails to make clear shipping demand and harsh winter want to get it off into ships to get the how transportation funding will be al- weather conditions combined to create OPEC price on the global market. I un- located, States and local governments massive backlogs in the availability of derstand that. are left without the certainty they What I don’t understand is how we railcars for grain shipping which, in need to authorize projects or to make can leave behind—with tax breaks that turn, caused storage issues for farmers long-term plans for addressing various are phasing out and the rumors that across the Midwest. transportation infrastructure needs. The U.S. Department of Agriculture the wind tax break expires over the That means essential projects, con- found that the rail backlog lowered the next 3 years—those new technologies struction projects, get deferred. Nec- price of corn, wheat, and soybeans in that are branded ‘‘Made in America,’’ essary repairs may not get made, and the upper Midwest. It forced shippers such as these cell phone technologies, the jobs that depend on these projects to pay record-high railroad-car pre- these smartphone technologies that and repairs are put at risk. have revolutionized countries and con- miums—in the neighborhood of 28 per- The Transportation bill we passed tinents all across the planet. cent to 150 percent above the previous this month changes all that. It reau- I come to the floor to say I under- average levels—for roughly 65 consecu- thorizes transportation programs for stand why Big Oil wants this. It is tive weeks. the long term, and it provides 5 years about as great a Christmas gift as any The Surface Transportation Board of guaranteed funding. It means States industry would ever have received. legislation that Congress sent to the and local governments will have the In return, I hope before we adjourn President last week will help prevent certainty they need to invest in big that we can find a way of being more another situation such as this in the transportation projects and the jobs generous—much more generous—to future. The bill, which I spearheaded, that they create. That, in turn, means those other companies, those other makes a number of significant reforms a stronger economy and a more reli- technologies that are the future. I hope to the Board. For starters, it estab- able, safer, and effective transportation the promises Republican Presidential lishes the number of Board members system. candidates are making that they are and establishes a more collaborative As chairman of the commerce com- going to come back and take the clean process that will allow members to mittee, I spend a lot of time working powerplant rules off the books—that work together to identify and solve with committee members on both sides they are protected because we have the problems as they emerge. The bill also of the aisle to develop the Transpor- tax breaks. It still signals to industries provides the Board with the investiga- tation bill’s safety provisions. Our por- that they are our future and the past is tive authority to address rail service tion of the bill includes a host of im- just a memory, that there is a new 21st issues even if an official complaint has portant safety improvements, includ- century vision that America is going to not been made. This will allow and en- ing enhancements to the notification lead, that the promises President courage the Board to be more proactive process to ensure that consumers are Obama made in Paris on behalf of the when it comes to addressing problems informed of auto-related recalls, and American people are, in fact, going to in our Nation’s rail system. also important reforms at the govern- be met, and that our policies are going The bill also increases transparency ment agency responsible for overseeing to reflect the words the President by requiring the Surface Transpor- safety in our Nation’s cars and trucks. spoke. tation Board to establish a data base of Another important success for South I thank the Presiding Officer for this complaints and to provide quarterly re- Dakota this year was the final ap- time. ports with key information to facili- proval of the expansion of the Powder I yield back the remainder of my tate the effective monitoring of service River Training Complex—the military time. issues. Finally, the bill improves the training airspace over South Dakota, The PRESIDING OFFICER. The Sen- current process for resolving disputes North Dakota, Montana, and Wyoming. ator from South Dakota. between railroads and shippers. The expanded airspace approved by the f Right now, disputes can take mul- Air Force and the Federal Aviation Ad- tiple years and literally millions of ministration will allow our air men SENATE ACCOMPLISHMENTS dollars to resolve, putting a tremen- and women to carry out critical train- Mr. THUNE. Mr. President, from vot- dous burden on shippers and on rail- ing in conditions that more closely re- ing to repeal ObamaCare to passing the roads as well. The legislation we devel- semble combat missions. After working first long-term Transportation bill in a oped improves this process by setting with the Air Force on this project for decade and the first joint balanced timelines for rate reviews, expanding nearly 9 years, I was proud to see this budget in 14 years, Senate Republicans voluntary arbitrary procedures, and re- expansion finally completed and even have worked hard this year to fulfill quiring the Surface Transportation more delighted to see the first large- our promise to get Washington work- Board to study alternative rate review force training exercise take place at ing again for American families. methodologies to streamline and to ex- the expanded Powder River Training While some of our efforts have been pedite cases. It requires the Surface Complex just this month. Forty-one blocked by Senate Democrats or by the Transportation Board to maintain at aircraft took part in the exercise, in- President, we have still managed to get least one simplified, expedited rate re- cluding the B–1 bombers from Ells- a lot done. I am particularly proud of view methodology. These changes will worth Air Force Base in South Dakota.

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.022 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8661 The expanded training complex will Whether it is enacting pro-economic change’’ and announces that it has save Ellsworth $23 million per year in growth policies at home or ensuring signed both the Ceres BICEP Climate training costs by reducing the need for that our military has the resources it Declaration in the United States and the B–1 bombers to commute to other needs to protect us from threats the Prince of Wales’s Corporate Lead- places, such as Nevada and Utah, for abroad, Republicans will redouble our ers Group Trillion Tonne Communique training. efforts to make sure Washington is in the UK. These commitments, they Supporting our men and women in meeting the needs of American fami- say, ‘‘are part of PepsiCo’s overall uniform—like our airmen at Ells- lies and addressing the American peo- strategy to address climate change by worth—is one of the most important ple’s priorities. We plan to spend the working across its business and with jobs we have as Members of Congress. second year of the 114th Congress next global leaders.’’ This year I am proud to report that year the way we have spent the first: Here is Indra Nooyi, chairman and the Senate passed a national defense fighting to make our economy strong- CEO of PepsiCo: authorization bill that incorporates a er, our government more efficient and Combating climate change is absolutely number of critical reforms that will ex- more accountable, and our Nation and critical to the future of our company, cus- pand the resources available to our our world safer and more secure. tomers, consumers—and our world. I believe servicemembers and strengthen our na- Mr. President, I yield the floor. all of us need to take action now. tional security. The National Defense I suggest the absence of a quorum. I have corresponded with these com- Authorization Act for 2016 tackles The PRESIDING OFFICER. The panies about climate change, and here waste and inefficiency at the Depart- clerk will call the roll. is what they have said in their letters ment of Defense and focuses funding on The senior assistant legislative clerk to me. our warfighters rather than on the proceeded to call the roll. In March 2013, Coke said: Pentagon bureaucracy. Mr. WHITEHOUSE. Mr. President, I We recognize that climate change is a crit- The bill also overhauls our military ask unanimous consent that the order ical challenge facing our planet, with poten- retirement system. Before this bill, the for the quorum call be rescinded. tial impacts on biodiversity, water re- system limited retirement benefits to sources, public health, and agriculture. Be- The PRESIDING OFFICER. Without yond the effects on the communities we servicemembers who had served for 20 objection, it is so ordered. years or more, which means huge num- serve, we view climate change as a potential Mr. WHITEHOUSE. I ask unanimous business risk, understanding that it could bers of military personnel, including consent to speak for up to 20 minutes. likely have direct and indirect effects on our many veterans of the wars in Iraq and The PRESIDING OFFICER. Without business. Afghanistan, retired after years of objection, it is so ordered. As a responsible global company, with op- service without having accrued any re- erations in more than 200 countries, we have tirement benefits. The National De- f a role to play in climate protection. . . . fense Authorization Act replaces this CLIMATE CHANGE Then in May 2014: system with a new retirement system Mr. WHITEHOUSE. Mr. President, The Coca-Cola Company has strongly stat- that will ensure that the majority of one of the brightest bright spots at the ed that climate change is happening and the our Nation’s servicemembers receive implications of climate change for our plan- Paris climate talks last week was the et are profound and wide-ranging. It is our retirement benefits for their years of robust corporate presence. Leading service to our country even if they belief that climate change may have long- businesses and executives from around term direct and indirect implications for our have not reached the 20-year mark. the world were there in Paris to voice The bills I have discussed today are business and supply chain and we recognize their support for a strong international that sustainability is core to our long-term just a few of the accomplishments of climate agreement. That brings me value. . . . Climate protection is a key com- the Republican-led Senate. Over the here today for the now 122nd time to ponent of our business strategy. course of this year, we have passed a say that it is time for America’s lead- In August of this year: number of significant pieces of legisla- ing corporations and their lobbyists to Coca-Cola joined twelve other corporations tion that will benefit Americans for bring that same message here to Wash- at the White House pledging our support for years to come. ington to help Congress wake up. the American Business Act on Climate We have worked hard to help our Na- Let me use an example of two of the [Pledge]. Climate protection has been a key focus of Coca-Cola for decades. tion’s veterans by expanding access to good guys. The two biggest drinks com- mental health resources, reducing wait panies in America are Coca-Cola and In a letter of February 2013, Pepsi times for medical care, and increasing PepsiCo. Coke and Pepsi both signed said: the number of providers who can serve this public letter urging strong climate PepsiCo applauds your efforts to address veterans. We voted to repeal action in Paris: climate change by focusing Congressional at- ObamaCare and start the process of tention on the issue. . . . At PepsiCo, we rec- Dear U.S. and global leaders: moving toward the real health care re- ognize the adverse impacts that greenhouse Now is the time to meaningfully address gas emissions have on global temperatures, form Americans are looking for: an af- the reality of climate change. We are asking fordable, accountable, patient-focused weather patterns, and the frequency and se- you to embrace the opportunity presented to verity of extreme weather and natural disas- system that puts individuals in control you in Paris. . . . We are ready to meet the ters. These impacts may have significant im- of their health care decisions. We climate challenges that face our businesses. plications for our company. . . . Accord- passed legislation to contain the out- Please join us in meeting the climate chal- ingly, responding to climate change is inte- of-control bureaucracy at the EPA and lenges that face the world. grated into PepsiCo’s business strategy. legislation to begin the process of safe- And it is not just that public letter; In September of this year, Pepsi guarding Medicare and Social Security Coca-Cola’s Web site says it will reduce wrote: by putting them on a more sustainable CO2 emissions by 25 percent and that to We look forward to providing further sup- financial footing going forward. We do so, ‘‘Coca-Cola will work to reduce port on the ‘‘Road to Paris’’—demonstrating passed cyber security legislation to the greenhouse gas emissions across its that actions by business in climate are not protect Americans’ privacy and a value chain, making comprehensive only good for the environment, but good for major education reform bill that puts carbon footprint reductions across its business. States, parents, teachers, and local manufacturing processes, packaging That is all great stuff. Here is where school boards—not Washington bureau- formats, delivery fleet, refrigeration it gets a little strange. Coke and Pepsi crats—in charge of our children’s edu- equipment and ingredient sourcing.’’ have a trade association, the American cation. Coca-Cola also says: ‘‘We continue to Beverage Association, that lobbies for While we may have accomplished a partner with peer companies, bottling the soft drink industry, and they also lot this year, we know there is still a partners, NGOs, governments and oth- support the business lobbying group, lot more that needs to be done. Ameri- ers in addressing our greenhouse gas the U.S. Chamber of Commerce. In- cans are still suffering in the Obama emissions and encouraging progress in deed, the American Beverage Associa- economy, and our Nation continues to response to climate change.’’ tion sits on the board of the U.S. face terrorist threats at home and Pepsi’s Web site heralds what it calls Chamber of Commerce and contributes abroad. ‘‘its commitment to action on climate to it a lot of money.

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.024 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8662 CONGRESSIONAL RECORD — SENATE December 15, 2015 Here is the official position of the their public materials and in Paris and don’t push back against this group that American Beverage Association on cli- throughout their internal corporate ef- they fund, that choice has real con- mate change from its Web site: fort, but here in Congress, where the sequences here. That choice says to Each of America’s beverage companies has rubber meets the road on legislating Congress: ‘‘This issue isn’t really seri- set goals to lower our emissions over time and where the lobbying meets our leg- ous to us.’’ That choice says to the in- while continually improving efficiency. And islative efforts, their lobbying agencies dividual Members over here: ‘‘If you our companies have pledged to work with don’t support their position. I actually cross the fossil fuel boys, don’t count government leaders, environmental organi- wonder how well they know in the ex- on us to have your back.’’ zations, and other businesses to ensure these ecutive suites of Coke and Pepsi that I recently received a letter from emission reductions are happening through- ExxonMobil. It says: out the United States. their position is not supported by the ExxonMobil has for a number of years held They even have the Beverage Indus- lobbying effort they support. Let me be clear. I am not here to ask the view that a ‘‘revenue-neutral carbon try Environmental Roundtable. But do tax’’ is the best option. . . . [A] carbon tax they lobby us about this in Congress? I that companies such as Coke and Pepsi take a different position on climate could help create the conditions to reduce have never seen any sign of it. When greenhouse emissions in a way that spurs the American Beverage Association change than what they believe. I am new efficiencies and new technologies. thought Congress might impose a soda here to ask companies to line up their This is ExxonMobil. advocacy in Congress with what they tax to fund health care, then they lob- The revenue-neutral carbon tax could be a bied like crazy—nearly $30 million believe. My ask is simple: Match your workable policy framework for countries worth of lobbying expenditure. They advocacy in Congress with your policy. around the world—and the policy most likely know how to lobby when they want to. Don’t outsource your advocacy to enti- to preserve the ability of every sector of so- ties that take the opposite position ciety to seek out new efficiencies and new But on climate, I have never seen it. technologies. As for the U.S. Chamber of Com- from you—not on an issue of this mag- merce, everyone in Congress knows nitude. This is too important an issue ExxonMobil may say that in their that the U.S. Chamber of Commerce is for great American companies to say letter, but let me say as the author of dead set against Congress doing any- one thing when they are talking to the the Senate’s revenue-neutral carbon- thing serious about climate change. public and have their lobbying agencies fee bill, I can assure you that bill is The U.S. Chamber of Commerce is a say something completely different getting zero support from ExxonMobil. very powerful lobby group, and its when they come to Congress. ExxonMobil is playing a double game, with statements such as they made in power in Congress is fully dedicated to I have asked Coke and Pepsi about the letter to me on the one hand, but stopping any serious climate legisla- this discrepancy between their policy on the other hand all of its massive tion. They are implacable adversaries and these organizations’ advocacy, and lobbying clout directed against doing of climate action, and we see their hos- here is what they say. From Pepsi: The Chamber is an important partner for anything serious on climate. tility everywhere. I suggest that it is the same with the At one point, the U.S. Chamber of PepsiCo on critical tax and trade matters. other companies. They may have Commerce wrote to me to say I However, our positions on climate change have diverged. enough happy talk about climate mischaracterized its position on cli- change being serious to get them mate change. ‘‘Even a cursory review From Coke: through a cocktail party at Davos, but of our stated views on climate change,’’ The Coca-Cola Company belongs to a wide the full weight of their industry lob- wrote Chamber of Commerce President range of organizations through which we gain different perspectives on global and na- bying leverage, through the Chamber and CEO Tom Donahue, ‘‘shows that tional issues; however these groups do not and the American Petroleum Institute the Chamber is not debating the exist- speak on our behalf. and a slew of other front groups, is ence of climate change or that human Well, if their positions have diverged leaned in hard against climate legisla- activity plays a role.’’ and these organizations don’t speak for Well and good, but here is what I tion, including revenue-neutral carbon them on this issue, why keep sup- wrote back. fees. We should perhaps expect better Mr. President, I ask unanimous con- porting one of the leading political op- of them. But we should certainly ex- ponents of meaningful climate action? sent to have printed in the RECORD my pect better of other companies that full letter at the end of my remarks. If you insist on supporting the entities don’t have ExxonMobil’s massive con- I wrote back: that lobby against you on climate flict of interest. I am in politics in Washington, and I see change, then the question becomes To be fair to Coke and Pepsi, they the behavior of your organization firsthand. this: What are you doing in Congress to are not alone. Congress is heavily in- There is no way to reconcile what I see in lobby back? What are your counter- fluenced by corporations. That is no real life around me with the assurances in measures to dispel the voice of these news flash. What my colleagues here your letter that you treat the climate prob- agencies that you are supporting? all know is that virtually zero of that lem in any way seriously. Climate change is not just any other corporate influence is brought to bear I then offered a list of the many ways issue. It is so big an issue that the in support of climate action. Even com- the U.S. Chamber of Commerce ac- world’s leaders just gathered in Paris panies with good internal climate poli- tively opposes climate legislation and to address it in the largest gathering of cies, even companies that are leaders concluded: world leaders in history. It is so big an in what they are doing within their In every practical way in which your orga- issue that it has its own page on Coke’s companies and within their supply nization brings pressure to bear on the and Pepsi’s Web sites and, indeed, on chains on climate change shy away American political process, I see you bring- the Web sites of most major American from this issue in Congress. ing it to bear in line with the big carbon pol- corporations. It is so big an issue that The result is that, on one side, the luters and the climate denial industry. And our former Pacific commander, Admi- fossil fuel industry maintains a des- given the powerful and relentless way in which you bring that pressure to bear on our ral Locklear, said it was the biggest perate grip on Congress to stop any cli- system in the service of your own First national security threat we face in the mate action. They lean on Congress Amendment rights, I hope you will accept Pacific theater. To use Admiral hard to get their way. On the other that I have the right to express my own Locklear’s exact words, climate change side, the rest of corporate America has views under that same First Amendment. ‘‘is probably the most likely thing that virtually nothing to say in Congress on In sum, the U.S. Chamber of Com- is going to happen . . . that will cripple climate change. Maybe they do on merce has a terrible record on climate the security environment, probably their Web sites, maybe in their public change. It is Coke and Pepsi’s adver- more likely than the other scenarios relations, certainly through their sus- sary on getting anything done. So why we all often talk about.’’ tainability departments, and in some is Coke and Pepsi’s American Beverage Around here in Congress, the bul- cases from their CEOs. But from their Association on the board of the U.S. lying menace of the fossil fuel industry lobbyists and from the trade associa- Chamber of Commerce? is everywhere. The U.S. Chamber of tions and the lobbying organizations The result is that Coke and Pepsi Commerce is their vocal advocate. If that represent them here in Congress, take one position on climate change in companies such as Coke and Pepsi the silence is deafening.

VerDate Sep 11 2014 00:09 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.026 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8663 The corporate effort in Congress to draw from the best insights from economics, mission. It is simply wrong to ask our get something done on climate change science, and engineering. The U.S. has military to accomplish something and rounds to zero. I am in Congress, and I achieved remarkable reductions in not just not give them the freedom, flexibility, am here to say we need you guys to greenhouse gas intensity measures, but in and resources they need in order to ac- absolute levels of carbon dioxide emissions show up. I get that it is never conven- as a result of large-scale fuel switching from complish it. ient to stand up to bullies. It is always coal to natural gas for electricity genera- That is why when the President talks easier if they just go away, but the fos- tion. Thoughtful regulatory initiatives di- about airstrikes—I know of no military sil fuel bullies are not going away. So rected to both energy and building efficiency leader who believes that you can defeat it is either stand up to them or keep standards, as well as continued improve- this terrorist army in Syria and Iraq letting them roll Congress. ments in emissions levels related to indus- by airstrikes alone. Nobody. Yet that If what Coke and Pepsi and other cor- trial processes, have also contributed to the seems to be the only tactic this Presi- porations say publicly are the things reduction in the nation’s greenhouse gas dent is using. So the President needs to they really believe, then it should be emissions. tell the American people the truth important to them that Congress not As you consider additional policy options, such as putting a more direct cost on carbon about the realities on the ground in get rolled by the guys who are working to incentivize different choices, we suggest Iraq and Syria. He needs to listen and against what they believe. This should that these policies ensure a uniform and pre- take advice from the military leader- not be too big an ask for the corpora- dictable carbon cost across the economy and ship he has at the Pentagon and on his tions that stood up in Paris: Do the allow competitive market forces to drive so- own staff. Above all, he needs to learn same thing in Congress. Do the same lutions. We believe this approach will maxi- not to be ashamed of American leader- thing in Congress. Do the simplest and mize transparency, reduce complexity, and ship. truest of things: Stand up for what you promote global participation. It is absolutely true that America believe. You are probably aware that ExxonMobil has for a number of years held the view that doesn’t necessarily need to fight the It is time to wake up, but it is also wars for other countries in the region time to stand up, and what a difference a ‘‘revenue-neutral carbon tax’’ is the best option to fulfill these key principles. Instead that ought to be engaged in the fight you will make. of subsidies and mandates that distort mar- themselves, but the fact is there is no Mr. President, I yield the floor. kets, stifle innovation, and raise energy one else on the planet who can lead There being no objection, the mate- costs, such a carbon tax could help create like the United States of America. We rial was ordered to be printed in the the conditions to reduce greenhouse gas have to organize it, we have to lead it, RECORD, as follows: emissions in a way that spurs new effi- and we have to support it if we expect EXXONMOBIL CORPORATION, ciencies and new technologies. The revenue- neutral carbon tax could be a workable pol- other people to be the boots on the Washington, DC, December 2, 2015. ground to fight those wars, but the ac- Hon. EDWARD J. MARKEY, icy framework for countries around the U.S. Senate, world—and the policy most likely to pre- tion we are seeing currently from this Washington, DC. serve the ability of every sector of society to administration does not match the Hon. RICHARD BLUMENTHAL, seek out new efficiencies and new tech- very serious threat we face, and it is a U.S. Senate, nologies. threat that has gotten worse, not bet- Washington, DC. Sincerely, ter, under the President. Hon. SHELDON WHITEHOUSE, THERESA M. FARIELLO, CIA Director John Brennan recently U.S. Senate, Vice President, Washington Office. estimated that before President Obama Washington, DC. Mr. WHITEHOUSE. I suggest the ab- prematurely pulled all U.S. troops out Hon. ELIZABETH WARREN, sence of a quorum. of Iraq, without any sort of transition U.S. Senate, The PRESIDING OFFICER (Mr. Washington, DC. at all, the predecessor of ISIS, known DEAR SENATORS: As to your question about LANKFORD). The clerk will call the roll. as Al Qaeda in Iraq, had ‘‘maybe 700-or- Donors Trust and Donors Capital, we had The legislative clerk proceeded to so adherents left.’’ This is the CIA Di- never heard of these organizations until you call the roll. rector, nominated by President Obama brought them to our attention. We do not Mr. CORNYN. Mr. President, I ask and confirmed by the Senate. He said, provide funding to them. unanimous consent that the order for before the President pulled the plug in At ExxonMobil we too have been following the quorum call be rescinded. the deliberately misleading stories regarding Iraq, there were about 700 or so adher- our company published by the climate activ- The PRESIDING OFFICER. Without ents left in Al Qaeda in Iraq, the prede- ist organization InsideClimate News and by objection, it is so ordered. cessor of ISIS. If we fast forward that various media outlets. If you are interested f to today, according to the New York in our response, please visit our corporate Times, just a few months ago, he said: PRESIDENT’S STRATEGY TO blog: http://www.exxonmobilperspectives ‘‘Nearly 30,000 foreign recruits have DEFEAT ISIS .com. now poured in to Syria, many to join From the very beginning of concern about Mr. CORNYN. Mr. President, just climate change, ExxonMobil scientists and the Islamic State, a doubling of volun- engineers have been involved in discussions yesterday President Obama went to the teers in the last 12 months. . . .’’ and analysis of climate change. These efforts Pentagon for a long overdue meeting Nearly 30,000 foreign recruits, a dou- started internally as early as the 1970s. They with his national security advisers. bling of volunteers in just the last 12 led to work with the U.N.’s Intergovern- During that meeting or shortly there- months, these are pretty amazing and mental Panel on Climate Change and col- after, he made this statement: ‘‘We are concerning numbers but more often laboration with academic institutions and to hitting ISIL harder than ever.’’ Unfor- they demonstrate how out of touch the reaching out to policymakers and others, tunately, the President failed to ac- who sought to advance scientific under- President’s remarks are when he says standing and policy dialogue. knowledge the simple fact that his ISIS has been contained or we are hit- We believe the risks of climate change are strategy against ISIL—or ISIS, as it is ting them harder than we ever have be- serious and warrant thoughtful action. We more frequently called—is simply not fore. It is simply not working. Clearly, also believe that by taking sound and wise working. we need the President to execute an ef- actions now we can better mitigate and man- This is pretty hard to get right, but fective military strategy that results age those risks. But as policymakers work to at least our leaders should have the hu- in both the physical destruction of reduce emissions, it is critical to recognize the importance of reliable and affordable en- mility to recognize reality, and when ISIS and the complete rejection of ergy in supporting human progress across so- things aren’t working out so well, re- their bankrupt ideology—not just in ciety and the economy. consider and make some midcourse the Middle East but around the world, Sound tax, legal, and regulatory frame- changes so they do work—not this including here at home. works are essential. With sound policies en- President. I have said repeatedly that Frequently, when various pundits acted, investment, innovation, and coopera- the President needs to tell Congress react when they hear people like me tion can flourish. In our view, policy works and the American people about his saying the President doesn’t have an best when it maintains a level playing field; comprehensive strategy to defeat this effective strategy, they say: OK. What opens the doors for competition; and refrains from picking winners and losers. terrorist enemy, and he has to do more is your strategy? First of all, I am not When considering policy options to address to give our military the flexibility and the Commander in Chief, but we did the risks of climate change, we urge you to resources they need to accomplish the make some constructive suggestions to

VerDate Sep 11 2014 02:07 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.028 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8664 CONGRESSIONAL RECORD — SENATE December 15, 2015 the President. Nine other Republican when somebody in law enforcement with people being radicalized right Senators joined me in a letter, where goes to court and says: We have prob- here in the United States, not the least we recommended six specific military able cause to believe a crime was com- of which, I would hope the Department options that if brought to bear on ISIS, mitted, so we want to execute this of Homeland Security voluntarily re- would go a long way toward achieving search warrant. As Director Comey verses their policy of not screening so- his stated goal of destroying this ter- confirmed, increasingly using cial media communications which are rorist army. First, it would take the encryption is part of terrorist trade in the public domain. I mean, there is handcuffs off the U.S. military and let craft. no expectation of privacy on the part our troops do what they have trained I was shocked—because I hadn’t of people posting things in a public do- to do and what they have volunteered heard it before—to hear Director main such as Twitter or Facebook, par- to do. Increasingly, we need a strategy Comey talk about how encryption im- ticularly things like Twitter. I know that doesn’t just handle the fight over pacted an investigation in my home you can restrict access, but most peo- there. We need a strategy to handle the State of Texas. He said many will re- ple communicate with their friends, fight here at home because of the dan- member that back in May, two men at- family, and anybody else who happens ger of foreign fighters, of fighters going tempted to attack people at an event to want to have a conversation with from the United States to the fight in northeast of Dallas in Garland, TX. He them on social media. the Middle East and then returning or said that fortunately the quick and ef- We can all agree that the threat of people going to Europe. In particular, fective response of law enforcement of- ISIS to the United States is broad and one concern has been raised by many of ficials in the area stopped the men real. Sadly, we were reminded in San our Democratic colleagues is the use of from making their way into the con- Bernardino and in Garland last May of the visa waiver, where you don’t actu- ference center, keeping them from in- this fact. ally need—the 38 countries where you flicting more harm. We now know the Last week, both in a letter I sent to can travel to the United States with- attack was at least inspired by ISIS. In the President and here on the floor, we out actually getting a specific visa or fact, according to media reports, ISIS sought to make some constructive sug- having to be interviewed by a consular quickly claimed responsibility for the gestions to begin to have that con- officer at one of our embassies. This is attack. versation, which was long overdue, a potential vulnerability for the United Shockingly, Director Comey said last about what an effective strategy to States. week before the Senate Judiciary Com- carry out the President’s stated goal of The third area beyond the fight over mittee that the FBI had 109 encrypted degrading and destroying ISIS would there, beyond the danger of people ex- messages with a terrorist overseas as actually look like. I hope the President ploiting the flaws in our screening sys- part of this investigation of the Gar- listens. Unfortunately, so far experi- tem within immigration, whether it is land incident. According to the FBI Di- ence has taught us he is not nec- fiance visas, whether it is a visa waiver rector, that is 109 messages the FBI essarily primed that way. But I hope he or whether it is refugees—there is a still doesn’t have access to because will reconsider in light of the increased third area the FBI Director talked they are encrypted and they can’t even public concern about terrorist activity about last week when he testified be- crack it given a court order showing in the United States. Certainly, public fore the Senate Judiciary Committee. probable cause that it might lead to opinion polls have shown that is the He talked about homegrown terror- further evidence in this investigation. No. 1 issue of concern to the American ists—people like the ones in San He pointed out that these sorts of people, and as the leader of the U.S. Bernardino who did actually travel to encrypted communications are part of Government and as Commander in the Middle East and come back—but he terrorist trade craft. In fact, there is Chief, I hope he will have the humility also included people in the United reason to believe that within terror and the common sense to say that what States, American citizens. I must circles, they understand which of these we are doing now is not working the admit I appreciated the FBI Director’s devices and which of these apps are way it should. We can do better. We understanding of the threat that ISIS encrypted and thus make it less likely can do more. poses, including their attempts to in- that they will be discovered when they Certainly, if the President would spire people in this country to become are conspiring against Americans ei- work with us in a bipartisan and bi- terrorists and commit acts of violence. ther here or abroad. cameral fashion, I know we would sup- This Senator was astonished that the It troubles me that the men and port a strategy that I think Members Department of Homeland Security women charged with keeping us safe of Congress felt had a reasonably de- would have a policy preventing the don’t have all the information they cent chance of working. But right now United States from screening the social need. I think that is a subject on which the President seems stuck on this same media use by foreign nationals who are we need to have a more serious con- inadequate strategy of just bombing attempting to use our immigration versation. I think that is why Director missions. These airstrikes are nec- system to come to the United States. Comey mentioned that last week, and essary but not sufficient to get the job In the instance of the female shooter in that is why the Deputy Attorney Gen- done over there. It certainly is incom- San Bernardino, it was revealed that eral came to testify before the Senate plete when you look at the threat in using social media, she had posted Judiciary Committee to raise the con- terms of exploiting our immigration things that should have been an alert— cern, so we can have the kind of debate system and in terms of homegrown if our immigration officers were doing we always have in America when it is radicalism. We haven’t heard the kind their job—to the fact that she was like- a balancing of privacy and security. of plan that we need to hear from the ly to be a jihadist and be a threat here I commend the Director for engaging President of the United States that we at home. Congress on this critical issue, but are willing to work with him on. We Another threat we are going to have what it points out is that the President need to hear from him what he is will- to deal with that Director Comey and and this administration need to have a ing to do to help keep the American the Deputy Attorney General raised is three-pronged strategy when dealing people safe and to fight and win this the use of encryption as a challenge against a terrorist threat: As I men- war against Islamic radicalism. that hinders the FBI’s counterintel- tioned, over in Syria and Iraq, Mr. President, I suggest the absence ligence efforts against these ISIS-in- unhandcuff our military and make sure of a quorum. spired extremists. Encryption applica- they have a strategy that will actually The PRESIDING OFFICER. The tions are available on your cell phone, work over and above just airstrikes; clerk will call the roll. and some of the companies—Apple, for second, try to make sure we enhance The legislative clerk proceeded to example—market them because people our screening system for immigration call the roll. want to keep their communications for people who come into the United Mr. GRASSLEY. Mr. President, I ask private. We all understand that, but an States so we don’t inadvertently allow unanimous consent that the order for encrypted message—one that is incapa- someone into our country who has the the quorum call be rescinded. ble of being unlocked—is one that can’t intention of doing us harm; and third, The PRESIDING OFFICER. Without be used to respond to a court order do more to come up with a plan to deal objection, it is so ordered.

VerDate Sep 11 2014 02:07 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.029 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8665 NUCLEAR AGREEMENT WITH IRAN Many of the questions around the larger point is that the nuclear deal Mr. GRASSLEY. Mr. President, ac- Parchin military facility remain unan- has already become a case of Iran pre- cording to press reports, this adminis- swered. This report from the Inter- tending not to cheat while the West tration may be just weeks away from national Atomic Energy Agency states: pretends not to notice.’’ lifting sanctions on Iran. This is de- The information available to the Agency, I hope President Obama and his ad- spite Iran’s recent actions that indi- including the results of the sampling anal- ministration finally wake up and cate they have little intention to com- ysis and the satellite imagery, does not sup- quickly recognize Iran’s track record of port Iran’s statement on the purpose of the ply with the terms of the agreement noncompliance. Iran cannot and should building. The Agency assesses that the ex- not be rewarded with sanctions relief. called the Joint Comprehensive Plan of tensive activities undertaken by Iran since Action, also known as the Iran nuclear February 2012 at the particular location of The international community should deal. Most recently, the International interest to the Agency seriously undermined not reward Iran with sanctions relief Atomic Energy Agency released the the Agency’s ability to conduct effective ver- while Iran doubles down on its final report on the possible military di- ification. confrontational and uncooperative be- mensions of the Iranian nuclear pro- An effective verification was what we havior. They should not be given hun- gram. It is quite clear Iran was less were promised. The Iranians were ac- dreds of billions of dollars while con- than cooperative with the Inter- tively working to cover up and destroy tinuing to defy and deceive the inter- national Atomic Energy Agency. For any evidence of their weaponization ef- national community. some reason, despite Iran’s forts at Parchin. On many occasions, Mr. President, I yield the floor. stonewalling, the President seems in- Iran refused to provide any informa- I suggest the absence of a quorum. tent and confident that they know the tion or simply reiterated previous deni- The PRESIDING OFFICER. The extent of Iran’s past nuclear als. Iran refused to cooperate and in- clerk will call the roll. weaponization work. stead continues to deceive the inter- The bill clerk proceeded to call the It is important to remember the evo- national community on the military roll. lution of the importance of this infor- dimensions of its nuclear program. Mrs. MCCASKILL. Mr. President, I mation. In April 2015, Secretary Kerry Some may wonder why we should even ask unanimous consent that the order stated in an interview that Iran must care about this. It matters because a for the quorum call be rescinded. disclose its past military-related nu- complete and accurate declaration of The PRESIDING OFFICER. Without clear activities as part of any final all nuclear weapons activity is a crit- objection, it is so ordered. deal. His words on this matter were un- ical first step in the verification re- f equivocal. gime and the safeguard process that UNANIMOUS CONSENT REQUEST— He stated: the International Atomic Energy Agen- S. 579 They have to do it. It will be done. If cy will be asked to enforce and some- there’s going to be a deal it will be done. It thing we put our confidence in. I Mrs. MCCASKILL. Mr. President, I will be part of the final agreement. It has to am on the floor this afternoon to talk be. shouldn’t say ‘‘we’’ because I didn’t vote for it—but something this country about S. 579, which is called the Inspec- Just a few weeks later, when it was puts its confidence in this Agency’s tor General Empowerment Act, but it clear President Obama’s administra- ability to enforce. There must be a really ought to be called ‘‘Let the in- tion was ready to surrender to Iran’s baseline declaration to ensure effective spectors general do their jobs.’’ demands on this issue, Secretary Kerry international monitoring going for- As I look back on my time as a State said that we didn’t need a full account- ward. auditor and I think of all I learned ing of Iran’s past activities. He said the It also matters because President about how government works well and U.S. intelligence agencies already had Obama entered into an agreement, how government behaves badly, I have ‘‘perfect knowledge’’ of Iran’s activi- along with our allies, to provide sanc- a special point of respect for inspectors ties. general because of the work I did as an Just a few days ago, the Inter- tions relief in exchange for Iran giving auditor. I believe they are our first line national Atomic Energy Agency re- up its efforts to develop nuclear weap- leased their report, which was supposed ons. It matters because it is clear we of defense against waste, fraud, and to be a comprehensive overview of do not have ‘‘perfect knowledge’’— abuse of taxpayer dollars. We should be Iran’s nuclear program and their past which we were promised—of what Iran helping them every way we can to do military dimensions of that program. is up to, as Secretary Kerry has their jobs. Because of Iran’s obstruction, the re- claimed. It also matters because since I want to thank Senator JOHNSON, port is far from comprehensive—as we the agreement was finalized, Iranian the chairman of the committee I serve were promised. leadership has not changed their be- on that has primary jurisdiction on The International Atomic Energy havior. If anything, they have in- government oversight, and I want to Agency report essentially concludes creased their hostility. Here are some thank Senator GRASSLEY for his long what many of us have known for a very examples of hostility: On October 10, championing the cause of inspectors long time. Iran was working toward de- Iran launched a long-range ballistic general and the GAO and all of the veloping nuclear weapons capability missile. This is clearly in violation of noble public servants who are out there and they have continually lied and con- Security Council Resolution 1929. every day trying to uncover govern- tinually misled the international com- Then, on November 21, Iran launched ment behaving badly. munity regarding that program. The another ballistic missile. This bill serves three main purposes. International Atomic Energy Agency It is clear that Iran has no intention It provides additional authority to in- also concluded that Iran’s nuclear to comply with the ballistic missile re- spectors general to enhance their abil- weapons program was in operation strictions of this deal. These are bla- ity to conduct oversight investiga- until 2009, several years later than tant violations. How are we supposed tions. It reforms the process by which many believed. to have any faith in this agreement or the Council of the Inspectors General President Obama repeatedly stated Iran’s intent to comply? Iran did not integrity committee investigates accu- that the nuclear agreement was based comply with the International Atomic sations against IGs, which is very im- on unprecedented verification. Yet it is Energy Agency. They have continued portant. IGs need to be above reproach. very clear from the International to test ballistic missiles. They con- Any whiff of politics, any whiff of un- Atomic Energy Agency report that tinue to hold Americans hostage. A ethical conduct, any whiff of self-deal- Iran had no intention of cooperating Washington Post reporter has been im- ing—we have to empower the Council with the requirement that they come prisoned for more than 500 days and of the Inspectors General to deal with clean on their nuclear program. In was recently convicted of unspecified that in a way that is effective. many areas, the International Atomic charges in a sham trial. Iran has no in- It restores the intent of the 1978 In- Energy Agency indicated that Iran pro- tention to honor any of their obliga- spectors General Act to ensure that IGs vided little information, misleading re- tions under this deal. It is naive to have timely access to documents they sponses, and even worked to conceal think otherwise. As a recent Wall need to conduct good, comprehensive portions of that program. Street Journal editorial put it, ‘‘The oversight audits and investigations.

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.032 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8666 CONGRESSIONAL RECORD — SENATE December 15, 2015 Many of the provisions are authorities champion of this cause, as well as the all agency documents necessary to do that the IGs have been seeking for a other bipartisan cosponsors of this leg- their job, unless Congress expressly de- long time, and most of them are be- islation and for the work their staff nies that access by statute. The bill yond noncontroversial. have done on this very important issue. not only maintains current authorities I wish to focus on one section of the In 1978 Congress created a crucial for certain agency heads to keep in- bill for a minute and explain how crit- oversight partner for all of us—inspec- spector general work if it is necessary ical its provision is to congressional tors general. They are independent to preserve the country’s national se- overseers and for the taxpayers. The watchdogs embedded in each agency, curity interests, it actually enhances main issue I wish to talk about today accountable only to Congress and the those authorities. is the section of the bill that ensures American people. That is crucial. They In sum, this is a bipartisan common- IGs have access to all agency docu- are the American people’s eyes and sense cause. We all want inspectors ments. The Inspector General Act, ears, and they are our best partner in general to be able to do their jobs well. which was passed in 1978, explicitly rooting out waste, fraud, and abuse. As That is why this bill was unanimously grants access to ‘‘all records, reports, an example, in fiscal year 2014 alone, approved by my committee—the Sen- audits, reviews, documents, papers, inspectors general identified $45 billion ate Committee on Homeland Security recommendations, or other material.’’ in potential savings to the taxpayer. and Governmental Affairs. It is why it For the last 37 years, we lived in a What this bill aims to do is to reduce has 14 bipartisan cosponsors rep- world where ‘‘all’’ meant all. But this waste, fraud, and abuse by increasing resenting Committees of the Judiciary, accountability and ensuring trans- summer, the Department of Justice Of- Appropriations, Armed Services, En- parency. The bill exempts inspectors fice of Legal Counsel issued an opinion ergy and Natural Resources, and the general from time-consuming and inde- that allows agencies to withhold docu- Senate Intelligence Committee. pendence-threatening requirements ments from the inspectors general. Even retired Senator John Glenn has such as the computer matching and pa- Other than national security concerns, asked my committee to take action to perwork reduction statutes. It allows intelligence concerns, and statutes ensure inspectors general have access inspectors general to compel the testi- that explicitly restrict disclosure of to documents. In the letter he wrote to mony of former agency employees or documents to IGs, all of which are ad- my committee and to the House over- Federal contractors and grant recipi- dressed by this bill, there is absolutely sight committee, Senator Glenn says: ents in some administrative mis- no reason that IGs should have their ‘‘The success of the IG Act is rooted in conduct or civil fraud cases. access to documents restricted. There Too often we lose crucial information the principles on which the Act is is no universe in which the Inspector or have to end an investigation because grounded—independence, direct report- General Act should be interpreted to the bad actor either leaves Federal em- ing to Congress, dedicated staff and re- mean anything less than what it says. ployment or is a contractor or grantee sources, unrestricted access to agency They have to have access to the docu- and under current law cannot be sub- records, subpoena power, special pro- ments or they can’t do their work. It poenaed. For example, the State De- tections for agency employees who co- really isn’t any more complicated than partment inspector general oversees operate with the IG, and the ability to that. the $10.5 billion the agency obligates in refer criminal matters to the Depart- The convoluted legal reasoning that grants every year yet cannot compel ment of Justice without clearing such is being implemented by the counsel at testimony of the grant recipients even referrals through the agency.’’ the Department of Justice is a big step in the event of suspected fraud or mis- This is the heart of what the Inspec- backwards for effective oversight of conduct. He can only require current tor General Act asked for. This is what our government. We can’t expect them agency employees to speak to his team, this bill restores. I cannot imagine to do their jobs well without fear or which can result in an incomplete or anything controversial about wanting favor if they can’t get access to the in- one-sided investigation. If we care inspectors general to have access to formation that is vital to their work. about oversight and accountability, in- the people and the documents they When the auditors in my office came spectors general must be able to com- need to do their jobs. Americans de- back with an access issue, my instruc- pel relevant testimony. In addition to serve an accountable, transparent, and tion to them was this: Well, get on these authorities, the bill requires in- effective government. This is one tan- your ‘‘dog with a bone act,’’ because if spectors general to publish reports gible thing that we can do to help they are trying to withhold documents within 3 days to ensure transparency achieve that common goal. from you, there is something in those and accountability. I urge my colleagues to pass S. 579 documents we need to see. I want to spend a little bit of time on today. I think if every agency knows that the transparency aspect of this. Like Mr. President, I ask unanimous con- the inspector general has access to doc- many places around the country, we sent to have printed in the RECORD an uments, it will have a deterrent effect have seen some real problems with the excellent article that appeared in the on people behaving badly with tax- VA health care system. There was a New York Times, as well as the letter payer money or engaging in self-deal- scandal in the Tomah facility in we received from Senator John Glenn. ing or other activities that frustrate Tomah, WI. The result of that tragedy There being no objection, the mate- taxpayers and heighten the level of was that people died. I will never forget rial was ordered to be printed in the cynicism that, frankly, right now is a call that I made to the surviving RECORD, as follows: breaking my heart in this country daughter of Mr. Thomas Baer, a vet- [From the New York Times, Nov. 27, 2015] about our government. eran who went to the Tomah facility TIGHTER LID ON RECORDS THREATENS TO I join with my Republican colleagues seeking care with stroke-like symp- WEAKEN GOVERNMENT WATCHDOGS today in asking unanimous consent for toms. Thomas Baer sat in the waiting (By Eric Lichtblau) this bill to be brought up. We have room for 2 or 3 hours. He suffered a WASHINGTON.—Justice Department watch- worked on it for years. It is time. I ap- couple of strokes and died. I talked to dogs ran into an unexpected roadblock last preciate the hard work of both on this, year when they began examining the role of his surviving daughter, Candace Baer, federal drug agents in the fatal shootings of and I stand shoulder to shoulder with and I will never forget the fact that she unarmed civilians during raids in Honduras. them trying to get this one across the said to me: Senator, had I only known, The Drug Enforcement Administration finish line. had I only known there were problems balked at turning over emails from senior of- The PRESIDING OFFICER. The Sen- with the Tomah VA health facility, I ficials tied to the raids, according to the de- ator from Wisconsin. never would have taken my father partment’s inspector general. It took nearly Mr. JOHNSON. Mr. President, I rise there, and my father would be alive a year of wrangling before the D.E.A. was today to urge my colleagues to pass S. today. That is how important trans- willing to turn over all its records in a case that the inspector general said raised ‘‘seri- 579, the Inspector General Empower- parency and accountability is. That is ment Act of 2015. I want to thank Sen- ous questions’’ about agents’ use of deadly what this bill restores to the inspectors force. ator MCCASKILL for her hard work on general. The continuing Honduran inquiry is one of this and her support and Senator Finally, the bill reiterates that in- at least 20 investigations across the govern- GRASSLEY for his many years as a real spectors general should have access to ment that have been slowed, stymied or

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.034 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8667 sometimes closed because of a long-sim- vestigation into the agency’s handling of al- National Security Agency, the government’s mering dispute between the Obama adminis- legations of sexual assaults against overseas sharing of intelligence information before tration and its own watchdogs over the volunteers. Congress mandated a review the 2013 Boston Marathon bombings, a noto- shrinking access of inspectors general to after a volunteer in Benin was murdered in rious gun-tracing operation known as ‘‘Fast confidential records, according to records 2009; several dozen volunteers reported that and Furious’’ and the deadly Honduran drug and interviews. the Peace Corps ignored or mishandled sex- raids. The impasse has hampered investigations ual abuse claims. In the case of the Honduran raids, the in- into an array of programs and abuse re- But Peace Corps lawyers initially refused spector general has been trying to piece to- ports—from allegations of sexual assaults in to turn over abuse reports, citing privacy re- gether the exact role of D.E.A. agents in par- the Peace Corps to the F.B.I.’s terrorism strictions. Even after reaching an agreement ticipating in, or even leading, a series of con- powers, officials said. And it has threatened opening up some material, Ms. Buller said troversial drug raids there beginning in 2011. to roll back more than three decades of pol- investigators have been able to get records Details of what happened remain sketchy icy giving the watchdogs unfettered access that are heavily redacted. even today, but drug agents in a helicopter to ‘‘all records’’ in their investigations. ‘‘It’s been incredibly frustrating,’’ she said. in 2012 reportedly killed four unarmed vil- ‘‘The bottom line is that we’re no longer ‘‘We have spent so much time and energy ar- lagers in a boat, including a pregnant woman independent,’’ Michael E. Horowitz, the Jus- guing with the agency over this issue.’’ and a 14-year-old boy, during a raid on sus- tice Department inspector general, said in an The Peace Corps said in a statement, how- pected drug smugglers in northeastern Hon- interview. ever, that it was committed to ‘‘rigorous duras. They also shot down several private The restrictions reflect a broader effort by oversight’’ and has cooperated fully with the planes—suspected of carrying drugs—in pos- the Obama administration to prevent unau- inspector general. sible violation of international law. thorized disclosures of sensitive informa- Agencies facing investigations are now An investigation by the Honduran govern- tion—at the expense, some watchdogs insist, sometimes relying on the Justice Depart- ment cleared American agents of responsi- of government oversight. ment’s opinion as justification for denying bility. But when the inspector general began Justice Department lawyers concluded in a records—even records that are not specifi- examining the case last year, D.E.A. officials legal opinion this summer that some pro- cally covered in the opinion, officials said. refused to turn over emails on the episodes At the Commerce Department, the inspec- tected records, like grand jury transcripts, from senior executives, the inspector gen- tor general this year shut down an internal wiretap intercepts and financial credit re- eral’s office said. Only after more than 11 audit of enforcement of international trade ports, could be kept off limits to government months of back-and-forth negotiations were investigators. The administration insists agreements because the department’s law- all the records turned over. yers, citing the Justice Department’s guid- there is no intention of curtailing investiga- The D.E.A. refused to comment on the ance, refused to turn over business records tions, but both Democrats and Republicans case, citing the investigation. A senior Jus- that they said were ‘‘proprietary’’ and pro- in Congress have expressed alarm and are tice Department official, speaking on the promising to restore full access to the tected. The Environmental Protection Agency’s condition of anonymity because of the con- watchdogs. tinuing review, said the refusal to turn over The new restrictions grew out of a five- inspector general has reported a series of the records was the flawed result of ‘‘a cul- year-old dispute within the Justice Depart- struggles with the organization over its ac- ture within the D.E.A.’’ at the time—and not ment. After a series of scathing reports by cess to documents, including records the the result of the Justice Department’s new Glenn Fine, then the Justice Department in- agency said were classified or covered by at- spector general, on F.B.I. abuses in counter- torney-client privilege. And investigators at legal restrictions. Mr. Horowitz, the inspector general, said terrorism programs, F.B.I. lawyers began as- the Postal Service, a special Afghanistan re- the long delay was a significant setback to serting in 2010 that he could no longer have construction board, and other federal agen- his investigation. He now hopes to complete access to certain confidential records be- cies have complained of tightened restric- the Honduran review early next year. cause they were legally protected. tions on investigative records as well. In the meantime, the watchdogs say they That led to a series of high-level Justice Hopes of a quick end to the impasse have are looking to Congress to intervene in a dis- Department reviews, a new procedure for re- dimmed in recent days after the Obama ad- pute with the administration that has be- viewing records requests and, ultimately, a ministration volunteered to restore full ac- come increasingly messy. formal opinion in July from the depart- cess for the Justice Department’s inspector ‘‘It’s essential to enshrine in the law that ment’s Office of Legal Counsel. That opinion, general—but not the other 71 watchdogs. the inspector general has access to all agen- which applies to federal agencies across the Attorney General Loretta E. Lynch, asked government, concluded that the 1978 law giv- about the issue at a House hearing last week, cy records,’’ said Mr. Fine, who is now the ing an inspector general access to ‘‘all said the proposal was intended to ensure, at Pentagon’s principal deputy inspector gen- records’’ in investigations did not nec- least at the Justice Department, ‘‘that the eral. ‘‘The underlying principle is key: To be essarily mean all records when it came to inspector general would receive all the infor- an effective inspector general, you need the material like wiretap intercepts and grand mation he needed.’’ right to receive timely access to all agency jury reports. But watchdogs outside the Justice Depart- records.’’ The inspector-general system was created ment said they would be left dependent on in 1978 in the wake of Watergate as an inde- the whims of agency officials in their inves- JULY 23, 2015. pendent check on government abuse, and it tigations. Hon. RON JOHNSON, has grown to include watchdogs at 72 federal ‘‘It’s no fix at all,’’ said Senator Charles E. Chairman, Committee on Homeland Security agencies. Their investigations have produced Grassley, Republican of Iowa, who leads the and Governmental Affairs. thousands of often searing public reports on Judiciary Committee. Hon. JASON CHAFFETZ, everything from secret terrorism programs In a rare show of bipartisanship, the ad- Chairman, Committee on Oversight and Govern- and disaster responses to boondoggles like a ministration has drawn scorn from Demo- ment Reform. lavish government conference in Las Vegas crats and Republicans. The Obama adminis- DEAR SENATOR JOHNSON AND REPRESENTA- in 2010 that featured a clown and a mind tration’s stance has ‘‘blocked what was once TIVE CHAFFETZ: Since the enactment of the reader. a free flow of information’’ to the watchdogs, Inspector General Act in 1978, the Inspectors Not surprisingly, tensions are common be- Senator Patrick J. Leahy of Vermont, the General have provided independent oversight tween the watchdogs and the officials they ranking Democrat on the Judiciary Com- of government programs and operations and investigate. President Ronald Reagan, in mittee, said at a hearing. pursued prosecution of criminal activity fact, fired 15 inspectors general in 1981. But A Justice Department spokeswoman, against the government’s interests. Rec- a number of scholars and investigators said Emily Pierce, said in a statement on Friday: ommendations from IG audits have led to the restrictions imposed by the Obama ad- ‘‘Justice Department leadership has issued improvements in the economy and efficiency ministration reflect a new level of acrimony. policy guidance to ensure that our inspector of government programs that have resulted ‘‘This is by far the most aggressive assault general gets the documents he requests as in better delivery of needed services to on the inspector general concept since the quickly as possible, even when those docu- countless citizens. Investigations of those beginning,’’ said Paul Light, a New York ments are protected by other statutes pro- who violate the public trust to enrich them- University professor who has studied the sys- tecting sensitive information. The depart- selves at the expense of honest taxpayers, of tem. ‘‘It’s the complete evisceration of the ment is unaware of any instance in which contractors who skirt the rules to illegally concept. You might as well fold them down. the inspector general has sought access to inflate their profits, and of others who devise They’ve become defanged.’’ documents or information protected from criminal schemes to defraud the government While President Obama has boasted of run- disclosure by statute and did not receive have led to billions of dollars being returned ning ‘‘the most transparent administration them.’’ to the U.S. Treasury. in history,’’ some watchdogs say the Nowhere has the fallout over the dispute The success of the IG Act is rooted in the clampdown has scaled back scrutiny of gov- been felt more acutely than at the Justice principles on which the Act is grounded— ernment programs. Department, where the inspector general’s independence, direct reporting to Congress, ‘‘This runs against transparency,’’ said the office said 14 investigations had been hin- dedicated staff and resources, unrestricted Peace Corps inspector general, Kathy Buller. dered by the restricted access. access to agency records, subpoena power, At the Peace Corps, her office began run- These include investigations into the special protections for agency employees ning into problems two years ago in an in- F.B.I.’s use of phone records collected by the who cooperate with the IG, and the ability

VerDate Sep 11 2014 03:01 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.005 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8668 CONGRESSIONAL RECORD — SENATE December 15, 2015 to refer criminal matters to the Department who was very much interested in mak- not following the law the way Congress of Justice without clearing such referrals ing sure that we had strong oversight intended? It ought to be welcome by through the agency. We considered these by Congress and that within the execu- any administration head. safeguards to be vital when we developed the tive branch, they had strong oversight Fights between an agency and its Act and they remain essential today. No own inspector general over access to other entity within government has the that the IG would do within a specific unique role and responsibility of Inspectors department. documents are a waste of taxpayers’ General, and their ability to accomplish Senator John Glenn of Ohio was one money and personnel time. The law re- their critical mission depends on the preser- of the chief architects of this legisla- quires that inspectors general have ac- vation of the principles underlying the In- tion. He said: ‘‘Full and unfettered ac- cess to all agency records—precisely, spector General Act. cess is vital to an IG’s ability to effec- by the way, to avoid these costly and In recent years, IGs have experienced chal- tively prevent and detect waste, fraud, time-consuming disputes. However, lenges to their ability to have independent and abuse in an agency’s programs and since 2010, a handful of agencies, led by access to records and information in their the FBI—and I respect the FBI, but in host agencies. Broad independent access to activities.’’ Here we are with what Senator John this case I don’t—has refused to com- such records is a fundamental tenet in the IG ply with this legal obligation. Act and to compromise or in any way erode Glenn said when he was a Member of such access would strike at the heart of im- this body and this legislation passed. The Justice Department claimed that portant law. In short, full and unfettered ac- Then we have one lawyer out of 2 mil- the inspector general could not access cess is vital to an IG’s ability to effectively lion executive branch employees inter- certain records until—guess what—de- prevent and detect fraud, waste, and abuse in preting a statute contrary to congres- partment leadership gave them permis- agency programs and activities. sional intent and then overriding it—in sion to do it, even though the law says The Inspector General Act has stood the other words, giving Cabinet heads op- they are entitled to all documents. Re- test of time. The billions of dollars recovered quiring private approval from agency for the government and the increased effi- portunities to avoid doing what the in- spector general law says and what an leadership for access to agency infor- ciency and effectiveness of government pro- mation undermines inspectors general grams and operations are a testament to the inspector general needs to do to do Act’s continued success. Any action that their job: have access to all records. independence. That is bad enough, but would impair the IG’s ability to achieve Senator MCCASKILL made that clear. it also causes wasteful delays. their mission—particularly the denial of full Senator JOHNSON made that clear. This After this access problem came to and independent access to agency records is a bipartisan effort coming unani- light, Congress took action. So we have and information—would have an immeas- mously out of this committee, that the 2015 Department of Justice Appro- urable adverse impact and severely damage this is an egregious attack on the pow- priations Act declaring—this is Con- their critical oversight function. For this ers of Congress and we can’t let one gress again declaring—that no funds reason, I urge you to take action to protect should be used to deny the inspector the independent access rights of Inspectors person out of 2 million people in the ex- ecutive branch of the government get general timely access to all records. In General. other words, just this year—or last Sincerely, away with it. Yet we seem to have year when the appropriations bill was JOHN GLENN, some problems getting it passed. I passed for 2015—we had Members of United States Senator (Ret.). don’t understand it. You try to explain Congress saying that this lawyer, out Mr. JOHNSON. Mr. President, I yield that to the people of this country, of 2 million executive branch employ- the floor. whether it is in New York City or ees, who is frustrating the will of Con- The PRESIDING OFFICER. The Sen- whether it is in Des Moines, IA. There ator from Iowa. gress is wrong. is no way this can be justified, that one This new law directed the inspector Mr. GRASSLEY. Mr. President, first lawyer out of 2 million people in the general to report to Congress within 5 of all, I wish to compliment Senator executive branch of government can days whenever there was a failure to MCCASKILL and Senator JOHNSON for issue an opinion and override the Con- comply with this requirement. In Feb- their leadership in bringing this bill gress of the United States. ruary alone, the Justice Department’s out of their committee—a committee I I intend to go into some detail about IG notified Congress of three separate don’t serve on but a bill that is very how I feel about this legislation, if my occasions in which the FBI failed to important to the oversight work of this colleagues haven’t come to that con- provide access to records requested for Senator, and I hope every Senator con- clusion already. To ensure account- oversight investigations. IGs for the siders it to be very important. I would ability and transparency in govern- Environmental Protection Agency, the say that I agree with everything they ment, Congress created inspectors gen- Department of Commerce, and the have said. I want to emphasize what eral, or IGs, as our eyes and ears within Peace Corps have experienced similar they said, and I want to take a few the executive branch. That is the fore- stonewalling. minutes to do that because I feel sight of one famous Senator and astro- Then, in July, the Justice Depart- strongly about this piece of legislation. naut by the name of John Glenn. But ment’s Office of Legal Counsel—that is There is an important principle IGs cannot do their job without timely this one lawyer out of 2 million em- here—a very important principle—that and independent access to all agency ployees—the Office of Legal Counsel re- we ought to keep in mind, because it is records. That is why this bill is called leased a memo arguing that we did not an insult to 100 Senators and 435 Mem- ‘‘all means all.’’ Agencies cannot be really mean ‘‘all records’’ when we put bers of the House of Representatives trusted not to restrict the flow of po- those words in the statute. Here we when legislation is written and it is ex- tentially embarrassing documents to have somebody in the Justice Depart- plained very clearly what that legisla- the IGs who oversee them. If the agen- ment—one person out of 2 million em- tion is supposed to accomplish: that an cies can keep IGs in the dark, then this ployees—trying to tell 535 Members of inspector general would have access to Congress will be kept in the dark as Congress what they meant when they all records. Then we have a lawyer in well. said ‘‘all’’ means all. So let me be the Office of Legal Counsel in the De- When Congress passed the Inspectors clear. We meant what we said in the IG partment of Justice—one person mak- General Act of 1978, the Congress ex- act: ‘‘All records’’ really means all ing an interpretation of a law that is plicitly said that IGs should have ac- records. contrary to congressional intent—that cess to all agency records. Inspectors I told my colleagues about the De- one person out of 2 million people in general are designed to be independent partment of Justice Appropriations the executive branch of government but to also be part of an agency. In- Act responding to this a year ago. Well, can override the will of 535 Members of spectors general are there to help agen- 1 week after this report was issued, Congress. That will was expressed way cy leadership identify and correct that the Office of Legal Counsel issued back in 1978. waste, fraud, and abuse. What Cabinet its awful legal opinion, Senator MIKUL- This is just a little different quote head wouldn’t want somebody in their SKI and Senator SHELBY—both out- from a letter Senator JOHNSON has al- department to have access to all standing members of the Committee on ready talked about from a respected records that show that maybe that de- Appropriations—sent a letter to the Member of this Senate for 24 or maybe partment isn’t spending money accord- Justice Department correcting the Of- 30 years, Senator John Glenn of Ohio, ing to congressional intent or maybe fice of Legal Counsel’s misreading of

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.009 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8669 the appropriations rider, also known as JOHNSON, MCCASKILL, ERNST, BALDWIN, quire witnesses outside the agency to section 218. I would like to read from CARPER, CORNYN, LANKFORD, COLLINS, talk to the IG can be critical in car- the Mikulski and Shelby letter: AYOTTE, KIRK, MIKULSKI, FISCHER, and rying out an inspector general’s statu- We write to inform you that the OLC’s in- WYDEN. It is bipartisan. tory duties or recovering wasted Fed- terpretation of section 218 is wrong and the I am grateful to each of them for eral funds. subsequent conclusion of our committee’s in- standing up with me for inspectors gen- The IG community recently provided tention is wrong. We expect the department eral. I especially want to thank Sen- me with numerous examples of actual, and all of its agencies to fully comply with ators JOHNSON and MCCASKILL, as I real-life cases that illustrate the need section 218 and to provide the Office of In- spector General with full and immediate ac- have already done, but do it again for to subpoena witnesses. cess to all records, documents, and other ma- working closely with me on this legis- Madam President, I ask unanimous terials in accordance with section 6(a) of the lation from the very beginning and for consent to have printed in the RECORD Inspectors General Act. their work in getting this bill through a document that lists these accounts. So we wrote a statute in 1978. We their committee. There being no objection, the mate- have no problems with it until this per- Let me tell you what this bill does. rial was ordered to be printed in the son—one lawyer out of 2 million execu- The Inspector General Empowerment RECORD, as follows: tive branch employees—writes an opin- Act includes further clarification that INSPECTORS GENERAL & TESTIMONIAL ion saying ‘‘all’’ doesn’t mean all. Then Congress intended IGs to have access SUBPOENA AUTHORITY we have Members of the body who are to all agency records, notwithstanding THE USE OF TESTIMONIAL SUBPOENA AUTHORITY insulted by that interpretation, and any other provision of law, unless Examples of when Testimonial Subpoena these Members write: No money in this other laws specifically state that IGs Authority Would Have Been Useful appropriations bill can be used to carry are not to receive such access. Below are examples where subjects of IG out that Office of Legal Counsel opin- Let me be clear. The purpose of this oversight could have been served with testi- ion. And, if they would have listened to provision is to nullify and overturn monial subpoena’s by an Inspector General: the members of the Appropriations this awful decision that this one law- 1. Among a number of schemes identified yer in the Department of Justice out of during a multiagency OIG investigation, Committee, Senator JOHNSON and Sen- Target owner of small businesses submitted ator MCCASKILL would not have to 2 million-plus Federal employees in the overlapping small business proposals to two work so hard to correct a bad opinion, executive branch issued this opinion. federal agencies and obtained funding for contrary to congressional intent, that These words, notwithstanding any both projects, approximately $500,000 from was written by the Office of Legal other provision of law, are key to ac- each agency. During the course of the Counsel. complishing that goal, but the bill does projects, the work funded by one of the agen- I applaud my colleagues on the Ap- much more than overturning the OLC cies was falsely reported out in project re- propriations Committee, particularly opinion, which has been roundly criti- ports to both agencies. National Science Foundation (NSF) OIG requested interviews Senators MIKULSKI and SHELBY, for cized by both sides of the aisle. It bol- with the Target owner and two of his com- standing up for the inspectors general. sters IG independence by preventing pany’s employees, and they initially agreed In early August I chaired a Judiciary agency heads from placing them on ar- through counsel to be interviewed. Committee hearing on the Office of bitrary and indefinite administrative However, during the first of the interviews, Legal Counsel opinion and the dev- leave. It promotes transparency by re- an employee confessed to having destroyed astating impact it is already having on quiring IGs to post more of their re- company timesheets and created new com- the work of inspectors general across ports online, including those involving pany time sheets in response to an IG sub- the country. Remember, the Office of misconduct by senior officials that the poena, and informed NSF OIG that he did so Legal Counsel is in the Justice Depart- Justice Department chose not to pros- at the Target’s request. After that interview, the Target declined to be interviewed. In ad- ment. Well, we had a Justice Depart- ecute. dition, a fourth employee declined to be ment witness before our committee Also, the bill equips IGs with tools interviewed about his timesheets and work disagree with the results of the Office they need to conduct effective inves- performed, which would have been relevant of Legal Counsel opinion and actually tigation, such as the ability to sub- to the fraud scheme. NSF OIG’s inability to support legislative action to solve the poena testimony from former Federal compel testimony negatively impacted our problem. employees. When employees of the U.S. ability to pursue the obstruction and other So following the hearing, 11 of my Government are accused of wrongdoing potential charges against the Target and colleagues and I sent a bipartisan—I or misconduct, IGs should be able to company employees. 2. In a matter involving a very senior level want to emphasize bipartisan—as well conduct a full and thorough investiga- Securities and Exchange Commission (SEC) as bicameral letter to the Department tion of those allegations. Getting to executive, instances of serious administra- of Justice and the entire inspectors the bottom of these allegations is nec- tive misconduct were being investigated. general community. In this letter, the essary to restore public trust. God only During the pendency of the investigation, chairs and ranking members of the knows how much restoration of public which had been declined criminally, the ex- committee of jurisdiction in both the trust in the government in Washington ecutive resigned and refused to cooperate House and the Senate asked for specific we have to restore. Unfortunately, em- any further. As a result, the investigation legislative language to reaffirm that ployees who may have violated that was completed without all of the investiga- tive steps completed that would have indi- ‘‘all’’ means all. As the witness from trust are often allowed to evade the cated whether the misconduct was simply the Justice Department said, there IGs inquiry by simply retiring from the the result of a ‘‘bad actor,’’ or whether there ought to be legislative language to cor- government. So the bill empowers IGs are more systemic issues that should be ad- rect this awful interpretation by one to obtain testimony from employees dressed by the agency. A testimonial sub- lawyer out of 2 million employees in like that. poena would ensure that the necessary inves- the executive branch, overriding 535 (Ms. AYOTTE assumed the Chair.) tigative steps could be completed. This is Members of Congress. Similarly, the bill helps IGs better particularly important in an agency like the It took the Justice Department 3 expose waste, fraud, and abuse by those SEC where employees are able to leave rath- months to respond to this letter, and who receive Federal funds. It enables er quickly for private sector jobs (the prover- bial ‘‘revolving door’’). its proposed language was far too nar- IGs to require testimony from govern- 3. The Peace Corps awarded a $1.5 million row to actually override this Office of ment contractors, subcontractors, contract to a small business under the 8(a) Legal Counsel opinion. However, the grantees, and subgrantees. Currently, Business Development Program, which is in- inspectors general community re- most IGs can subpoena documents from tended to provide eligible small disadvan- sponded to our letter within 2 weeks. entities from outside their agency. taged businesses additional opportunities to In September, a bipartisan group of However, most cannot subpoena testi- obtain certain government contracts. The Senators and I incorporated the core of mony, just documents—although there 8(a) Program requires that eligible small this language into the bill we are talk- are a few agencies that can. For exam- businesses perform a significant portion of the contract; however, an investigation dis- ing about today, S. 579. It is entitled ple, the inspector general for the De- closed that the small business did not com- the ‘‘Inspector General Empowerment fense Department and the Department ply with that requirement. Instead, the Act of 2015.’’ In total, 13 colleagues of Health and Human Services already small business allowed a large subcontractor have joined me on this bill: Senators have that authority. The ability to re- to perform nearly all of the work. Because

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Having testimonial subpoena would One request, associated with an IPO eval- ducted by the Consumer Product Safety have provided an important tool to more ef- uation of the transfer of ITAR controlled Commission (CPSC) OIG of allegations in- fectively pursue these cases. technology by MDA to NASA, was author- volving a CPSC Assistant General Counsel i. The first Target faked letters of support ized by the DoD IG but not served on the wit- representing a company obtain contracts to for his proposals, applied for duplicate pro- ness, a former NASA contractor, because the provide supplies to the DoD, records were ob- posals to multiple federal agencies, listed his witness belatedly agreed to be interviewed. tained from the CPSC, Department of the in-laws (over 90) as company employees, and Army, and DoD regarding several of the al- paid for his wife’s business facility with fed- Mr. GRASSLEY. Madam President, I leged (accused eventually pled guilty to eral funds. Target declined to be inter- also ask unanimous consent to have them) offenses. However, additional offenses viewed, negatively affecting NSF OIG’s abil- printed in the RECORD a letter I re- could not be proven as CPSC OIG had no au- ity to fully investigate the matter. ceived yesterday from the Project on thority to require US based members of the ii. The second Target provided financial re- Government Oversight. foreign company to submit to interviews or ports to NSF that did not match his com- provide testimonial information. CPSC OIG There being no objection, the mate- pany’s expenditure ledger for the award and rial was ordered to be printed in the requested interviews with both senior man- appeared to include personal expenditures. agers and agents of the company in question, The Target initially agreed to be interviewed RECORD, as follows: and although they initially agreed to be but canceled such interviews on multiple oc- POGO—PROJECT ON interviewed all later declined. casions, negatively affecting NSF OIG’s abil- GOVERNMENT OVERSIGHT, 5. During the course of a review conducted ity to fully investigate the matter. December 14, 2015. after Fast & Furious, DOJ OIG wanted to iii. The third Target made up a fake in- Hon. CHUCK GRASSLEY, interview a former U.S. Attorney in Arizona. vestment company to support a matching Hart Senate Office Building, When asked for a voluntary interview with award from the agency, and the individual Washington, DC. the then retired U.S. Attorney declined. DOJ Hon. CLAIRE MCCASKILL, OIG had no way to reach the retired U.S. At- who purportedly signed the investment let- Hart Senate Office Building, torney to elaborate on prior statements he ter as CFO did not sign the letter and never Washington, DC. had made. heard of the fake investment company. The 6. In a Farm Credit Administration OIG Target initially agreed to be interviewed by DEAR SENATOR GRASSLEY AND SENATOR case where a senior staff member retired dur- NSF OIG, but terminated the interview early MCCASKILL: The Project On Government ing an investigation, it was subsequently dis- on after understanding the implications of Oversight (POGO) is a nonpartisan inde- covered he/she had changed official docu- the NSF OIG investigation. Since then, he pendent watchdog that champions good gov- ments, impersonated an official and com- has declined to even comply with a subpoena ernment reforms. POGO’s investigations into mitted libel and slander, before retiring dur- for documents. corruption, misconduct, and conflicts of in- ing the middle of an investigation on other A CASE STUDY: DOD IG’S USE OF TESTIMONIAL terest achieve a more effective, accountable, matters. The former government employee SUBPOENA AUTHORITY open, and ethical federal government. Recog- was not receptive to interview post retire- Testimonial subpoena authority, found at nizing the vital role that Inspectors General ment and due to his retirement from govern- § 8(i) of the Inspector General Act of 1978, as (IG) play, POGO has investigated and worked ment service, there was no recourse. amended, 5 U.S.C. App., was originally pro- to improve the IG system since 2006. This 7. Peace Corps OIG, in the course of per- vided by § 1042 of the National Defense Au- work includes multiple reports on the IG forming an audit of one of the largest agency thorization Act of 2010, 111 Pub. L. 84. system, maintaining an IG vacancy tracker, contracts, discovered that an unauthorized Testimonial subpoena authority has never and working with Congress to incorporate subcontractor was performing the majority been delegated, but has always been re- needed reforms in the Inspector General Act of the work under the contract. The contract tained/exercised personally by the DoD IG. of 2008. In light of this work, we are writing was misidentified as a fixed-price contract, Internal procedures mandate that before a to thank you for introducing the Inspector did not include an IG audit clause, and the testimonial subpoena is issued: (1) the wit- General Empowerment Act of 2015, and to subcontractor was not in a direct contrac- ness, who cannot be a Federal employee, urge Congress to quickly pass this important tual relationship with Peace Corps. Peace must have declined a voluntary interview, (2) legislation. Corps OIG was hindered in examining poten- the interview must be expected to produce Inspectors General can make all the dif- tially false or fraudulent billing by having to information needed to resolve critical ference when it comes to creating a better rely solely on documentary subpoenas. issue(s) or corroborate essential facts, and (3) government, but Congress needs to ensure 8. NSF OIG conducted an investigation of the information sought cannot reasonably be that IGs have access to all the information two professors, a husband and wife, who both they need to do their job effectively. Federal served as Principal Investigators at a U.S. obtained through any other means. § 8(i)(3) of the IG Act requires the DoD IG agencies have begun to unreasonably chal- university and received grant funds from lenge IGs’ statutory right to access agency multiple federal agencies. The Targets also notify the Attorney General seven days be- fore issuing a testimonial subpoena. This no- data in attempts to prevent embarrassing had full time tenured positions at a foreign events from coming to light. It is essential university and used federal funds to travel to tice requirement has not hindered the DoD IG’s use of its testimonial subpoena author- that Congress act quickly to pass the Inspec- that foreign country, without disclosing tor General Empowerment Act of 2015 to pre- their affiliation in either grant proposals or ity. To date, since 2010, the DoD IG has consid- vent the overbroad interpretation of restric- the U.S. university. During the investiga- tions on IG authority from becoming accept- tion, the Targets declined, through counsel, ered a total of eight testimonial subpoena re- quests, all in connection with administrative ed law, allowing current and future waste, to be interviewed. The case was declined by fraud, and abuse to remain hidden. the U.S. attorney’s office, and ultimately by investigations: In order to serve as the eyes and ears of the state attorney general’s office. NSF Two requests were considered but denied Congress, an IG office must have an unre- OIG’s inability to interview these Targets because they failed to meet the internal pro- stricted view of the agency it oversees. This negatively affected NSF OIG’s ability to ob- cedures criteria. tain all relevant evidence to effectively pur- One request, associated with the Retired principle is enshrined in Section 6(a)(1) of sue grant fraud charges against the Targets. Military Advisor (RMA) administrative re- the Inspector General Act, which states that 9. The Farm Credit Administration OIG investigation, was authorized by the DoD IG each IG office shall have ‘‘access to all was advised of a contractor who was paid by and served on the witness, a former Assist- records, reports, audits, reviews, documents, the agency for contract services it had not ant Secretary of Defense for Public Affairs. papers, recommendations, or other material provided. Attempts to contact a company Two requests, also associated with the . . . which relate to programs and operations representative by mail and telephone were RMA administrative re-investigation, were with respect to which that Inspector General not productive (telephone messages were not authorized by the DoD IG but not served on has responsibilities under this Act.’’ It seems returned; certified mail not answered). For- the witnesses, a former Secretary of Defense crystal clear that ‘‘all’’ means all, but some tunately, OIG was able to prevail upon the and a former DoD General Counsel, because agencies have fought back against that idea. FBI who had contacts with the company rep- the witnesses belatedly agreed to be inter- The most blatant rejection of ‘‘all means resentative. Had the contractor not re- viewed voluntarily. all’’ can be found in the July 2015 opinion by sponded to the FBI contacts, the OIG would One request, associated with an internal the Department of Justice’s (DOJ) Office of have had little recourse in obtaining infor- administrative review of a DCIS investiga- Legal Counsel (OLC) that improperly limits mation from the contractor regarding recov- tion, was authorized by the DoD IG and IG access and caters to agency resistance to ery of the funds. There was a scarce amount served on the witness, a former DoD Deputy necessary oversight. If left unchallenged, of information regarding bank accounts to Inspector General for Investigations/ Acting this opinion will allow agencies’ incorrect subpoena for financial records. A testimonial Chief of Staff. interpretation of Section 6(a)(1) to become subpoena would have been instrumental One request, associated with an Audit Pol- de facto law. The OLC’s opinion states that under those circumstances. icy review of DCAA, was authorized by the the unfettered access afforded by Section

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.022 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8671 6(a) of the Inspector General Act is super- getting approval from the very officials they was once a free flow of information’’ seded by specific restrictions on the dissemi- are supposed to oversee. Additionally, under and Senator LEAHY called for a perma- nation of Title III, grand jury, and FCRA in- current law, IGs can only compel testimony nent legislative solution. Senator COR- formation. The OLC concluded, for instance, from federal employees. This means that that the IG office may not be entitled to ob- former federal employees, contractors, or NYN noted that the Office of Legal tain these records when conducting financial grant recipients can refuse to testify before Counsel opinion is ‘‘ignoring the man- audits and other administrative and civil re- an IG in the course of an investigation. This date of Congress’’ and undermining the views that are only tangentially related to bill would provide IGs with testimonial sub- oversight authority that Congress has DOJ’s criminal and law enforcement activi- poena power over these individuals, and under the Constitution. Senator TILLIS ties. POGO disagrees with this interpreta- allow for fuller and more effective oversight stated that the need to fix this access tion because it rests upon a clear misreading of federal programs and agencies. problem was ‘‘a blinding flash of the In the light of the erroneous July OLC of the common language Congress made obvious’’ and that ‘‘we all seem to be in clear in the law. opinion, it is urgent that Congress act now Congressional leaders on both sides of the to make sure IGs have the ability to func- violent agreement that we need to cor- aisle have rightly condemned the OLC’s tion as intended. Not correcting this prece- rect this.’’ opinion, according to which ‘‘all records’’ dent now will cripple current and future IGs However, some Members raised con- does not mean ‘‘all records.’’ POGO believes and in turn limit Congress’s and the public’s cern about guaranteeing IGs unchecked this OLC opinion makes a mockery of the en- ability to oversee the executive branch and access to certain national security in- tire IG system: these offices cannot possibly hold it accountable. formation. Fortunately, we were able be effective watchdogs on behalf of Congress Sincerely, to agree on some changes to the bill and the American public if agencies restrict DANIELLE BRIAN, IG access and force them to negotiate with Executive Director. that addressed those concerns, without gutting the core of the bill. We made agency leaders for access on a case-by-case Mr. GRASSLEY. Madam President, these concessions so the bill can pass basis. Agency records provide the raw mate- the Project on Government Oversight rials IG offices need to fulfill their statutory by unanimous consent. This Senator is a nonpartisan, independent watchdog responsibilities. The very purpose of having thanks my colleagues who worked with an independent IG is undermined if the office that has been advocating good govern- ment reforms for decades. In this letter me to arrive at this compromise. has to seek the agency’s permission in order As we move forward, it is important the Project on Government Oversight to carry out its mission. Unless Congress to note the following: First, I am not acts quickly, this OLC opinion will gut the expresses its support for this bill in aware of a single instance in which an IG system and prevent meaningful oversight. general and for provisions that equip IG has mishandled any classified or While many federal agencies handle inspectors general with the authority sensitive operational information. IGs records that are highly sensitive and legiti- to require testimony. Let it be clear mately withheld from public dissemination, are subject to the same restrictions on that the bill also imposes limitations that does not mean they should be withheld on the authority of IGs to require tes- disclosing information as everyone else from IG offices, or by extension from Con- in the agency they oversee. gress, both of which offer independent over- timony. There are several procedural protec- Second, the Executive orders re- sight and recommendations to improve agen- stricting and controlling classified in- cy operations. Secret agency programs are tions in place to ensure that this au- particularly susceptible to waste, fraud, and thority is exercised wisely. For exam- formation are issued under the Presi- abuse, but IG offices cannot uncover or cor- ple, the subpoena must be approved by dent’s constitutional authority. Natu- rect these problems without access to agency a designated panel of three other IGs. rally, this bill does not attempt to records. Agency actions that deny access to It is then referred to the Attorney Gen- limit that constitutional authority at those records violate our system of checks eral. For those IGs who can already all. It just clarifies that no law can and balances, and do so unduly, as IGs have prevent an IG from obtaining docu- proven they can responsibly handle sensitive subpoena witnesses’ testimony, I am not aware of any instances in which it ments from the agency it oversees un- information. less the statute explicitly states that For example, the DOJ Office of the Inspec- has been misused. In fact, the inspector tor General (OIG) has shown that it can ef- general for the Department of Defense IG access should be restricted. No one fectively and responsibly oversee the most has established a policy that spells out thinks this statute could supersede the sensitive DOJ operations without jeopard- additional procedures and safeguards President’s constitutional authority. izing law enforcement actions. It has re- to ensure the subjects of subpoenas are Third, there is already a provision in viewed grand jury materials and other sen- treated fairly. I am confident the rest law that allows the Secretary of De- sitive records when it examined the FBI’s po- fense to prohibit an Inspector General tential targeting of domestic advocacy of the IG community will be just as scrupulous in providing appropriate review to protect vital national secu- groups, the FBI’s efforts to access records of rity interests and to protect sensitive reporters’ toll calls during a media leak protection for the use of this author- probe, the President’s Surveillance Program, ity. You see, we all win when inspec- operational information. We agreed to and the firing of U.S. Attorneys, among tors general can do their jobs. Most im- clarify that already existing provision other important and high-profile cases. portantly, the public is better served to include the ability to restrict access Congress needs to clarify that IG offices when IGs are able to shine light in the to information as well as to prevent a must be granted access to all agency records government operation and stewardship review from occurring. However, we notwithstanding any other existing or future of taxpayer dollars. kept the language in that provision law or any other prohibition on disclosure, that requires notification to Congress including but not limited to: 1) the federal In September we attempted to pass rules of criminal procedure; 2) Title III; 3) this important bill by unanimous con- whenever that authority to restrict an the FCRA; and 4) laws such as the Kate sent. It has been nearly 3 months since IG’s access to information is exercised. Puzey Act that restrict the dissemination of leadership asked whether any Senator After making these changes, we at- personally identifiable information. In addi- would object. Not one Senator has put tempted to hotline the revised bill last tion, Congress should specify that agencies a statement in the RECORD or come to week. Since then, no Senator has pub- do not waive the attorney-client or other the floor to object publicly. At the Au- licly stated any other concerns. The common law privileges when records are gust Judiciary Committee hearing, cosponsors have worked hard behind turned over to IG offices. The Inspector Gen- there was a clear consensus that Con- the scenes over the past 3 months in eral Empowerment Act of 2015 addresses this good faith to accommodate the con- issue and corrects the troublesome OLC gress needed to act legislatively and memo. However, until Congress passes the needed to overturn this Office of Legal cerns of any and all Members willing to bill, that memo can be and has been used to Counsel opinion that one person out of work with us. Now the time has come block oversight. 2-plus million employees in the execu- to pass this bill. We all lose when In- The bill also addresses other improper tive branch overruled this 1978 act that spectors General are delayed or pre- challenges to IG access. Under the Computer the inspector general ought to be enti- vented from doing their work. Matching and Privacy Protection Act tled to all information. Every day that I urge my colleagues to stand up for (CMPPA), IGs must get approval from agen- goes by without fixing the opinion of Inspectors General, overturn the Office cy leaders in order to match the computer of Legal Counsel opinion, and restore records of one federal agency against other the Office of Legal Counsel is another federal and non-federal records. The Inspec- day that watchdogs across government the intent of the Inspector General tor General Empowerment Act of 2015 would can be stonewalled. Act. All IGs should have access and exempt IG offices from the CMPPA so they At that hearing, Senator LEAHY said timely independent access to all agen- can access records at other agencies without this access problem is ‘‘blocking what cy records. The most important thing

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.023 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8672 CONGRESSIONAL RECORD — SENATE December 15, 2015 is the principle that not one lawyer— because the VA inspector general held Obama’s Iranian nuclear deal that will that any one lawyer in the Department 140 reports on inspections and inves- very soon—as early as next month, ac- of Justice or any agency of government tigations, the family of Thomas Baer cording to the terms of the agree- doesn’t have a right to override the did not realize there were problems. ment—be sending tens of billions of opinion of the Congress expressed in a They took their father to that health dollars to the biggest sponsor of ter- statute so clearly as this is expressed. care facility and their father died of a rorism in the world. Madam President, at this time I ask stroke because of neglect. That is how There are many things that are going unanimous consent that the Senate important this is. Yet we cannot even on in this body right now. We are look- proceed to the immediate consider- hear the reason behind the objection as ing at the spending bills, and there is a ation of Calendar No. 68, S. 579, the In- to why they would not allow this very lot of concern about terrorism. As a spector General Empowerment Act of commonsense piece of legislation to matter of fact, polling is showing that 2015; I further ask consent that the pass. right now terrorism is ranking as the Johnson substitute amendment be This is very disappointing. highest concern for Americans—higher agreed to; that the bill, as amended, be With that, I yield the floor. even than the economy—given the at- read a third time and passed and the Mr. GRASSLEY. I suggest the ab- tacks in California and what is hap- motion to reconsider be considered sence of a quorum. pening with ISIS. made and laid upon the table. The PRESIDING OFFICER (Mr. Amidst all of these challenges, how- The PRESIDING OFFICER. Is there GARDNER). The clerk will call the roll. ever, the implementation of the Obama objection? The senior assistant legislative clerk administration’s nuclear deal with Iran Mr. REID. Objection. proceeded to call the roll. is looming on the horizon and is not The PRESIDING OFFICER. Objec- Mr. GRASSLEY. Mr. President, I ask being talked about enough in this tion is heard. unanimous consent that the order for body. It is critical that we keep our eye Mr. GRASSLEY. Will the Senator the quorum call be rescinded. on Iran—still the world’s largest state yield for a question? The PRESIDING OFFICER. Without sponsor of terrorism—particularly now. The PRESIDING OFFICER. The Sen- objection, it is so ordered. Why is it so critical now? Because, as I ator from Iowa has the floor. Mr. GRASSLEY. Mr. President, I noted, as early as next month, in Janu- Mr. GRASSLEY. Madam President, have a unanimous consent request. ary, tens of billions of dollars of sanc- will the Senator yield for a question? f tions relief will be pouring into the Mr. REID. Yes. country of Iran according to the terms Mr. GRASSLEY. May I ask on whose EXTENSION OF MORNING of the agreement. behalf the minority leader is objecting? BUSINESS I commend my colleague from New Is it on his own behalf or on behalf of Mr. GRASSLEY. Mr. President, I ask Jersey, Senator MENENDEZ. I was pre- another Senator? unanimous consent that morning busi- siding last week in the Senate, and Mr. REID. Other Senators are con- ness be extended until 6 p.m. today. once again he gave another out- cerned about it, and I made the objec- The PRESIDING OFFICER. Without standing speech on American foreign tion on my behalf. objection, it is so ordered. policy, on American national security, Mr. GRASSLEY. I will not question Mr. GRASSLEY. Mr. President, I on what is going on with Iran, what is what the minority leader just said, but suggest the absence of a quorum. going on with their activities desta- it seems to me we ought to know who The PRESIDING OFFICER. The bilizing the Middle East, what is going that Senator is besides the minority clerk will call the roll. on with their activities which are as we leader because Senator WYDEN and I The senior assistant legislative clerk speak violating the Iran U.N. Security have worked very hard over the last 10 proceeded to call the roll. Council resolutions. years, and we finally got done what we Mr. SULLIVAN. Mr. President, I ask Yes, I know we debated this issue for thought was a very good measure for unanimous consent that the order for a long time on the Senate floor, and I this body; that the people who put the quorum call be rescinded. am sure some of my colleagues who holds on legislation ought to be made The PRESIDING OFFICER. Without voted on this deal are done and they public, and there has been nothing in objection, it is so ordered. don’t want to talk about it anymore. the RECORD. So why don’t these people f Mr. President, if you recall, one of have guts enough to put in the RECORD the arguments to support this deal, one NUCLEAR AGREEMENT WITH IRAN their reasons and who they are? The of the arguments the President was public has a right to know that. Mr. SULLIVAN. Mr. President, I rise making was that—we were told this Mr. REID. I am it. today to revisit an issue that some in deal would change Iran’s behavior. Mr. JOHNSON. Will the Senator this body I am sure, no doubt, would President Obama stated that the deal yield for a question? probably not want to revisit. My inten- ‘‘demonstrates that if Iran complies Mr. REID. No. tion is not to cause any of my col- with its international obligations, then Mr. JOHNSON addressed the Chair. leagues discomfort, but this is an it can fully rejoin the community of The PRESIDING OFFICER. The Sen- issue—and the Presiding Officer knows nations.’’ The words of the text of the ator from Wisconsin. more than most—that needs to be dis- agreement even state that the United Mr. JOHNSON. Madam President, I cussed, and the Presiding Officer has States is ‘‘expressing its desire to build want to rise and voice my disappoint- done a great job of discussing it. I a new relationship with Iran.’’ And, of ment. This is a very commonsense think it has become pretty clear to course, Secretary Kerry, in hearings piece of legislation that has strong bi- most Americans and many Members of and in private briefings with the Sen- partisan support. Senator GRASSLEY this body that this body made a mis- ate, noted that he thought—and you has worked tirelessly on this and cer- take a few months back, a mistake saw his actions—that the agreement tainly our committee has as well. We with significant consequences for our would establish a much more positive cannot get a simple, commonsense bi- security, for the security of the Middle and constructive relationship between partisan piece of legislation passed by East, and certainly a mistake as it re- Iran and the United States. So that the Senate—and then the insult of not lates to some of our own American citi- was one of the arguments for the deal even hearing what the objection is. zens. For the first time in U.S. history we voted on. How is that working out? What is the objection to giving the on a national security agreement of Well, I think we have gotten a new re- inspectors general the tools they need major importance, the mistake that lationship with Iran, all right, but it is to provide the accountability and the was made was the Congress of the worse than the old one. transparency to safeguard American United States moved forward to ap- Since the signing of the Iranian deal, taxpayer money? prove an agreement not on the basis of Iran has taken deliberative steps, de- I cited my example of the Potomac a bipartisan majority, which is the his- finitive steps that continue to under- Healthcare system, the Potomac VA tory of this country, but on the basis of mine the security interests of the health care system, where because an a partisan minority in both Houses. Of United States and our allies and those inspector general was not transparent course, I am talking about President of our citizens in almost every region,

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.042 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8673 in almost every realm. Every action rity Council Resolution 1929. In my would be quietly released. But, like ev- the Iranians have taken has seemed to view, that is a violation of the Iran erything else since the signing of this want to increase tension between us, agreement. agreement, the American hostage situ- Iran, and some of our allies. This is what our Ambassador to the ation in Iran has actually gotten I wish to provide some examples. Al- U.N. stated. She said that the missiles worse. most as soon as the ink was dry on this Iran tested only months after we I wish to read the names and describe agreement, the Iran regime and its passed the agreement are ‘‘inherently a little bit about the Americans who leaders continued doing what they capable of delivering a nuclear weap- are currently being held in Iran. typically do: chanting ‘‘Death to Amer- on.’’ So they are testing missiles with Amir Hekmati of Michigan, a U.S. ica.’’ And more specifically, the Aya- that capability. This should concern all marine, was detained in Iran in 2011 tollah Khamenei predicted that the Zi- Americans. What should really concern while visiting Iranian relatives and was onist regime—of course he is referring all Americans right now is that despite sentenced to 10 years in prison for espi- to Israel—will be ‘‘nothing’’ in 25 Ambassador Power’s statement, it ap- onage—a U.S. marine who proudly years. It is another one of his ref- pears the Obama administration is served his country. I am a marine. We erences to wiping Israel off the map— looking to do nothing on this violation don’t leave our fellow marines on the after the agreement. Then he stated, of of the U.N. Security Council resolu- battlefield, but evidently the Obama the 25-year period, ‘‘Until then, strug- tion. administration has not learned that gling, heroic, and jihadi morale will This is how my colleague from Ten- lesson. leave no moment of serenity for the Zi- nessee, the chairman of the Foreign Saeed Abedini of Idaho, a Christian pastor, was detained in Iran in 2012 and onists.’’ That is the leader of the coun- Relations Committee, BOB CORKER, put try we did this deal with—after we it: sentenced to 8 years in prison on charges related to his religious beliefs. signed the agreement. So it is still cer- Iran violates U.N. Security Council resolu- tainly provocative in that regard. tions because it knows neither this adminis- Again, an American is languishing in How about its funding of Hezbollah, tration nor the U.N. Security Council is like- Iranian jail right now, a pastor. Robert Levinson of Florida, a former one of its terrorist proxies around the ly to take any action. Instead, the adminis- official of the FBI, disappeared in 2007. world? It is still full speed ahead. There tration remains paralyzed and responds to Iran’s violations with empty words, with Iran’s leaders denied knowledge of are estimates of up to $200 million a condemnation, and concern. Levinson’s whereabouts or any involve- year. That continues after the signing. ment in his disappearance. How about abiding by U.N. Security As I mentioned, last week my col- league from New Jersey, Senator Most recently, Siamak Namazi, a Council resolutions, such as the one Dubai-based businessman, was arrested that prevents the Quds Force com- MENENDEZ, gave an outstanding speech on this issue on December 8, and he after the signing of this Iranian nu- mander, General Soleimani, from trav- clear deal—after the signing—was ar- eling? Well, we know that was violated. noted—similar to Senator CORKER— that the Obama administration’s reac- rested by the Iranian Government As a matter of fact, Soleimani went to while visiting relatives in Iran. Right Moscow to meet with Putin to discuss tion has been muted, almost one of si- lence. now, any charges against him are un- arms transfers, likely in violation of known. That happened on October 15. the U.N. Security Council resolution— Mr. President, there is more. A re- port from the International Atomic Of course, Jason Rezaian of Cali- the resolution that bans conventional fornia—a journalist for the Washington weapons from being imported to Iran. Energy Agency, which we were all an- ticipating, just recently came out and Post, who was credentialed as a jour- So that was another violation, and nalist by the Government of Iran—has they are likely planning another one. stated that Iran pursued nuclear weap- ons in secret until 2009—longer than been detained for over 500 days and re- Let me remind this body about the cently—again, after the signing of the Quds Force commander. This is what previously believed. So the country we are doing this deal with, at least ac- agreement with President Obama—was former U.S. Army Chief of Staff GEN sentenced to an undisclosed prison for Ray Odierno said about him: cording to the IAEA, has been lying to the world. an undisclosed term for espionage. Qassem Soleimani is the one who has been Iran has been caught lying and cheat- That is five Americans right now. I exporting malign activities throughout the don’t have to remind my colleagues Middle East for some time now. He’s abso- ing. It is testing ballistic missiles against the U.N. Security Council Res- that it is the holiday season. It is a lutely responsible for killing many Ameri- time for families and loved ones to cans. In fact, I would say the last two years olution 1929 and others; it is still fund- I was there the majority of our casualties ing global terrorism; it is sending thou- come together, to be with each other. came from his surrogates, not Sunni or al sands of troops to Syria to prop up But what about the families of these Qaeda. Assad; it has sent the man with the Americans? Who is thinking about This is the person who is negotiating blood of thousands of American sol- them? with Putin to trade arms—likely in diers on his hands to Russia to talk Secretary Kerry and President violation of another U.N. Security about arms trading, in likely further Obama should be on the phone every Council resolution. violation of U.N. Security Council reso- day working for their release, but that What about his troops? Well, we have lutions; and, of course, it is still chant- is clearly not happening. As the Wash- seen an increase of Iranian troops in ing ‘‘Death to America’’ and talking ington Post editorial board put it re- Syria. General Dunford, the current about wiping Israel off the face of the cently: Chairman of the Joint Chiefs of Staff, Earth—all since the Obama adminis- Iran appears content to allow Mr. Rezaian and the other Americans to rot in prison in- predicted that there are about 2,000 tration signed the Iranian nuclear definitely, even as the regime collects more troops in Syria helping to lead the agreement. than $100 billion in sanctions relief and is fight to save Assad and working with There is one more outrage, perhaps granted the role it has long sought as a re- the Russians to do that. the worst one, in my view. In a direct gional power. That should not be an accept- How about Iran’s compliance with affront to the United States and our able outcome. U.N. Security Council Resolution 1929, citizens, Iran is still holding five Amer- That is the Washington Post. That is which bans its ballistic missile pro- icans against their will in that coun- the Washington Post editorial—‘‘That gram? Remember that issue? We de- try. Think about that. Many of us who should not be an acceptable outcome.’’ bated that issue on the floor. General closely watched the negotiations No, it shouldn’t. It should not. Dempsey, the Chairman of the Joint thought surely, surely Secretary All of this begs some very obvious Chiefs, said that under no cir- Kerry—who had enormous leverage; questions. Given Iran’s consistent pro- cumstances should we agree to lifting the entire world was aligned against vocative actions against U.S. interests that ban, but we did in the deal. Now Iran—would surely use that leverage to and our citizens since the signing of we are learning that Iran has tested get our citizens free, or maybe if he the Iran deal and given that one of the not one but two ballistic missiles on wasn’t going to do it as part of the promises of the deal—better relations October 11 and November 21 in likely— deal, there would be some kind of side with Iran, more constructive behavior almost certain—violation of U.N. Secu- agreement after the signing that they from Iran—has proven to be utterly

VerDate Sep 11 2014 03:01 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.043 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8674 CONGRESSIONAL RECORD — SENATE December 15, 2015 false, why in the world are we moving Call John Kerry. Here is the number other certificates issued by the Federal Avia- full steam ahead with the lifting of to the State Department switchboard: tion Administration, to require the revision sanctions as early as next month? (202) 647–4000. Tell him: Mr. Secretary, of the third class medical certification regu- Think about that. Why indeed are we get on the phone. Release these pris- lations issued by the Federal Aviation Ad- ministration, and for other purposes. getting ready to release tens of billions oners; release our citizens or don’t give of dollars to the world’s biggest spon- Iran any of the billions of dollars they The PRESIDING OFFICER. Is there sor of state terrorism when we know think they are going to get next objection to proceeding to the meas- the additional money will only em- month. ure? bolden Iran? Just think how they are Second, I agreed with my colleague The Senator from Connecticut. acting now. When they have tens of bil- Senator MENENDEZ when he gave his Mr. BLUMENTHAL. Mr. President, lions of dollars to further their ter- speech last week that we need to keep reserving the right to object, I have rorist activities, it will embolden them the leverage against Iran by tightening worked hard, and I—— to act in even more nefarious ways the full range of sanctions available to Mr. INHOFE. Will the Senator yield against our interests and those of our us to penalize Iran for violating U.N. for one question? allies and, most importantly, those of Security Council resolutions, as they Mr. BLUMENTHAL. Certainly, I will American citizens. have done within the last month. In his yield. Another question: Why aren’t the speech he also said we need to reau- Mr. INHOFE. This is the request to President and Secretary Kerry at a thorize the Iran Sanctions Act. I agree move to the calendar number, and the minimum telling the Iranians they with him, and this body should take next request would be for the consider- won’t see one dime—one dime—of the action to do just that. ation. billions and billions of dollars we are Finally, I am working to get support Mr. BLUMENTHAL. Then I will be set to hand over to the Iranians until for a simple bill that would prevent the happy to yield at this point. all five Americans are released from President from lifting sanctions until The PRESIDING OFFICER. Is there prison? Why aren’t we using that lever- Iran is no longer designated a state objection to proceeding to the meas- age? That leverage is going to go away sponsor of terrorism and until Iran re- ure? as soon as we release that money. leases our five citizens who are lan- There being no objection, the Senate Why are we getting ready to release guishing in their jails. proceeded to consider the bill, which tens of billions of dollars to Iran when With all due respect to my colleagues had been reported from the Committee it is clear they are going to simply vio- who voted for this agreement, I believe on Commerce, Science, and Transpor- late this agreement? That is not just this body made an enormous mistake tation, with an amendment to strike my view. Former Senator and Sec- by allowing the President’s nuclear all after the enacting clause and insert retary of State Hillary Clinton was agreement to move forward. Iran’s ac- in lieu thereof the following: quoted as saying just last week that it tions since the signing of this agree- SECTION 1. SHORT TITLE. is not if, but when, Iran will violate ment—day after day, against the inter- This Act may be cited as ‘‘Pilot’s Bill of President Obama’s nuclear agreement. Rights 2’’. Just last week she stated: ‘‘They are ests of the United States and our citi- going to violate it.’’ Former Senator, zens—have made this 100 percent clear. SEC. 2. MEDICAL CERTIFICATION OF CERTAIN This mistake can be undone. We SMALL AIRCRAFT PILOTS. former Secretary of State Hillary Clin- (a) IN GENERAL.—Not later than 180 days ton knows a little about the issue. She don’t have to allow Iran access to tens of billions of dollars in sanctions relief after the date of enactment of this Act, the Ad- helped negotiate it. ‘‘They are going to ministrator of the Federal Aviation Administra- violate it,’’ she said. ‘‘They are going while they continue to destabilize the tion shall issue or revise regulations to ensure to violate it, they are going to be pro- Middle East, while they continue their that an individual may operate as pilot in com- vocative about it, and we need to re- robust expansive terrorist activities mand of a covered aircraft if— spond quickly and very harshly.’’ That throughout the world. And we cer- (1) the individual possesses a valid driver’s li- is the former Secretary of State. tainly—and this is a message for the cense issued by a State, territory, or possession President of the United States and the of the United States and complies with all med- Well, I agree with the former Sec- ical requirements or restrictions associated with retary of State—the Iranians are going Secretary of State. We certainly don’t have to allow them the tens of billions that license; to violate this agreement. In fact, it is (2) the individual holds a medical certificate very likely the Iranians have already of dollars while Iran retains and de- issued by the Federal Aviation Administration violated this agreement with their U.N. tains Americans on trumped-up on the date of enactment of this Act, held such Security Council resolution violations. charges in Iranian jails, with no pros- a certificate at any point during the 10-year pe- So what should we do? pect for release. As the Washington riod preceding such date of enactment, or ob- First, for any Americans listening, Post put it, ‘‘That should not be an ac- tains such a certificate after such date of enact- watching, who care about this issue, I ceptable outcome.’’ ment; urge you to call the President, call the Mr. President, I yield the floor. (3) the most recent medical certificate issued Secretary of State, call the White by the Federal Aviation Administration to the f individual— House, call the State Department. Tell EXTENSION OF MORNING (A) indicates whether the certificate is first, them something that I believe the vast, BUSINESS second, or third class; vast majority of Americans agree with: (B) may include authorization for special Our government should not be reliev- Mr. INHOFE. Mr. President, I ask issuance; ing Iran of any sanctions while it con- unanimous consent that the Senate be (C) may be expired; tinues to illegally hold five Americans in a period of morning business, with (D) cannot have been revoked or suspended; hostage. We should demand of our Senators permitted to speak therein and President that he should not allow tens for up to 10 minutes each. (E) cannot have been withdrawn; of billions of dollars to flood into the The PRESIDING OFFICER (Mr. (4) the most recent application for airman medical certification submitted to the Federal biggest terrorist regime in the world HOEVEN). Without objection, it is so or- Aviation Administration by the individual can- while our citizens languish in Iranian dered. not have been completed and denied; jails. This is simple, and it is just f (5) the individual has completed a medical wrong. education course described in subsection (c) dur- We need to light up the switchboard. PILOT’S BILL OF RIGHTS 2 ing the 24 calendar months before acting as pilot Let President Obama know. Here is the Mr. INHOFE. Mr. President, I ask in command of a covered aircraft and dem- number to the White House switch- unanimous consent that the Senate onstrates proof of completion of the course; board: (202) 456–1414. Call the President proceed to the immediate consider- (6) the individual, when serving as a pilot in and tell him you think it is fundamen- ation of Calendar No. 319, S. 571. command, is under the care and treatment of a The PRESIDING OFFICER. The physician if the individual has been diagnosed tally wrong to let five Americans lan- with any medical condition that may impact the guish in prison while we are getting clerk will report the bill by title. ability of the individual to fly; ready to send the biggest terrorist re- The bill clerk read as follows: (7) the individual has received a comprehen- gime in the world tens of billions of A bill (S. 571) to amend the Pilot’s Bill of sive medical examination from a State-licensed dollars. Rights to facilitate appeals and to apply to physician during the previous 48 months and—

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 6333 E:\CR\FM\G15DE6.045 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8675 (A) prior to the examination, the individual— (X) skin; (C) a certification by the individual that the (i) completed the individual’s section of the (XI) G-U system (not including pelvic exam- individual is under the care and treatment of a checklist described in subsection (b); and ination); physician if the individual has been diagnosed (ii) provided the completed checklist to the (XII) upper and lower extremities (strength with any medical condition that may impact the physician performing the examination; and and range of motion); ability of the individual to fly, as required (B) the physician conducted the comprehen- (XIII) spine and other musculoskeletal; under (a)(6); sive medical examination in accordance with the (XIV) identifying body marks, scars, and tat- (D) a form that includes— checklist described in subsection (b), checking toos (size and location); (i) the name, address, telephone number, and each item specified during the examination and (XV) lymphatics; airman certificate number of the individual; addressing, as medically appropriate, every (XVI) neurologic (tendon reflexes, equi- (ii) the name, address, telephone number, and medical condition listed, and any medications librium, senses, cranial nerves, and coordina- State medical license number of the physician the individual is taking; and tion, etc.); performing the comprehensive medical examina- (8) the individual is operating in accordance (XVII) psychiatric (appearance, behavior, tion required in subsection (a)(7); with the following conditions: mood, communication, and memory); (iii) the date of the comprehensive medical ex- (A) The covered aircraft is carrying not more (XVIII) general systemic; amination required in subsection (a)(7); and than 5 passengers. (XIX) hearing; (iv) a certification by the individual that the (XX) vision (distant, near, and intermediate (B) The individual is operating the covered checklist described in subsection (b) was fol- vision, field of vision, color vision, and ocular aircraft under visual flight rules or instrument lowed in the comprehensive medical examination alignment); flight rules. required in subsection (a)(7); and (XXI) blood pressure and pulse; and (E) a statement, which shall be printed, and (C) The flight, including each portion of that (XXII) anything else the physician, in his or signed by the individual certifying that the indi- flight, is not carried out— her medical judgment, considers necessary; (i) for compensation or hire, including that no (ii) to exercise medical discretion to address, vidual understands the existing prohibition on passenger or property on the flight is being car- as medically appropriate, any medical condi- operations during medical deficiency by stating: ried for compensation or hire; tions identified, and to exercise medical discre- ‘‘I understand that I cannot act as pilot in com- (ii) at an altitude that is more than 18,000 feet tion in determining whether any medical tests mand, or any other capacity as a required flight above mean sea level; are warranted as part of the comprehensive crew member, if I know or have reason to know (iii) outside the United States, unless author- medical examination; of any medical condition that would make me ized by the country in which the flight is con- (iii) to discuss all drugs the individual reports unable to operate the aircraft in a safe man- ducted; or taking (prescription and nonprescription) and ner.’’. (iv) at an indicated air speed exceeding 250 their potential to interfere with the safe oper- (d) NATIONAL DRIVER REGISTER.—The author- knots. ation of an aircraft or motor vehicle; ization under subsection (c)(10)(B) shall be an (b) COMPREHENSIVE MEDICAL EXAMINATION.— (iv) to sign the checklist, stating: ‘‘I certify authorization for a single access to the informa- (1) IN GENERAL.—Not later than 180 days after that I discussed all items on this checklist with tion contained in the National Driver Register. the date of enactment of this Act, the Adminis- the individual during my examination, dis- (e) SPECIAL ISSUANCE PROCESS.— trator shall develop a checklist for an individual cussed any medications the individual is taking (1) IN GENERAL.—An individual who has to complete and provide to the physician per- that could interfere with their ability to safely qualified for the third-class medical certificate forming the comprehensive medical examination operate an aircraft or motor vehicle, and per- exemption under subsection (a) and is seeking to required in subsection (a)(7). formed an examination that included all of the serve as a pilot in command of a covered aircraft (2) REQUIREMENTS.—The checklist shall con- items on this checklist.’’; and shall be required to have completed the process tain— (v) to provide the date the comprehensive med- for obtaining an Authorization for Special (A) a section, for the individual to complete ical examination was completed, and the physi- Issuance of a Medical Certificate for each of the that contains— cian’s full name, address, telephone number, following: (i) boxes 3 through 13 and boxes 16 through 19 and State medical license number. (A) A mental health disorder, limited to an es- of the Federal Aviation Administration Form (3) LOGBOOK.—The completed checklist shall tablished medical history or clinical diagnosis 8500-8 (3-99); be retained in the individual’s logbook and of— (ii) a signature line for the individual to af- made available on request. (i) personality disorder that is severe enough firm that— (c) MEDICAL EDUCATION COURSE REQUIRE- to have repeatedly manifested itself by overt (I) the answers provided by the individual on MENTS.—The medical education course described acts; that checklist, including the individual’s an- in this subsection shall— (ii) psychosis, defined as a case in which an swers regarding medical history, are true and (1) be available on the Internet free of charge; individual— complete; (2) be developed and periodically updated in (I) has manifested delusions, hallucinations, (II) the individual understands that he or she coordination with representatives of relevant grossly bizarre or disorganized behavior, or is prohibited under Federal Aviation Adminis- nonprofit and not-for-profit general aviation other commonly accepted symptoms of psy- tration regulations from acting as pilot in com- stakeholder groups; chosis; or mand, or any other capacity as a required flight (3) educate pilots on conducting medical self- (II) may reasonably be expected to manifest crew member, if he or she knows or has reason assessments; delusions, hallucinations, grossly bizarre or dis- to know of any medical deficiency or medically (4) advise pilots on identifying warning signs organized behavior, or other commonly accepted disqualifying condition that would make the in- of potential serious medical conditions; symptoms of psychosis; dividual unable to operate the aircraft in a safe (5) identify risk mitigation strategies for med- (iii) bipolar disorder; or manner; and ical conditions; (iv) substance dependence within the previous (III) the individual is aware of the regulations (6) increase awareness of the impacts of po- 2 years, as defined in section 67.307(a)(4) of title pertaining to the prohibition on operations dur- tentially impairing over-the-counter and pre- 14, Code of Federal Regulations. ing medical deficiency and has no medically dis- scription drug medications; (B) A neurological disorder, limited to an es- qualifying conditions in accordance with appli- (7) encourage regular medical examinations tablished medical history or clinical diagnosis of cable law; and consultations with primary care physicians; any of the following: (B) a section with instructions for the indi- (8) inform pilots of the regulations pertaining (i) Epilepsy. vidual to provide the completed checklist to the to the prohibition on operations during medical (ii) Disturbance of consciousness without sat- physician performing the comprehensive medical deficiency and medically disqualifying condi- isfactory medical explanation of the cause. examination required in subsection (a)(7); and tions; (iii) A transient loss of control of nervous sys- (C) a section, for the physician to complete, (9) provide the checklist developed by the Fed- tem functions without satisfactory medical ex- that instructs the physician— eral Aviation Administration in accordance with planation of the cause. (i) to perform a clinical examination of— subsection (b); and (C) A cardiovascular condition, limited to a (I) head, face, neck, and scalp; (10) upon successful completion of the course, one-time special issuance for each diagnosis of (II) nose, sinuses, mouth, and throat; electronically provide to the individual and the following: (III) ears, general (internal and external ca- transmit to the Federal Aviation Administra- (i) Myocardial infraction. nals), and eardrums (perforation); tion— (ii) Coronary heart disease that has required (IV) eyes (general), ophthalmoscopic, pupils (A) a certification of completion of the medical treatment. (equality and reaction), and ocular motility (as- education course, which shall be printed and re- (iii) Cardiac valve replacement. sociated parallel movement, nystagmus); tained in the individual’s logbook and made (iv) Heart replacement. (V) lungs and chest (not including breast ex- available upon request, and shall contain the (2) SPECIAL RULE FOR CARDIOVASCULAR CONDI- amination); individual’s name, address, and airman certifi- TIONS.—In the case of an individual with a car- (VI) heart (precordial activity, rhythm, cate number; diovascular condition, the process for obtaining sounds, and murmurs); (B) subject to subsection (d), a release author- an Authorization for Special Issuance of a Med- (VII) vascular system (pulse, amplitude, and izing the National Driver Register through a ical Certificate shall be satisfied with the suc- character, and arms, legs, and others); designated State Department of Motor Vehicles cessful completion of an appropriate clinical (VIII) abdomen and viscera (including her- to furnish to the Federal Aviation Administra- evaluation without a mandatory wait period. nia); tion information pertaining to the individual’s (3) SPECIAL RULE FOR MENTAL HEALTH CONDI- (IX) anus (not including digital examination); driving record; TIONS.—

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 6333 E:\CR\FM\A15DE6.021 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8676 CONGRESSIONAL RECORD — SENATE December 15, 2015 (A) In the case of an individual with a clini- duce the amount of time needed to review and the applicant denied an airman certificate by cally diagnosed mental health condition, the decide special issuance cases. the Administrator. third-class medical certificate exemption under (h) REPORT REQUIRED.—Not later than 5 ‘‘(B) In an appeal of an order issued by the subsection (a) shall not apply if— years after the date of enactment of this Act, Administrator under section 44709 of title 49, (i) in the judgment of the individual’s State- the Administrator, in coordination with the Na- United States Code, the burden of proof shall be licensed medical specialist, the condition— tional Transportation Safety Board, shall sub- upon the Administrator.’’; and (I) renders the individual unable to safely per- mit to the Committee on Commerce, Science, and (4) by adding at the end the following: form the duties or exercise the airman privileges Transportation of the Senate and the Committee ‘‘(4) APPLICABILITY OF ADMINISTRATIVE PRO- described in subsection (a)(8); or on Transportation and Infrastructure of the CEDURE ACT.—Notwithstanding paragraph (II) may reasonably be expected to make the House of Representatives a report that describes (1)(A) of this subsection or subsection (a)(1) of individual unable to perform the duties or exer- the effect of the regulations issued or revised section 554 of title 5, United States Code, section cise the privileges described in subsection (a)(8); under subsection (a) and includes statistics with 554 of such title shall apply to adjudications of or respect to changes in small aircraft activity and the Administrator and the National Transpor- (ii) the individual’s driver’s license is revoked safety incidents. tation Safety Board to the same extent as that by the issuing agency as a result of a clinically (i) PROHIBITION ON ENFORCEMENT ACTIONS.— section applied to such adjudications before the diagnosed mental health condition. Beginning on the date that is 1 year after the date of enactment of the Pilot’s Bill of Rights (B) Subject to subparagraph (A), an indi- date of enactment of this Act, the Administrator 2.’’. (c) NOTIFICATION OF INVESTIGATION.—Sub- vidual clinically diagnosed with a mental health may not take an enforcement action for not section (b) of section 2 of the Pilot’s Bill of condition shall certify every 2 years, in conjunc- holding a valid third-class medical certificate Rights (Public Law 112–153; 126 Stat. 1159; 49 tion with the certification under subsection against a pilot of a covered aircraft for a flight, U.S.C. 44703 note) is amended— (c)(10)(C), that the individual is under the care through a good faith effort, if the pilot and the (1) in paragraph (2)(A), by inserting ‘‘and the of a State-licensed medical specialist for that flight meet the applicable requirements under specific activity on which the investigation is mental health condition. subsection (a), except paragraph (5), unless the (4) SPECIAL RULE FOR NEUROLOGICAL CONDI- based’’ after ‘‘nature of the investigation’’; and Administrator has published final regulations in (2) in paragraph (3), by striking ‘‘timely’’; and TIONS.— the Federal Register under that subsection. (3) in paragraph (5), by striking ‘‘section (A) In the case of an individual with a clini- (j) COVERED AIRCRAFT DEFINED.—In this sec- 44709(c)(2)’’ and inserting ‘‘section 44709(e)(2)’’. cally diagnosed neurological condition, the tion, the term ‘‘covered aircraft’’ means an air- (d) RELEASE OF INVESTIGATIVE REPORTS.—Sec- third-class medical certificate exemption under craft that— tion 2 of the Pilot’s Bill of Rights (Public Law subsection (a) shall not apply if— (1) is authorized under Federal law to carry 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) is (i) in the judgment of the individual’s State- not more than 6 occupants; and further amended by inserting after subsection licensed medical specialist, the condition— (2) has a maximum certificated takeoff weight (e) the following: (I) renders the individual unable to safely per- of not more than 6,000 pounds. ‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— form the duties or exercise the airman privileges (k) OPERATIONS COVERED.—The provisions ‘‘(1) IN GENERAL.— described in subsection (a)(8); or and requirements covered in this section do not ‘‘(A) EMERGENCY ORDERS.—In any proceeding (II) may reasonably be expected to make the apply to pilots who elect to operate under the conducted under part 821 of title 49, Code of individual unable to perform the duties or exer- medical requirements under subsection (b) or Federal Regulations, relating to the amendment, cise the privileges described in subsection (a)(8); subsection (c) of section 61.23 of title 14, Code of modification, suspension, or revocation of an or Federal Regulations. airman certificate, in which the Administrator (ii) the individual’s driver’s license is revoked SEC. 3. EXPANSION OF PILOT’S BILL OF RIGHTS. issues an emergency order under subsections (d) by the issuing agency as a result of a clinically and (e) of section 44709, section 44710, or section (a) APPEALS OF SUSPENDED AND REVOKED AIR- diagnosed neurological condition. 46105(c) of title 49, United States Code, or an- MAN CERTIFICATES.—Section 2(d)(1) of the Pi- (B) Subject to subparagraph (A), an indi- other order that takes effect immediately, the vidual clinically diagnosed with a neurological lot’s Bill of Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended by Administrator shall provide to the individual condition shall certify every 2 years, in conjunc- holding the airman certificate the releasable tion with the certification under subsection striking ‘‘or imposing a punitive civil action or an emergency order of revocation under sub- portion of the investigative report at the time (c)(10)(C), that the individual is under the care the Administrator issues the order. If the com- of a State-licensed medical specialist for that sections (d) and (e) of section 44709 of such title’’ and inserting ‘‘suspending or revoking an plete Report of Investigation is not available at neurological condition. the time the Emergency Order is issued, the Ad- (f) IDENTIFICATION OF ADDITIONAL MEDICAL airman certificate under section 44709(d) of such title, or imposing an emergency order of revoca- ministrator shall issue all portions of the report CONDITIONS FOR THE CACI PROGRAM.— that are available at the time and shall provide (1) IN GENERAL.—Not later than 180 days after tion under subsections (d) and (e) of section 44709 of such title’’. the full report within 5 days of its completion. the date of enactment of this Act, the Adminis- ‘‘(B) OTHER ORDERS.—In any non-emergency (b) DE NOVO REVIEW BY DISTRICT COURT; trator shall review and identify additional med- proceeding conducted under part 821 of title 49, BURDEN OF PROOF .—Section 2(e) of the Pilot’s ical conditions that could be added to the pro- Code of Federal Regulations, relating to the Bill of Rights (Public Law 112–153; 126 Stat. gram known as the Conditions AMEs Can Issue amendment, modification, suspension, or rev- 1159; 49 U.S.C. 44703 note) is amended— (CACI) program. ocation of an airman certificate, in which the (1) by amending paragraph (1) to read as fol- (2) CONSULTATIONS.—In carrying out para- Administrator notifies the certificate holder of a lows: graph (1), the Administrator shall consult with proposed certificate action under subsections (b) ‘‘(1) IN GENERAL.—In an appeal filed under aviation, medical, and union stakeholders. and (c) of section 44709 or section 44710 of title subsection (d) in a United States district court (3) REPORT REQUIRED.—Not later than 180 49, United States Code, the Administrator shall, with respect to a denial, suspension, or revoca- days after the date of enactment of this Act, the upon the written request of the covered certifi- tion of an airman certificate by the Adminis- Administrator shall submit to the Committee on cate holder and at any time after that notifica- trator— Commerce, Science, and Transportation of the tion, provide to the covered certificate holder ‘‘(A) the district court shall review the denial, Senate and the Committee on Transportation the releasable portion of the investigative re- suspension, or revocation de novo, including and Infrastructure of the House of Representa- port. by— tives a report listing the medical conditions that ‘‘(2) MOTION FOR DISMISSAL.—If the Adminis- have been added to the CACI program under ‘‘(i) conducting a full independent review of trator does not provide the releasable portions of paragraph (1). the complete administrative record of the denial, the investigative report to the individual hold- (g) EXPEDITED AUTHORIZATION FOR SPECIAL suspension, or revocation; ing the airman certificate subject to the pro- ISSUANCE OF A MEDICAL CERTIFICATE.— ‘‘(ii) permitting additional discovery and the ceeding referred to in paragraph (1) by the time (1) IN GENERAL.—The Administrator shall im- taking of additional evidence; and required by that paragraph, the individual may plement procedures to expedite the process for ‘‘(iii) making the findings of fact and conclu- move to dismiss the complaint of the Adminis- obtaining an Authorization for Special Issuance sions of law required by Rule 52 of the Federal trator or for other relief and, unless the Admin- of a Medical Certificate under section 67.401 of Rules of Civil Procedure without being bound to istrator establishes good cause for the failure to title 14, Code of Federal Regulations. any findings of fact of the Administrator or the provide the investigative report or for a lack of (2) CONSULTATIONS.—In carrying out para- National Transportation Safety Board.’’; timeliness, the administrative law judge shall graph (1), the Administrator shall consult with (2) by redesignating paragraph (2) as para- order such relief as the judge considers appro- aviation, medical, and union stakeholders. graph (3); and priate. (3) REPORT REQUIRED.—Not later than 1 year (3) by inserting after paragraph (1) the fol- ‘‘(3) RELEASABLE PORTION OF INVESTIGATIVE after the date of enactment of this Act, the Ad- lowing: REPORT.—For purposes of paragraph (1), the re- ministrator shall submit to the Committee on ‘‘(2) BURDEN OF PROOF.—In an appeal filed leasable portion of an investigative report is all Commerce, Science, and Transportation of the under subsection (d) in a United States district information in the report, except for the fol- Senate and the Committee on Transportation court after an exhaustion of administrative rem- lowing: and Infrastructure of the House of Representa- edies, the burden of proof shall be as follows: ‘‘(A) Information that is privileged. tives a report describing how the procedures im- ‘‘(A) In an appeal of the denial of an applica- ‘‘(B) Information that constitutes work prod- plemented under paragraph (1) will streamline tion for the issuance or renewal of an airman uct or reflects internal deliberative process. the process for obtaining an Authorization for certificate under section 44703 of title 49, United ‘‘(C) Information that would disclose the iden- Special Issuance of a Medical Certificate and re- States Code, the burden of proof shall be upon tity of a confidential source.

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 6333 E:\CR\FM\A15DE6.021 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8677 ‘‘(D) Information the disclosure of which is under section 44703 of this title after a reexam- repository under subsection (a)(2)(B) is final prohibited by any other provision of law. ination of the airman holding the certificate un- and published, the Administrator may not take ‘‘(E) Information that is not relevant to the less the Administrator determines that the air- any enforcement action against an airman for a subject matter of the proceeding. man— violation of a NOTAM during a flight if— ‘‘(F) Information the Administrator can dem- ‘‘(i) lacks the technical skills and competency, ‘‘(i) that NOTAM is not available through the onstrate is withheld for good cause. or care, judgment, and responsibility, necessary repository before the commencement of the ‘‘(G) Sensitive security information, as defined to hold and safely exercise the privileges of the flight; and in section 15.5 of title 49, Code of Federal Regu- certificate; or ‘‘(ii) that NOTAM is not reasonably accessible lations (or any corresponding similar ruling or ‘‘(ii) materially contributed to the issuance of and identifiable to the airman. the certificate by fraudulent means. regulation). ‘‘(B) EXCEPTION FOR NATIONAL SECURITY.— ‘‘(B) STANDARD OF REVIEW.—Any order of the ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this Subparagraph (A) shall not apply in the case of Administrator under this paragraph shall be subsection shall be construed to prevent the Ad- an enforcement action for a violation of a subject to the standard of review provided for ministrator from releasing to an individual sub- NOTAM that directly relates to national secu- under section 2 of the Pilot’s Bill of Rights (49 ject to an investigation described in subsection rity.’’. (b)(1)— U.S.C. 44703 note).’’. ‘‘(A) information in addition to the informa- (c) CONFORMING AMENDMENTS.—Section SEC. 6. ACCESSIBILITY OF CERTAIN FLIGHT tion included in the releasable portion of the in- 44709(d)(1) of title 49, United States Code, is DATA. vestigative report; or amended— (a) IN GENERAL.—Subchapter I of chapter 471 ‘‘(B) a copy of the investigative report before (1) in subparagraph (A), by striking ‘‘sub- of title 49, United States Code, is amended by in- the Administrator issues a complaint.’’. section (b)(1)(A)’’ and inserting ‘‘subsection serting after section 47124 the following: SEC. 4. LIMITATIONS ON REEXAMINATION OF (b)(1)(A)(i)’’; and ‘‘§ 47124a. Accessibility of certain flight data CERTIFICATE HOLDERS. (2) in subparagraph (B), by striking ‘‘sub- ‘‘(a) DEFINITIONS.—In this section: (a) IN GENERAL.—Section 44709(a) of title 49, section (b)(1)(B)’’ and inserting ‘‘subsection ‘‘(1) ADMINISTRATION.—The term ‘Administra- United States Code, is amended— (b)(1)(A)(ii)’’. tion’ means the Federal Aviation Administra- (1) by striking ‘‘The Administrator’’ and in- SEC. 5. EXPEDITING UPDATES TO NOTAM PRO- tion. serting the following: GRAM. ‘‘(1) IN GENERAL.—The Administrator’’; (a) IN GENERAL.— ‘‘(2) ADMINISTRATOR.—The term ‘Adminis- (2) by striking ‘‘reexamine’’ and inserting ‘‘, (1) Beginning on the date that is 180 days trator’ means the Administrator of the Federal except as provided in paragraph (2), reexam- after the date of enactment of this Act, the Ad- Aviation Administration. ine’’; and ministrator of the Federal Aviation Administra- ‘‘(3) APPLICABLE INDIVIDUAL.—The term ‘ap- (3) by adding at the end the following: tion may not take any enforcement action plicable individual’ means an individual who is ‘‘(2) LIMITATION ON THE REEXAMINATION OF against any individual for a violation of a the subject of an investigation initiated by the AIRMAN CERTIFICATES.— NOTAM (as defined in section 3 of the Pilot’s Administrator related to a covered flight record. ‘‘(A) IN GENERAL.—The Administrator may not Bill of Rights (49 U.S.C. 44701 note)) until the ‘‘(4) CONTRACT TOWER.—The term ‘contract reexamine an airman holding a student, sport, Administrator certifies to the appropriate con- tower’ means an air traffic control tower pro- recreational, or private pilot certificate issued gressional committees that the Administrator viding air traffic control services pursuant to a under section 44703 of this title if the reexamina- has complied with the requirements of section 3 contract with the Administration under the con- tion is ordered as a result of an event involving of the Pilot’s Bill of Rights, as amended by this tract air traffic control tower program under the fault of the Federal Aviation Administration section. section 47124(b)(3). or its designee, unless the Administrator has (2) In this subsection, the term ‘‘appropriate ‘‘(5) COVERED FLIGHT RECORD.—The term ‘cov- reasonable grounds— congressional committees’’ means— ered flight record’ means any air traffic data (as ‘‘(i) to establish that the airman may not be (A) the Committee on Commerce, Science, and defined in section 2(b)(4)(B) of the Pilot’s Bill of qualified to exercise the privileges of a par- Transportation of the Senate; and Rights (49 U.S.C. 44703 note)), created, main- ticular certificate or rating, based upon an act (B) the Committee on Transportation and In- tained, or controlled by any program of the Ad- or omission committed by the airman while exer- frastructure of the House of Representatives. ministration, including any program of the Ad- cising those privileges, after the certificate or (b) AMENDMENTS.—Section 3 of the Pilot’s Bill ministration carried out by employees or con- rating was issued by the Federal Aviation Ad- of Rights (Public Law 112–153; 126 Stat. 1162; 49 tractors of the Administration, such as contract ministration or its designee; or U.S.C. 44701 note) is amended— towers, flight service stations, and controller (1) in subsection (a)(2)— ‘‘(ii) to demonstrate that the airman obtained training programs. (A) in the matter preceding subparagraph the certificate or the rating through fraudulent ‘‘(b) PROVISION OF COVERED FLIGHT RECORD means or through an examination that was sub- (A)— (i) by striking ‘‘this Act’’ and inserting ‘‘the TO ADMINISTRATION.— stantially and demonstrably inadequate to es- Pilot’s Bill of Rights 2’’; and ‘‘(1) REQUESTS.—Whenever the Administration tablish the airman’s qualifications. (ii) by striking ‘‘begin’’ and inserting ‘‘com- receives a written request for a covered flight ‘‘(B) NOTIFICATION REQUIREMENTS.—Before plete the implementation of’’; record from an applicable individual and the taking any action to reexamine an airman (B) by amending subparagraph (B) to read as covered flight record is not in the possession of under subparagraph (A), the Administrator follows: the Administration, the Administrator shall re- shall provide to the airman— ‘‘(B) to continue developing and modernizing quest the covered flight record from the contract ‘‘(i) a reasonable basis, described in detail, for the NOTAM repository, in a public central loca- tower or other contractor of the Administration requesting the reexamination; and tion, to maintain and archive all NOTAMs, in- in possession of the covered flight record. ‘‘(ii) any information gathered by the Federal cluding the original content and form of the no- ‘‘(2) PROVISION OF RECORDS.—Any covered Aviation Administration, that the Administrator tices, the original date of publication, and any flight record created, maintained, or controlled determines is appropriate to provide, such as the amendments to such notices with the date of by a contract tower or another contractor of the scope and nature of the requested reexamina- each amendment, in a manner that is Internet- Administration that maintains covered flight tion, that formed the basis for that justifica- accessible, machine-readable, and searchable;’’; records shall be provided to the Administration tion.’’. (C) in subparagraph (C), by striking the pe- if the Administration requests the record pursu- (b) AMENDMENT, MODIFICATION, SUSPENSION, riod at the end and inserting a semicolon; and ant to paragraph (1). OR REVOCATION OF AIRMAN CERTIFICATES AFTER (D) by adding at the end the following: ‘‘(3) NOTICE OF PROPOSED CERTIFICATE AC- REEXAMINATION.—Section 44709(b) of title 49, ‘‘(D) to specify the times during which tem- TION.—If the Administrator has issued, or subse- United States Code, is amended— porary flight restrictions are in effect and the quently issues, a Notice of Proposed Certificate (1) in paragraph (1), by redesignating sub- duration of a designation of special use airspace Action relying on evidence contained in the cov- paragraphs (A) and (B) as clauses (i) and (ii), in a specific area.’’; and ered flight record and the individual who is the respectively, and indenting appropriately; (2) by amending subsection (d) to read as fol- (2) by redesignating paragraphs (1) and (2) as subject of an investigation has requested the lows: record, the Administrator shall promptly subparagraphs (A) and (B), respectively, and ‘‘(d) DESIGNATION OF REPOSITORY AS SOLE indenting appropriately; produce the record and extend the time the indi- SOURCE FOR NOTAMS.— vidual has to respond to the Notice of Proposed (3) in the matter preceding subparagraph (A), ‘‘(1) IN GENERAL.—The Administrator— Certificate Action until the covered flight record as redesignated, by striking ‘‘The Adminis- ‘‘(A) shall consider the repository for is provided. trator’’ and inserting the following: NOTAMs under subsection (a)(2)(B) to be the ‘‘(1) IN GENERAL.—Except as provided in para- sole location for airmen to check for NOTAMs; ‘‘(c) IMPLEMENTATION.— graph (2), the Administrator’’; and and ‘‘(1) IN GENERAL.—Not later than 180 days (4) by adding at the end the following: ‘‘(B) may not consider a NOTAM to be an- after the date of enactment of the Pilot’s Bill of ‘‘(2) AMENDMENTS, MODIFICATIONS, SUSPEN- nounced or published until the NOTAM is in- Rights 2, the Administrator shall promulgate SIONS, AND REVOCATIONS OF AIRMAN CERTIFI- cluded in the repository for NOTAMs under sub- regulations or guidance to ensure compliance CATES AFTER REEXAMINATION.— section (a)(2)(B). with this section. ‘‘(A) IN GENERAL.—The Administrator may not ‘‘(2) PROHIBITION ON TAKING ACTION FOR VIO- ‘‘(2) COMPLIANCE BY CONTRACTORS.— issue an order to amend, modify, suspend, or re- LATIONS OF NOTAMS NOT IN REPOSITORY.— ‘‘(A) Compliance with this section by a con- voke an airman certificate held by a student, ‘‘(A) IN GENERAL.—Except as provided in sub- tract tower or other contractor of the Adminis- sport, recreational, or private pilot and issued paragraph (B), beginning on the date that the tration that maintains covered flight records

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 6333 E:\CR\FM\A15DE6.021 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8678 CONGRESSIONAL RECORD — SENATE December 15, 2015 shall be included as a material term in any con- The PRESIDING OFFICER. Without during the 24 calendar months before acting tract between the Administration and the con- objection, it is so ordered. as pilot in command of a covered aircraft tract tower or contractor entered into or re- The amendment (No. 2928) was agreed and demonstrates proof of completion of the newed on or after the date of enactment of the to, as follows: course; Pilot’s Bill of Rights 2. (6) the individual, when serving as a pilot ‘‘(B) Subparagraph (A) shall not apply to any (Purpose: To clarify the administrative au- in command, is under the care and treatment contract or agreement in effect on the date of thorities and to improve the physician cer- enactment of the Pilot’s Bill of Rights 2 unless tification) of a physician if the individual has been di- the contract or agreement is renegotiated, re- On page 37, line 12, after the period, insert agnosed with any medical condition that newed, or modified after that date.’’. the following: ‘‘I certify that I am not aware may impact the ability of the individual to (b) TECHNICAL AND CONFORMING AMEND- of any medical condition that, as presently fly; MENTS.—The table of contents for chapter 471 of treated, could interfere with the individual’s (7) the individual has received a com- title 49, United States Code, is amended by in- ability to safely operate an aircraft.’’. prehensive medical examination from a serting after the item relating to section 47124 On page 40, line 6, insert ‘‘and signed by State-licensed physician during the previous the following: the physician’’ after ‘‘followed’’. On page 48, between lines 3 and 4, insert 48 months and— ‘‘47124a. Accessibility of certain flight data.’’. the following: (A) prior to the examination, the indi- SEC. 7. AUTHORITY FOR LEGAL COUNSEL TO (l) AUTHORITY TO REQUIRE ADDITIONAL IN- vidual— ISSUE CERTAIN NOTICES. (i) completed the individual’s section of Not later than 180 days after the date of en- FORMATION.— actment of this Act, the Administrator of the (1) IN GENERAL.—If the Administrator re- the checklist described in subsection (b); and Federal Aviation Administration shall revise ceives credible or urgent information, in- (ii) provided the completed checklist to the section 13.11 of title 14, Code of Federal Regula- cluding from the National Driver Register or physician performing the examination; and tions, to authorize legal counsel of the Federal the Administrator’s Safety Hotline, that re- (B) the physician conducted the com- Aviation Administration to close enforcement flects on an individual’s ability to safely op- prehensive medical examination in accord- actions covered by that section with a warning erate a covered aircraft under the third-class ance with the checklist described in sub- notice, letter of correction, or other administra- medical certificate exemption in subsection section (b), checking each item specified dur- tive action. (a), the Administrator may require the indi- ing the examination and addressing, as medi- Mr. INHOFE. Mr. President, I further vidual to provide additional information or cally appropriate, every medical condition history so that the Administrator may de- listed, and any medications the individual is ask unanimous consent that the Fein- termine whether the individual is safe to taking; and stein amendment be agreed to; that the continue operating a covered aircraft. (8) the individual is operating in accord- committee-reported substitute, as (2) USE OF INFORMATION.—The Adminis- amended, be agreed to; that the bill, as trator may use credible or urgent informa- ance with the following conditions: amended, be read a third time and tion received under paragraph (1) to request (A) The covered aircraft is carrying not passed; and that the motion to recon- an individual to provide additional informa- more than 5 passengers. sider be considered made and laid upon tion or to take actions under section 44709(b) (B) The individual is operating the covered the table. of title 49, United States Code. aircraft under visual flight rules or instru- The PRESIDING OFFICER. Is there The committee-reported amendment ment flight rules. objection? in the nature of a substitute, as amend- (C) The flight, including each portion of The Senator from Connecticut. ed, was agreed to. that flight, is not carried out— Mr. BLUMENTHAL. Mr. President, The bill (S. 571), as amended, was or- (i) for compensation or hire, including that reserving the right to object, I want to dered to be engrossed for a third read- no passenger or property on the flight is thank the Senator from Oklahoma for ing, was read the third time, and being carried for compensation or hire; his hard work and his dedication to the passed, as follows: (ii) at an altitude that is more than 18,000 feet above mean sea level; Pilot’s Bill of Rights, which is before S. 571 (iii) outside the United States, unless au- us now, and I know he has in his heart Be it enacted by the Senate and House of Rep- thorized by the country in which the flight is and mind the best interests of our avia- resentatives of the United States of America in conducted; or tion public. Congress assembled, (iv) at an indicated air speed exceeding 250 I have sought to improve this bill. I SECTION 1. SHORT TITLE. have had strong concerns about a num- This Act may be cited as ‘‘Pilot’s Bill of knots. ber of its provisions. I want to thank Rights 2’’. (b) COMPREHENSIVE MEDICAL EXAMINA- him and thank Senator THUNE, Senator SEC. 2. MEDICAL CERTIFICATION OF CERTAIN TION.— NELSON, and Senator MANCHIN, as well SMALL AIRCRAFT PILOTS. (1) IN GENERAL.—Not later than 180 days (a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the as Senator FEINSTEIN and Senator after the date of enactment of this Act, the Administrator shall develop a checklist for REED, for the improvements they have Administrator of the Federal Aviation Ad- made to the bill. But I feel, with all ministration shall issue or revise regulations an individual to complete and provide to the due respect, that problems remain. to ensure that an individual may operate as physician performing the comprehensive We have an effective medical certifi- pilot in command of a covered aircraft if— medical examination required in subsection cation system now which, unfortu- (1) the individual possesses a valid driver’s (a)(7). nately, this bill undermines, in my license issued by a State, territory, or pos- (2) REQUIREMENTS.—The checklist shall view. This bill replaces it with an un- session of the United States and complies contain— tested framework, making it easier for with all medical requirements or restrictions (A) a section, for the individual to com- people with dangerous medical condi- associated with that license; plete that contains— tions to fly. There is really no medical (2) the individual holds a medical certifi- (i) boxes 3 through 13 and boxes 16 through certificate effective to deal with poten- cate issued by the Federal Aviation Adminis- 19 of the Federal Aviation Administration tial medical problems. I am gravely tration on the date of enactment of this Act, Form 8500–8 (3–99); held such a certificate at any point during concerned that this bill may lead to an (ii) a signature line for the individual to the 10-year period preceding such date of en- affirm that— increase in the number of aviation ac- actment, or obtains such a certificate after cidents. (I) the answers provided by the individual such date of enactment; on that checklist, including the individual’s My hope is—since it has 69 cospon- (3) the most recent medical certificate sors, and the will of the Senate now is answers regarding medical history, are true issued by the Federal Aviation Administra- and complete; apparently to move forward—that we tion to the individual— (II) the individual understands that he or can perhaps improve it in the course of (A) indicates whether the certificate is she is prohibited under Federal Aviation Ad- the FAA reauthorization. I hope some first, second, or third class; ministration regulations from acting as pilot of these issues can be addressed in that (B) may include authorization for special issuance; in command, or any other capacity as a re- process. I hope my colleague Senator quired flight crew member, if he or she INHOFE will work with me to keep the (C) may be expired; (D) cannot have been revoked or sus- knows or has reason to know of any medical policy proposals outlined in this bill in deficiency or medically disqualifying condi- mind as we go forward with the FAA pended; and (E) cannot have been withdrawn; tion that would make the individual unable reauthorization bill—and that is sched- (4) the most recent application for airman to operate the aircraft in a safe manner; and uled to be sometime next year—so that medical certification submitted to the Fed- (III) the individual is aware of the regula- further improvements can be given due eral Aviation Administration by the indi- tions pertaining to the prohibition on oper- consideration. vidual cannot have been completed and de- ations during medical deficiency and has no Again, I thank the Senator from nied; medically disqualifying conditions in accord- Oklahoma for his hard work on this (5) the individual has completed a medical ance with applicable law; bill, and I withdraw my objection. education course described in subsection (c)

VerDate Sep 11 2014 04:23 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.021 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8679 (B) a section with instructions for the indi- (3) educate pilots on conducting medical (ii) psychosis, defined as a case in which an vidual to provide the completed checklist to self-assessments; individual— the physician performing the comprehensive (4) advise pilots on identifying warning (I) has manifested delusions, halluci- medical examination required in subsection signs of potential serious medical conditions; nations, grossly bizarre or disorganized be- (a)(7); and (5) identify risk mitigation strategies for havior, or other commonly accepted symp- (C) a section, for the physician to com- medical conditions; toms of psychosis; or plete, that instructs the physician— (6) increase awareness of the impacts of po- (II) may reasonably be expected to mani- (i) to perform a clinical examination of— tentially impairing over-the-counter and fest delusions, hallucinations, grossly bizarre (I) head, face, neck, and scalp; prescription drug medications; or disorganized behavior, or other commonly (II) nose, sinuses, mouth, and throat; (7) encourage regular medical examina- accepted symptoms of psychosis; (III) ears, general (internal and external tions and consultations with primary care (iii) bipolar disorder; or canals), and eardrums (perforation); physicians; (iv) substance dependence within the pre- (IV) eyes (general), ophthalmoscopic, pu- (8) inform pilots of the regulations per- vious 2 years, as defined in section pils (equality and reaction), and ocular mo- taining to the prohibition on operations dur- 67.307(a)(4) of title 14, Code of Federal Regu- tility (associated parallel movement, nys- ing medical deficiency and medically dis- lations. tagmus); qualifying conditions; (B) A neurological disorder, limited to an (V) lungs and chest (not including breast (9) provide the checklist developed by the established medical history or clinical diag- examination); Federal Aviation Administration in accord- nosis of any of the following: (VI) heart (precordial activity, rhythm, ance with subsection (b); and (i) Epilepsy. sounds, and murmurs); (10) upon successful completion of the (ii) Disturbance of consciousness without (VII) vascular system (pulse, amplitude, course, electronically provide to the indi- satisfactory medical explanation of the and character, and arms, legs, and others); vidual and transmit to the Federal Aviation cause. (VIII) abdomen and viscera (including her- Administration— (iii) A transient loss of control of nervous nia); (A) a certification of completion of the system functions without satisfactory med- (IX) anus (not including digital examina- medical education course, which shall be ical explanation of the cause. tion); printed and retained in the individual’s log- (C) A cardiovascular condition, limited to (X) skin; book and made available upon request, and a one-time special issuance for each diag- (XI) G–U system (not including pelvic ex- shall contain the individual’s name, address, nosis of the following: amination); and airman certificate number; (i) Myocardial infraction. (XII) upper and lower extremities (strength (B) subject to subsection (d), a release au- (ii) Coronary heart disease that has re- and range of motion); thorizing the National Driver Register quired treatment. (XIII) spine and other musculoskeletal; through a designated State Department of (iii) Cardiac valve replacement. (XIV) identifying body marks, scars, and Motor Vehicles to furnish to the Federal (iv) Heart replacement. tattoos (size and location); Aviation Administration information per- (2) SPECIAL RULE FOR CARDIOVASCULAR CON- (XV) lymphatics; taining to the individual’s driving record; DITIONS.—In the case of an individual with a (XVI) neurologic (tendon reflexes, equi- (C) a certification by the individual that cardiovascular condition, the process for ob- librium, senses, cranial nerves, and coordina- the individual is under the care and treat- taining an Authorization for Special tion, etc.); ment of a physician if the individual has Issuance of a Medical Certificate shall be (XVII) psychiatric (appearance, behavior, been diagnosed with any medical condition satisfied with the successful completion of mood, communication, and memory); that may impact the ability of the individual an appropriate clinical evaluation without a (XVIII) general systemic; to fly, as required under (a)(6); mandatory wait period. (XIX) hearing; (D) a form that includes— (3) SPECIAL RULE FOR MENTAL HEALTH CON- (XX) vision (distant, near, and inter- (i) the name, address, telephone number, DITIONS.— mediate vision, field of vision, color vision, and airman certificate number of the indi- (A) In the case of an individual with a and ocular alignment); vidual; clinically diagnosed mental health condi- (XXI) blood pressure and pulse; and (ii) the name, address, telephone number, tion, the third-class medical certificate ex- (XXII) anything else the physician, in his and State medical license number of the emption under subsection (a) shall not apply or her medical judgment, considers nec- physician performing the comprehensive if— essary; medical examination required in subsection (i) in the judgment of the individual’s (ii) to exercise medical discretion to ad- (a)(7); State-licensed medical specialist, the condi- dress, as medically appropriate, any medical (iii) the date of the comprehensive medical tion— conditions identified, and to exercise med- examination required in subsection (a)(7); (I) renders the individual unable to safely ical discretion in determining whether any and perform the duties or exercise the airman medical tests are warranted as part of the (iv) a certification by the individual that privileges described in subsection (a)(8); or comprehensive medical examination; the checklist described in subsection (b) was (II) may reasonably be expected to make (iii) to discuss all drugs the individual re- followed and signed by the physician in the the individual unable to perform the duties ports taking (prescription and nonprescrip- comprehensive medical examination re- or exercise the privileges described in sub- tion) and their potential to interfere with quired in subsection (a)(7); and section (a)(8); or the safe operation of an aircraft or motor ve- (E) a statement, which shall be printed, (ii) the individual’s driver’s license is re- hicle; and signed by the individual certifying that voked by the issuing agency as a result of a (iv) to sign the checklist, stating: ‘‘I cer- the individual understands the existing pro- clinically diagnosed mental health condi- tify that I discussed all items on this check- hibition on operations during medical defi- tion. list with the individual during my examina- ciency by stating: ‘‘I understand that I can- (B) Subject to subparagraph (A), an indi- tion, discussed any medications the indi- not act as pilot in command, or any other vidual clinically diagnosed with a mental vidual is taking that could interfere with capacity as a required flight crew member, if health condition shall certify every 2 years, their ability to safely operate an aircraft or I know or have reason to know of any med- in conjunction with the certification under motor vehicle, and performed an examina- ical condition that would make me unable to subsection (c)(10)(C), that the individual is tion that included all of the items on this operate the aircraft in a safe manner.’’. under the care of a State-licensed medical checklist. I certify that I am not aware of (d) NATIONAL DRIVER REGISTER.—The au- specialist for that mental health condition. any medical condition that, as presently thorization under subsection (c)(10)(B) shall (4) SPECIAL RULE FOR NEUROLOGICAL CONDI- treated, could interfere with the individual’s be an authorization for a single access to the TIONS.— ability to safely operate an aircraft.’’; and information contained in the National Driv- (A) In the case of an individual with a (v) to provide the date the comprehensive er Register. clinically diagnosed neurological condition, medical examination was completed, and the (e) SPECIAL ISSUANCE PROCESS.— the third-class medical certificate exemption physician’s full name, address, telephone (1) IN GENERAL.—An individual who has under subsection (a) shall not apply if— number, and State medical license number. qualified for the third-class medical certifi- (i) in the judgment of the individual’s (3) LOGBOOK.—The completed checklist cate exemption under subsection (a) and is State-licensed medical specialist, the condi- shall be retained in the individual’s logbook seeking to serve as a pilot in command of a tion— and made available on request. covered aircraft shall be required to have (I) renders the individual unable to safely (c) MEDICAL EDUCATION COURSE REQUIRE- completed the process for obtaining an Au- perform the duties or exercise the airman MENTS.—The medical education course de- thorization for Special Issuance of a Medical privileges described in subsection (a)(8); or scribed in this subsection shall— Certificate for each of the following: (II) may reasonably be expected to make (1) be available on the Internet free of (A) A mental health disorder, limited to an the individual unable to perform the duties charge; established medical history or clinical diag- or exercise the privileges described in sub- (2) be developed and periodically updated nosis of— section (a)(8); or in coordination with representatives of rel- (i) personality disorder that is severe (ii) the individual’s driver’s license is re- evant nonprofit and not-for-profit general enough to have repeatedly manifested itself voked by the issuing agency as a result of a aviation stakeholder groups; by overt acts; clinically diagnosed neurological condition.

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.025 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8680 CONGRESSIONAL RECORD — SENATE December 15, 2015 (B) Subject to subparagraph (A), an indi- not apply to pilots who elect to operate dications of the Administrator and the Na- vidual clinically diagnosed with a neuro- under the medical requirements under sub- tional Transportation Safety Board to the logical condition shall certify every 2 years, section (b) or subsection (c) of section 61.23 same extent as that section applied to such in conjunction with the certification under of title 14, Code of Federal Regulations. adjudications before the date of enactment subsection (c)(10)(C), that the individual is (l) AUTHORITY TO REQUIRE ADDITIONAL IN- of the Pilot’s Bill of Rights 2.’’. under the care of a State-licensed medical FORMATION.— (c) NOTIFICATION OF INVESTIGATION.—Sub- specialist for that neurological condition. (1) IN GENERAL.—If the Administrator re- section (b) of section 2 of the Pilot’s Bill of (f) IDENTIFICATION OF ADDITIONAL MEDICAL ceives credible or urgent information, in- Rights (Public Law 112–153; 126 Stat. 1159; 49 CONDITIONS FOR THE CACI PROGRAM.— cluding from the National Driver Register or U.S.C. 44703 note) is amended— (1) IN GENERAL.—Not later than 180 days the Administrator’s Safety Hotline, that re- (1) in paragraph (2)(A), by inserting ‘‘and after the date of enactment of this Act, the flects on an individual’s ability to safely op- the specific activity on which the investiga- Administrator shall review and identify ad- erate a covered aircraft under the third-class tion is based’’ after ‘‘nature of the investiga- ditional medical conditions that could be medical certificate exemption in subsection tion’’; and added to the program known as the Condi- (a), the Administrator may require the indi- (2) in paragraph (3), by striking ‘‘timely’’; tions AMEs Can Issue (CACI) program. vidual to provide additional information or and (2) CONSULTATIONS.—In carrying out para- history so that the Administrator may de- (3) in paragraph (5), by striking ‘‘section graph (1), the Administrator shall consult termine whether the individual is safe to 44709(c)(2)’’ and inserting ‘‘section with aviation, medical, and union stake- continue operating a covered aircraft. 44709(e)(2)’’. holders. (2) USE OF INFORMATION.—The Adminis- (d) RELEASE OF INVESTIGATIVE REPORTS.— (3) REPORT REQUIRED.—Not later than 180 trator may use credible or urgent informa- Section 2 of the Pilot’s Bill of Rights (Public days after the date of enactment of this Act, tion received under paragraph (1) to request Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 the Administrator shall submit to the Com- an individual to provide additional informa- note) is further amended by inserting after mittee on Commerce, Science, and Transpor- tion or to take actions under section 44709(b) subsection (e) the following: tation of the Senate and the Committee on of title 49, United States Code. ‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— Transportation and Infrastructure of the SEC. 3. EXPANSION OF PILOT’S BILL OF RIGHTS. ‘‘(1) IN GENERAL.— House of Representatives a report listing the (a) APPEALS OF SUSPENDED AND REVOKED ‘‘(A) EMERGENCY ORDERS.—In any pro- medical conditions that have been added to AIRMAN CERTIFICATES.—Section 2(d)(1) of the ceeding conducted under part 821 of title 49, the CACI program under paragraph (1). Pilot’s Bill of Rights (Public Law 112–153; 126 Code of Federal Regulations, relating to the (g) EXPEDITED AUTHORIZATION FOR SPECIAL Stat. 1159; 49 U.S.C. 44703 note) is amended by amendment, modification, suspension, or ISSUANCE OF A MEDICAL CERTIFICATE.— striking ‘‘or imposing a punitive civil action revocation of an airman certificate, in which (1) IN GENERAL.—The Administrator shall or an emergency order of revocation under the Administrator issues an emergency order implement procedures to expedite the proc- subsections (d) and (e) of section 44709 of under subsections (d) and (e) of section 44709, ess for obtaining an Authorization for Spe- such title’’ and inserting ‘‘suspending or re- section 44710, or section 46105(c) of title 49, cial Issuance of a Medical Certificate under voking an airman certificate under section United States Code, or another order that section 67.401 of title 14, Code of Federal Reg- 44709(d) of such title, or imposing an emer- takes effect immediately, the Administrator ulations. gency order of revocation under subsections shall provide to the individual holding the (2) CONSULTATIONS.—In carrying out para- (d) and (e) of section 44709 of such title’’. airman certificate the releasable portion of graph (1), the Administrator shall consult (b) DE NOVO REVIEW BY DISTRICT COURT; the investigative report at the time the Ad- with aviation, medical, and union stake- BURDEN OF PROOF.—Section 2(e) of the Pi- ministrator issues the order. If the complete holders. lot’s Bill of Rights (Public Law 112–153; 126 Report of Investigation is not available at (3) REPORT REQUIRED.—Not later than 1 Stat. 1159; 49 U.S.C. 44703 note) is amended— the time the Emergency Order is issued, the year after the date of enactment of this Act, (1) by amending paragraph (1) to read as Administrator shall issue all portions of the the Administrator shall submit to the Com- follows: report that are available at the time and mittee on Commerce, Science, and Transpor- ‘‘(1) IN GENERAL.—In an appeal filed under shall provide the full report within 5 days of tation of the Senate and the Committee on subsection (d) in a United States district its completion. Transportation and Infrastructure of the court with respect to a denial, suspension, or ‘‘(B) OTHER ORDERS.—In any non-emer- House of Representatives a report describing revocation of an airman certificate by the gency proceeding conducted under part 821 of how the procedures implemented under para- Administrator— title 49, Code of Federal Regulations, relat- graph (1) will streamline the process for ob- ‘‘(A) the district court shall review the de- ing to the amendment, modification, suspen- taining an Authorization for Special nial, suspension, or revocation de novo, in- sion, or revocation of an airman certificate, Issuance of a Medical Certificate and reduce cluding by— in which the Administrator notifies the cer- the amount of time needed to review and de- ‘‘(i) conducting a full independent review tificate holder of a proposed certificate ac- cide special issuance cases. of the complete administrative record of the tion under subsections (b) and (c) of section (h) REPORT REQUIRED.—Not later than 5 years after the date of enactment of this denial, suspension, or revocation; 44709 or section 44710 of title 49, United Act, the Administrator, in coordination with ‘‘(ii) permitting additional discovery and States Code, the Administrator shall, upon the National Transportation Safety Board, the taking of additional evidence; and the written request of the covered certificate shall submit to the Committee on Com- ‘‘(iii) making the findings of fact and con- holder and at any time after that notifica- merce, Science, and Transportation of the clusions of law required by Rule 52 of the tion, provide to the covered certificate hold- Senate and the Committee on Transpor- Federal Rules of Civil Procedure without er the releasable portion of the investigative tation and Infrastructure of the House of being bound to any findings of fact of the Ad- report. Representatives a report that describes the ministrator or the National Transportation ‘‘(2) MOTION FOR DISMISSAL.—If the Admin- effect of the regulations issued or revised Safety Board.’’; istrator does not provide the releasable por- under subsection (a) and includes statistics (2) by redesignating paragraph (2) as para- tions of the investigative report to the indi- with respect to changes in small aircraft ac- graph (3); and vidual holding the airman certificate subject tivity and safety incidents. (3) by inserting after paragraph (1) the fol- to the proceeding referred to in paragraph (1) (i) PROHIBITION ON ENFORCEMENT AC- lowing: by the time required by that paragraph, the TIONS.—Beginning on the date that is 1 year ‘‘(2) BURDEN OF PROOF.—In an appeal filed individual may move to dismiss the com- after the date of enactment of this Act, the under subsection (d) in a United States dis- plaint of the Administrator or for other re- Administrator may not take an enforcement trict court after an exhaustion of adminis- lief and, unless the Administrator estab- action for not holding a valid third-class trative remedies, the burden of proof shall be lishes good cause for the failure to provide medical certificate against a pilot of a cov- as follows: the investigative report or for a lack of ered aircraft for a flight, through a good ‘‘(A) In an appeal of the denial of an appli- timeliness, the administrative law judge faith effort, if the pilot and the flight meet cation for the issuance or renewal of an air- shall order such relief as the judge considers the applicable requirements under sub- man certificate under section 44703 of title appropriate. section (a), except paragraph (5), unless the 49, United States Code, the burden of proof ‘‘(3) RELEASABLE PORTION OF INVESTIGATIVE Administrator has published final regula- shall be upon the applicant denied an airman REPORT.—For purposes of paragraph (1), the tions in the Federal Register under that sub- certificate by the Administrator. releasable portion of an investigative report section. ‘‘(B) In an appeal of an order issued by the is all information in the report, except for (j) COVERED AIRCRAFT DEFINED.—In this Administrator under section 44709 of title 49, the following: section, the term ‘‘covered aircraft’’ means United States Code, the burden of proof shall ‘‘(A) Information that is privileged. an aircraft that— be upon the Administrator.’’; and ‘‘(B) Information that constitutes work (1) is authorized under Federal law to carry (4) by adding at the end the following: product or reflects internal deliberative not more than 6 occupants; and ‘‘(4) APPLICABILITY OF ADMINISTRATIVE PRO- process. (2) has a maximum certificated takeoff CEDURE ACT.—Notwithstanding paragraph ‘‘(C) Information that would disclose the weight of not more than 6,000 pounds. (1)(A) of this subsection or subsection (a)(1) identity of a confidential source. (k) OPERATIONS COVERED.—The provisions of section 554 of title 5, United States Code, ‘‘(D) Information the disclosure of which is and requirements covered in this section do section 554 of such title shall apply to adju- prohibited by any other provision of law.

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.025 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8681 ‘‘(E) Information that is not relevant to a student, sport, recreational, or private cluded in the repository for NOTAMs under the subject matter of the proceeding. pilot and issued under section 44703 of this subsection (a)(2)(B). ‘‘(F) Information the Administrator can title after a reexamination of the airman ‘‘(2) PROHIBITION ON TAKING ACTION FOR VIO- demonstrate is withheld for good cause. holding the certificate unless the Adminis- LATIONS OF NOTAMS NOT IN REPOSITORY.— ‘‘(G) Sensitive security information, as de- trator determines that the airman— ‘‘(A) IN GENERAL.—Except as provided in fined in section 15.5 of title 49, Code of Fed- ‘‘(i) lacks the technical skills and com- subparagraph (B), beginning on the date that eral Regulations (or any corresponding simi- petency, or care, judgment, and responsi- the repository under subsection (a)(2)(B) is lar ruling or regulation). bility, necessary to hold and safely exercise final and published, the Administrator may ‘‘(4) RULE OF CONSTRUCTION.—Nothing in the privileges of the certificate; or not take any enforcement action against an this subsection shall be construed to prevent ‘‘(ii) materially contributed to the airman for a violation of a NOTAM during a the Administrator from releasing to an indi- issuance of the certificate by fraudulent flight if— vidual subject to an investigation described means. ‘‘(i) that NOTAM is not available through in subsection (b)(1)— ‘‘(B) STANDARD OF REVIEW.—Any order of the repository before the commencement of ‘‘(A) information in addition to the infor- the Administrator under this paragraph the flight; and mation included in the releasable portion of shall be subject to the standard of review ‘‘(ii) that NOTAM is not reasonably acces- the investigative report; or provided for under section 2 of the Pilot’s sible and identifiable to the airman. ‘‘(B) a copy of the investigative report be- Bill of Rights (49 U.S.C. 44703 note).’’. ‘‘(B) EXCEPTION FOR NATIONAL SECURITY.— fore the Administrator issues a complaint.’’. (c) CONFORMING AMENDMENTS.—Section Subparagraph (A) shall not apply in the case SEC. 4. LIMITATIONS ON REEXAMINATION OF 44709(d)(1) of title 49, United States Code, is of an enforcement action for a violation of a CERTIFICATE HOLDERS. amended— NOTAM that directly relates to national se- (a) IN GENERAL.—Section 44709(a) of title (1) in subparagraph (A), by striking ‘‘sub- curity.’’. 49, United States Code, is amended— section (b)(1)(A)’’ and inserting ‘‘subsection SEC. 6. ACCESSIBILITY OF CERTAIN FLIGHT (1) by striking ‘‘The Administrator’’ and (b)(1)(A)(i)’’; and DATA. inserting the following: (2) in subparagraph (B), by striking ‘‘sub- (a) IN GENERAL.—Subchapter I of chapter ‘‘(1) IN GENERAL.—The Administrator’’; section (b)(1)(B)’’ and inserting ‘‘subsection 471 of title 49, United States Code, is amend- (2) by striking ‘‘reexamine’’ and inserting (b)(1)(A)(ii)’’. ed by inserting after section 47124 the fol- ‘‘, except as provided in paragraph (2), reex- SEC. 5. EXPEDITING UPDATES TO NOTAM PRO- lowing: amine’’; and GRAM. ‘‘§ 47124a. Accessibility of certain flight data N ENERAL (3) by adding at the end the following: (a) I G .— ‘‘(a) DEFINITIONS.—In this section: ‘‘(2) LIMITATION ON THE REEXAMINATION OF (1) Beginning on the date that is 180 days ‘‘(1) ADMINISTRATION.—The term ‘Adminis- AIRMAN CERTIFICATES.— after the date of enactment of this Act, the tration’ means the Federal Aviation Admin- ‘‘(A) IN GENERAL.—The Administrator may Administrator of the Federal Aviation Ad- istration. not reexamine an airman holding a student, ministration may not take any enforcement ‘‘(2) ADMINISTRATOR.—The term ‘Adminis- sport, recreational, or private pilot certifi- action against any individual for a violation trator’ means the Administrator of the Fed- cate issued under section 44703 of this title if of a NOTAM (as defined in section 3 of the eral Aviation Administration. the reexamination is ordered as a result of Pilot’s Bill of Rights (49 U.S.C. 44701 note)) ‘‘(3) APPLICABLE INDIVIDUAL.—The term an event involving the fault of the Federal until the Administrator certifies to the ap- ‘applicable individual’ means an individual Aviation Administration or its designee, un- propriate congressional committees that the who is the subject of an investigation initi- less the Administrator has reasonable Administrator has complied with the re- ated by the Administrator related to a cov- grounds— quirements of section 3 of the Pilot’s Bill of ered flight record. ‘‘(i) to establish that the airman may not Rights, as amended by this section. ‘‘(4) CONTRACT TOWER.—The term ‘contract be qualified to exercise the privileges of a (2) In this subsection, the term ‘‘appro- tower’ means an air traffic control tower particular certificate or rating, based upon priate congressional committees’’ means— providing air traffic control services pursu- an act or omission committed by the airman (A) the Committee on Commerce, Science, ant to a contract with the Administration while exercising those privileges, after the and Transportation of the Senate; and under the contract air traffic control tower certificate or rating was issued by the Fed- (B) the Committee on Transportation and program under section 47124(b)(3). eral Aviation Administration or its designee; Infrastructure of the House of Representa- ‘‘(5) COVERED FLIGHT RECORD.—The term or tives. ‘covered flight record’ means any air traffic ‘‘(ii) to demonstrate that the airman ob- (b) AMENDMENTS.—Section 3 of the Pilot’s data (as defined in section 2(b)(4)(B) of the tained the certificate or the rating through Bill of Rights (Public Law 112–153; 126 Stat. Pilot’s Bill of Rights (49 U.S.C. 44703 note)), fraudulent means or through an examination 1162; 49 U.S.C. 44701 note) is amended— created, maintained, or controlled by any that was substantially and demonstrably in- (1) in subsection (a)(2)— program of the Administration, including adequate to establish the airman’s qualifica- (A) in the matter preceding subparagraph any program of the Administration carried tions. (A)— out by employees or contractors of the Ad- ‘‘(B) NOTIFICATION REQUIREMENTS.—Before (i) by striking ‘‘this Act’’ and inserting ministration, such as contract towers, flight taking any action to reexamine an airman ‘‘the Pilot’s Bill of Rights 2’’; and service stations, and controller training pro- under subparagraph (A), the Administrator (ii) by striking ‘‘begin’’ and inserting grams. shall provide to the airman— ‘‘complete the implementation of’’; ‘‘(b) PROVISION OF COVERED FLIGHT RECORD ‘‘(i) a reasonable basis, described in detail, (B) by amending subparagraph (B) to read TO ADMINISTRATION.— for requesting the reexamination; and as follows: ‘‘(1) REQUESTS.—Whenever the Administra- ‘‘(ii) any information gathered by the Fed- ‘‘(B) to continue developing and modern- tion receives a written request for a covered eral Aviation Administration, that the Ad- izing the NOTAM repository, in a public cen- flight record from an applicable individual ministrator determines is appropriate to pro- tral location, to maintain and archive all and the covered flight record is not in the vide, such as the scope and nature of the re- NOTAMs, including the original content and possession of the Administration, the Ad- quested reexamination, that formed the form of the notices, the original date of pub- ministrator shall request the covered flight basis for that justification.’’. lication, and any amendments to such no- record from the contract tower or other con- (b) AMENDMENT, MODIFICATION, SUSPENSION, tices with the date of each amendment, in a tractor of the Administration in possession OR REVOCATION OF AIRMAN CERTIFICATES manner that is Internet-accessible, machine- of the covered flight record. AFTER REEXAMINATION.—Section 44709(b) of readable, and searchable;’’; ‘‘(2) PROVISION OF RECORDS.—Any covered title 49, United States Code, is amended— (C) in subparagraph (C), by striking the pe- flight record created, maintained, or con- (1) in paragraph (1), by redesignating sub- riod at the end and inserting a semicolon; trolled by a contract tower or another con- paragraphs (A) and (B) as clauses (i) and (ii), and tractor of the Administration that main- respectively, and indenting appropriately; (D) by adding at the end the following: tains covered flight records shall be provided (2) by redesignating paragraphs (1) and (2) ‘‘(D) to specify the times during which to the Administration if the Administration as subparagraphs (A) and (B), respectively, temporary flight restrictions are in effect requests the record pursuant to paragraph and indenting appropriately; and the duration of a designation of special (1). (3) in the matter preceding subparagraph use airspace in a specific area.’’; and ‘‘(3) NOTICE OF PROPOSED CERTIFICATE AC- (A), as redesignated, by striking ‘‘The Ad- (2) by amending subsection (d) to read as TION.—If the Administrator has issued, or ministrator’’ and inserting the following: follows: subsequently issues, a Notice of Proposed ‘‘(1) IN GENERAL.—Except as provided in ‘‘(d) DESIGNATION OF REPOSITORY AS SOLE Certificate Action relying on evidence con- paragraph (2), the Administrator’’; and SOURCE FOR NOTAMS.— tained in the covered flight record and the (4) by adding at the end the following: ‘‘(1) IN GENERAL.—The Administrator— individual who is the subject of an investiga- ‘‘(2) AMENDMENTS, MODIFICATIONS, SUSPEN- ‘‘(A) shall consider the repository for tion has requested the record, the Adminis- SIONS, AND REVOCATIONS OF AIRMAN CERTIFI- NOTAMs under subsection (a)(2)(B) to be the trator shall promptly produce the record and CATES AFTER REEXAMINATION.— sole location for airmen to check for extend the time the individual has to re- ‘‘(A) IN GENERAL.—The Administrator may NOTAMs; and spond to the Notice of Proposed Certificate not issue an order to amend, modify, sus- ‘‘(B) may not consider a NOTAM to be an- Action until the covered flight record is pro- pend, or revoke an airman certificate held by nounced or published until the NOTAM is in- vided.

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.025 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8682 CONGRESSIONAL RECORD — SENATE December 15, 2015 ‘‘(c) IMPLEMENTATION.— In nearly 13 years of teaching, got its first set of the Jaws of Life res- ‘‘(1) IN GENERAL.—Not later than 180 days Meghan’s work in the classroom has cue system—a major purchase for a after the date of enactment of the Pilot’s made a difference in the lives of stu- volunteer department. After a college Bill of Rights 2, the Administrator shall pro- dents in the Stuttgart School District. student died in an accident along the mulgate regulations or guidance to ensure highway near Thompson because no compliance with this section. While she has taught a variety of sub- ‘‘(2) COMPLIANCE BY CONTRACTORS.— jects at Stuttgart High School, she Jaws of Life were available, Joe led ‘‘(A) Compliance with this section by a currently serves as an English and door-to-door fundraising efforts to buy contract tower or other contractor of the journalism teacher. She has added the lifesaving equipment. The commu- Administration that maintains covered reading and writing opportunities at nity, today comprised of just a thou- flight records shall be included as a material the school by reestablishing its month- sand North Dakotans, contributed term in any contract between the Adminis- ly magazine, The Bird Banner, and enough money that the Thompson Fire tration and the contract tower or contractor helping launch its studio, Ricebird Tel- Department was able to purchase the entered into or renewed on or after the date Jaws of Life and a rescue vehicle need- of enactment of the Pilot’s Bill of Rights 2. evision. Meghan challenges her students to ed to carry the Jaws of Life and other ‘‘(B) Subparagraph (A) shall not apply to equipment, says George. And that is any contract or agreement in effect on the use their skills to improve their com- date of enactment of the Pilot’s Bill of munity. Her journalism class partnered what Joe is best at: working hard, Rights 2 unless the contract or agreement is with Arkansas Children’s Hospital as bringing folks together, and making renegotiated, renewed, or modified after that well as the local police and fire depart- his community safer. date.’’. ments to raise awareness about safe Joe’s volunteerism at the Thompson (b) TECHNICAL AND CONFORMING AMEND- driving. Fire Department over more than 60 MENTS.—The table of contents for chapter 471 Meghan’s commitment to education years has made the department a of title 49, United States Code, is amended by model for other communities around inserting after the item relating to section also inspires those who work with her to do their best to encourage further the State and country. Thompson Fire 47124 the following: Department has taught classes to share ‘‘47124a. Accessibility of certain flight development in the classroom. She has led professional development activities its practices with other fire depart- data.’’. ments in the region and has long led for using literacy techniques in the SEC. 7. AUTHORITY FOR LEGAL COUNSEL TO the way in improving its volunteers’ ISSUE CERTAIN NOTICES. classroom, presented for the Literacy skills and safety. Under Joe’s leader- Not later than 180 days after the date of Design Collaborative, LDC, and pro- ship, the department secured one of the enactment of this Act, the Administrator of vided Teacher Excellence and Support earliest automatic defibrillators in the the Federal Aviation Administration shall System, TESS, training to her col- State of North Dakota. Joe also helped revise section 13.11 of title 14, Code of Fed- leagues. eral Regulations, to authorize legal counsel get medical first response units up and The Arkansas Teacher of the Year of the Federal Aviation Administration to running at other volunteer depart- program, part of the National Teacher close enforcement actions covered by that ments in the region and was instru- of the Year program, recognizes teach- section with a warning notice, letter of cor- mental in getting 911 and emergency ers around the State for their teaching rection, or other administrative action. first responder radio systems set up in excellence. This truly is a major ac- Mr. INHOFE. Mr. President, first of Grand Forks County. Service is a way complishment in Meghan’s career and all, let me thank the Senator from of life in Joe’s family. His wife, Sue, something for which she can be very Connecticut, because it is complicated. has been an EMT with the Thompson This is something that—it is also very proud. Her outstanding contributions Fire Department for 27 years, which difficult to actually explain a bill to 69 to education, the Stuttgart School Dis- puts her in second place in seniority. people and get that many cosponsors. trict, and her students proves she is After studying at the University of But it is something we have been con- well deserving of this recognition. North Dakota, Joe has spent his life in cerned about for a long time. Ten years I would like to offer my congratula- Thompson helping to grow and support ago, on the light aircraft, we actually tions to Meghan Ables for her deter- the community in many ways. For 36 had this language—even stronger than mination, devotion, and commitment years, he worked as the head of the Ag- it is now. In that period of time, there to her students and to education. I am ricultural Stabilization and Conserva- hasn’t been one accident that can be encouraged by her efforts to inspire our tion Service in Grand Forks. Outside of related to a third-class medical. I think next generation of leaders and her his firefighting duties, Joe has been ac- the time has proven itself in 10 years. drive to help them succeed.∑ tively involved in American Legion To respond, I would be very happy to f baseball, Thompson High School foot- work with the Senator from Con- TRIBUTE TO JOE SIMON, JR. ball, and almost any other sporting necticut on problems that may rise ∑ event in town. Every Memorial Day, that I don’t envision right now. I ap- Ms. HEITKAMP. Mr. President, Joe puts out flags in nearby ceme- preciate very much his cooperation and today I would like to honor a North teries, and reads a list of the honored also his staying around this late at Dakotan who is among the longest dead—all of the veterans buried at four night. serving fire department volunteers in cemeteries around Thompson. Thank you so much. my State, keeping his community safe Friend and fellow firefighter George I suggest the absence of a quorum. from fires and other threats for more says that Joe ‘‘gets the biggest smile The PRESIDING OFFICER. The than 65 years. That is a rare distinction on his face when he helps someone. clerk will call the roll. in public service. The name Joe Simon, That makes his day.’’ The bill clerk proceeded to call the Jr., of Thompson, ND, has been on the Volunteers make up 96 percent of roll. volunteer firefighters’ roster since his North Dakota’s firefighters. They have Mr. MCCONNELL. Mr. President, I high school days when his father was other jobs but continue to give back, ask unanimous consent that the order fire chief. building stronger and safer commu- for the quorum call be rescinded. Joe served for 36 years as the chief of nities and supporting the very fabric of The PRESIDING OFFICER. Without the Thompson Fire Department. Dur- our State. North Dakotans know that objection, it is so ordered. ing that time, it was Joe’s responsi- each of us has to step in to help our bility to keep the department fully f family and neighbors during tough staffed, manage training and medical times, and our first responders know ADDITIONAL STATEMENTS duties, and work on grants to help keep that better than most. It is North Da- the department running. Though Joe kotans like Joe who epitomize why our has retired as chief, he is still actively State is such a unique and wonderful CONGRATULATING MEGHAN ABLES involved with department, helping with place filled with dedicated individuals ∑ Mr. BOOZMAN. Mr. President, today monthly checks of equipment and who put others before themselves. I wish to pay tribute to an outstanding going on fire calls. Thank you, Joe, for your tremendous Arkansas educator, Meghan Ables, who According to his friend, George service to your community and for was named the 2016 Arkansas Teacher Hoselton, it was under Joe’s leadership your tireless efforts to keep commu- of the Year. that the Thompson Fire Department nities throughout North Dakota safe.∑

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.025 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8683 TRIBUTE TO LIEUTENANT GEN- Butte, CO. He continues to involve mittee on Agriculture, Nutrition, and For- ERAL HAROLD GREGORY ‘‘HAL’’ himself in his community. I am proud estry. MOORE, JR. to call LTG Harold ‘‘Hal’’ Moore a fel- EC–3907. A communication from the Direc- tor of the Regulatory Management Division, ∑ Mr. SESSIONS. Mr. President, today low Alabamian and to acknowledge and Environmental Protection Agency, transmit- I wish to recognize retired LTG Harold celebrate his long and distinguished ting, pursuant to law, the report of a rule en- ‘‘Hal’’ Moore of Auburn, AL, for his life.∑ titled ‘‘Azoxystrobin; Tolerance Exemption’’ (FRL No. 9939–52) received in the Office of lifetime of service to the United States f of America. the President of the Senate on December 9, MESSAGES FROM THE HOUSE 2015; to the Committee on Agriculture, Nu- LTG ‘‘Hal’’ Moore is best known as trition, and Forestry. the lieutenant colonel in command of ENROLLED BILL SIGNED EC–3908. A communication from the Direc- the 1st Battalion, 7th Cavalry Regi- At 2:15 p.m., a message from the tor of the Regulatory Review Group, Farm ment, at the Battle of Ia Drang, in 1965 House of Representatives, delivered by Service Agency, Department of Agriculture, during the Vietnam war and as the au- Mr. Novotny, one of its reading clerks, transmitting, pursuant to law, the report of thor of ‘‘We Were Soldiers Once . . . a rule entitled ‘‘Highly Fractionated Indian announced that the Speaker has signed Land (HFIL) Loan Program’’ (RIN0560–AI32) and Young.’’ This book explores the the following enrolled bill: received in the Office of the President of the weeklong Battle of Ia Drang where Hal S. 808. An act to establish the Surface Senate on December 10, 2015; to the Com- served as the battalion commanding of- Transportation Board as an independent es- mittee on Agriculture, Nutrition, and For- ficer and led his troops personally. It is tablishment, and for other purposes. estry. a magnificent book evidencing his The enrolled bill was subsequently EC–3909. A communication from the Asso- courage, leadership, brilliance, and ciate Administrator of the Fruit and Vege- signed by the President pro tempore table Programs, Agricultural Marketing that of his regiment. I read it years ago (Mr. HATCH). Service, Department of Agriculture, trans- and have not forgotten it. mitting, pursuant to law, the report of a rule Encircled by enemy soldiers and with At 4:33 p.m., a message from the entitled ‘‘Tomatoes Grown in Florida; De- no clear landing zone that would allow House of Representatives, delivered by creased Assessment Rate’’ (Docket No. AMS– them to depart, Moore managed to per- Mrs. Cole, one of its reading clerks, an- FV–15–0058) received in the Office of the severe despite overwhelming odds. nounced that pursuant to 36 U.S.C. President of the Senate on December 9, 2015; Moore’s belief that ‘‘there is always to the Committee on Agriculture, Nutrition, 2302, and the order of the House of Jan- and Forestry. one more thing you can do to increase uary 6, 2015, the Speaker appoints the EC–3910. A communication from the Fed- your odds of success,’’ along with the following Members on the part of the eral Register Liaison Officer , Office of the courage of his entire command, are House of Representatives to the United Secretary, Department of Defense, transmit- credited with this victory. Hal used the States Holocaust Memorial Council: ting, pursuant to law, the report of a rule en- concepts of air assault organization Mr. ISRAEL of New York and Mr. titled ‘‘Transition Assistance Program (TAP) for Military Personnel’’ (RIN0790– and employment that he and his troop- DEUTCH of Florida. ers learned during their time at Ft. AJ17) received in the Office of the President f of the Senate on December 10, 2015; to the Benning, GA, for the first time in ac- Committee on Armed Services. tual combat. ENROLLED BILL PRESENTED EC–3911. A communication from the Asso- Moore then took the lessons he The Secretary of the Senate reported ciate General Counsel for Legislation and learned from this initial battle and Regulations, Office of Community Planning that on December 15, 2015, she had pre- and Development , Department of Housing helped instruct future troopers on how sented to the President of the United to better employ the tactic, saving and Urban Development, transmitting, pur- States the following bill: suant to law, the report of a rule entitled countless lives going forward. During S. 808. An act to establish the Surface ‘‘Homeless Emergency Assistance and Rapid the Battle of Ia Drang, Moore was re- Transportation Board as an independent es- Transition to Housing: Defining ‘Chronically ferred to as ‘‘Yellow Hair’’ by his tablishment, and for other purposes. Homeless’ ’’ (RIN2506–AC37) received in the troops, for his blond hair, and as a Office of the President of the Senate on De- tongue-in-cheek tribute referencing f cember 10, 2015; to the Committee on Bank- GEN George Armstrong Custer, com- ing, Housing, and Urban Affairs. EXECUTIVE AND OTHER EC–3912. A communication from the Chief mander of the same 7th Cavalry at the COMMUNICATIONS Counsel, Federal Emergency Management Battle of the Little Bighorn just under The following communications were Agency, Department of Homeland Security, a century before. transmitting, pursuant to law, the report of For his actions, Hal was awarded the laid before the Senate, together with a rule entitled ‘‘Final Flood Elevation Deter- Distinguished Service Cross, the second accompanying papers, reports, and doc- minations’’ ((44 CFR Part 67) (Docket No. highest military decoration of the U.S. uments, and were referred as indicated: FEMA–2015–0001)) received in the Office of Army. After the Battle of Ia Drang, EC–3904. A communication from the Direc- the President of the Senate on December 10, tor of the Regulatory Management Division, 2015; to the Committee on Banking, Housing, Moore was promoted to colonel and and Urban Affairs. subsequently took command of the 3rd Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- EC–3913. A communication from the Chief Brigade, commonly referred to as the titled ‘‘Naphthalene Acetates; Pesticide Tol- Counsel, Federal Emergency Management Garry Owen Brigade. erances’’ (FRL No. 9937–22) received in the Agency, Department of Homeland Security, After his service in the Vietnam war, Office of the President of the Senate on De- transmitting, pursuant to law, the report of a rule entitled ‘‘Suspension of Community Moore served in various assignments cember 9, 2015; to the Committee on Agri- Eligibility’’ ((44 CFR Part 64) (Docket No. until his retirement from the Army, as culture, Nutrition, and Forestry. FEMA–2015–0001)) received in the Office of EC–3905. A communication from the Direc- a lieutenant general on August 1, 1977, the President of the Senate on December 10, tor of the Regulatory Management Division, after completing 32 years of active 2015; to the Committee on Banking, Housing, service. Today he remains an ‘‘hon- Environmental Protection Agency, transmit- and Urban Affairs. orary colonel’’ of the 1st Battalion, 7th ting, pursuant to law, the report of a rule en- EC–3914. A communication from the Direc- titled ‘‘Choline Chloride; Exemption from Cavalry Regiment. tor of the Regulatory Management Division, the Requirement of a Tolerance’’ (FRL No. Environmental Protection Agency, transmit- Along with the book he wrote, Hal is 9936–50) received in the Office of the Presi- remembered in the 2007 book written ting, pursuant to law, the report of a rule en- dent of the Senate on December 9, 2015; to titled ‘‘Name Change from the Office of Solid by his volunteer driver, ‘‘A General’s the Committee on Agriculture, Nutrition, Waste and Emergency Response (OSWER) to Spiritual Journey,’’ and in the 2013 bi- and Forestry. the Office of Land and Emergency Manage- ography by author Mike Guardia, ‘‘Hal EC–3906. A communication from the Direc- ment (OLEM)’’ (FRL No. 9936–38–OSWER) re- Moore: A Soldier Once . . . and Al- tor of the Regulatory Management Division, ceived in the Office of the President of the ways.’’ Moore has also been designated Environmental Protection Agency, transmit- Senate on December 9, 2015; to the Com- a Distinguished Graduate by the West ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. titled ‘‘Bacillus amyloliquefaciens MBI600 EC–3915. A communication from the Direc- Point Association of Graduates and has (antecedent Bacillus subtilis MBI600); tor of the Regulatory Management Division, a 3-mile stretch of Highway 280 in Lee Amendment to an Exemption from the Re- Environmental Protection Agency, transmit- County, AL, named in his honor. quirement of a Tolerance’’ (FRL No. 9939–54) ting, pursuant to law, the report of a rule en- Lieutenant General Moore splits received in the Office of the President of the titled ‘‘Approval and Promulgation of Imple- time between Auburn, AL, and Crested Senate on December 9, 2015; to the Com- mentation Plans; Washington: Interstate

VerDate Sep 11 2014 02:16 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G15DE6.001 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE S8684 CONGRESSIONAL RECORD — SENATE December 15, 2015 Transport of Ozone’’ (FRL No. 9940–05–Region Agency, transmitting, pursuant to law, the hance the COPS ON THE BEAT grant pro- 10) received in the Office of the President of Department’s Semiannual Report from the gram, and for other purposes; to the Com- the Senate on December 9, 2015; to the Com- Office of the Inspector General for the period mittee on the Judiciary. mittee on Environment and Public Works. from April 1, 2015 through September 30, 2015; By Mr. MCCAIN (for himself, Ms. EC–3916. A communication from the Direc- to the Committee on Homeland Security and AYOTTE, Mr. BLUNT, and Mr. KIRK): tor of the Regulatory Management Division, Governmental Affairs. S. 2402. A bill to require the Secretary of Environmental Protection Agency, transmit- EC–3926. A communication from the Acting Homeland Security to search all public ting, pursuant to law, the report of a rule en- Director, Office of Personnel Management, records to determine if an alien is inadmis- titled ‘‘Approval and Promulgation of Imple- the President’s Pay Agent, transmitting, sible to the United States; to the Committee mentation Plans; Texas; El Paso Particulate pursuant to law, a report relative to the ex- on the Judiciary. Matter Contingency Measures’’ (FRL No. tension of locality based comparability pay- By Mr. BLUNT (for himself, Mrs. GILLI- 9940–03–Region 6) received in the Office of the ments; to the Committee on Homeland Secu- BRAND, Mr. BURR, Ms. HIRONO, Mr. President of the Senate on December 9, 2015; rity and Governmental Affairs. COCHRAN, Ms. MIKULSKI, and Mr. to the Committee on Environment and Pub- EC–3927. A communication from the Acting BLUMENTHAL): lic Works. Director, Office of Personnel Management, S. 2403. A bill to amend title 10, United EC–3917. A communication from the Direc- transmitting, pursuant to law, a report enti- States Code, to provide a period for the relo- tor of the Regulatory Management Division, tled ‘‘National Security Professional Devel- cation of spouses and dependents of certain Environmental Protection Agency, transmit- opment Interagency Personnel Rotations 2nd members of the Armed Forces undergoing a ting, pursuant to law, the report of a rule en- Fiscal Year End Report on Performance permanent change of station in order to ease titled ‘‘Approval and Promulgation of Air Measures’’; to the Committee on Homeland and facilitate the relocation of military fam- Quality Implementation Plans; Maryland; Security and Governmental Affairs. ilies, and for other purposes; to the Com- Maryland’s Negative Declaration for the mittee on Armed Services. Automobile and Light-Duty Truck Assembly f By Mr. BLUMENTHAL (for himself and Coatings Control Techniques Guidelines’’ REPORTS OF COMMITTEES Mr. MARKEY): (FRL No. 9939–99–Region 3) received in the S. 2404. A bill to require the Federal Trade Office of the President of the Senate on De- The following reports of committees Commission to prescribe regulations regard- cember 9, 2015; to the Committee on Environ- were submitted: ing the collection and use of personal infor- ment and Public Works. By Mr. JOHNSON, from the Committee on mation obtained by tracking the online ac- EC–3918. A communication from the Chief Homeland Security and Governmental Af- tivity of an individual, and for other pur- Financial Officer, National Labor Relations fairs, with an amendment in the nature of a poses; to the Committee on Commerce, Board, transmitting, pursuant to law, a re- substitute: Science, and Transportation. port entitled ‘‘Performance and Account- H.R. 998. A bill to establish the conditions By Mr. SCHUMER: ability Report for Fiscal Year 2015’’; to the under which the Secretary of Homeland Se- S. 2405. A bill to require the disclosure of Committee on Homeland Security and Gov- information concerning the manufacture of ernmental Affairs. curity may establish preclearance facilities, conduct preclearance operations, and provide methamphetamine upon transfer or lease of EC–3919. A communication from the Sec- covered housing; to the Committee on Bank- retary of Veterans Affairs, transmitting pro- customs services outside the United States, ing, Housing, and Urban Affairs. posed legislation relative to major medical and for other purposes (Rept. No. 114–180). facility construction projects and major By Mr. GRASSLEY, from the Committee f on the Judiciary, with an amendment in the medical facility leases for fiscal year 2016; to SUBMISSION OF CONCURRENT AND the Committee on Veterans’ Affairs. nature of a substitute: EC–3920. A communication from the Direc- S. 1169. A bill to reauthorize and improve SENATE RESOLUTIONS tor of Congressional Affairs, Nuclear Regu- the Juvenile Justice and Delinquency Pre- The following concurrent resolutions latory Commission, transmitting, pursuant vention Act of 1974, and for other purposes and Senate resolutions were read, and to law, the report of a rule entitled ‘‘Ulti- (Rept. No. 114–181). referred (or acted upon), as indicated: mate Heat Sink for Nuclear Power Plants’’ S. 1318. A bill to amend title 18, United By Mr. SCHUMER: (Regulatory Guide 1.27) received during ad- States Code, to provide for protection of S. Res. 335. A resolution supporting the journment of the Senate in the Office of the maritime navigation and prevention of nu- goals and ideals of National Aviation Main- President of the Senate on December 11, 2015; clear terrorism, and for other purposes. tenance Technician Day, honoring the in- to the Committee on Environment and Pub- f valuable contributions of Charles Edward lic Works. EC–3921. A communication from the Assist- EXECUTIVE REPORTS OF Taylor, regarded as the father of aviation maintenance, and recognizing the essential ant Secretary, Legislative Affairs, Depart- COMMITTEE ment of State, transmitting, pursuant to role of aviation maintenance technicians in law, a report relative to section 36(c) of the The following executive reports of ensuring the safety and security of civil and Arms Export Control Act (DDTC 15–117); to nominations were submitted: military aircraft; to the Committee on Com- merce, Science, and Transportation. the Committee on Foreign Relations. By Mr. MCCAIN for the Committee on By Mr. WYDEN (for himself and Mr. EC–3922. A communication from the Direc- Armed Services. MERKLEY): tor of Regulations Policy and Management *Gabriel Camarillo, of Texas, to be an As- Staff, Food and Drug Administration, De- S. Res. 336. A resolution honoring the Port- sistant Secretary of the Air Force. land Timbers as the champions of Major partment of Health and Human Services, *John E. Sparks, of Virginia, to be a Judge transmitting, pursuant to law, the report of League Soccer in 2015; considered and agreed of the United States Court of Appeals for the to. a rule entitled ‘‘Listing of Color Additives Armed Forces for the term of fifteen years to Exempt from Certification; Mica-Based expire on the date prescribed by law. f Pearlescent Pigments; Confirmation of Ef- *Marcel John Lettre, II, of Maryland, to be ADDITIONAL COSPONSORS fective Date’’ (Docket No. FDA–2015–C–1154) Under Secretary of Defense for Intelligence. received in the Office of the President of the *Navy nomination of Vice Adm. Kurt W. S. 122 Senate on December 14, 2015; to the Com- Tidd, to be Admiral. At the request of Mr. MCCAIN, the mittee on Health, Education, Labor, and name of the Senator from New Hamp- Pensions. *Nomination was reported with rec- EC–3923. A communication from the Acting ommendation that it be confirmed sub- shire (Mrs. SHAHEEN) was added as a co- Director, Office of Personnel Management, ject to the nominee’s commitment to sponsor of S. 122, a bill to amend the transmitting, pursuant to law, the Semi- respond to requests to appear and tes- Federal Food, Drug, and Cosmetic Act annual Report of the Inspector General and tify before any duly constituted com- to allow for the personal importation the Management Response for the period mittee of the Senate. of safe and affordable drugs from ap- from April 1, 2015 through September 30, 2015; proved pharmacies in Canada. to the Committee on Homeland Security and f S. 233 Governmental Affairs. EC–3924. A communication from the Sec- INTRODUCTION OF BILLS AND At the request of Mr. LEE, the name retary of the Treasury, transmitting, pursu- JOINT RESOLUTIONS of the Senator from Wisconsin (Mr. ant to law, the Semi-Annual Report of the The following bills and joint resolu- JOHNSON) was added as a cosponsor of Inspector General for the period from April tions were introduced, read the first S. 233, a bill to amend the Fair Labor 1, 2015 through September 30, 2015 and the and second times by unanimous con- Standards Act of 1938 to provide com- Semi-Annual Report of the Treasury Inspec- sent, and referred as indicated: pensatory time for employees in the tor General for Tax Administration (TIGTA); private sector. to the Committee on Homeland Security and By Ms. KLOBUCHAR (for herself and Governmental Affairs. Ms. MURKOWSKI): S. 298 EC–3925. A communication from the Ad- S. 2401. A bill to amend the Omnibus Crime At the request of Mr. GRASSLEY, the ministrator, Environmental Protection Control and Safe Streets Act of 1968 to en- name of the Senator from Washington

VerDate Sep 11 2014 03:59 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A15DE6.004 S15DEPT1 smartinez on DSK4TPTVN1PROD with SENATE December 15, 2015 CONGRESSIONAL RECORD — SENATE S8685 (Ms. CANTWELL) was added as a cospon- MERKLEY) and the Senator from Massa- S. 1874 sor of S. 298, a bill to amend titles XIX chusetts (Mr. MARKEY) were added as At the request of Mr. HATCH, the and XXI of the Social Security Act to cosponsors of S. 1041, a bill to elimi- name of the Senator from Oklahoma provide States with the option of pro- nate certain subsidies for fossil-fuel (Mr. INHOFE) was added as a cosponsor viding services to children with medi- production. of S. 1874, a bill to provide protections cally complex conditions under the S. 1152 for workers with respect to their right Medicaid program and Children’s At the request of Mr. WHITEHOUSE, to select or refrain from selecting rep- Health Insurance Program through a the name of the Senator from Oregon resentation by a labor organization. care coordination program focused on (Mr. MERKLEY) was added as a cospon- S. 1915 improving health outcomes for chil- sor of S. 1152, a bill to make permanent At the request of Ms. AYOTTE, the dren with medically complex condi- the extended period of protections for name of the Senator from Colorado tions and lowering costs, and for other members of uniformed services relating (Mr. GARDNER) was added as a cospon- purposes. to mortgages, mortgage foreclosure, sor of S. 1915, a bill to direct the Sec- S. 441 and eviction, and for other purposes. retary of Homeland Security to make At the request of Mr. PERDUE, his S. 1239 anthrax vaccines and antimicrobials name was added as a cosponsor of S. At the request of Mr. DONNELLY, the available to emergency response pro- 441, a bill to amend the Federal Food, name of the Senator from Wisconsin viders, and for other purposes. Drug, and Cosmetic Act to clarify the (Ms. BALDWIN) was added as a cospon- S. 1982 Food and Drug Administration’s juris- sor of S. 1239, a bill to amend the Clean At the request of Mr. CARDIN, the diction over certain tobacco products, Air Act with respect to the ethanol name of the Senator from Alaska (Mr. and to protect jobs and small busi- waiver for the Reid vapor pressure lim- SULLIVAN) was added as a cosponsor of nesses involved in the sale, manufac- itations under that Act. S. 1982, a bill to authorize a Wall of Re- turing and distribution of traditional membrance as part of the Korean War S. 1375 and premium cigars. Veterans Memorial and to allow cer- At the request of Mr. DURBIN, the S. 551 name of the Senator from Michigan tain private contributions to fund the At the request of Mrs. FEINSTEIN, the Wall of Remembrance. (Mr. PETERS) was added as a cosponsor name of the Senator from Oregon (Mr. of S. 1375, a bill to designate as wilder- S. 2044 WYDEN) was added as a cosponsor of S. ness certain Federal portions of the red At the request of Mr. THUNE, the 551, a bill to increase public safety by rock canyons of the Colorado Plateau name of the Senator from Oregon (Mr. permitting the Attorney General to and the Great Basin Deserts in the WYDEN) was added as a cosponsor of S. deny the transfer of firearms or the State of Utah for the benefit of present 2044, a bill to prohibit the use of cer- issuance of firearms and explosives li- and future generations of people in the tain clauses in form contracts that re- censes to known or suspected dan- United States. strict the ability of a consumer to com- gerous terrorists. municate regarding the goods or serv- S. 1562 S. 740 ices offered in interstate commerce At the request of Mr. WYDEN, the At the request of Mr. HATCH, the that were the subject of the contract, name of the Senator from Pennsyl- name of the Senator from Minnesota and for other purposes. vania (Mr. CASEY) was added as a co- (Ms. KLOBUCHAR) was added as a co- S. 2109 sponsor of S. 1562, a bill to amend the sponsor of S. 740, a bill to improve the At the request of Mr. JOHNSON, the Internal Revenue Code of 1986 to re- coordination and use of geospatial name of the Senator from New Hamp- form taxation of alcoholic beverages. data. shire (Ms. AYOTTE) was added as a co- S. 1697 S. 849 sponsor of S. 2109, a bill to direct the At the request of Ms. HEITKAMP, the At the request of Mr. ISAKSON, the Administrator of the Federal Emer- name of the Senator from Minnesota name of the Senator from Montana gency Management Agency to develop (Mr. TESTER) was added as a cosponsor (Ms. KLOBUCHAR) was added as a co- an integrated plan to reduce adminis- sponsor of S. 849, a bill to amend the of S. 1697, a bill to provide an exception trative costs under the Robert T. Staf- Public Health Service Act to provide from certain group health plan require- ford Disaster Relief and Emergency As- for systematic data collection and ments to allow small businesses to use sistance Act, and for other purposes. pre-tax dollars to assist employees in analysis and epidemiological research S. 2148 the purchase of policies in the indi- regarding Multiple Sclerosis (MS), Par- At the request of Mr. WYDEN, the kinson’s disease, and other neuro- vidual health insurance market, and name of the Senator from New Mexico logical diseases. for other purposes. (Mr. HEINRICH) was added as a cospon- S. 928 S. 1715 sor of S. 2148, a bill to amend title At the request of Mrs. GILLIBRAND, At the request of Mr. HOEVEN, the XVIII of the Social Security Act to the name of the Senator from Arkansas name of the Senator from Delaware prevent an increase in the Medicare (Mr. BOOZMAN) was added as a cospon- (Mr. CARPER) was added as a cosponsor part B premium and deductible in 2016. sor of S. 928, a bill to reauthorize the of S. 1715, a bill to require the Sec- S. 2159 World Trade Center Health Program retary of the Treasury to mint coins in At the request of Mr. PERDUE, his and the September 11th Victim Com- commemoration of the 400th anniver- name was added as a cosponsor of S. pensation Fund of 2001, and for other sary of the arrival of the Pilgrims. 2159, a bill to amend title XIX of the purposes. S. 1830 Social Security Act to allow for great- S. 968 At the request of Mr. BARRASSO, the er State flexibility with respect to ex- At the request of Mrs. GILLIBRAND, name of the Senator from New Hamp- cluding providers who are involved in the names of the Senator from New shire (Mrs. SHAHEEN) was added as a co- abortions. Jersey (Mr. MENENDEZ) and the Sen- sponsor of S. 1830, a bill to amend title S. 2226 ator from Connecticut (Mr. MURPHY) XVIII of the Social Security Act to At the request of Ms. AYOTTE, the were added as cosponsors of S. 968, a provide for the coverage of marriage names of the Senator from New York bill to require the Commissioner of So- and family therapist services and men- (Mrs. GILLIBRAND) and the Senator cial Security to revise the medical and tal health counselor services under from Nevada (Mr. HELLER) were added evaluation criteria for determining dis- part B of the Medicare program, and as cosponsors of S. 2226, a bill to amend ability in a person diagnosed with Hun- for other purposes. the Public Health Service Act to reau- tington’s Disease and to waive the 24- S. 1831 thorize the residential treatment pro- month waiting period for Medicare eli- At the request of Mr. TOOMEY, the grams for pregnant and postpartum gibility for individuals disabled by name of the Senator from New Mexico women and to establish a pilot pro- Huntington’s Disease. (Mr. HEINRICH) was added as a cospon- gram to provide grants to State sub- S. 1041 sor of S. 1831, a bill to revise section 48 stance abuse agencies to promote inno- At the request of Mr. SANDERS, the of title 18, United States Code, and for vative service delivery models for such names of the Senator from Oregon (Mr. other purposes. women.

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NIZING THE ESSENTIAL ROLE OF olution; which was considered and AVIATION MAINTENANCE TECH- agreed to: S. 2321 NICIANS IN ENSURING THE S. RES. 336 At the request of Mr. MERKLEY, the SAFETY AND SECURITY OF CIVIL Whereas on December 6, 2015, the Portland name of the Senator from Pennsyl- AND MILITARY AIRCRAFT Timbers won the Cup, vania (Mr. CASEY) was added as a co- Mr. SCHUMER submitted the fol- the championship match of Major League sponsor of S. 2321, a bill to amend the lowing resolution; which was referred Soccer; Fair Labor Standards Act of 1938 re- to the Committee on Commerce, Whereas by defeating the by a score of 2 to 1, the Portland Timbers garding reasonable break time for Science, and Transportation: won their first Major League Soccer cham- nursing mothers. S. RES. 335 pionship and the 20th edition of the Major League Soccer Cup; S. 2325 Whereas the safety of the flying public is ensured and the integrity of aircraft air- Whereas Portland Timbers players Diego At the request of Ms. BALDWIN, the worthiness is personally guaranteed by indi- Valeri and Rodney Wallace scored goals in name of the Senator from Alaska (Mr. viduals who comprise the professional avia- the Major League Soccer Cup; SULLIVAN) was added as a cosponsor of tion maintenance technician workforce; Whereas Portland Timbers midfielder Diego Valeri was designated by Major S. 2325, a bill to require the Secretary Whereas professional aviation mainte- nance technicians are key members of the League Soccer as the Most Valuable Player of Commerce, acting through the Ad- Armed Forces of the United States and help of the Major League Soccer Cup; ministrator of the National Oceanic protect the United States through a strong Whereas the victory of the Portland Tim- and Atmospheric Administration, to Armed Forces aviation infrastructure; bers in the Major League Soccer Cup was the establish a constituent-driven program Whereas the duties of aviation mainte- first Major League Soccer championship win to provide a digital information plat- nance technicians are critical to the home- for Portland Timbers head coach, Caleb Por- land security of the United States and an in- ter, and Portland Timbers owner, Merritt form capable of efficiently integrating tegral component of the aerospace industry Paulson; coastal data with decision-support of the United States; Whereas by doing charity work, the Port- tools, training, and best practices and Whereas professional aviation mainte- land Timbers organization inspires the peo- to support collection of priority coast- nance technicians provide the strong infra- ple of Portland, Oregon, both on the soccer al geospatial data to inform and im- structure through which public confidence in field and in the community; prove local, State, regional, and Fed- the airborne transportation safety and mili- Whereas the Timbers Army and the fans of tary aviation strength of the United States the Portland Timbers, who inspire and exem- eral capacities to manage the coastal is ensured; plify Rose City pride by filling Providence region, and for other purposes. Whereas, in 1901, Charles Edward Taylor Park with songs, scarves, flags, and confetti, began working as a machinist for Orville and and contributing to the community with S. 2361 Wilbur Wright at the Wright Cycle Company charity work, are the best fans in Major At the request of Mr. NELSON, the in Dayton, Ohio; League Soccer; and name of the Senator from Minnesota Whereas using only a metal lathe, drill Whereas the success of the Portland Tim- press, and hand tools, Charles Edward Taylor bers soccer team will— (Ms. KLOBUCHAR) was added as a co- built, in 6 weeks, the 12-horsepower engine (1) broaden an appreciation of athletics in sponsor of S. 2361, a bill to enhance air- that was used to power the first flying ma- young people; and port security, and for other purposes. chine of the Wright brothers; (2) encourage Oregonians to volunteer in Whereas the ingenuity of Charles Edward their communities: Now, therefore, be it S. 2377 Taylor earned him a place in aviation his- Resolved, That the Senate— At the request of Mr. REID, the name tory when the Wright brothers successfully (1) honors the Portland Timbers as the of the Senator from Minnesota (Ms. flew their airplane in controlled flight on champions of Major League Soccer in 2015; December 17, 1903; (2) recognizes the outstanding achievement KLOBUCHAR) was added as a cosponsor Whereas Charles Edward Taylor had a suc- of the Portland Timbers team, ownership, of S. 2377, a bill to defeat the Islamic cessful career in aviation maintenance for and staff; and State of Iraq and Syria (ISIS) and pro- more than 60 years; (3) requests that the Secretary of the Sen- tect and secure the United States, and Whereas Charles Edward Taylor was hon- ate prepare an enrolled copy of this resolu- for other purposes. ored by the Federal Aviation Administration tion for— with the establishment of the Charles Ed- (A) Portland Timbers owner Merritt S. RES. 148 ward Taylor Master Mechanic Award, which Paulson; recognizes individuals with not less than 50 (B) Portland Timbers head coach Caleb At the request of Mr. KIRK, the name years of aviation maintenance experience; Porter; and of the Senator from Hawaii (Mr. Whereas Charles Edward Taylor has be- (C) Portland Timbers general manager SCHATZ) was added as a cosponsor of S. come a hero to aircraft maintenance techni- . Res. 148, a resolution condemning the cians worldwide; and Government of Iran’s state-sponsored Whereas 45 States, together with the com- f persecution of its Baha’i minority and monwealths, territories, republics, and fed- its continued violation of the Inter- erations of the United States, have already AMENDMENTS SUBMITTED AND declared May 24 to be Aviation Maintenance PROPOSED national Covenants on Human Rights. Technician Day within their jurisdictions: S. RES. 326 Now, therefore, be it SA 2928. Mr. INHOFE (for Mrs. FEINSTEIN Resolved, That the Senate— (for herself and Mr. REED)) proposed an At the request of Mr. JOHNSON, the (1) supports National Aviation Mainte- amendment to the bill S. 571, to amend the name of the Senator from North Caro- nance Technician Day to honor the profes- Pilot’s Bill of Rights to facilitate appeals lina (Mr. BURR) was added as a cospon- sional men and women who ensure the safety and to apply to other certificates issued by sor of S. Res. 326, a resolution cele- and security of the airborne aviation infra- the Federal Aviation Administration, to re- structure of the United States; and quire the revision of the third class medical brating the 135th anniversary of diplo- (2) recognizes the life and memory of certification regulations issued by the Fed- matic relations between the United Charles Edward Taylor, the aviation mainte- eral Aviation Administration, and for other States and Romania. nance technician who built and maintained purposes.

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Mr. President, I ask unani- sider individually the following nomi- STEIN (for herself and Mr. REED)) pro- mous consent that LCDR Robert nations at a time to be determined by posed an amendment to the bill S. 571, Donnell, a Coast Guard fellow with the the majority leader in consultation to amend the Pilot’s Bill of Rights to Senate commerce committee, be grant- with the Democratic leader: Calendar facilitate appeals and to apply to other ed floor privileges for the remainder of Nos. 305, 306, 360, and 361; that there be certificates issued by the Federal Avia- the 114th Congress. 30 minutes for debate for each nomina- tion Administration, to require the re- The PRESIDING OFFICER. Without tion equally divided in the usual form; vision of the third class medical cer- objection, it is so ordered. that upon the use or yielding back of time on the respective nomination, the tification regulations issued by the f Federal Aviation Administration, and Senate proceed to vote without inter- for other purposes; as follows: EXECUTIVE SESSION vening action or debate on the nomina- On page 37, line 12, after the period, insert tion. Further, as in executive session, I ask unanimous consent that all judi- the following: ‘‘I certify that I am not aware EXECUTIVE CALENDAR of any medical condition that, as presently cial nominations received by the Sen- treated, could interfere with the individual’s Mr. MCCONNELL. Mr. President, I ate during the 114th Congress, first ses- ability to safely operate an aircraft.’’. ask unanimous consent that the Sen- sion, remain in status quo, notwith- On page 40, line 6, insert ‘‘and signed by ate proceed to executive session to con- standing the provisions of rule XXXI, the physician’’ after ‘‘followed’’. On page 48, between lines 3 and 4, insert sider the following nominations en paragraph 6, of the Standing Rules of the following: bloc: Calendar Nos. 378, 380, and 427 the Senate. (l) AUTHORITY TO REQUIRE ADDITIONAL IN- through 430. The PRESIDING OFFICER. Is there FORMATION.— The PRESIDING OFFICER. Without objection? (1) IN GENERAL.—If the Administrator re- objection, it is so ordered. Without objection, it is so ordered. ceives credible or urgent information, in- Thereupon, the Senate proceeded to Mr. MCCONNELL. For the informa- cluding from the National Driver Register or consider the nominations en bloc. tion of our colleagues, it is my inten- the Administrator’s Safety Hotline, that re- Mr. MCCONNELL. Mr. President, I flects on an individual’s ability to safely op- tion to schedule each of these nomina- erate a covered aircraft under the third-class ask unanimous consent that the Sen- tions for floor consideration and a vote medical certificate exemption in subsection ate vote en bloc without intervening prior to the Presidents Day recess in (a), the Administrator may require the indi- action or debate on the nominations in February. vidual to provide additional information or the order listed; that following disposi- f history so that the Administrator may de- tion of the nominations, the motion to termine whether the individual is safe to reconsider be considered made and laid HONORING THE PORTLAND TIM- continue operating a covered aircraft. upon the table with no intervening ac- BERS AS THE CHAMPIONS OF (2) USE OF INFORMATION.—The Adminis- tion or debate; that no further motions MAJOR LEAGUE SOCCER IN 2015 trator may use credible or urgent informa- tion received under paragraph (1) to request be in order to any of the nominations; Mr. MCCONNELL. Mr. President, I an individual to provide additional informa- that any statements related to the ask unanimous consent that the Sen- tion or to take actions under section 44709(b) nominations be printed in the RECORD; ate proceed to the immediate consider- of title 49, United States Code. that the President be immediately no- ation of S. Res. 336, submitted earlier f tified of the Senate’s action and the today. Senate then resume legislative session. AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there MEET clerk will report the resolution by objection? title. COMMITTEE ON ARMED SERVICES Without objection, it is so ordered. The bill clerk read as follows: Mr. ENZI. Mr. President, I ask unani- The question is, Will the Senate ad- A resolution (S. Res. 336) honoring the mous consent that the Committee on vise and consent to the nominations of Armed Services be authorized to meet Portland Timbers as the champions of Major Anthony Rosario Coscia, of New Jer- League Soccer in 2015. during the session of the Senate on De- sey, to be a Director of the Amtrak There being no objection, the Senate cember 15, 2015, at 9:30 a.m. Board of Directors for a term of five proceeded to consider the resolution. The PRESIDING OFFICER. Without years; Derek Tai-Ching Kan, of Cali- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. fornia, to be a Director of the Amtrak ask unanimous consent that the reso- COMMITTEE ON FOREIGN RELATIONS Board of Directors for a term of five lution be agreed to, the preamble be Mr. ENZI. Mr. President, I ask unani- years; Dana J. Boente, of Virginia, to agreed to, and the motions to recon- mous consent that the Committee on be United States Attorney for the sider be considered made and laid upon Foreign Relations be authorized to Eastern District of Virginia for the the table with no intervening action or meet during the session of the Senate term of four years; Robert Lloyd Ca- debate. on December 15, 2015, at 2:15 p.m., to pers, of New York, to be United States The PRESIDING OFFICER. Without conduct a hearing entitled ‘‘Afghani- Attorney for the Eastern District of objection, it is so ordered. stan Intelligence Assessment.’’ New York for the term of four years; The resolution (S. Res. 336) was The PRESIDING OFFICER. Without John P. Fishwick, Jr., of Virginia, to agreed to. objection, it is so ordered. be United States Attorney for the The preamble was agreed to. COMMITTEE ON VETERANS’ AFFAIRS Western District of Virginia for the (The resolution, with its preamble, is Mr. ENZI. Mr. President, I ask unani- term of four years; and Emily Gray printed in today’s RECORD under ‘‘Sub- mous consent that the Committee on Rice, of New Hampshire, to be United mitted Resolutions.’’) Veterans’ Affairs be authorized to meet States Attorney for the District of New during the session of the Senate on De- Hampshire for the term of four years? f cember 15, 2015, at 2:30 p.m., in room The nominations were confirmed en SR–418, of the Russell Senate Office ORDERS FOR WEDNESDAY, bloc. DECEMBER 16, 2015 Building. f The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I objection, it is so ordered. LEGISLATIVE SESSION ask unanimous consent that when the SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. The Sen- Senate completes its business today, it Mr. ENZI. Mr. President, I ask unani- ate will now resume legislative session. adjourn until 11 a.m., Wednesday, De- mous consent that the Select Com- f cember 16; that following the prayer mittee on Intelligence be authorized to and pledge, the morning hour be meet during the session of the Senate UNANIMOUS CONSENT AGREE- deemed expired, the Journal of pro- on December 15, 2015, at 10 a.m. MENT—EXECUTIVE CALENDAR ceedings be approved to date, and the The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I time for the two leaders be reserved for objection, it is so ordered. ask unanimous consent that the Sen- their use later in the day; further, that

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CONGRATULATING GOV. TERRY Jane, Nancy, Anne, and Carol, truly embodies me in working with our Taiwanese partners to BRANSTAD ON BECOMING THE our Iowa values. It is families like the Ryan promote our common interests and uphold LONGEST-SERVING GOVERNOR IN family that make me proud to call myself an international law. AMERICAN HISTORY Iowan and represent the people of our great f state. Mr. Speaker, I commend this great couple HONORING CHIEF MASTER HON. PAUL D. RYAN SERGEANT JOHN FRANCIS DITRO OF WISCONSIN on their 65th year together and I wish them many more. I ask that my colleagues in the IN THE HOUSE OF REPRESENTATIVES United States House of Representatives join HON. JOHN KATKO Tuesday, December 15, 2015 me in congratulating them on this momentous OF NEW YORK Mr. RYAN of Wisconsin. Mr. Speaker, on occasion. IN THE HOUSE OF REPRESENTATIVES behalf of the whole House, I extend heartfelt f Tuesday, December 15, 2015 congratulations to Governor Terry Branstad on his 7,642nd day in office. He is now the long- PERSONAL EXPLANATION Mr. KATKO. Mr. Speaker, I rise today to est-serving governor in American history. And honor the career of Chief Master Sergeant this day of recognition comes not a moment HON. LYNN A. WESTMORELAND John F. Ditro who will retire from the United too soon because his principled leadership is OF GEORGIA States Air Force on December 31, 2015. Chief a model for us all. IN THE HOUSE OF REPRESENTATIVES Master Sergeant Ditro has more than 27 years Over the course of his 21 years in office, he of combined military service in the United Tuesday, December 15, 2015 has helped the people of Iowa overcome enor- States Navy, the United States Air Force, and mous challenges. He inherited a budget def- Mr. WESTMORELAND. Mr. Speaker, on the New York Air National Guard. icit; he now presides over a large surplus. December 11, 2015, the House of Represent- Chief Ditro entered the United States Navy When he came in, the state economy had atives considered the Conference Report to through the delayed enlistment program in gone bust; now it is booming. And through Accompany H.R. 644, the Trade Facilitation May of 1982 and was called up to active duty good times and bad, he has always stood and Trade Enforcement Act of 2015. Regret- in July of that year. In January of 1983, he four-square behind his values. tably, due to a family commitment I was un- was assigned to the United States Naval Sta- People say he is good at retail politics, and able to cast my vote on this legislation. Had I tion Roosevelt Roads, Puerto Rico, working on that is certainly true. But his success is more been present, I would have voted yes on the truck diesel engines and aviation fuel pumps than a testament to his skill. It is a testament Conference Report to Accompany H.R. 644, in support of the Aviation Fuels Division. to his devotion. Governor Branstad knows that the Trade Facilitation and Trade Enforcement After a brief stint in the naval reserves, a true public servant lives among the people. Act of 2015. Chief Ditro re-enlisted in the United States He visits all 99 counties of Iowa every year. f Navy in March of 1986. He was stationed He can tell you the ins and outs of everything aboard the Caloosahatchee and in March of in Iowa—from soybeans to livestock to insur- IN SUPPORT OF OUR CLOSE 1988, Chief Ditro was released from the ance. He goes to every small event in every PARTNER TAIWAN United States Navy. Chief Ditro then began small town because he wants to be there. He working as a civilian accountant at the Naval listens because he cares. HON. SCOTT DesJARLAIS Air Station Joint Reserve Base and in 1994 he Asked what he wants his legacy to be, Gov- OF TENNESSEE joined the Pennsylvania Air National Guard as ernor Branstad has said he wants Iowa to be IN THE HOUSE OF REPRESENTATIVES a Combat Communications technician. In Au- a place where young people want to stay— gust of 1995 Chief Ditro accepted a position Tuesday, December 15, 2015 where there is opportunity for all. I could think with the New York Air National Guard working of no better goal for every governor in the Mr. DESJARLAIS. Mr. Speaker, I rise today as a Command and Control Battle Manage- country. to highlight the positive steps that our close ment Operations specialist in the Northeast Air I also think it is fitting that the long-serving partner and friend Taiwan has taken in the Defense Sector. Chief Ditro was activated on governor whose record he has surpassed was South China Sea. September 11, 2001 after the attack on the George Clinton, a man who left his state to On December 12, 2015, the Taiwanese gov- World Trade Center. become vice president. For Governor ernment inaugurated a newly constructed In June of 2002, Chief Ditro transferred to Branstad, national office would have been a lighthouse and renovated wharf on the Taiping the 174th Fighter Wing located at Hancock step down. He knows his state. He loves his Island, which is the largest natural island of Field Air National Guard Base in Syracuse, state. The people of Iowa are grateful for his the Spratly Islands in the South China Sea New York. Chief Ditro was named the Finan- service. I’m grateful for his friendship. And all and has been administered by Taiwan since cial Management Superintendent in 2003; of us in the House are grateful for his exam- 1946. This infrastructure project will help sup- under Chief Ditro’s management, the financial ple. port free and safe passage of ships through services office was named the Financial Serv- f the surrounding waters, further enabling Tai- ices Office of the Year in 2008. In June of wan to offer humanitarian assistance, disaster 2010, Chief Ditro accepted the challenge to TRIBUTE TO BILL AND MARILYN relief, and provide emergency rescue support become the first Operations Support Squadron RYAN to passing vessels. Superintendent leading the charge to assist Like the United States, Taiwan is a firm be- the Operations Group in all missions as the HON. DAVID YOUNG liever in freedom of navigation rights and has Chief of Intelligence. OF IOWA actively worked to promote peace and pros- Chief Master Sergeant Ditro’s major awards IN THE HOUSE OF REPRESENTATIVES perity throughout the South China Sea region. and decorations include: Meritorious Service Earlier this year, Taiwan President Ma Ying- Medal, Air Force Commendation Medal with 2 Tuesday, December 15, 2015 jeou proposed the South China Sea Peace Ini- Devices, Air Force Achievement Medal, Meri- Mr. YOUNG of Iowa. Mr. Speaker, I rise tiative, reiterating their government’s long- torious Unit Award, Air Force Outstanding Unit today to recognize and congratulate Bill and standing position of shelving disputes and pro- Award, Air Force Organizational Excellence Marilyn Ryan of Council Bluffs, Iowa, on the moting joint resource development in these Award, Coast Guard Meritorious Unit Com- very special occasion of their 65th wedding contested waters. mendation, Combat Readiness Medal with 2 anniversary. They were married in 1950. Over the years, Taiwan has continued to Devices, Navy Good Conduct Medal, Air Re- Bill and Marilyn’s lifelong commitment to play a responsible and peaceful role in the re- serve Forces Meritorious Service Medal with 6 each other and their children, Laura, Mary, gion and as such, I urge my colleagues to join Devices, National Defense Service Medal with

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

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.001 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1788 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2015 1 Device, Global War on Terrorism Expedi- with KE&G Construction to complete the tial staff members in the detention center tionary Medal, Global War on Terrorism Serv- project within a three-month time frame. Work- which accounts for nearly 200 employees. Of- ice Medal, Humanitarian Service Medal, Navy ing through more than two inches of rainfall, ficer McCann’s wealth of knowledge comes from over 20 years of experience in the Mary- and Marine Corp Overseas Service Ribbon, these dynamic teams beat the heaviest rains land department of corrections where he Air Force Expeditionary Service Ribbon with of the summer monsoon season.’’ served as a lieutenant. Gold Border, Air Force Longevity with 5 De- The health of the San Pedro River is impor- Deputy Shane Jewell joined the Clarke vices, Armed Forces Reserve Medal with 3 tant to Fort Huachuca and the vitality of the County Sheriff’s Office in 2009. He is a re- ‘‘M’’ Devices, New York Recruiting Medal, surrounding community. Projects like these spected instructor at the Rappahannock Re- New York Humane Service to New York State help to protect the future of the San Pedro gional Criminal Justice Academy, where he Medal, New York Air National Guard Out- River and demonstrate the commitment of the teaches defensive tactics. Deputy Jewell sup- ports the mission of this office and is the standing Enlisted Leader of the Year Ribbon, Army and the community to preserving their epitome of a team player. Deputy Jewell’s and New York Defense of Liberty award. natural environment. hard work and dedication to the Clarke Chief Ditro has served his country honorably f County community is valuable. and for that he has my utmost respect. I want Deputy Mackenzie Carter joined the Win- to thank him for his dedication, loyalty, and HONORING LAW ENFORCEMENT chester City Sheriff’s Office only a year ago; service to his country. I wish Chief Ditro the OFFICERS IN VIRGINIA’S 10TH however, in a short time, she has displayed DISTRICT her dedication to the office and her team. best and I hope that he enjoys his retirement She exerts a strong ability to assist others with his wife Sandy and his two sons, Jason and volunteers for extra duties at the sher- and Joshua. HON. BARBARA COMSTOCK iff’s office. Deputy Carter has the willingness f OF VIRGINIA to take on difficult projects and see them to IN THE HOUSE OF REPRESENTATIVES a successful completion, which has repeat- CONGRATULATING LOCAL Tuesday, December 15, 2015 edly impressed the sheriff over the past year. LEADERS IN COCHISE COUNTY Deputy Carter has also shown that she is Mrs. COMSTOCK. Mr. Speaker, I rise today dedicated to going above and beyond in serv- HON. MARTHA McSALLY to recognize the following law enforcement ing her community. She has participated in personnel who have recently been honored at and started several community-based fund- OF ARIZONA the 11th Annual Law Enforcement Apprecia- raising events and community service incen- IN THE HOUSE OF REPRESENTATIVES tion Dinner in my district for their invaluable tives, such as the CCAP food drive, Evans Tuesday, December 15, 2015 service and commitment to our communities. I Home for Children food drive, the Winchester Literacy Foundation summer reading pro- Ms. MCSALLY. Mr. Speaker, I rise to con- submit the following excerpts from a speech gram. gratulate local leaders in Cochise County, delivered by Mr. Jim Wink, who spoke at this While on patrol one evening, Deputy Aaron KE&G construction, and Cemex for their out- event in the fall. This year’s honorees are Offi- Jeter, observed a speeding violator. He made standing work on the Palominas Flood Protec- cer Dustin Bowers of the Mount Weather Po- the decision to stop the vehicle for the viola- tion and Groundwater Recharge project. This lice Department, Officer William McCann of tion. With the assistance from other depu- ties; Deputy Jeter was able to recover a project is the first-ever aquifer protection and the Northwestern Regional Adult Detention Center, Deputy Shane Jewell of the Clarke large amount of heroin from under the vehi- recharge effort of its kind implemented at a re- cle. The total amount seized from the traffic gional scale, and aims to protect flows of a County Sheriff’s Office, Deputy Mackenzie stop was 261 individual packets of heroin and desert river and its lush streamside habitat Carter of the Winchester City Sheriff’s Office, over $400.00 in cash. Following this seizure, while also replenishing the water supplies of Deputy Aaron Jeter of the Frederick County Deputy Jeter continued his increased effort local residents. The Palominas project em- Sheriff’s Office, Laura Patten of the Berryville to combat the local heroin epidemic, which bodies the values of the residents of Cochise Police Department, Corporal Richie Lewis plagues our community. Deputy Jeter’s work County who not only want to ensure protection O’Connor of Winchester Police Department, against the local heroin problem is truly noteworthy. The efforts of deputies, like of our waterways and natural resources, but Trooper Terry Hilliker of the Virginia Depart- ment of State Police, and DEA Special Agent Aaron Jeter, will help curb the amount of are looking for solutions to provide more eco- heroin related overdoses and deaths, which nomic opportunity. One-size-fits-all require- Thomas Hickey of the Northwest Virginia Re- our community has recently faced. Deputy ments from Washington fail to take into ac- gional Drug Task Force. Jeter’s outstanding work with these cases count Arizona’s unique landscapes, but the Officer Dustin Bowers has continually dis- makes him a worthy and deserving candidate formation of local partnerships allowed the played the highest degree of competence, es- for this year’s HSCBA award. community to come together to create a solu- prit de corps, and dedication to the mission Laura Patten serves the Berryville Police at Mount Weather. He routinely goes above tion to benefit all, including the citizens, busi- Department as the sole civilian employee in and beyond to perform his duties as a police the capacity of administrative assistant. She nesses, and native plants and animals. officer, and in doing so, improves the Mount began working for the department in August This project received top state and local Weather department. Officer Bowers, with- of 1989 and is looking forward to her upcom- honors in Arizona and was recognized inter- out hesitation, took on the responsibility of ing retirement in 2016. Early in her career nationally for offering a long-term solution to serving as the field training officer for new she served as a crossing guard making sure the recurring problem of sheet flow flooding at officers. This year, Officer Bowers was se- the children of the community made their a local elementary school and the need for aq- lected to attend the federal law enforcement way safely to school and back home. In the uifer recharge. The project includes a 17 mil- training center’s active shooter instructor office, Laura keeps the flow of communica- course. Since completing the course, Officer lion gallon detention basin that holds storm tion working between the community and of- Bowers has worked to improve the depart- ficers in the field. Indeed, she is the face and water runoff, as well as dry wells and infiltra- ment’s capability to respond to an active voice of the department working the front tion trenches covering 290 acres. These dry shooter incident. He is currently developing desk and answering the phones. It is often an wells and infiltration trenches provide addi- an active shooter training program for under-appreciated function that Laura pro- tional storage capacity during storms, reduce Mount Weather emergency operation center vides to the department. Berryville PD Chief the loss of water through evaporation, and in- employees focused on teaching them how to Neal White states he is very thankful that crease the amount of water recharged into the react to shooting incidents in the work place she is getting the credit she truly deserves. nearby San Pedro River. and other public locations. Officer Bowers Corporal Richie Lewis of Winchester re- sponded to a violent kidnapping last year Dennis Donovan, a civil engineer over- also, through his own initiative, researched and proposed new equipment that the depart- that involved a male holding a knife to the seeing the project for Cochise County told the ment purchased, which improved police offi- throat of a female. Lewis helped to neu- Arizona Republic that the project includes the cer readiness at all levels. Mount Weather tralize the situation with the help of his large detention basin with berms to slowly Police Department can think of no finer offi- team. Upon seeing the officers the suspect steer the water into a wide channel before cer more deserving of recognition. became agitated, so the officers withdrew spilling over four foot walls that ‘‘slow down Officer William McCann is the head of the from the building out of fear the suspect the storm water to where, to the best it can, field training officer program, a CPR in- would harm the female. When the suspect it (sinks and) recharges.’’ The water control structor, training officer, and constant men- shut the hall door Cpl. Lewis reentered the tor at the detention center in Winchester. He building and snuck up to the landing on the mechanisms in the basin keep storm water has been nominated and will be the recipient third floor. While Cpl. Lewis was approach- from washing through in a day leaving the of two life-saving awards. In addition to ing the landing, with gun drawn, the suspect basin dry again the next. these two critical incidents, Officer reopened the door. Out of fear of shooting The Sierra Vista Herald noted that, McCann’s impact is present on a daily basis. the female Cpl. Lewis transitioned from his ‘‘CEMEX’s Sierra Vista Plant joined forces He is one of the most respected and influen- pistol to his Taser. When the suspect gave

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K15DE8.003 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 15, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1789 Cpl. Lewis an opening between the female’s the Law of the Sea (UNCLOS). I especially ior, and conduct, in both academics and ath- body and his own, Cpl. Lewis was able to take note of Taiwan’s willingness to work with letics. The school website states, ‘‘At Marshall shoot the suspect with his Taser and inca- other parties concerned, through consultations Christian Academy, we play Six-Man Football pacitate him, bringing the situation to a quick and effective resolution. conducted on the basis of equality and reci- to work in the character of Christ to our young Trooper Hilliker handles all traffic and procity, to jointly ensure peace and stability in men. God has blessed us with the opportunity criminal matters with professionalism and the South China Sea, to uphold the freedom to play the great game of football. Six-Man is personal pride. He continues to take on the of navigation and overflight, and to conserve an effective tool for developing young men in extra responsibility of being an explosive and develop resources in the region. discipleship and training them in the game of K–9 handler on top of his other duties. Troop- Taiping Island is the largest natural and self- life—how to play a game, how to be tough er Hilliker’s dedication to the department sustainable island in Spratly Islands. This is- and how to represent Jesus Christ on and off and the citizens it serves is unmatched. 2001– land qualifies as an island according to the the field.’’ 2002 Winchester Police Department, 1997–1999 UNCLOS. Taiwan has set up a hospital in The team fought and overcame a number of Muskego Police Department Muskego, WI. Terry Hilliker served as a member of the Taiping Island. Over the past decade, this obstacles before claiming the state title, prov- Winchester and Muskego Police Depart- hospital has offered humanitarian assistance ing once again they are champions in every ments as a patrolman where he was tasked to 21 people in 20 cases, including 12 Phil- sense of the word. Their season was riddled with a multitude of responsibilities and chal- ippine and Myanmar nationals, which fully with lengthy travel, inclement weather, ill- lenges when working in local law enforce- demonstrates Taiwan’s dedication to humani- nesses, and a devastating car accident which ment. The experience Terry learned during tarianism. seriously injured two team members and this time is evident in his current role as a f claimed the life of a family member. But trooper. Terry Hilliker started his service re- through it all, the Guardians relied on the lated professions with the United States Ma- COMMEMORATING TROY’S 60TH power of prayer to persevere and emerge tri- rine Corps (1976–1996). He served in various ANNIVERSARY command, staff and administrative billets umphant, resulting in a season culminating in from the platoon, company, and battalion their first ever state football championship with levels to the regimental, brigade, and divi- HON. DAVID A. TROTT a 36–28 win over Annapolis Christian Acad- sion level. Terry retired from the Marine OF MICHIGAN emy. Corps with the rank of lieutenant colonel. IN THE HOUSE OF REPRESENTATIVES The Marshall Christian Academy Guardians DEA Special Agent Thomas Hickey is a Tuesday, December 15, 2015 achieving this landmark accomplishment in- contributing member of the Northwest Vir- clude David Florence, Stephan Florence, Wil- ginia Regional Drug Task Force and assists Mr. TROTT. Mr. Speaker, I rise today to liam Hency, Ryan Stokell, Aslan Bell, Andrew members of the force with numerous nar- recognize the 60th anniversary of the city of Stokell, Dylan Alford, Hunter Cagle, Dazmond cotics cases annually. Special Agent Hickey Troy, Michigan. Troy has always been a com- Lewis, Noah Heredia, Caleb Beesinger and has been and continues to be a major sup- munity of opportunity. porting federal entity essential to fighting The township of Troy became a home rule Matthew Stokell. the current heroin epidemic. Special Agent city in 1955 after the introduction of commer- Congratulations should be extended to the Hickey has been instrumental in numerous dedicated faculty and staff members who so local heroin cases by providing intelligence cial and industrial development led to tremen- dous growth in the post-World War II period. skillfully created the solid foundation of direc- information, identifying major Baltimore, tion and motivation necessary to build a team Maryland heroin suppliers and arresting and Since 1955, Troy has witnessed a myriad of of champions: Marshall Christian Academy prosecuting large scale Baltimore heroin dis- changes including the construction of I–75, the tributors who have plagued our commu- explosion of growth on Big Beaver Road, as Administrators Raymond Bade, Duane Schultz nities. Special Agent Hickey is a dedicated well as thriving residential neighborhoods. and Guy Barr III, along with the Guardians’ law enforcement professional who believes in These achievements have not gone unno- athletic staff comprised of Head Coach Guy the working relationships between state, ticed. Troy is consistently rated as one of the Barr III, along with Assistant Coaches Jeff local and federal law enforcement agencies. safest cities in Michigan, best places to raise Arrington, Tyrone Robinson and Robert He continues to provide an expert element to Stokell. the drug task force that is necessary in com- a family, and most recently, one of the happiest places in America. May God continue to bless their efforts so bating the drug epidemics that plague our they may one day dedicate their drive and de- communities. Special Agent Hickey responds None of these things would be possible to active drug overdoses and assists agents without the thousands of city residents that termination to help make this great country by providing support and advice. He prefers strive each day to improve their community even stronger. My most enthusiastic and to be involved in local drug cases from the and take care of their families. It is to you, the heartfelt congratulations to the Marshall Chris- beginning, and often responds to and assists residents of Troy that I say thank you for the tian Academy Guardians, as their legacy is local agents at all hours of the day and now recorded in the CONGRESSIONAL RECORD night. In 2014 special Agent Hickey initiated, privilege of representing you in Congress and congratulations to Troy for sixty prosperous which will endure as long as there is a United investigated, and prosecuted fourteen large States of America. scale federal heroin investigations all of years, with many more to come. which were directly related to the Win- f f chester, Frederick and Clarke county com- REFLECTING ON THE RECOVERY munities. RECOGNIZING THE MARSHALL CHRISTIAN ACADEMY TCAL DIVI- OF THE NORTHERN MARIANA IS- f SION II STATE FOOTBALL CHAM- LANDS SINCE TYPHOON TAIWAN’S PEACE INITIATIVE IN PIONS SOUDELOR THE TAIPING ISLAND OF THE SOUTH CHINA SEA HON. LOUIE GOHMERT HON. GREGORIO KILILI CAMACHO OF TEXAS SABLAN HON. DONALD M. PAYNE, JR. IN THE HOUSE OF REPRESENTATIVES OF THE NORTHERN MARIANA ISLANDS OF NEW JERSEY Tuesday, December 15, 2015 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. GOHMERT. Mr. Speaker, for more than Tuesday, December 15, 2015 Tuesday, December 15, 2015 twenty five years, Marshall Christian Academy Mr. SABLAN. Mr. Speaker, on the night of Mr. PAYNE. Mr. Speaker, I rise today to ex- has been providing Christian based education August 2nd and through the early morning of press my sincere appreciation for the Republic to students whose families desire them to August 3rd this year, Typhoon Soudelor of China (Taiwan) recent leadership and initia- have a solid foundation in academics and ath- lashed through the Northern Mariana Islands, tive in pursuing long-term peace and stability letics, while developing excellence and Christ- causing widespread destruction to homes, in the South China Sea. centered character. It is a great honor to rec- businesses, and infrastructure, uprooting the In December 2015, a U.S. State Department ognize the Marshall Christian Academy Guard- lives of the people I represent here in Con- official expressed that all claimants should ians on their most recent accomplishment, gress. work to reduce regional tensions. capturing the Texas Christian Athletic League Today, I want to reflect on that event, and I encourage all relevant countries to resolve Division II 6-man Football State Championship on the exceptional grace and generosity that maritime disputes in accordance with inter- title. have made recovery possible. national laws and regulations, including the Marshall Christian Academy takes pride in The typhoon’s impact was especially grave United Nations Charter and UN Convention on working on the A, B, and Cs—attitude, behav- on Saipan, the most populated island in the

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K15DE8.005 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1790 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2015 Northern Marianas. Soudelor rendered hun- We thank our Commonwealth emergency enter and investigate alongside their white col- dreds of families homeless overnight. It also management crews, utility workers, police offi- leagues. Crawford also recounted the chal- decimated infrastructure—knocking out power cers and firefighters, healthcare professionals, lenges he and others faced when working with and water systems, shutting down the ports, educators, and other local government em- firefighters from other firehouses around the ravaging the college, schools and other public ployees, who answered the call to serve even city, obtaining information on fighting fires and buildings. as their own families were picking up the in being considered for promotions. Survival is a way of life in our islands. We pieces of their shattered homes and lives. Fire Station No. 8 became well-known for its are accustomed to bracing ourselves through We thank our local businesses, shuttered by crews’ perseverance, work ethic and bravery tropical storms and picking ourselves up when the storm, who nevertheless rallied together to in the line of duty. Over time, other fire com- skies clear. But the sheer ferocity of Typhoon raise funds for the recovery effort. panies became open to working with the men, Soudelor caught us all off-guard. Even the Na- We thank the legions of volunteers—of all which led to the full integration of the Memphis tional Weather Service failed to foresee the ages, all religions and races, many survivors Fire Department. This was, however, not with- force of this storm. themselves—who came forward to share food, out resistance from some within the depart- That there was no loss of life is testament water, clothing, shelter, and comfort with their ment who were opposed to such change, to the resilience and resourcefulness of our fellow human beings. even into the 1980s when some of the twelve people. And we are grateful to Providence for And we thank our friends from throughout men had been promoted to high ranks. By the sparing us. the Pacific region, and indeed throughout the time of their retirements, they had achieved As long as we live, those of us who experi- world, for sending supplies, expertise, and the ranks of: Robert Crawford—Deputy Direc- enced Soudelor will not forget the wreckage equipment by air and by sea to help us back tor of the Memphis Fire Department; Carl we saw the morning after. Nor will we forget on our feet. Stotts—Deputy Chief; Floyd Newsum—Divi- the hardship that followed, the long hours in Today, the marks of Typhoon Soudelor are sion Chief; Norvell Wallace—Assistant Fire line for food and fuel and other necessities, still to be seen in homes and businesses yet Marshal; George Dumas—Battalion Com- the days of physical suffering and distress, the to be repaired, debris yet to be removed. But mander; John Copper—Captain; William Car- weeks without power and running water. beneath these physical scars, a new strength ter—Fire Inspector; Leon Parsons—Lieuten- Soudelor tested our infrastructure, our gov- is arising. ant; Richard Burns—Private; and Lawrence ernment, and our capacity as a community to A new community-based working group deal with disaster. Yates—Private. Sixty years later, the Memphis Now, however, four months after the storm, known as CARE—the Commonwealth Advo- Fire Department remains integrated and three I can report that conditions are greatly im- cates for Recovery Efforts—has emerged. The African Americans have held the highest posi- proved, since that long and terrifying night in people in CARE—from all walks of life, private tion of Director, including Alvin Benson who August. and public sector, formal and informal organi- now serves as the Chief of the Shelby County Electricity is restored, and residents have zations—are committed to rebuilding our is- Fire Department. daily water service. Streets have been cleaned land home so that it is stronger and better Mr. Speaker, these twelve men are a part of in our villages and commercial districts. Stu- than before. Memphis history. They are honored with an dents are in school. Businesses have re- With this newborn spirit of hope, coopera- exhibit at the Fire Museum of Memphis and opened. Workers are employed again. Fami- tion and interdependence I am confident that they have a place in the hearts of the citizens lies are putting their lives back together. we will succeed. of Memphis. Now, they will be honored and Though there is still much to reconstruct f remembered in the United States CONGRES- and strengthen to be better prepared and SIONAL RECORD. I ask all of my colleagues to RECOGNIZING THE 60TH YEAR OF more resilient than before, it is remarkable join me in recognizing the 60th year of deseg- DESEGREGATION OF THE CITY how far we have come on the road to recov- regation of the Memphis Fire Department. OF MEMPHIS FIRE DEPARTMENT ery. f So, today, I want to thank all those who contributed to this successful response to ad- HON. STEVE COHEN HONORING THE FIFTH ANNIVER- versity. There are so many individuals and or- OF TENNESSEE SARY OF THE DEATH OF U.S. ganizations. It is not possible for me to know IN THE HOUSE OF REPRESENTATIVES BORDER PATROL AGENT BRIAN TERRY and name each and every one. Their collec- Tuesday, December 15, 2015 tive efforts prove how much can be done, when people work together towards a com- Mr. COHEN. Mr. Speaker, I rise today to HON. DARRELL E. ISSA mon goal. recognize the 60th year of desegregation of OF CALIFORNIA First we thank the American people, who the City of Memphis Fire Department. On July IN THE HOUSE OF REPRESENTATIVES 11, 1955, twelve African American men were gave without hesitation to fellow citizens in Tuesday, December 15, 2015 need. When all is said and done, American recruited to join the Memphis Fire Department taxpayers will have contributed an estimated and were assigned to Fire Station No. 8 lo- Mr. ISSA. Mr. Speaker, I rise today to honor 100 million dollars in federal disaster aid to cated at E.H. Crump and Mississippi Boule- Brian Terry and his service to this great coun- feed those who had no food, shelter those vards. They were: Robert Crawford; Carl try as a U.S. Border Patrol agent. who lost their homes, repair residences and Stotts; Floyd Newsum; Norvell Wallace; In 2009, the Bureau of Alcohol, Tobacco, replace lost property, reopen shops and return George Dumas; John Copper; William Carter; Firearms, and Explosives began a program the economy to life, revive the power and Leon Parsons; Richard Burns; Lawrence known as ‘‘Operation Fast and Furious.’’ The water systems. In doing all this, they gave us Yates; Leroy Johnson; and Murray Pugues. program was a maligned attempt to track the hope that we needed to work our way to Like many African Americans who worked to 2,000 weapons destined for drug cartels. recovery. break the barriers erected by Jim Crow era Five years ago, Border Patrol agents were We thank President Barack Obama and laws, there were many challenges to being the assaulted by a band of robbers 17 miles in- Governor Eloy Inos for their leadership in en- first to integrate the fire department, but their side the U.S. border in Arizona, resulting in suring the prompt availability of resources to love for the city of Memphis and desire to the death of Brian Terry on December 15, address the state of disaster in the Northern keep citizens safe from harm helped them to 2010. Two of the guns found at the scene Marianas. overcome the challenges with the highest lev- were linked to Operation Fast and Furious. We thank the Federal Emergency Manage- els of determination and professionalism. Together with Senator CHUCK GRASSLEY and ment Agency team, led by Federal Coordi- For many years following integration, racial the Senate Judiciary Committee, the House nating Officer Stephen De Blasio. FEMA’s col- differences dictated how African American fire- Committee on Oversight and Government Re- laborative spirit set the tone for the response, fighters responded to fires. In his book ‘‘Black form attempted to get answers for the Terry working with other federal agencies and re- Fire: Portrait of a Black Memphis Firefighter,’’ family, but this effort has been stonewalled sponders to aid the thousands of typhoon sur- Robert Crawford recalled how the twelve men and obstructed by those responsible for the ill- vivors. were required to wait outside homes belonging conceived Operation. We thank our U.S. service members, who to white residents until after the Captain in- Before serving three and a half years with mobilized quickly to produce and distribute spected the home to ensure any woman the U.S. Border Patrol, Agent Terry served in drinking water, clear debris, clean up fuel present was appropriately dressed. When re- the United States Marine Corps and worked spills, and transport critical supplies and sponding to fires at residences belonging to as a police officer in Ecorse and Lincoln Park, equipment. African Americans, the twelve were allowed to Michigan, not far from his hometown of Flat

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K15DE8.009 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 15, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1791 Rock. He was only 40 years old when his life As a dedicated leader, Mayor Gross closely Last week, on the 65th annual International was cut tragically short. Agent Terry is sur- oversaw several large community projects, Human Rights Day, I gave another speech de- vived by his mother, father, stepmother, step- such as the installment of public sewer lines manding Beijing put a stop to this atrocious father, brother and two sisters. and the planning and construction of the West practice of harvesting organs from prisoners of Some of those involved in Agent Terry’s Easton municipal building. He also led plan- conscience. It is high time China ends its ille- shooting were recently convicted for their ter- ning and preparations for the Borough’s cen- gal subjugation of Falun Gong practitioners. rible crime. However, the Obama Administra- tennial celebration in 1998, which was ended Justice must be served. tion continues to actively resist turning over in- with a fireworks display. Unfortunately, is an innocent formation related to the Congressional inves- Mayor Gross has been ardent in his efforts victim of the Chinese Government’s attempts tigation into Operation Fast and Furious. We to boost economic development in the Bor- to persecute the Falun Gong. It just goes to must never give up our fight to ensure the ough. A notable accomplishment was his role show how obsessed the Chinese Government Terry family gets nothing less than full ac- in the establishment of a new Northampton is about persecuting the Falun Gong. Beijing countability from their government. I have County leased DUI Treatment Center in 2012, is now censoring beauty pageants. But the pledged to them before, and do so again which generates $50,000 in impact fees for courageous men and women of the Falun today, that I will continue to pursue the truth. the Borough’s general fund. Additionally, he Gong community will not be silenced by Bei- f has worked to make the community and its jing’s abuse— or no beauty parks safe and clean in order to promote West pageant. TRIBUTE TO RYAN SCHWEIZER Easton as a great place for families. And that’s just the way it is. Mayor Gross is also known to be someone f HON. DAVID YOUNG who can bring people together. He believes OF IOWA much can be done when people are willing to TRIBUTE TO RUTH LAMPE IN THE HOUSE OF REPRESENTATIVES compromise, and he stresses the importance Tuesday, December 15, 2015 of listening to each other and staying focused HON. DAVID YOUNG Mr. YOUNG of Iowa. Mr. Speaker, I rise on the greater good of the community. His OF IOWA today to recognize and congratulate Ryan good works have served as a role model for IN THE HOUSE OF REPRESENTATIVES Schweizer from Dowling Catholic High School his daughter, Kelly Gross, who was first elect- Tuesday, December 15, 2015 ed to West Easton Borough Council in 1993 for winning the Class 4A Boys Cross Country Mr. YOUNG of Iowa. Mr. Speaker, I rise individual title. Ryan is the son of Mike and and currently serves as Council President. It is an honor for me to recognize Mayor today to recognize and congratulate Ms. Ruth Kathy Schweizer. Lampe, who at the age of 102 has received Ryan has spent his high school career Gerald Gross for his generous nature and his her honorary high school diploma from working towards a single goal: winning a cov- lifetime of service. With a will to do for others, he has improved his community and inspired Winterset High School. eted state championship. After 4 long years of Back in Ruth’s younger years it wasn’t un- hard work, Ryan was able to achieve that goal the next generation of leaders. f common for students to drop out of school when he crossed the finish line at the 2015 and go work to help support their family. She Class 4A Boys Cross Country State Cham- CHINA DISCRIMINATES AGAINST did so after her freshman year at Winterset pionship. He finished 4 seconds ahead of any CANADIAN FALUN GONG CON- High School. Ruth would have graduated with other runner. TESTANT the class of 1931. Today, Ruth volunteers her Mr. Speaker, the example set by Ryan dem- time two days a week at the senior center in onstrates the rewards of hard work, dedica- Winterset where she helps serve meals to tion, and perseverance. I am honored to rep- HON. TED POE those who need it the most. A friend of Ruth’s, resent him and his family in the United States OF TEXAS and another regular at the senior center, Congress. I ask that all of my colleagues in IN THE HOUSE OF REPRESENTATIVES worked with the school district for months to the United States House of Representatives Tuesday, December 15, 2015 attain her honorary diploma. join me in congratulating Ryan on competing Mr. POE of Texas. Mr. Speaker, I come Mr. Speaker, applaud and congratulate Ruth in this rigorous competition and wishing him here today with yet another example of Chi- for receiving her high school diploma after so nothing but continued success in his education na’s egregious disregard for the most basic of many years and thank her for staying active in and athletic pursuits. human rights—the right to live freely. her community. I am proud to represent her in f After the Falun Gong’s rise in popularity in the United States Congress. I ask that my col- IN RECOGNITION OF MAYOR GER- the 1990s, the Chinese Government perceived leagues in the United States House of Rep- ALD W. GROSS OF WEST EAS- this peaceful group as a threat. Over the resentatives join me in congratulating Ruth TON, PENNSYLVANIA years, Falun Gong followers in China have and wishing her nothing but the best. been imprisoned, tortured, and killed. In fact, f HON. MATT CARTWRIGHT there are more Falun Gong practitioners in prison in China than any other persecuted VISA WAIVER PROGRAM IMPROVE- OF PENNSYLVANIA group. MENT AND TERRORIST TRAVEL IN THE HOUSE OF REPRESENTATIVES Last month China hit a new low in its at- PREVENTION ACT OF 2015 Tuesday, December 15, 2015 tempt to silence the Falun Gong community. SPEECH OF Mr. CARTWRIGHT. Mr. Speaker, I rise to Anastasia Lin is a Falun Gong practitioner honor the Mayor of the Borough of West Eas- who also happens to be Canada. HON. CHRIS VAN HOLLEN ton, PA, the Honorable Gerald W. Gross, for The Miss World competition is held this year OF MARYLAND his 50 years of service as an elected official. in China but can’t go. Why? Be- IN THE HOUSE OF REPRESENTATIVES His accomplishments were recognized by the cause China refused to give her a visa. She Tuesday, December 8, 2015 West Easton Borough Council on the evening was given no explanation why. However, the of Monday, December 14. motive is clear. Beijing does not like how out- Mr. VAN HOLLEN. Mr. Speaker, today while Mayor Gross first held an official role in spoken Ms. Lin has been about China’s I rise in support of H.R. 158 the Visa Waiver West Easton as a member of the Borough human rights abuses and religious oppression. Program Improvement Act of 2015, I must Council. It was a position he held for twenty Anastasia Lin moved from China to Canada also note my reservations about some of the years. In 1986, he was sworn in as the Mayor when she was 13 years old. Yet she has not provisions in this bill. of West Easton. He has been the mayor for stopped fighting for the rights of her fellow President Obama in an address to the thirty years. members of the Falun Gong community. Dur- American people from the Oval Office specifi- Known to be a patient and giving man, ing a congressional hearing in July, Ms. Lin cally asked Congress to pass legislation to ad- Mayor Gross would take calls from home to told Members that tens of thousands of Falun dress any weaknesses within our visa waiver hear complaints and questions from Borough Gong practitioners have been killed so their program (VWP) and for a ‘‘stronger screening residents. He owns a landscaping business organs could be harvested and sold for trans- for travelers to the U.S. without a visa to and often donates free materials and services plants. Clearly, Beijing’s only concern is re- check if they have travelled to warzones.’’ to the Borough to maintain parks and rec- maining in power, not the welfare of the Chi- After the terror attacks in Paris, France and reational areas. nese people. San Bernandino, California we must ensure

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K15DE8.011 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1792 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2015 that a law created to encourage travel and cul- TRIBUTE TO MAJOR MICHAEL to 1999; Town Manager for the Town of Clay- tural exchange is not exploited by those who POCHE ton, North Carolina, from 1988 to 1995; and would do us harm. We must scrutinize and Town Manager for the Town of Wallace, North strengthen our VWP and many of the provi- HON. STEVE CHABOT Carolina, from 1983 to 1988. This is an im- sions in this bill do just that. I support the pro- OF OHIO pressive record of service for any public serv- visions in this bill that encourage our allies to IN THE HOUSE OF REPRESENTATIVES ant, and is certainly worthy of the recognition share biometric data, improve data sharing on and praise Mr. Hyatt has received during the criminal and security concerns and stronger Tuesday, December 15, 2015 later years of his service as Davidson County vetting systems This bi-partisan effort is a sig- Mr. CHABOT. Mr. Speaker, I rise to pay Manager. nificant improvement over H.R. 4038, a bill tribute to Major Michael Poche of the United Recently, Mr. Hyatt was presented the which did nothing but target innocent refugees States Army for his extraordinary dedication to Order of the Long Leaf Pine, the highest and exploited xenophobic and unsubstantiated duty and service to our Nation. Major Poche award the Governor of North Carolina can be- fears. and his wife Stephanie will be moving on from stow, on December 8, 2015. The Order was While I support the overall thrust of this bill, his present assignment as an Army Congres- created in 1963, and has been presented to I do have some reservations. I am concerned sional Liaison for the Office of the Secretary of honor persons who have a proven record of that there are not exceptions for journalists, Defense to serve as an officer in the Louisiana service to the State of North Carolina. In addi- ministers or aid workers who provide vital National Guard. tion to this prestigious honor, Mr. Hyatt re- services to a needy population. The exclusion Army Congressional Liaison officers provide ceived the ‘‘Service to Agriculture and Exten- for law enforcement or military personnel an invaluable service to both the military and sion Award’’ from the Davidson County Coop- should be extended to include people who Congress. They assist Members and staff in erative Extension for his efforts in support of visit Syria, Sudan, or Iraq for completely inno- understanding the Army’s policies, actions, op- the local agricultural industry and for his rep- cent and humanitarian reasons. We should erations, and requirements. Their first-hand resentation in 2015 on the North Carolina continue to scrutinize the VWF so that we do knowledge of military needs, culture, and tradi- State University Visioning Team. Mr. Hyatt not unnecessarily target innocent travelers. tion is a tremendous benefit to Congressional was also recognized for his thirty years of offices. Prior to serving as a Congressional Li- service from the International City/County I hope our colleagues in the Senate take aison, Mike served as a Military Congressional these reservations into account when they Management Association on September 25, Fellow. During that year he also earned a 2013. consider this bill. Masters in Legislative Affairs from the George Washington University. In addition to his service as Davidson Coun- f A native of Monroe, Louisiana, Mike first ty Manager, Mr. Hyatt has been an exemplary civil servant through his contributions to a PERSONAL EXPLANATION joined the Louisiana National Guard in 1996 and subsequently earned his commission number of other organizations. He has served through the University of Louisiana at Monroe on the North Carolina City/County Managers HON. SCOTT PERRY ROTC in 2004. During his 19-year Army ca- Association’s Membership Support and Pro- reer, Mike has served in numerous tactical gram Committees, and served a three-year OF PENNSYLVANIA leadership and staff assignments as an Armor term as a member of the executive board for IN THE HOUSE OF REPRESENTATIVES and Cavalry Officer. As a platoon leader and the Boy Scouts for the Uwharrie District of troop commander, Mike commanded troops in North Carolina. Tuesday, December 15, 2015 Iraq over three separate combat tours totaling Mr. Speaker, please join me today in thank- Mr. PERRY. Mr. Speaker, on December 2, 35 months. ing Davidson County Manager Robert Hyatt 2015, I inadvertently voted ‘‘aye’’ on Roll Call His great work has not gone unnoticed. Dur- for his esteemed service to the state of North 657. I intended to vote ‘‘nay’’. This amend- ing Major Poche’s distinguished service to this Carolina and wishing Robert, his wife Teresa, ment was offered by Mr. TONKO of New York. nation, he has earned awards and decorations and their two sons, Will and Thom, well as including: three Bronze Star Medals, the Meri- they enter an exciting new chapter of their f torious Service Medal, the Army Commenda- lives. tion Medal, and four Army Achievement Med- RECOGNIZING TIM GORDON als. f Mr. Speaker, it is my honor to recognize the selfless service of Major Poche, his wife TRIBUTE TO RODNEY AND KAREN HON. KEN BUCK Stephanie, and their three children: Kaley, WAHLE OF COLORADO Mari Katherine, and Evan. I wish them the best as they continue to serve our great nation IN THE HOUSE OF REPRESENTATIVES and proceed to the next chapter in their re- HON. DAVID YOUNG Tuesday, December 15, 2015 markable careers. OF IOWA f Mr. BUCK. Mr. Speaker, I rise today to rec- IN THE HOUSE OF REPRESENTATIVES ognize Mr. Tim Gordon for his service to our IN HONOR OF DAVIDSON COUNTY Tuesday, December 15, 2015 country in the United States Army. I believe MANAGER ROBERT HYATT’S that America’s brave men and women in uni- SERVICE TO THE STATE OF Mr. YOUNG of Iowa. Mr. Speaker, I rise form are the nation’s greatest assets. They NORTH CAROLINA today to recognize and congratulate Rodney have made incredible sacrifices for our country and Karen Wahle of Carson, Iowa, on the very and deserve our utmost support and aid for HON. RICHARD HUDSON special occasion of their 50th wedding anni- their service. OF NORTH CAROLINA versary. They were married on November 6, Mr. Gordon was in the Army from June IN THE HOUSE OF REPRESENTATIVES 1965, at the Malvern Methodist Church in Mal- 1966 through April 1972. During this time, he Tuesday, December 15, 2015 vern, Iowa. fought in Vietnam from February 1969 through Mr. HUDSON. Mr. Speaker, I rise today to Rodney and Karen’s lifelong commitment to February 1970, no soldiers were lost under his honor the retirement of Mr. Robert Hyatt, Da- each other, their children, James and Jennifer, command. Ultimately, he was honorably dis- vidson County Manager. Mr. Hyatt has been a and their grandchildren, truly embodies our charged with the rank of Captain. tireless advocate for the people of Davidson Iowa values. It is families like the Wahles that Our nation owes no greater debt of gratitude County, and has fully earned the admiration make me proud to call myself an Iowan and than the one we owe our veterans. They and and gratitude of his fellow North Carolinians. represent the people of our great state. their families should be commended. On be- Mr. Hyatt served as Davidson County Man- Mr. Speaker, I commend this great couple half of the 4th Congressional District of Colo- ager for over 16 years after being appointed to on their 50th year together and I wish them rado, I extend my best wishes to Mr. Tim Gor- the position on May 24, 1999. Prior to his ap- many more. I ask that my colleagues in the don. pointment as Davidson County Manager, Mr. United States House of Representatives join Mr. Speaker, it is an honor to recognize Mr. Hyatt served as Assistant County Manager of me in congratulating them on this momentous Tim Gordon for his accomplishments. Brunswick County, North Carolina, from 1995 occasion.

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A15DE8.007 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 15, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1793 IN RECOGNITION OF THE 100TH AN- This bipartisan legislation ensures that cer- Mata, the Ohio State University. I am certain NIVERSARY OF THE HENRY tain members of the National Guard and Re- that he will continue to enjoy the game of golf FORD HEALTH SYSTEM serves who fall on hard economic times after that he loves and will inspire those involved in their service will continue to obtain bankruptcy marine sciences for many years to come. HON. DEBBIE DINGELL relief without having to fill out the substantial Transition to retirement can be fun, enjoyable OF MICHIGAN paperwork required by the so-called ‘‘means and relaxing, so to Ted . . . IN THE HOUSE OF REPRESENTATIVES test’’ under chapter 7 of the Bankruptcy Code. May the road rise up to meet you. May the wind be always at your back. Tuesday, December 15, 2015 This bill simply extends the existing ‘‘means test’’ exception, which will expire at the end of May the sun shine warm upon your face; Mrs. DINGELL. Mr. Speaker, I rise today to the year if Congress fails to act. the rains fall soft upon your fields and until recognize Henry Ford Health System on their Under the means test, a Chapter 7 bank- we meet again, 100th anniversary. Originating from Detroit ruptcy case is presumed to be an abuse of the may God hold you in the palm of His hand. General Hospital, namesake Henry Ford be- bankruptcy process if it appears that the debt- f came the sole investor in 1914 and coupled or has income in excess of certain thresholds. TRIBUTE TO CURTIS AND BRENDA his entrepreneurial spirit with medical innova- The National Guard and Reservists Debt Re- MEIER tion. lief Act of 2008 created an exception to the Admitting its first patient in 1915, Henry means test’s presumption of abuse for mem- HON. DAVID YOUNG Ford Hospital was so successful in meeting bers of the National Guard and Reserves who, the needs of a city in the midst of a population OF IOWA after September 11, 2001, served on active IN THE HOUSE OF REPRESENTATIVES boom that by 1917 it had already expanded to duty or in a homeland defense activity for at Tuesday, December 15, 2015 its current size. In its early days, the hospital least 90 days. The exception remains avail- revolutionized wait times, reducing them to 30 able for 540 days after the servicemember Mr. YOUNG of Iowa. Mr. Speaker, I rise to minutes for a patient to be seen, and opened leaves the military. honor and congratulate Curtis and Brenda the nation’s first ward for treating chemical de- The National Guard and Reservist Debt Re- Meier of Clarinda, Iowa, for receiving the Gary pendency. It developed new techniques in the lief Extension Act of 2015 would simply extend Wergin Good Farm Neighbor Award. The fields of surgery and physical therapy. The ex- the exception until December 2019. Wergin Good Farm Neighbor award is named cellent quality of care at Henry Ford Hospital This bill is a meaningful way for our Nation for Gary Wergin, a long-time WHO Radio farm would even later inspire works of art from vi- to recognize the tremendous sacrifice made broadcaster who helped establish the award. sionaries like Diego Rivera. Beyond the posi- by National Guard and Reserve members who The Wergin Good Farm Neighbor Award is tive impact Henry Ford Hospital has had on have served on active duty or homeland de- made possible by the financial support of the Michigan, it has also rendered invaluable serv- fense since September 11, 2001 and may be Coalition to Support Iowa’s Farmers. The ice to our country by serving as an army hos- suffering financial hardship. award recognizes farmers who contribute their pital during World War II and caring for our I urge my colleagues to support this bill. time and talents to their community, including soldiers upon their return. f caring for the environment and being good Henry Ford Health System and its partners neighbors. have pioneered a broad range of medical ACKNOWLEDGING TED BEATTIE Curtis and Brenda are active in their com- knowledge, from bone research to kidney munity and their church. Curtis is a commis- transplants to treatment of high blood pressure HON. DANNY K. DAVIS sioner with the Page County Soil and Water to robotic surgery. While innovation may be OF ILLINOIS Conservation District and serves on the Coun- the driving force behind the success of the IN THE HOUSE OF REPRESENTATIVES ty Fair Board. The Meiers run their local diver- sified farm with a number of their family mem- Henry Ford Health System, they have never Tuesday, December 15, 2015 lost focus of the top priority: people. In 2008, bers, including their son, daughter, and their Mr. DANNY K. DAVIS of Illinois. Mr. Speak- they launched the No Harm campaign which, families. er, I rise to acknowledge a dear friend and an over the course of the next three years, re- Mr. Speaker, I applaud and congratulate exceptional leader, Mr. Ted Beattie, as he re- Curtis and Brenda for earning this award. duced surgical complications, decreased tires as President and CEO of Chicago’s They are shining examples of how hard work length of stay, and trimmed medical costs by Shedd Aquarium. Ted has very many notable and dedication can be a benefit to a whole 10 million dollars. Their good stewardship is achievements during his tenure at Shedd, community I ask that my colleagues in the felt by over 89,000 patients a year in the five- from the $45 million Wild Reef exhibit that fea- United States House of Representatives join county area, a number that is very impressive tures one of the largest and most diverse me in congratulating Curtis and Brenda for for a hospital system that started with 48 shark exhibits in North America; the renova- their accomplishments and in wishing them beds. Henry Ford Health System’s commit- tion of the aquarium’s popular Abbott Ocea- nothing but continued success. ment to and investment in the Detroit metro- narium marine mammal pavilion; and housing politan communities are immeasurable. In f of eight amazing beluga whales. 2011, Henry Ford Health System was one of I have had been pleased that Ted opened RESTORATION TUESDAY only 4 recipients to receive a Malcolm Baldrige the doors of Shedd to several of Chicago’s National Quality Award, America’s highest school groups to learn more about marine HON. TERRI A. SEWELL honor for innovation and performance excel- based sciences and get an in depth look into OF ALABAMA lence. the vast exhibits to encourage our children to IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my colleagues to join me engage in science and biology based careers. Tuesday, December 15, 2015 today in honoring the 23,000 employees of Further, I have been told that Ted is an Henry Ford Health System and congratulating Ms. SEWELL of Alabama. Mr. Speaker, amazing golfer and as a high school golfer, today I rise to acknowledge Restoration Tues- them on their 100th anniversary and wish played with Renee Powell against Legendary them many more years of success. day, and the need to restore federal voter pro- Boxer Joe Louis and Althea Gibson. While tections for vulnerable communities. Every f Ted has called Chicago home for many years, Tuesday that Congress is in session shall be REGARDING THE NATIONAL he is undoubtedly an extremely passionate known as Restoration Tuesday, and I invite GUARD AND RESERVISTS DEBT and dedicated Ohio State graduate and fan (a each of you to share constituent testimonials RELIEF EXTENSION ACT OF 2015 rival of our Flagship University of Illinois). about modern-day barriers to voting. Ted is an active member of the American I am a proud daughter of Selma, Alabama HON. STEVE COHEN Zoo and Aquarium Association (AZA), and where 50 years ago the brave Foot Soldiers of serves on several boards including the Amer- OF TENNESSEE the Voting Rights Movement dared to chal- ican Association of Museums, the Arts Club IN THE HOUSE OF REPRESENTATIVES lenge an unjust system that prohibited people board of directors and is a member of the Chi- of color from voting in the South. Tuesday, December 15, 2015 cago Club, the Commercial Club of Chicago, Unfortunately, Alabama has not yet fully Mr. COHEN. Mr. Speaker, I rise today in Economic Club of Chicago, the Onwentsia learned the lessons of its painful past. We support of the National Guard and Reservists Country Club and the Plantation Club in Ponte have witnessed a renewed assault on our sa- Debt Relief Extension Act of 2015, which I in- Vedra Beach, FL. cred right to vote in the wake of Shelby Coun- troduced earlier today with my colleagues I am hopeful that Ted continues his services ty versus Holder. In the aftermath of the Su- JERROLD NADLER and DANA ROHRABACHER. to the greater arts community and his Alma preme Court’s decision, Alabama implemented

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.013 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1794 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2015 one of the most restrictive photo ID laws in the IMPACT OF THE ARTS ON STU- The bill also requires the Attorney General nation. Under this pernicious voter ID law, only DENTS AT SAVOY ELEMENTARY to establish standards and best practices for a handful of photo IDs can be used at polling the administration of any type of voluntary places. HON. ELEANOR HOLMES NORTON ‘‘tracking’’ system used by law enforcement When the State of Alabama started requir- OF THE DISTRICT OF COLUMBIA agencies that are awarded these funds. Track- ing a photo ID to vote, officials claimed it IN THE HOUSE OF REPRESENTATIVES ing devices are one of the many ways we can help prevent another tragic situation like would reduce voter fraud. The reality is that Tuesday, December 15, 2015 voter fraud is rare—but the end results are Avonte’s. that more than 250,000 Alabamians without a Ms. NORTON. Mr. Speaker, I rise to call at- Mr. Speaker, by taking a holistic approach photo ID have been disenfranchised. Many of tention to the remarkable impact of art on the to this issue, we can help children with autism the disenfranchised are African-Americans, educational performance of the students at spectrum disorder (ASD) live safe and happy low-income individuals, senior citizens, and Savoy Elementary, a public school in my dis- lives all around the country. the disabled. trict. Savoy Elementary Anacostia, located here f This past October, Alabama lawmakers de- in the nation’s capital, is one of eight pilot TRIBUTE TO THE NODAWAY VAL- cided to make this bad law even worse by re- schools of Turnaround Arts, a signature pro- ducing services at 34 DMVs across the state. LEY BOYS CROSS COUNTRY gram of the President’s Committee on the Arts TEAM Driver’s licenses are the most popular form of and the Humanities. Turnaround Arts has had ID used at the polls—and 8 out of the 10 clear, life-changing impacts on the students of counties in Alabama that are impacted have Savoy—attendance is up, discipline referrals HON. DAVID YOUNG the highest percentage of black registered vot- are down, and the school has made double- OF IOWA ers in the state. How is this not discrimina- digit gains in math and reading scores. IN THE HOUSE OF REPRESENTATIVES tory? The Savoy Players are a performing group Tuesday, December 15, 2015 I fully support the federal lawsuit filed by the at Savoy Elementary. Led by Carol Foster, a Mr. YOUNG of Iowa. Mr. Speaker, I rise Greater Birmingham Ministries and the Ala- legendary arts leader in the national capital re- today to recognize and congratulate the bama NAACP, challenging the photo ID law in gion, this group has been hugely successful. Nodaway Valley High School Boys Cross our state. I have repeatedly argued that Ala- To be part of this group, students must exhibit Country team for winning the Iowa Class 1A bama’s photo ID law is a renewed assault on maturity, grit, excellent attendance, and good State Cross Country Championship. voting rights. grades. The professionalism, spirit, and mag- I would like to congratulate each member of I also applaud the U.S. Department of netism of this group has catapulted them into the team: Transportation’s decision to investigate the re- the limelight. Runners: Nathan Venteicher, Shane duction of services at the 34 DMVs in question In addition to countless performances for Breheny, Heath Downing, Brayten Funke, Dal- for a possible violation of Title VI of the 1964 their school community, they have had four las Kraeger, Skyler Rawlings, and Brycen Civil Rights Act. Alabama cannot balance its performances at the White House, performed Wallace; budget on the backs of those who can least with Brian McKnight at the Warner Theater, Head Coach: Darrell Burmeister; and Assist- afford it, nor infringe upon the civil rights of mi- and brought down the house at the Kennedy ant Coaches: Dave Swanson, Phyllis norities by limiting access to the most popular Center. But, most importantly, singing, dancing Eshelman, and Alyse Dreher. form of identification used to vote. and performing has brought them the joy, Mr. Speaker, the success of this team and Voting is at the heart of our democracy. It’s meaning, and purpose that every child should their coaches demonstrates the rewards of our most fundamental right—and duty—as experience. hard work, dedication, and perseverance. I am Americans. I am a proud Alabamian, so it dis- Mr. Speaker, in this holiday season, I ask honored to represent them in the United appointments me that for every two steps Ala- my colleagues to join me in celebrating the States Congress. I ask that all of my col- bama takes forward, we take one step back. clear benefit exposure to the arts has made leagues in the United States House of Rep- for the children of Savoy Elementary, and resentatives join me in congratulating the team Voting should be made easier—not hard- hope that the new education legislation will er—so that no voices are excluded and that for competing in this rigorous competition and bring similar opportunities to kids across the wishing them all nothing but continued suc- every citizen can cast their vote without any country. unnecessary or unwarranted barriers. cess. f Alabama recently reached a settlement with f the Department of Justice to settle claims that INTRODUCTION OF THE AVONTE’S the state did not fully comply with the National LAW ACT OF 2015 LEGISLATION ALLOWING COMBAT Voter Registration Act of 1993. An investiga- VETERANS AN EXTENDED TIME tion by the Department of Justice found that HON. ALCEE L. HASTINGS TO FILE FOR REFUND Alabama had largely failed to provide opportu- OF FLORIDA nities for Alabamians to register to vote when IN THE HOUSE OF REPRESENTATIVES HON. EARL BLUMENAUER OF OREGON they applied for or renewed a driver’s license. Tuesday, December 15, 2015 Mr. Speaker, we have witnessed a number IN THE HOUSE OF REPRESENTATIVES Mr. HASTINGS. Mr. Speaker, I rise today to of attempts—not just in Alabama—but across introduce a bill, the Avonte’s Law Act of 2015, Tuesday, December 15, 2015 the country to restrict the vote. I stand before which was inspired by the tragic cir- Mr. BLUMENAUER. Mr. Speaker, today I you today to urge Congress to restore the cumstances surrounding the death of Avonte am introducing legislation that will allow mem- vote. Representatives LINDA SA´NCHEZ, JUDY Oquendo of Queens, New York. Avonte was bers of our military services to file their taxes CHU and I introduced the Voting Rights Ad- an autistic child who wandered away from his long after they were due in order to provide an vancement Act in June to stop the renewed school. His lifeless body was not found for adequate window to claim refunds or credits assault on voting rights, and to restore more than a month. ‘‘Wandering’’ is very com- that may have been owed. preclearance for states like Alabama where mon in children with autism and other disabil- It has come to my attention that some mem- new barriers to voting threaten to silence the ities, and sometimes children who wander are bers of our armed forces, in their haste to re- most vulnerable voices in our electorate. non-verbal or cannot communicate well with join civilian life, can occasionally let fall by the We cannot take for granted the battles en- others, leading to dangerous interactions with wayside tax returns—particularly those that dured by those who came before us, nor can strangers or even law enforcement. may actually have a refund. While tax liability we neglect our own responsibilities to ensure This bill authorizes a new grant program can follow a taxpayer forever—plus interest liberty and justice. The struggle continues, and within the United States Department of Justice and penalties—taxpayers only have a couple each of us must do our part to further the to provide local law enforcement agencies with years in which to claim a credit or a refund. cause of human and civil rights for all Ameri- the resources to procure response tools and This legislation widens the opportunity for a cans. increase education and training for first re- veteran to look back, realize a missed oppor- We must restore the voices of the ex- sponders, schools, and families with the goal tunity, and remedy the situation. I look forward cluded—Congress must act today to restore of preventing situations like Avonte’s from to working with my colleagues to advance this the vote. happening again. solution.

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A15DE8.017 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 15, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1795 TRIBUTE TO TIM SESSOMS HONORING REVEREND SAMUEL the very special occasion of their 50th wed- LITTLEJOHN ding anniversary. They were married in 1965. Leonard and Maryann’s lifelong commitment HON. MARK WALKER HON. MARC A. VEASEY to each other and their children, Steven, Traci, and Cari, their grandchildren, and great-grand- OF NORTH CAROLINA OF TEXAS children, truly embodies our Iowa values. It is IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES families like the Bryans that make me proud to Tuesday, December 15, 2015 call myself an Iowan and represent the people Tuesday, December 15, 2015 Mr. VEASEY. Mr. Speaker, I rise today to of our great state. Mr. WALKER. Mr. Speaker, the Honorable honor Reverend Samuel Littlejohn’s 50th anni- Mr. Speaker, I commend this great couple Tim Sessoms has served his community for versary as a spiritual leader and Pastor of on their 50th year together and I wish them more than thirty years. Shining Light Missionary Baptist Church in many more. I ask that my colleagues in the Fort Worth, Texas. United States House of Representatives join His life is an example of a rare instinctive Reverend Littlejohn was born in Tyler, me in congratulating them on this momentous trait that actually puts others first. I have per- Texas, to a Baptist minister and a family dedi- occasion. sonally witnessed the vast amount of people cated to the church. As a young child, his f who regularly reach out to Mr. Sessoms for mother, father, and grandfather all instilled an guidance or help. HONORING THE GRAND OPENING abiding love for and sustaining commitment to OF SOUTHLAKE’S SENIOR ACTIV- From the senior adult in the elderly care his religion. He was baptized at the age of ITY CENTER center to the child in need, Tim Sessoms finds seven at the Greater Hopwell Missionary Bap- a way to solve the problem or meet the need. tist Church in Tyler, where he remained a HON. KENNY MARCHANT member until he moved to Fort Worth to pur- His work as Mayor of Summerfield was an- OF TEXAS sue seminary studies. other way that Mr. Sessoms chose to give IN THE HOUSE OF REPRESENTATIVES back to his town. His vision and his ability to In 1951, Reverend Littlejohn moved to Fort Tuesday, December 15, 2015 execute has moved Summerfield to a better Worth and joined Pilgrim Valley Missionary place for years to come. Baptist Church. He served as the Super- Mr. MARCHANT. Mr. Speaker, I rise today intendent of the Sunday school, participated in to recognize and congratulate the City of Our community owes the Honorable the Senior Choir, and acted as the President Southlake’s grand opening of the Southlake Sessoms a debt of gratitude. His friends and of the #2 Usher Department. Senior Activity Center. neighbors know that he walks the walk with in- Reverend Littlejohn continued his seminary The history of the Southlake senior center tegrity and grace. We all owe him a ‘‘thank education by earning a missionary degree began in 1998, when Mayor Gail Eubanks, you’’ for a lifetime of putting his fellow man from Southwest Theological Seminary and Southlake’s first mayor, donated the original first. Bishop College. In November 1960, Reverend facility to the city to serve as the activity and Littlejohn was ordained and gave his first ser- social center for the growing senior community f mon in front of Pilgrim Valley church. in Southlake. Since the opening of the original He served the Pilgrim Valley community senior center, the population of Southlake has AIKEN NAMED MAIN STREET until 1965, when he was called to pastor Shin- nearly doubled in size. To accommodate the COMMUNITY ing Light Missionary Baptist Church, where he needs of this growing community, plans were has served for the last 50 years. developed and approved for the construction Along with his work in his church commu- of a new community recreation center. On HON. JOE WILSON nities, Reverend Littlejohn has continued to be September 27, 2014, the City of Southlake OF SOUTH CAROLINA an active and vocal participant in the commu- broke ground for the construction of the new, state of the art, recreation and senior center IN THE HOUSE OF REPRESENTATIVES nity. Pastor Littlejohn has worked with the Community Action Agency (CAA), was an or- known as The Marq. Tuesday, December 15, 2015 ganizing member of the first Ministers and Po- The Marq contains over 20,000 square feet lice Taskforce and served as a member of of multipurpose space which includes a senior Mr. WILSON of South Carolina. Mr. Speak- Parent, Preacher, and Principal organization lounge, senior wellness room, game room, er, last week, Aiken was named a Main Street which worked with Fort Worth Independent banquet hall, and amphitheater. In it, the new Community—one of only two communities to School District to encourage children to stay in Southlake Senior Activity Center will serve the receive this honor from Main Street South school. community by providing programs and serv- Carolina. The Main Street Community des- Most notably, Pastor Littlejohn was the driv- ices to Southlake area seniors, enhancing ignation provides Aiken with a comprehensive ing force behind the Stop Six Community their lives and fostering a sense of community training and assistance to revitalize their Health Center. Reverend Littlejohn was a among the city’s residents. I am extremely appreciative of the City of downtown through a three year boot-camp founding member of the Stop Six Community Southlake and the Southlake Senior Activity program. Aiken joins Orangeburg as the sec- Corporation and much of the success of the Center for continuing to address the needs of ond community in South Carolina’s Second organization can be attributed to the Rev- the community by enhancing the quality of Congressional District to receive the Main erend. His work greatly impacted the DFW their infrastructure and the lives of its seniors. Street Community designation. community and is now used as a model in Mr. Speaker, on behalf of the 24th Congres- other cities. After a competitive application process, the sional District of Texas, I ask all my distin- Earlier this year, the Black Pastors, Clergy city of Aiken was recognized for their work in guished colleagues to join me in congratu- and Ministerial Group Association of Texas, promoting historic and economic development lating the City of Southlake and the Southlake Inc. presented Pastor Littlejohn with the ‘‘Liv- downtown. In the next few years, they will Senior Activity Center on the grand opening of ing Legend Award’’ and recognized him as work with Main Street South Carolina to iden- their new facility. tify the goals of its community and to provide one of the honorable senior pastors in Fort residents, business owners, and local leaders Worth. f with key resources to enhance the local eco- f ACKNOWLEDGING THE ASSOCIA- nomic development. TION FOR TALENT DEVELOP- TRIBUTE TO LEONARD AND MENT I am grateful to Mayor Rick Osbon, former MARYANN BRYAN Mayor Fred Cavanaugh, City Manager John Klimm, and the entire Aiken City Council for HON. DONALD S. BEYER, JR. receiving this great honor. I look forward to HON. DAVID YOUNG OF VIRGINIA seeing the positive impact this will bring to OF IOWA IN THE HOUSE OF REPRESENTATIVES Aiken. IN THE HOUSE OF REPRESENTATIVES Tuesday, December 15, 2015 In conclusion, God Bless Our Troops and Tuesday, December 15, 2015 Mr. BEYER. Mr. Speaker, I rise today to ac- may the President by his actions never forget Mr. YOUNG of Iowa. Mr. Speaker, I rise knowledge the Association for Talent Develop- September 11th in the Global War on Ter- today to recognize and congratulate Leonard ment (ATD) as the largest association dedi- rorism. and Maryann Bryan of Council Bluffs, Iowa, on cated to the training and talent development

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.022 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1796 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2015 profession, recognizing them for their annual corporation of California City, a residential PERSONAL EXPLANATION Employee Learning Week, held December 7th nexus for mining, aerospace and desert tour- through the 11th, 2015. ism in Eastern Kern County. HON. FRANK C. GUINTA ATD’s members come from more than 120 California City began with a dream worthy of OF NEW HAMPSHIRE countries and work in public and private orga- its namesake: the foundation of a suburban IN THE HOUSE OF REPRESENTATIVES nizations in every industry sector. ATD sup- metropolis to rival Los Angeles. Sociologist Tuesday, December 15, 2015 ports talent development professionals who and developer Nat Mendelsohn found in the Mr. GUINTA. Mr. Speaker, on Roll Call Vote gather locally in volunteer-led U.S. chapters wide spaces of Kern’s High Desert the chance Number 692, I am not recorded because I was and international member networks, and with to build a completely planned community from absent from the U.S. House of Representa- international strategic partners. scratch, free of parochial interests. He bought tives. Had I been present, I would have voted Established in 1943, ATD is a leader in the 80,000 acres of desert in 1958, carved out a in the following manner. talent development field. As businesses seek gigantic Central Park featuring a 20 acre lake, competitive advantages and growth, talent de- On Roll Call Number 692, had I been and by 1965 had arranged for the incorpora- present, I would have voted NO. velopment professionals make sure an organi- tion of a massive, 203 square mile township. zation’s best asset, its employees, have the Overnight, California City became the third f skills they need to help achieve business largest city in the state. IN RECOGNITION OF LARRY growth. ATD serves this important community For generations before Nat Mendelsohn HOLMES ON THE OCCASION OF of professionals with research and resources. ever gazed upon the High Desert, mule teams THE UNVEILING OF THE LARRY To further these goals, ATD has declared carted the bounty of stranded mines to the HOLMES STATUE IN EASTON, December 7th through December 11th, 2015, railheads at Mojave. This traffic expanded in PENNSYLVANIA as ‘‘Employee Learning Week’’ and des- the 20th century, as neighboring Boron grew ignated time for organizations to recognize the to produce half the world’s supply of borax. strategic value of employee learning. I applaud HON. MATT CARTWRIGHT Meanwhile, huddled around ancient dry lakes OF PENNSYLVANIA ATD and its members for their dedication to just a dozen miles from town, America’s pre- IN THE HOUSE OF REPRESENTATIVES developing knowledgeable and skilled employ- mier jet aircraft test center—Edwards Air ees during Employee Learning Week. Tuesday, December 15, 2015 Force Base—began to expand into a perma- I urge my colleagues to join me in sup- Mr. CARTWRIGHT. Mr. Speaker, I rise to nent institution, with hundreds of employees porting policies that commit to maintaining a honor Larry Holmes, who reigned as World needing homes and services. Even tourism highly skilled workforce. Boxing Council Heavyweight Champion from brought jobs to California City, as the surging 1978 to 1983, and who will be honored with f popularity of dirt bikes and off-roading drew the installment of a bronze statue depicting HONORING PATRICK MCCORMICK thrill-seekers through town on their way to the the Champ about to strike a punch. His ac- OF PENNSYLVANIA wonders of the interior: Jawbone, Death Val- complishments not only made the City of Eas- ley, Red Rock Canyon, and the Trona Pin- ton known nationally, they also inspired others nacles. California City grew by leaps and HON. SCOTT PERRY to strive to be their best, to be a champ. bounds, fed by the steady currents of desert OF PENNSYLVANIA The statue unveiling held on Sunday, De- commerce. IN THE HOUSE OF REPRESENTATIVES cember 13 commenced with a Championship Today, as the city celebrates its Jubilee, we Tuesday, December 15, 2015 Parade that began on 3rd Street in front of the have a chance to draw lessons from its his- new Easton City Hall and continued onto the Mr. PERRY. Mr. Speaker, today I’d like to tory. California City would never have existed Drive named in the Champ’s honor and down honor Patrick McCormick on his retirement without the vision and drive of one entre- to the statue’s location in Scott Park on the after more than 38 years of service to the preneur, willing to bet everything on a dream. confluence of the Delaware and Lehigh Riv- United States of America. In Kern County—as in America—we are de- Whether through his service through the ers. pendent both on the enterprising spirit of our ‘‘The Easton Assassin’’ grew up in the U.S. Air Force, New Cumberland Army Depot, people, and on the power of our communities projects. At the age of 13, he dropped out of or his leadership roles as Director of Defense to persevere when they are united. I am proud school to support his family. At the age of 19, Logistics Agency (DLA) Distribution’s Current today to congratulate the people of California he started boxing and pursued a legendary Operations and Logistics Operations, his tire- City on this 50th anniversary, and look forward career. His left jab is rated among the best in less dedication, professionalism and sacrifice to California City’s next 50 years. boxing history. An impressive 44 of his 69 touched the lives of countless people and wins were from knockouts. Holmes was in- challenged all with whom he worked with to be f ducted into the International Boxing Hall of the best. Fame in 2008. Through numerous promotions and awards TRIBUTE TO GEORGE AND Larry Holmes is not just a champ for his Patrick has left an enduring legacy of service. CATHERINE ROSS boxing; he is a champ for his service to the In particular, by earning the Department of De- community. After retiring from boxing, Holmes fense (DOD) Distinguished Civilian Service became a businessman and invested in his award, the highest award available for career HON. DAVID YOUNG hometown. He is noted to have employed DOD civilian employees, he demonstrated an OF IOWA more than 200 people through his various exceptional devotion to duty. Through hard IN THE HOUSE OF REPRESENTATIVES business holdings at one time including Larry work and leadership Patrick’s record of service Holmes Enterprises, a real estate and property to our Nation’s warfighters and citizens is truly Tuesday, December 15, 2015 management company; two restaurants; a outstanding. Mr. YOUNG of Iowa. Mr. Speaker, I rise It is with great pride along with Pennsylva- training facility; and an office complex. Over today to recognize and congratulate George the years, he has been a role model for young nia’s Fourth Congressional district that I con- and Catherine Ross of Essex, Iowa, on the gratulate Patrick McCormick on his retirement fighters, and he has supported various char- very special occasion of their 65th wedding ities and youth groups throughout the Lehigh after more than 38 years of service to the anniversary. They were married in 1950. United States of America. Valley, in particular the Easton Area Commu- George and Catherine’s lifelong commitment nity Center (EACC), which used to be known f to each other and their family truly embodies as St. Anthony’s Youth Center—the place RECOGNIZING THE 50TH ANNIVER- our Iowa values. It is families like the Ross where he first learned to box. Later, and SARY OF CALIFORNIA CITY family that make me proud to call myself an thanks to Holmes, the EACC’s annual fund- Iowan and represent the people of our great raiser became well-known as an event at- HON. KEVIN McCARTHY state. tended by boxing champions. Holmes can OF CALIFORNIA Mr. Speaker, I commend this great couple often be seen at community events and per- on their 65th year together and I wish them IN THE HOUSE OF REPRESENTATIVES forming with his band. many more. I ask that my colleagues in the It is an honor for me to recognize Larry Tuesday, December 15, 2015 United States House of Representatives join Holmes. He has been a good son to Easton. Mr. MCCARTHY. Mr. Speaker, I rise today me in congratulating them on this momentous Through this statue, visitors for generations in recognition of the 50th anniversary of the in- occasion. will see the heart of a legend.

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A15DE8.027 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 15, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1797 HONORING SONYA GISH OF COL Dietz, in his 36 years of service, has Our Navy chaplains are an invaluable pillar PENNSYLVANIA served combat tours with 101st Airborne Divi- of their military communities. The role of a sion, 82nd Airborne Division as a Battalion chaplain is inherently religious. As the makeup HON. SCOTT PERRY Commander, 3rd Army, 3rd Special Forces of our service members has expanded, the OF PENNSYLVANIA Group, United States Army Special Operations chaplaincy has expanded with it to include IN THE HOUSE OF REPRESENTATIVES Command, 5th Special Forces Group, the De- representatives reflecting the many faith tradi- fense Intelligence Agency and the 636th MI tions of our troops, including Catholic, Protes- Tuesday, December 15, 2015 Battalion. tant, Jewish, Muslim, and Buddhist. When reli- Mr. PERRY. Mr. Speaker, today I’d like to COL Dietz is currently a member of the gious leaders become military chaplains, they honor Sonya Gish on her retirement after Warrior Transition Unit at Ft. Sam Houston, pledge to equally serve all members of the more than 30 years of service to the United Texas. This unit specializes in repairing armed forces, regardless of religious belief. States of America. wounded warriors. COL Dietz is in the process Chaplains faithfully carry out this sacred duty Through her work with the Information Tech- of being treated for numerous injuries that he each and every day. nology Department at New Cumberland Army sustained while deployed in Iraq and Afghani- While military chaplains are noncombatants Depot, and her leadership role as Deputy Di- stan. and do not carry weapons, they still serve in rector, and later Director, of Distribution Policy He has been married for 31 years to Elly harm’s way. Sixteen Navy chaplains have and Processing at Defense Logistics Agency Del Prado Dietz and his daughter, Sharon is given their lives providing religious and spir- (DLA) Distribution, her tireless dedication, pro- a 1st Lieutenant currently serving at Camp itual support for our men and women at war. fessionalism and sacrifice touched the lives of Mabry, Austin, Texas and his son, Aidan is a Two Navy chaplains were awarded the Con- countless people and challenged all with 2nd Lieutenant serving as an Airborne Infantry gressional Medal of Honor for their sacrificial whom she worked with to be the best. Platoon Leader in the 143rd INF BN (ABN). ministry to their Sailors and Marines. Lieuten- Her colleagues describe Sonya as the con- COL Dietz’s 36 years of distinguished serv- ant Commander Joseph T. O’Callahan braved summate role model and a truly indispensable ice reflects great credit upon himself, the a fiery inferno to administer last rites and di- asset to DLA Distribution. Her numerous pro- Texas Army National Guard, the United States rect damage control operations aboard the motions and awards exemplify an outstanding Army and the United States of America. On stricken USS Franklin in 1945. Lieutenant Vin- record of service to our Nation’s warfighters behalf of a grateful Nation, I wish him and his cent R. Capodanno repeatedly exposed him- and citizens. Through work ethic and char- family the very best in retirement. self to intense enemy fire in Vietnam while ad- acter, Sonya has truly left an enduring legacy f ministering last rites to dead and dying Ma- of service. TRIBUTE TO THE DOWLING rines, refusing treatment of his own wounds It is with great pride along with Pennsylva- CATHOLIC HIGH SCHOOL BOYS and directing corpsmen to his wounded com- nia’s Fourth Congressional district that I con- CROSS COUNTRY TEAM rades, before being killed while coming to the gratulate Sonya Gish on her retirement after aide of another. Six naval ships have been more than 30 years of service to the United named after chaplains with one, the destroyer States of America. HON. DAVID YOUNG USS Laboon, still in service. OF IOWA f Mr. Speaker, I ask my colleagues to join IN THE HOUSE OF REPRESENTATIVES with me today in recognizing the brave and COLONEL MICHAEL P. DIETZ Tuesday, December 15, 2015 honorable service of Navy chaplains over the Mr. YOUNG of Iowa. Mr. Speaker, I rise last 240 years. HON. ROGER WILLIAMS today to recognize and congratulate the f OF TEXAS Dowling Catholic High School Boys Cross COMMENDING AND CONGRATU- IN THE HOUSE OF REPRESENTATIVES Country team for winning the Iowa Class 4A LATING JOYCE I. MARTRATT ON Tuesday, December 15, 2015 State Cross Country Championship. 50 YEARS OF CIVILIAN SERVICE I would like to congratulate each member of Mr. WILLIAMS. Mr. Speaker, I rise today to WITH THE U.S. AIR FORCE the Team: Runners: Matthew Carmody, John acknowledge the distinguished career and Clingan, Jack Fink, Matt Fraizer, Skyler military service of Colonel Michael P. Dietz. Riesberg, Jack Turner, and Ryan Schweizer; HON. MADELEINE Z. BORDALLO An Alaskan native, Michael enlisted in the Head Coach: Timothy Ives; and Assistant OF GUAM United States Army in Providence, Rhode Is- Coaches: Duncan McLean, Gerard Amadeo, IN THE HOUSE OF REPRESENTATIVES land in 1979. As an Enlisted Soldier, Michael Ann Flood, and Kevin Lewis. served in Europe, Korea and Central America Tuesday, December 15, 2015 Mr. Speaker, the success of this team and eventually achieving the rank of Staff Ser- Ms. BORDALLO. Mr. Speaker, I rise today their coaches demonstrates the rewards of geant. In 1989, he was given a direct commis- to commend and congratulate Mrs. Joyce I. hard work, dedication, and perseverance. I am sion as a 2nd Lieutenant in the U.S. Army Martratt on her 50 years of civilian service with honored to represent them in the United Military Intelligence Corp. During the First Gulf the United States Air Force. Joyce has served States Congress. I ask that all of my col- War, he served with the Third Mobile Armored in numerous capacities with the Air Force on leagues in the United States House of Rep- Corp as a Senior Intelligence Analyst. Guam, and she has dedicated much of her resentatives join me in congratulating the team Throughout the 1990s Colonel (COL) Dietz professional life to furthering its mission and for competing in this rigorous competition and served in a series of positions of increasing providing critical support to our Airmen. wishing them all nothing but continued suc- responsibility in the area of military intelligence Joyce was born to Jesus San Nicolas and cess. to include, operations officer of an Anti-Ter- Rosario Castro Camacho of Hagatna on Au- rorist Response Team and culminating with f gust 28, 1939. She is the eldest of five chil- the Deputy Command of the 6th Civil Support HONORING THE 240TH ANNIVER- dren and endured the atrocities of war during Team, an Anti-Terrorist Team specializing in SARY OF THE NAVY CHAPLAIN the occupation of Guam during World War II. Weapons of Mass Destruction. During this CORPS As a survivor of the war, she and her family time, COL Dietz had operational control of re- relocated to the village of Mongmong, where sponse elements to the events of 9/11 and the HON. J. RANDY FORBES they settled and began to rebuild their lives Columbia Space Shuttle Disaster over East OF VIRGINIA and homes. In 1955, Joyce was adopted by her Aunt Maria and Uncle Peling Castro in Texas. IN THE HOUSE OF REPRESENTATIVES In 2003, COL Dietz commanded mobile col- order for her to further her education as they lection teams for the Defense Intelligence Tuesday, December 15, 2015 moved to Washington, D.C. before resettling Agency (DIA) in Iraq. He later commanded the Mr. FORBES. Mr. Speaker, today I would in San Francisco in 1956. She attended Oak- entire DIA effort in Afghanistan in 2004. Both like to recognize the 240th anniversary of the land Community College while working for the positions required work with Allied Nations. Navy Chaplain Corps. For 240 years, Navy Gallop Poll. She then moved back to Guam to In 2008–2009, COL Dietz commanded the chaplains have served with honor, courage, attend the University of Guam. While at the 636th Military Intelligence Battalion of the and selflessness, ensuring that our Sailors, University of Guam, she met her late-husband Texas National Guard. This is the number one Marines, and Coast Guardsmen are able to Herbert Sablan Leddy, and together they start- rated MI Battalion in both Operation Iraqi practice and grow in their faith, regardless of ed a family. In 1984, Herbert passed away Freedom and Operation Enduring Freedom. where they serve. and Joyce later remarried Charlie Martratt.

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.033 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1798 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2015 Joyce began working at the Andersen Air ice after 17 years. The City of Kinston, located case-by-case basis. Whether Hungary lets in Force Base in 1965. She was first hired for a in my congressional district, has been fortu- refugees from a conflict that it had absolutely temporary job at the Civilian Personnel Office nate to have a remarkable leader in Mr. Jo- nothing to do with is a purely Hungarian ques- as a clerk typist. She went on to work as a seph Tyson. Through his words and actions tion. Just like we wouldn’t want Canada telling secretary and clerk-stenographer and contin- as a City Councilman and Mayor Pro Tem, he us what to do, nor does Hungary want coun- ued to progress professionally. She served in has demonstrated time and time again that he tries like Germany telling it what to do. several capacities, including work for the com- is one of our state’s finest and most effective The fact of the matter is that the refugee mander of the 43d Combat Support Group, leaders. issue is complex. There are two sides to the Vice Commander of HQ Eighth Air Force, Mr. Tyson spent his formative years in my command of the 3rd Air Division, and the 43rd district in Beaufort, North Carolina until 1964 morality argument. Yes, there is a moral argu- Bombardment Wing (Hvy) (SAC), the 633d Air when he left to attend North Carolina A&T ment to helping those fleeing war, but let’s not Base Wing (PACAF), and the 13th Air Force University in Winston-Salem. It was there that forget about the moral argument for a govern- (PACAF). Joyce worked with the 13th Air he received his commission as a Second Lieu- ment keeping its promise to its citizens that it Force until the headquarters moved to Hickam tenant in the United States Army. He would will protect them. Refugees pose serious eco- in 2005. After the move, Joyce transferred to spend more than two decades in uniform as nomic and security concerns to the countries the 36th Air Base Wing Commander, where an infantry and chemical officer. He retired as of Europe. Modest estimates suggest that she is currently employed. a Lieutenant Colonel. Germany, who has touted a welcoming pos- During her 50 years of service, Joyce was When Hurricane Floyd devastated much of ture towards the refugees, will find itself privileged to be involved in many historic eastern North Carolina in 1999, Mr. Tyson spending as much as 10 billion euros in 2015 events and assisted and coordinated the visits played a pivotal role in guiding the city through to accommodate these newcomers. If Hungary of distinguished guests to the island. She sup- myriad issues resulting from the effects of the were to spend even half of that amount, it ported efforts after the fall of Saigon during historic storm. From having to replace a would cost the country upwards of 7% of its the Vietnam War when the people of Guam wastewater treatment plant, to navigating the annual budget. and the U.S. Air Force provided humanitarian relocation of a large number of the city’s resi- While Germany may be financially capable dents, Mr. Tyson worked with other leaders to aid to over 111,000 Vietnamese refugees who of weathering the financial storm precipitated were temporarily housed on Guam during Op- resolve problems for the benefit of the com- by the influx of refugees, Hungary’s economy eration New Life. She has also supported nu- munity. may not. Despite notable improvements in re- merous U.S. Air Force missions, including the Mr. Tyson has always looked for ways to cent years in both trade and investment, Hun- evacuation of former Philippine President Fer- give back, even after dedicating so much of dinand Marcos and his family from the Phil- himself to his city and his country. Following gary’s unemployment rate sits now at 10.5%. ippines in 1986, and care for 6,600 Kurdish his retirement from the Army in 1993, Mr. The Organization for Economic Cooperation refugees who were brought to Guam as part Tyson began working as the senior Army in- and Development notes that, although Hun- of Joint Task Force Operation Pacific Haven in structor for the JROTC program at Kingston gary successfully exited from recession in 1996. For several years, Joyce wrote a col- High School. He taught cadets important lead- early 2013, the recovery of its economy is umn about the local culture for the AAFB ership skills and equipped them with the tools modest at best. The OECD notes Hungary newspaper called ‘‘Ask Joyce.’’ they needed to succeed. He motivated and must ‘‘maintain fiscal discipline,’’ underscoring Joyce has been a hallmark of Andersen Air encouraged those under his command to be Budapest’s need to invest in its own people Force Base and our community in Guam. She the best version of themselves. and economy—not spend billions accommo- has always been a dedicated worker who puts Mr. Tyson has been a strong and steady dating others. her whole heart into what she does. Joyce is leader for his community and has succeeded Putting the economic factors aside, it is a true professional and her knowledge and in making Kinston a better place for current quite obvious that taking in Syrian refugees background has helped the constant rotation and future generations. He has earned the re- comes with a whole host of security concerns. of Commanders better understand the chal- spect and trust of his fellow councilmen, and ISIS has openly boasted in recent months that lenges and opportunities at Andersen Air has the admiration of a grateful community, it is sending operatives to Europe under the Force Base. Her institutional knowledge is so whom he has diligently served. guise of refugees, intending to fulfill the ter- critical to the entire team at Andersen Air Mr. Speaker, I am honored to recognize this rorist organization’s threat to stage attacks in Force Base. Additionally, Joyce is heavily in- man of conviction, principle, and exceptional the West. European and American intelligence volved in her parish of San Isidro as the direc- character as he retires after nearly two dec- officials report that ISIS has set up a wing that tor of faith formation and as a catechist. She ades on the Kinston City Council. I ask my specializes in launching terrorist attacks serves in the community whenever called colleagues to join me in wishing The Honor- abroad, providing guidance, training and fund- able Joseph Tyson the best of luck as he em- upon and is dedicated to her family. ing for attacks that kill the most civilians pos- I join the United States Air Force and the barks on the next chapter of his life. sible. Earlier this month British media outlets people of Guam in thanking Joyce I. Martratt f reported that the Tunisian leader of an al- for her 50 years of service to our nation, our Qaeda-affiliated terrorist group was smuggled island, and our Airmen in the U.S. Air Force. HUNGARY AND THE REFUGEE into Europe posing as a refugee in October She represents the very best of our civilian CRISIS before being arrested and deported to Tunisia. workforce and is symbolic of the great patriot- ism that exists on Guam. I commend her for HON. TED POE Unfortunately, we have seen the bloody after- math of the attacks on Paris, which were car- her outstanding career and tireless work in all OF TEXAS ried out in part by an ISIS terrorist who en- that she has accomplished. Thank you (Si IN THE HOUSE OF REPRESENTATIVES tered Europe as an asylum seeker. Yu’os Ma’ase), Joyce. Tuesday, December 15, 2015 f The Hungarian Government does not think Mr. POE of Texas. Mr. Speaker, before the all of the refugees are terrorists. But the grave RECOGNIZING THE HONORABLE Paris attacks, pundits sitting in far-flung cap- security concerns should not be written off for JOSEPH TYSON ON THE OCCA- itals of the world were throwing lobs at Hun- the sake of humanitarianism. Hungary has a SION OF HIS RETIREMENT AS A gary for turning a blind eye to the plight of humanitarian obligation to its own people too. MEMBER OF THE KINSTON, Syrian refugees. Now that we know that one Hungary has called on the European Union to NORTH CAROLINA CITY COUNCIL of the attackers posed as a refugee to get into set up the necessary institutions and orderly Europe and then stayed in a refugee camp as processes to handle this massive influx of he made his way from Greece to Paris, I’d like HON. G. K. BUTTERFIELD people into the bloc. Hungary and its neigh- to do something I know the pundits won’t do: OF NORTH CAROLINA boring eastern and central European countries go back to an old story to make sure they got IN THE HOUSE OF REPRESENTATIVES should not be expected to bear the burden of it right. Tuesday, December 15, 2015 First, the outside world’s opinions of what this sea of refugees. More than anything, Mr. BUTTERFIELD. Mr. Speaker, I rise to Hungary should or should not do are wholly ir- these countries should not be judged for mak- recognize Kinston, North Carolina City Coun- relevant. Hungary is a sovereign country that ing decisions based on their own interests. cilman and Mayor Pro Tem, The Honorable ultimately will make its own political decisions That is simply their right. Joseph Tyson who is retiring from public serv- based on its interests and concerns on a And that’s just the way it is.

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A15DE8.037 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS December 15, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1799 TRIBUTE TO THE URBANDALE Report for S. 1177, to reauthorize the Elemen- I would have voted ‘‘no’’ on Roll Call Vote HIGH SCHOOL GIRLS CROSS tary and Secondary Education Act of 1965 to number 686, on Passage of H.R. 2130, the COUNTRY TEAM ensure that every child achieves. Red River Private Property Protection Act. I would have voted ‘‘no’’ on Roll Call Vote I would have voted ‘‘yes’’ on Roll Call Vote HON. DAVID YOUNG number 666, on Ordering the Previous Ques- number 687, on the Motion to Suspend the Rules and Pass, as Amended, H.R. 3578, the OF IOWA tion for H. Res. 546, Providing for consider- ation of the conference report to accompany DHS Science and Technology Reform and Im- IN THE HOUSE OF REPRESENTATIVES H.R. 22, to authorize funds for Federal-aid provement Act of 2015. Tuesday, December 15, 2015 highways, highway safety programs, and tran- I would have voted ‘‘no’’ on Roll Call Vote Mr. YOUNG of Iowa. Mr. Speaker, I rise sit programs, and for other purposes. number 688, on the Motion to Table the Ap- today to recognize and congratulate the I would have voted ‘‘yes’’ on Roll Call Vote peal of the Ruling of the Chair. Urbandale High School Girls Cross Country number 667, on Agreeing to H. Res. 546, Pro- I would have voted ‘‘yes’’ on Roll Call Vote team for winning the Iowa Class 4A State viding for consideration of the conference re- number 689, on the Motion to Suspend the Cross Country Championship. port to accompany H.R. 22, to authorize funds Rules and Pass, as Amended, H.R. 2795, the I would like to congratulate each member of for Federal-aid highways, highway safety pro- First Responder Identification of Emergency the team: grams, and transit programs, and for other Needs in Disaster Situations or ‘‘FRIENDS’’ Runners: Mickey Cole, Carly Klavins, purposes. Act. Neanagit Malow, Casey Middleswart, Julia I would have voted ‘‘no’’ on Roll Call Vote I would have voted ‘‘no’’ on Roll Call Vote Noah, Avery Peterson, and Elyse Prescott; number 668, on Agreeing to the Cramer of number 690, on Ordering the Previous Ques- Head Coach: Dan Davis North Dakota Amendment No. 26 to H.R. 8. tion for H. Res. 560, Providing for consider- Assistant Coach: Carla Madson. I would have voted ‘‘no’’ on Roll Call Vote ation of the conference report to accompany Mr. Speaker, the success of this team and number 669, on Agreeing to the Rouzer of H.R. 644, the Trade Facilitation and Trade En- their coaches demonstrates the rewards of North Carolina Amendment No. 30 to H.R. 8. forcement Act of 2015 and providing for con- hard work, dedication, and perseverance. I am I would have voted ‘‘yes’’ on Roll Call Vote sideration of the Senate amendments to H.R. honored to represent them in the United number 670, on Agreeing to the Pallone of 2250, Making appropriations for the Legislative States Congress. I ask that all of my col- New Jersey Amendment No. 37 to H.R. 8. Branch for the fiscal year ending September leagues in the United States House of Rep- I would have voted ‘‘yes’’ on Roll Call Vote 30, 2016. resentatives join me in congratulating the team number 671, on the Motion to Recommit with I would have voted ‘‘no’’ on Roll Call Vote for competing in this rigorous competition and Instructions for H.R. 8, the North American number 691, on Agreeing to H. Res. 560, Pro- wishing them all nothing but continued suc- Energy Security and Infrastructure Act. viding for consideration of the conference re- I would have voted ‘‘no’’ on Roll Call Vote cess. port to accompany H.R. 644, the Trade Facili- number 672, on Passage of H.R. 8, the North tation and Trade Enforcement Act of 2015 and f American Energy Security and Infrastructure providing for consideration of the Senate PERSONAL EXPLANATION Act. amendments to H.R. 2250, Making appropria- I would have voted ‘‘yes’’ on Roll Call Vote tions for the Legislative Branch for the fiscal HON. PETE AGUILAR number 673, on Agreeing to the Conference year ending September 30, 2016. Report for H.R. 22, To authorize funds for I would have voted ‘‘yes’’ on Roll Call Vote OF CALIFORNIA Federal-aid highways, highway safety pro- number 692, on the Motion to Recommit with IN THE HOUSE OF REPRESENTATIVES grams, and transit programs, and for other Instructions the Conference Report for H.R. Tuesday, December 15, 2015 purposes. 644, the Trade Facilitation and Trade Enforce- Mr. AGUILAR. Mr. Speaker, on December I would have voted ‘‘no’’ on Roll Call Vote ment Act of 2015. 2, 2015 I was absent from the House of Rep- number 674, on the Motion to Adjourn. I would have voted ‘‘no’’ on Roll Call Vote I would have voted ‘‘no’’ on Roll Call Vote resentatives due to a mass shooting terrorist number 693, on Agreeing to the Conference number 675, on the Motion to Adjourn. attack in my district. I was also absent on De- Report for H.R. 644, the Trade Facilitation and I would have voted ‘‘no’’ on Roll Call Vote cember 3rd and 8th through 11th. Due to my Trade Enforcement Act of 2015. number 676, on the Motion to Adjourn. f absence, I am not recorded on roll call votes I would have voted ‘‘no’’ on Roll Call Vote 656 through 693. I would like to reflect how I number 677, on the Motion to Adjourn. HONORING MAMIE VEST would have voted had I been present for legis- I would have voted ‘‘no’’ on Roll Call Vote lative business. number 678, on the Motion to Adjourn. I would have voted ‘‘no’’ on Roll Call Vote HON. H. MORGAN GRIFFITH I would have voted ‘‘yes’’ on Roll Call Vote OF VIRGINIA number 656, on Agreeing to the Upton of number 679, on the Motion to Suspend the IN THE HOUSE OF REPRESENTATIVES Michigan Amendment No. 1 to H.R. 8. Rules and Pass, as Amended, H.R. 158, the Tuesday, December 15, 2015 I would have voted ‘‘yes’’ on Roll Call Vote Visa Waiver Program Improvement and Ter- number 657, on Agreeing to the Tonko of New rorist Travel Prevention Act of 2015. Mr. GRIFFITH. Mr. Speaker, on behalf of York Amendment No. 2 to H.R. 8. I would have voted ‘‘yes’’ on Roll Call Vote myself and Representative BOB GOODLATTE, I I would have voted ‘‘no’’ on Roll Call Vote number 680, on the Motion to Suspend the submit these remarks in honor of the life of number 658, on Agreeing to the Gene Green Rules and Pass, as Amended, H.R. 3842, the Mamie Vest of Floyd and Roanoke, Virginia. of Texas Amendment No. 14 to H.R. 8. Federal Law Enforcement Training Centers Mamie was born on August 9, 1938, and was I would have voted ‘‘yes’’ on Roll Call Vote Reform and Improvement Act of 2015. the youngest child of Deputy Sheriff William number 659, on Agreeing to the Beyer of Vir- I would have voted ‘‘no’’ on Roll Call Vote Lewis Phillips and Cordova Quesenberry Phil- ginia Amendment No. 17 to H.R. 8. number 681, on Consideration of H. Res. 556, lips. I would have voted ‘‘yes’’ on Roll Call Vote Providing for consideration of H.R. 2130, Red Though a native of Floyd County, Mamie’s number 660, on Agreeing to the Schakowsky River Private Property Protection Act. career in art was launched by an internship in of Illinois Amendment No. 19 to H.R. 8. I would have voted ‘‘no’’ on Roll Call Vote Charlotte, North Carolina at the Delmar Stu- I would have voted ‘‘yes’’ on Roll Call Vote number 682, on Ordering the Previous Ques- dios photography business. She returned to number 661, on Agreeing to the Tonko of New tion for H. Res. 556, Providing for consider- Roanoke, where she went on to enjoy her ca- York Amendment No. 22 to H.R. 8. ation of H.R. 2130, Red River Private Property reer in advertising, design, and public rela- I would have voted ‘‘yes’’ on Roll Call Vote Protection Act. tions. She also married the love of her life, number 662, on Agreeing to the Castor of I would have voted ‘‘no’’ on Roll Call Vote Earl Stewart Vest. Florida Amendment No. 23 to H.R. 8. number 683, On Agreeing to H. Res. 556, Mamie worked as a graphic artist for Roa- I would have voted ‘‘yes’’ on Roll Call Vote Providing for consideration of H.R. 2130, Red noke Engraving, became director of art serv- number 663, on Agreeing to the Polis of Colo- River Private Property Protection Act. ices at Brand Edmonds Advertising, and—by rado Amendment No. 24 to H.R. 8. I would have voted ‘‘yes’’ on Roll Call Vote the age of 28—founded her own independent I would have voted ‘‘no’’ on Roll Call Vote number 684, on Agreeing to the Cole of Okla- business, Mamie Vest Associates. Addition- number 664, on Agreeing to the Barton of homa Amendment No. 2 to H.R. 2130. ally, Mamie also served as a legislative aide in Texas Amendment No. 25 to H.R. 8. I would have voted ‘‘no’’ on Roll Call Vote both the Virginia Senate and House of Dele- I would have voted ‘‘yes’’ on Roll Call Vote number 685, on the Motion to Table the Ap- gates, as well as a long-time advisor to Rep- number 665, on Agreeing to the Conference peal of the Ruling of the Chair. resentative GOODLATTE.

VerDate Sep 11 2014 04:38 Dec 16, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.040 E15DEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1800 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2015 Between the 1970s and 1990s, Mamie cre- my own, which they have touched over the Recognition of Colonel Candelori’s leader- ated and directed advertising for over 80 local, fifty years they have been together. ship quality is international as he was knighted state, and federal Republican campaigns. She Congratulations. Here’s to many more good with the title of Cavalieri in the Order of Soli- was a talented and fierce trailblazer and, in times and sweet memories to come. darity by the government of Italy. He served recognition of her work in advertising, Mamie f as president of the Societa Cavalieri d’Italia won the American Advertising Federation’s Sil- and is a past trustee of the Italian-American ANGELO CANDELORI: A LIFETIME ver Medal Award in 1982. National Hall of Fame and a past president of OF OUTSTANDING PUBLIC SERV- In addition to being politically active, Mamie the Enrico Fermi Federation. ICE was an active member of our community. She Mr. Speaker, to say that Colonel Angelo was an active member of the Roanoke City Candelori is a patriot and a gentleman would Sign Ordinance Committee, served as Chair- HON. CHRISTOPHER H. SMITH be an understatement. He is a remarkable, man of the Roanoke City Arts Commission, OF NEW JERSEY dedicated family man and community leader and served as the Roanoke Valley Coordi- IN THE HOUSE OF REPRESENTATIVES who has truly advanced the common good. nator for the Virginia Bicentennial Commis- Tuesday, December 15, 2015 This year, as he steps down from his more sion. Mamie also was appointed by Governor Mr. SMITH of New Jersey. Mr. Speaker, I than three decades of assisting in the vetting Linwood Holton to the Consumer Credit Study rise today to express gratitude and deep ap- of future uniformed military officers, I ask my Commission, by Governor John Dalton to the preciation for the leadership and commitment colleagues in the House of Representatives to Advisory Committee on Furnishing and Inter- of one of New Jersey’s most dedicated public join me in honoring Colonel Angelo Candelori preting the Executive Mansion, and by Gov- servants, Colonel Angelo Candelori. for his dedicated service to the citizens of New ernor George Allen to the Board of Trustees of For over 30 years, Colonel Candelori has Jersey and to the United States of America. the Virginia Museum of Natural History. volunteered countless hours and offered ex- Regrettably, Mamie passed away on No- ceptional guidance and insights as a member f vember 17, 2015. She is survived by her hus- of the Fourth Congressional District’s Service band of 56 years, her granddaughter Sedona Academy Nominations Board—a task he has IN HONOR OF GOVERNOR TERRY Marguerite Hanks, as well as her sister and taken most seriously and accomplished with BRANSTAD brother-in-law, George and Ruth Heafner of great success. Year after year, Colonel Greensboro, N.C., Helen Mabry of Cherryville, Candelori has ‘‘sweat the details,’’ tediously N.C.; sister-in-law, Barbara Vest of Maryland. HON. ROD BLUM poring over the applications of prospective OF IOWA Also surviving are many nieces, nephews, Service Academy nominees. With great scru- IN THE HOUSE OF REPRESENTATIVES great-nieces, great-nephews, and cousins. tiny and wisdom he has interviewed every Mamie Vest was dedicated to her work and young man and woman, recommending only Tuesday, December 15, 2015 her family. She had a tremendous impact on those whom he felt were most deserving of our community and, though she will be greatly Mr. BLUM. Mr. Speaker, I rise today in my congressional nomination. honor of Iowa Governor Terry Branstad, who missed by many, she will long be remem- I have benefitted greatly from Colonel bered. We are both honored to have called yesterday became the longest serving gov- Candelori’s expertise, discernment, dedication, ernor in the history of the United States, sur- her a friend. Our thoughts and prayers go out and desire that our armed services receive the to Mamie’s family and loved ones. May God passing former Vice President George Clinton best and brightest possible officer applicants. from New York. give them comfort and peace. And so, too, has the United States military. f Having served for 32 years in the United Governor Branstad has now served 7,642 days as governor. I salute and congratulate RECOGNIZING THE ANNIVERSARY States Marine Corps and the reserves—a ten- ure that overlapped with his time on our Serv- him on his dedication to the state of Iowa and OF DWAYNE AND CAROL CHEST- his passion for public service. NUT ice Academy Board—Colonel Candelori relied on his instinctive knowledge and judgement, Born and raised on a farm in Northern Iowa, HON. DINA TITUS as well as years of military training, to help Governor Branstad’s life has been dedicated identify young applicants best suited to be- to the advancement of the state of Iowa. After OF NEVADA come America’s next generation of military a tenure in the United States Army, he served IN THE HOUSE OF REPRESENTATIVES leaders. With honor, integrity, courage and three terms in the Iowa House of Representa- Tuesday, December 15, 2015 dedication, Colonel Candelori easily embodies tives and was subsequently elected as the Ms. TITUS. Mr. Speaker, I rise today to rec- the Marine Corps motto ‘‘Semper Fi’’—proving Lieutenant Governor. ognize the golden wedding anniversary of to be ‘‘always faithful’’ to the United States of In 1982, at the age of 35, he was elected Dwayne and Carol Chestnut, two dear friends, America, his fellow Marines, and all members as the youngest governor in Iowa history. After respected community leaders, generous phi- of our armed forces. his first four terms in office, Governor lanthropists, and loyal Democrats. They have If you knew Colonel Candelori personally, Branstad refocused his boundless energy on three children, Kay, Michelle, and Mark, and you would know that his dedication to his continuing to serve the state as the President two grandchildren, Darrel and Danielle Jobe. community and his commitment to public serv- of Des Moines University. He returned as gov- Carol and Dwayne met as teenagers in high ice is evident beyond his military career. For ernor in 2010 and is currently serving his sixth school when, coming out of class, he held the many years Colonel Candelori was a member term. door open for her. Carol responded, ‘‘It is of the Hamilton Township Planning Board and During his administration, Iowa has seen good to know that there are still gentlemen the Hamilton Township Development Review record low unemployment rates, as well as an and scholars left.’’ Dwayne was smitten and Advisory Board. His positive impact in many admirable budget surplus. His endless energy holds the door for Carol still today. local and state volunteer and/or civic organiza- and strong work ethic inspires all of us who When Carol and Dwayne were courting in tions resulted in his designation as a Point of serve in elected office to constantly strive to Texas in the early fifties, their favorite song Light by President George H. W. Bush. Colo- improve our performance on behalf of all was ‘‘Too Young’’ by Nat King Cole. Its words nel Candelori was also named a recipient of Iowans. were prophetic: ‘‘This love will last though the U.S. Secretary of Energy’s Community Thank you, Governor Branstad, for all that years may go.’’ The joy they find in each other Service Award and the Enrico Fermi Federa- you have done for the great state of Iowa and spills over into the numerous lives, including tion Achievement Award. your nearly twenty-one years of service.

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Executive Reports of Committees: Page S8684 Assistant Secretary of the Air Force, and Vice Admi- Additional Cosponsors: Pages S8684–86 ral Kurt W. Tidd, to be Admiral, and Commander, United States Southern Command, all of the Depart- Statements on Introduced Bills/Resolutions: ment of Defense, and John E. Sparks, of Virginia, to Page S8686 be a Judge of the United States Court of Appeals for Additional Statements: Pages S8682–83 the Armed Forces. Amendments Submitted: Pages S8686–87 AFGHANISTAN Authorities for Committees to Meet: Page S8687 Committee on Foreign Relations: Committee received a Privileges of the Floor: Page S8687 closed briefing on an assessment of Afghanistan in- telligence from national security briefers. Adjournment: Senate convened at 10 a.m. and ad- journed at 7:06 p.m., until 11 a.m. on Wednesday, TRANSITION ASSISTANCE December 16, 2015. (For Senate’s program, see the Committee on Veterans’ Affairs: Committee concluded a remarks of the Majority Leader in today’s Record on hearing to examine transition assistance, after receiv- page S8688.) ing testimony from Susan Kelly, Director, Transition to Veterans Program Office, Office of the Under Sec- Committee Meetings retary of Defense for Personnel and Readiness; Curtis L. Coy, Deputy Under Secretary of Veterans Affairs (Committees not listed did not meet) for Economic Opportunity, Veterans Benefits Ad- ministration; Teresa W. Gerton, Deputy Assistant NOMINATIONS Secretary of Labor for Veterans’ Employment and Committee on Armed Services: Committee concluded a Training Service; Elizabeth Voticky, The Coca-Cola hearing to examine the nominations of Patrick Jo- Company, Atlanta, Georgia; Matthew Kress, seph Murphy, of Pennsylvania, to be Under Secretary Starbucks Coffee Company, Seattle, Washington; of the Army, Janine Anne Davidson, of Virginia, to Eric Eversole, U.S. Chamber of Commerce Founda- be Under Secretary of the Navy, and Lisa S. tion, and Daniel Smith, The American Legion, both Disbrow, of Virginia, to be Under Secretary of the of Washington, D.C.; and Lieutenant Colonel Mi- Air Force, all of the Department of Defense, after chael Zacchea, USMC (Ret.), University of Con- the nominees testified and answered questions in necticut Entrepreneur Bootcamp for Veterans, Hart- their own behalf. ford. BUSINESS MEETING INTELLIGENCE Committee on Armed Services: Committee ordered favor- Select Committee on Intelligence: Committee met in ably reported the nominations of Marcel John Lettre, closed session to receive a briefing on certain intel- II, of Maryland, to be Under Secretary of Defense for ligence matters from officials of the intelligence Intelligence, Gabriel Camarillo, of Texas, to be an community. h House of Representatives enforcement against trafficking in cultural property Chamber Action and prevent stolen or illicit cultural property from Public Bills and Resolutions Introduced: 15 pub- financing terrorist and criminal networks, and for lic bills, H.R. 4246–4260; and 4 resolutions, H.J. other purposes, with an amendment (H. Rept. Res. 76–77; H. Con. Res. 102; and H.Res. 565, 114–380, Part 1); and Committee on Ethics. In the were introduced. Pages H9327–28 Matter of Allegations Relating to Representative Additional Cosponsors: Pages H9329–30 Jared Polis (H. Rept. 114–381). Page H9327 Reports Filed: Reports were filed today as follows: Speaker: Read a letter from the Speaker wherein he H.R. 3878, to enhance cybersecurity information appointed Representative Kelly (MS) to act as Speak- sharing and coordination at ports in the United er pro tempore for today. Page H9309 States, and for other purposes, with an amendment Recess: The House recessed at 12:25 p.m. and re- (H. Rept. 114–379, Part 1); H.R. 2285, to improve convened at 2 p.m. Page H9313

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Wednesday, December 16 9 a.m., Wednesday, December 16

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: Consideration of the following morning business until 6 p.m. measures under suspension of the rules: 1) H.R. 3750— First Responders Passport Act of 2015; 2) H.R. 2241— Global Health Innovation Act of 2015; 3) Concur in the Senate Amendment to H.R. 2297—Hizballah Inter- national Financing Prevention Act of 2015; 4) H.R. 3878—Strengthening Cybersecurity Information Sharing and Coordination in Our Ports Act of 2015; 5) Concur in the Senate Amendment to H.R. 2820—Stem Cell Therapeutic and Research Authorization Act of 2015; and 6) S. 1347—Electronic Health Fairness Act of 2015.

Extensions of Remarks, as inserted in this issue

HOUSE Forbes, J. Randy, Va., E1797 Ryan, Paul D., Wisc., E1787 Gohmert, Louie, Tex., E1789 Sablan, Gregorio Kilili Camacho, Northern Mariana Aguilar, Pete, Calif., E1799 Griffith, H. Morgan, Va., E1799 Islands, E1789 Beyer, Donald S., Jr., Va. E1795 Guinta, Frank C., N.H., E1796 Sewell, Terri A., Ala., E1793 Blum, Rod, Iowa, E1800 Hastings, Alcee L., Fla., E1794 Smith, Christopher H., N.J., E1800 Blumenauer, Earl, Ore., E1794 Hudson, Richard, N.C., E1792 Titus, Dina, Nev., E1800 Bordallo, Madeleine Z., Guam, E1797 Issa, Darrell E., Calif., E1790 Trott, David A., Mich., E1789 Buck, Ken, Colo., E1792 Katko, John, N.Y., E1787 Van Hollen, Chris, Md., E1791 Butterfield, G.K., N.C., E1798 Marchant, Kenny, Tex., E1795 Cartwright, Matt, Pa., E1791, E1796 McCarthy, Kevin, Calif., E1796 Veasey, Marc A., Tex., E1795 Chabot, Steve, Ohio, E1792 McSally, Martha, Ariz., E1788 Walker, Mark, N.C., E1795 Cohen, Steve, Tenn., E1790, E1793 Norton, Eleanor Holmes, The District of Columbia, Westmoreland, Lynn A., Ga., E1787 Comstock, Barbara, Va., E1788 E1794 Williams, Roger, Tex., E1797 Davis, Danny K., Ill., E1793 Payne, Donald M., Jr., N.J., E1789 Wilson, Joe, S.C., E1795 DesJarlais, Scott, Tenn., E1787 Perry, Scott, Pa., E1792, E1796, E1797 Young, David, Iowa, E1787, E1791, E1791, E1792, E1793, Dingell, Debbie, Mich., E1793 Poe, Ted, Tex., E1791, E1798 E1794, E1795, E1796, E1797, E1799

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