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

Vol. 160 WASHINGTON, WEDNESDAY, DECEMBER 10, 2014 No. 150 House of Representatives The House met at 10 a.m. and was DESIGNATION OF SPEAKER PRO WASHINGTON, DC, called to order by the Speaker pro tem- TEMPORE December 10, 2014. I hereby appoint the Honorable DAVID W. pore (Mr. JOLLY). The SPEAKER pro tempore laid be- JOLLY to act as Speaker pro tempore on this fore the House the following commu- day. JOHN A. BOEHNER, nication from the Speaker: Speaker of the House of Representatives.

NOTICE If the 113th Congress, 2nd Session, adjourns sine die on or before December 24, 2014, a final issue of the Congres- sional Record for the 113th Congress, 2nd Session, will be published on Wednesday, December 31, 2014, to permit Mem- bers 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 Tuesday, December 30. The final issue will be dated Wednesday, December 31, 2014, and will be delivered on Monday, January 5, 2015. 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/secretary/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 Printing 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. CHARLES E. SCHUMER, Chairman.

MORNING-HOUR DEBATE leaders and the minority whip limited Mr. GALLEGO. Mr. Speaker, I rise The SPEAKER pro tempore. Pursu- to 5 minutes, but in no event shall de- today to say thank you to the wonder- ant to the order of the House of Janu- bate continue beyond 11:50 a.m. ful people of the 23rd District of Texas ary 7, 2014, the Chair will now recog- who, for the last 2 years, have given me nize Members from lists submitted by f the great privilege of serving as their the majority and minority leaders for voice here in the people’s House. morning-hour debate. THANKING THE PEOPLE OF THE I am living proof that this is a nation The Chair will alternate recognition 23RD DISTRICT OF TEXAS of opportunity and that the American between the parties, with each party The SPEAKER pro tempore. The Dream still exists. God has blessed me limited to 1 hour and each Member Chair recognizes the gentleman from in many ways. I was born into a warm other than the majority and minority Texas (Mr. GALLEGO) for 5 minutes. and loving family. My parents, Pete

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.

H8933

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VerDate Sep 11 2014 00:39 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.000 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8934 CONGRESSIONAL RECORD — HOUSE December 10, 2014 and Elena, taught me to work hard and A robust democracy requires active ing two concurrent wars while solely respect others. I am married to a won- participation. Congress—indeed, Amer- remaining dedicated to the mission at derful wife, Maria Elena, who has stood ica—needs all of us. It needs Democrats hand. with me through the peaks and valleys and Republicans and Libertarians and As the Pentagon continues to imple- of the last 25 years. We are the parents Latinos and Anglos and African Ameri- ment a drawdown policy, provisions in of a phenomenal son, Nicolas Miguel, cans and Asians—Americans all. the law could create unwarranted and who has brought us joy we never knew Soon I will have the highest title unnecessary reductions to military re- possible and has taught us the true that any American can have—not the tirement pay for thousands of involun- meaning of love. In addition, though title of an elected official, but the title tarily separated servicemembers. my roots are humble, I have had the of citizen. And as a citizen, I hope to Mr. Speaker, these men and women privilege of working in this Chamber. continue to remind Congress of the im- have honorably served our country and Few people get the privilege to serve portance of governing well and our fel- deserve better. For example, some here. low Americans of the importance of prior enlisted soldiers who received a Yet Congress isn’t what it once was. participating in our electoral system. commission into the officer corps are Agreements are few, partisan rancor is I have faith that ours is a resilient now facing a difficult situation. Years common, statesmanship is rare. Who Nation blessed by God. Despite our after being commissioned, the Army are the giants of history among us? frustrations and our fears and our has made the determination to relieve Where are the statesmen and -women failings, despite ourselves, we still live these experienced soldiers from mili- who accomplished historic feats in the greatest Nation the world has tary service. through significant signature legisla- ever known. To make the situation worse, many tive achievements? Sure, times are tough, but they were of these individuals do not have the re- But we know that progress is still tougher for our parents and our grand- quired time in the officer corps and are possible. We saw this session that when parents. If you think back a moment forced to receive a lesser retirement Congress puts party labels aside and and you compare your life to theirs, pension. Mr. Speaker, after having gets to work, like we did on VA reform, you can see how far you and all of us earned an officer’s rank, these soldiers we can accomplish some great things have come. have been reduced in rank for retire- for the American people. But those oc- The job now is not to be mad about ment purposes. Mr. Speaker, our soldiers have honor- casions were far too rare. and continually relive the old battles ably served our country and deserve More often, this Chamber saw bick- of the past nor to be afraid of the fu- better. These men and women deserve ering and pettiness, and this Congress ture, but to look forward and to build to collect full pension and benefits made history as the least productive our future together. equivalent to their service in uniform and most unpopular Congress in the I leave this institution with no re- and not subjected to an arbitrary re- history of this proud Nation. The grets and many accomplishments for duction in rank and pay after being in- American people responded by making the people of home, particularly grate- history of their own. On election day, a voluntarily separated from the mili- ful for the opportunity to work with record number of them simply threw tary. and serve our veterans and our Active up their hands, wondered what is the To prevent this injustice, I will soon Duty military and amazed at the in- point, and didn’t go to the polls. be introducing the Proudly Restoring It is easy to see why Americans are credible and still untapped potential of Officers of Prior Enlistment Retire- so tired of politics, to understand why our amazing democracy. ment, or PROPER, Act. The PROPER many of us don’t check in on election I want to say thank you to each of Act does not prevent further troop re- day; when our democracy needs us the my employees and thank you again to duction. It merely assures these sol- most, we check out. all the people of the 23rd District of diers and those affected, through each Polarization, discontent, dissatisfac- Texas, especially to those I have had military branch, can be made finan- tion, disappointment, dismay—all now the privilege of representing since I cially whole with due respect for their normal in the course of our public dis- first became a State legislator in 1991. service. I wish my successor well, and I offer course. Old-fashioned values like truth f and good manners and respect for oth- my prayers for all the Members of the ers’ views and appreciation are no 114th Congress. You are capable of IMMIGRATION REFORM longer in vogue. Candidates and office- doing great things for America when The SPEAKER pro tempore. The holders and super-PACs are shrill and you remember to put people and policy Chair recognizes the gentleman from mean—and yes, for some, the word ahead of partisanship and politics. Illinois (Mr. GUTIE´ RREZ) for 5 minutes. ´ would be even un-Christian—to one an- May God bless Texas, and may God Mr. GUTIERREZ. Mr. Speaker, as other. bless the United States of America. The New York Times said in an edi- Politicians distort truth and attempt f torial last week, there is an immigra- tion crisis looming next year, but it to stampede people with fear, and PROUDLY RESTORING OFFICERS many times our fears or our lack of has nothing to do with the border. OF PRIOR ENLISTMENT RETIRE- Rather, it is the huge effort that will faith win out. We fail to realize how MENT ACT really truly lucky we are as Ameri- be needed to fulfill the President’s ex- cans. The SPEAKER pro tempore. The ecutive actions and get millions—mil- Before chiding people for not meeting Chair recognizes the gentleman from lions—of American families out of their civic responsibilities, Congress as Pennsylvania (Mr. THOMPSON) for 5 harm’s way by protecting them from a body should reflect on whether it has minutes. deportation and destruction. been meeting its own responsibility be- Mr. THOMPSON of Pennsylvania. Sure, we are celebrating the series of cause even Congress complains about Mr. Speaker, I rise today to discuss the executive actions taken by the Presi- Congress, yet it does nothing to Proudly Restoring Officers of Prior En- dent, but we are also rolling up our change. Most Americans are some- listment Retirement, or PROPER, Act sleeves and getting to work. So I want where in the middle, but that is not legislation that I will be introducing to talk just a little bit about what we where Congress is. In our current sys- this week that will support America’s are doing in the city of Chicago and tem, super-PACs attack those Members involuntarily separated servicemem- what I am hoping my colleagues here who stake out middle grounds. bers. in Congress and my colleagues across The American people deserve better For the first time since the 1990s, the the country in community-based orga- than they are getting. Our country de- Army is shrinking. As our military nizations, the legal community, and serves better. Our future and our chil- continues to draw down in the Middle immigrant and Latino neighborhoods dren’s future is too important. Both East, all service branches have been in every State will do to help with get- Congress and our country must rise to tasked with making difficult force re- ting people ready to sign up when the the occasion and confront and conquer duction decisions. window to submit applications opens in our own internal paralysis. Patriotism Our All-Volunteer service has made 180 days and the government’s review must trump partisanship. considerable sacrifices, valiantly fight- of cases begins.

VerDate Sep 11 2014 00:39 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.002 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8935 This coming Saturday, the 13th, at United States and our immigrants who I also want to mention that my 9:30 in the morning I will be at Rebano have no other way to get in the system brother Dave, who is 10 years younger Church on the north side of Chicago, and on the books; but it cannot go as than me, also played football at La and more than 500 families have al- far and it does not replace the need for Salle, and he was a defensive back ready preregistered for an orientation. congressional action and legislation. there. We will go over what the President’s But let us all remember that, by the La Salle will always have a special announcement means for individual end of this week, the clock is going to place in my heart. I learned many of immigrants and their families. Then have run out on the best chance the life’s most important lessons in her those who have preregistered will have House has had in decades to address halls and on the football field. As a an opportunity for a one-on-one pre- immigration in a bipartisan and meas- matter of fact, my political career got liminary evaluation of their eligibility ured manner. The Senate did half the my start at La Salle when I was first from people we are calling family de- work by giving us more than a year to elected to student council there. fenders. craft a bipartisan answer to their pro- La Salle is a great school. I want to We are already scheduling follow-up posal, and we tried in many, many dif- thank the coaches and the teachers and events this month and into the new ferent ways to help this House rise to the staff and especially the parents year, and we will be ready to accommo- the occasion, to get out of the partisan who have made the sacrifices to pay date the huge demand for accurate and ditch we have dug for ourselves and to the tuition there to make it possible trustworthy information. put the country on a path to a safe, for their sons to receive a tremendous Mayor Rahm Emanuel has been my legal, orderly immigration system that education at La Salle. consistent and outstanding partner in protects the country and its people by Mr. Speaker, boxing legend Muham- the effort, and we are both committed welcoming its strivers and innovators mad Ali once said ‘‘Champions aren’t to making Chicago the model for the from around the world. made in the gyms. Champions are made In the end, the House was asleep at rest of the country; and for the advo- from something they have deep inside the switch and let the country down. cates, the legal community, the busi- But even as I work with people across them—a desire, a dream, and a vision.’’ ness community, the public sector, we the country to protect as many Amer- This season, the Lancers had the de- are all working together to make that ican families as possible, I pledge to sire to make every practice count and a reality. my colleagues in both parties in the play every game as if it were their last. That is right. New York. Listen up, most sincere way possible, please work They shared a dream that was strong L.A. Get ready, Miami, Houston, and with us to solve the immigration issue enough to overcome the many distrac- Dallas. We are going to work to protect so that we can move forward as a na- tions that high school kids often face as many families as we possibly can in tion. in today’s world, and their coaches the city of Chicago, and we are chal- gave them the vision that their hard f lenging you to keep up. work and sacrifice would pay off in the But it is not just the major immi- CELEBRATING LA SALLE HIGH end. grant gateway cities where we need to SCHOOL LANCERS Mr. Speaker, Lancers roll deep. This organize to protect American families. The SPEAKER pro tempore. The season illustrated that to the team, the As the President showed us yesterday, Chair recognizes the gentleman from school, and the community. Congratu- cities in the South like Nashville are Ohio (Mr. CHABOT) for 5 minutes. lations on a season well played and a leading the way to integrate and as- Mr. CHABOT. Mr. Speaker, I stand job well done. Go, Lancers. similate immigrant populations. The before you today a proud alumnus of f spirit of inclusion is of utmost impor- Cincinnati’s La Salle High School be- tance as we help families come for- cause, for the first time in the school’s CONCLUDING MY SERVICE IN ward, register with the government, 54-year history, the Lancers have won CONGRESS submit their paperwork and finger- the Ohio State football championship. The SPEAKER pro tempore. The prints, and get ready and into the sys- Last Friday evening the Lancers Chair recognizes the gentlewoman from tem. claimed the title with a 55–20 victory, Pennsylvania (Ms. SCHWARTZ) for 5 I have told my House colleagues that breaking the record for most points minutes. I plan to be on the road a lot at the ever scored in an Ohio Division II Ms. SCHWARTZ. Mr. Speaker, it has start of next year, traveling anywhere championship game. been my honor and privilege to serve in they need me to travel to help them La Salle’s offense was so strong this Congress for the past 10 years, rep- conduct outreach and educate immi- season that in each of their five playoff resenting the people of the 13th Con- grant communities where they live. games they averaged nearly 50 points. gressional District of Pennsylvania. But it is not just the blue districts Leading the offense was junior running As many of you know, my mother where we must support our immigrant back Jeremy Larkin, who ran over came to this country alone at the age communities and make sure they reg- 2,500 yards in just 15 games, scored 42 of 16, a refugee of the Holocaust. Amer- ister. It will be necessary in red dis- touchdowns, and is now a finalist for ica offered her safety, freedom, and op- tricts, too; States like South Carolina, the coveted Ohio Mr. Football Award. portunity. Her experience of fear and Arizona, and Alabama, States that b 1015 tragedy, resilience and hope inspired tried unsuccessfully to push their im- All season long, La Salle competed my commitment to public service, my migrant community farther under- with the best of the best, finishing with love of our country, and all it can be. ground. I will accept invitation from 14 wins and one nail-biting loss to the As I conclude my congressional serv- those States, too, to get the word out St. X Bombers, including victories over ice, I want to thank my family and and educate the community in what- such powerhouses as Moeller, Elder, friends who believed in me and sup- ever way I can. and Colerain High Schools. ported me, my constituents who trust- I can’t tell you how many people Mr. Speaker, as I mentioned, La ed me, the civic and elected leaders, ac- have come up to me and said: Congress- Salle is my alma mater. I graduated in tivists and advocates who gave voice to man, I don’t know if this will help my 1971 and played football all 4 years. I the wide array of concerns and causes, family, my dad, my mom, my neighbor, played on the defensive line. And in my and to my talented staff, who enabled or my parishioner, but I hope they will senior year, we won seven games, lost me to do all that we did. not still have to live in fear of deporta- one—coincidentally, to future Speaker I am proud of what we accomplished tion. JOHN BOEHNER’s Moeller High School, together, from the new parks and bike There are millions who will not be where he played football too, although paths along the north Delaware River able to come forward and sign up be- he had already graduated 3 years ear- in northeast Philadelphia to the revi- cause their cases cannot be reviewed lier—and we tied Elder 0–0 in the Pit talization of main streets in towns under the President’s guidelines. I tell and tied St. X’s 18–18. across Montgomery County. We made them that what the President has an- Mr. Speaker, I stand before you our streets safer, promoted economic nounced is bold, it is broad, and it is today a very proud alumnus of my high growth, and improved the lives of fami- extremely generous and helpful to the school. lies across the Philadelphia region.

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That is why night, including the gentleman from the FBI; and the funding of the 103- my first legislative initiative to be- Virginia, BOB GOODLATTE, to honor mile Metrorail system. come law addressed the needs of young him. But he said, ‘‘Absolutely not.’’ He led the way in obtaining about $1 men and women returning from Iraq That is the kind of guy he is. He never billion to extend Metrorail through and Afghanistan by offering incentives seeks any attention. But I am here Tysons and out to Dulles Airport and to employers to hire our newest vet- today. Tough. I am going to speak to Loudon County. He pushed for lower erans. about him. carpool restrictions on I–66 and has In the time since that first legisla- At home and overseas, FRANK WOLF, helped many commuters get to the tive victory, I have sought to embrace the William Wilberforce of the United Capitol and to Washington. He led ef- innovative ideas, to find common States House of Representatives, has forts to place Ronald Reagan Wash- ground, and to turn these ideas into ac- been an indefatigable defender of ington National and Washington Dulles tion. I successfully championed legisla- human rights and human dignity. Last International airports under a regional tion that is now law, including extend- week, WORLD magazine named FRANK authority, providing the capital to ing tax credits for energy-efficient WOLF the 2014 Daniel of the Year. build a new terminal at Reagan Na- commercial buildings, establishing in- Whether it be helping a young moth- tional and vastly expand Dulles. centives that changed the way physi- er in a refugee camp in Sudan or polit- He has been a leader in fighting with cians write prescriptions to reduce er- ical prisoners in Russia or jailed pas- great tenacity Lyme disease. He has rors and save lives, new tax credits and tors in China or any number of the fought to address hunger by creating grants to startup biotech companies, marginalized and persecuted, FRANK the Feds Feed Families food drive, and changes in Medicare to improve ac- WOLF has always sought to rescue and which has generated more than 15 mil- cess to primary care for our seniors. to protect. lion pounds of donated food. And in Ensuring all Americans have access FRANK WOLF is the author of the 2014, he put language into an omnibus to quality, affordable health care has landmark International Religious bill to create the National Commission been a priority for me throughout my Freedom Act of 1998, which established on Hunger. professional life, in both the private both an independent commission and a And one of the Nation’s newest na- sector and in elected office. I am proud State Department office led by an am- tional parks is in his 10th District, the of the role I played in the achievement bassador at large wholly dedicated to Cedar Creek and Belle Grove National of health coverage for all Americans safeguarding—via sanctions, if nec- Historic Park, established in 2002 and protecting and strengthening essary—religious freedom. through yet another one of FRANK’s Medicare and advancing access to care Mr. Speaker, I saw firsthand his de- laws. for women and for children, including votion to human rights in a myriad of Finally, let me make it clear: FRANK those with preexisting conditions. ways, including trips with FRANK to a WOLF’s departure from the House is Today, we see the benefits of this ef- prison camp in the Soviet Union, the only the end of his current place of fort, with millions of Americans who infamous Perm camp 35; a gulag in service to humanity and marks a new now have meaningful health coverage China, Beijing prison number 2, right beginning, a transition to the private for themselves and their families. after Tiananmen Square; Vukovar, a sector, where he will continue and even For this success and others, I want to city under military siege during the expand upon his extraordinary life’s express my appreciation to the other war in Yugoslavia; and Romania on be- work. Members of Congress on both sides of half of persecuted believers, just to f the aisle who enabled us to get things name a few. He has chaired the Tom TRIBUTE TO CONGRESSWOMAN done for the people we represent and Lantos Human Rights Commission MARCIA FUDGE for the Nation. I value the work that with great distinction. we did together, and I value your A man of deep Christian faith, FRANK The SPEAKER pro tempore. The friendship. WOLF not only passionately believes in Chair recognizes the gentleman from As the only woman in the Pennsyl- Jesus Christ but ‘‘walks’’ as St. Paul South Carolina (Mr. CLYBURN) for 5 vania delegation, I am proud that I had admonishes us, in a way worthy of his minutes. the opportunity to stand up for wom- calling. FRANK WOLF is a devoted fam- Mr. CLYBURN. Mr. Speaker, I rise en’s rights and for women to be leaders ily man. He, along with his wife, Caro- this morning to stand with my fellow in Pennsylvania and across our Nation. lyn, have five adult children and 16 members of the Congressional Black I am so honored to have served my grandchildren, all of whom are the ap- Caucus to pay tribute to the out- State and our Nation here in Congress. ples of his eye. standing leadership of our outgoing It is my hope that we, Democrats and In his district, FRANK WOLF has de- chair, MARCIA FUDGE of Ohio. Republicans, activists, and everyday livered as well. His casework is superb Chair FUDGE has done much more Americans can come together to con- and responsive; his staff reflects their than occupy a position in her time as tinue to seek ways to ensure safety and boss’ commitment to assist and to CBC chair. She has truly led this cau- security, prosperity and justice, hope solve problems big and small. cus at a time where it required active and opportunity for the people of our As chairman of several Appropria- leadership. great Nation, just as my mother would tions subcommittees over the years— It has often been said that Chair have hoped. including his latest assignment as FUDGE’s work ethic, problem-solving f chair of the Subcommittee on Com- approach, and coalition building has merce, Justice, Science—he has au- earned her the reputation as an in- HONORING CONGRESSMAN FRANK thored nine major appropriations laws, sightful leader, and over the past year, WOLF, INDEFATIGABLE DE- including five transportation statutes that leadership has been on display to FENDER OF HUMAN RIGHTS AND that funded major projects in his dis- an impressive degree. Her legislative HUMAN DIGNITY trict and throughout the Nation. priorities have included job creation, The SPEAKER pro tempore. The FRANK WOLF’s many other accom- protecting voting rights, health and Chair recognizes the gentleman from plishments include: His bipartisan nutrition, protecting Medicare and So- New Jersey (Mr. SMITH) for 5 minutes. Bring Jobs Back to America Act, de- cial Security, education, and housing. Mr. SMITH of New Jersey. Mr. signed to return manufacturing jobs to Chair FUDGE’S simple philosophy is Speaker, Chairman FRANK WOLF of Vir- the U.S. from countries like China; reflected in her daily pledge, ‘‘To do ginia will cast his last vote this week, raising awareness of the growing the people’s work.’’ That dedicated ap- capping off a remarkable 34-year career threat from cyber attacks; efforts to proach has enabled her to be an ex- of altruistic deeds, selfless service, bold address America’s unconscionable traordinary chair of the Congressional

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Black Caucus and keep faith with this Chairwoman FUDGE’s leadership and extraor- Illinois will never be the same with- historic role. dinary insight and energy in advocating for out Judy Baar Topinka, and America To some, they say we are the con- voting rights and for victims of excessive will never be the same without leaders science of the Congress. But I say, force. like her. under Chair FUDGE, we have been Chairwoman FUDGE has played an indispen- f much, much more because we have not sable role in preserving the CBC’s legacy as relied just on our conscience. We have the ‘‘Conscience of the Congress.’’ THE FAA’S REPORT ON THE RE- risen to levels of involvement not f SPONSE TO THE SABOTAGE AND achieved very often in this body. MOURNING THE LOSS OF JUDY FIRE AT CHICAGO CENTER On a personal note, it has been my BAAR TOPINKA, ILLINOIS STATE pleasure to witness the growth and ma- The SPEAKER pro tempore. The COMPTROLLER turity of a leader I am proud to call Chair recognizes the gentleman from not only my chair but my close per- The SPEAKER pro tempore. The Illinois (Mr. FOSTER) for 5 minutes. sonal friend as well. And I do not mean Chair recognizes the gentleman from Mr. FOSTER. Mr. Speaker, it is far that in the way that we often use that Illinois (RODNEY DAVIS) for 5 minutes. too common for Members of Congress word on this floor. She is a close per- Mr. RODNEY DAVIS of Illinois. Mr. to come to the floor of this Chamber to sonal friend. Speaker, today, my home State of Illi- weave their narrative of incompetent Mr. Speaker, as you see here, we nois mourns the loss of a great friend Federal bureaucracies, lazy and unre- come from various backgrounds and ex- and a great leader, our State comp- sponsive members of the unionized periences. I am from South Carolina; troller, Judy Baar Topinka. Federal workforce, and greedy and irre- our chairlady is from Ohio. We have I awoke this morning to my phone sponsible Federal contractors. I rise had a different set of experiences, buzzing incessantly, and I was sad to today to tell a very different story. which means that we will not always pick up that phone and hear the news On September 26, 2014, commercial see things the same way. But what has that my friend passed away unexpect- flights in nearly every airport around made her an effective leader is the fact edly early this morning. Illinois has this country were delayed or canceled that she can look to the west, to Ms. lost a great leader. after the Chicago Air Route Traffic Control Center, also known as Chicago BARBARA LEE, look south to Ms. JACK- Judy was somebody who was an insti- Center, in Aurora, Illinois, was dis- SON LEE, go down to Texas to Ms. tution in Republican politics in my abled in an act of sabotage by a dis- EDDIE BERNICE JOHNSON, over to Ala- home State. She was the most gregar- bama, and bring all of these experi- ious politician I have ever met in my turbed individual. ences together and form a cohesive ap- life. Judy was somebody who made ev- A fire destroyed the communications proach. eryone feel at ease walking through equipment that processes flight plan I am proud to call her my leader and the State capitol in Illinois. I am proud data and enabled air traffic controllers proud to call her my personal friend. to represent that State capitol now in at the facility to communicate with pi- I yield to the gentleman from Detroit Springfield, and it is going to be a sad lots in the 91,000 square miles of air- (Mr. CONYERS), the dean of the Con- day to walk into that capitol and not space for which they are responsible. gressional Black Caucus who, come see Judy. This could have led to a tragic loss of January 6, will be the dean of the en- Mr. Speaker, Judy was somebody life. However, due to the efforts of con- tire United States Congress. who knew no strangers. If she met you, trollers at Chicago Center and adjacent Mr. CONYERS. Mr. Speaker, I feel, as whether you were standing out in front air traffic control facilities, all planes all of us do, that we rise today to honor of the capitol building guarding the in the air when Chicago Center lost an accomplished public servant, an ef- door or if you were the Governor of the communications were landed safely. fective problem-solver, and a tireless State of Illinois, she treated you the Nearly 200 of the controllers at Chi- advocate for our society’s most vulner- exact same way. cago Center then traveled to 12 air able, Congresswoman MARCIA FUDGE of She is somebody who inspired me to traffic control towers and terminal Ohio. get into this arena of public service. As radar approach controls throughout a young candidate for State represent- the Midwest to help direct air traffic. b 1030 ative in 1996, I had the opportunity to At the same time, technicians, me- As she concludes her tenure as chair- have many people tell me that I chanics, and electricians were working woman of the Congressional Black Cau- shouldn’t run, but I had Judy Baar around the clock to replace damaged cus, she makes us all obligated to share Topinka to thank for encouraging me equipment and restore the Chicago our deep appreciation for her courage to go for it. I lost that race, but I made Center facilities. and her thoughtfulness. so many friends like Judy. In total, they replaced 10 miles of Since taking office 6 years ago, Con- Judy came to my hometown of cable, dozens of racks of computers, gresswoman FUDGE has been a national Taylorville to do some campaign and 835 communication circuits to re- leader in the fight for job creation, the events with me one day. It was sum- store the center’s voice communica- safety net, access to health care, and mer. It was a long day of events, and tions, radar flight planning, and weath- quality nutrition, and she has been Judy went to my house to lay down er capabilities. able to motivate some 43 other Mem- and rest for a bit. I had a 1-year-old As a scientist who has installed giant bers of the Congressional Black Caucus Boston terrier bulldog who decided experiments and accelerators on tight in supporting these issues that have that he really liked Judy. time scales, I respect what they have made her so outstanding. He jumped up on that couch and accomplished. Professional restoration It is fortuitous that she came to lead started kissing her in the only way crews also removed fire, soot, smoke, the Congressional Black Caucus at a that my dog knew how. He went right and water damage from the affected time of unprecedented attacks on the to her face. Instead of helping Judy, we areas, and all of this was accomplished Nation’s nutrition-support systems took pictures. Since that day, every in just over 2 weeks. that are essential for saving lives and single time I have seen Judy Baar Mr. Speaker, despite significant chal- eliminating the opportunity gap. Topinka, she asks me about that dog. lenges, Chicago airports were able to She has been unwavering and unstinting in In 2012, when my dog Bruiser passed operate at more than 90 percent capac- her defense of people who rely on Supple- away, Judy was actually sad when I ity within days of the fire. One week mental Nutrition Assistance Program or broke the news. after the fire, Administrator Huerta SNAP—as well as child nutrition and school Illinois is going to lose not just my visited Chicago Center with me and my feeding programs—for survival. There’s no friend, but we lose our comptroller who colleagues in the Senate to assess the better way to reduce inequality than to ensure was just reelected. Illinois mourns the progress of the restoration. that children have access to the nutrition they loss of Judy, and I stand here today— While it was clear that the damage need to prosper. with no intention of coming to the had been extensive, I drew confidence As the Senior Member of the Judiciary House floor—to talk about my friend. I from what I saw. Everyone understood Committee, I am also extremely grateful for mourn the loss of my friend. what they needed to do for the sake of

VerDate Sep 11 2014 01:32 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.006 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8938 CONGRESSIONAL RECORD — HOUSE December 10, 2014 the traveling public. They set an ag- THE OPEN ACT AMERICA’S BRIGHT ECONOMIC gressive schedule for repairs, and they FUTURE The SPEAKER pro tempore. The kept it. Chair recognizes the gentleman from The SPEAKER pro tempore. The The air traffic controllers, FAA em- Florida (Mr. BILIRAKIS) for 5 minutes. Chair recognizes the gentlewoman from ployees, and contractors who responded Illinois (Ms. KELLY) for 5 minutes. to this crisis performed admirably and Mr. BILIRAKIS. Mr. Speaker, I rise today to talk about the 30 million Ms. KELLY of Illinois. Mr. Speaker, I deserve our sincere thanks and appre- rise today to take note of the historic ciation. Under difficult circumstances, Americans who suffer from a rare dis- ease. One in ten, Mr. Speaker, 10 per- gains our economy made last month. members of the National Air Traffic With the recent addition of 314,000 new Controllers Association from through- cent of the country suffers from a rare disease. jobs, unemployment under 6 percent, out the Midwest rose to the challenge and the best single-year job creation Over 95 percent of these diseases have and kept the flying public safe. Within since the 1990s, our economic future no treatments because each rare dis- 4 days of the fire, O’Hare Airport re- looks bright, but we still have work to ease impacts a small number of pa- gained its title as the busiest airport in create a better economic future for tients. That is why I introduced the the world. American families. OPEN Act, the Orphan Product Exten- I would like to say a special thank I recently held my second annual hir- sions Now Accelerating Cures and you to Toby Hauck, the Chicago Center ing event where 400 jobseekers met Treatments. NATCA Facility Representative; Gerry with 75 employers looking to hire. I Waloszyk, the Chicago Center PASS fa- My bill has the potential to help mil- also hosted five job search boot camps cility Representative; Bill Cound, the lions of people, and the idea was born where we taught jobseekers interview Chicago Center Air Traffic Manager; from an event in my district. Over the skills, how to prepare a resume, and Mike Paulsen, the Chicago Center summer, I held two 21st Century Cures strategies to successfully navigate hir- Technical Operations Group Manager; roundtables in my district. The 21st ing events. and everyone else who worked to re- Century Cures is a bipartisan initiative My district is home to many innova- store Chicago Center. Because of all of to examine and improve the discovery- tive centers that will serve as engines you, by October 13, repairs were com- development-delivery cycle. in driving America’s economy. I re- pleted, and Chicago Center returned to Treatments for patients suffering cently visited job training facilities full capacity. from chronic and rare diseases, wheth- like the Kankakee Area Career Center Mr. Speaker, important lessons have er it is from medical devices or medi- and the Canadian National job training been learned, that the fire that crip- cine, must be discovered on the ground center which are preparing people for pled Chicago Center not only affected level through basic science; developed careers in trades and transportation. flights departing and arriving in the into a practical, usable, and market- Midwest, but also those flying through able product; and delivered to the pa- b 1045 Chicago’s airspace to reach their des- tients so that the treatment may be ef- With centers like these and workers tinations. fectively utilized. like the ones we have in Illinois, I am Between Friday and Sunday, more Mr. Speaker, the first roundtable fea- optimistic about America’s continued than 3,000 flights were canceled at tured patients and patient advocates. economic recovery. I look forward to O’Hare alone. The estimated cost to From some of those patients, I heard working with my colleagues to con- the airlines has been reported to be about the importance of repurposing tinue growing jobs here at home. more than $350 million in total. How- drugs. This led to the introduction of Lastly, I want to acknowledge two ever, what made this crisis unique the OPEN Act. My bill will leverage women. The first we have heard about wasn’t the number of delays or can- the free market to incentivize drugs to already, the gentlewoman from Ohio celled flights. It was that just one per- be repurposed to treat rare diseases (Ms. FUDGE), the great leader of the son was able to disrupt the travel plans and pediatric cancers. CBC. MARCIA has taken the CBC to an- of so many thousands of people. Repurposing drugs has a twofold ben- other level. Also, MARCIA has taken a The systems that protect the flying efit. First, the OPEN Act has the po- special election freshman like me and public must be made more robust. Al- tential to result in new treatments for helped me make it through my first though the fundamental redundancy individuals with rare diseases. As I session. had been built into the system—the mentioned, the vast majority of indi- MARCIA, I want to thank you for the ability for nearby radar systems to see viduals suffering from rare diseases faith you have in me for asking me to into the Chicago airspace—the FAA don’t have treatments, let alone cures; become the next CBC Health Care must and is improving contingency yet I hear often about individuals with Brain Trust chair. I thank you and I plans to restore service much faster rare diseases who will take medication salute you. The CBC is not only fortu- than it was able to do. that has not been tested for their con- nate to have you, the Deltas are, the In the long term, the best way to en- dition. Links are, Congress is, and the great sure the safety and reliability of the State of Ohio. Thank you so much. National Airspace System is to facili- The OPEN Act incentivizes the test- Lastly, like my colleague Represent- ing of mainstream drugs on rare dis- tate the transition to the NextGen air ative RODNEY DAVIS, I want to ac- traffic transportation system. eases. This bill opens the door for new knowledge the passing of Illinois’ Mr. Speaker, currently, the ground- treatments. The OPEN Act can also comptroller, Judy Baar Topinka. Judy based radar system is the foundation of create a new surge in biotechnology was a true public servant who com- the National Airspace System. jobs and investments. Creating jobs bined service and fun. She definitely NextGen will rely on GPS satellites and helping the sick are laudable goals, made her mark in Illinois serving as that are more accurate than ground- Mr. Speaker. My bill takes a step to- the first female treasurer, the head of based radar. It will also include a tran- ward accomplishing that. the Republican Party, and then as sition from radio voice communica- This bill can help millions of people. comptroller. Judy had a special way of tions to a digital network that is simi- It will ensure repurposed medications relating with all people. My thoughts lar to the mobile phone service. This are safe and effective for rare condi- and prayers are with Judy’s family, transition to NextGen will enable air tions and can be reimbursed through friends, and staff. insurance coverage—so important. This traffic controllers to reestablish air f traffic control services much more is a bipartisan piece of legislation quickly after this type of disaster. which I introduced with my colleagues, THE CONSTITUTIONAL CRISIS Mr. Speaker, I urge my colleagues to Mr. BUTTERFIELD, Mr. MCCAUL, and Mr. The SPEAKER pro tempore. The join me in commending the FAA’s re- HASTINGS. Chair recognizes the gentleman from sponse team on a job well done and to Helping those with rare diseases is a California (Mr. MCCLINTOCK) for 5 min- support the President’s request for full cause worth supporting, and I am utes. funding for implementing NextGen in proud to have introduced the OPEN Mr. MCCLINTOCK. Mr. Speaker, the the 114th Congress. Act. constitutional issues involving the

VerDate Sep 11 2014 00:39 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.008 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8939 President’s executive orders on am- the Constitution. Now it must be called was elected to the House of Represent- nesty far transcend the issue of illegal upon to invalidate an executive act atives in 2008. Since that time, I have immigration. The President’s action that strikes at the very core of our watched her thrive as a fearless leader strikes at the very heart of our separa- Constitution. Regardless of the on Capitol Hill, not only for her con- tion of powers. The Constitution re- ideologies of individual Justices, I can- stituents of Ohio’s 11th District, but serves to Congress alone the power to not believe that any of them would sit for African Americans and other under- enact and alter law, and it charges the idly by as the Executive seizes such represented citizens all over the coun- President with the responsibility to fundamental powers from the legisla- try and internationally. As chair of the faithfully execute those laws. tive branch. Congressional Black Caucus, Rep- If the President can seize legislative On behalf of the House, the Speaker resentative FUDGE is only the seventh power in this manner and then boast to announced last month that we would woman to serve in this capacity, and an audience that he, himself, has fight this act tooth and nail. To ad- she has been groundbreaking in her changed the law, then the separation of journ tomorrow, having taken only a fight to tackle difficult issues facing powers becomes meaningless, and our symbolic vote, while abandoning our underrepresented communities of color constitutional Republic will have actual powers to challenge this act un- during her 2-year term as chair. crossed a very bright line that sepa- dermines the credibility of the House Mr. Speaker, under Representative rates a nation of laws from the un- majority. FUDGE’s leadership, the Congressional happy societies where rulers boast that Elements on the extreme left argue Black Caucus has continued to be the the ‘‘law is in their mouths.’’ that this act was justified due to con- conscience of Congress, working tire- If this precedent stands, every suc- gressional inaction over immigration lessly to steer good policy to the fore- ceeding President, Republican and reform. They fault the House for not front. Over these past 2 years, Rep- Democrat, will cite it as authority to adopting a Senate immigration meas- resentative FUDGE, in her role as chair, make or alter law by decree. This can- ure, but they forget the House passed a has faithfully represented the under- not be allowed to happen. strong immigration bill this summer represented voices as they pertain to The question occurs: What can the and the Senate refused to consider it. job creation, education, health care, House do? Since when has congressional dis- national security, and a host of other Well, it took its first step last week agreement over legislation been license pressing issues. Her intricate policy by passing H.R. 5759 that declares the for the President to legislate himself? knowledge, political savvy, and ability President’s action unconstitutional This argument abandons the Constitu- to build coalitions have been of tre- and null and void. This was a symbolic tion and the rule of law for the expedi- mendous value to the Congressional act since the bill is subject to Presi- ency of one-man rule. We should recog- Black Caucus and to the Nation. dential veto, but it was a warning that nize such arguments for what they are: I can speak on behalf of all of my col- the President should have heeded. Ob- the authoritarianism of the extreme leagues—and you have just witnessed viously, he has not. left. We should reject these arguments them here present in the Chamber—in What else can the Congress do? and those who make them. saying that we will sorely miss her One of the fundamental checks held Mr. Speaker, the Roman Republic leadership, and we thank her for her by Congress is the power of appropria- died when Julius Caesar seized the leg- service as chair. I am confident that tion. It can close the purse by forbid- islative authority of the Roman Sen- Ms. FUDGE will continue to serve self- ding the use of Federal funds to pro- ate. Repeated acts of usurpation went lessly and devote her time and talents ceed with this unconstitutional act. unchallenged until the constitutional to the CBC and its goals, and I look I realize that is a very difficult thing structure of the Republic simply dis- forward to continuing our important to do with a dysfunctional Senate, but integrated. work together because it is far from a temporary funding measure into Jan- Let that not be the epitaph of the being over. uary or February would protect us American Republic. Of this crisis, let f against the prospect of a government history record that men and women of shutdown while we try to engage the good will on both sides of the aisle RELATIONSHIP BETWEEN POLICE Senate to rise in defense of the Con- joined together to defend the Constitu- DEPARTMENTS AND COMMUNITIES stitution. And if the Democratic Sen- tion that they swore to uphold, and The SPEAKER pro tempore. The ate will not defend our Constitution, that this generation passed that Con- Chair recognizes the gentlewoman from and I am afraid that is a strong possi- stitution and all of the freedoms it has Ohio (Ms. FUDGE) for 5 minutes. bility, a few weeks from now the Re- preserved, intact and inviolate, to the Ms. FUDGE. Mr. Speaker, let me just publican Senate certainly will. many generations of Americans who thank my colleagues. Certainly, it has Why in the world would we want to followed. been a high honor to serve as chair of lock in Federal spending through next f the Congressional Black Caucus, and I September that reflects the priorities will express that later on today at our of the Democratic Senate that voters TRIBUTE TO CONGRESSWOMAN meeting. just thoroughly repudiated last month? MARCIA FUDGE Mr. Speaker, I rise today to address Why in the world would we want to so The SPEAKER pro tempore. The the recent tragedies that have occurred greatly weaken our position to insist Chair recognizes the gentlewoman from in my hometown of Cleveland, Ohio, on the complete defunding of the Presi- Texas (Ms. EDDIE BERNICE JOHNSON) for but also the positive change that can dent’s unconstitutional act in the next 5 minutes. come out of these tragedies. congressional session just 3 weeks Ms. EDDIE BERNICE JOHNSON of In November 2012, Malissa Williams hence? Texas. Mr. Speaker, I stand here this and Timothy Russell lost their lives Meanwhile, it is imperative that the morning as a proud American and following a high-speed chase involving House take every action available to proud of this Republic which elected more than 60 police vehicles. Cleveland engage the Supreme Court to resolve the first African American President 6 police officers fired 137 rounds into this constitutional crisis. Several years ago, and reelected him 2 years their vehicle. The pair were unarmed. States have already filed suit, and the ago by an overwhelming vote. I immediately wrote to the Depart- House needs to join them. In addition, I rise today to celebrate my out- ment of Justice seeking an independent the House needs to vote as an institu- standing colleague and dear friend, review and investigation surrounding tion to challenge this act directly. This Representative MARCIA FUDGE, on the the circumstances that led to this use is too important to be treated as an completion of her term as the 23rd of deadly force by law enforcement. afterthought on current litigation over chair of the Congressional Black Cau- Following the death of Michael ObamaCare. It needs to be voted on cus. Brown and the unrest that followed, I separately, unequivocally, and now. I have had the honor and privilege of again wrote to the Department of Jus- Since the earliest days of our Repub- working along with Representative tice in August 2014 asking for action. lic, the Supreme Court has invalidated FUDGE on the Science, Space, and While waiting on the results of the De- legislative acts that conflicted with Technology Committee when she first partment of Justice investigation,

VerDate Sep 11 2014 00:39 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.010 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8940 CONGRESSIONAL RECORD — HOUSE December 10, 2014 tragedy again struck my district on portant to raise the question of where Shirley Chisholm, who came to the Ag- November 22, 2014, when a 12-year-old is the objectivity. riculture Committee. People wondered boy, Tamir Rice, was shot dead by a The continuing resolution is to fund what she would do there. But she un- Cleveland police officer in a park out- the Nation’s homeland security. That derstood, as a local elected official, side the Cudell Recreation Center. means that we are saying to those who that food stamps were not a handout, While my heart is still heavy, I be- just lost their lives in Yemen, to the they were a hand-up. I thank her for lieve some good will rise from the Americans who have been seen being that. ashes of this tragedy. beheaded by ISIL, to Boko Haram, al And then to lay a marker for the On Thursday, December 4, Attorney Shabaab, to al Qaeda, and many other issues of all Members, her under- General Eric Holder announced the De- franchise terrorists that America will standing of the energy industry, par- partment of Justice had concluded its stand bare and unprepared, that her ticularly in States like Louisiana and review and found that the Cleveland national security will be in jeopardy. Texas, where she encouraged Members Division of Police had exhibited sys- Mr. Speaker, it is crucial that we speak to introduce the energy industry to the temic deficiencies and engaged in a against a continuing resolution that Congressional Black Caucus in terms of pattern of excessive force. The city of funds homeland security partially. giving information. That is what we Cleveland is committed to righting Let me also say that I believe in this are: we learn, we get information. these wrongs through a court-enforced great Nation. I believe in the Constitu- And then, of course, her commitment consent decree. tion, and I fully realize that the execu- to having an international presence, The DOJ’s announcement in Cleve- tive order that was issued by the Presi- that people would know that the Con- land last week is an encouraging first dent dealing with the humanitarian re- gressional Black Caucus cares about step to tackling the systemic issues lief and the discretion by agencies, the international community. That is that are plaguing our communities. prosecutorial discretion, is within the an important step. However, let us not for one second context of his authority under article As we move forward in 2015, I wish think our work is done. The use of ex- II. the incoming chair much success. I cessive force, particularly when it b 1100 think it is extremely important that comes to minority communities, is not we say thanks where appreciation is a concern unique to Cleveland. The I am fully aware that the President’s due, and I want to say, ‘‘Thank you.’’ deaths of Michael Brown and Eric Gar- executive order was well vetted by con- Many people claim friendship, but I ner are tragic reminders that this is a stitutional specialists, White House will say to you, Chairwoman FUDGE, national concern. counsel, and the Department of Jus- you have now gotten 40-plus new The killing of men of color by those tice, objectively looking as to whether friends to your portfolio, and we will sworn to protect and serve must stay or not the President was making new claim you as a friend because, as we foremost in our minds until it stops. law. In this executive order on immi- worked together in this last Congress, I am encouraged by the young people gration, no immigration status was as we worked with the United States who have taken to the streets to pro- conferred, no citizenship was conferred. President, President Barack Obama, as test peacefully. They have finally The only thing that was determined in we worked with the Senate, as we found something that has energized those executive orders is prosecutorial worked with Federal agencies, as we them to be active and vocal about the discretion on deporting individuals and worked with our community, you be- change they seek. I urge them to con- deferring deportation. came a friend to us. I will tell you, Mr. Speaker, that the tinue to let their voices be heard to f keep up the drumbeat for justice. response is extreme. Not funding Having worked in the criminal jus- Homeland Security is extreme. I join TRIBUTE TO CONGRESSWOMAN tice system for many years, I under- with Secretary Johnson in standing MARCIA FUDGE stand more than most that police have against this discriminatory practice on The SPEAKER pro tempore. The a very difficult and dangerous job and an agency that is crucial to the secu- Chair recognizes the gentlewoman from deserve our respect and our thanks. rity of airports and ports and the bor- North Carolina (Ms. ADAMS) for 5 min- Each day our police officers put their ders and protecting the American peo- utes. lives on the line to protect and serve, ple. Ms. ADAMS. Mr. Speaker, I rise and they should be commended for the As I ask for a reconsideration, it al- today to honor my friend and col- work they do. Yet we cannot ignore lows me to speak of a lady who rep- league, a distinguished congresswoman that there exists a feeling of distrust of resents the best of the Constitution, with a sweet name, MARCIA FUDGE, as police in many communities across the and that is Chairwoman FUDGE, who her tenure as chair of the Congres- country. This must end today. A new understood the quality of all and the sional Black Caucus ends. era, an era of peace and collaborative importance of guiding this caucus, the First of all, I want to thank MARCIA community involvement, must begin Congressional Black Caucus, around FUDGE for welcoming me to Capitol now. the issues of justice. Let me thank her Hill, for being such a good friend and f for the considerations made during mentor. In my short time in Congress, tragedies like Trayvon Martin, as we she has been an invaluable resource to ENSURING GOVERNANCE OF THE began with briefings and involvement me, and I truly appreciate that. NATION in that case, and looked to support As a servant of the people, I have The SPEAKER pro tempore. The members of the Congressional Black long admired her as a woman for not Chair recognizes the gentlewoman from Caucus who were fighting in their dis- just talking the talk, but for walking Texas (Ms. JACKSON LEE) for 5 minutes. tricts to bring about justice; her con- it, too. Ms. JACKSON LEE. Mr. Speaker, it tinued support of Members when the Secondly, I want to thank MARCIA is my privilege as well to come to the tragedies of Michael Brown and Eric FUDGE for her phenomenal leadership. floor of the House and pay tribute to Garner occurred, and many other inci- She has successfully guided the Con- our outgoing chair of the Congressional dents; her balance, as we all have, re- gressional Black Caucus in promoting Black Caucus. specting and appreciating the service some of the most pressing issues and Before I do that, however, I believe it of law enforcement officers, including concerns of the people in our commu- is important to say to this body that those whom we oversee on the Judici- nities. She has been the collective our charge and responsibility is to en- ary Committee: the DEA, the FBI, the voice of the caucus, bringing light to sure the governance of this Nation. As ATF, and many others, but recognizing necessary issues of social and economic the appropriations omnibus unfolded, I that the Constitution, as she so under- justice. believe the continuing resolution that stands it, must be a document for all. As we have seen with the recent has been put forward is evidence of the Let me, particularly, thank Chair- events in the Michael Brown and Eric nonresponsibility and the nonthought woman FUDGE for her dedicated com- Garner cases, it is absolutely critical of those who have the obligation to mitment to the nutrition of children that we have a strong and collective govern this Nation. I believe it is im- across America. She is almost like voice to shed light on these injustices

VerDate Sep 11 2014 00:39 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.011 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8941 and to make positive change in our palities, counties, police departments— We must come together for our chil- communities. the constabulary, if you will—with dren, for our families, and, yes, we She has certainly put the caucus on a cameras. Then it would go on to re- must also stand up for justice that solid foundation, which I know my quire those that can afford it to have meets the standards of the values of North Carolina colleague, G.K. the cameras, and those that cannot, it this Nation. BUTTERFIELD, will continue. provides an exemption to them. Today, I join my colleagues of the On behalf of the residents of North H.R. 5407 is good legislation. It is not Congressional Black Caucus to thank Carolina’s 12th Congressional District, a panacea; it won’t cure all. For those another woman, our Rosa Parks, our I salute Congresswoman MARCIA FUDGE who are concerned about the camera Sojourner Truth—Congresswoman on her great leadership as chair of the not being enough to cause a proper de- MARCIA FUDGE, for being the seventh Congressional Black Caucus, and I say, cision to be reached before a grand woman to be the president and the ‘‘Thank you, thank you, thank you.’’ jury, it may not be, but it sure does leader of the Congressional Black Cau- f provide the opportunity to galvanize cus. the country around the notion that To you, Congresswoman FUDGE, to H.R. 5407 DESERVES A HEARING something needs to be done. It is not a you, Mr. Speaker, I say, thank you for The SPEAKER pro tempore. The panacea, not a cure-all, but it does the Congressional Black Caucus Chair recognizes the gentleman from present an opportunity for officers to through her leadership being more Texas (Mr. AL GREEN) for 5 minutes. be exonerated. than the conscience of the Congress, Mr. AL GREEN of Texas. Mr. Speak- H.R. 5407 would do more to help offi- but for being scholarly, for standing up er, I would like to say without reserva- cers than anything out there right now for justice, for daring to be different, tion, hesitation, or equivocation, I that I can see, because it gives the evi- and, also, for understanding agri- have preeminent respect for the con- dence of what actually occurred at an culture, the judiciary system. You see, stabulary. I have a relative who was a event, it can cause officers not to be she is not only a Member of Congress, part of the constabulary. I believe that questioned about what they did, and it she has served as a mayor, she has police officers have a very difficult job, will cause those who would perpetrate served as a judge, she is a prominent and they do it under stressful cir- dastardly deeds and fraudulent cir- lawyer. But, more important than all cumstances, and I believe that most cumstances upon officers to be prop- of these, she is a crusader for children, police officers are doing a good job erly prosecuted. she is a crusader for the least of us, and every day. H.R. 5407 is a bill that is before the she understands relationships and part- I also want to say that there are House and has a good many supporters nerships, and working far beyond the many people without the constabulary, right now, more than 40. CBC. She reaches across both sides of however, who would have us get over I believe that H.R. 5407 deserves a the aisle because, at the end of the day, Michael Brown, get over Eric Garner, hearing. I make an appeal, I beseech, she really realizes the fight is not get on with it. And then there are and I implore my colleagues, who have about one of us, the fight is for all of those who say in the alternative—not the preeminent authority to make a us. decision as to whether it moves for- in these exact words but with words f connoting this—they say, if you can’t ward, to please give H.R. 5407 an oppor- get over Garner, get over Brown, be- tunity to be heard. This is not an ap- b 1115 cause Garner is a better case for you to peal from one Congressperson; this is CONDEMNING ANTI-SEMITISM take to the court of public opinion. an appeal from those who are con- cerned about proper policing. The SPEAKER pro tempore. The To these people I say, we can’t get Chair recognizes the gentleman from f over Garner and we can’t get over Florida (Mr. MURPHY) for 5 minutes. Brown, because if the truth be told, TRIBUTE TO CONGRESSWOMAN Mr. MURPHY of Florida. Mr. Speak- Garner and Brown are two sides of the MARCIA FUDGE er, a few months ago, I stood here on same coin, two sides of one coin. If the The SPEAKER pro tempore. The the House floor to speak out against truth be told, without the eye of the Chair recognizes the gentlewoman from the troubling surge in global anti-Se- camera, without what appears to be Ohio (Mrs. BEATTY) for 5 minutes. mitic demonstrations that followed the clear and convincing evidence, without Mrs. BEATTY. Mr. Speaker, I come latest confrontation between Israel and what appears to be evidence that is be- today unscripted to speak to you about Hamas terrorists. Crimes ranged from yond reproach, without the eye of the a lady that made a difference in the the desecration of synagogues and camera, Garner would be Brown. The lives of this Nation. Fifty-nine years other Jewish institutions and busi- Garner case is only what it is because ago, one week ago, Rosa Parks refused nesses, to murders and acts of violence the camera was there to capture the es- to give up her seat so she could make and terrorism against Jews. sence of what happened. a stand for civil rights and justice. She At that time, I had just led a bipar- If the truth be told, without the cam- said she was only tired of giving in. tisan coalition of over 70 Members of era, there would be questions about That day, her remaining in her seat, Congress in speaking out against the how Garner was arrested, there would made a difference for a person like me, rise in anti-Semitism and calling on be questions about how he was taken to a young girl in 1955, who vowed to the United States to continue to be a the ground, there would be questions make a difference because this woman, global leader in combating such acts of about whether he made comments known as the ‘‘Mother of the Modern hatred wherever they occur. The about his inability to breathe. How Civil Rights Movement,’’ took a stand. United States must lead by example many times did he say, ‘‘I can’t In the Third Congressional District which is why I am proud this body has breathe?’’ There would be questions last week, Governor Bob Taft, the Cen- continued to condemn anti-Semitism about whether or not he made some ef- tral Ohio Transit Authority, my Third and support efforts to combat such ac- fort to harm some officer. There would Congressional District, and the Ohio tions. be questions about whether the guns State University stood together and With little agreement between the were somehow at risk of being taken hosted hundreds of individuals to talk parties and Congress currently, I have from an officer. about redefining our communities, been proud to see continual bipartisan If the truth be told, without the eye standing up for justice. cooperation on this issue that not only of the camera, Garner would be Brown. I am proud that Congressman impacts Jews, but all ethnic, religious, This is why, Mr. Speaker, I have HAKEEM JEFFRIES joined a panel with and minority groups; unfortunately, made an appeal to this House to bring other scholars like Sharon Davies and with anti-Semitic violence and incite- H.R. 5407 to the floor. Let it go to a Curtis Austin as we talked about mov- ment continuing to increase dramati- hearing. H.R. 5407 is the TIP Act, the ing forward, as we talked about moving cally, leading by example is not Transparency in Policing Act. H.R. 5407 forward from the Trayvon Martins, enough. would accord the Justice Department from the Michael Browns, from the That is why I have joined with my the opportunity to do a survey and as- Eric Garners, and the list goes on, good friends, the gentlemen from Flor- certain the cost of equipping munici- across this Nation. ida, Mr. DEUTCH and Mr. DIAZ-BALART,

VerDate Sep 11 2014 01:28 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.012 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8942 CONGRESSIONAL RECORD — HOUSE December 10, 2014 and the gentleman from Ohio (Mr. OFFICE OF THE CLERK, Mr. WILSON of South Carolina. Mr. JOHNSON) in leading over 80 of our col- U.S. HOUSE OF REPRESENTATIVES, Speaker, pursuant to clause 1, rule I, I leagues from both sides of the aisle to Washington, DC, December 10, 2014. demand a vote on agreeing to the urge the United Nations to take deci- Hon. JOHN A. BOEHNER, Speaker’s approval of the Journal. The Speaker, U.S. Capitol, sive action against anti-Semitic at- House of Representatives, Washington, DC. The SPEAKER. The question is on tacks globally. DEAR MR. SPEAKER: Pursuant to the per- the Speaker’s approval of the Journal. It is beyond troubling that across the mission granted in Clause 2(h) of Rule II of The question was taken; and the world we are seeing anti-Semitic rhet- the Rules of the U.S. House of Representa- Speaker announced that the ayes ap- oric being circulated widely on tele- tives, the Clerk received the following mes- peared to have it. vision, radio, and the Internet and that sage from the Secretary of the Senate on De- Mr. WILSON of South Carolina. Mr. there are even national political par- cember 10, 2014 at 9:39 a.m.: Speaker, on that I demand the yeas ties that openly espouse racist views. That the Senate passed S. 1474. and nays. That the Senate passed without amend- Even more troubling is that these hate- ment H.R. 1067. The yeas and nays were ordered. ful actions are taking place in many of That the Senate passed without amend- The SPEAKER. Pursuant to clause 8, our fellow member states at the U.N. ment H.R. 4199. rule XX, further proceedings on this The United Nations must join the That the Senate passed with an amend- question will be postponed. United States in taking actions to en- ment H.R. 4681. f courage member states to become glob- That the Senate passed with amendments al partners in combating anti-Semi- H. Con. Res. 107. PLEDGE OF ALLEGIANCE tism, which poses a severe threat to With best wishes, I am The SPEAKER. Will the gentleman Sincerely, from Colorado (Mr. PERLMUTTER) come international peace and security. The KAREN L. HAAS. U.N. can stem the surge of anti-Semi- forward and lead the House in the tism through a variety of methods, in- f Pledge of Allegiance. cluding raising awareness of the global RECESS Mr. PERLMUTTER led the Pledge of prevalence of anti-Semitic attitudes. The SPEAKER pro tempore. Pursu- Allegiance as follows: The U.N. should urge the adoption, ant to clause 12(a) of rule I, the Chair I pledge allegiance to the Flag of the implementation, and enforcement of declares the House in recess until noon United States of America, and to the Repub- strong hate crime laws. Hate crime today. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. laws demonstrate that a society will Accordingly (at 11 o’clock and 19 not tolerate unlawful actions moti- minutes a.m.), the House stood in re- f vated by bigotry and that minority and cess. WELCOMING REVEREND AARON ethnic groups are valued members. f MCEMRYS It should also encourage countries to expand education on diversity and tol- b 1200 The SPEAKER. Without objection, the gentleman from Virginia (Mr. erance because it is crucial that chil- AFTER RECESS dren are brought up in an atmosphere MORAN) is recognized for 1 minute. of inclusion and taught the signifi- The recess having expired, the House There was no objection. cance of valuing individuals of all was called to order by the Speaker at Mr. MORAN. Mr. Speaker, it is my backgrounds and religious beliefs. noon. honor to introduce and welcome Rev- Additionally, the U.N. must encour- f erend Aaron McEmrys from the Uni- tarian Universalist Church of Arling- age heads of state to forcefully speak PRAYER out about the dangers of anti-Semitism ton, which is in the heart of my con- which can create an environment Reverend Aaron McEmrys, Unitarian gressional district. where violence and escalating tensions Universalist Church of Arlington, Ar- Reverend McEmrys is an accom- can grow and impact all communities. lington, Virginia, offered the following plished religious leader who thrives on I thank all of my colleagues in this prayer: collaboration and draws his energy body who continue to stand up against Creator God, spirit of light, we come from working with people. He has led a such bigotry and violent acts of hatred, here today with our spirits open to the life of service and generosity, caring both here at home and abroad, as we Sun of Your loving gaze. We come hum- for his neighbors and working to pro- continue to enlist others in our inter- bled by the work entrusted to us—to tect his flock. national community to promote free- tend to Your children—for we know I am proud to share his views as a dom and equality under the law. I also that we are, all of us, Your children, passionate supporter of marriage want to thank the local Jewish com- bearers of Your divine spark. equality, of addressing the disparity in munity relations council in my district May we remember this no matter wealth and income throughout the which recently held a community how thick the stacks of paper on our country, of workers’ rights, and ad- forum on addressing anti-Semitism. desks. dressing the growing problems caused This is a conversation that must be When we are weary, may we be filled by global climate change. held in every community across our with Your generosity of spirit. We will He has spent years fighting to im- Nation and around the world. I hope to pass it on with interest. prove the daily lives of the neediest see the United Nations and all member When we don’t know which way to among us, spending years with the states join us in expanding this dia- turn, may we find stillness and listen Hopi and Navajo Indian populations. logue by denouncing such actions and for the soft voice of wisdom. Reverend McEmrys holds a master’s taking decisive action in their own Help us today to do justice, to serve of divinity from the Meadville Lom- countries to halt these hate crimes and mercy, and to walk humbly with You bard Theological School and a bach- acts of hatred. and the better angels of our nature. elor’s of science in labor studies from Only by working together across Most of all, beloved God, may we the National Labor College, so he is party lines and across the globe can we practice the arts of kindness in all that well prepared to lead a highly informed successfully eradicate such hate in our we do and all that we are. and politically engaged congregation. world. To this we say amen. I am proud to consider him a con- f stituent, a valued constituent, and f thank him for opening our day with THE JOURNAL such a meaningful prayer. COMMUNICATION FROM THE The SPEAKER. The Chair has exam- f CLERK OF THE HOUSE ined the Journal of the last day’s pro- The SPEAKER pro tempore laid be- ceedings and announces to the House ANNOUNCEMENT BY THE SPEAKER fore the House the following commu- his approval thereof. PRO TEMPORE nication from the Clerk of the House of Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore (Mr. POE Representatives: nal stands approved. of Texas). The Chair will entertain up

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.014 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8943 to 15 requests for 1-minute speeches on dress the House for 1 minute and to re- innovation and space exploration in each side of the aisle. vise and extend his remarks.) our State and the Nation. This is some- f Mr. WILSON of South Carolina. Mr. thing that we all can be proud of as a Speaker, today I am grateful to express Nation, and we look forward to further HANNAH AND FRIENDS my appreciation for Karon Karami, the space exploration. (Mrs. WALORSKI asked and was South Carolina Second Congressional f given permission to address the House District’s scheduler and office man- for 1 minute and to revise and extend ager. TRIBUTE TO CONGRESSMAN MIKE her remarks.) After interning for several months in MCINTYRE Mrs. WALORSKI. Mr. Speaker, I rise the Washington office, Karon joined (Mr. HUDSON asked and was given today with Representative JOLLY to the Wilson team in December 2012. Al- permission to address the House for 1 recognize a wonderful organization in though a native of Great Falls, Vir- minute and to revise and extend his re- my district dedicated to helping chil- ginia, and a graduate of the University marks.) dren and adults with special needs, of Virginia, Karon has grown to adopt Mr. HUDSON. Mr. Speaker, I rise Hannah’s House. South Carolina as her second home. today to honor my good friend and col- Many football fans know the name The scheduling position is most chal- league from North Carolina, Congress- Charlie Weis. He has coached at the lenging, but Karon has excelled. Her man MIKE MCINTYRE. MIKE and I are University of Notre Dame, New Eng- ability to connect with constituents, blessed to represent the southeastern land Patriots, and the New York Jets. coordinate with my wife, Roxanne, and region of North Carolina and some of What many of you don’t know is he her eagerness to assist them has made the most hardworking, genuine, and and his wife, Maura, are passionate a difference for the citizens of South thoughtful people you will ever meet. about helping people off the field. Carolina. MIKE has his priorities in order. He In 2003, Charlie and Maura founded Beginning in January, Karon will has dedicated his life to God, his fam- Hannah and Friends for their daughter join New Hampshire’s First Congres- ily, and serving his constituents, and Hannah, who has global developmental sional District Congressman-elect he has done so with unparalleled honor delays. They wanted to find a way to Frank Guinta’s office. I know her par- and integrity. inspire a special group of people with ents, Mo and Fatemah Karami, are In Congress, he has been a voice for abilities different from the athletes proud of her accomplishments. I wish common sense, and he has never been that he coached. Hannah and Friends Karon best wishes and look forward to afraid to reach across the aisle to get provides grants to low- and middle-in- seeing her future successes. things done for our local communities. In conclusion, God bless our troops, come families who have children with During his years of service on the and the President should take actions disabilities. House Agriculture and the House Hannah and Friends is helping indi- to never forget September the 11th in Armed Services Committees, MIKE has, the global war on terrorism. The Presi- viduals with special needs every day to time and again, stood up for issues dent’s pardoning of Guantanamo ter- realize their potential and plan for folks care about back home in North rorists endangers American families. their future and to achieve their own Carolina. personal best. f I am honored that I inherited Robe- f ‘‘ORION’’—INNOVATE, EXPLORE, son County from MIKE, a place my fam- THE GREAT LAKES DISCOVER ily has called home for generations, (Mr. HIGGINS asked and was given (Mr. PERLMUTTER asked and was and I am thrilled to call MIKE and his permission to address the House for 1 given permission to address the House amazing wife, Dee, my constituents. minute.) for 1 minute.) I can tell you firsthand that MIKE is Mr. HIGGINS. Mr. Speaker, the Mr. PERLMUTTER. Mr. Speaker, I respected across southeastern North Great Lakes represents the largest rise today to recognize the remarkable Carolina because he has a sincere pas- source of freshwater on this planet. achievement of the Orion spacecraft’s sion for the people he represents and They support more than 1.5 million first test flight. The project represents serves. jobs. They provide those who live near the next frontier for NASA’s deep space I thank MIKE MCINTYRE for his lead- them with countless opportunities for exploration program. ership to North Carolina over the outdoor enjoyment and recreation. Last Friday, December 5, Orion lifted years. It has been a privilege to get to My community of western New York off from Cape Canaveral, and by all ac- know MIKE, to call him a friend, and to considers its proximity to Lake Erie as counts, it was a flawless mission. This work with him to make life better for one of its greatest assets. We must test flight sent Orion 3,604 miles above the folks of North Carolina. strive to guard the Great Lakes Earth, traveling at over 20,000 miles Mr. Speaker, I hope the House will against imminent and future threats, per hour. join me in wishing MIKE and Dee well and this week the House did just that. Orion and the Space Launch System in their future endeavors. We are going Today we introduce the Guarding the are national priorities aimed at taking to miss him around here. Great Lakes Act, which will continue our astronauts to Mars and beyond. f to help protect the Great Lakes from This exploration will inspire our Na- COMPREHENSIVE IMMIGRATION Asian carp and other invasive species. tion and capture the hearts and minds REFORM The act will also take necessary steps of young Americans. to focus on permanent solutions by be- More importantly, I am proud to say (Ms. HAHN asked and was given per- ginning work on water quality and Colorado played an enormous role in mission to address the House for 1 flood mitigation projects. making Orion a reality. Lockheed Mar- minute.) Yesterday the House passed the tin and United Launch Alliance facili- Ms. HAHN. Mr. Speaker, I rise to Great Lakes Restoration Initiative ties played a leading role in this mis- renew the call for Congress to act on Act, providing $300 million in Federal sion. comprehensive immigration reform. funding annually to support projects Other Colorado contractors that The job of Congress is to legislate, and related to the protection and restora- played an important role include Lock- immigration reform needs a legislative tion of the Great Lakes for each of the heed Martin Space Systems, Advanced solution. It is, therefore, disappointing next 5 years. These are two excellent Solutions Inc., Ball Aerospace, Deep that we will be finishing this Congress steps forward as we continue to protect Space Systems, Denver Research Insti- in a few days without the House having these great bodies of water. tute, Erickson Metals of Colorado, passed or even voted on comprehensive f ISYS Technologies, Red Canyon Engi- immigration reform. But I hope that neering, SEAKR Engineering, St. Vrain starting immediately in the new Con- CONGRATULATIONS, KARON Manufacturing Syzygx, Syzygx, and gress, we can work together to pass KARAMI TTJ&B Inc. comprehensive, commonsense, and (Mr. WILSON of South Carolina Orion supports thousands of jobs all compassionate legislation that will asked and was given permission to ad- around the country and is an engine for provide opportunities to those who

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.016 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8944 CONGRESSIONAL RECORD — HOUSE December 10, 2014 want to come here and opportunities County crowns and six State cham- vests in critical science and research for the 12 million undocumented resi- pionships. programs. dents who are already here. As a Jersey City native, Coach However, I am deeply disappointed This legislation can grow our econ- Ascolese was named Hudson County that it responds to the President’s ex- omy, decrease our deficit, secure our Coach of the Year 14 times, and in 1997, ecutive action on immigration by pro- borders, protect our workers, unite he was named the Toyota Coach of the viding only short-term funding for the families, and provide an earned path- Year for the Eastern United States. In Department of Homeland Security. I way to citizenship. A majority of 2011, North Bergen’s home field was re- strongly oppose several controversial Americans support this framework, named as the Vincent Ascolese Field. policy riders that impact women’s and it has the support of both labor and Coach Ascolese will be remembered health and the environment. business as well as religious and civic for his lasting impact on and off the As we begin a meaningful debate on organizations. Let us come back in field and his ability to inspire his play- this bill and as the new Congress ap- January ready to get the job done and ers and the community. My thoughts proaches, we must ensure actions and pass comprehensive immigration re- are with the Vincent Ascolese family, decisions reflect our values and our form. former players, and the North Bergen ideals to ensure that we protect our f community. country, grow the economy, and pro- f vide every American a fair shot at suc- GRUBER WASN’T TALKING ABOUT cess. REPUBLICANS HONORING JOSE DIAZ-BALART f (Ms. ROS-LEHTINEN asked and was (Mr. GOHMERT asked and was given THE CHRISTMAS RESOLUTION permission to address the House for 1 given permission to address the House minute.) for 1 minute and to revise and extend (Mr. LAMBORN asked and was given Mr. GOHMERT. Mr. Speaker, a lot of her remarks.) permission to address the House for 1 my Republican friends have been upset Ms. ROS-LEHTINEN. Mr. Speaker, I minute.) with the comments of Jonathan would like to congratulate my friend, Mr. LAMBORN. Mr. Speaker, it is Gruber, where he was quoted accu- journalist, and television anchorman, the most wonderful time of the year, a rately as saying about ObamaCare: ‘‘A Jose Diaz-Balart. time when millions of Americans gath- lack of transparency is a huge political For over 30 years, Jose has been re- er together to celebrate Christmas. For advantage. Call it the stupidity of the porting on momentous events from many of us, Christmas is a time to re- American voter or whatever.’’ international crises to breaking news member the humble birth of our Savior He also said that they—President in order to properly inform his diverse on a holy night more than 2,000 years Obama and the Democrats—proposed it audience. ago in the town of Bethlehem. We give and it ‘‘passed because the American As the first U.S. journalist to broad- thanks for Jesus’ message of love and people are too stupid to understand the cast in two languages—English and peace and remember the sacrifice He difference.’’ Spanish—simultaneously on two net- made for us all. It is a season of giving, Now, I would say to my Republican works, Jose has proven to be a valuable of love, and of joy. colleagues: chill out. Don’t worry. Not voice to the Hispanic American com- According to a recent poll, 9 out of 10 a single Republican voted for that bill. munity. Throughout his career Jose Americans celebrate Christmas. Sadly, Not a single Republican in the Senate has been the recipient of many acco- however, there is a troubling effort in voted for that bill. He wasn’t talking lades, including three Emmys, the America led by a vocal minority to re- about Republicans. He wasn’t talking George Foster Peabody Award, and the move the symbols and traditions of about the Democrats, Independents, or 2014 CHCI Medallion of Excellence. Christmas from the public arena. Republicans who voted for Republicans Jose’s role in our society should not There have been many examples of to come to the House or the Senate. He be taken for granted. There are hun- atheist groups working to remove pub- was talking about the people he was dreds of journalists in Cuba and around lic nativity displays and other decora- paid millions by to work on the world who are being persecuted and tions. Just last year in my home State ObamaCare. That is right—he called imprisoned for showcasing the realities of Colorado, an anti-religious organiza- the Democrats stupid. within their own countries. Jose tion filed a lawsuit against school offi- He wasn’t talking about Republicans. speaks for them. cials for their support of student-led He knew we were smarter than that. I congratulate Jose for 30 years with- involvement with Operation Christmas in the industry and thank him for his Child. f commitment to the principles of inde- Mr. Speaker, these petty efforts by b 1215 pendent journalism and freedom of the groups offended by the religious sig- press. nificance of Christmas violates the RECOGNIZING THE LIFE OF COACH freedom of religion our Founding Fa- VINCENT ASCOLESE f thers provided for us in the Constitu- THE CR/OMNIBUS (Mr. SIRES asked and was given per- tion. This Congress and in Congresses mission to address the House for 1 (Mr. CICILLINE asked and was given past, I have introduced a resolution to minute.) permission to address the House for 1 protect the symbols and traditions of Mr. SIRES. Mr. Speaker, today, I rise minute.) Christmas for those who celebrate the to recognize the life of the legendary Mr. CICILLINE. Mr. Speaker, last holiday. North Bergen High School football night, the House Rules Committee filed The resolution also disapproves of ef- coach Vincent Ascolese. the 2015 government funding bill. forts to ban references to Christmas. Coach Ascolese, a beloved husband, My top priority is keeping the gov- We must not allow those who chose to father, grandfather, neighbor, and ernment open, and this bill will pre- take offense to shut down the religious friend, passed away on December 3 vent the kind of widespread economic celebration of every other American. after a long battle with cancer. damage that would be caused by a gov- f His career as a high school football ernment shutdown, but funding the coach spanned 50 years, beginning with government is more than just about THE 66TH ANNIVERSARY OF 11 years in Hoboken, New Jersey, and dollars and cents. It is a statement HUMAN RIGHTS DAY AND THE then taking over the North Bergen about our national values. We must UNIVERSAL DECLARATION OF football program in 1973. He retired make difficult choices with limited re- HUMAN RIGHTS after the 2011 season as New Jersey’s sources and fight for what we stand for. (Mr. LOWENTHAL asked and was third winningest coach in history. This so-called CR/Omnibus provides given permission to address the House As a member of the Hudson County $1.1 trillion to fund the government for 1 minute and to revise and extend Hall of Fame and the New Jersey Foot- through 2015. It provides funding to his remarks.) ball Coaches Hall of Fame, he guided combat ISIL and support our troops, Mr. LOWENTHAL. Mr. Speaker, I the North Bergen Bruins to 12 Hudson fight Ebola in West Africa, and it in- rise in support of my newly-introduced

VerDate Sep 11 2014 01:28 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.018 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8945 resolution which recognizes today as (S. 1691) to amend title 5, United States ‘‘(D) ASSIGNMENT IN LIEU OF ELECTION.— the 66th anniversary of the Universal Code, to improve the security of the Notwithstanding subparagraph (A)— Declaration of Human Rights and the United States border and to provide for ‘‘(i) a border patrol agent who fails to make a timely election under subparagraph celebration of Human Rights Day. reforms and rates of pay for border pa- (A) shall be assigned to the level 1 border pa- Sixty-six years ago today, the world trol agents. trol rate of pay; spoke for the first time with one voice The Clerk read the title of the bill. ‘‘(ii) a border patrol agent who is assigned to proclaim the fundamental rights and The text of the bill is as follows: a canine shall be assigned to the level 1 bor- freedoms of all people. Today, it is our S. 1691 der patrol rate of pay; duty to continue to speak out for Be it enacted by the Senate and House of Rep- ‘‘(iii) if at any time U.S. Customs and Bor- human rights for all people. Imprisoned resentatives of the United States of America in der Protection concludes that a border pa- bloggers in Vietnam, LGBT activists in Congress assembled, trol agent is unable to perform overtime on a daily basis in accordance with this section, Russia, and murdered students in Mex- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Border Pa- U.S. Customs and Border Protection shall as- ico all have shown us that there is still trol Agent Pay Reform Act of 2014’’. sign the border patrol agent to the basic bor- a great amount of work left to do. SEC. 2. BORDER PATROL RATE OF PAY. der patrol rate of pay until such time as U.S. Mr. Speaker, I urge the House to (a) PURPOSE.—The purposes of this Act Customs and Border Protection determines take up my resolution and encourage are— that the border patrol agent is able to per- my colleagues to set aside today to rec- (1) to strengthen U.S. Customs and Border form scheduled overtime on a daily basis; ognize Human Rights Day in honor of Protection and ensure that border patrol ‘‘(iv) unless the analysis conducted under agents are sufficiently ready to conduct nec- section 2(e) of the Border Patrol Agent Pay all those who are struggling to reclaim Reform Act of 2014 indicates that, in order to their fundamental rights. essary work and will perform overtime hours in excess of a 40-hour workweek based on the more adequately fulfill the operational re- f needs of U.S. Customs and Border Protec- quirements of U.S. Customs and Border Pro- tion; and tection, such border patrol agents should be SUPPORTING THE GLOBAL FOOD (2) to ensure U.S. Customs and Border Pro- allowed to elect or be assigned to the level 1 SECURITY ACT tection has the flexibility to cover shift border patrol rate of pay or the level 2 border changes and retains the right to assign patrol rate of pay, a border patrol agent (Mr. NOLAN asked and was given shall be assigned to the basic border patrol scheduled and unscheduled work for mission permission to address the House for 1 rate of pay if the agent works— requirements and planning based on oper- minute and to revise and extend his re- ‘‘(I) at U.S. Customs and Border Protection ational need. headquarters; marks.) (b) RATES OF PAY.—Subchapter V of chap- Mr. NOLAN. Mr. Speaker, I rise in ter 55 of title 5, United States Code, is ‘‘(II) as a training instructor at a U.S. Cus- support of H.R. 5656, the Global Food amended by inserting after section 5549 the toms and Border Protection training facil- Security Act of 2014, which is a rec- following: ity; ‘‘(III) in an administrative position; or ognition here by the House of Rep- ‘‘§ 5550. Border patrol rate of pay ‘‘(IV) as a fitness instructor; and resentatives of the important lead role ‘‘(a) DEFINITIONS.—In this section— ‘‘(v) a border patrol agent may be assigned that the United States of America can ‘‘(1) the term ‘basic border patrol rate of to the level 1 border patrol rate of pay or the and must play in fighting poverty and pay’ means the hourly rate of basic pay of level 2 border patrol rate of pay in accord- hunger throughout the world. the applicable border patrol, as determined ance with subparagraph (E). The simple truth is that a hunger without regard to this section; ‘‘(E) FLEXIBILITY.— ‘‘(2) the term ‘border patrol agent’ means epidemic of crisis proportion is spread- ‘‘(i) IN GENERAL.—Except as provided in an individual who is appointed to a position clauses (ii) and (iii), and notwithstanding ing across the developing world leading assigned to the Border Patrol Enforcement any other provision of law, U.S. Customs and to mass unrest, armed conflict, need- classification series 1896 or any successor se- Border Protection shall take such action as less suffering, and death. ries, consistent with classification standards is necessary, including the unilateral assign- Every day, more than 21,000 people established by the Office of Personnel Man- ment of border patrol agents to the level 1 die of hunger or hunger-related causes. agement; border patrol rate of pay or the level 2 border The United Nations reports that in de- ‘‘(3) the term ‘level 1 border patrol rate of patrol rate of pay, to ensure that not more veloping countries, 842 million people pay’ means the hourly rate of pay equal to than 10 percent of the border patrol agents 1.25 times the otherwise applicable hourly stationed at a location are assigned to the are chronically hungry, one out of rate of basic pay of the applicable border pa- level 2 border patrol rate of pay or the basic every three children who die before the trol agent; border patrol rate of pay. age of 5 die of hunger, and one out of ‘‘(4) the term ‘level 2 border patrol rate of ‘‘(ii) WAIVER.—U.S. Customs and Border four children suffer mental or physical pay’ means the hourly rate of pay equal to Protection may waive the limitation under impairments due to malnutrition. 1.125 times the otherwise applicable hourly clause (i) on the percent of border patrol Mr. Speaker, this Congress has been rate of basic pay of the applicable border pa- agents stationed at a location who are as- more than willing to spend trillions on trol agent; and signed to the level 2 border patrol rate of pay or the basic border patrol rate of pay if, warfare. Today, I call upon the Con- ‘‘(5) the term ‘work period’ means a 14-day biweekly pay period. based on the analysis conducted under sec- gress of the United States to declare ‘‘(b) RECEIPT OF BORDER PATROL RATE OF tion 2(e) of the Border Patrol Agent Pay Re- war on hunger and give people in need PAY.— form Act of 2014, U.S. Customs and Border a good reason to be grateful to Amer- ‘‘(1) VOLUNTARY ELECTION.— Protection determines it may do so and ade- ica. ‘‘(A) IN GENERAL.—Not later than 30 days quately fulfill its operational requirements. before the first day of each year beginning ‘‘(iii) CERTAIN LOCATIONS.—Clause (i) shall f after the date of enactment of this section, a not apply to border patrol agents working at ANNOUNCEMENT BY THE SPEAKER border patrol agent shall make an election the headquarters of U.S. Customs and Border PRO TEMPORE whether the border patrol agent shall, for Protection or a training location of U.S. Cus- that year, be assigned to— toms and Border Protection. The SPEAKER pro tempore. Pursu- ‘‘(i) the level 1 border patrol rate of pay; ‘‘(F) CANINE CARE.—For a border patrol ant to clause 8 of rule XX, the Chair ‘‘(ii) the level 2 border patrol rate of pay; agent assigned to provide care for a canine will postpone further proceedings or and assigned to the level 1 border patrol rate today on motions to suspend the rules ‘‘(iii) the basic border patrol rate of pay, of pay in accordance with subparagraph on which a recorded vote or the yeas with additional overtime assigned as needed (D)(ii)— and nays are ordered, or on which the by U.S. Customs and Border Protection. ‘‘(i) that rate of pay covers all such care; ‘‘(B) REGULATIONS.—The Director of the Of- ‘‘(ii) for the purposes of scheduled overtime vote incurs objection under clause 6 of fice of Personnel Management shall promul- under paragraph (2)(A)(ii), such care shall be rule XX. gate regulations establishing procedures for counted as 1 hour of scheduled overtime on Record votes on postponed questions elections under subparagraph (A). each regular workday without regard to the will be taken later. ‘‘(C) INFORMATION REGARDING ELECTION.— actual duration of such care or whether such Not later than 60 days before the first day of care occurs on the regular workday; and f each year beginning after the date of enact- ‘‘(iii) no other pay shall be paid to the bor- BORDER PATROL AGENT PAY ment of this section, U.S. Customs and Bor- der patrol agent for such care. REFORM ACT OF 2014 der Protection shall provide each border pa- ‘‘(G) PAY ASSIGNMENT CONTINUITY.— trol agent with information regarding each ‘‘(i) IN GENERAL.—Not later than 1 year Mr. CHAFFETZ. Mr. Speaker, I move type of election available under subpara- after the date of enactment of the Border Pa- to suspend the rules and pass the bill graph (A) and how to make such an election. trol Agent Pay Reform Act of 2014, and in

VerDate Sep 11 2014 01:28 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.020 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8946 CONGRESSIONAL RECORD — HOUSE December 10, 2014 consultation with the Office of Personnel time (except that full days off for military per week with 8 hours of regular time per Management, U.S. Customs and Border Pro- leave shall be charged when required); workday; and tection shall develop and implement a plan ‘‘(F) if the border patrol agent is absent ‘‘(B) the border patrol agent shall receive to ensure, to the greatest extent practicable, during scheduled overtime described in sub- compensatory time off or pay at the over- that the assignment of a border patrol agent paragraph (A)(ii)— time hourly rate of pay for hours of work in under this section during the 3 years of serv- ‘‘(i) the border patrol agent shall accrue an excess of 80 hours during a work period, as ice before the border patrol agent becomes obligation to perform other overtime work determined in accordance with section eligible for immediate retirement are con- for each hour (or part thereof) the border pa- 5542(g). sistent with the average border patrol rate of trol agent is absent; and ‘‘(c) ELIGIBILITY FOR OTHER PREMIUM pay level to which the border patrol agent ‘‘(ii) any overtime work applied toward the PAY.—A border patrol agent— has been assigned during the course of the obligation under clause (i) shall not be cred- ‘‘(1) shall receive premium pay for night- career of the border patrol agent. ited as overtime work under any other provi- work in accordance with subsections (a) and ‘‘(ii) IMPLEMENTATION.—Notwithstanding sion of law; and (b) of section 5545 and Sunday and holiday any other provision of law, U.S. Customs and ‘‘(G) for the purposes of advanced training, pay in accordance with section 5546, without Border Protection may take such action as the border patrol agent— regard to the rate of pay to which the border is necessary, including the unilateral assign- ‘‘(i) shall be paid at the level 1 border pa- patrol agent is assigned under this section, ment of border patrol agents to the level 1 trol rate of pay for the first 60 days of ad- except that— border patrol rate of pay, the level 2 border vanced training in a calendar year; and ‘‘(A) no premium pay for night, Sunday, or patrol rate of pay, or the basic border patrol ‘‘(ii) for any advanced training in addition holiday work shall be provided for hours of rate of pay, to implement the plan developed to the advanced training described in clause regularly scheduled overtime work described under this subparagraph. (i), shall be paid at the basic border patrol in paragraph (2)(A)(ii) or (3)(A)(ii) of sub- ‘‘(iii) REPORTING.—U.S. Customs and Bor- rate of pay. section (b), consistent with the requirements der Protection shall submit the plan devel- ‘‘(3) LEVEL 2 BORDER PATROL RATE OF PAY.— of paragraph (2)(C) or (3)(C) of subsection (b); oped under clause (i) to the appropriate com- For a border patrol agent who is assigned to and mittees of Congress. the level 2 border patrol rate of pay— ‘‘(B) section 5546(d) shall not apply and in- ‘‘(iv) GAO REVIEW.—Not later than 6 stead eligibility for pay for, and the rate of months after U.S. Customs and Border Pro- ‘‘(A) the border patrol agent shall have a regular tour of duty consisting of 5 workdays pay for, any overtime work on a Sunday or tection issues the plan required under clause a designated holiday shall be determined in (i), the Comptroller General of the United per week with— ‘‘(i) 8 hours of regular time per workday, accordance with this section and section States shall submit to the appropriate com- 5542(g); mittees of Congress a report on the effective- which may be interrupted by an unpaid off- ‘‘(2) except as provided in paragraph (3) or ness of the plan in ensuring that border pa- duty meal break; and section 5542(g), shall not be eligible for any trol agents are not able to artificially en- ‘‘(ii) 1 additional hour of scheduled over- other form of premium pay under this title; hance their retirement annuities. time during each day the agent performs and ‘‘(v) DEFINITION.—In this subparagraph, the work under clause (i); ‘‘(3) shall be eligible for hazardous duty term ‘appropriate committees of Congress’ ‘‘(B) for paid hours of regular time de- pay in accordance with section 5545(d). means— scribed in subparagraph (A)(i), the border pa- ‘‘(I) the Committee on Homeland Security trol agent shall receive pay at the level 2 ‘‘(d) TREATMENT AS BASIC PAY.—Any pay in and Governmental Affairs and the Com- border patrol rate of pay; addition to the basic border patrol rate of mittee on Appropriations of the Senate; and ‘‘(C) compensation for the hours of regu- pay for a border patrol agent resulting from ‘‘(II) the Committee on Homeland Secu- larly scheduled overtime work described in application of the level 1 border patrol rate rity, the Committee on Oversight and Gov- subparagraph (A)(ii) is provided indirectly of pay or the level 2 border patrol rate of ernment Reform, and the Committee on Ap- through the 12.5 percent supplement within pay— propriations of the House of Representatives. the level 2 border patrol rate of pay, and the ‘‘(1) subject to paragraph (2), shall be treat- ‘‘(vi) RULE OF CONSTRUCTION.—Nothing in border patrol agent may not receive for such ed as part of basic pay solely for— this subparagraph shall be construed to limit hours— ‘‘(A) purposes of sections 5595(c), 8114(e), the ability of U.S. Customs and Border Pro- ‘‘(i) any compensation in addition to the 8331(3)(I), and 8704(c); tection to assign border patrol agents to bor- compensation under subparagraph (B) under ‘‘(B) any other purpose that the Director of der patrol rates of pay as necessary to meet this section or any other provision of law; or the Office of Personnel Management may by operational requirements. ‘‘(ii) any compensatory time off; regulation prescribe; and ‘‘(2) LEVEL 1 BORDER PATROL RATE OF PAY.— ‘‘(D) the border patrol agent shall receive ‘‘(C) any other purpose expressly provided For a border patrol agent who is assigned to compensatory time off or pay at the over- for by law; and the level 1 border patrol rate of pay— time hourly rate of pay for hours of work in ‘‘(2) shall not be treated as part of basic ‘‘(A) the border patrol agent shall have a excess of 90 hours during a work period, as pay for the purposes of calculating overtime regular tour of duty consisting of 5 workdays determined in accordance with section pay, night pay, Sunday pay, or holiday pay per week with— 5542(g); under section 5542, 5545, or 5546. ‘‘(i) 8 hours of regular time per workday, ‘‘(E) the border patrol agent shall be ‘‘(e) TRAVEL TIME.—Travel time to and which may be interrupted by an unpaid off- charged corresponding amounts of paid from home and duty station by a border pa- duty meal break; and leave, compensatory time off, or other paid trol agent shall not be considered hours of ‘‘(ii) 2 additional hours of scheduled over- time off for each hour (or part thereof) the work under any provision of law. time during each day the agent performs agent is excused from work during regular ‘‘(f) LEAVE WITHOUT PAY AND SUBSTITUTION work under clause (i); time (except that full days off for military OF HOURS.— ‘‘(B) for paid hours of regular time de- leave shall be charged when required); ‘‘(1) REGULAR TIME.— scribed in subparagraph (A)(i), the border pa- ‘‘(F) if the border patrol agent is absent ‘‘(A) IN GENERAL.—For a period of leave trol agent shall receive pay at the level 1 during scheduled overtime described in sub- without pay during the regular time of a bor- border patrol rate of pay; paragraph (A)(ii)— der patrol agent (as described in paragraph ‘‘(C) compensation for the hours of regu- ‘‘(i) the border patrol agent shall accrue an (2)(A)(i), (3)(A)(i), or (4)(A) of subsection (b)) larly scheduled overtime work described in obligation to perform other overtime work within a work period, an equal period of subparagraph (A)(ii) is provided indirectly for each hour (or part thereof) the border pa- work outside the regular time of the border through the 25 percent supplement within trol agent is absent; and patrol agent, but in the same work period— the level 1 border patrol rate of pay, and the ‘‘(ii) any overtime work applied toward the ‘‘(i) shall be substituted and paid for at the border patrol agent may not receive for such obligation under clause (i) shall not be cred- rate applicable for the regular time; and hours— ited as overtime work under any other provi- ‘‘(ii) shall not be credited as overtime ‘‘(i) any compensation in addition to the sion of law; and hours for any purpose. compensation under subparagraph (B) under ‘‘(G) for the purposes of advanced training, ‘‘(B) PRIORITY FOR SAME DAY WORK.—In sub- this section or any other provision of law; or the border patrol agent— stituting hours of work under subparagraph ‘‘(ii) any compensatory time off; ‘‘(i) shall be paid at the level 2 border pa- (A), work performed on the same day as the ‘‘(D) the border patrol agent shall receive trol rate of pay for the first 60 days of ad- period of leave without pay shall be sub- compensatory time off or pay at the over- vanced training in a calendar year; and stituted first. time hourly rate of pay for hours of work in ‘‘(ii) for any advanced training in addition ‘‘(C) PRIORITY FOR REGULAR TIME SUBSTI- excess of 100 hours during a work period, as to the advanced training described in clause TUTION.—Hours of work shall be substituted determined in accordance with section (i), shall be paid at the basic border patrol for regular time work under this paragraph 5542(g); rate of pay. before being substituted for scheduled over- ‘‘(E) the border patrol agent shall be ‘‘(4) BASIC BORDER PATROL RATE OF PAY.— time under paragraphs (2), (3), and (4). charged corresponding amounts of paid For a border patrol agent who is assigned to ‘‘(2) OVERTIME WORK.— leave, compensatory time off, or other paid the basic border patrol rate of pay— ‘‘(A) IN GENERAL.—For a period of absence time off for each hour (or part thereof) the ‘‘(A) the border patrol agent shall have a during scheduled overtime (as described in agent is absent from work during regular regular tour of duty consisting of 5 workdays paragraph (2)(F) or (3)(F) of subsection (b))

VerDate Sep 11 2014 01:28 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.005 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8947 within a work period, an equal period of ad- ‘‘(B) the border patrol agent— (A) examines the staffing requirements for ditional work in the same work period— ‘‘(i) shall receive pay at the overtime hour- U.S. Border Patrol to most effectively meet ‘‘(i) shall be substituted and credited as ly rate of pay (as determined in accordance its operational requirements at each Border scheduled overtime; and with paragraphs (1) and (2) of subsection (a)) Patrol duty station; ‘‘(ii) shall not be credited as overtime for hours of overtime work that are officially (B) estimates the cost of the staffing re- hours under any other provision of law. ordered or approved in advance of the work- quirements at each Border Patrol duty sta- ‘‘(B) PRIORITY FOR SAME DAY WORK.—In sub- week; and tion; and stituting hours of work under subparagraph ‘‘(ii) except as provided in paragraphs (4) (C) includes— (A), work performed on the same day as the and (5), shall receive compensatory time off (i) a position-by-position review at each period of absence shall be substituted first. for an equal amount of time spent per- Border Patrol station to determine— ‘‘(3) APPLICATION OF COMPENSATORY TIME.— forming overtime work that is not overtime (I) the duties assigned to each position; If a border patrol agent does not have suffi- work described in clause (i). (II) how the duties relate to the oper- cient additional work in a work period to ‘‘(4)(A) Except as provided in subparagraph ational requirements of U.S. Border Patrol; substitute for all periods of absence during (B), during a 14-day biweekly pay period, a and scheduled overtime (as described in para- border patrol agent may not earn compen- (III) the number of hours border patrol graph (2)(F) or (3)(F) of subsection (b)) with- satory time off for more than 10 hours of agents in that position would need to work in that work period, any accrued compen- overtime work. each pay period to meet the operational re- satory time off under section 5542(g) shall be ‘‘(B) U.S. Customs and Border Protection quirements of U.S. Border Patrol; applied to satisfy the hours obligation. may, as it determines appropriate, waive the (ii) the metrics used to determine the num- ‘‘(4) INSUFFICIENT HOURS.—If a border pa- limitation under subparagraph (A) for an in- ber of hours of work performed at each Bor- trol agent has a remaining hours obligation dividual border patrol agent for hours of ir- der Patrol station, broken down by the type of scheduled overtime after applying para- regular or occasional overtime work, but of hours worked; graphs (2) and (3), any additional work in such waiver must be approved in writing in (iii) a cost analysis of the most recent full subsequent work periods that would other- advance of the performance of any such work fiscal year by the type of full-time equiva- wise be credited under section 5542(g) shall for which compensatory time off is earned lent hours worked; be applied towards the hours obligation until under paragraph (1)(B)(ii), (2)(B)(ii), or (iv) a cost estimate by the type of full-time that obligation is satisfied. (3)(B)(ii). If a waiver request by a border pa- equivalent hours expected to be worked dur- ‘‘(g) AUTHORITY TO REQUIRE OVERTIME trol agent is denied, the border patrol agent ing the first full fiscal year after the date of WORK.—Nothing in this section shall be con- may not be ordered to perform the associ- enactment of this Act; and strued to limit the authority of U.S. Cus- ated overtime work. (v) an analysis that compares the cost of toms and Border Protection to require a bor- ‘‘(5) A border patrol agent— assigning the full-time equivalent hours der patrol agent to perform hours of over- ‘‘(A) may not earn more than 240 hours of needed to meet the operational requirements time work in accordance with the needs of compensatory time off during a leave year; of U.S. Border Patrol to existing border pa- U.S. Customs and Border Protection, includ- ‘‘(B) shall use any hours of compensatory trol agents through higher rates of pay ing if needed in the event of a local or na- time off not later than the end of the 26th versus recruiting, hiring, training, and de- tional emergency.’’. pay period after the pay period during which ploying additional border patrol agents. (c) OVERTIME WORK.— the compensatory time off was earned; (2) INDEPENDENT VALIDATOR.—Not later (1) IN GENERAL.—Section 5542 of title 5, ‘‘(C) shall be required to use 1 hour of com- than 90 days after the date on which the United States Code, is amended by adding at pensatory time off for each hour of regular Comptroller General receives the report the end the following: time not worked for which the border patrol under paragraph (1), the Comptroller General ‘‘(g) In applying subsection (a) with respect agent is not on paid leave or other paid time shall submit to the appropriate committees to a border patrol agent covered by section off or does not substitute time in accordance of Congress a report that— 5550, the following rules apply: with section 5550(f); (A) examines the methodology used by U.S. ‘‘(1) Notwithstanding the matter preceding ‘‘(D) shall forfeit any compensatory time Customs and Border Protection to carry out paragraph (1) in subsection (a), for a border off not used in accordance with this para- the analysis; and patrol agent who is assigned to the level 1 graph and, regardless of circumstances, shall (B) indicates whether the Comptroller Gen- border patrol rate of pay under section 5550— not be entitled to any cash value for compen- eral concurs with the findings in the report ‘‘(A) hours of work in excess of 100 hours satory time earned under section 5550; under paragraph (1). during a 14-day biweekly pay period shall be ‘‘(E) shall not receive credit towards the (3) DEFINITION.—In this subsection, the overtime work; and computation of the annuity of the border pa- term ‘‘appropriate committees of Congress’’ ‘‘(B) the border patrol agent— trol agent for compensatory time, whether means— ‘‘(i) shall receive pay at the overtime hour- used or not; and (A) the Committee on Homeland Security ly rate of pay (as determined in accordance ‘‘(F) shall not be credited with compen- and Governmental Affairs and the Com- with paragraphs (1) and (2) of subsection (a)) satory time off if the value of such time off mittee on Appropriations of the Senate; and for hours of overtime work that are officially would cause the aggregate premium pay of (B) the Committee on Oversight and Gov- ordered or approved in advance of the work- the border patrol agent to exceed the limita- ernment Reform and the Committee on Ap- week; and tion established under section 5547 in the pe- propriations of the House of Representatives. ‘‘(ii) except as provided in paragraphs (4) riod in which it was earned.’’. (f) RULES OF CONSTRUCTION.—Nothing in and (5), shall receive compensatory time off (2) MINIMIZATION OF OVERTIME.—U.S. Cus- this section or the amendments made by this for an equal amount of time spent per- toms and Border Protection shall, to the section shall be construed to— forming overtime work that is not overtime maximum extent practicable, avoid the use (1) limit the right of U.S. Customs and Bor- work described in clause (i). of scheduled overtime work by border patrol der Protection to assign both scheduled and ‘‘(2) Notwithstanding the matter preceding agents. unscheduled work to a border patrol agent paragraph (1) in subsection (a), for a border (d) RETIREMENT.—Section 8331(3) of title 5, based on the needs of U.S. Customs and Bor- patrol agent who is assigned to the level 2 United States Code, is amended— der Protection in excess of the hours of work border patrol rate of pay under section 5550— (1) in subparagraph (G), by striking ‘‘and’’; normally applicable under the election of the ‘‘(A) hours of work in excess of 90 hours (2) in subparagraph (H), by inserting ‘‘and’’ border patrol agent, regardless of what the during a 14-day biweekly pay period shall be after the semicolon; border patrol agent might otherwise have overtime work; and (3) by inserting a new subparagraph after elected; ‘‘(B) the border patrol agent— subparagraph (H) as follows: (2) require compensation of a border patrol ‘‘(i) shall receive pay at the overtime hour- ‘‘(I) with respect to a border patrol agent, agent other than for hours during which the ly rate of pay (as determined in accordance the amount of supplemental pay received border patrol agent is actually performing with paragraphs (1) and (2) of subsection (a)) through application of the level 1 border pa- work or using approved paid leave or other for hours of overtime work that are officially trol rate of pay or the level 2 border patrol paid time off; or ordered or approved in advance of the work- rate of pay for scheduled overtime within the (3) exempt a border patrol agent from any week; and regular tour of duty of the border patrol limitations on pay, earnings, or compensa- ‘‘(ii) except as provided in paragraphs (4) agent as provided in section 5550;’’; and tion, including the limitations under section and (5), shall receive compensatory time off (4) in the undesignated matter following 5547 of title 5, United States Code. for an equal amount of time spent per- subparagraph (H), by striking ‘‘subpara- (g) TECHNICAL AND CONFORMING AMEND- forming overtime work that is not overtime graphs (B) through (H)’’ and inserting ‘‘sub- MENTS.— work described in clause (i). paragraphs (B) through (I)’’. (1) Section 5547 of title 5, United States ‘‘(3) Notwithstanding the matter preceding (e) COMPREHENSIVE STAFFING ANALYSIS.— Code is amended by— paragraph (1) in subsection (a), for a border (1) IN GENERAL.—Not later than 1 year after (A) in subsection (a), in the matter pre- patrol agent who is assigned to the basic bor- the date of enactment of this Act, U.S. Cus- ceding paragraph (1)— der patrol rate of pay under section 5550— toms and Border Protection shall conduct a (i) by striking, ‘‘and’’ before ‘‘5546’’; and ‘‘(A) hours of work in excess of 80 hours comprehensive analysis, and submit to the (ii) by inserting ‘‘, and 5550’’ after ‘‘5546 (a) during a 14-day biweekly pay period shall be Comptroller General of the United States a and (b)’’; and overtime work; and report, that— (B) by adding at the end the following:

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‘‘(e) Any supplemental pay resulting from ‘‘(B) CONSTRUCTION WITH OTHER LAWS.—The ‘‘(3) discusses how the planning and actions receipt of the level 1 border patrol rate of authority of the Secretary under this sub- taken under paragraph (2) are integrated pay or the level 2 border patrol rate of pay section applies without regard to the provi- into the strategic workforce planning of the under section 5550 shall be considered pre- sions of any other law relating to the ap- Department; mium pay in applying this section.’’. pointment, number, classification, or com- ‘‘(4) provides metrics on actions occurring (2) Section 13(a) of the Fair Labor Stand- pensation of employees. during the reporting period, including— ards Act of 1938 (29 U.S.C. 213(a)) is amend- ‘‘(2) BASIC PAY.— ‘‘(A) the number of employees in qualified ed— ‘‘(A) AUTHORITY TO FIX RATES OF BASIC positions hired by occupation and grade and (A) in paragraph (16), by striking ‘‘or’’ PAY.—In accordance with this section, the level or pay band; after the semicolon; Secretary shall fix the rates of basic pay for ‘‘(B) the placement of employees in quali- (B) in paragraph (17), by striking the pe- any qualified position established under fied positions by directorate and office with- riod at the end and inserting ‘‘; or’’; and paragraph (1) in relation to the rates of pay in the Department; (C) by adding at the end the following: provided for employees in comparable posi- ‘‘(C) the total number of veterans hired; ‘‘(18) any employee who is a border patrol tions in the Department of Defense and sub- ‘‘(D) the number of separations of employ- agent, as defined in section 5550(a) of title 5, ject to the same limitations on maximum ees in qualified positions by occupation and United States Code.’’. rates of pay established for such employees grade and level or pay band; (3) The table of sections for chapter 55 of by law or regulation. ‘‘(E) the number of retirements of employ- title 5, United States Code, is amended by in- ‘‘(B) PREVAILING RATE SYSTEMS.—The Sec- ees in qualified positions by occupation and serting after the item relating to section 5549 retary may, consistent with section 5341 of grade and level or pay band; and the following: title 5, United States Code, adopt such provi- ‘‘(F) the number and amounts of recruit- ‘‘5550. Border patrol rate of pay.’’. sions of that title as provide for prevailing ment, relocation, and retention incentives (h) REGULATIONS.—The Director of the Of- rate systems of basic pay and may apply paid to employees in qualified positions by fice of Personnel Management shall promul- those provisions to qualified positions for occupation and grade and level or pay band; gate regulations to carry out this Act and employees in or under which the Department and the amendments made by this Act. may employ individuals described by section ‘‘(5) describes the training provided to su- 5342(a)(2)(A) of that title. pervisors of employees in qualified positions SEC. 3. CYBERSECURITY RECRUITMENT AND RE- TENTION. ‘‘(3) ADDITIONAL COMPENSATION, INCENTIVES, at the Department on the use of the new au- (a) IN GENERAL.—At the end of subtitle C of AND ALLOWANCES.— thorities. title II of the Homeland Security Act of 2002 ‘‘(A) ADDITIONAL COMPENSATION BASED ON ‘‘(d) THREE-YEAR PROBATIONARY PERIOD.— (6 U.S.C. 141 et seq.), add the following: TITLE 5 AUTHORITIES.—The Secretary may The probationary period for all employees provide employees in qualified positions ‘‘SEC. 226. CYBERSECURITY RECRUITMENT AND hired under the authority established in this RETENTION. compensation (in addition to basic pay), in- section shall be 3 years. ‘‘(a) DEFINITIONS.—In this section: cluding benefits, incentives, and allowances, ‘‘(e) INCUMBENTS OF EXISTING COMPETITIVE ‘‘(1) APPROPRIATE COMMITTEES OF CON- consistent with, and not in excess of the SERVICE POSITIONS.— GRESS.—The term ‘appropriate committees level authorized for, comparable positions ‘‘(1) IN GENERAL.—An individual serving in of Congress’ means the Committee on Home- authorized by title 5, United States Code. a position on the date of enactment of this land Security and Governmental Affairs and ‘‘(B) ALLOWANCES IN NONFOREIGN AREAS.— section that is selected to be converted to a the Committee on Appropriations of the Sen- An employee in a qualified position whose position in the excepted service under this ate and the Committee on Homeland Secu- rate of basic pay is fixed under paragraph section shall have the right to refuse such rity and the Committee on Appropriations of (2)(A) shall be eligible for an allowance under conversion. the House of Representatives. section 5941 of title 5, United States Code, on ‘‘(2) SUBSEQUENT CONVERSION.—After the ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— the same basis and to the same extent as if date on which an individual who refuses a The term ‘collective bargaining agreement’ the employee was an employee covered by conversion under paragraph (1) stops serving has the meaning given that term in section such section 5941, including eligibility condi- in the position selected to be converted, the 7103(a)(8) of title 5, United States Code. tions, allowance rates, and all other terms position may be converted to a position in ‘‘(3) EXCEPTED SERVICE.—The term ‘ex- and conditions in law or regulation. the excepted service. ‘‘(4) PLAN FOR EXECUTION OF AUTHORITIES.— cepted service’ has the meaning given that ‘‘(f) STUDY AND REPORT.—Not later than 120 Not later than 120 days after the date of en- term in section 2103 of title 5, United States days after the date of enactment of this sec- actment of this section, the Secretary shall Code. tion, the National Protection and Programs submit a report to the appropriate commit- ‘‘(4) PREFERENCE ELIGIBLE.—The term ‘pref- Directorate shall submit a report regarding tees of Congress with a plan for the use of erence eligible’ has the meaning given that the availability of, and benefits (including the authorities provided under this sub- term in section 2108 of title 5, United States cost savings and security) of using, cyberse- section. Code. curity personnel and facilities outside of the ‘‘(5) COLLECTIVE BARGAINING AGREEMENTS.— ‘‘(5) QUALIFIED POSITION.—The term ‘quali- National Capital Region (as defined in sec- Nothing in paragraph (1) may be construed fied position’ means a position, designated tion 2674 of title 10, United States Code) to to impair the continued effectiveness of a by the Secretary for the purpose of this sec- serve the Federal and national need to— collective bargaining agreement with respect tion, in which the incumbent performs, man- ‘‘(1) the Subcommittee on Homeland Secu- to an office, component, subcomponent, or ages, or supervises functions that execute rity of the Committee on Appropriations and equivalent of the Department that is a suc- the responsibilities of the Department relat- the Committee on Homeland Security and cessor to an office, component, subcompo- ing to cybersecurity. Governmental Affairs of the Senate; and nent, or equivalent of the Department cov- ‘‘(6) SENIOR EXECUTIVE SERVICE.—The term ‘‘(2) the Subcommittee on Homeland Secu- ered by the agreement before the succession. ‘Senior Executive Service’ has the meaning rity of the Committee on Appropriations and ‘‘(6) REQUIRED REGULATIONS.—The Sec- given that term in section 2101a of title 5, the Committee on Homeland Security of the retary, in coordination with the Director of United States Code. House of Representatives.’’. ‘‘(b) GENERAL AUTHORITY.— the Office of Personnel Management, shall (b) CONFORMING AMENDMENT.—Section ‘‘(1) ESTABLISH POSITIONS, APPOINT PER- prescribe regulations for the administration of this section. 3132(a)(2) of title 5, United States Code, is SONNEL, AND FIX RATES OF PAY.— amended in the matter following subpara- ‘‘(A) GENERAL AUTHORITY.—The Secretary ‘‘(c) ANNUAL REPORT.—Not later than 1 graph (E)— may— year after the date of enactment of this sec- (1) in clause (i), by striking ‘‘or’’ at the ‘‘(i) establish, as positions in the excepted tion, and every year thereafter for 4 years, end; service, such qualified positions in the De- the Secretary shall submit to the appro- (2) in clause (ii), by inserting ‘‘or’’ after partment as the Secretary determines nec- priate committees of Congress a detailed re- the semicolon; and essary to carry out the responsibilities of the port that— (3) by inserting after clause (ii) the fol- Department relating to cybersecurity, in- ‘‘(1) discusses the process used by the Sec- lowing: cluding positions formerly identified as— retary in accepting applications, assessing ‘‘(iii) any position established as a quali- ‘‘(I) senior level positions designated under candidates, ensuring adherence to veterans’ fied position in the excepted service by the section 5376 of title 5, United States Code; preference, and selecting applicants for va- Secretary of Homeland Security under sec- and cancies to be filled by an individual for a tion 226 of the Homeland Security Act of ‘‘(II) positions in the Senior Executive qualified position; 2002;’’. Service; ‘‘(2) describes— ‘‘(ii) appoint an individual to a qualified ‘‘(A) how the Secretary plans to fulfill the (c) TABLE OF CONTENTS AMENDMENT.—The position (after taking into consideration the critical need of the Department to recruit table of contents in section 1(b) of the Home- availability of preference eligibles for ap- and retain employees in qualified positions; land Security Act of 2002 (6 U.S.C. 101 et seq.) pointment to the position); and ‘‘(B) the measures that will be used to is amended by inserting after the item relat- ‘‘(iii) subject to the requirements of para- measure progress; and ing to section 225 the following: graphs (2) and (3), fix the compensation of an ‘‘(C) any actions taken during the report- ‘‘Sec. 226. Cybersecurity recruitment and re- individual for service in a qualified position. ing period to fulfill such critical need; tention.’’.

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.005 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8949 SEC. 4. HOMELAND SECURITY CYBERSECURITY (2) GUIDANCE.—The Director shall provide national borders between Mexico and WORKFORCE ASSESSMENT. the Secretary with timely guidance for iden- Canada and 2,000 miles of coastal (a) SHORT TITLE.—This section may be tifying Cybersecurity Work Categories and cited as the ‘‘Homeland Security Cybersecu- waters surrounding Florida and Puerto Specialty Areas of critical need, including— Rico. rity Workforce Assessment Act’’. (A) current Cybersecurity Work Categories (b) DEFINITIONS.—In this section: and Specialty Areas with acute skill short- Properly paying Border Patrol agents (1) APPROPRIATE CONGRESSIONAL COMMIT- ages; and and responsibly managing a payroll TEES.—The term ‘‘appropriate congressional (B) Cybersecurity Work Categories and system are critical to the mission of committees’’ means— Specialty Areas with emerging skill short- the United States Customs and Border (A) the Committee on Homeland Security ages. Patrol, often referred to as CBP. and Governmental Affairs of the Senate; (3) CYBERSECURITY CRITICAL NEEDS RE- (B) the Committee on Homeland Security Thirteen months ago, November 20, PORT.—Not later than 18 months after the of the House of Representatives; and 2013, the Subcommittee on National date of the enactment of this Act, the Sec- (C) the Committee on House Administra- Security held a hearing to examine the retary, in consultation with the Director, tion of the House of Representatives. Border Patrol’s compensation policies. shall— (2) CYBERSECURITY WORK CATEGORY; DATA (A) identify Specialty Areas of critical The hearing focused on a report by the ELEMENT CODE; SPECIALTY AREA.—The terms need for cybersecurity workforce across the Office of Special Counsel documenting ‘‘Cybersecurity Work Category’’, ‘‘Data Ele- Department; and abuse of a type of overtime within the ment Code’’, and ‘‘Specialty Area’’ have the (B) submit a progress report on the imple- Border Patrol. meanings given such terms in the Office of mentation of this subsection to the appro- Personnel Management’s Guide to Data The OSC testified to longstanding priate congressional committees. Standards. abuse of overtime within the Border (e) GOVERNMENT ACCOUNTABILITY OFFICE (3) DEPARTMENT.—The term ‘‘Department’’ Patrol, including by headquarters em- STATUS REPORTS.—The Comptroller General means the Department of Homeland Secu- ployees who regularly extended their of the United States shall— rity. (1) analyze and monitor the implementa- day by roughly 2 hours and padding (4) DIRECTOR.—The term ‘‘Director’’ means tion of subsections (c) and (d); and their paychecks by an additional 25 the Director of the Office of Personnel Man- (2) not later than 3 years after the date of percent. agement. the enactment of this Act, submit a report Administratively uncontrollable (5) SECRETARY.—The term ‘‘Secretary’’ to the appropriate congressional committees overtime, AUO, was established more means the Secretary of Homeland Security. that describes the status of such implemen- (c) NATIONAL CYBERSECURITY WORKFORCE than 40 years ago to pay employees for tation. MEASUREMENT INITIATIVE.— ‘‘irregular, unscheduled, but necessary (1) IN GENERAL.—The Secretary shall— The SPEAKER pro tempore. Pursu- overtime.’’ The Department of Home- (A) identify all cybersecurity workforce ant to the rule, the gentleman from land Security is one of the largest positions within the Department; Utah (Mr. CHAFFETZ) and the gentle- users of AUO within the Federal Gov- (B) determine the primary Cybersecurity woman from the District of Columbia ernment, with Border Patrol account- Work Category and Specialty Area of such (Ms. NORTON) each will control 20 min- ing for more than 75 percent of the paid positions; and utes. (C) assign the corresponding Data Element AUO. Code, as set forth in the Office of Personnel The Chair recognizes the gentleman Border Patrol agents receive between Management’s Guide to Data Standards from Utah. 10 and 25 percent of their basic pay which is aligned with the National Initiative GENERAL LEAVE through AUO, depending on the aver- for Cybersecurity Education’s National Cy- Mr. CHAFFETZ. Mr. Speaker, I ask age number of irregular overtime per- bersecurity Workforce Framework report, in unanimous consent that all Members formed per week. Generally, agents accordance with paragraph (2). may have 5 legislative days within themselves are responsible for recog- (2) EMPLOYMENT CODES.— which to revise and extend their re- nizing without supervision the cir- (A) PROCEDURES.—Not later than 90 days after the date of the enactment of this Act, marks and include extraneous mate- cumstances which require them to re- the Secretary shall establish procedures— rials on the bill under consideration. main on duty beyond regular hours. (i) to identify open positions that include The SPEAKER pro tempore. Is there They are down on the border; they cybersecurity functions (as defined in the objection to the request of the gen- are pursuing somebody who is coming OPM Guide to Data Standards); and tleman from Utah? across illegally. You can’t just say, (ii) to assign the appropriate employment There was no objection. ‘‘Well, time to go home.’’ Oftentimes, code to each such position, using agreed Mr. CHAFFETZ. Mr. Speaker, I yield they work for hours and hours in con- standards and definitions. myself such time as I may consume. tinued pursuit of these people that had (B) CODE ASSIGNMENTS.—Not later than 9 Mr. Speaker, we love the Border Pa- come across illegally. months after the date of the enactment of this Act, the Secretary shall assign the ap- trol and the men and women who serve Under AUO, most agents earn up to propriate employment code to— on the Border Patrol. We cannot thank 25 percent of their base salary for time (i) each employee within the Department them enough for the hard and tough worked in excess of 80 hours in a pay who carries out cybersecurity functions; and duties that they provide. It is difficult. period. Agents may earn additional (ii) each open position within the Depart- It is hard. overtime compensation that is gen- ment that have been identified as having cy- I have been out there in Arizona as erally paid at 50 percent above the reg- bersecurity functions. they do this out on ATVs, chasing drug ular rate. Total overtime costs for Bor- (3) PROGRESS REPORT.—Not later than 1 runners. It is amazing what they do der Patrol agents, including pay and year after the date of the enactment of this Act, the Director shall submit a progress re- and how they do it. We love them, and benefits, was $627 million in 2013 while port on the implementation of this sub- the bill before us, Mr. Speaker, is a total compensation costs for those section to the appropriate congressional good bill to help them and their fami- agents was $3.1 billion in that same committees. lies, provide a better service to them year. (d) IDENTIFICATION OF CYBERSECURITY SPE- and their families, but actually save During the hearing, it became clear CIALTY AREAS OF CRITICAL NEED.— some money for the Federal Govern- that AUO is ill-suited to be meet the (1) IN GENERAL.—Beginning not later than 1 ment. This is truly a bill, Mr. Speaker, needs of today’s Border Patrol. In re- year after the date on which the employment codes are assigned to employees pursuant to that is a win-win situation. I am hon- sponse, I joined with Senators TESTER subsection (c)(2)(B), and annually through ored to have that bill before us today, and MCCAIN in introducing legislation 2021, the Secretary, in consultation with the and I urge my colleagues to support it. to provide Border Patrol a cost-effec- Director, shall— The Border Patrol Agent Pay Reform tive and flexible overtime system (A) identify Cybersecurity Work Cat- Act of 2014 would replace Border Pa- called the Border Patrol Agent Pay Re- egories and Specialty Areas of critical need trol’s current pay system and create a form Act. DHS pledged to work with in the Department’s cybersecurity work- consistent and reliable pay system, en- the committee to find a solution at an force; and hance border security, and save tax- affordable cost, and that is why we are (B) submit a report to the Director that— payers literally hundreds of millions of (i) describes the Cybersecurity Work Cat- here today. egories and Specialty Areas identified under dollars. Mr. Speaker, under current law, Bor- subparagraph (A); and Established in 1924, today’s Border der Patrol agents who work beyond 85.5 (ii) substantiates the critical need designa- Patrol relies on roughly 21,000 agents hours to meet mission requirements tions. to secure some 6,000 miles of inter- are generally paid time and a half.

VerDate Sep 11 2014 01:28 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.005 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8950 CONGRESSIONAL RECORD — HOUSE December 10, 2014 Under the bill, agents will annually work from Senator TESTER and Sen- academies and fitness instructors from elect one of three pay options: number ator MCCAIN, who cares deeply about working more than 80 hours per pay pe- one, work 100 hours per biweekly pay Border Patrol issues, and certainly riod unless the staffing plan shows a period and increase their base salary Senator CARPER for making this a re- need for these employees to work addi- by 25 percent; work 90 hours and re- ality. It is an honor to have this bill tional hours. ceive a 12.5 percent base salary in- before us today. The legislation would also provide crease; or work no overtime at all. I reserve the balance of my time. Customs and Border Protection with Unscheduled overtime will be treated Ms. NORTON. Mr. Speaker, I yield flexibility to lower the staffing floor as comp time with no monetary com- myself such time as I may consume. set by the bill if the staffing plan pensation. The bill eliminates Fair Mr. Speaker, I thank my good friend, shows that the agency can meet its Labor Standards Act overtime which Mr. CHAFFETZ, for not only coming for- operational requirements in a given lo- results in significant savings to the ward to manage this bill, but I thank cation with fewer man-hours. taxpayer. him because he is the sponsor of a bi- S. 1691 would also require Customs The Border Patrol Agent Pay Reform partisan bill very similar to the bill be- and Border Protection, in consultation Act generally requires 90 percent of fore us today, H.R. 3463; and I rise in with the Office of Personnel Manage- Border Patrol agents to work 100 hours strong support of S. 1691, the Border ment, to develop a plan to prevent Bor- each per pay period while CBP expects Patrol Agent Pay Reform Act of 2014, a der Patrol agents from artificially that most remaining agents would bipartisan bill sponsored by Senators boosting their retirement annuities by work 90 hours per pay period. This TESTER and MCCAIN. selecting a higher rate of pay than staffing floor will allow supervisors to S. 1691 would enhance the Custom they had historically within 3 years of more effectively plan border security and Border Protection’s ability to se- being eligible to retire. The Govern- operations. cure and patrol more than 6,000 miles ment Accountability Office would be To help ensure accountability, the of our Nation’s borders between Mexico required to review this plan and to re- bill requires the Border Patrol to un- and Canada, and 2,000 miles of our port to Congress on its effectiveness. dertake a detailed assessment of its coastal waters surrounding Florida and An amendment introduced by Sen- operational requirements and staffing Puerto Rico. It would also respond to ator CARPER also would add provisions needs at every Border Patrol station the growing threat of cyber attacks. allowing the Department of Homeland within 1 year of enactment and submit This legislation, which is supported by Security to recruit and retain cyber it to Congress for review. the administration and the Border Pa- professionals by granting authority to trol Council, would also save the Amer- hire qualified experts on an expedited b 1230 ican taxpayers about $100 million annu- basis and to pay them competitive sal- The GAO will examine CBP’s meth- ally, according to the Congressional aries, wages, and incentives. The legis- odology and analysis and within 90 Budget Office. lation also would require the Depart- days submit a report to Congress indi- The bill would dramatically simplify ment to report annually on the pro- cating whether GAO concurs with the current pay system for our coun- gram’s progress. CBP’s assessments. Border Patrol has try’s more than 21,000 courageous Bor- S. 1691 would provide much-needed flexibility in the staffing floor based on der Patrol agents by eliminating com- reform to the compensation of Border the results of that assessment. pensation for overtime through what is Patrol agents and ensure that the De- The bill grants CBP management au- called administratively uncontrollable partment of Homeland Security has thority to unilaterally assign agents to overtime. Under a newly created pay the personnel it needs to deal with in- work additional hours if the security system, Border Patrol agents would creasing cyber attacks. situation along the border necessitates have three work schedule and com- I urge my colleagues on both sides of it. The bill reflects months of negotia- pensation options. They could choose the aisle to join me in supporting this tion and congressional review and is to, one, work 100 hours for each pay pe- bipartisan legislation. supported by the National Border Pa- riod and receive an increase in base sal- I reserve the balance of my time. trol Council. ary by 25 percent; two, work 90 hours Mr. CHAFFETZ. Mr. Speaker, I yield I personally cannot thank the Na- each pay period and receive an increase myself such time as I may consume, tional Border Patrol Council enough in base salary by 12.5 percent; or three, and I want to continue to thank some for their good work, tenacity on this work 80 hours per pay period with no other Members for making this pos- issue, and their deep desire to make overtime. All unscheduled overtime sible. the agents’ lives better. They represent worked beyond these hours would be YVETTE CLARKE has been very help- some 17,000 agents. CBO estimated that treated as compensatory time off, with ful. She worked diligently on H.R. 3107, implementing the Senate bill, S. 1691, an annual maximum of 240 hours. which passed 395–8. It has been included would save roughly $100 million per The legislation would also set a min- in the Senate version, and I am glad to year. Costs would decline under Senate imum staffing requirement requiring have her involvement in this. bill S. 1691 mostly because Border Pa- that at least 90 percent of Border Pa- I also want to thank BLAKE trol agents would no longer receive trol agents in any given location work FARENTHOLD for his good work on this. compensation required under the 100 hours every pay period to ensure Coming from Texas, he cares deeply FLSA. that Customs and Border Protection about these issues and was very helpful This is an important bill, Mr. Speak- has the man-hours it needs to respond in supporting it. er. There is a lot of good, bipartisan to threats and to secure the border. I reserve the balance of my time. support. If I am not mistaken, it passed Under this new system, Border Pa- Ms. NORTON. Mr. Speaker, I am unanimously in the Senate. We have trol agents would work millions of pleased to yield 2 minutes to the gen- held hearings in the Oversight and hours longer than they do today, which tleman from Texas (Mr. O’ROURKE), an Government Reform Committee. I equates to adding 1,500 agents to patrol original cosponsor of H.R. 3463, the want to personally thank Chairman the Nation’s borders. House companion version of S. 1691. ISSA for his good work. I also want to S. 1691 would require Customs and Mr. O’ROURKE. Mr. Speaker, I thank thank Leader MCCARTHY and Speaker Border Protection to submit to Con- Congresswoman NORTON for her work BOEHNER for allowing this bill to come gress a staffing plan detailing the agen- in managing this bill on the floor today to the floor. Homeland Security Chair- cy’s operational and staffing require- and for yielding me this time to speak man MCCAUL and Congresswoman MIL- ments to ensure hours worked matched in support of it. And I especially want LER have been pivotal on this. Members the agency’s needs. The Government to thank my colleague Mr. CHAFFETZ from both sides of the aisle, like DAVE Accountability Office would also be re- from the State of Utah for his work on REICHERT, Mr. O’ROURKE, and RON BAR- quired to review the plan as an inde- the House version of this bill. BER have worked hard on this issue and pendent check. On behalf of my community in El care about this as well. I, again, appre- This bill would also address concerns Paso, Texas, and especially on behalf of ciate their bipartisan support. And bi- regarding past abuses by prohibiting the Border Patrol agents, more than cameral support, there has been good agents at headquarters and training 2,500 in my community, I want to give

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.021 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8951 you our thanks from the largest city guished ranking member from the Dis- need to put in place legislation to ad- on the U.S.-Mexico border. trict of Columbia, Ms. HOLMES NORTON, vance the ball with respect to pro- I support this bill because I do rep- for yielding me this time, and I want to tecting Federal civilian networks and resent more than 2,500 agents in El thank the gentleman from Utah (Mr. codifying DHS’ role. Paso. In addition, for the more than CHAFFETZ) for his leadership on these b 1245 21,000 agents on our northern and very important matters of homeland southern borders, this is an important security. Mr. CHAFFETZ. Mr. Speaker, I re- bill that provides a consistent and reli- I rise today in support of S. 1691, and serve the balance of my time. Ms. NORTON. Mr. Speaker, I yield able pay system that addresses prob- I am pleased that today we are consid- myself as much time as I may con- ering legislation containing language I lems in administratively uncontrol- sume. lable overtime and provides more pre- introduced earlier this year to address I want to say how much I appreciate dictable work schedules for our Border fundamental cyber workforce chal- the views of the two Members who have Patrol agents. lenges at the Department of Homeland spoken, the bipartisan way in which We ask these brave men and women Security. Important parts of my bipar- this bill has been handled in the House to put their lives on the line to do what tisan bill, H.R. 3107, the Homeland Se- and in the Senate, and look forward to I think is the toughest job in Federal curity Cybersecurity Boots-on-the- more bipartisanship to come, Mr. employment, but so far we have failed Ground Act, are included in the meas- CHAFFETZ. to provide financial certainty both to ure we are considering today. I yield back the balance of my time. those agents and to their families. The cyber workforce language in- Mr. CHAFFETZ. Mr. Speaker, I yield I want to remind my colleagues that cluded in S. 1691 generally does two im- myself such time as I may consume. El Paso, Texas, the community I have portant things. First, it grants special In conclusion, I thank the gentle- the honor of representing, which is hiring authority to DHS to bring on woman from Washington, D.C. I look conjoined with Ciudad Juarez to form board topnotch cyber recruits. The De- forward to working with her on a host the largest truly binational commu- partment desperately needs a more of issues as we serve on the same com- nity in the world, is the safest city in flexible hiring process with incentives mittee. I can only hope that as many of the State of Texas today. It is the to secure talent in today’s highly com- them can be as bipartisan as possible. safest city in the United States, and petitive cyber skills market. Second, it We both have a tenacious nature to that is not an anomaly. It has been the requires the Secretary of the Depart- fight to represent the constituencies safest city in America 4 years running, ment to assess its cyber workforce to which we represent, and do so in the and we have, in large part, to thank give Congress and the Office of Per- spirit of making this country better. the Border Patrol agents who help to sonnel Management a clearer picture Really, that is the reason that this secure our border for that. Not only do of the needs and challenges that DHS bill has come here today with good, they keep our communities and our faces in carrying out its important broad bipartisan support. I cannot country secure, they do it in a very cyber mission in helping protect both thank enough Brandon Judd from the professional way. In 2013, there were the dot-gov and dot-com arenas. National Border Patrol Council. He exactly zero complaints filed against Importantly, the bill also directs the heads that group. He has been abso- the Border Patrol in the El Paso sec- Comptroller General to analyze, mon- lutely wonderful on this issue, good tor. So I want to thank them for the itor, and report on the implementation leadership from him. It is my honor to recommend to my great job that they do. of DHS cybersecurity workforce meas- colleagues and urge all Members to This bill creates a reliable pay sys- ures. Today, many of the Department’s top support the passage of S. 1691. tem that responsibly secures our bor- With that, I yield back the balance of cyber positions are filled by nonperma- der. Supporting our agents, which this my time. bill does, is the key to keeping our bor- nent contractors, and DHS reports hav- The SPEAKER pro tempore. The der communities and our country safe. ing difficulty competing with other ex- question is on the motion offered by Mr. CHAFFETZ. Mr. Speaker, I yield ecutive branch agencies and the pri- the gentleman from Utah (Mr. myself such time as I may consume. vate sector for talent. In an effort to CHAFFETZ) that the House suspend the I want to thank Mr. O’ROURKE for his address DHS’s cyber workforce chal- rules and pass the bill, S. 1691. passion on this issue. He is a fine gen- lenges, the Department asked the The question was taken; and (two- tleman to work with on these types of Homeland Security Advisory Com- thirds being in the affirmative) the issues and others. I am happy to serve mittee to assemble a task force on rules were suspended and the bill was with him on both Homeland Security cyber skills to provide recommenda- passed. and in this body. I thank him for his tions on the best ways DHS can foster A motion to reconsider was laid on good work. the development of a national cyberse- the table. There has been good bipartisan work curity workforce and DHS can improve f on both sides of the aisle and in both its capability to recruit and retain cy- bodies to get to this point today. bersecurity talent. INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEARS 2014 I also thank ELEANOR HOLMES NOR- The legislation I introduced sought AND 2015 TON for her personal commitment to to address a number of the task force’s these issues, and Federal workers in key recommendations, as does this bill, Mr. ROGERS of Michigan. Mr. general. S. 1691. Cybersecurity is a complex mis- Speaker, I move to suspend the rules This truly is a win-win situation. We sion for the Department and requires a and concur in the Senate amendment make life better for Border Patrol wide range of talent at all levels. Given to the bill (H.R. 4681) to authorize ap- agents and their families. We give the urgent nature of the DHS’ recruit- propriations for fiscal years 2014 and more certainty to them and their fami- ment efforts, it is essential the Depart- 2015 for intelligence and intelligence- lies to help them with their mortgages. ment have at its disposal certain hiring related activities of the United States We also happen to save money for the authorities and training procedures in Government, the Community Manage- American taxpayer. I appreciate the place. ment Account, and the Central Intel- creativity and good work to get to this Before I close, I would like to ac- ligence Agency Retirement and Dis- point. knowledge that there is a lot of inter- ability System, and for other purposes. I reserve the balance of my time. est on our side of the aisle to make The Clerk read the title of the bill. Ms. NORTON. Mr. Speaker, I am progress on cybersecurity. Hopefully, The text of the Senate amendment is as follows: pleased to yield 3 minutes to the gen- in the coming days, old jurisdictional Senate amendment: tlewoman from New York (Ms. squabbles can be laid aside for the bet- Strike all after the enacting clause and in- CLARKE), the ranking member of the terment of the country, as was done on sert the following: Cybersecurity Subcommittee of the this bill, and again, the Oversight Com- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Committee on Homeland Security. mittee can work with the Homeland (a) SHORT TITLE.—This Act may be cited as Ms. CLARKE of New York. Mr. Security Committee to bring forth the ‘‘Intelligence Authorization Act for Fiscal Speaker, I want to thank the distin- critical cybersecurity legislation. We Year 2015’’.

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(b) TABLE OF CONTENTS.—The table of con- (1) CONGRESSIONAL INTELLIGENCE COMMIT- ment of civilian personnel in excess of the num- tents for this Act is as follows: TEES.—The term ‘‘congressional intelligence ber authorized for fiscal year 2015 by the classi- Sec. 1. Short title; table of contents. committees’’ means— fied Schedule of Authorizations referred to in Sec. 2. Definitions. (A) the Select Committee on Intelligence of the section 102(a) if the Director of National Intel- Sec. 3. Budgetary effects. Senate; and ligence determines that such action is necessary (B) the Permanent Select Committee on Intel- TITLE I—INTELLIGENCE ACTIVITIES to the performance of important intelligence ligence of the House of Representatives. functions, except that the number of personnel Sec. 101. Authorization of appropriations. (2) INTELLIGENCE COMMUNITY.—The term ‘‘in- employed in excess of the number authorized Sec. 102. Classified Schedule of Authorizations. telligence community’’ has the meaning given under such section may not, for any element of Sec. 103. Personnel ceiling adjustments. that term in section 3(4) of the National Security the intelligence community, exceed 3 percent of Sec. 104. Intelligence Community Management Act of 1947 (50 U.S.C. 3003(4)). the number of civilian personnel authorized Account. SEC. 3. BUDGETARY EFFECTS. under such Schedule for such element. TITLE II—CENTRAL INTELLIGENCE AGEN- The budgetary effects of this Act, for the pur- REATMENT OF CERTAIN PERSONNEL.—The CY RETIREMENT AND DISABILITY SYS- pose of complying with the Statutory Pay-As- (b) T TEM You-Go-Act of 2010, shall be determined by ref- Director of National Intelligence shall establish guidelines that govern, for each element of the Sec. 201. Authorization of appropriations. erence to the latest statement titled ‘‘Budgetary intelligence community, the treatment under the TITLE III—GENERAL PROVISIONS Effects of PAYGO Legislation’’ for this Act, sub- mitted for printing in the Congressional Record personnel levels authorized under section 102(a), Subtitle A—General Matters by the Chairman of the Senate Budget Com- including any exemption from such personnel Sec. 301. Increase in employee compensation mittee, provided that such statement has been levels, of employment or assignment in— and benefits authorized by law. submitted prior to the vote on passage. (1) a student program, trainee program, or Sec. 302. Restriction on conduct of intelligence TITLE I—INTELLIGENCE ACTIVITIES similar program; activities. Sec. 303. National intelligence strategy. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (2) a reserve corps or as a reemployed annu- Sec. 304. Software licensing. Funds are hereby authorized to be appro- itant; or Sec. 305. Reporting of certain employment ac- priated for fiscal year 2015 for the conduct of (3) details, joint duty, or long term, full-time tivities by former intelligence offi- the intelligence and intelligence-related activi- training. cers and employees. ties of the following elements of the United (c) NOTICE TO CONGRESSIONAL INTELLIGENCE Sec. 306. Inclusion of Predominantly Black In- States Government: stitutions in intelligence officer (1) The Office of the Director of National In- COMMITTEES.—The Director of National Intel- training program. telligence. ligence shall notify the congressional intel- Sec. 307. Management and oversight of finan- (2) The Central Intelligence Agency. ligence committees in writing at least 15 days cial intelligence. (3) The Department of Defense. prior to each exercise of an authority described Sec. 308. Analysis of private sector policies and (4) The Defense Intelligence Agency. in subsection (a). procedures for countering insider (5) The National Security Agency. (6) The Department of the Army, the Depart- SEC. 104. INTELLIGENCE COMMUNITY MANAGE- threats. MENT ACCOUNT. Sec. 309. Procedures for the retention of inci- ment of the Navy, and the Department of the dentally acquired communica- Air Force. (a) AUTHORIZATION OF APPROPRIATIONS.— tions. (7) The Coast Guard. There is authorized to be appropriated for the Sec. 310. Clarification of limitation of review to (8) The Department of State. Intelligence Community Management Account retaliatory security clearance or (9) The Department of the Treasury. of the Director of National Intelligence for fiscal access determinations. (10) The Department of Energy. year 2015 the sum of $507,400,000. Within such (11) The Department of Justice. Sec. 311. Feasibility study on consolidating amount, funds identified in the classified Sched- (12) The Federal Bureau of Investigation. classified databases of cyber ule of Authorizations referred to in section (13) The Drug Enforcement Administration. threat indicators and malware 102(a) for advanced research and development (14) The National Reconnaissance Office. samples. shall remain available until September 30, 2016. (15) The National Geospatial-Intelligence Sec. 312. Sense of Congress on cybersecurity Agency. (b) AUTHORIZED PERSONNEL LEVELS.—The ele- threat and cybercrime cooperation (16) The Department of Homeland Security. ments within the Intelligence Community Man- with Ukraine. agement Account of the Director of National In- Sec. 313. Replacement of locally employed staff SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- TIONS. telligence are authorized 794 positions as of Sep- serving at United States diplo- (a) SPECIFICATIONS OF AMOUNTS AND PER- tember 30, 2015. Personnel serving in such ele- matic facilities in the Russian SONNEL LEVELS.—The amounts authorized to be ments may be permanent employees of the Office Federation. appropriated under section 101 and, subject to of the Director of National Intelligence or per- Sec. 314. Inclusion of Sensitive Compartmented section 103, the authorized personnel ceilings as sonnel detailed from other elements of the Information Facilities in United of September 30, 2015, for the conduct of the in- United States Government. States diplomatic facilities in the telligence activities of the elements listed in Russian Federation and adjacent (c) CLASSIFIED AUTHORIZATIONS.— paragraphs (1) through (16) of section 101, are countries. (1) AUTHORIZATION OF APPROPRIATIONS.—In those specified in the classified Schedule of Au- addition to amounts authorized to be appro- Subtitle B—Reporting thorizations prepared to accompany the bill priated for the Intelligence Community Manage- Sec. 321. Report on declassification process. H.R. 4681 of the One Hundred Thirteenth Con- ment Account by subsection (a), there are au- Sec. 322. Report on intelligence community effi- gress. thorized to be appropriated for the Community cient spending targets. (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF Management Account for fiscal year 2015 such Sec. 323. Annual report on violations of law or AUTHORIZATIONS.— executive order. (1) AVAILABILITY.—The classified Schedule of additional amounts as are specified in the clas- Sec. 324. Annual report on intelligence activi- Authorizations referred to in subsection (a) sified Schedule of Authorizations referred to in ties of the Department of Home- shall be made available to the Committee on Ap- section 102(a). Such additional amounts for ad- land Security. propriations of the Senate, the Committee on vanced research and development shall remain Sec. 325. Report on political prison camps in Appropriations of the House of Representatives, available until September 30, 2016. North Korea. and to the President. (2) AUTHORIZATION OF PERSONNEL.—In addi- Sec. 326. Assessment of security of domestic oil (2) DISTRIBUTION BY THE PRESIDENT.—Subject tion to the personnel authorized by subsection refineries and related rail trans- to paragraph (3), the President shall provide for (b) for elements of the Intelligence Community portation infrastructure. suitable distribution of the classified Schedule of Management Account as of September 30, 2015, Sec. 327. Enhanced contractor level assessments Authorizations, or of appropriate portions of the there are authorized such additional personnel for the intelligence community. Schedule, within the executive branch. for the Community Management Account as of Sec. 328. Assessment of the efficacy of memo- (3) LIMITS ON DISCLOSURE.—The President that date as are specified in the classified randa of understanding to facili- shall not publicly disclose the classified Sched- Schedule of Authorizations referred to in section tate intelligence-sharing. ule of Authorizations or any portion of such 102(a). Sec. 329. Report on foreign man-made electro- Schedule except— magnetic pulse weapons. (A) as provided in section 601(a) of the Imple- TITLE II—CENTRAL INTELLIGENCE AGEN- Sec. 330. Report on United States counterter- menting Recommendations of the 9/11 Commis- CY RETIREMENT AND DISABILITY SYS- rorism strategy to disrupt, dis- sion Act of 2007 (50 U.S.C. 3306(a)); TEM mantle, and defeat al-Qaeda and (B) to the extent necessary to implement the its affiliated or associated groups. budget; or SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Sec. 331. Feasibility study on retraining vet- (C) as otherwise required by law. There is authorized to be appropriated for the erans in cybersecurity. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. Central Intelligence Agency Retirement and Dis- SEC. 2. DEFINITIONS. (a) AUTHORITY FOR INCREASES.—The Director ability Fund for fiscal year 2015 the sum of In this Act: of National Intelligence may authorize employ- $514,000,000.

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6333 E:\CR\FM\A10DE7.006 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8953 TITLE III—GENERAL PROVISIONS ‘‘(A) increasing the centralization of the man- are directly or indirectly supervised, directed, Subtitle A—General Matters agement of software licenses; controlled, financed, or subsidized, in whole or ‘‘(B) increasing the regular tracking and in major part, by any government of a foreign SEC. 301. INCREASE IN EMPLOYEE COMPENSA- maintaining of comprehensive inventories of TION AND BENEFITS AUTHORIZED country. BY LAW. software licenses using automated discovery and ‘‘(2) COVERED POSITION.—The term ‘covered Appropriations authorized by this Act for sal- inventory tools and metrics; position’ means a position within an element of ary, pay, retirement, and other benefits for Fed- ‘‘(C) analyzing software license data to inform the intelligence community that, based on the eral employees may be increased by such addi- investment decisions; and level of access of a person occupying such posi- tional or supplemental amounts as may be nec- ‘‘(D) providing appropriate personnel with tion to information regarding sensitive intel- essary for increases in such compensation or sufficient software licenses management train- ligence sources or methods or other exception- benefits authorized by law. ing; and’’; ally sensitive matters, the head of such element (2) in subsection (b)— determines should be subject to the requirements SEC. 302. RESTRICTION ON CONDUCT OF INTEL- (A) in paragraph (1), by striking ‘‘; and’’ and LIGENCE ACTIVITIES. of this section. inserting a semicolon; ‘‘(3) GOVERNMENT OF A FOREIGN COUNTRY.— The authorization of appropriations by this (B) in paragraph (2), by striking ‘‘usage.’’ The term ‘government of a foreign country’ has Act shall not be deemed to constitute authority and inserting ‘‘usage, including— the meaning given the term in section 1(e) of the for the conduct of any intelligence activity ‘‘(A) increasing the centralization of the man- Foreign Agents Registration Act of 1938 (22 which is not otherwise authorized by the Con- agement of software licenses; U.S.C. 611(e)).’’. stitution or the laws of the United States. ‘‘(B) increasing the regular tracking and (b) REGULATIONS AND CERTIFICATION.— SEC. 303. NATIONAL INTELLIGENCE STRATEGY. maintaining of comprehensive inventories of (1) REGULATIONS.—Not later than 90 days (a) IN GENERAL.—Title I of the National Secu- software licenses using automated discovery and after the date of the enactment of this Act, the rity Act of 1947 (50 U.S.C. 3021 et seq.) is amend- inventory tools and metrics; head of each element of the intelligence commu- ed by inserting after section 108 the following: ‘‘(C) analyzing software license data to inform nity shall issue the regulations required under ‘‘SEC. 108A. NATIONAL INTELLIGENCE STRATEGY. investment decisions; and section 304 of the National Security Act of 1947, ‘‘(a) IN GENERAL.—Beginning in 2017, and ‘‘(D) providing appropriate personnel with as added by subsection (a) of this section. once every 4 years thereafter, the Director of sufficient software licenses management train- (2) CERTIFICATION.—Not later than 180 days National Intelligence shall develop a com- ing; and’’; and after the date of the enactment of this Act, the prehensive national intelligence strategy to meet (C) by adding at the end the following new Director of National Intelligence shall submit to national security objectives for the following 4- paragraph: the congressional intelligence committees— year period, or a longer period, if appropriate. ‘‘(3) based on the assessment required under (A) a certification that each head of an ele- ‘‘(b) REQUIREMENTS.—Each national intel- paragraph (2), make such recommendations ment of the intelligence community has pre- ligence strategy required by subsection (a) with respect to software procurement and usage scribed the regulations required under section shall— to the Director of National Intelligence as the 304 of the National Security Act of 1947, as ‘‘(1) delineate a national intelligence strategy Chief Information Officer considers appro- added by subsection (a) of this section; or consistent with— priate.’’; and (B) if the Director is unable to submit the cer- ‘‘(A) the most recent national security strat- (3) by adding at the end the following new tification described under subparagraph (A), an egy report submitted pursuant to section 108; subsection: explanation as to why the Director is unable to ‘‘(B) the strategic plans of other relevant de- ‘‘(d) IMPLEMENTATION OF RECOMMENDA- submit such certification, including a designa- partments and agencies of the United States; TIONS.—Not later than 180 days after the date tion of which heads of an element of the intel- and on which the Director of National Intelligence ligence community have prescribed the regula- ‘‘(C) other relevant national-level plans; receives recommendations from the Chief Infor- tions required under such section 304 and which ‘‘(2) address matters related to national and mation Officer of the Intelligence Community in have not. military intelligence, including counterintel- accordance with subsection (b)(3), the Director (c) TABLE OF CONTENTS AMENDMENTS.—The ligence; of National Intelligence shall, to the extent table of contents in the first section of the Na- ‘‘(3) identify the major national security mis- practicable, issue guidelines for the intelligence tional Security Act of 1947 is amended— sions that the intelligence community is cur- community on software procurement and usage (1) by striking the second item relating to sec- rently pursuing and will pursue in the future to based on such recommendations.’’. tion 302 (Under Secretaries and Assistant Secre- meet the anticipated security environment; SEC. 305. REPORTING OF CERTAIN EMPLOYMENT taries) and the items relating to sections 304, ‘‘(4) describe how the intelligence community ACTIVITIES BY FORMER INTEL- 305, and 306; and will utilize personnel, technology, partnerships, LIGENCE OFFICERS AND EMPLOY- (2) by inserting after the item relating to sec- and other capabilities to pursue the major na- EES. tion 303 the following new item: (a) RESTRICTION.—Title III of the National Se- tional security missions identified in paragraph ‘‘Sec. 304. Reporting of certain employment ac- (3); curity Act of 1947 (50 U.S.C. 3071 et seq.) is amended by inserting after section 303 the fol- tivities by former intelligence offi- ‘‘(5) assess current, emerging, and future cers and employees.’’. threats to the intelligence community, including lowing new section: SEC. 306. INCLUSION OF PREDOMINANTLY BLACK threats from foreign intelligence and security ‘‘SEC. 304. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY FORMER INTEL- INSTITUTIONS IN INTELLIGENCE OF- services and insider threats; FICER TRAINING PROGRAM. ‘‘(6) outline the organizational roles and mis- LIGENCE OFFICERS AND EMPLOY- EES. Section 1024 of the National Security Act of sions of the elements of the intelligence commu- ‘‘(a) IN GENERAL.—The head of each element 1947 (50 U.S.C. 3224) is amended— nity as part of an integrated enterprise to meet of the intelligence community shall issue regula- (1) in subsection (c)(1), by inserting ‘‘and Pre- customer demands for intelligence products, tions requiring each employee of such element dominantly Black Institutions’’ after ‘‘univer- services, and support; occupying a covered position to sign a written sities’’; and ‘‘(7) identify sources of strategic, institutional, agreement requiring the regular reporting of (2) in subsection (g)— programmatic, fiscal, and technological risk; covered employment to the head of such ele- (A) by redesignating paragraph (4) as para- and ment. graph (5); and ‘‘(8) analyze factors that may affect the intel- ‘‘(b) AGREEMENT ELEMENTS.—The regulations (B) by inserting after paragraph (3) the fol- ligence community’s performance in pursuing required under subsection (a) shall provide that lowing new paragraph: the major national security missions identified an agreement contain provisions requiring each ‘‘(4) PREDOMINANTLY BLACK INSTITUTION.— in paragraph (3) during the following 10-year employee occupying a covered position to, dur- The term ‘Predominantly Black Institution’ has period. ing the two-year period beginning on the date the meaning given the term in section 318 of the ‘‘(c) SUBMISSION TO CONGRESS.—The Director on which such employee ceases to occupy such Higher education Act of 1965 (20 U.S.C. 1059e).’’. of National Intelligence shall submit to the con- covered position— SEC. 307. MANAGEMENT AND OVERSIGHT OF FI- gressional intelligence committees a report on ‘‘(1) report covered employment to the head of NANCIAL INTELLIGENCE. each national intelligence strategy required by the element of the intelligence community that (a) REQUIREMENT FOR PLAN.—Not later than subsection (a) not later than 45 days after the employed such employee in such covered posi- 90 days after the date of the enactment of this date of the completion of such strategy.’’. tion upon accepting such covered employment; Act, the Director of National Intelligence shall (b) TABLE OF CONTENTS AMENDMENTS.—The and prepare a plan for management of the elements table of contents in the first section of the Na- ‘‘(2) annually (or more frequently if the head of the intelligence community that carry out fi- tional Security Act of 1947 is amended by insert- of such element considers it appropriate) report nancial intelligence activities. ing after the item relating to section 108 the fol- covered employment to the head of such ele- (b) CONTENTS OF PLAN.—The plan required by lowing new item: ment. subsection (a) shall establish a governance ‘‘Sec. 108A. National intelligence strategy.’’. ‘‘(c) DEFINITIONS.—In this section: framework, procedures for sharing and harmo- SEC. 304. SOFTWARE LICENSING. ‘‘(1) COVERED EMPLOYMENT.—The term ‘cov- nizing the acquisition and use of financial ana- Section 109 of the National Security Act of ered employment’ means direct employment by, lytic tools, standards for quality of analytic 1947 (50 U.S.C. 3044) is amended— representation of, or the provision of advice re- products, procedures for oversight and evalua- (1) in subsection (a)(2), by striking ‘‘usage; lating to national security to the government of tion of resource allocations associated with the and’’ and inserting ‘‘usage, including— a foreign country or any person whose activities joint development of information sharing efforts

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 6333 E:\CR\FM\A10DE7.006 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8954 CONGRESSIONAL RECORD — HOUSE December 10, 2014 and tools, and an education and training model issued by a court established under subsection Director of National Intelligence, in consulta- for elements of the intelligence community that (a) or (b) of section 103 of the Foreign Intel- tion with the Secretary of Homeland Security, carry out financial intelligence activities. ligence Surveillance Act of 1978 (50 U.S.C. the Director of the National Security Agency, (c) BRIEFING TO CONGRESS.—Not later than 1803)), subpoena, or similar legal process that is the Director of the Central Intelligence Agency, 180 days after the date of the enactment of this reasonably anticipated to result in the acquisi- and the Director of the Federal Bureau of In- Act, the Director of National Intelligence shall tion of a covered communication to or from a vestigation, shall conduct a feasibility study on brief the congressional intelligence committees United States person and shall permit the acqui- consolidating classified databases of cyber on the actions the Director proposes to imple- sition, retention, and dissemination of covered threat indicators and malware samples in the ment the plan required by subsection (a). communications subject to the limitation in sub- intelligence community. SEC. 308. ANALYSIS OF PRIVATE SECTOR POLI- paragraph (B). (b) ELEMENTS.—The feasibility study required CIES AND PROCEDURES FOR COUN- (B) LIMITATION ON RETENTION.—A covered by subsection (a) shall include the following: TERING INSIDER THREATS. communication shall not be retained in excess of (1) An inventory of classified databases of (a) ANALYSIS.—Not later than 180 days after 5 years, unless— cyber threat indicators and malware samples in the date of the enactment of this Act, the Direc- (i) the communication has been affirmatively the intelligence community. tor of National Intelligence, in consultation determined, in whole or in part, to constitute (2) An assessment of actions that could be car- with the National Counterintelligence Execu- foreign intelligence or counterintelligence or is ried out to consolidate such databases to tive, shall submit to the congressional intel- necessary to understand or assess foreign intel- achieve the greatest possible information shar- ligence committees an analysis of private sector ligence or counterintelligence; ing within the intelligence community and cost policies and procedures for countering insider (ii) the communication is reasonably believed savings for the Federal Government. threats. to constitute evidence of a crime and is retained (3) An assessment of any impediments to such (b) CONTENT.—The analysis required by sub- by a law enforcement agency; consolidation. section (a) shall include— (iii) the communication is enciphered or rea- (4) An assessment of whether the Intelligence (1) a review of whether and how the intel- sonably believed to have a secret meaning; Community Information Technology Enterprise ligence community could utilize private sector (iv) all parties to the communication are rea- can support such consolidation. hiring and human resources best practices to sonably believed to be non-United States per- (c) REPORT TO CONGRESS.—Not later than 30 screen, vet, and validate the credentials, capa- sons; days after the date on which the Director of Na- bilities, and character of applicants for positions (v) retention is necessary to protect against an tional Intelligence completes the feasibility involving trusted access to sensitive information; imminent threat to human life, in which case study required by subsection (a), the Director (2) an analysis of private sector policies for both the nature of the threat and the informa- shall submit to the congressional intelligence holding supervisors and subordinates account- tion to be retained shall be reported to the con- committees a written report that summarizes the able for violations of established security proto- gressional intelligence committees not later than feasibility study, including the information re- cols and whether the intelligence community 30 days after the date such retention is extended quired under subsection (b). should adopt similar policies for positions of under this clause; trusted access to sensitive information; (vi) retention is necessary for technical assur- SEC. 312. SENSE OF CONGRESS ON CYBERSECU- RITY THREAT AND CYBERCRIME CO- (3) an assessment of the feasibility and advis- ance or compliance purposes, including a court OPERATION WITH UKRAINE. ability of applying mandatory leave policies, order or discovery obligation, in which case ac- It is the sense of Congress that— similar to those endorsed by the Federal Deposit cess to information retained for technical assur- (1) cooperation between the intelligence and Insurance Corporation and the Securities and ance or compliance purposes shall be reported to law enforcement agencies of the United States Exchange Commission to identify fraud in the the congressional intelligence committees on an and Ukraine should be increased to improve cy- financial services industry, to certain positions annual basis; or bersecurity policies between these two countries; within the intelligence community; and (vii) retention for a period in excess of 5 years (2) the United States should pursue improved (4) recommendations for how the intelligence is approved by the head of the element of the in- extradition procedures among the Governments community could utilize private sector risk indi- telligence community responsible for such reten- of the United States, Ukraine, and other coun- ces, such as credit risk scores, to make deter- tion, based on a determination that retention is tries from which cybercriminals target United minations about employee access to sensitive in- necessary to protect the national security of the States citizens and entities; formation. United States, in which case the head of such (3) the President should— element shall provide to the congressional intel- SEC. 309. PROCEDURES FOR THE RETENTION OF (A) initiate a round of formal United States- INCIDENTALLY ACQUIRED COMMU- ligence committees a written certification de- Ukraine bilateral talks on cybersecurity threat NICATIONS. scribing— and cybercrime cooperation, with additional (a) DEFINITIONS.—In this section: (I) the reasons extended retention is necessary multilateral talks that include other law en- (1) COVERED COMMUNICATION.—The term to protect the national security of the United forcement partners such as Europol and ‘‘covered communication’’ means any nonpublic States; Interpol; and telephone or electronic communication acquired (II) the duration for which the head of the (B) work to obtain a commitment from the without the consent of a person who is a party element is authorizing retention; to the communication, including communica- (III) the particular information to be retained; Government of Ukraine to end cybercrime di- tions in electronic storage. and rected at persons outside Ukraine and to work (2) HEAD OF AN ELEMENT OF THE INTELLIGENCE (IV) the measures the element of the intel- with the United States and other allies to deter COMMUNITY.—The term ‘‘head of an element of ligence community is taking to protect the pri- and convict known cybercriminals; the intelligence community’’ means, as appro- vacy interests of United States persons or per- (4) the President should establish a capacity priate— sons located inside the United States. building program with the Government of Ukraine, which could include— (A) the head of an element of the intelligence SEC. 310. CLARIFICATION OF LIMITATION OF RE- community; or VIEW TO RETALIATORY SECURITY (A) a joint effort to improve cyber capacity (B) the head of the department or agency con- CLEARANCE OR ACCESS DETERMINA- building, including intelligence and law enforce- taining such element. TIONS. ment services in Ukraine; (3) UNITED STATES PERSON.—The term ‘‘United Section 3001(b)(7) of the Intelligence Reform (B) sending United States law enforcement States person’’ has the meaning given that term and Terrorism Prevention Act of 2004 (50 U.S.C. agents to aid law enforcement agencies in in section 101 of the Foreign Intelligence Sur- 3341(b)(7)) is amended— Ukraine in investigating cybercrimes; and veillance Act of 1978 (50 U.S.C. 1801). (1) in the matter preceding subparagraph (A), (C) agreements to improve communications (b) PROCEDURES FOR COVERED COMMUNICA- by striking ‘‘2014—’’ and inserting ‘‘2014, and networks to enhance law enforcement coopera- TIONS.— consistent with subsection (j)—’’; tion, such as a hotline directly connecting law (1) REQUIREMENT TO ADOPT.—Not later than 2 (2) in subparagraph (A), by striking ‘‘to ap- enforcement agencies in the United States and years after the date of the enactment of this Act peal a determination to suspend or revoke a se- Ukraine; and each head of an element of the intelligence com- curity clearance or access to classified informa- (5) the President should establish and main- munity shall adopt procedures approved by the tion’’ and inserting ‘‘alleging reprisal for having tain an intelligence and law enforcement co- Attorney General for such element that ensure made a protected disclosure (provided the indi- operation scorecard with metrics designed to compliance with the requirements of paragraph vidual does not disclose classified information or measure the number of instances that intel- (3). other information contrary to law) to appeal ligence and law enforcement agencies in the (2) COORDINATION AND APPROVAL.—The proce- any action affecting an employee’s access to United States request assistance from intel- dures required by paragraph (1) shall be— classified information’’; and ligence and law enforcement agencies in (A) prepared in coordination with the Director (3) in subparagraph (B), by striking ‘‘informa- Ukraine and the number and type of responses of National Intelligence; and tion,’’ inserting ‘‘information following a pro- received to such requests. (B) approved by the Attorney General prior to tected disclosure,’’. SEC. 313. REPLACEMENT OF LOCALLY EMPLOYED issuance. SEC. 311. FEASIBILITY STUDY ON CONSOLI- STAFF SERVING AT UNITED STATES (3) PROCEDURES.— DATING CLASSIFIED DATABASES OF DIPLOMATIC FACILITIES IN THE (A) APPLICATION.—The procedures required by CYBER THREAT INDICATORS AND RUSSIAN FEDERATION. paragraph (1) shall apply to any intelligence MALWARE SAMPLES. (a) EMPLOYMENT REQUIREMENT.— collection activity not otherwise authorized by (a) IN GENERAL.—Not later than 180 days (1) IN GENERAL.—The Secretary of State shall court order (including an order or certification after the date of the enactment of this Act, the ensure that, not later than one year after the

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 6333 E:\CR\FM\A10DE7.006 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8955 date of the enactment of this Act, every super- able the National Declassification Center to bet- tor of National Intelligence, in consultation visory position at a United States diplomatic fa- ter accomplish the missions assigned to the Cen- with the head of each element of the intelligence cility in the Russian Federation shall be occu- ter by Executive Order No. 13526 (75 Fed. Reg. community, shall— pied by a citizen of the United States who has 707). (1) issue guidelines to carry out section 511 of passed, and shall be subject to, a thorough SEC. 322. REPORT ON INTELLIGENCE COMMUNITY the National Security Act of 1947, as added by background check. EFFICIENT SPENDING TARGETS. subsection (a); and (2) EXTENSION.—The Secretary of State may (a) IN GENERAL.—Not later than April 1, 2016, (2) submit such guidelines to the congressional extend the deadline under paragraph (1) for up and April 1, 2017, the Director of National Intel- intelligence committees. to one year by providing advance written notifi- ligence shall submit to the congressional intel- (d) TABLE OF CONTENTS AMENDMENT.—The cation and justification of such extension to the ligence committees a report on the status and ef- table of sections in the first section of the Na- appropriate congressional committees. fectiveness of efforts to reduce administrative tional Security Act of 1947 is amended by adding (3) PROGRESS REPORT.—Not later than 180 costs for the intelligence community during the after the item relating to section 510 the fol- days after the date of the enactment of this Act, preceding year. lowing new item: the Secretary of State shall submit to the appro- (b) ELEMENTS.—Each report under subsection ‘‘Sec. 511. Annual report on violations of law or priate congressional committees a report on (a) shall include for each element of the intel- executive order.’’. progress made toward meeting the employment ligence community the following: (e) RULE OF CONSTRUCTION.—Nothing in this requirement under paragraph (1). (1) A description of the status and effective- section or the amendments made by this section (b) PLAN FOR REDUCED USE OF LOCALLY EM- ness of efforts to devise alternatives to govern- shall be construed to alter any requirement ex- PLOYED STAFF.—Not later than 180 days after ment travel and promote efficient travel spend- isting on the date of the enactment of this Act the date of the enactment of this Act, the Sec- ing, such as teleconferencing and video confer- to submit a report under any provision of law. retary of State, in coordination with other ap- encing. (2) A description of the status and effective- SEC. 324. ANNUAL REPORT ON INTELLIGENCE AC- propriate government agencies, shall submit to TIVITIES OF THE DEPARTMENT OF the appropriate congressional committees a plan ness of efforts to limit costs related to hosting HOMELAND SECURITY. to further reduce the reliance on locally em- and attending conferences. (a) IN GENERAL.—For each fiscal year and ployed staff in United States diplomatic facili- (3) A description of the status and effective- along with the budget materials submitted in ties in the Russian Federation. The plan shall, ness of efforts to assess information technology support of the budget of the Department of at a minimum, include cost estimates, timelines, inventories and usage, and establish controls, to Homeland Security pursuant to section 1105(a) and numbers of employees to be replaced. reduce costs related to underutilized information of title 31, United States Code, the Under Sec- (c) APPROPRIATE CONGRESSIONAL COMMITTEES technology equipment, software, or services. retary for Intelligence and Analysis of the De- (4) A description of the status and effective- DEFINED.—In this section, the term ‘‘appro- partment shall submit to the congressional intel- ness of efforts to limit the publication and print- priate congressional committees’’ means— ligence committees a report for such fiscal year ing of hard copy documents. (1) the congressional intelligence committees; on each intelligence activity of each intelligence (5) A description of the status and effective- (2) the Committee on Armed Services, the Com- component of the Department, as designated by ness of efforts to improve the performance of mittee on Foreign Relations, and the Committee the Under Secretary, that includes the fol- Federal fleet motor vehicles and limit executive on Appropriations of the Senate; and lowing: transportation. (3) the Committee on Armed Services, the Com- (1) The amount of funding requested for each (6) A description of the status and effective- mittee on Foreign Affairs, and the Committee on such intelligence activity. ness of efforts to limit the purchase of extra- Appropriations of the House of Representatives. (2) The number of full-time employees funded neous promotional items, such as plaques, cloth- (d) RULE OF CONSTRUCTION.—Nothing in this to perform each such intelligence activity. section shall be construed to infringe on the ing, and commemorative items. (7) A description of the status and effective- (3) The number of full-time contractor employ- power of the President, by and with the advice ness of efforts to consolidate and streamline ees (or the equivalent of full-time in the case of and consent of the Senate, to appoint ambas- workforce training programs to focus on the part-time contractor employees) funded to per- sadors, other public ministers, and consuls.’’ highest priority workforce and mission needs. form or in support of each such intelligence ac- SEC. 314. INCLUSION OF SENSITIVE COMPART- (8) Such other matters relating to efforts to re- tivity. MENTED INFORMATION FACILITIES duce intelligence community administrative (4) A determination as to whether each such IN UNITED STATES DIPLOMATIC FA- intelligence activity is predominantly in support CILITIES IN THE RUSSIAN FEDERA- costs as the Director may specify for purposes of this section. of national intelligence or departmental mis- TION AND ADJACENT COUNTRIES. sions. (a) SENSITIVE COMPARTMENTED INFORMATION SEC. 323. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER. (5) The total number of analysts of the Intel- FACILITY REQUIREMENT.—Each United States ligence Enterprise of the Department that per- (a) IN GENERAL.—Title V of the National Se- diplomatic facility that, after the date of the en- form— actment of this Act, is constructed in, or under- curity Act of 1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end the following: (A) strategic analysis; or goes a construction upgrade in, the Russian (B) operational analysis. ‘‘SEC. 511. ANNUAL REPORT ON VIOLATIONS OF Federation, any country that shares a land bor- EASIBILITY AND DVISABILITY EPORT LAW OR EXECUTIVE ORDER. (b) F A R .— der with the Russian Federation, or any coun- Not later than 120 days after the date of the en- try that is a former member of the Soviet Union ‘‘(a) ANNUAL REPORTS REQUIRED.—The Direc- tor of National Intelligence shall annually sub- actment of this Act, the Secretary of Homeland shall be constructed to include a Sensitive Com- Security, acting through the Under Secretary partmented Information Facility. mit to the congressional intelligence committees a report on violations of law or executive order for Intelligence and Analysis, shall submit to (b) NATIONAL SECURITY WAIVER.—The Sec- the congressional intelligence committees a re- retary of State may waive the requirement relating to intelligence activities by personnel of an element of the intelligence community that port that— under subsection (a) if the Secretary determines (1) examines the feasibility and advisability of that such waiver is in the national security in- were identified during the previous calendar year. including the budget request for all intelligence terest of the United States and submits a written activities of each intelligence component of the justification to the appropriate congressional ‘‘(b) ELEMENTS.—Each report submitted under subsection (a) shall, consistent with the need to Department that predominantly support depart- committees not later than 180 days before exer- mental missions, as designated by the Under cising such waiver. preserve ongoing criminal investigations, in- clude a description of, and any action taken in Secretary for Intelligence and Analysis, in the (c) APPROPRIATE CONGRESSIONAL COMMITTEES Homeland Security Intelligence Program; and DEFINED.—In this section, the term ‘‘appro- response to, any violation of law or executive order (including Executive Order No. 12333 (50 (2) includes a plan to enhance the coordina- priate congressional committees’’ means— tion of department-wide intelligence activities to (1) the congressional intelligence committees; U.S.C. 3001 note)) relating to intelligence activi- ties committed by personnel of an element of the achieve greater efficiencies in the performance (2) the Committee on Armed Services, the Com- of the Department of Homeland Security intel- mittee on Foreign Relations, and the Committee intelligence community in the course of the em- ployment of such personnel that, during the ligence functions. on Appropriations of the Senate; and (c) INTELLIGENCE COMPONENT OF THE DEPART- (3) the Committee on Armed Services, the Com- previous calendar year, was— ‘‘(1) determined by the director, head, or gen- MENT.—In this section, the term ‘‘intelligence mittee on Foreign Affairs, and the Committee on component of the Department’’ has the meaning Appropriations of the House of Representatives. eral counsel of any element of the intelligence community to have occurred; given that term in section 2 of the Homeland Se- Subtitle B—Reporting ‘‘(2) referred to the Department of Justice for curity Act of 2002 (6 U.S.C. 101). SEC. 321. REPORT ON DECLASSIFICATION PROC- possible criminal prosecution; or SEC. 325. REPORT ON POLITICAL PRISON CAMPS ESS. ‘‘(3) substantiated by the inspector general of IN NORTH KOREA. Not later than December 31, 2016, the Director any element of the intelligence community.’’. (a) IN GENERAL.—The Director of National In- of National Intelligence shall submit to Congress (b) INITIAL REPORT.—The first report required telligence, in consultation with the Secretary of a report describing— under section 511 of the National Security Act of State, shall submit to the congressional intel- (1) proposals to improve the declassification 1947, as added by subsection (a), shall be sub- ligence committees, the Committee on Foreign process throughout the intelligence community; mitted not later than one year after the date of Relations of the Senate, and the Committee on and the enactment of this Act. Foreign Affairs of the House of Representatives (2) steps the intelligence community could (c) GUIDELINES.—Not later than 180 days after a report on political prison camps in North take, or legislation that may be necessary, to en- the date of the enactment of this Act, the Direc- Korea.

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(b) ELEMENTS.—The report required by sub- gram Manager of the Information Sharing Envi- the present, including a description of the section (a) shall— ronment, shall submit to the congressional intel- metrics that are used to assess strengthening or (1) describe the actions the United States is ligence committees, the Committee on Homeland weakening and an assessment of the relative in- taking to support implementation of the rec- Security and Governmental Affairs of the Sen- crease or decrease in violent attacks attributed ommendations of the United Nations Commis- ate, the Committee on Homeland Security of the to such entities. sion of Inquiry on Human Rights in the Demo- House of Representatives, the Committee on the (E) An assessment of whether or not an indi- cratic People’s Republic of Korea, including the Judiciary of the Senate, and the Committee on vidual can be a member of al-Qaeda core if such eventual establishment of a tribunal to hold in- the Judiciary of the House of Representatives an individual is not located in Afghanistan or dividuals accountable for abuses; and assessment of the efficacy of the memoranda of Pakistan. (2) include, with respect to each political pris- understanding signed between Federal, State, (F) An assessment of whether or not an indi- on camp in North Korea to the extent informa- local, tribal, and territorial agencies to facilitate vidual can be a member of al-Qaeda core as well tion is available— intelligence-sharing within and separate from as a member of a group referred to in subpara- (A) the estimated prisoner population of each the Joint Terrorism Task Force. Such assessment graph (B). such camp; shall include— (G) A definition of defeat of core al-Qaeda. (B) the geographical coordinates of each such (1) any language within such memoranda of (H) An assessment of the extent or coordina- camp; understanding that prohibited or may be con- tion, command, and control between core al- (C) the reasons for confinement of the pris- strued to prohibit intelligence-sharing between Qaeda and the groups referred to in subpara- oners at each such camp; Federal, State, local, tribal, and territorial graph (B), specifically addressing each such (D) a description of the primary industries agencies; and group. and products made at each such camp, and the (2) any recommendations for memoranda of (I) An assessment of the effectiveness of end users of any goods produced in such camp; understanding to better facilitate intelligence- counterterrorism operations against core al- (E) information regarding involvement of any sharing between Federal, State, local, tribal, Qaeda and the groups referred to in subpara- non-North Korean entity or individual involved and territorial agencies. graph (B), and whether such operations have in the operations of each such camp, including SEC. 329. REPORT ON FOREIGN MAN-MADE ELEC- had a sustained impact on the capabilities and as an end user or source of any good or prod- TROMAGNETIC PULSE WEAPONS. effectiveness of core al-Qaeda and such groups. ucts used in, or produced by, in such camp; (a) REPORT.—Not later than 180 days after the (4) FORM.—The report required by paragraph (F) information identifying individuals and date of the enactment of this Act, the Director (1) shall be submitted in unclassified form, but agencies responsible for conditions in each such of National Intelligence shall submit to the con- may include a classified annex. camp at all levels of the Government of North gressional intelligence committees, the Com- (b) APPROPRIATE COMMITTEES OF CONGRESS Korea; mittee on Armed Services of the Senate, and the DEFINED.—In this section, the term ‘‘appro- (G) a description of the conditions under Committee on Armed Services of the House of priate committees of Congress’’ means— which prisoners are confined, with respect to Representatives a report on the threat posed by (1) the congressional intelligence committees; the adequacy of food, shelter, medical care, man-made electromagnetic pulse weapons to (2) the Committee on Foreign Relations and working conditions, and reports of ill-treatment United States interests through 2025, including the Committee on Armed Services of the Senate; of prisoners, at each such camp; and threats from foreign countries and foreign non- and (H) unclassified imagery, including satellite State actors. (3) the Committee on Foreign Affairs and the imagery, of each such camp. (b) FORM.—The report required under sub- Committee on Armed Services of the House of (c) FORM.—The report required by subsection section (a) shall be submitted in unclassified Representatives. (a) shall be submitted in an unclassified form form, but may include a classified annex. SEC. 331. FEASIBILITY STUDY ON RETRAINING VETERANS IN CYBERSECURITY. and may include a classified annex if necessary. SEC. 330. REPORT ON UNITED STATES COUNTER- SEC. 326. ASSESSMENT OF SECURITY OF DOMES- TERRORISM STRATEGY TO DISRUPT, Not later than 180 days after the date of the TIC OIL REFINERIES AND RELATED DISMANTLE, AND DEFEAT AL-QAEDA enactment of this Act, the Director of National RAIL TRANSPORTATION INFRA- AND ITS AFFILIATED OR ASSOCI- Intelligence, in consultation with the Secretary STRUCTURE. ATED GROUPS. of Defense, the Secretary of Veterans Affairs, (a) ASSESSMENT.—The Under Secretary of (a) REPORT.— and the Secretary of Homeland Security, shall Homeland Security for Intelligence and Analysis (1) IN GENERAL.—Not later than 180 days after submit to Congress a feasibility study on re- shall conduct an intelligence assessment of the the date of the enactment of this Act, the Direc- training veterans and retired members of ele- security of domestic oil refineries and related tor of National Intelligence shall submit to the ments of the intelligence community in cyberse- rail transportation infrastructure. appropriate committees of Congress a com- curity. (b) SUBMISSION.—Not later than 180 days after prehensive report on the United States counter- The SPEAKER pro tempore. Pursu- the date of the enactment of this Act, the Under terrorism strategy to disrupt, dismantle, and de- Secretary of Homeland Security for Intelligence feat al-Qaeda and its affiliated or associated ant to the rule, the gentleman from and Analysis shall submit to the congressional groups. Michigan (Mr. ROGERS) and the gen- intelligence committees— (2) COORDINATION.—The report required by tleman from Maryland (Mr. RUPPERS- (1) the results of the assessment required paragraph (1) shall be prepared in coordination BERGER) each will control 20 minutes. under subsection (a); and with the Secretary of State, the Secretary of the The Chair recognizes the gentleman (2) any recommendations with respect to intel- Treasury, the Attorney General, and the Sec- from Michigan. ligence sharing or intelligence collection to im- retary of Defense, and the head of any other de- GENERAL LEAVE prove the security of domestic oil refineries and partment or agency of the United States Govern- related rail transportation infrastructure to pro- ment that has responsibility for activities di- Mr. ROGERS of Michigan. Mr. tect the communities surrounding such refin- rected at combating al-Qaeda and its affiliated Speaker, I ask unanimous consent that eries or such infrastructure from potential harm or associated groups. all Members may have 5 legislative that the Under Secretary considers appropriate. (3) ELEMENTS.—The report required by para- days to revise and extend their re- SEC. 327. ENHANCED CONTRACTOR LEVEL AS- graph (1) shall include the following: marks and to include extraneous mate- SESSMENTS FOR THE INTELLIGENCE (A) A definition of— rial on the bill, H.R. 4681. COMMUNITY. (i) al-Qaeda core, including a list of which The SPEAKER pro tempore. Is there Section 506B(c) of the National Security Act of known individuals constitute al-Qaeda core; 1947 (50 U.S.C. 3098(c)) is amended— (ii) an affiliated group of al-Qaeda, including objection to the request of the gen- (1) in paragraph (11), by striking ‘‘or con- a list of which known groups constitute an affil- tleman from Michigan? tracted’’; iate group of al-Qaeda; There was no objection. (2) by redesignating paragraph (12) as para- (iii) an associated group of al-Qaeda, includ- Mr. ROGERS of Michigan. Mr. graph (13); and ing a list of which known groups constitute an Speaker, I yield myself such time as I (3) by inserting after paragraph (11) the fol- associated group of al-Qaeda; and may consume. lowing: (iv) a group aligned with al-Qaeda, including Mr. Speaker, I will enter into the ‘‘(12) The best estimate of the number of intel- a description of what actions a group takes or RECORD at the end of my remarks the ligence collectors and analysts contracted by statements it makes that qualify it as a group each element of the intelligence community and aligned with al-Qaeda. Joint Explanatory Statement prepared a description of the functions performed by such (B) A list of any other group, including the by the House and Senate Intelligence contractors.’’. organization that calls itself the Islamic State Committees. SEC. 328. ASSESSMENT OF THE EFFICACY OF (also known as ‘‘ISIS’’ or ‘‘ISIL’’), that adheres Mr. Speaker, when Mr. RUPPERS- MEMORANDA OF UNDERSTANDING to the core mission of al-Qaeda, or who espouses BERGER and I assumed the helm of the TO FACILITATE INTELLIGENCE- the same violent jihad ideology as al-Qaeda. committee, we committed to return to SHARING. (C) An assessment of the relationship between the practice of passing the annual in- Not later than 90 days after the date of the al-Qaeda core and the groups referred to in sub- enactment of this Act, the Under Secretary of paragraph (B). telligence authorization bill, recog- Homeland Security for Intelligence and Anal- (D) An assessment of the strengthening or nizing that it is one of the most crit- ysis, in consultation with the Director of the weakening of al-Qaeda and the groups referred ical tools that Congress has to control Federal Bureau of Investigation and the Pro- to in subparagraph (B) from January 1, 2010, to the intelligence activities of the

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I am proud to track nuclear and missile threats. the courage to stand where no other today that we are bringing the fifth We demand they get it right every American was willing to stand in de- such authorization bill to the floor time. fense of the United States. since Mr. RUPPERSBERGER assumed the This bill will ensure that the dedi- I hope they take this as certainly my role of ranking member and I assumed cated men and women of our intel- final bill on this particular floor to en- the role of chairman 4 years ago. ligence community have the funding courage them to do their good work, to As most of the intelligence budget in- and authorities and support that they know that Americans who are kissing volves highly classified programs, the need to meet their mission and to keep their kids and putting them on the bus bulk of the committee’s direction is us safe. this morning understand that it takes found in the classified annex to the I take this moment, Mr. Speaker, at their efforts to keep this country safe, bill, which is very similar to the a time when certainly voices both that somebody that shows up for work version passed by the House earlier around the country and around the and is engaged in international com- this year. world are seeking to condemn the very merce understands that it takes their At an unclassified level, I can report courageous men and women who show work to keep America safe. Believe me, that the classified annex increases the up in the intelligence business to pro- outside of this town, people across President’s budget request by less than vide the information to keep America America understand the value and im- 1 percent and is consistent with the Bi- safe. They are silent warriors. They are portance and really the essential work partisan Budget Act funding caps. Key faithful patriots. They don’t ask for that these people do for the defense of committee funding initiatives, vital to recognition. They don’t ask for time. America. We should not condemn national security, are preserved in this You don’t see their names in the front them, we should be proud of their bill. These funding initiatives are off- pages of the paper or on TV. They real- work, and we should stand behind set by reductions to unnecessary pro- ly don’t seek that recognition. them. This bill I think represents the grams and increased efficiencies. But they seek the very purpose of work in a bipartisan way that allows The bill’s modest net increase re- being the first to be able to develop them to continue that work, to do the flects the committee’s concern that the that one piece of information that work that protects America. President’s request does not properly might prevent further conflict, it I would be remiss if I didn’t thank fund a number of important initiatives might prevent a terrorist attack, it my good friend DUTCH RUPPERSBERGER. and leaves several unacceptable short- might prevent a nuclear launch, it Over the last 4 years, these five budg- falls when it comes to the matters of might prevent one Nation from attack- ets could not have happened without national security. The bill also pro- ing another. your work and your staff’s work in vides substantial intelligence resources In the haze of what seems to be self- making sure that we had the best prod- to help defeat Islamic State in Iraq and loathing these days, by targeting that uct available to make sure that the in- the Levant. against these very courageous men and telligence community had the re- Earlier this year, the House passed women who cannot defend themselves sources that they need, the policies its version of this bill with over- in public, we are doing a disservice to that they need, the support that they whelming bipartisan support. This bill their courage and their commitment to need, and, yes, every once in a while, contains all of the provisions that were keep America safe. We find that it is the kick in the can that they needed. not previously enacted into law in the easy to, at some point, go back and With that, I reserve the balance of fiscal year 2014 bill, along with provi- point fingers at what we believe may or my time. sions added by the Senate. None of may not have happened in the work of Mr. Speaker, when DUTCH and I assumed these provisions are considered con- keeping America safe. It is realisti- the helm of the Committee, we committed to troversial, and we have worked cally and holistically unfair that we return to the practice of passing the annual in- through and vetted to make sure that would do that to these very brave souls telligence authorization bill, recognizing that it is accurate with both Republican and who risk their lives today. is one of the most critical tools Congress has Democrat staff and Members. But here is the good news for Ameri- to control the intelligence activities of the U.S. Mr. Speaker, we find ourselves in a cans. These folks that work in the Government. I am proud today that we are very interesting time in history. ISIL shadows understand that they have ac- bringing the fifth such authorization bill to the is attempting to build a state across cepted these dangerous and quiet roles, floor since I assumed the Chairmanship four the Middle East, from Lebanon to Iraq, and they will get up this morning, like years ago. including Syria, Jordan, and Israel. they have every other morning, and As most of the intelligence budget involves The group already controls a swath of understand it is between them and the highly classified programs, the bulk of the land across Iraq and Syria about the United States when it comes to any Committee’s direction is found in the classified size of the State of Indiana, and it is terrorist attack, or worse, bigger, annex to the bill, which is very similar to the growing. The goal of our counterterror- broader conflict somewhere in the version passed by the House earlier this year. ism strategy is to deny safe haven from world. At an unclassified level, I can report that the which terrorists can plot attacks So they will do their job; they will do classified annex increases the President’s against the United States and/or our their duty; they will do their mission. budget request by less than one percent and allies. Regrettably, we have not pre- They will read the papers and fold is consistent with the Bipartisan Budget Act vented ISIL from establishing such a them and put them on their desk and funding caps. Key Committee funding initia- safe haven, and, as a result, we face a go about their work, their important tives, vital to national security, are preserved growing threat from that region. work. But it is wrong that years later in this bill. These funding initiatives are offset At the same time, state actors like we ask these people to have to believe by reductions to unnecessary programs and Russia and China view this time as an that they might have to get a lawyer increased efficiencies. The bill’s modest net in- opportunity to expand their reach and to do their job. crease reflects the Committee’s concern that expand their influence. Uneven leader- The next time that America asks the President’s request does not properly fund ship in recent years has emboldened them to do something hard and dif- a number of important initiatives and leaves these adversaries to change the inter- ficult in defense of the United States, several unacceptable shortfalls. The bill also national order, at the expense of U.S. we shouldn’t be giving them lawyers provides substantial intelligence resources to interests. and subpoenas and the United Nations help defeat ISIL. We rightly demand that our intel- condemning their actions and looking Earlier this year the House passed its ligence agencies provide policymakers for prosecutions in their effort to tear version of this bill by an overwhelming bipar- with the best and most timely informa- the United States down one more level. tisan vote. This bill contains all of those provi- tion possible on the threats we face. We We ought to be giving them ticker tape sions that were not previously enacted into ask them to track terrorists wherever parades when they come home from law in the FY 14 bill, along with provisions they train, plan, and fundraise. We ask these places and say: Thank you for added by the Senate. None of those provi- them to stop devastating cyber attacks your sacrifice, and thank you for your sions are considered controversial. that steal American jobs through theft family’s sacrifice. We can sleep better Mr. Speaker, we find ourselves in a very in- of intellectual property. We ask them at night knowing that you have had teresting time in history. ISIL is attempting to

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The congressionally Act of 1947 to require the DNI to develop a haven from which terrorists can plot attacks directed actions described in Senate Report against the United States and our allies. Re- comprehensive national intelligence strat- No. 113–233, the classified annex that accom- egy every four years beginning in 2017. grettably, we have not prevented ISIL from es- panied Senate Report No. 113–233, and the Section 304. Software licensing tablishing such a safe haven, and as a result classified annex that accompanied House Re- we face a growing threat from the region. port No. 113–463 should be carried out to the Section 304 amends Section 109 of the Na- tional Security Act of 1947, which requires At the same time, state actors like Russia extent they are not amended, altered, sub- stituted, or otherwise specifically addressed chief information officers within the IC to and China view this time as an opportunity to prepare biennial inventories and assessments expand their reach and influence. Uneven in either this Joint Explanatory Statement or in the classified annex to this Statement. concerning the use and procurement of soft- leadership in recent years has emboldened ware licenses, to make certain enhance- ECTION-BY-SECTION ANALYSIS AND these adversaries to change the international S ments to the biennial assessments required EXPLANATION order—at the expense of U.S. interests. under Section 109. We rightly demand that our intelligence The following is a section-by-section anal- Section 305. Reporting of certain employment agencies provide policy makers with the best ysis and explanation of the Intelligence Au- activities by former intelligence officers and thorization Act for Fiscal Year 2015. and most timely information possible on the employees threats we face. We ask them to track terror- TITLE I—INTELLIGENCE ACTIVITIES Section 305 requires the head of each ele- ists wherever they train, plan, and fundraise. Section 101. Authorization of appropriations ment of the IC to issue regulations that re- We ask them to stop devastating cyber at- Section 101 lists the United States Govern- quire an employee occupying positions with tacks that steal American jobs. We ask them ment departments, agencies, and other ele- access to particularly sensitive information within such element to sign a written agree- to track nuclear and missile threats. And we ments for which the Act authorizes appro- priations for intelligence and intelligence-re- ment that requires the regular reporting of demand they get it right—every time. lated activities for Fiscal Year 2015. any employment by, representation of, or This bill will ensure that the dedicated men Section 102. Classified Schedule of Authoriza- the provision of advice relating to national and women of our Intelligence Community tions security to the government of a foreign have the funding and authorities—and sup- country, or any person whose activities are Section 102 provides that the details of the supervised, directed, controlled, financed, or port—they need to meet their mission and to amounts authorized to be appropriated for subsidized by any government of a foreign keep us safe. intelligence and intelligence-related activi- country, for a two-year period after the em- Before closing, I want to take a moment to ties and the applicable personnel levels by ployee ceases employment with the IC ele- thank the men and women of this country who program for Fiscal Year 2015 are contained in ment. serve in our Intelligence Community today. It the classified Schedule of Authorizations and has been a distinct honor to get to know so that the classified Schedule of Authoriza- Section 306. Inclusion of Predominantly Black many of them, and I am proud to have played tions shall be made available to the Commit- Institutions in intelligence officer training program a role in contributing to their success. tees on Appropriations of the Senate and I would also like to extend thanks to all of House of Representatives and to the Presi- Section 306 amends the National Security Act of 1947 to include predominantly black my dedicated staff on the Committee who dent. Section 103. Personnel ceiling adjustments institutions in the intelligence officer train- worked hard over the years to get us back on ing programs established under Section 1024 track in passing the annual Authorization bill Section 103 is intended to provide addi- of the Act. tional flexibility to the DNI in managing the and in our daily oversight of the Intelligence Section 307. Management and oversight of fi- civilian personnel of the Intelligence Com- Community. nancial intelligence Thank you to my current committee staff: munity (IC). Section 103 provides that the DNI may authorize employment of civilian Section 307 requires the DNI to prepare a Darren Dick, Katie Wheelbarger, Sarah personnel in Fiscal Year 2015 in excess of the plan for management of the elements of the Geffroy, Andy Keiser, Bryan Smith, Ashley number of authorized positions by an IC that carry out financial intelligence ac- Lowry, Susan Phalen, Tom Corcoran, Michael amount not exceeding three percent of the tivities. Ellis, Chelsey Campbell, Geof Kahn, Brooke total limit applicable to each IC element Section 308. Analysis of private sector policies Eisele, Randy Smith, Jim Hildebrand, Shan- under Section 102. The DNI may do so only if and procedures for countering insider non Stuart, Rachel Wilson, Lisa Major, Diane necessary to the performance of important threats Rinaldo. Thank you, as well as to those who intelligence functions. Section 308 directs the DNI to submit to are no longer with the staff but played an influ- Section 104. Intelligence Community Manage- the congressional intelligence committees ential role in committee activities during my ment Account an analysis of private sector policies and tenure as Chairman: Michael Allen, Chris Section 104 authorizes appropriations for procedures for countering insider threats. Donesa, Jamil Jaffer, Nathan Hauser, Todd the Intelligence Community Management Section 309. Procedures for the retention of inci- dentally acquired communications Jones, Frank Garcia, George Pappas, Will Account (ICMA) of the DNI and sets the au- Koella, Leah Scott, Fred Fleitz, and Stephanie thorized personnel levels for the elements Section 309 requires the head of each ele- within the ICMA for Fiscal Year 2015. ment of the IC to adopt Attorney General- Pelton. TITLE II—CENTRAL INTELLIGENCE AGENCY approved procedures that govern the reten- Finally, a big thank you to our dedicated Se- tion of nonpublic telephone or electronic curity and Information Technology staff who RETIREMENT AND DISABILITY SYSTEM Section 201. Authorization of appropriations communications acquired without consent of keep us up and running everyday: Brandon a person who is a party to the communica- Smith, Kristin Jepson and Kevin Klein. Section 201 authorizes appropriations in tions, including communications in elec- JOINT EXPLANATORY STATEMENT TO the amount of $514,000,000 for Fiscal Year tronic storage. ACCOMPANY THE INTELLIGENCE AU- 2015 for the Central Intelligence Agency Re- The procedures required under this section THORIZATION ACT FOR FISCAL YEAR tirement and Disability Fund. shall apply to any intelligence activity that 2015 TITLE III—GENERAL PROVISIONS is reasonably anticipated to result in the ac- The following consists of the explanatory SUBTITLE A—GENERAL MATTERS quisition of such telephone or electronic material to accompany the Intelligence Au- Section 301. Increase in employee compensation communications to or from a United States thorization Act for Fiscal Year 2015. and benefits authorized by law person not otherwise authorized by court order, subpoena, or similar legal process, re- This joint explanatory statement shall Section 301 provides that funds authorized have the same effect with respect to the im- gardless of the location where the collection to be appropriated by the Act for salary, pay, occurs. The procedures shall prohibit the re- plementation of this Act as if it were a joint retirement, and other benefits for federal explanatory statement of a committee of tention of such telephone or electronic com- employees may be increased by such addi- munications for a period in excess of five conference. tional or supplemental amounts as may be This explanatory statement is accom- years, unless the communications are deter- necessary for increases in compensation or panied by a classified annex that contains a mined to fall within one of several cat- benefits authorized by law. classified Schedule of Authorizations. The egories, enumerated in subsection (b)(3)(B), classified Schedule of Authorizations is in- Section 302. Restriction on conduct of intel- for which retention in excess of five years is corporated by reference in the Act and has ligence activities authorized, to include communications that the legal status of public law. Section 302 provides that the authorization have been affirmatively determined to con- The classified annex and classified Sched- of appropriations by the Act shall not be stitute foreign intelligence or counterintel- ule of Authorizations are the result of nego- deemed to constitute authority for the con- ligence, communications that are reasonably

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believed to constitute evidence of a crime SUBTITLE B—REPORTING Section 327. Enhanced contractor level assess- and are retained by a law enforcement agen- Section 321. Report on declassification process ments for the intelligence community cy, and communications that are enciphered Section 321 requires the DNI to submit a Section 327 amends the National Security or reasonably believed to have a secret report to Congress describing proposals to Act of 1947 to require that the annual per- meaning. improve the declassification process and sonnel level assessments for the IC, required Because it may be necessary in certain in- steps the IC could take or legislation that under Section 506B of the Act, include a sep- stances for IC elements to retain commu- may be necessary, to enable the National De- arate estimate of the number of intelligence nications covered by this section for a period classification Center to better accomplish collectors and analysts contracted by each in excess of five years that do not fall into the missions assigned to the Center by Exec- element of the IC and a description of the the categories specifically enumerated in utive Order 13526. functions performed by such contractors. subsection (b)(3)(B), subsection (b)(3)(B)(vii) Section 322. Report on intelligence community Section 328. Assessment of the efficacy of memo- provides flexibility for the head of each ele- efficient spending targets randa of understanding to facilitate intel- ment of the intelligence community to au- Section 322 requires the DNI to submit a ligence-sharing thorize such extended retention where the report to the congressional intelligence com- Section 328 requires the Under Secretary of head of the element determines that it is mittees on the status and effectiveness of ef- Homeland Security for Intelligence and necessary to protect the national security of forts to reduce administrative costs for the Analysis to provide appropriate congres- the United States. In the absence of such a IC during the preceding year. sional committees with an assessment of the determination, Section 309 is intended to es- Section 323. Annual report on violations of law efficacy of the memoranda of understanding tablish a default rule for intelligence collec- or executive order signed between Federal, State, local, tribal, tion activities, not otherwise authorized by and territorial agencies to facilitate intel- legal process, that requires agencies to de- Section 323 requires the DNI to report an- ligence-sharing within and separate from the lete communications covered by this section nually to the congressional intelligence com- Joint Terrorism Task Force. This study after five years, unless a determination is mittees on violations of law or executive should help identify any obstacles to intel- made that the communications constitute order by personnel of an element of the IC ligence sharing between agencies, particu- foreign intelligence or counterintelligence or that were identified during the previous cal- larly any obstacles that might have impeded otherwise meet the retention requirements endar year. Under the National Security Act, intelligence sharing in the wake of the April set forth in this section. the President is required to keep the con- gressional intelligence committees fully and 2013 bombing of the Boston Marathon, and Section 310. Clarification of limitation of review currently informed of the intelligence activi- find improvements to existing intelligence to retaliatory security clearance or access ties of the United States government. None- sharing relationships. determinations theless, this annual reporting requirement is Section 329. Report on foreign man-made elec- Section 310 makes a technical amendment necessary to ensure that the intelligence tromagnetic pulse weapons to Section 3001(b)(7) of the Intelligence Re- oversight committees of the House and Sen- Section 329 requires the DNI to provide ap- form and Terrorism Prevention Act of 2004 to ate are made fully aware of violations of law propriate congressional committees with a clarify that the policies and procedures pre- or executive order, including, in particular, report on the threat posed by manmade elec- scribed by that section (to permit individ- violations of Executive order 12333 for activi- tromagnetic pulse weapons to United States uals to appeal adverse security clearance or ties not otherwise subject to the Foreign In- interests through 2025. telligence Surveillance Act. access determinations) are only required to Section 330. Report on United States counterter- apply to adverse security clearance or access Section 324. Annual report on intelligence ac- rorism strategy to disrupt, dismantle, and determinations alleged to be in reprisal for tivities of the Department of Homeland Se- defeat al-Qaeda and its affiliated or associ- having made a protected whistleblower dis- curity ated groups closure. Section 324 requires the Under Secretary Section 330 requires the DNI to provide ap- Section 311. Feasibility study on consolidating for Intelligence and Analysis of the DHS to propriate congressional committees with a classified databases of cyber threat indica- provide the congressional intelligence com- report on the United States counterter- tors and malware samples mittees with a report on each intelligence rorism strategy to disrupt, dismantle, and activity of each intelligence component of defeat al-Qaeda and its affiliated or associ- Section 307 requires the DNI to conduct a the Department that includes, among other ated groups. feasibility study on consolidating classified things, the amount of funding requested, the databases of cyber threat indicators and number of full-time employees, and the num- Section 331. Feasibility study on retraining vet- malware samples in the IC and to provide a ber of full-time contractor employees. In ad- erans in cybersecurity report to the congressional intelligence com- dition, Section 324 requires the Secretary of Section 331 requires the DNI to submit to mittees summarizing the feasibility study. Homeland Security to submit to the congres- Congress a feasibility study on retraining Section 312. Sense of Congress on cybersecurity sional intelligence committees a report that veterans and retired members of elements of threat and cybercrime cooperation with examines the feasibility and advisability of the IC in cybersecurity. Ukraine consolidating the planning, programming, Mr. RUPPERSBERGER. Mr. Speak- Section 312 expresses the sense of Congress and resourcing of such activities within the er, I yield myself such time as I may concerning cybersecurity threat and Homeland Security Intelligence Program consume. (HSIP). cybercrime cooperation between the United Chairman ROGERS, this is my last op- States and Ukraine. The HSIP budget was established to fund those intelligence activities that principally portunity on the floor to thank you Section 313. Replacement of locally employed support missions of the DHS separately from again for your leadership. It has, once staff serving at United States diplomatic fa- those of the NIP. To date, however, this again, produced a strong, bipartisan, cilities in the Russian Federation mechanism has only been used to supple- and bicameral Intelligence Authoriza- Section 313 requires the Secretary of State ment the budget for the office of Intelligence tion Act. to ensure that every supervisory position at and Analysis. It has not been used to fund Our committee believes that our Na- a U.S. diplomatic facility in the Russian the activities of the non-IC components in tion’s security is too important to be a Federation is occupied by a citizen of the the DHS that conduct intelligence-related political football. We have had dif- United States who has passed a background activities. As a result, there is no com- check and to provide Congress with a plan to prehensive reporting to Congress regarding ferent views, we argue, but we work it further reduce reliance on locally employed the overall resources and personnel required out for the good of American people. staff. in support of the Department’s intelligence Mr. Chairman, I hope that your leg- Section 314. Inclusion of Sensitive Compart- activities. acy of bipartisanship, hard work, rig- mented Information Facilities in United Section 325. Report on political prison camps in orous oversight, and problem-solving States diplomatic facilities in the Russian North Korea continues and spreads throughout the Federation and adjacent countries Section 325 requires the DNI to submit a Congress. It is amazing what we can Section 314 requires that each U.S. diplo- report on political prison camps in North accomplish when we work together to matic facility that is constructed in, or un- Korea to the congressional intelligence com- solve problems. dergoes a construction upgrade in, the Rus- mittees. I also want to thank our counter- sian Federation, any country that shares a Section 326. Assessment of security of domestic parts in the Senate Intelligence Com- land border with the Russian Federation, or oil refineries and related rail transportation mittee, Senators FEINSTEIN and CHAM- infrastructure any country that is a former member of the BLISS, for working very closely with us Soviet Union, shall be constructed to include Section 326 requires the Under Secretary of and each member of our committee. On a Sensitive Compartmented Information Fa- Homeland Security for Intelligence and cility. The Secretary of State may waive the Analysis to conduct an intelligence assess- the Democratic side, I want to ac- requirements of this section upon a deter- ment of the security of domestic oil refin- knowledge all the hard work of Mr. mination that it is in the national security eries and related rail transportation infra- THOMPSON—who is sitting here to my interest of the United States. structure. left—Ms. SCHAKOWSKY, Mr. LANGEVIN,

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.009 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8960 CONGRESSIONAL RECORD — HOUSE December 10, 2014 Mr. SCHIFF, Mr. GUTIE´ RREZ, Mr. PAS- phasize the value of our space pro- Finally, a big thank you to our dedi- TOR, Mr. HIMES, and Ms. SEWELL. And I grams and endorses aggressive action cated security and information tech- want to thank our staff and the dedi- to decrease our reliance on Russian- nology staff, by the way, who have cated men and women of the intel- made engines to launch our national done well to beat back the hordes of ligence community who work every security satellites. our nation state actors who, for some day and all night throughout the world Two, it makes investments into re- reason, Mr. Speaker, took a good inter- to protect us. I do agree with the chair- search and development to defend est in what we were doing in that clas- man’s statements about those men and against next generation threats and to sified space, and they kept us up and women throughout the world who are stay ahead of countries like China and running every single day: Brandon out there protecting us and putting Russia. Three, it further improves the Smith, Kristin Jepson, and Kevin their lives on the line. continuous evaluation of insider Klein. Now, today, we look beyond this Con- threats while safeguarding privacy and Mr. Speaker, I reserve the balance of gress. We come together to set the civil liberties. my time. stage for the continuing oversight of Next, it enables better intelligence Mr. RUPPERSBERGER. Mr. Chair- intelligence programs, personnel, and and information sharing to prevent for- man, I yield 2 minutes to the gen- dollars. By doing so, we reinforce to eign fighters coming in and out of tleman from California (Mr. THOMP- the American people, and to the world, Syria. It also enables cutting-edge De- SON), a great member of our committee that there are checks and balances. We fense Intelligence Agency technology. who specialized in infrastructure and reinforce that the tools we authorize We must stay ahead of the curve in also worked very hard to make sure are for the sole purpose of keeping us, technology. that our Embassies have the intel- our allies, and our partners safe. The bill also further refines the De- ligence information they need to pro- In May, the House passed the Intel- partment of Defense human intel- tect themselves. ligence Authorization Act for fiscal ligence capabilities while supporting Mr. THOMPSON of California. I years 2014 and 2015 by 345 votes to 19. communitywide human intelligence ef- thank the gentleman for yielding and The Senate, however, took up each forts to better understand the enemies’ for all the good work you did on the year separately. Over the summer, this plans and intentions. It also estab- committee as the ranking member. I House passed the FY14 bill, which the lishes increased accountability meas- also want to thank Chairman ROGERS President signed. ures for our most sensitive programs. for the good work that he did as the So, we now take up the FY15 bill, The committee has worked with the chairman. Working together, he was very ac- which the Senate amended and sent intelligence community and the Senate commodating and allowed all of us to back to us. This amended bill largely to produce this solid, bipartisan bill. be able to address specific issues that mirrors the relevant portions of the This bill also incorporates the valuable were of concern to us and regarding the House-passed combined bill. floor amendments the House passed in Passing a detailed Intelligence Au- security of our great Nation. Thank May. It represents a culmination of our thorization Act ensures that our intel- you, Mr. Chairman. We are going to committee’s work through extensive ligence agencies spend money only on miss you. hearings and briefings, travel, and in- programs Congress is informed of, ap- Mr. Speaker, I rise today in strong depth studies. The bill is strong, and I proves, and can continuously oversee. support of the passage of this bill. This am proud to support it. bill will provide greater national secu- b 1300 For the sake of keeping the country, rity for our country and the people Oversight is extremely important. It its allies, and partners safe and for the that we all represent. helps to make sure that everything our sake of thoroughly overseeing even the The bill contains two important pro- intelligence agencies do follows the most classified intelligence programs, I visions that I authored that protect Constitution and the laws of the urge my colleagues to pass the bill our communities at home and diplo- United States and maximizes the civil today. matic facilities abroad. liberties and privacy of Americans. At Mr. Speaker, I reserve the balance of My district is home to several oil re- the same time, the intelligence agen- my time. fineries, employing thousands of peo- cies need the clear authorization, di- Mr. ROGERS of Michigan. Mr. ple, providing well-paying, good, mid- rection, and guidance from Congress to Speaker, I yield myself such time as I dle class jobs, and are a key part of our do their vital work to protect and de- may consume. regional economy. fend America, its allies, and its part- I thought I would take a moment to As domestic oil production continues ners. extend my thanks to all the dedicated to increase in the region, I have heard The Intelligence Authorization Act is staff on the committee, certainly from from several of my constituents and split into four parts: the unclassified the Republican side and to the Demo- my local governments about their legislative text; the unclassified re- crats as well, who worked hard over growing concern regarding the security port; the classified annex, which ex- the years to get us back on track in of the shipment and storage of crude plains our intent for the classified as- passing this annual authorization bill oil and subsequent refined products. I pects of the bill; and the classified in our daily oversight of the intel- believe we have the responsibility to schedule of authorizations. ligence community. protect our workers, our domestic re- While we have made cuts to certain If you will indulge me, Mr. Speaker, fineries, and our communities from po- areas and added money in others to thank you to my current committee tential threats. produce a responsible, well thought staff: Darren Dick, Katie Wheelbarger, Included in this bill is a provision out, and fiscally prudent budget, the Sarah Geffroy, Andy Keiser, Bryan that directs the Department of Home- budget for fiscal year 2015 slightly ex- Smith, Ashley Lowry, Susan Phalen, land Security Office of Intelligence and ceeds the President’s request. Tom Corcoran, Michael Ellis, Chelsey Analysis to conduct an assessment of While over the last 4 years we have Campbell, Geof Kahn, Brooke Eisele, the security of our Nation’s oil refin- reduced the intelligence community’s Randy Smith, Jim Hildebrand, Shan- eries and related rail transportation in- budget by over a billion dollars, this non Stuart, Rachel Wilson, Lisa Major, frastructure. It directs the office to year’s bill acknowledges the need to and Diane Rinaldo. make recommendations on how to im- make corrections after the drastic cuts Thank you as well to staff who have prove intelligence collection and shar- of sequestration and the Budget Con- played an influential role in the com- ing of information to better protect trol Act. mittee activities during my tenure as those facilities in the surrounding com- Additionally, this bill acknowledges chairman in reengaging this as a force munities from any harm. the need to step up our intelligence ef- for oversight in the Intelligence Com- Additionally, studies conducted in re- forts to counter evolving threats such mittee: Michael Allen, Chris Donesa, sponse to the terrible 2012 attack on as ISIL. It is a dangerous world out Jamil Jaffer, Nathan Hauser, Todd Benghazi identified the need for secu- there, and our bill accounts for that. Jones, Frank Garcia, George Pappas, rity personnel at U.S. diplomatic posts Let me also mention some specifics Will Koella, Leah Scott, Fred Fleitz, to receive threat information in a more in the bill. First, it continues to em- and Stephanie Pelton. timely manner.

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.027 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8961 The SPEAKER pro tempore. The Developing and maintaining action- Allison Getty, Deb Haynie, and Mi- time of the gentleman has expired. able intelligence on ISIS is of par- chael Bahar. Mr. RUPPERSBERGER. Mr. Speak- ticular urgency. While the intelligence I also thank staff members who were er, I yield the gentleman an additional community has been following ISIS’ with us but have retired: Mike Shank, 30 seconds. growth for some time, the group’s Janet Fisher, and Khizer Sayed. Mr. THOMPSON of California. In re- takeover of a large swath of Syria and Mr. Speaker, I yield back the balance sponse to this need, this bill requires Iraq has made it a top intelligence pri- of my time. the Director of National Intelligence to ority. Mr. ROGERS of Michigan. Mr. provide an assessment of the status of If we are to be effective in partnering Speaker, I yield myself the balance of threat information sharing between with regional allies to degrade and de- my time. the intelligence community and diplo- stroy ISIS, we need to be able to de- Mr. Speaker, again, I want to thank matic security personnel and to pro- velop the very best intelligence and ac- my friends on the other side of the pose actions to help make sure security curate ground truth. That takes time, aisle, from Dutch to Heather, and the personnel at U.S. Embassies are better and it takes assets—on the ground, in whole entire team for putting this able to request and receive security en- the air, in space—to collect informa- product together by putting our coun- hancements in a timely manner. tion. It also takes the world class ana- try first. It is very important. By making sure our intelligence lysts of our intelligence community to I challenge every Member to read community is taking concerns seri- turn that information into rec- this material next year when it is an- ously and sharing the necessary infor- ommendations for policymakers. nounced that you can review the classi- mation, we can better assess and miti- We must also remain focused on Rus- fied annex. Review the classified gate threats and increase security at sian efforts to destabilize its neighbors, annex. I think they will have a better home and abroad and make our coun- particularly Ukraine, but also the Bal- perspective at the huge number of chal- try safer. tic States. Our intelligence community lenges facing the United States when it I urge my colleagues to join me in has given us insight into Russian in- comes to real threats developing passing this good piece of legislation. volvement in these efforts and into the around the world. Mr. ROGERS of Michigan. Mr. events that led to the tragic downing Mr. Speaker, I would again say Speaker, I reserve the balance of my of the Malaysian airliner last summer. thanks to all, and I yield back the bal- time. The bill also prioritizes vital efforts ance of my time. Mr. RUPPERSBERGER. Mr. Speak- at nonproliferation and will help give Mr. LANGEVIN. Mr. Speaker, I am proud to er, I yield 2 minutes to the gentleman us the tools that we need to assess support the Intelligence Authorization Act. As from California, Mr. ADAM SCHIFF, a events on the ground in North Korea a member of the Armed Services and Intel- great member of our committee with a and Iran and wherever there is a threat ligence Committees, I know these Authoriza- tremendous work ethic. He reads al- of WMD. tion bills provide the necessary accountability, most every piece of intelligence infor- These are but a few of the important direction, and resources for those who keep mation and comes to quality and in- matters covered in the Intelligence Au- our nation safe. formed conclusions. thorization bill. As a member of the Today’s bill reflects the continuation of the He also has focused a lot and special- committee who has been proud to work Committee’s bipartisan and bicameral work, ized in working with legislation involv- closely with both the chair and rank- and I want to thank Chairman ROGERS and ing transparency and accountability ing member, I am confident it supports Ranking Member RUPPERSBERGER for their and has spent a lot of time on an area our intelligence professionals while strong and consistent leadership on these crit- that is very important to our Intel- providing oversight that is so critical ical issues. ligence Committee, the space program. to the proper functioning of our intel- Today I want to highlight two areas of spe- Mr. SCHIFF. Mr. Speaker, I thank ligence agencies. cific interest to me. the gentleman for yielding, and I want Mr. ROGERS of Michigan. Mr. First, this legislation strikes a careful bal- to join my colleagues in urging the Speaker, I continue to reserve the bal- ance between ensuring that our nation’s se- House to support the 2015 Intelligence ance of my time. crets are kept safe and providing appropriate Authorization Act which has now re- Mr. RUPPERSBERGER. Mr. Speak- transparency with the American people. There turned to us from the Senate, but be- er, I yield myself such time as I may are lawful ways to raise concerns of wrong- fore I address the substance of the bill, consume. doing and procedures to declassify information I would like to congratulate Chairman Mr. Speaker, in closing, I urge my when appropriate. In the past, Congress has ROGERS and Ranking Member RUP- colleagues to vote for this important strengthened these avenues, including by en- PERSBERGER for their extraordinary ef- bipartisan and bicameral bill. It is the hancing whistleblower protections and the role forts to get this bill passed and to the single most effective oversight tool we of Inspectors General. President. have, and it ensures that our intel- As it has each year, this bill adds to the As a member of the Intelligence ligence community has what it needs mission of counterintelligence to ensure that Committee, I know how hard they and to keep us and our allies safe. Intel- information is protected and that the tools uti- the staff have worked to make this ligence is often the first line of defense lized by security professionals are handled happen, and I would especially like to against a dangerous world. Without it, lawfully and with full consideration for the pri- congratulate Chairman ROGERS and we are in the dark, and we are vulner- vacy and civil liberties of our intelligence pro- wish him well as he prepares to leave able. fessionals. This bill continues this important di- the House at the end of the year. It has Finally, once again, let me just say rection, asking the DNI to establish appro- been a great pleasure working with thank you to my good friend, Mr. priate guidelines to govern how publicly avail- you, and I wish you all the very best. Chairman, and to the members of the able information can be utilized. These are challenging days for Amer- committee, to our colleagues in the Second, this bill continues to support the ica’s intelligence officers and analysts. Senate, and to the men and women of work of the men and women at the front lines As ISIS continues to threaten the Mid- the intelligence community. It has of cybersecurity. It helps cyber professionals dle East; as Russia’s ‘‘little green men’’ been my honor and privilege to work at NSA, FBI, and DHS to hone their tools and continue to coordinate attacks on the with you under your great leadership skills to protect us, while supporting initiatives Ukrainian Government; as North Ko- during the 113th Congress. to grow the next-generation cyber workforce. rea’s young, isolated, and often dan- I also want to thank the Republican And it will further aid the Intelligence Commu- gerously erratic leader continues his and Democratic staffs for working to- nity in understanding and defending certain behavior; and as the international com- gether. That is what makes it work. networks from cyber threats. munity continues its efforts to secure You are only as good as your team and Mr. Speaker, I am proud of our work on this Iran’s agreement to dismantle its nu- your staff. bill, and I urge its passage. clear weapons program and infrastruc- I also would like to acknowledge the The SPEAKER pro tempore. The ture, our intelligence professionals Democratic staff: Staff Director Heath- question is on the motion offered by play a vital role in keeping us safe and er Molino, Amanda Rogers-Thorpe, Bob the gentleman from Michigan (Mr. secure. Minehart, Linda Cohen, Carly Blake, ROGERS) that the House suspend the

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.028 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8962 CONGRESSIONAL RECORD — HOUSE December 10, 2014 rules and concur in the Senate amend- not constitute a calendar day for purposes of was caused to America and in the fol- ment to the bill, H.R. 4681. section 7 of the War Powers Resolution (50 lowing weeks and months after 9/11. The question was taken. U.S.C. 1546). While we mourned the loss of many The SPEAKER pro tempore. In the SEC. 6. Each day during the period ad- loved ones, our economy was shaken to dressed by section 3 of this resolution shall opinion of the Chair, two-thirds being not constitute a legislative day for purposes its core. in the affirmative, the ayes have it. of clause 7 of rule XIII. Those attacks created and caused Mr. AMASH. Mr. Speaker, on that I $32.5 billion in losses, approximately The SPEAKER pro tempore. The gen- demand the yeas and nays. $20 billion of which were incurred by tleman from Texas is recognized for 1 The yeas and nays were ordered. insurance companies. A second similar hour. The SPEAKER pro tempore. Pursu- attack would have left the U.S. insur- Mr. SESSIONS. Mr. Speaker, for the ant to clause 8 of rule XX, further pro- ance economy insolvent, which in turn, purpose of debate only, I yield the cus- ceedings on this motion will be post- being insolvent, would have under- tomary 30 minutes to the gentleman poned. mined our entire economic structure of from Florida (Mr. HASTINGS), my dear the free enterprise system. That is why f friend, pending which I yield myself TRIA was pressed into law, to provide b 1315 such time as I may consume. During a Federal backstop to avoid an imme- consideration of this resolution, all PROVIDING FOR CONSIDERATION diate terrorism risk insurance crisis. time yielded is for the purpose of de- OF S. 2244, TERRORISM RISK IN- Sadly, terrorism has continued to be bate only. SURANCE PROGRAM REAUTHOR- an ongoing threat to our Nation and, IZATION ACT OF 2014; PROVIDING GENERAL LEAVE for the foreseeable future, I think that FOR CONSIDERATION OF MO- Mr. SESSIONS. Mr. Speaker, I ask we need to remain vigilant and pre- TIONS TO SUSPEND THE RULES; unanimous consent that all Members pared for those consequences. So the AND PROVIDING FOR PRO- have 5 legislative days to revise and ex- cost of terrorism still looms large, and CEEDINGS DURING THE PERIOD tend their remarks. acts of terrorism are uninsurable risks FROM DECEMBER 12, 2014, The SPEAKER pro tempore. Is there that could sink our insurance markets THROUGH JANUARY 3, 2015 objection to the request of the gen- without this new, updated program. tleman from Texas? Mr. SESSIONS. Mr. Speaker, by di- In this way, TRIA is a vital economic There was no objection. rection of the Committee on Rules, I piece of our Nation’s comprehensive se- Mr. SESSIONS. Mr. Speaker, today call up House Resolution 775 and ask curity strategy because it allows for the House of Representatives is consid- for its immediate consideration. the American economy to recover more The Clerk read the resolution, as fol- ering a rule for consideration of a bill quickly in the event of an attack. I be- lows: to reauthorize the Terrorism Risk In- lieve it does more than that. I believe surance Program, or a program known H. RES. 775 it puts in place building blocks for us as TRIA. Without this bill, TRIA is set to understand responsibility, economic Resolved, That upon adoption of this reso- to expire on December 31, meaning that lution it shall be in order to consider in the security, and how we would build back House the bill (S. 2244) to extend the termi- the House and the Senate must now act based upon rule of law and under- nation date of the Terrorism Insurance Pro- or the program will end at the end of standing about what would happen at a gram established under the Terrorism Risk this year. time of chaos. Insurance Act of 2002, and for other purposes. Since TRIA was signed into law in TRIA provides certainty, certainty All points of order against consideration of 2002, it has served as an effective means to our marketplace, by giving policy- the bill are waived. The amendment in the of dealing with the problem of avail- holders and insurers the tools that nature of a substitute printed in the report ability of terrorism insurance. TRIA they need to understand and to develop of the Committee on Rules accompanying has enabled the private insurance mar- this resolution shall be considered as adopt- a market-based solution to the eco- ed. The bill, as amended, shall be considered ket to provide an essential type of cov- nomic threat that could be posed by as read. All points of order against provi- erage that otherwise may not exist. terrorism. It gives policyholders and sions in the bill, as amended, are waived. The However, like many other govern- insurance providers the opportunity to previous question shall be considered as or- ment programs, TRIA needs to be model risk and to diversify their expo- dered on the bill, as amended, and on any looked at and reformed in order to sure with an understanding of what the further amendment thereto, to final passage serve its original purpose, and that is law would provide. without intervening motion except: (1) one why we are here today, Mr. Speaker. I am encouraged by the reforms hour of debate equally divided and controlled Thanks to the leadership of Chair- by the chair and ranking minority member championed by, yesterday, up in the of the Committee on Financial Services; and man JEB HENSARLING and Vice Chair- Rules Committee, Chairman JEB HEN- (2) one motion to commit with or without in- man RANDY NEUGEBAUER of the Finan- SARLING from the Fifth Congressional structions. cial Services Committee, S. 2244 pro- District of Texas, who has placed many SEC. 2. It shall be in order at any time on vides for many of those necessary re- of these new items directly into the the legislative day of December 11, 2014, for forms that will protect taxpayers, pro- bill as a result of hard negotiation. the Speaker to entertain motions that the mote market stability, and provide for These are called reforms, Mr. Speak- House suspend the rules as though under economic security for the American er, and three reforms stand out to me clause 1 of rule XV. The Speaker or his des- people, all in one, brand-new package. ignee shall consult with the Minority Leader as being particularly important. or her designee on the designation of any What we are doing here today is im- First, section 102. It would decrease matter for consideration pursuant to this portant and essential for many people, the Federal share of losses under the section. but it is here to maintain the stability program by 1 percentage point annu- SEC. 3. On any legislative day of the second of a marketplace. ally until it equals 80 percent. That session of the One Hundred Thirteenth Con- Mr. Speaker, I would like to take us means that the Federal taxpayers will gress after December 11, 2014— back to 2001, shortly after the terrorist be responsible for less of the initial (a) the Journal of the proceedings of the attacks on 9/11. None of us will ever costs incurred after a terrorist attack previous day shall be considered as approved; and forget where we were when we first than under the current law. (b) the Chair may at any time declare the heard and saw of the terrorist attacks Second, section 103. 103 would in- House adjourned to meet at a date and time, that attacked our homeland in New crease the program trigger to $200 mil- within the limits of clause 4, section 5, arti- York City, at the Pentagon, and in a lion in $20 million increments over 5 cle I of the Constitution, to be announced by field in Pennsylvania. The accom- years. This means that TRIA would not the Chair in declaring the adjournment. panying stories of heroism and the kick in, the government program SEC. 4. The Speaker may appoint Members deeds by Americans and others were would not kick in until there was $200 to perform the duties of the Chair for the du- simply heroism at its finest at a time million in insurable losses following an ration of the period addressed by section 3 of this resolution as though under clause 8(a) of of attack on this country. attack, ensuring that the government rule I. What some might not remember, would not only get involved if an at- SEC. 5. Each day during the period ad- though, is the remarkable amount of tack had a massive impact, but we dressed by section 3 of this resolution shall economic uncertainty and damage that would know the rules ahead of time.

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.030 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8963 Third, section 104. Section 104 would Mr. HASTINGS of Florida. Mr. With less than 2 legislative days left increase the amount of Federal assist- Speaker, I yield myself such time as I before funding for the Federal Govern- ance that the Treasury Secretary must may consume. ment expires, I am troubled by the ad- recoup from the insurance industry fol- I thank the gentleman, my good dition of this extraneous, nongermane lowing a certified act of terrorism. friend from Texas (Mr. SESSIONS), the derivative end user margin provision, This means that Federal taxpayers are chairman of the Rules Committee for which is a disappointing setback to the getting, once again, a better and well- yielding me the customary 30 minutes. progress made during the last few understood deal with insurers than Mr. Speaker, S. 2244 reauthorizes, weeks of bipartisan negotiations, and they would have gotten before this im- through December 31, 2020, the Ter- it risks the entire bill’s defeat over in portant reform. rorism Risk Insurance Act, also known the other body. Finally, S. 2244 would provide a as TRIA. These last-minute changes to Dodd- much-needed change to Dodd-Frank. It This much-needed reauthorization Frank were not previously agreed to, is a piece of legislation that was passed ensures that the program will continue as they were included without inform- a few years ago that is causing chaos in to protect our Nation’s taxpayers in ing Democrats after an agreement was the marketplace: higher cost, uncer- the event of severe loss from an act of reached on Monday night. After tainty, and overwhelming regulation terror, while providing the security months of negotiations, my friends, the by the Federal Government. Federal and stability necessary for our Na- House Republicans, then announced an regulators have interpreted parts of tion’s businesses to grow and invest. emergency Rules Committee meeting Dodd-Frank to apply to nonfinancial TRIA was a direct response by the with only 21⁄2-hours’ notice. companies who are called ‘‘end users.’’ Federal Government to the terrorist Almost 3,000 lives were lost and an These end users are people who were attacks of September 11, 2001, and the estimated $40 billion in insured losses never expected to become subject to resulting disruptions from that act of sustained in the absolutely horrible at- the requirements of Dodd-Frank, such terrorism to coverage under commer- tacks of 9/11. TRIA helped our Nation as ranchers, farmers, and small busi- cial policies in the marketplace. rebuild and recover, and it continues to ness owners. This Dodd-Frank fix Since 2002, it has provided companies protect the American people today. would clarify that true derivatives end with affordable access to terrorism in- Such an important program deserves users are exempt from the margin re- surance coverage, while serving as a better than the partisan sleight of quirements applied by Dodd-Frank to backstop for insurers against the most hand represented by the last-minute derivatives contracts. With this re- severe terrorism-related losses. addition. form, end users will be able to use de- Currently, in order to receive pay- Mr. Speaker, I reserve the balance of rivatives to hedge risks, which allows ment for claims, insurance companies my time. them to maintain low and stable prices must pay a deductible equivalent to 20 Mr. SESSIONS. Mr. Speaker, I note for consumers. That, in turn, frees up percent of the previous year’s direct that today we have a speaker for our capital that can be used to create earned premium for covered commer- friends, the Democrats, as well as the brand-new jobs, current jobs, and to cial lines. vice chairman of the Committee on Fi- nancial Services who are here, really, I grow our free enterprise system in b 1330 America. believe, to give this body a real shot in Furthermore, the insured loss must the arm about how important this leg- This fix is not particularly con- be at least $100 million before the Fed- islation is. I think about what a great troversial. In fact, the current policy of eral Government will cover 85 percent job the process has gone through and requiring nonfinancial companies to of each company’s losses up to $100 bil- achieved. adhere to the same margin require- lion, with the other 15 percent of losses I would like to yield 3 minutes to the ments as financial companies was not the obligation of insurers. gentleman from Texas (Mr. NEUGE- intended when the original bill passed. In addition to extending TRIA by 6 BAUER). Then I want to bring him back To fix this problem, earlier in this years, S. 2244 also makes a number of as he wants to talk a little bit more, Congress, the U.S. House of Represent- important changes to the program. but we want to make sure that we get atives passed H.R. 634. Yes, I voted for Gradually, as Mr. SESSIONS explained, to our colleague from New York before it, along with 410 other Members of it will increase the program’s threshold it takes too much time. this body, in a bill presented by and au- from $100 million to $200 million as well Mr. NEUGEBAUER. I thank the thored by Congressman MICHAEL as slightly increase the amount the chairman of the Rules Committee for GRIMM of New York, 411–12, over- government recoups from private in- allowing me this time. whelming, broad bipartisan consensus surers up to 140 percent. Moreover, this Mr. Speaker, this is a very important as we looked at the impact of that bill. legislation decreases the government’s piece of legislation to our country. We Mr. Speaker, I applaud the young share of losses from 85 to 80 percent. have heard a little bit of the history chairman of the Financial Services I am pleased to share that the final that, after 9/11, the insurance industry Committee, JEB HENSARLING, for his measure before us today does not in- took a pretty substantial hit. Their re- hard work. I also applaud the vice clude a contentious provision that serves were drained to pay out on these chairman of the committee, RANDY would have bifurcated TRIA based on claims. As they were looking at writ- NEUGEBAUER from Lubbock, Texas, who the type of terrorist attack, essentially ing new business, they were very con- has worked very hard on this reauthor- treating nuclear, biological, chemical, cerned about what the future held be- ization of TRIA. It is essentially his and radiological attacks differently cause America had never experienced bill. It came out of his subcommittee, than conventional attacks. The reau- that kind of disaster in the past, so and he has done yeoman’s work to thorization of TRIA is broadly sup- they were trying to figure out how to make sure that we understand what ported by members of the business underwrite those in the future. TRIA the deal is through law, how to protect community and by many of my col- was put into place temporarily to be a taxpayers, what the government role leagues in Congress on both sides of the backstop for the industry for them to is, and it means that we can move for- aisle. get back on their feet. They have got- ward from here with the certainty that However, while we can agree that ten back on their feet, and their re- American taxpayers and the industry TRIA is both necessary and must be re- serves are at all-time highs, and they have a well-understood deal. authorized, S. 2244 also includes an un- have had a number of years now to I am also glad, though, that this is related provision that changes the model this risk. good for small business; it is good for Dodd-Frank Wall Street Reform and The reason it was originally impor- farmers; it is good for ranchers; it is Consumer Protection Act. In par- tant to do that was, basically, in order good for Members of Congress, 411 of us ticular, it exempts manufacturers, en- to continue the construction projects that had voted for pieces of this bill be- ergy companies, and agricultural firms, or the number of projects around the fore today. known as end users, from having to put country, the insurance industry needed Mr. Speaker, I reserve the balance of up collateral when they are trading de- some assurance that they wouldn’t my time. rivatives. have to bear that kind of event again.

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.032 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8964 CONGRESSIONAL RECORD — HOUSE December 10, 2014 When we began to look at this proc- State one resides in, to do business in Separately, I want to note for the ess when we knew this was going to ex- other States. None of the policy that is record that I support the end user mar- pire at the end of this year, we knew in this bill is new policy. This is policy gin bill, which would simply clarify that there were kind of three options that this body has voted on in the past. that end users of derivatives, such as out there. One was to let the program With that, I think we have got a good airlines and manufacturers, are not expire as it was meant to be a tem- bill. subject to Dodd-Frank’s margin capital porary program. There were some I see my good friend from New York requirements. Members who wanted to do that, and (Mrs. MALONEY) over there, and I am The SPEAKER pro tempore. The some Members did not. Others wanted anxious to hear her thoughts on that time of the gentlewoman has expired. to just extend the program the way it because this is an issue that she has Mr. HASTINGS of Florida. I yield the was. Under the Bush administration, been very interested in. gentlewoman an additional 2 minutes. though, we began a process to begin to Mr. HASTINGS of Florida. Mr. Mrs. CAROLYN B. MALONEY of New reform this and to begin to transition Speaker, I am very pleased at this time York. I voted for this bill in com- more and more of the risk away from to yield 21⁄2 minutes to the distin- mittee, which, as noted, passed this the taxpayers and back to the insur- guished gentlewoman from New York body with 400 votes, and also on the ance companies. Unfortunately, when (Mrs. CAROLYN B. MALONEY), who is the floor. However, I strongly oppose this it was last reauthorized, none of those ranking member of the Financial Serv- rule because it puts TRIA’s passage in reforms were built into it. Even the ices Subcommittee on Capital Markets the Senate in jeopardy, and this is President of the United States says and Government Sponsored Enter- truly unfortunate. that TRIA needs to be reformed, and he prises. Before the Rules Committee, Rank- has offered up, for example, to change Mrs. CAROLYN B. MALONEY of New ing Member WATERS and I suggested the trigger levels. York. I thank the gentleman, my good that we divide this out, have TRIA and One of the things we have done with friend, for yielding and for all of his the other bill—the Dodd-Frank, the this bill is we didn’t really change the hard work on this issue and on many regulatory bill—separate so that there overall structure of TRIA. We could others. would not be a problem in the Senate. have written a whole new terrorism in- Mr. Speaker, I rise in opposition to Unfortunately, that did not happen, surance program. We didn’t think that this rule because I believe the approach and I am extremely concerned that this was good for the market. The market we are taking jeopardizes the passage puts in jeopardy the passage of a bill had already begun to adapt to the cur- in the Senate of a good, bipartisan that is critically important to the rent framework, so we felt, if we compromise to extend the Terrorism economy of this country. worked within the existing frame- Risk Insurance Act, or TRIA. Mr. SESSIONS. Mr. Speaker, I yield work—changing some of the triggers TRIA is incredibly important to New myself such time as I may consume. and some of the knobs on this par- York—and to the entire country—and Exactly what the gentlewoman ticular program—that that would begin it is critically important that we pass speaks about was part of the long dis- to allow the industry to take on more a long-term extension of this bill. After cussion that we had in the Rules Com- of the risk and for the taxpayers to 9/11, all construction in New York City mittee yesterday. The gentleman from take less of that risk. I think we have stopped. You could not even build a hot Dallas, Texas, Chairman HENSARLING, accomplished that with this bill. dog stand. Thousands of people lost very clearly went through—piece, by As has been pointed out, I think a lot their jobs, and business ground to a piece, by piece—the things which the of people, quite honestly, don’t know a halt because we could not get ter- Senate had added which were extra- lot about TRIA. One of the things is rorism insurance. The only insurance neous to TRIA and that were in their that the insurance industry takes the available was from Lloyd’s of London, bill that they passed. Likewise, the first losses under this program. So, if and it was difficult to get and incred- chairman outlined what he was for. He there were a loss today, as the gen- ibly expensive. described a bill that got 411 votes in tleman mentioned, 20 percent of the If we do not reauthorize TRIA, no this body. previous year’s premiums, which, if in- business will be able to get terrorism One thing was a very pleasant sur- dustrywide, would be about $40 billion insurance in this country, and all con- prise, and I thought it was very wisely today, would go directly to the insur- struction will stop, costing thousands done by the Secretary of the Treasury. ance companies. Should those losses of jobs in our country. I must say, of I would like to read what Secretary exceed that—should we have another all of the government programs that Jacob Lew said in a letter that was ad- catastrophic event—then what would helped New York rebuild, I would say dressed on December 7, just this week, happen is that the taxpayers and the this program was the most important, to the Honorable CHARLES E. SCHUMER. insurance industry would begin to and it did not cost taxpayers one dime. CHUCK SCHUMER is the leader of this share those expenses with a provision I want to emphasize that I strongly TRIA bill in the Senate. now. We have strengthened that in this support the TRIA compromise in this He said: bill. I think one of the more important bill that was reached between Chair- Dear Senator Schumer, I want to thank man HENSARLING and Vice Chair you for your leadership on extending the parts of it is that the taxpayers would Terrorism Risk Insurance Act and its pro- NEUGEBAUER, along with Senator SCHU- get their money back and would get gram. As you know well, TRIA is critical to MER and Ranking Member WATERS. some return on their money. I think we our economic and national security. Ter- are headed in a good direction. However, the deal reached did not in- rorism insurance is necessary for a broad The SPEAKER pro tempore (Mr. clude the end user margin bill that is range of economic activities in areas across LATHAM). The time of the gentleman also included in the underlying TRIA the country and would be prohibitively ex- has expired. bill, which Senator SCHUMER and many pensive or unavailable in the absence of the Mr. SESSIONS. I yield the gentleman other Senators are strongly objecting program. an additional 2 minutes. to. There is clear bipartisan support in both Mr. NEUGEBAUER. I would respond The reason this was not part of the the Senate and the House to enact a long- term extension while making reforms to fur- to the point that some extraneous agreement is that adding unrelated ther reduce taxpayer exposure. Time is run- things were put in this bill. When it bills that amend Dodd-Frank makes it ning short to head off an unnecessary, un- came over from the Senate, it came much more difficult to pass this bill in precedented, and disruptive lapse of the pro- over with an extraneous item in it as the Senate. Where there are any gram, which is scheduled to expire in just a well, and that was to change the struc- changes to Dodd-Frank, many Senators few weeks. ture of future Federal Reserve Board of take exception. It is very difficult to Given the economic necessity and national Governors. pass them. This, unfortunately, jeop- security implications of this legislation, They also sent over a program which, ardizes the chances of passing this im- TRIA’s reauthorization should not be de- layed due to disagreements over entirely un- quite honestly, I agree with, which is portant reauthorization of TRIA in the related financial regulatory issues. I appre- something that is in this bill, of allow- Senate, and it is extremely important ciate the hard work you and your bipartisan ing your local insurance agent—if he is to the overall economy of this country colleagues are doing to reauthorize a long- licensed in or she is licensed in the to pass this bill. term extension of the TRIA.

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.034 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8965 Mr. Speaker, I would like to insert bring the market certainty in that we move this forward. Time is running this in the RECORD. didn’t materially change the program short, and the marketplace needs that DEPARTMENT OF THE TREASURY, and that we are doing a long-term re- certainty. I am confident that we will Washington, DC, December 7, 2014. authorization. pass this bill in the House today, and Hon. CHARLES E. SCHUMER, I think the interesting thing is—and we are going to encourage our folks U.S. Senate, I think we can make the point—there over in the Senate to ratify that. We Washington, DC. DEAR SENATOR SCHUMER: I write to thank is really not anything controversial in hope the President of the United States you for your leadership on extending the this bill. Now, there are some people will help bring market certainty to the Terrorism Risk Insurance Act (TRIA) and its who don’t like the fact that there have American industry in the future. Program. As you know well, TRIA is critical been some things included in it. But, Mr. HASTINGS of Florida. Mr. to our economic and national security. Ter- quite honestly, we are taking up a Sen- Speaker, I yield myself the balance of rorism insurance is necessary for a broad ate bill that was sent over to us with the time, although I certainly don’t in- range of economic activities in areas across extraneous policy built into it. It is tend to use that much time. the country, and would be prohibitively ex- pensive or unavailable in the absence of the policy that, quite honestly, some of us But I do wish to point out, Mr. Program. agree with, particularly the NARAB. Speaker, since there has been discus- There is clear bipartisan support in both And why that NARAB provision, sion regarding the changes that are ex- the Senate and the House to enact a long- NARAB II, is important, as I said ear- traneous to the base bill—more specifi- term extension while making reforms to fur- lier, is because your local insurance cally, the changes with reference to ther reduce taxpayer exposure. Time is run- agent now can do business in adjoining Dodd-Frank—and other changes that ning short to head off an unnecessary, un- the Senate included in the measure precedented, and disruptive lapse of the Pro- States without having to go take a li- gram, which is scheduled to expire in a few cense test in each individual State. It that has now come to the House: my weeks. doesn’t preempt the States’ ability to understanding is, and I stand to be cor- Given the economic necessity and national regulate the insurance activity in that rected, that the changes that were security implications of this legislation, State but actually streamlines it and made in the Senate were not measures TRIA’s reauthorization should not be de- basically is a small business bill. having to do with Dodd-Frank. It ap- layed due to disagreements over entirely un- The other issue that has been talked pears that that is where the provisions related financial regulatory issues. I appre- ciate the hard work you and your bipartisan about is this Business Risk Mitigation are likely to come into play in that my colleagues are doing to reauthorize a long- and Stabilization Act. That is an im- friends on the other side included the term extension of the TRIA. portant piece of legislation because a Dodd-Frank language after the nego- Sincerely, lot of our small businesses are out tiations had been put forward. JACOB J. LEW. there. They are trying to raise capital. The fact of the matter is, it does ap- b 1345 They are trying to create jobs. And pear that several Members of the other there are certain risks that they just body have indicated that they are op- Mr. SESSIONS. Mr. Speaker, this is don’t want to take or they feel like it posed to it. I don’t believe that means from the Secretary of the Treasury, is in the best interest of their business that they are opposed to TRIA, but I do who is asking Mr. SCHUMER, please, to be able to help someone risk-share believe it means that they are opposed let’s work to get this done because it that with. And many of the products to changes in Dodd-Frank. makes sense. TRIA has been a widely successful I yield 10 minutes to the gentleman that they buy to share that risk, the risk factor of doing business with that program that has created jobs, fostered from Lubbock, Texas (Mr. NEUGE- company is already priced into that certainty in the marketplace, and pro- BAUER), the vice chairman of the com- tected U.S. economic security, all at no mittee, who can further delve into the transaction. cost to the taxpayer. Reauthorization, issues about how important this meas- But we have an overinterpretation in my judgment, is essential to current ure is. here now, where not only are those Mr. NEUGEBAUER. I thank the dis- businesses paying a risk premium but and future commercial development in tinguished chairman of the Rules Com- they are also having to put up addi- communities all across this country mittee. tional collateral. So this begins to and to our Nation’s long-term eco- Mr. Speaker, I think the point that keep the working collateral for the nomic prosperity. we want to continue making here is company so that they can invest in I don’t believe my Republican col- that when we use the existing frame- new equipment and in things that can leagues really want to play chicken work, the objective here was to give help create new jobs in this country. with this vital national and economic certainty to the industry—both the in- I want to talk about the fact that 411 security program in order to strong- surance industry and to the people that people, including the gentlewoman arm the process on an unrelated finan- the insurance industry is insuring—so from New York (Mrs. CAROLYN B. cial services provision. that over the next 6 years, they will MALONEY), voted for this piece of legis- You know, Mr. Speaker and friends, know what the policy is. But at the lation. So this is not something that when the 113th Congress began, it same time, we are beginning to transi- we are trying to sneak in on anybody. began with the distinguished Speaker tion some of these reforms that hope- This is something that was voted on, in of the House enunciating, among other fully will be a trend for future reau- this House, by 411 votes. things, that we would have an open and thorizations, should they be necessary. And Mr. Dodd and Mr. Frank, the pri- transparent process. And let me emphasize that: should mary authors of the Dodd-Frank bill, This is the 83rd closed rule that my they be necessary. both said that this was never an inten- friends on the other side have brought One of the things that we do know is tion of Dodd-Frank and have spoken in to this body. It rivals any in the his- that the industry is doing a better job favor of some kind of reform to that in tory of this country, and I have been in of being able to model what the poten- the future. the majority and in the minority as a tial risks are. There is some mitigation So this is a good piece of legislation, member of the Rules Committee and going on to make sure that new struc- and I am a little concerned that my have seen Members of my party advo- tures, new facilities take into account colleagues think that it is in jeopardy. cate and pass closed rules. preventing the potential for certain Well, the only reason it would be in When I came to the body in 1992, I types of attacks. So we want to encour- jeopardy is if our colleagues over on had very little understanding about the age that kind of behavior. But it the other side of the building decide, process, and I recall very vividly when doesn’t encourage that kind of behav- for some reason, that they don’t want I went home for the first time—the ior if there isn’t some economic incen- to reauthorize TRIA. That is certainly Democrats were in the majority—and tive. There is no economic incentive if a decision that they would be making all of the talk on the radio shows that the taxpayers keep having to pick up on their own. But, again, nothing in I would appear on was, Your party is the bills on a number of these pro- this bill is policy that has not been passing closed rules. I am not so sure grams. considered by this body in the past. that generally the public is mindful of I am very pleased with the reforms So, Mr. Speaker, I encourage my col- this inside process, but the essence of that are built into this. I think we leagues to support this rule. We need to it allows that Members who are not on

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.035 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8966 CONGRESSIONAL RECORD — HOUSE December 10, 2014 the relevant committees or Members the architect of much of this legisla- The SPEAKER pro tempore. The who did not have their amendments tion and the person who has the au- question is on the resolution. made in order before the Rules Com- thority and the responsibility to the The question was taken; and the mittee are precluded under closed rules subcommittee—who worked with Speaker pro tempore announced that from having an opportunity to put for- Chairman HENSARLING to develop lead- the ayes appeared to have it. ward their ideas which might benefit ing-edge ideas that they could feel free Mr. HASTINGS of Florida. Mr. the legislation or, if they feel like the to bring to this body and support. Speaker, on that I demand the yeas legislation is deserving of burdening it, So I think it is just critical that we and nays. might very well do that as well. are here today. We are going to get our The yeas and nays were ordered. But I will close by saying that I work done. It is really noncontrover- The SPEAKER pro tempore. Pursu- never thought that we would have 83 sial, except if we just want to roll over ant to clause 8 of rule XX, this 15- closed rules. and second-guess what the Senate minute vote on adopting the resolution I am privileged to be able to serve in wants to do. They had their shot at it, will be followed by 5-minute votes on the 114th Congress, and my great hope and they added some ‘‘extraneous suspending the rules and passing S. is that we get past this particular measures,’’ none that had been passed 1000 and agreeing to the Speaker’s ap- method of cutting off other Members in with 90-plus percent of their body. We proval of the Journal. this body from having full participa- are going to work through this, and it The vote was taken by electronic de- tion in the world’s greatest delibera- is going to be doing the right thing for vice, and there were—yeas 231, nays tive body. the right reason. 189, not voting 14, as follows: I urge my colleagues to vote ‘‘no’’ on As I have said, I think it is important [Roll No. 554] the rule, and I yield back the balance that we know why we are here, what YEAS—231 of my time. we are doing. We have talked about the Aderholt Gibbs Murphy (PA) Mr. SESSIONS. Mr. Speaker, I yield Secretary of Treasury, Secretary Lew, Amash Gibson Neugebauer myself such time as I may consume. writing a letter to CHUCK SCHUMER, the Amodei Gingrey (GA) Noem I thank the distinguished gentleman lead in the Senate, saying, Hey, listen, Bachmann Gohmert Nugent from Florida not only for the effort Bachus Goodlatte Nunes let’s get this thing done. It is so impor- Barber Gosar Nunnelee that we have had today but also at the tant. Barletta Gowdy Olson Rules Committee yesterday, where the Chairman NEUGEBAUER, Chairman Barr Granger Palazzo committee heard really, really great HENSARLING, the just-in-time arrival of Barton Graves (GA) Paulsen points, perhaps on both sides, but great Benishek Graves (MO) Pearce a bill, the Rules Committee, a long de- Bentivolio Griffin (AR) Perry points about how important this legis- bate, a long discussion—there is plenty Bilirakis Griffith (VA) Petri lation is not only to the country but to of time to debate on the floor today. Bishop (UT) Grimm Pittenger the stability of the marketplace and Black Guthrie Pitts Any Member that wanted to could Blackburn Hanna Poe (TX) the ability to keep and grow jobs. show up here. There is just not a lot to Boustany Harper Pompeo I also heard the gentleman very be upset about. It is just really a good Brady (TX) Harris Posey clearly talk about his displeasure of mark of the fine work that the gentle- Brat Hartzler Price (GA) having a number of closed rules. And I Bridenstine Heck (NV) Reed men from Texas, Mr. NEUGEBAUER and Brooks (AL) Hensarling Reichert would just thank the gentleman for re- Mr. HENSARLING, have done. Brooks (IN) Herrera Beutler Renacci minding me, as chairman of the com- So it was really a pretty interesting Broun (GA) Holding Ribble mittee, and would respond back that meeting yesterday. I got to learn a lot. Buchanan Hudson Rice (SC) Bucshon Huelskamp Rigell almost every single week we were in And the members of the Rules Com- Burgess Huizenga (MI) Roby session, we put into play more amend- mittee said, this is the right thing to Byrne Hultgren Roe (TN) ments for Democrats than HARRY REID do. Let’s not get in the way. It is im- Calvert Hunter Rogers (AL) did in 6 years for any Republican in the Camp Hurt Rogers (KY) portant to the country. Capito Issa Rogers (MI) United States Senate. And I have tried Mr. Speaker, once again, I would like Carter Jenkins Rohrabacher to make sure that what I do is based to say that I think the Secretary is Cassidy Johnson (OH) Rokita upon some bit of fairness. right. I think the chairman of the com- Chabot Johnson, Sam Rooney Chaffetz Jolly Ros-Lehtinen But the facts of the case are, the last mittee is right. I think the vice chair- Clawson (FL) Jones Roskam time this TRIA bill was on the floor, man of the committee is right. I think Coble Jordan Ross then-Chairman Barney Frank asked for many of the people who came up to the Coffman Joyce Rothfus and received a closed rule, so he did the Cole Kelly (PA) Royce Rules Committee yesterday were right. Collins (GA) King (IA) Runyan same thing in 2007. Republicans have This is a great piece of legislation. Collins (NY) King (NY) Ruppersberger also, under these processes, done the This package will provide a long-term Conaway Kingston Ryan (WI) same thing, except that in 2005 and extension to TRIA. It is going to make Cook Kinzinger (IL) Salmon Cotton Kline Sanford 2007, they were done on suspension, reforms to protect taxpayers. It is Cramer Labrador Scalise meaning that we had about 10 minutes going to make sure the industry under- Crawford Lamborn Schock to talk about the effort. stands what it is. It is a bipartisan fix. Crenshaw Lance Schweikert Today what we have tried to do is to It is going to include a bill with 411 Culberson Lankford Scott, Austin Daines Latham Sensenbrenner have a full debate in the Rules Com- votes out of this body. I think it is a Davis, Rodney Latta Sessions mittee. The gentleman from Florida darn good deal, and I am delighted to Denham LoBiondo Shimkus (Mr. HASTINGS), among others, was al- do that. Dent Long Shuster lowed as much time as anybody wanted DeSantis Lucas Simpson So I urge my colleagues to vote DesJarlais Luetkemeyer Sinema to discuss the ideas and fully vet the ‘‘yes.’’ Vote ‘‘yes’’ on this rule and Diaz-Balart Lummis Smith (MO) views of not only the ranking member ‘‘yes’’ on the underlying legislation. Duffy Marchant Smith (NE) and the gentlewoman from New York Mr. SESSIONS. Mr. Speaker, the prelimi- Duncan (SC) Marino Smith (NJ) Duncan (TN) Massie Smith (TX) but also the gentleman from Texas nary estimate of the amendment in the nature Ellmers McAllister Southerland (Mr. HENSARLING) to explain to the of a substitute, which was available at the time Eshoo McCarthy (CA) Stewart Rules Committee that most Members Rules Committee Report 113–654 was pre- Farenthold McCaul Stivers are not aware of all the arguments, the Fincher McClintock Stockman pared, estimated that the legislation would re- Fitzpatrick McHenry Stutzman real need to make sure that TRIA was duce the deficit by $457 million over 10 years. Fleischmann McKeon Terry done well, and it was better to do it The final table provided by CBO estimates Fleming McKinley Thompson (CA) well. And certainly putting a closed that the legislation would reduce the deficit by Flores McMorris Thompson (PA) Forbes Rodgers Thornberry rule means we can get through things $456 million. Fortenberry Meadows Tiberi in these remaining days. Good legisla- Mr. SESSIONS. Mr. Speaker, I yield Foxx Meehan Tipton tion—this bill is a 411-vote piece of leg- back the balance of my time, and I Franks (AZ) Messer Turner islation. move the previous question on the res- Frelinghuysen Mica Upton Gardner Miller (MI) Valadao You heard from Chairman NEUGE- olution. Garrett Mullin Wagner BAUER from Lubbock, Texas—really, The previous question was ordered. Gerlach Mulvaney Walberg

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.036 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8967 Walden Whitfield Yoder ference. Had I been present, I would have Huelskamp Meadows Sanford Walorski Williams Yoho voted ‘‘no.’’ Huffman Meehan Sarbanes Weber (TX) Wilson (SC) Young (AK) Huizenga (MI) Meeks Scalise Webster (FL) Wittman Young (IN) Ms. DELAURO. Mr. Speaker, on rollcall No. Hultgren Meng Schakowsky Wenstrup Wolf 554, had I been present, I would have voted Hunter Messer Schiff Westmoreland Womack ‘‘no.’’ Hurt Mica Schneider Israel Michaud NAYS—189 Schock f Issa Miller (MI) Schrader Adams Grijalva Nolan Jackson Lee Miller, George Schwartz Barrow (GA) Gutie´rrez Norcross Jeffries Moore Schweikert Bass Hahn O’Rourke CHESAPEAKE BAY ACCOUNT- Jenkins Moran Scott (VA) Beatty Hanabusa Owens ABILITY AND RECOVERY ACT OF Johnson (GA) Mullin Scott, Austin Becerra Hastings (FL) Pallone 2014 Johnson (OH) Mulvaney Scott, David Bera (CA) Heck (WA) Pascrell Johnson, E. B. Murphy (FL) Sensenbrenner Bishop (GA) Higgins Pastor (AZ) The SPEAKER pro tempore. The un- Johnson, Sam Murphy (PA) Serrano Bishop (NY) Himes Payne finished business is the vote on the mo- Jolly Nadler Sessions Blumenauer Hinojosa Pelosi tion to suspend the rules and pass the Jones Napolitano Sewell (AL) Bonamici Holt Jordan Neal Perlmutter bill (S. 1000) to require the Director of Shea-Porter Brady (PA) Honda Peters (CA) Joyce Neugebauer Sherman Brown (FL) Horsford Peters (MI) the Office of Management and Budget Kaptur Noem Shimkus Brownley (CA) Hoyer Peterson to prepare a crosscut budget for res- Keating Nolan Shuster Kelly (IL) Nugent Bustos Huffman Pingree (ME) toration activities in the Chesapeake Simpson Butterfield Israel Pocan Kelly (PA) Nunes Sinema Capps Jackson Lee Polis Bay watershed, and for other purposes, Kennedy Nunnelee Sires ´ Cardenas Jeffries Price (NC) on which the yeas and nays were or- Kildee O’Rourke Slaughter Carney Johnson (GA) Quigley Kilmer Olson Smith (MO) dered. Kind Owens Carson (IN) Johnson, E. B. Rahall Smith (NE) The Clerk read the title of the bill. King (IA) Palazzo Cartwright Kaptur Rangel Smith (NJ) King (NY) Pallone Castor (FL) Keating Richmond The SPEAKER pro tempore. The Smith (TX) Castro (TX) Kennedy Kingston Pascrell Roybal-Allard question is on the motion offered by Southerland Chu Kildee Kinzinger (IL) Pastor (AZ) Ruiz Speier Cicilline Kilmer the gentleman from Washington (Mr. Kirkpatrick Paulsen Rush Stewart Clark (MA) Kind HASTINGS) that the House suspend the Kline Payne Ryan (OH) Stivers Clarke (NY) Kirkpatrick Kuster Pearce Sa´ nchez, Linda rules and pass the bill. Stockman Clay Kuster Labrador Pelosi T. This will be a 5-minute vote. Stutzman Cleaver Langevin Lamborn Perlmutter Sanchez, Loretta Swalwell (CA) Clyburn Larsen (WA) The vote was taken by electronic de- Lance Perry Sarbanes Takano Cohen Larson (CT) Langevin Peters (CA) Schakowsky vice, and there were—yeas 416, nays 0, Terry Connolly Lee (CA) Lankford Peters (MI) Schiff not voting 18, as follows: Thompson (CA) Conyers Levin Larsen (WA) Peterson Schneider Thompson (MS) Cooper Lewis [Roll No. 555] Larson (CT) Petri Thompson (PA) Costa Lipinski Schrader Latham Pingree (ME) YEAS—416 Thornberry Courtney Loebsack Schwartz Latta Pittenger Tiberi Crowley Lofgren Scott (VA) Aderholt Clawson (FL) Fitzpatrick Lee (CA) Pitts Tierney Cuellar Lowenthal Scott, David Amash Clay Fleischmann Levin Poe (TX) Cummings Lowey Serrano Amodei Cleaver Fleming Lewis Polis Tipton Davis (CA) Lujan Grisham Sewell (AL) Bachmann Clyburn Flores Lipinski Pompeo Titus Davis, Danny (NM) Shea-Porter Bachus Coble Forbes LoBiondo Posey Tonko DeFazio Luja´ n, Ben Ray Sherman Barber Coffman Fortenberry Loebsack Price (GA) Tsongas DeGette (NM) Sires Barletta Cohen Foster Lofgren Price (NC) Turner Delaney Lynch Slaughter Barr Cole Foxx Long Quigley Upton DelBene Maffei Speier Barrow (GA) Collins (GA) Frankel (FL) Lowenthal Rahall Valadao Deutch Maloney, Swalwell (CA) Barton Collins (NY) Franks (AZ) Lowey Rangel Van Hollen Dingell Carolyn Takano Bass Conaway Frelinghuysen Lucas Reed Vargas Doggett Maloney, Sean Thompson (MS) Beatty Connolly Fudge Luetkemeyer Reichert Veasey Doyle Matheson Tierney Becerra Conyers Gabbard Lujan Grisham Renacci Vela Edwards Matsui Titus Benishek Cook Gallego (NM) Ribble Vela´ zquez Ellison McCarthy (NY) Tonko Bentivolio Cooper Garamendi Luja´ n, Ben Ray Rice (SC) Visclosky Engel McCollum Tsongas Bera (CA) Costa Garcia (NM) Richmond Wagner Enyart McDermott Van Hollen Bilirakis Cotton Gardner Lummis Rigell Walberg Esty McGovern Vargas Bishop (GA) Courtney Garrett Lynch Roby Walden Farr McIntyre Veasey Bishop (NY) Cramer Gerlach Maffei Roe (TN) Walorski Fattah McNerney Vela Bishop (UT) Crawford Gibbs Maloney, Rogers (AL) Walz Foster Meeks Vela´ zquez Black Crenshaw Gingrey (GA) Carolyn Rogers (KY) Wasserman Frankel (FL) Meng Visclosky Blackburn Crowley Gohmert Marchant Rogers (MI) Schultz Fudge Michaud Walz Blumenauer Cuellar Goodlatte Marino Rohrabacher Waxman Gabbard Miller, George Wasserman Bonamici Culberson Gosar Massie Rokita Weber (TX) Gallego Moore Schultz Boustany Cummings Gowdy Matheson Rooney Webster (FL) Garamendi Moran Waters Brady (PA) Daines Granger Matsui Ros-Lehtinen Welch Garcia Murphy (FL) Waxman Brady (TX) Davis (CA) Graves (GA) McAllister Roskam Wenstrup Grayson Nadler Welch Brat Davis, Danny Graves (MO) McCarthy (CA) Ross Westmoreland Green, Al Napolitano Wilson (FL) Bridenstine Davis, Rodney Grayson McCarthy (NY) Rothfus Whitfield Green, Gene Neal Yarmuth Brooks (AL) DeFazio Green, Gene McCaul Roybal-Allard Williams Brooks (IN) DeGette Griffin (AR) McClintock Royce Wilson (FL) NOT VOTING—14 Broun (GA) Delaney Griffith (VA) McCollum Ruiz Wilson (SC) Braley (IA) Hall Miller, Gary Brown (FL) DeLauro Grijalva McDermott Runyan Wittman Brownley (CA) DelBene Grimm Campbell Hastings (WA) Negrete McLeod McGovern Ruppersberger Wolf Buchanan Denham Guthrie Capuano Kelly (IL) Smith (WA) McHenry Rush Womack Bucshon Dent Gutie´rrez DeLauro LaMalfa Woodall McIntyre Ryan (OH) Woodall Duckworth Miller (FL) Bustos DeSantis Hahn McKeon Ryan (WI) Yarmuth Butterfield DesJarlais Hanabusa McKinley Salmon Yoder b 1427 Byrne Deutch Hanna McMorris Sa´ nchez, Linda Yoho Calvert Diaz-Balart Harper Mr. KILDEE, Ms. CHU, and Mr. Rodgers T. Young (AK) Camp Dingell Harris McNerney Sanchez, Loretta Young (IN) SCHNEIDER changed their vote from Capito Doggett Hartzler ‘‘yea’’ to ‘‘nay.’’ Capps Doyle Hastings (FL) NOT VOTING—18 Ca´ rdenas Duffy Hastings (WA) Messrs. TIBERI and THOMPSON of Carney Duncan (SC) Heck (NV) Adams Gibson Miller, Gary California changed their vote from Carson (IN) Duncan (TN) Heck (WA) Braley (IA) Green, Al Negrete McLeod Carter Edwards Hensarling Burgess Hall Norcross ‘‘nay’’ to ‘‘yea.’’ Campbell LaMalfa Pocan So the resolution was agreed to. Cartwright Ellison Herrera Beutler Cassidy Ellmers Higgins Capuano Maloney, Sean Smith (WA) The result of the vote was announced Castor (FL) Engel Himes Duckworth Miller (FL) Waters as above recorded. Castro (TX) Enyart Hinojosa A motion to reconsider was laid on Chabot Eshoo Holding b 1436 the table. Chaffetz Esty Holt Stated against: Chu Farenthold Honda So (two-thirds being in the affirma- Cicilline Farr Horsford Ms. KELLY of Illinois. Mr. Speaker, on roll- Clark (MA) Fattah Hoyer tive) the rules were suspended and the call No. 554 I was detained at a Press Con- Clarke (NY) Fincher Hudson bill was passed.

VerDate Sep 11 2014 02:51 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.011 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8968 CONGRESSIONAL RECORD — HOUSE December 10, 2014 The result of the vote was announced Esty Lucas Roskam Palazzo Roe (TN) Thompson (PA) as above recorded. Farr Luetkemeyer Ross Pallone Ros-Lehtinen Tiberi Fattah Lujan Grisham Rothfus Pastor (AZ) Ryan (OH) Tipton A motion to reconsider was laid on Fleischmann (NM) Roybal-Allard Paulsen Sa´ nchez, Linda Turner the table. Fortenberry Luja´ n, Ben Ray Royce Payne T. Upton Stated for: Foster (NM) Ruiz Pearce Sanchez, Loretta Valadao Frankel (FL) Lummis Perry Sarbanes Mr. POCAN. Mr. Speaker, on rollcall No. Runyan Veasey Franks (AZ) Marchant Ruppersberger Peters (CA) Schakowsky Vela Peters (MI) Schock 555, had I been present, I would have voted Frelinghuysen Massie Rush Vela´ zquez Gabbard Matsui Peterson Sewell (AL) ’’yes.’’ Ryan (WI) Visclosky Gallego McAllister Pittenger Shuster Salmon Walberg Mr. AL GREEN of Texas. Mr. Speaker, Garamendi McCarthy (CA) Poe (TX) Sires Sanford Walden today I missed the following vote: S. 1000— Gerlach McCarthy (NY) Price (GA) Slaughter Scalise Gingrey (GA) McCaul Rahall Smith (MO) Weber (TX) Chesapeake Bay Accountability and Recovery Schiff Goodlatte McClintock Reed Stivers Wenstrup Act of 2014. Had I been present, I would have Schneider Gowdy McCollum Reichert Stockman Wilson (FL) voted ’’yes’’ on this bill. Granger McHenry Schrader Renacci Swalwell (CA) Wittman Mr. NORCROSS. Mr. Speaker, had I been Grayson McIntyre Schwartz Rice (SC) Terry Woodall present for rollcall No. 555 on passage of the Griffith (VA) McKeon Schweikert Richmond Thompson (CA) Yoder Grimm McMorris Scott (VA) Rigell Thompson (MS) Chesapeake Bay Accountability and Recovery Guthrie Rodgers Scott, Austin Act of 2014 under suspension of this rules, I Hahn McNerney Scott, David ANSWERED ‘‘PRESENT’’—1 would have voted ’’yes.’’ Hanabusa Meadows Sensenbrenner Owens Harper Meehan Serrano f Harris Meeks Sessions NOT VOTING—17 Hartzler Meng Shea-Porter Barton Forbes Miller (FL) MOMENT OF SILENCE IN REMEM- Hastings (WA) Messer Sherman Braley (IA) Gohmert Miller, Gary BRANCE OF MEMBERS OF Heck (WA) Mica Shimkus Campbell Grijalva Negrete McLeod ARMED FORCES AND THEIR Hensarling Michaud Simpson Capuano Hall Smith (WA) Himes Miller (MI) FAMILIES Sinema DeLauro Kennedy Young (AK) Hinojosa Moran Smith (NE) Duckworth Larsen (WA) The SPEAKER pro tempore (Mr. Horsford Mullin Smith (NJ) Huelskamp Murphy (FL) Smith (TX) b 1447 TEWART S ). The Chair would ask all Huffman Nadler Southerland present to rise for the purpose of a mo- Hultgren Napolitano Speier So the Journal was approved. ment of silence. Hunter Neugebauer Stewart The result of the vote was announced The Chair asks that the House now Hurt Noem Stutzman as above recorded. Issa Norcross Takano Stated for: observe a moment of silence in remem- Johnson (GA) Nugent Thornberry brance of our brave men and women in Johnson, Sam Nunes Tierney Ms. DELAURO. Mr. Speaker, on rollcall No. uniform who have given their lives in Jolly Nunnelee Titus 556, had I been present, I would have voted Kaptur O’Rourke Tonko the service of our country in Iraq and Keating Olson ‘‘yes.’’ Tsongas Kelly (IL) Pascrell Afghanistan and their families, and of Van Hollen f Kelly (PA) Pelosi all who serve in our Armed Forces and Vargas Kildee Perlmutter MESSAGE FROM THE SENATE Wagner their families. King (IA) Petri Walorski A message from the Senate by Ms. f King (NY) Pingree (ME) Kingston Pitts Walz Curtis, one of its clerks, announced Kline Pocan Wasserman that the Senate has passed with an THE JOURNAL Schultz Labrador Polis amendment a bill of the House of the The SPEAKER pro tempore. Without LaMalfa Pompeo Waters Lamborn Posey Waxman following title: objection, 5-minute voting will con- Webster (FL) tinue. Lankford Price (NC) H.R. 4007. An act to recodify and reauthor- Larson (CT) Quigley Welch ize the Chemical Facility Anti-Terrorism Westmoreland There was no objection. Latham Rangel Standards Program. The SPEAKER pro tempore. The un- Latta Ribble Whitfield Williams finished business is the question on Levin Roby The message also announced that the Lipinski Rogers (AL) Wilson (SC) Senate has passed with amendments in agreeing to the Speaker’s approval of Wolf Loebsack Rogers (KY) which the concurrence of the House is the Journal, on which the yeas and Lofgren Rogers (MI) Womack nays were ordered. Long Rohrabacher Yarmuth requested, a bill of the House of the fol- Lowenthal Rokita Yoho lowing title: The question is on the Speaker’s ap- Lowey Rooney Young (IN) proval of the Journal. H.R. 2952. An act to amend the Homeland This is a 5-minute vote. NAYS—155 Security Act of 2002 to make certain im- provements in the laws relating to the ad- The vote was taken by electronic de- Adams Ellmers Jeffries vancement of security technologies for crit- vice, and there were—yeas 261, nays Amash Farenthold Jenkins ical infrastructure protection, and for other 155, answered ‘‘present’’ 1, not voting Bass Fincher Johnson (OH) Benishek Fitzpatrick Johnson, E. B. purposes. 17, as follows: Bentivolio Fleming Jones The message also announced that the [Roll No. 556] Bera (CA) Flores Jordan Senate has passed bills of the following Bishop (NY) Foxx Joyce YEAS—261 Brady (PA) Fudge Kilmer titles in which the concurrence of the Aderholt Butterfield Cotton Broun (GA) Garcia Kind House is requested: Amodei Byrne Courtney Brownley (CA) Gardner Kinzinger (IL) S. 2444. An act to authorize appropriations Bachmann Calvert Cramer Buchanan Garrett Kirkpatrick Bachus Camp Crenshaw Bucshon Gibbs Kuster for the Coast Guard for fiscal year 2015, and Barber Capito Crowley Burgess Gibson Lance for other purposes. Barletta Capps Cuellar Cartwright Gosar Langevin S. 2519. An act to codify an existing oper- Barr Ca´ rdenas Culberson Chaffetz Graves (GA) Lee (CA) ations center for cybersecurity. Barrow (GA) Carney Cummings Chu Graves (MO) Lewis Beatty Carson (IN) Daines Clawson (FL) Green, Al LoBiondo f Becerra Carter Davis (CA) Clyburn Green, Gene Lynch TRANSPORTATION SECURITY Bilirakis Cassidy Davis, Danny Coffman Griffin (AR) Maffei Bishop (GA) Castor (FL) DeGette Cohen Gutie´rrez Maloney, ACQUISITION REFORM ACT Bishop (UT) Castro (TX) DelBene Collins (GA) Hanna Carolyn Mr. HUDSON. Mr. Speaker, I move to Black Chabot DesJarlais Conaway Hastings (FL) Maloney, Sean Blackburn Cicilline Deutch Connolly Heck (NV) Marino suspend the rules and concur in the Blumenauer Clark (MA) Diaz-Balart Costa Herrera Beutler Matheson Senate amendment to the bill (H.R. Bonamici Clarke (NY) Dingell Crawford Higgins McDermott 2719) to require the Transportation Se- Boustany Clay Doggett Davis, Rodney Holding McGovern Brady (TX) Cleaver Doyle DeFazio Holt McKinley curity Administration to implement Brat Coble Duncan (SC) Delaney Honda Miller, George best practices and improve trans- Bridenstine Cole Duncan (TN) Denham Hoyer Moore parency with regard to technology ac- Brooks (AL) Collins (NY) Edwards Dent Hudson Mulvaney quisition programs, and for other pur- Brooks (IN) Conyers Engel DeSantis Huizenga (MI) Murphy (PA) Brown (FL) Cook Enyart Duffy Israel Neal poses. Bustos Cooper Eshoo Ellison Jackson Lee Nolan The Clerk read the title of the bill.

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.041 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8969 The text of the Senate amendment is ‘‘(A) is prioritized based on risk and associ- ‘‘SEC. 1612. ACQUISITION JUSTIFICATION AND RE- as follows: ated capability gaps identified under paragraph PORTS. Senate amendment: (1); and ‘‘(a) ACQUISITION JUSTIFICATION.—Before the ‘‘(B) includes planned technology programs Administration implements any security-related Strike all after the enacting clause and in- and projects with defined objectives, goals, technology acquisition, the Administrator, in sert the following: timelines, and measures; accordance with the Department’s policies and SECTION 1. SHORT TITLE. ‘‘(3) an analysis of current and forecast directives, shall determine whether the acquisi- This Act may be cited as the ‘‘Transportation trends in domestic and international passenger tion is justified by conducting an analysis that Security Acquisition Reform Act’’. travel; includes— SEC. 2. FINDINGS. ‘‘(4) an identification of currently deployed ‘‘(1) an identification of the scenarios and Congress finds the following: security-related technologies that are at or near level of risk to transportation security from (1) The Transportation Security Administra- the end of their lifecycles; those scenarios that would be addressed by the tion has not consistently implemented Depart- ‘‘(5) an identification of test, evaluation, mod- security-related technology acquisition; ment of Homeland Security policies and Govern- eling, and simulation capabilities, including tar- ‘‘(2) an assessment of how the proposed acqui- ment best practices for acquisition and procure- get methodologies, rationales, and timelines nec- sition aligns to the Plan; ment. essary to support the acquisition of the security- ‘‘(3) a comparison of the total expected (2) The Transportation Security Administra- related technologies expected to meet the needs lifecycle cost against the total expected quan- tion has only recently developed a multiyear under paragraph (2); titative and qualitative benefits to transpor- technology investment plan, and has underuti- ‘‘(6) an identification of opportunities for pub- tation security; lized innovation opportunities within the pri- lic-private partnerships, small and disadvan- ‘‘(4) an analysis of alternative security solu- vate sector, including from small businesses. taged company participation, intragovernment tions, including policy or procedure solutions, to (3) The Transportation Security Administra- collaboration, university centers of excellence, determine if the proposed security-related tech- tion has faced challenges in meeting key per- and national laboratory technology transfer; nology acquisition is the most effective and cost- formance requirements for several major acquisi- ‘‘(7) an identification of the Administration’s efficient solution based on cost-benefit consider- tions and procurements, resulting in reduced se- acquisition workforce needs for the management ations; curity effectiveness and wasted expenditures. of planned security-related technology acquisi- ‘‘(5) an assessment of the potential privacy tions, including consideration of leveraging ac- and civil liberties implications of the proposed SEC. 3. TRANSPORTATION SECURITY ADMINIS- TRATION ACQUISITION REFORM. quisition expertise of other Federal agencies; acquisition that includes, to the extent prac- ‘‘(8) an identification of the security re- ticable, consultation with organizations that ad- (a) IN GENERAL.—Title XVI of the Homeland vocate for the protection of privacy and civil lib- Security Act of 2002 (Public Law 107–296; 116 sources, including information security re- erties; Stat. 2312) is amended to read as follows: sources, that will be required to protect security- related technology from physical or cyber theft, ‘‘(6) a determination that the proposed acqui- ‘‘TITLE XVI—TRANSPORTATION SECURITY diversion, sabotage, or attack; sition is consistent with fair information prac- ‘‘Subtitle A—General Provisions ‘‘(9) an identification of initiatives to stream- tice principles issued by the Privacy Officer of ‘‘SEC. 1601. DEFINITIONS. line the Administration’s acquisition process the Department; ‘‘In this title: and provide greater predictability and clarity to ‘‘(7) confirmation that there are no significant ‘‘(1) ADMINISTRATION.—The term ‘Administra- small, medium, and large businesses, including risks to human health or safety posed by the tion’ means the Transportation Security Admin- the timeline for testing and evaluation; proposed acquisition; and istration. ‘‘(10) an assessment of the impact to commer- ‘‘(8) an estimate of the benefits to commercial ‘‘(2) ADMINISTRATOR.—The term ‘Adminis- cial aviation passengers; aviation passengers. trator’ means the Administrator of the Trans- ‘‘(11) a strategy for consulting airport man- ‘‘(b) REPORTS AND CERTIFICATION TO CON- portation Security Administration. agement, air carrier representatives, and Fed- GRESS.— ‘‘(1) IN GENERAL.—Not later than the end of ‘‘(3) PLAN.—The term ‘Plan’ means the stra- eral security directors whenever an acquisition the 30-day period preceding the award by the tegic 5-year technology investment plan devel- will lead to the removal of equipment at air- Administration of a contract for any security-re- oped by the Administrator under section 1611. ports, and how the strategy for consulting with lated technology acquisition exceeding ‘‘(4) SECURITY-RELATED TECHNOLOGY.—The such officials of the relevant airports will ad- term ‘security-related technology’ means any dress potential negative impacts on commercial $30,000,000, the Administrator shall submit to technology that assists the Administration in passengers or airport operations; and the Committee on Commerce, Science, and the prevention of, or defense against, threats to ‘‘(12) in consultation with the National Insti- Transportation of the Senate and the Committee United States transportation systems, including tutes of Standards and Technology, an identi- on Homeland Security of the House of Rep- threats to people, property, and information. fication of security-related technology interface resentatives— standards, in existence or if implemented, that ‘‘(A) the results of the comprehensive acquisi- ‘‘Subtitle B—Transportation Security could promote more interoperable passenger, tion justification under subsection (a); and Administration Acquisition Improvements baggage, and cargo screening systems. ‘‘(B) a certification by the Administrator that ‘‘SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT ‘‘(e) LEVERAGING THE PRIVATE SECTOR.—To the benefits to transportation security justify PLAN. the extent possible, and in a manner that is con- the contract cost. ‘‘(a) IN GENERAL.—The Administrator shall— sistent with fair and equitable practices, the ‘‘(2) EXTENSION DUE TO IMMINENT TERRORIST ‘‘(1) not later than 180 days after the date of Plan shall— THREAT.—If there is a known or suspected immi- the enactment of the Transportation Security ‘‘(1) leverage emerging technology trends and nent threat to transportation security, the Ad- Acquisition Reform Act, develop and submit to research and development investment trends ministrator— Congress a strategic 5-year technology invest- within the public and private sectors; ‘‘(A) may reduce the 30-day period under ment plan, that may include a classified adden- ‘‘(2) incorporate private sector input, includ- paragraph (1) to 5 days to rapidly respond to dum to report sensitive transportation security ing from the aviation industry stakeholder advi- the threat; and risks, technology vulnerabilities, or other sen- sory committee established by the Administrator, ‘‘(B) shall immediately notify the Committee sitive security information; and through requests for information, industry days, on Commerce, Science, and Transportation of ‘‘(2) to the extent possible, publish the Plan in and other innovative means consistent with the the Senate and the Committee on Homeland Se- an unclassified format in the public domain. Federal Acquisition Regulation; and curity of the House of Representatives of the ‘‘(b) CONSULTATION.—The Administrator shall ‘‘(3) in consultation with the Under Secretary known or suspected imminent threat. develop the Plan in consultation with— for Science and Technology, identify tech- ‘‘SEC. 1613. ACQUISITION BASELINE ESTABLISH- ‘‘(1) the Under Secretary for Management; nologies in existence or in development that, MENT AND REPORTS. ‘‘(2) the Under Secretary for Science and with or without adaptation, are expected to be ‘‘(a) BASELINE REQUIREMENTS.— Technology; suitable to meeting mission needs. ‘‘(1) IN GENERAL.—Before the Administration ‘‘(3) the Chief Information Officer; and ‘‘(f) DISCLOSURE.—The Administrator shall in- implements any security-related technology ac- ‘‘(4) the aviation industry stakeholder advi- clude with the Plan a list of nongovernment quisition, the appropriate acquisition official of sory committee established by the Administrator. persons that contributed to the writing of the the Department shall establish and document a ‘‘(c) APPROVAL.—The Administrator may not Plan. set of formal baseline requirements. publish the Plan under subsection (a)(2) until it ‘‘(g) UPDATE AND REPORT.—Beginning 2 years ‘‘(2) CONTENTS.—The baseline requirements has been approved by the Secretary. after the date the Plan is submitted to Congress under paragraph (1) shall— ‘‘(d) CONTENTS OF PLAN.—The Plan shall in- under subsection (a), and biennially thereafter, ‘‘(A) include the estimated costs (including clude— the Administrator shall submit to Congress— lifecycle costs), schedule, and performance mile- ‘‘(1) an analysis of transportation security ‘‘(1) an update of the Plan; and stones for the planned duration of the acquisi- risks and the associated capability gaps that ‘‘(2) a report on the extent to which each se- tion; would be best addressed by security-related curity-related technology acquired by the Ad- ‘‘(B) identify the acquisition risks and a plan technology, including consideration of the most ministration since the last issuance or update of for mitigating those risks; and recent quadrennial homeland security review the Plan is consistent with the planned tech- ‘‘(C) assess the personnel necessary to manage under section 707; nology programs and projects identified under the acquisition process, manage the ongoing ‘‘(2) a set of security-related technology acqui- subsection (d)(2) for that security-related tech- program, and support training and other oper- sition needs that— nology. ations as necessary.

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‘‘(3) FEASIBILITY.—In establishing the per- mission need, the Administrator, to the extent ‘‘Sec. 1612. Acquisition justification and re- formance milestones under paragraph (2)(A), practicable, shall utilize any existing units in ports. the appropriate acquisition official of the De- the Administration’s inventory to meet that ‘‘Sec. 1613. Acquisition baseline establishment partment, to the extent possible and in consulta- need. and reports. tion with the Under Secretary for Science and ‘‘(b) TRACKING OF INVENTORY.— ‘‘Sec. 1614. Inventory utilization. Technology, shall ensure that achieving those ‘‘(1) IN GENERAL.—The Administrator shall es- ‘‘Sec. 1615. Small business contracting goals. milestones is technologically feasible. tablish a process for tracking— ‘‘Sec. 1616. Consistency with the Federal acqui- ‘‘(4) TEST AND EVALUATION PLAN.—The Ad- ‘‘(A) the location of security-related equip- sition regulation and depart- ministrator, in consultation with the Under Sec- ment in the inventory under subsection (a); mental policies and directives.’’. ‘‘(B) the utilization status of security-related retary for Science and Technology, shall de- technology in the inventory under subsection (c) PRIOR AMENDMENTS NOT AFFECTED.— velop a test and evaluation plan that de- (a); and Nothing in this section may be construed to af- scribes— ‘‘(C) the quantity of security-related equip- fect any amendment made by title XVI of the ‘‘(A) the activities that are expected to be re- ment in the inventory under subsection (a). Homeland Security Act of 2002 as in effect be- quired to assess acquired technologies against ‘‘(2) INTERNAL CONTROLS.—The Administrator fore the date of enactment of this Act. the performance milestones established under shall implement internal controls to ensure up- SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE paragraph (2)(A); to-date accurate data on security-related tech- REPORTS. ‘‘(B) the necessary and cost-effective combina- nology owned, deployed, and in use. (a) IMPLEMENTATION OF PREVIOUS REC- tion of laboratory testing, field testing, mod- ‘‘(c) LOGISTICS MANAGEMENT.— OMMENDATIONS.—Not later than 1 year after the eling, simulation, and supporting analysis to ‘‘(1) IN GENERAL.—The Administrator shall es- date of enactment of this Act, the Comptroller ensure that such technologies meet the Adminis- tablish logistics principles for managing inven- General of the United States shall submit a re- tration’s mission needs; tory in an effective and efficient manner. port to Congress that contains an assessment of ‘‘(C) an efficient planning schedule to ensure ‘‘(2) LIMITATION ON JUST-IN-TIME LOGISTICS.— the Transportation Security Administration’s that test and evaluation activities are completed The Administrator may not use just-in-time lo- implementation of recommendations regarding without undue delay; and gistics if doing so— the acquisition of security-related technology ‘‘(D) if commercial aviation passengers are ex- ‘‘(A) would inhibit necessary planning for that were made by the Government Account- pected to interact with the security-related tech- large-scale delivery of equipment to airports or ability Office before the date of the enactment of nology, methods that could be used to measure other facilities; or this Act. ‘‘(B) would unduly diminish surge capacity passenger acceptance of and familiarization (b) IMPLEMENTATION OF SUBTITLE B OF TITLE for response to a terrorist threat. with the security-related technology. XVI.—Not later than 1 year after the date of en- ‘‘(5) VERIFICATION AND VALIDATION.—The ap- ‘‘SEC. 1615. SMALL BUSINESS CONTRACTING actment of this Act and 3 years thereafter, the GOALS. propriate acquisition official of the Depart- Comptroller General of the United States shall ‘‘Not later than 90 days after the date of en- ment— submit a report to Congress that contains an actment of the Transportation Security Acquisi- ‘‘(A) subject to subparagraph (B), shall utilize evaluation of the Transportation Security Ad- tion Reform Act, and annually thereafter, the independent reviewers to verify and validate the ministration’s progress in implementing subtitle Administrator shall submit a report to the Com- performance milestones and cost estimates devel- B of title XVI of the Homeland Security Act of mittee on Commerce, Science, and Transpor- oped under paragraph (2) for a security-related 2002, as amended by section 3, including any ef- tation of the Senate and the Committee on technology that pursuant to section 1611(d)(2) ficiencies, cost savings, or delays that have re- Homeland Security of the House of Representa- has been identified as a high priority need in sulted from such implementation. the most recent Plan; and tives that includes— ‘‘(1) the Administration’s performance record SEC. 5. REPORT ON FEASIBILITY OF INVENTORY ‘‘(B) shall ensure that the use of independent with respect to meeting its published small-busi- TRACKING. reviewers does not unduly delay the schedule of ness contracting goals during the preceding fis- Not later than 90 days after the date of enact- any acquisition. cal year; ment of this Act, the Administrator of the ‘‘(6) STREAMLINING ACCESS FOR INTERESTED ‘‘(2) if the goals described in paragraph (1) Transportation Security Administration shall VENDORS.—The Administrator shall establish a were not met or the Administration’s perform- submit a report to Congress on the feasibility of streamlined process for an interested vendor of a ance was below the published small-business tracking security-related technology, including security-related technology to request and re- contracting goals of the Department— software solutions, of the Administration ceive appropriate access to the baseline require- ‘‘(A) a list of challenges, including deviations through automated information and data cap- ments and test and evaluation plans that are from the Administration’s subcontracting plans, ture technologies. necessary for the vendor to participate in the and factors that contributed to the level of per- SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE acquisitions process for that technology. formance during the preceding fiscal year; REVIEW OF TSA’S TEST AND EVALUA- ‘‘(b) REVIEW OF BASELINE REQUIREMENTS AND ‘‘(B) an action plan, with benchmarks, for ad- TION PROCESS. DEVIATION; REPORT TO CONGRESS.— dressing each of the challenges identified in Not later than 1 year after the date of enact- ‘‘(1) REVIEW.— subparagraph (A) that— ment of this Act, the Comptroller General of the ‘‘(A) IN GENERAL.—The appropriate acquisi- ‘‘(i) is prepared after consultation with the United States shall submit a report to Congress tion official of the Department shall review and Secretary of Defense and the heads of Federal that includes— assess each implemented acquisition to deter- departments and agencies that achieved their (1) an evaluation of the Transportation Secu- mine if the acquisition is meeting the baseline published goals for prime contracting with small rity Administration’s testing and evaluation ac- requirements established under subsection (a). and minority-owned businesses, including small tivities related to security-related technology; ‘‘(B) TEST AND EVALUATION ASSESSMENT.—The and disadvantaged businesses, in prior fiscal (2) information on the extent to which— review shall include an assessment of whether— years; and (A) the execution of such testing and evalua- ‘‘(i) the planned testing and evaluation activi- ‘‘(ii) identifies policies and procedures that tion activities is aligned, temporally and other- ties have been completed; and could be incorporated by the Administration in wise, with the Administration’s annual budget ‘‘(ii) the results of that testing and evaluation furtherance of achieving the Administration’s request, acquisition needs, planned procure- demonstrate that the performance milestones are published goal for such contracting; and ments, and acquisitions for technology programs technologically feasible. ‘‘(3) a status report on the implementation of and projects; and ‘‘(2) REPORT.—Not later than 30 days after the action plan that was developed in the pre- (B) security-related technology that has been making a finding described in clause (i), (ii), or ceding fiscal year in accordance with paragraph tested, evaluated, and certified for use by the (iii) of subparagraph (A), the Administrator (2)(B), if such a plan was required. Administration but was not procured by the Ad- shall submit a report to the Committee on Com- ‘‘SEC. 1616. CONSISTENCY WITH THE FEDERAL AC- ministration, including the reasons the procure- merce, Science, and Transportation of the Sen- QUISITION REGULATION AND DE- ment did not occur; and ate and the Committee on Homeland Security of PARTMENTAL POLICIES AND DIREC- (3) recommendations— TIVES. the House of Representatives that includes— (A) to improve the efficiency and efficacy of ‘‘(A) the results of any assessment that finds ‘‘The Administrator shall execute the respon- sibilities set forth in this subtitle in a manner such testing and evaluation activities; and that— (B) to better align such testing and evaluation ‘‘(i) the actual or planned costs exceed the consistent with, and not duplicative of, the Fed- eral Acquisition Regulation and the Depart- with the acquisitions process. baseline costs by more than 10 percent; SEC. 7. NO ADDITIONAL AUTHORIZATION OF AP- ‘‘(ii) the actual or planned schedule for deliv- ment’s policies and directives.’’. (b) CONFORMING AMENDMENT.—The table of PROPRIATIONS. ery has been delayed by more than 180 days; or contents in section 1(b) of the Homeland Secu- No additional funds are authorized to be ap- ‘‘(iii) there is a failure to meet any perform- rity Act of 2002 is amended by striking the items propriated to carry out this Act or the amend- ance milestone that directly impacts security ef- relating to title XVI and inserting the following: ments made by this Act. fectiveness; ‘‘(B) the cause for such excessive costs, delay, ‘‘TITLE XVI—TRANSPORTATION SECURITY The SPEAKER pro tempore (Mr. or failure; and ‘‘Subtitle A—General Provisions LATHAM). Pursuant to the rule, the ‘‘(C) a plan for corrective action. ‘‘Sec. 1601. Definitions. gentleman from North Carolina (Mr. ‘‘SEC. 1614. INVENTORY UTILIZATION. ‘‘Subtitle B—Transportation Security HUDSON) and the gentleman from Mis- ‘‘(a) IN GENERAL.—Before the procurement of Administration Acquisition Improvements sissippi (Mr. THOMPSON) each will con- additional quantities of equipment to fulfill a ‘‘Sec. 1611. 5-year technology investment plan. trol 20 minutes.

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.018 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8971 The Chair recognizes the gentleman staffs for their strong support and their Mr. HUDSON. This no-cost, bipar- from North Carolina. important efforts to move this bill. tisan legislation will go a long way to- GENERAL LEAVE Finally, I would like to thank the 18 ward improving transparency and ac- Mr. HUDSON. Mr. Speaker, I ask industry groups that have endorsed countability for TSA. I urge my col- unanimous consent that all Members this bill, including the Security Manu- leagues to support this bill, and I re- have 5 legislative days within which to facturers Coalition, Airlines for Amer- serve the balance of my time. revise and extend their remarks and in- ica, Airports Council International— Mr. THOMPSON of Mississippi. Mr. clude any extraneous material on the North America, the American Associa- Speaker, I yield myself such time as I bill under consideration. tion of Airport Executives, the General may consume. The SPEAKER pro tempore. Is there Aviation Manufacturers Association, Mr. Speaker, I rise in strong support objection to the request of the gen- the Security Industry Association, the of the Senate amendment to H.R. 2719, tleman from North Carolina? U.S. Travel Association, and many oth- the Transportation Security Acquisi- There was no objection. ers who provided valuable feedback and tion Reform Act. Mr. HUDSON. Mr. Speaker, I yield worked with us throughout this proc- For years, both as chairman and myself such time as I may consume. ess. ranking member of the Committee on Mr. Speaker, I rise today in strong I will insert into the RECORD a letter Homeland Security, I have been trou- support of the Senate amendment to from these groups and others. bled by the way TSA goes about tech- H.R. 2719, the Transportation Security NOVEMBER 12, 2014. nology acquisition. Time and again, Acquisition Reform Act, a bill that I Hon. HARRY REID, taxpayer dollars have been wasted on introduced in July of last year, which Senate Majority Leader, U.S. Capitol Building, technologies that either do not work or Washington, DC. passed the House unanimously 1 year cannot be upgraded to meet the agen- Hon. MITCH MCCONNELL, ago. Senate Minority Leader, U.S. Capitol Building, cy’s need. This commonsense, bipartisan legis- Washington, DC. I have also been troubled by TSA’s lation is the culmination of 2 years of DEAR LEADERS REID AND MCCONNELL: To- apparent inability to effectively man- collaborative efforts by my colleagues gether our associations proudly represent age its inventory of security-related in the House and Senate and 4 years of the strength of the aviation, aerospace, and technology and meet its goals for con- strong oversight by the Transportation travel industry, which combined contribute tracting with small and disadvantaged Security Subcommittee. billions of dollars to the U.S. economy every year and maintain thousands of high-tech businesses. H.R. 2719 will save significant tax jobs in the United States. We write to ex- The bill before us today addresses dollars by forcing TSA to make press our strong support for S. 1893, the these concerns through greater trans- thoughtful, informed decisions about Transportation Security Acquisition Reform parency and accountability. In this age what kinds of technology to deploy in Act introduced by Senator Kelly Ayotte (R– of tight budgets, TSA cannot purchase our Nation’s airports. We simply can- NH) and S. 1804, the Aviation Security technologies on a whim and outside of not afford to see TSA repeat the mis- Stakeholder Participation Act introduced by robust acquisition controls. Under H.R. takes of the past which have resulted Senator Jon Tester (D–MT). Companion 2719, of which I was proud to be an in technologies such as ‘‘puffer ma- versions (H.R. 2719 and H.R. 1204) of these two bills passed the House of Representa- original cosponsor, TSA will be re- chines’’ and body scanners being pulled tives with overwhelming bipartisan support quired to develop and publish a out of airports prematurely and others on December 3, 2013, and were reported multiyear technology investment plan sitting idle in warehouses, never to see unanimously from the Committee on Com- that will guide the agency’s security- the light of day. merce, Science, and Transportation on July related technology purchases. H.R. 2719 requires TSA to develop and 24, 2014. This plan will give both the agency Both bills were developed with significant share with industry and the public a and Congress a clear understanding of detailed 5-year technology investment input from our industries and represent im- portant progress toward streamlining the how taxpayer dollars will be allocated plan. The bill gives Congress early Transportation Security Administration in future years. warning about any cost overruns, (TSA) acquisition process and improving de- The bill also requires TSA to develop delays, or technical failures encoun- cision-making, by including industry stake- a plan for managing its inventory of se- tered by TSA. holders on issues affecting aviation’’ secu- curity-related technologies. Last year, It ensures that TSA is implementing rity. These no-cost, common-sense bills will the Department of Homeland Secu- acquisition best practices as identified benefit the transportation industry by re- rity’s Office of Inspector General found by the Government Accountability Of- quiring TSA to conduct meaningful private sector engagement and coordination, stra- that TSA had more than 17,000 items in fice and other experts. It also mandates tegic planning, and transparent technology its warehouse inventory, at an esti- a better process for managing security procurements, which will save taxpayer dol- mated cost of $185 million. The IG con- equipment in TSA’s inventory. Finally, lars and strengthen security in the long cluded that TSA may be able to put ap- the Senate strengthened the bill by, term. proximately $800,000 per year to better among other things, requiring more As associations concerned with improving use by managing its inventory more ef- aviation safety and security, we ask that consultation with experts in the public fectively. and private sectors during the acquisi- you bring S.1804/H.R. 1204 and S. 1893/H.R. 2719 to the Senate floor for the Senate’s For fiscal year 2012, TSA’s goal for tion process. prompt consideration and passage in order to prime contracting with small busi- I would like to thank the chairman send these critical bills to the President for nesses was set at 23 percent; yet the of the Committee on Homeland Secu- his signature. agency barely reached 16 percent. rity, Mr. MCCAUL, for his assistance in Sincerely, While TSA improved its performance moving this bill through the com- American Association of Airport Execu- in 2013, it still failed to meet its goal mittee and the House, as well as the tives, Airlines for America, Aero- for prime contracting with small busi- ranking member of the full committee, nautical Repair Station Association, General Aviation Manufacturers Asso- nesses. Mr. THOMPSON, for his work alongside ciation, International Air Transport To address TSA’s chronic problems myself and our chairman. I really ap- Association, National Association of meeting its small business contracting preciate the work and cooperation of State Aviation Officials, NetJets Asso- goal, the bill requires TSA to consult Mr. THOMPSON and the ranking member ciation of Shared Aircraft Pilots, Secu- with other Federal agencies that get for our subcommittee, Mr. RICHMOND. rity Manufacturers Coalition, U.S. small business contracting done and Again, their work made this a better Travel Association, Airports Council done right. Under H.R. 2719, TSA will bill. Intemational-North America, Aircraft be required to develop an action plan I would also like to thank Senator Owners and Pilots Association, Cargo Airline Association, Helicopter Asso- for improving its performance and re- AYOTTE for introducing a companion port to Congress on its progress in im- bill in the Senate and leading the effort ciation International, National Air Transportation Association, National plementing the plan. to see it through the Senate Commerce Business Aviation Association, Secu- b 1500 Committee and the full Senate. I would rity Industry Association, Southwest also like to thank Senators ROCKE- Airlines Pilots Association, National For too long TSA has relied upon the FELLER, THUNE, and TESTER and their Air Carrier Association. same limited number of companies to

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.045 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8972 CONGRESSIONAL RECORD — HOUSE December 10, 2014 develop and produce the security-re- investment plan and underutilized in- 2719. It was developed with input from lated technologies it puts into the novation opportunities that can be pro- stakeholders in an exhaustive process field. Doing so comes at the peril of vided in this area of security I believe with subject matter experts across gov- small and minority-owned businesses is very important, and then of course ernment and industry to address dif- that are essential to innovation. This to insist that 16 percent not be the ferent deficiencies we had identified dynamic also results in additional cost number that we rely upon in terms of throughout the TSA’s acquisition proc- to taxpayers due to a lack of competi- investment and opportunity for mi- ess. tion in the marketplace. norities and small businesses. I urge my colleagues to vote ‘‘yes’’ H.R. 2719 received the unanimous I support this initiative, and I must on Senator AYOTTE’s amendment to support of the Committee on Homeland at this moment add my support for the H.R. 2719, and let’s send this bill to the Security and this full House later last legislation dealing with insisting on an President for his signature. year. The Senate amendment to this aviation security advisory committee. Mr. Speaker, I yield back the balance bill that we are considering today I want to congratulate Mr. THOMPSON of my time. makes minor and beneficial modifica- on that and indicate that the issue of Mr. RICHMOND. Mr. Speaker, I rise in tions. aviation security matters needs col- strong support of H.R. 2719, the ‘‘Transpor- With that, Mr. Speaker, I reserve the laboration. tation Security Acquisition Reform Act.’’ balance of my time. Let me finish by saying, as we experi- H.R. 2719 addresses longstanding concerns Mr. HUDSON. I have no further enced over the last year, a decision to that I and other Members of this Committee speakers. If the gentleman from Mis- add or take away what item you could have raised about the Transportation Security sissippi has no further speakers, I am bring through security—we found out Administration’s stewardship of taxpayer funds prepared to close once the gentleman that collaboration on this is crucial. when pursuing, acquiring, and deploying secu- does. So this is an important initiative, rity-related technologies. I reserve the balance of my time. and I thank both the managers on the Importantly, the bill also seeks to address Mr. THOMPSON of Mississippi. Mr. floor, and I support both of these ini- TSA’s lackluster record of contracting with Speaker, I have one speaker before I tiatives and congratulate them for small businesses. close. I yield 3 minutes to the gentle- moving the security of America fur- Last year, the Subcommittee on Transpor- woman from Texas (Ms. JACKSON LEE), tation Security, of which I am the Ranking the ranking member on the Sub- ther. Mr. HUDSON. Mr. Speaker, I con- Member, held a hearing with industry stake- committee on Border and Maritime Se- tinue to reserve the balance of my holders where we heard from representatives curity of the Committee on Homeland time. of both small and large businesses on how to Security. improve TSA’s acquisition practices and to en- Ms. JACKSON LEE. Mr. Speaker, I Mr. THOMPSON of Mississippi. Mr. Speaker, I have no further speakers. I gage with small businesses more effectively. thank Mr. THOMPSON for his leadership There are ample small, minority-owned and as ranking member and formerly chair, am prepared to close. Mr. Speaker, in closing I would like disadvantaged businesses that are ready, will- and Mr. HUDSON. Let me also acknowl- to thank Subcommittee Chairman ing and able to provide services and tech- edge Mr. RICHMOND, who is the ranking nologies to TSA that would enhance our secu- member on the Subcommittee on HUDSON and Ranking Member RICH- MOND for working in collaboration to rity and likely reduce contracting costs. Transportation Security. If TSA cannot identify such businesses, I It is clear that this committee, develop this important legislation. I would also like to acknowledge the will be happy to refer them to some. Homeland Security overall, has worked The bill takes a significant step toward hold- together for the betterment of the na- bipartisan staff work that went in to getting us to this point. Specifically, I ing TSA accountable for achieving its goals for tional security of this Nation, and contracting with small and disadvantaged busi- these legislative initiatives in par- want to acknowledge Brian Turbyfill on my staff and Amanda Parikh on the nesses by requiring the agency to develop an ticular. I remember distinctly the action plan to accomplish its goals and report hearings, the collaboration with a majority staff for their work on this legislation over the past 2 years. to Congress on how it plans to get there. number of groups, and so I rise today I thank the Subcommittee Chairman, the Mr. Speaker, I urge all Members to to speak on the transportation security gentleman from North Carolina, Mr. HUDSON, support the Senate amendment to H.R. bill regarding best practices to improve for his willingness to include small businesses 2719 so that this bill can be enacted and transparency with regard to tech- in the discussion as we developed the legisla- TSA’s acquisition process is on a path nology acquisition programs, and for tion before the House today. to improvement. other purposes. I also congratulate Chairman HUDSON on his With that, Mr. Speaker, I yield back The Transportation Security Admin- work on this legislation. istration, now under Homeland Secu- the balance of my time. As the Ranking Member on the Sub- Mr. HUDSON. Mr. Speaker, I want to rity, is one of our vital organs that re- committee on Transportation Security, I was thank the former chairman for his kind lates to the security of America. We proud to work with the Chairman to lay the remarks and for the collaborative na- only need look at special holidays groundwork for this legislation through multiple ture in which we have worked through- throughout the Nation and throughout hearings with both industry and TSA. the year and realize how vital the avia- out this Congress. I appreciate his lead- The bill tackles head on the lack of trans- tion system is and how important it is ership and advice. I believe we have parency and accountability that has plagued to work together with the Transpor- done good work, and we have done it TSA’s acquisition practices since the Agency’s tation Security Administration, cov- because we have listened to each other inception. ering TSOs and certainly a large com- and we have worked well together. I Mr. Speaker, the Senate amendment to ponent of research and technology appreciate your leadership, as well as H.R. 2719 is sound, bipartisan legislation that dealing with the security of our air- that of CEDRIC RICHMOND, the ranking deserves the support of the Full House. ports. member on this committee. I would like to express my gratitude to This initiative is an important one. Mr. Speaker, I would like to ac- Chairman HUDSON for the bipartisan manner in It is almost unspeakable to have this knowledge that this would not be pos- which he operated the Subcommittee on size of inventory, some $185 million in sible had they not worked so closely Transportation Security this Congress. assessment, languishing in warehouses with us. I would also like to thank the I look forward to continuing to work with the under the name of the Transportation chairman for mentioning our staffs. gentleman in his new role as a Member on the Security Administration. Our staffs have worked very hard, they Committee on Energy and Commerce. Over the years as a ranking member have worked in a bipartisan manner, With that Mr. Speaker, I urge support for the and chairwoman on Transportation Se- and I attach myself to his compliments bill. curity and now Border Security, like- for our staff there and thank him for Mr. MCCAUL. Mr. Speaker, I strongly sup- wise I have joined my colleagues in that kindness. port H.R. 2719, the Transportation Security fighting for small businesses because Mr. Speaker, I am proud of the ac- Acquisition Reform Act, which was developed, there lies technology. complishments we have made on this introduced, and championed by the Chairman So this initiative to open the doors subcommittee. In particular I am of the Subcommittee on Transportation Secu- for the idea of a multiyear technology proud of this piece of legislation, H.R. rity,

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\K10DE7.047 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8973 the distinguished gentleman from North Caro- SECTION 1. SHORT TITLE. ‘‘(B) COMPOSITION.—The membership of the lina, Mr. HUDSON. The Senate amendment to This Act may be cited as the ‘‘Aviation Secu- Advisory Committee shall consist of individuals rity Stakeholder Participation Act of 2014’’. H.R. 2719, offered by Senator AYOTTE, would representing not more than 34 member organiza- strengthen the underlying bill and ensure that SEC. 2. AVIATION SECURITY ADVISORY COM- tions. Each organization shall be represented by MITTEE. 1 individual (or the individual’s designee). TSA is consulting stakeholders throughout the (a) IN GENERAL.—Subchapter II of chapter 449 ‘‘(C) REPRESENTATION.—The membership of technology acquisition process. I thank the of title 49, United States Code, is amended by the Advisory Committee shall include represent- Senator for working with our Committee to adding at the end the following: atives of air carriers, all-cargo air transpor- move this common sense bill across the finish ‘‘§ 44946. Aviation Security Advisory Com- tation, indirect air carriers, labor organizations line. mittee representing air carrier employees, labor organi- zations representing transportation security of- As Chairman of the House Committee on ‘‘(a) ESTABLISHMENT.—The Assistant Sec- Homeland Security, I have seen first-hand the retary shall establish within the Transportation ficers, aircraft manufacturers, airport operators, need for TSA to develop a comprehensive in- Security Administration an aviation security airport construction and maintenance contrac- vestment plan for acquiring new technologies advisory committee. tors, labor organizations representing employees of airport construction and maintenance con- and to use its limited resources in a more effi- ‘‘(b) DUTIES.— ‘‘(1) IN GENERAL.—The Assistant Secretary tractors, general aviation, privacy organiza- cient and effective manner. H.R. 2719 sets tions, the travel industry, airport-based busi- clear mandates for TSA to develop and main- shall consult the Advisory Committee, as appro- priate, on aviation security matters, including nesses (including minority-owned small busi- tain a five-year acquisition strategy that will on the development, refinement, and implemen- nesses), businesses that conduct security screen- help industry make informed investment deci- tation of policies, programs, rulemaking, and se- ing operations at airports, aeronautical repair sions and lead to more effective technologies curity directives pertaining to aviation security, stations, passenger advocacy groups, the avia- in our nation’s airports to meet the evolving while adhering to sensitive security guidelines. tion security technology industry (including screening technology and biometrics), victims of terrorist threats we face. The requirements of ‘‘(2) RECOMMENDATIONS.— this bill will also ensure that Congress re- ‘‘(A) IN GENERAL.—The Advisory Committee terrorist acts against aviation, and law enforce- ment and security experts. ceives early warning and insight into poten- shall develop, at the request of the Assistant ‘‘(2) TERM OF OFFICE.— tially wasteful spending practices, which will Secretary, recommendations for improvements to aviation security. ‘‘(A) TERMS.—The term of each member of the strengthen the Committee’s oversight and en- ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT- Advisory Committee shall be 2 years. A member able TSA to be a better steward of taxpayer TEES.—Recommendations agreed upon by the of the Advisory Committee may be reappointed. dollars. subcommittees established under this section ‘‘(B) REMOVAL.—The Assistant Secretary may I would like to thank Chairman HUDSON for shall be approved by the Advisory Committee be- review the participation of a member of the Ad- his dedicated effort to reform TSA, as well as fore transmission to the Assistant Secretary. visory Committee and remove such member for the Ranking Member of the Full Committee ‘‘(3) PERIODIC REPORTS.—The Advisory Com- cause at any time. and the Ranking Member of the Subcommittee mittee shall periodically submit to the Assistant ‘‘(3) PROHIBITION ON COMPENSATION.—The for their strong support of this important legis- Secretary— members of the Advisory Committee shall not re- ‘‘(A) reports on matters identified by the As- lation, which will hold TSA accountable and in- ceive pay, allowances, or benefits from the Gov- sistant Secretary; and ernment by reason of their service on the Advi- crease transparency for the millions of dollars ‘‘(B) reports on other matters identified by a sory Committee. the agency spends every year on technology. majority of the members of the Advisory Com- ‘‘(4) MEETINGS.— I would also like to express appreciation to the mittee. ‘‘(A) IN GENERAL.—The Assistant Secretary many stakeholder associations that have pro- ‘‘(4) ANNUAL REPORT.—The Advisory Com- shall require the Advisory Committee to meet at vided their input and given their support to this mittee shall submit to the Assistant Secretary an least semiannually and may convene additional no-cost, bipartisan bill. annual report providing information on the ac- meetings as necessary. I urge my colleagues to support the Senate tivities, findings, and recommendations of the ‘‘(B) PUBLIC MEETINGS.—At least 1 of the amendment to H.R. 2719 and send this bill to Advisory Committee, including its subcommit- meetings described in subparagraph (A) shall be tees, for the preceding year. Not later than 6 open to the public. the President for his signature. months after the date that the Secretary receives ‘‘(C) ATTENDANCE.—The Advisory Committee The SPEAKER pro tempore. The the annual report, the Secretary shall publish a shall maintain a record of the persons present at question is on the motion offered by public version describing the Advisory Commit- each meeting. the gentleman from North Carolina tee’s activities and such related matters as ‘‘(5) MEMBER ACCESS TO SENSITIVE SECURITY (Mr. HUDSON) that the House suspend would be informative to the public consistent INFORMATION.—Not later than 60 days after the the rules and concur in the Senate with the policy of section 552(b) of title 5. date of a member’s appointment, the Assistant ‘‘(5) FEEDBACK.—Not later than 90 days after amendment to the bill, H.R. 2719. Secretary shall determine if there is cause for The question was taken. receiving recommendations transmitted by the Advisory Committee under paragraph (4), the the member to be restricted from possessing sen- The SPEAKER pro tempore. In the sitive security information. Without such cause, opinion of the Chair, two-thirds being Assistant Secretary shall respond in writing to the Advisory Committee with feedback on each and upon the member voluntarily signing a non- in the affirmative, the ayes have it. disclosure agreement, the member may be grant- Mr. HUDSON. Mr. Speaker, on that I of the recommendations, an action plan to im- plement any of the recommendations with which ed access to sensitive security information that demand the yeas and nays. the Assistant Secretary concurs, and a justifica- is relevant to the member’s advisory duties. The The yeas and nays were ordered. tion for why any of the recommendations have member shall protect the sensitive security infor- The SPEAKER pro tempore. Pursu- been rejected. mation in accordance with part 1520 of title 49, Code of Federal Regulations. ant to clause 8 of rule XX, further pro- ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not later ceedings on this motion will be post- than 30 days after providing written feedback to ‘‘(6) CHAIRPERSON.—A stakeholder representa- poned. the Advisory Committee under paragraph (5), tive on the Advisory Committee who is elected by the appointed membership of the Advisory f the Assistant Secretary shall notify the Com- mittee on Commerce, Science, and Transpor- Committee shall chair the Advisory Committee. AVIATION SECURITY STAKE- tation of the Senate and the Committee on ‘‘(d) SUBCOMMITTEES.— HOLDER PARTICIPATION ACT OF Homeland Security of the House of Representa- ‘‘(1) MEMBERSHIP.—The Advisory Committee 2013 tives on such feedback, and provide a briefing chairperson, in coordination with the Assistant upon request. Secretary, may establish within the Advisory Mr. HUDSON. Mr. Speaker, I move to ‘‘(7) REPORT TO CONGRESS.—Prior to briefing Committee any subcommittee that the Assistant suspend the rules and concur in the the Committee on Commerce, Science, and Secretary and Advisory Committee determine to Senate amendment to the bill (H.R. Transportation of the Senate and the Committee be necessary. The Assistant Secretary and the 1204) to amend title 49, United States on Homeland Security of the House of Rep- Advisory Committee shall create subcommittees Code, to direct the Assistant Secretary resentatives under paragraph (6), the Assistant to address aviation security issues, including of Homeland Security (Transportation Secretary shall submit to such committees a re- the following: Security Administration) to establish port containing information relating to the rec- ‘‘(A) AIR CARGO SECURITY.—The implementa- tion of the air cargo security programs estab- an Aviation Security Advisory Com- ommendations transmitted by the Advisory Com- mittee in accordance with paragraph (4). lished by the Transportation Security Adminis- mittee, and for other purposes. ‘‘(c) MEMBERSHIP.— tration to screen air cargo on passenger aircraft The Clerk read the title of the bill. ‘‘(1) APPOINTMENT.— and all-cargo aircraft in accordance with estab- The text of the Senate amendment is ‘‘(A) IN GENERAL.—Not later than 180 days lished cargo screening mandates. as follows: after the date of enactment of the Aviation Se- ‘‘(B) GENERAL AVIATION.—General aviation Senate amendment: curity Stakeholder Participation Act of 2014, the facilities, general aviation aircraft, and heli- Strike all after the enacting clause and in- Assistant Secretary shall appoint the members of copter operations at general aviation and com- sert the following: the Advisory Committee. mercial service airports.

VerDate Mar 15 2010 02:27 Jul 21, 2015 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\RECORD14\DEC 2014\H10DE4.REC H10DE4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H8974 CONGRESSIONAL RECORD — HOUSE December 10, 2014 ‘‘(C) PERIMETER AND ACCESS CONTROL.—Rec- the Aviation Security Stakeholder HUDSON and Ranking Member RICH- ommendations on airport perimeter security, exit Participation Act. This bill was intro- MOND for their support of the measure lane security and technology at commercial duced by my colleague from Mississippi before us today. service airports, and access control issues. (Mr. THOMPSON), the ranking member I would like to thank Senator ‘‘(D) SECURITY TECHNOLOGY.—Security tech- nology standards and requirements, including of the Committee on Homeland Secu- TESTER for working with me to intro- their harmonization internationally, technology rity. duce companion legislation. to screen passengers, passenger baggage, carry- I would like to thank the ranking Finally, I commend Chairman ROCKE- on baggage, and cargo, and biometric tech- member for developing this legislation, FELLER for taking an interest in this nology. which would ensure stable, open lines legislation and moving it through the ‘‘(2) RISK-BASED SECURITY.—All subcommittees of communication between TSA and a Senate Committee on Commerce, established by the Advisory Committee chair- multitude of aviation security stake- Science, and Transportation. person in coordination with the Assistant Sec- holders. Mr. Speaker, the legislation before us retary shall consider risk-based security ap- I also thank the chairman of the full today has gone through regular order proaches in the performance of their functions and is the product of thoughtful delib- that weigh the optimum balance of costs and committee, the gentleman from Texas benefits in transportation security, including for (Mr. MCCAUL) for his support and work eration and bipartisan agreement. passenger screening, baggage screening, air on this bill in seeing it through com- Indeed, the Senate amendment to cargo security policies, and general aviation se- mittee and the House. H.R. 1204 improves upon the bill passed curity matters. Additionally, our colleagues in the by the House in December of last year ‘‘(3) MEETINGS AND REPORTING.—Each sub- Senate, particularly Senators ROCKE- by enhancing transparency while pre- committee shall meet at least quarterly and sub- FELLER, TESTER, THUNE, and AYOTTE, serving the ability of the Aviation Se- mit to the Advisory Committee for inclusion in played an integral role in bringing this curity Advisory Committee to effec- the annual report required under subsection bill to the finish line. tively and efficiently conduct its im- (b)(4) information, including recommendations, Mr. Speaker, H.R. 1204, which passed portant work. regarding issues within the subcommittee. By concurring in the Senate amend- ‘‘(4) SUBCOMMITTEE CHAIRS.—Each sub- unanimously out of our committee, committee shall be co-chaired by a Government and passed the House 1 year ago, is an ment to H.R. 1204, and sending the bill official and an industry official. important piece of legislation that re- to the President for his signature, the ‘‘(e) SUBJECT MATTER EXPERTS.—Each sub- quires exactly the sort of stakeholder House will be ensuring that stake- committee under this section shall include sub- outreach that Congress expects from holders, including labor organizations, ject matter experts with relevant expertise who the TSA. airports, small business operators at are appointed by the respective subcommittee TSA should constantly solicit feed- airports, and airlines, have a perma- chairpersons. back from the aviation community be- nent seat at the table when TSA is de- ‘‘(f) NONAPPLICABILITY OF FACA.—The Fed- eral Advisory Committee Act (5 U.S.C. App.) fore making new security policies, es- veloping policies and procedures that shall not apply to the Advisory Committee and pecially when these policies could directly impact their work and busi- its subcommittees. translate into big headaches for the nesses. ‘‘(g) DEFINITIONS.—In this section: traveling public or the aviation indus- When Congress established TSA in ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi- try. response to the 9/11 terrorist attacks, sory Committee’ means the aviation security ad- Last year, we saw firsthand what can the agency was granted broad latitude visory committee established under subsection happen when TSA tries to make policy to develop, implement, and modify (a). decisions in a vacuum. TSA announced aviation security policies and proce- ‘‘(2) ASSISTANT SECRETARY.—The term ‘Assist- ant Secretary’ means the Assistant Secretary of it was going to allow small knives and dures. Homeland Security (Transportation Security sports equipment to be carried onto As a result, in many instances, TSA Administration). airplanes before consulting key stake- is not required to, and does not go ‘‘(3) PERIMETER SECURITY.— holders. The result was a very public through, the Federal rulemaking proc- ‘‘(A) IN GENERAL.—The term ‘perimeter secu- disagreement and, eventually, a com- ess to establish new policies or modify rity’ means procedures or systems to monitor, se- plete reversal of the decision. Had the those already on the books. cure, and prevent unauthorized access to an process been handled differently, the I have introduced H.R. 1204 to ensure airport, including its airfield and terminal. that input from the key stakeholders is ‘‘(B) INCLUSIONS.—The term ‘perimeter secu- outcome may have been very different. rity’ includes the fence area surrounding an air- The Aviation Security Advisory sought, received, and considered by port, access gates, and access controls.’’. Committee, or ASAC, already provides TSA. To that end, my bill not only (b) CLERICAL AMENDMENT.—The analysis for important input to TSA on policy deci- makes the Aviation Security Advisory subchapter II of chapter 449 of title 49, United sions, and includes U.S. air carriers, all Committee permanent but puts new re- States Code, is amended by adding at the end cargo air carriers, airport operators, quirements on TSA to consult with the following new item: flight attendants, law enforcement and this body and give its recommenda- ‘‘44946. Aviation Security Advisory Com- many other groups. This bill codifies tions thoughtful and timely consider- mittee.’’. the existing ASAC into law and gives ation. The SPEAKER pro tempore. Pursu- additional groups a seat at the table. It also requires the establishment of ant to the rule, the gentleman from It also requires TSA to provide feed- subcommittees within the larger Avia- North Carolina (Mr. HUDSON) and the back on the ASAC recommendations, tion Security Advisory Committee to gentleman from Mississippi (Mr. which it doesn’t consistently do today, focus on air cargo security, general THOMPSON) each will control 20 min- and makes it possible for the ASAC to aviation security, perimeter security, utes. discuss sensitive security information, and security technology. The Chair recognizes the gentleman as appropriate. Whatever your views on TSA, I be- from North Carolina. Eighteen diverse industry associa- lieve we can all agree that aviation se- GENERAL LEAVE tions, including U.S. airlines, airports, curity policymaking should reflect Mr. HUDSON. Mr. Speaker, I ask the travel industry, general aviation, meaningful consultation and coordina- unanimous consent that all Members and technology manufacturers support tion with key stakeholders. have 5 legislative days within which to this bipartisan bill. Mr. Speaker, as you have heard, H.R. revise and extend their remarks and in- Mr. Speaker, I urge my colleagues to 1204 has broad bipartisan support with- clude any extraneous material on the support the Senate amendment to H.R. in Congress and is supported by a wide bill under consideration. 1204, and I reserve the balance of my array of stakeholders. The Senate The SPEAKER pro tempore. Is there time. passed the bill by unanimous consent, objection to the request of the gen- Mr. THOMPSON of Mississippi. Mr. and the House initially passed the bill tleman from North Carolina? Speaker, I rise in strong support of the last December with over 400 Members There was no objection. Senate amendment to H.R. 1204, the voting in favor. Mr. HUDSON. Mr. Speaker, I yield Aviation Security Stakeholder Partici- I urge my colleagues to display the myself as much time as I may con- pation Act of 2014, and yield myself same level of support for the Senate sume. such time as I may consume. amendment to H.R. 1204 so that this bi- Mr. Speaker, I rise today in support Mr. Speaker, at the outset, I would partisan legislation can be sent to the of the Senate amendment to H.R. 1204, like to thank Chairmen MCCAUL and President for his signature.

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.051 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8975 Mr. Speaker I yield back the balance group of stakeholders have a seat at the table, Sec. 102. Federal share. of my time. requires TSA to provide feedback on the Com- Sec. 103. Program trigger. Mr. HUDSON. Mr. Speaker, this is an mittee’s recommendations, and makes it pos- Sec. 104. Recoupment of Federal share of compensation under the pro- important bipartisan bill that I believe sible for the Committee to discuss sensitive gram. will make a real difference for the fu- security information, as appropriate. Sec. 105. Certification of acts of terrorism; ture of aviation security. The ASAC and all of its members have a consultation with Secretary of I want to thank all those on both vested interest in the security of our nation’s Homeland Security. sides of the aisle and on both sides of critical aviation systems and can help TSA Sec. 106. Technical amendments. the Hill who played a key role in mov- make well-informed, effective policy decisions. Sec. 107. Improving the certification proc- ing this bill. The type of collaborative effort that the ASAC ess. Sec. 108. GAO study. I would also like to thank the staff, fosters is vitally important to our nation’s avia- Sec. 109. Membership of Board of Governors not just for their work on this bill, but tion security, and I thank the Ranking Member of the Federal Reserve System. also the other transportation security for developing H.R. 1204 and for his leader- Sec. 110. Advisory Committee on Risk-Shar- bills that we sent to the President this ship on this issue. I also thank the Chairman ing Mechanisms. Congress: Brian Turbyfill, Cedric of the Subcommittee on Transportation Secu- Sec. 111. Reporting of terrorism insurance Haynes, Jake Vreeburg, Kyle Klein, Ni- rity, Mr. HUDSON, and the Ranking Member of data. Sec. 112. Annual study of small insurer mar- cole Halavik, Matt Haskins, Gerry the Subcommittee, Mr. RICHMOND, for their ket competitiveness. Sleefe and Amanda Parikh. commitment to improving TSA. Finally, I wish to thank our colleagues in the Senate for their TITLE II—NATIONAL ASSOCIATION OF b 1515 REGISTERED AGENTS AND BROKERS work on this bill, including Senators TESTER, REFORM I thank all of you for your service to ROCKEFELLER, THUNE, and AYOTTE. our country and for your hard work. Sec. 201. Short title. I urge my colleagues to support the Senate Sec. 202. Reestablishment of the National I urge my colleagues to vote ‘‘yes’’ amendment to H.R. 1204 and send this bill to and to send this bill to the President Association of Registered the President for his signature. Agents and Brokers. for his signature. The SPEAKER pro tempore. The TITLE III—BUSINESS RISK MITIGATION Mr. Speaker, I yield back the balance question is on the motion offered by AND PRICE STABILIZATION of my time. the gentleman from North Carolina Sec. 301. Short title. Mr. RICHMOND. Mr. Speaker, I rise in (Mr. HUDSON) that the House suspend Sec. 302. Margin requirements. strong support of the Senate amendment to the rules and concur in the Senate Sec. 303. Implementation. H.R. 1204. amendment to the bill, H.R. 1204. TITLE I—EXTENSION OF TERRORISM Soliciting input from impacted stakeholders The question was taken. INSURANCE PROGRAM is critical to developing effective policies. The SPEAKER pro tempore. In the SEC. 101. EXTENSION OF TERRORISM INSURANCE H.R. 1204, introduced by Ranking Member opinion of the Chair, two-thirds being PROGRAM. Thompson, codifies that sentiment by making in the affirmative, the ayes have it. Section 108(a) of the Terrorism Risk Insur- permanent the Aviation Security Advisory Mr. HUDSON. Mr. Speaker, on that I ance Act of 2002 (15 U.S.C. 6701 note) is Committee. demand the yeas and nays. amended by striking ‘‘December 31, 2014’’ and The Aviation Security Advisory Committee is The yeas and nays were ordered. inserting ‘‘December 31, 2020’’. a valuable asset to our nation’s aviation secu- The SPEAKER pro tempore. Pursu- SEC. 102. FEDERAL SHARE. rity because it helps ensure that the policies ant to clause 8 of rule XX, further pro- Section 103(e)(1)(A) of the Terrorism Risk that TSA develops are responsive to the secu- ceedings on this motion will be post- Insurance Act of 2002 (15 U.S.C. 6701 note) is poned. amended by inserting ‘‘and beginning on rity challenges and can be effectively inte- January 1, 2016, shall decrease by 1 percent- grated. f age point per calendar year until equal to 80 As the Ranking Member on the Sub- TERRORISM RISK INSURANCE PRO- percent’’ after ‘‘85 percent’’. committee on Transportation Security, I have GRAM REAUTHORIZATION ACT SEC. 103. PROGRAM TRIGGER. seen firsthand just how critical it is for TSA to OF 2014 Subparagraph (B) of section 103(e)(1) (15 solicit and heed stakeholder recommenda- U.S.C. 6701 note) is amended in the matter tions. Mr. HENSARLING. Mr. Speaker, pur- preceding clause (i)— I congratulate Ranking Member Thompson suant to House Resolution 775, I call up (1) by striking ‘‘a certified act’’ and insert- for his stewardship of this legislation and look the bill (S. 2244) to extend the termi- ing ‘‘certified acts’’; forward to the House concurring in the Senate nation date of the Terrorism Insurance (2) by striking ‘‘such certified act’’ and in- serting ‘‘such certified acts’’; and amendment so that this legislation can be- Program established under the Ter- rorism Risk Insurance Act of 2002, and (3) by striking ‘‘exceed’’ and all that fol- come law. lows through clause (ii) and inserting the fol- I would like to take this opportunity to again for other purposes, and ask for its im- lowing: ‘‘exceed— thank Administrator Pistole for his service. mediate consideration. ‘‘(i) $100,000,000, with respect to such in- For over four years, Administrator Pistole The Clerk read the title of the bill. sured losses occurring in calendar year 2015; led the Transportation Security Administration The SPEAKER pro tempore. Pursu- ‘‘(ii) $120,000,000, with respect to such in- honorably and effectively. ant to House Resolution 775, the sured losses occurring in calendar year 2016; Thanks to his leadership, TSA is a more ef- amendment in the nature of a sub- ‘‘(iii) $140,000,000, with respect to such in- stitute printed in House Report 113–654 sured losses occurring in calendar year 2017; ficient, risk-based, agency. ‘‘(iv) $160,000,000, with respect to such in- Administrator Pistole is expected to step is adopted, and the bill, as amended, is considered read. sured losses occurring in calendar year 2018; down from his post at the end of the year. He ‘‘(v) $180,000,000, with respect to such in- will be missed. The text of the bill, as amended, is as sured losses occurring in calendar year 2019; With that Mr. Speaker, I urge support for the follows: and Senate amendment to H.R. 1204. S. 2244 ‘‘(vi) $200,000,000, with respect to such in- Mr. MCCAUL. Mr. Speaker, I support H.R. Be it enacted by the Senate and House of Rep- sured losses occurring in calendar year 2020 1204, the Aviation Security Stakeholder Par- resentatives of the United States of America in and any calendar year thereafter.’’. Congress assembed, SEC. 104. RECOUPMENT OF FEDERAL SHARE OF ticipation Act, sponsored by the gentleman COMPENSATION UNDER THE PRO- SECTION 1. SHORT TITLE AND TABLE OF CON- from Mississippi, the Ranking Member of the GRAM. TENTS. Committee on Homeland Security, Mr. THOMP- Section 103(e) of the Terrorism Risk Insur- (a) SHORT TITLE.—This Act may be cited as ance Act of 2002 (15 U.S.C. 6701 note) is SON. the ‘‘Terrorism Risk Insurance Program Re- amended— This legislation, as amended by the Senate, authorization Act of 2014’’. (1) by amending paragraph (6) to read as will ensure that TSA is maintaining open lines (b) TABLE OF CONTENTS.—The table of con- of communication with relevant stakeholder tents for this Act is as follows: follows: ‘‘(6) INSURANCE MARKETPLACE AGGREGATE groups through the Aviation Security Advisory Sec. 1. Short title and table of contents. RETENTION AMOUNT.— Committee (ASAC). H.R. 1204 codifies the ex- TITLE I—EXTENSION OF TERRORISM ‘‘(A) IN GENERAL.—For purposes of para- isting ASAC and prohibits TSA from allowing INSURANCE PROGRAM graph (7), the insurance marketplace aggre- the Committee’s charter to lapse, as has hap- Sec. 101. Extension of Terrorism Insurance gate retention amount shall be the lesser pened in the past. It also ensures a diverse Program. of—

VerDate Sep 11 2014 05:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.049 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8976 CONGRESSIONAL RECORD — HOUSE December 10, 2014 ‘‘(i) $27,500,000,000, as such amount is re- (A) in paragraph (3)— (1) the term ‘‘act of terrorism’’ has the vised pursuant to this paragraph; and (i) by redesignating subparagraphs (A), (B), same meaning as in section 102(1) of the Ter- ‘‘(ii) the aggregate amount, for all insur- and (C) as clauses (i), (ii), and (iii), respec- rorism Risk Insurance Act of 2002 (15 U.S.C. ers, of insured losses during such calendar tively; 6701 note); year. (ii) in the matter preceding clause (i) (as so (2) the term ‘‘certification process’’ means ‘‘(B) REVISION OF INSURANCE MARKETPLACE redesignated), by striking ‘‘An entity has’’ the process by which the Secretary deter- AGGREGATE RETENTION AMOUNT.— and inserting the following: mines whether to certify an act as an act of ‘‘(i) PHASE-IN.—Beginning in the calendar ‘‘(A) IN GENERAL.—An entity has’’; and terrorism under section 102(1) of the Ter- year that follows the date of enactment of (iii) by adding at the end the following new rorism Risk Insurance Act of 2002 (15 U.S.C. the Terrorism Risk Insurance Program Re- subparagraph: 6701 note); and authorization Act of 2014, the amount set ‘‘(B) RULE OF CONSTRUCTION.—An entity, (3) the term ‘‘Secretary’’ means the Sec- forth under subparagraph (A)(i) shall in- including any affiliate thereof, does not have retary of the Treasury. crease by $2,000,000,000 per calendar year ‘control’ over another entity, if, as of the (b) STUDY.—Not later than 9 months after until equal to $37,500,000,000. date of enactment of the Terrorism Risk In- the date of enactment of this Act, the Sec- ‘‘(ii) FURTHER REVISION.—Beginning in the surance Program Reauthorization Act of retary shall conduct and complete a study on calendar year that follows the calendar year 2014, the entity is acting as an attorney-in- the certification process. in which the amount set forth under sub- fact, as defined by the Secretary, for the (c) REQUIRED CONTENT.—The study required paragraph (A)(i) is equal to $37,500,000,000, other entity and such other entity is a recip- under subsection (a) shall include an exam- the amount under subparagraph (A)(i) shall rocal insurer, provided that the entity is not, ination and analysis of— be revised to be the amount equal to the an- for reasons other than the attorney-in-fact (1) the establishment of a reasonable nual average of the sum of insurer relationship, defined as having ‘control’ timeline by which the Secretary must make deductibles for all insurers participating in under subparagraph (A).’’; an accurate determination on whether to the Program for the prior 3 calendar years, (B) in paragraph (7)— certify an act as an act of terrorism; as such sum is determined by the Secretary (i) by striking subparagraphs (A) through (2) the impact that the length of any under subparagraph (C). (F) and inserting the following: timeline proposed to be established under ‘‘(C) RULEMAKING.—Not later than 3 years ‘‘(A) the value of an insurer’s direct earned paragraph (1) may have on the insurance in- after the date of enactment of the Terrorism premiums during the immediately preceding dustry, policyholders, consumers, and tax- Risk Insurance Program Reauthorization calendar year, multiplied by 20 percent; payers as a whole; Act of 2014, the Secretary shall— and’’; (3) the factors the Secretary would evalu- ‘‘(i) issue final rules for determining the (ii) by redesignating subparagraph (G) as ate and monitor during the certification amount of the sum described under subpara- subparagraph (B); and process, including the ability of the Sec- graph (B)(ii); and (iii) in subparagraph (B), as so redesignated retary to obtain the required information re- ‘‘(ii) provide a timeline for public notifica- by clause (ii)— garding the amount of projected and in- tion of such determination.’’; and (I) by striking ‘‘notwithstanding subpara- curred losses resulting from an act which the (2) in paragraph (7)— graphs (A) through (F), for the Transition Secretary would need in determining wheth- (A) in subparagraph (A)— Period or any Program Year’’ and inserting er to certify the act as an act of terrorism; ‘‘notwithstanding subparagraph (A), for any (i) in the matter preceding clause (i), by (4) the appropriateness, efficiency, and ef- calendar year’’; and striking ‘‘for each of the periods referred to fectiveness of the consultation process re- (II) by striking ‘‘Period or Program Year’’ in subparagraphs (A) through (E) of para- quired under section 102(1)(A) of the Ter- and inserting ‘‘calendar year’’; graph (6)’’; and rorism Risk Insurance Act of 2002 (15 U.S.C. (C) by striking paragraph (11); and (ii) in clause (i), by striking ‘‘for such pe- 6701 note) and any recommendations on (D) by redesignating paragraphs (12) riod’’; changes to the consultation process; and through (16) as paragraphs (11) through (15), (B) by striking subparagraph (B) and in- (5) the ability of the Secretary to provide respectively; and serting the following: guidance and updates to the public regarding (2) in section 103— ‘‘(B) [Reserved.]’’; any act that may reasonably be certified as (A) in subsection (b)(2)— (C) in subparagraph (C)— (i) in subparagraph (B), by striking ‘‘, pur- an act of terrorism. (i) by striking ‘‘occurring during any of the chase,’’; and (d) REPORT.—Upon completion of the study periods referred to in any of subparagraphs (ii) in subparagraph (C), by striking ‘‘, pur- required under subsection (a), the Secretary (A) through (E) of paragraph (6), terrorism chase,’’; shall submit a report on the results of such loss risk-spreading premiums in an amount (B) in subsection (c), by striking ‘‘Program study to the Committee on Banking, Hous- equal to 133 percent’’ and inserting ‘‘, ter- Year’’ and inserting ‘‘calendar year’’; ing, and Urban Affairs of the Senate and the rorism loss risk-spreading premiums in an (C) in subsection (e)— Committee on Financial Services of the amount equal to 140 percent’’; and (i) in paragraph (1)(A), as previously House of Representatives. (ii) by inserting ‘‘as calculated under sub- amended by section 102— (e) RULEMAKING.—Section 102(1) of the Ter- paragraph (A)’’ after ‘‘mandatory (I) by striking ‘‘the Transition Period and rorism Risk Insurance Act of 2002 (15 U.S.C. recoupment amount’’; and each Program Year through Program Year 4 6701 note) is amended— (D) in subparagraph (E)(i)— shall be equal to 90 percent, and during Pro- (1) by redesignating subparagraph (D) as (i) in subclause (I)— gram Year 5 and each Program Year there- subparagraph (E); and (I) by striking ‘‘2010’’ and inserting ‘‘2017’’; after’’ and inserting ‘‘each calendar year’’; (2) by inserting after subparagraph (C) the and (II) by striking the comma after ‘‘80 per- following: (II) by striking ‘‘2012’’ and inserting ‘‘2019’’; cent’’; and ‘‘(D) TIMING OF CERTIFICATION.—Not later (ii) in subclause (II)— (III) by striking ‘‘such Transition Period or than 9 months after the report required (I) by striking ‘‘2011’’ and inserting ‘‘2018’’; such Program Year’’ and inserting ‘‘such cal- under section 107 of the Terrorism Risk In- (II) by striking ‘‘2012’’ and inserting ‘‘2019’’; endar year’’; and surance Program Reauthorization Act of 2014 and (ii) in paragraph (2)(A), by striking ‘‘the is submitted to the appropriate committees (III) by striking ‘‘2017’’ and inserting period beginning on the first day of the of Congress, the Secretary shall issue final ‘‘2024’’; and Transition Period and ending on the last day rules governing the certification process, in- (iii) in subclause (III)— of Program Year 1, or during any Program cluding establishing a timeline for which an (I) by striking ‘‘2012’’ and inserting ‘‘2019’’; Year thereafter’’ and inserting ‘‘a calendar act is eligible for certification by the Sec- and year’’; and retary on whether an act is an act of ter- (II) by striking ‘‘2017’’ and inserting ‘‘2024’’. (iii) in paragraph (3), by striking ‘‘the pe- rorism under this paragraph.’’. SEC. 105. CERTIFICATION OF ACTS OF TER- riod beginning on the first day of the Transi- SEC. 108. GAO STUDY. RORISM; CONSULTATION WITH SEC- tion Period and ending on the last day of (a) STUDY.—Not later than 2 years after the RETARY OF HOMELAND SECURITY. Program Year 1, or during any other Pro- date of enactment of this Act, the Comp- (a) IN GENERAL.—Paragraph (1)(A) of sec- gram Year’’ and inserting ‘‘any calendar troller General of the United States shall tion 102 (15 U.S.C. 6701 note) is amended in year’’; and complete a study on the viability and effects the matter preceding clause (i), by striking (D) in subsection (g)(2)— of the Federal Government— ‘‘concurrence with the Secretary of State’’ (i) by striking ‘‘the Transition Period or a (1) assessing and collecting upfront pre- and inserting ‘‘consultation with the Sec- Program Year’’ each place that term appears miums on insurers that participate in the retary of Homeland Security’’. and inserting ‘‘the calendar year’’; Terrorism Insurance Program established (b) EFFECTIVE DATE.—The amendment (ii) by striking ‘‘such period’’ and inserting under the Terrorism Risk Insurance Act of made by subsection (a) shall take effect on ‘‘the calendar year’’; and 2002 (15 U.S.C. 6701 note) (hereafter in this January 1, 2015. (iii) by striking ‘‘that period’’ and insert- section referred to as the ‘‘Program’’), which SEC. 106. TECHNICAL AMENDMENTS. ing ‘‘the calendar year’’. shall include a comparison of practices in The Terrorism Risk Insurance Act of 2002 SEC. 107. IMPROVING THE CERTIFICATION PROC- international markets to assess and collect (15 U.S.C. 6701 note) is amended— ESS. premiums either before or after terrorism (1) in section 102— (a) DEFINITIONS.—As used in this section— losses are incurred; and

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.025 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8977 (2) creating a capital reserve fund under SEC. 109. MEMBERSHIP OF BOARD OF GOV- ‘‘(G) such other matters as the Secretary the Program and requiring insurers partici- ERNORS OF THE FEDERAL RESERVE considers appropriate. pating in the Program to dedicate capital SYSTEM. ‘‘(2) REPORTS.—Not later than June 30, specifically for terrorism losses before such (a) IN GENERAL.—The first undesignated 2016, and every other June 30 thereafter, the losses are incurred, which shall include a paragraph of section 10 of the Federal Re- Secretary shall submit a report to the Com- comparison of practices in international serve Act (12 U.S.C. 241) is amended by in- mittee on Financial Services of the House of markets to establish reserve funds. serting after the second sentence the fol- Representatives and the Committee on lowing: ‘‘In selecting members of the Board, Banking, Housing, and Urban Affairs of the (b) REQUIRED CONTENT.—The study re- the President shall appoint at least 1 mem- Senate that includes— quired under subsection (a) shall examine, ber with demonstrated primary experience ‘‘(A) an analysis of the overall effective- but shall not be limited to, the following working in or supervising community banks ness of the Program; issues: having less than $10,000,000,000 in total as- ‘‘(B) an evaluation of any changes or (1) UPFRONT PREMIUMS.—With respect to sets.’’. trends in the data collected under paragraph upfront premiums described in subsection (b) EFFECTIVE DATE.—The amendment (1); (a)(1)— made by this section shall take effect on the ‘‘(C) an evaluation of whether any aspects (A) how the Federal Government could de- date of enactment of this Act and apply to of the Program have the effect of discour- termine the price of such upfront premiums appointments made on and after that effec- aging or impeding insurers from providing on insurers that participate in the Program; tive date, excluding any nomination pending commercial property casualty insurance cov- (B) how the Federal Government could col- in the Senate on that date. erage or coverage for acts of terrorism; lect and manage such upfront premiums; SEC. 110. ADVISORY COMMITTEE ON RISK-SHAR- ‘‘(D) an evaluation of the impact of the (C) how the Federal Government could en- ING MECHANISMS. Program on workers’ compensation insurers; sure that such upfront premiums are not (a) FINDING; RULE OF CONSTRUCTION.— and spent for purposes other than claims through (1) FINDING.—Congress finds that it is de- ‘‘(E) in the case of the data reported in the Program; sirable to encourage the growth of non- paragraph (1)(B), an updated estimate of the (D) how the assessment and collection of governmental, private market reinsurance total amount earned since January 1, 2003. such upfront premiums could affect take-up capacity for protection against losses arising ‘‘(3) PROTECTION OF DATA.—To the extent rates for terrorism risk coverage in different from acts of terrorism. possible, the Secretary shall contract with regions and industries and how it could im- (2) RULE OF CONSTRUCTION.—Nothing in this an insurance statistical aggregator to collect pact small businesses and consumers in both Act, any amendment made by this Act, or the information described in paragraph (1), metropolitan and non-metropolitan areas; the Terrorism Risk Insurance Act of 2002 (15 which shall keep any nonpublic information (E) the effect of collecting such upfront U.S.C. 6701 note) shall prohibit insurers from confidential and provide it to the Secretary premiums on insurers both large and small; developing risk-sharing mechanisms to vol- in an aggregate form or in such other form (F) the effect of collecting such upfront untarily reinsure terrorism losses between or manner that does not permit identifica- premiums on the private market for ter- and among themselves. tion of the insurer submitting such informa- rorism risk reinsurance; and (b) ADVISORY COMMITTEE ON RISK-SHARING tion. (G) the size of any Federal Government MECHANISMS.— ‘‘(4) ADVANCE COORDINATION.—Before col- subsidy insurers may receive through their (1) ESTABLISHMENT.—The Secretary of the lecting any data or information under para- participation in the Program, taking into ac- Treasury shall establish and appoint an advi- graph (1) from an insurer, or affiliate of an count the Program’s current post-event sory committee to be known as the ‘‘Advi- insurer, the Secretary shall coordinate with recoupment structure. sory Committee on Risk-Sharing Mecha- the appropriate State insurance regulatory (2) CAPITAL RESERVE FUND.—With respect nisms’’ (referred to in this subsection as the authorities and any relevant government to the capital reserve fund described in sub- ‘‘Advisory Committee’’). agency or publicly available sources to de- section (a)(2)— (2) DUTIES.—The Advisory Committee shall termine if the information to be collected is (A) how the creation of a capital reserve provide advice, recommendations, and en- available from, and may be obtained in a fund would affect the Federal Government’s couragement with respect to the creation timely manner by, individually or collec- fiscal exposure under the Terrorism Risk In- and development of the nongovernmental tively, such entities. If the Secretary deter- surance Program and the ability of the Pro- risk-sharing mechanisms described under mines that such data or information is avail- gram to meet its statutory purposes; subsection (a). able, and may be obtained in a timely mat- (B) how a capital reserve fund would im- (3) MEMBERSHIP.—The Advisory Committee ter, from such entities, the Secretary shall pact insurers and reinsurers, including li- shall be composed of 9 members who are di- obtain the data or information from such en- quidity, insurance pricing, and capacity to rectors, officers, or other employees of insur- tities. If the Secretary determines that such provide terrorism risk coverage; ers, reinsurers, or capital market partici- data or information is not so available, the (C) the feasibility of segregating funds at- pants that are participating or that desire to Secretary may collect such data or informa- tributable to terrorism risk from funds at- participate in the nongovernmental risk- tion from an insurer and affiliates. tributable to other insurance lines; sharing mechanisms described under sub- ‘‘(5) CONFIDENTIALITY.— (D) how a capital reserve fund would be section (a), and who are representative of the ‘‘(A) RETENTION OF PRIVILEGE.—The sub- viewed and treated under current Financial affected sectors of the insurance industry, mission of any non-publicly available data Accounting Standards Board accounting including commercial property insurance, and information to the Secretary and the rules and the tax laws; and commercial casualty insurance, reinsurance, sharing of any non-publicly available data (E) how a capital reserve fund would affect and alternative risk transfer industries. with or by the Secretary among other Fed- the States’ ability to regulate insurers par- (c) EFFECTIVE DATE.—The provisions of eral agencies, the State insurance regulatory ticipating in the Program. this section shall take effect on January 1, authorities, or any other entities under this (3) INTERNATIONAL PRACTICES.—With re- 2015. subsection shall not constitute a waiver of, spect to international markets referred to in SEC. 111. REPORTING OF TERRORISM INSUR- or otherwise affect, any privilege arising paragraphs (1) and (2) of subsection (a), how ANCE DATA. under Federal or State law (including the other countries, if any— Section 104 (15 U.S.C. 6701 note) is amended rules of any Federal or State court) to which (A) have established terrorism insurance by adding at the end the following new sub- the data or information is otherwise subject. structures; section: ‘‘(B) CONTINUED APPLICATION OF PRIOR CON- (B) charge premiums or otherwise collect ‘‘(h) REPORTING OF TERRORISM INSURANCE FIDENTIALITY AGREEMENTS.—Any require- funds to pay for the costs of terrorism insur- DATA.— ment under Federal or State law to the ex- ance structures, including risk and adminis- ‘‘(1) AUTHORITY.—During the calendar year tent otherwise applicable, or any require- trative costs; and beginning on January 1, 2016, and in each cal- ment pursuant to a written agreement in ef- (C) have established capital reserve funds endar year thereafter, the Secretary shall re- fect between the original source of any non- to pay for the costs of terrorism insurance quire insurers participating in the Program publicly available data or information and structures. to submit to the Secretary such information the source of such data or information to the regarding insurance coverage for terrorism Secretary, regarding the privacy or confiden- (c) REPORT.—Upon completion of the study losses of such insurers as the Secretary con- tiality of any data or information in the pos- required under subsection (a), the Comp- siders appropriate to analyze the effective- session of the source to the Secretary, shall troller General shall submit a report on the ness of the Program, which shall include in- continue to apply to such data or informa- results of such study to the Committee on formation regarding— tion after the data or information has been Banking, Housing, and Urban Affairs of the ‘‘(A) lines of insurance with exposure to provided pursuant to this subsection. Senate and the Committee on Financial such losses; ‘‘(C) INFORMATION-SHARING AGREEMENT.— Services of the House of Representatives. ‘‘(B) premiums earned on such coverage; Any data or information obtained by the (d) PUBLIC AVAILABILITY.—The study and ‘‘(C) geographical location of exposures; Secretary under this subsection may be report required under this section shall be ‘‘(D) pricing of such coverage; made available to State insurance regu- made available to the public in electronic ‘‘(E) the take-up rate for such coverage; latory authorities, individually or collec- form and shall be published on the website of ‘‘(F) the amount of private reinsurance for tively through an information-sharing agree- the Government Accountability Office. acts of terrorism purchased; and ment that—

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.025 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8978 CONGRESSIONAL RECORD — HOUSE December 10, 2014 ‘‘(i) shall comply with applicable Federal ‘‘SEC. 322. PURPOSE. criminal history record information, includ- law; and ‘‘The purpose of the Association shall be to ing the establishment of reasonable fees to ‘‘(ii) shall not constitute a waiver of, or provide a mechanism through which licens- defray the expenses of the Association in otherwise affect, any privilege under Federal ing, continuing education, and other non- connection with the performance of a crimi- or State law (including any privilege re- resident insurance producer qualification re- nal history record check and appropriate ferred to in subparagraph (A) and the rules of quirements and conditions may be adopted safeguards for maintaining confidentiality any Federal or State court) to which the and applied on a multi-state basis without and security of the information. Any fees data or information is otherwise subject. affecting the laws, rules, and regulations, charged pursuant to this clause shall be sep- ‘‘(D) AGENCY DISCLOSURE REQUIREMENTS.— and preserving the rights of a State, per- arate and distinct from those charged by the Section 552 of title 5, United States Code, in- taining to— Attorney General pursuant to subparagraph cluding any exceptions thereunder, shall ‘‘(1) licensing, continuing education, and (I). apply to any data or information submitted other qualification requirements of insur- ‘‘(D) FORM OF REQUEST.—A submission under this subsection to the Secretary by an ance producers that are not members of the under subparagraph (C)(i) shall include such insurer or affiliate of an insurer.’’. Association; fingerprints or other identification informa- SEC. 112. ANNUAL STUDY OF SMALL INSURER ‘‘(2) resident or nonresident insurance pro- tion as is required by the Attorney General MARKET COMPETITIVENESS. ducer appointment requirements; concerning the person about whom the Section 108 (15 U.S.C. 6701 note) is amended ‘‘(3) supervising and disciplining resident criminal history record check is requested, by adding at the end the following new sub- and nonresident insurance producers; and a statement signed by the person au- section: ‘‘(4) establishing licensing fees for resident thorizing the Attorney General to provide ‘‘(h) STUDY OF SMALL INSURER MARKET and nonresident insurance producers so that the information to the Association and for the Association to receive the information. COMPETITIVENESS.— there is no loss of insurance producer licens- ‘‘(E) PROVISION OF INFORMATION BY ATTOR- ‘‘(1) IN GENERAL.—Not later than June 30, ing revenue to the State; and 2017, and every other June 30 thereafter, the ‘‘(5) prescribing and enforcing laws and NEY GENERAL.—Upon receiving a submission Secretary shall conduct a study of small in- regulations regulating the conduct of resi- under subparagraph (C)(i) from the Associa- surers (as such term is defined by regulation dent and nonresident insurance producers. tion, the Attorney General shall search all criminal history records of the Federal Bu- by the Secretary) participating in the Pro- ‘‘SEC. 323. MEMBERSHIP. reau of Investigation, including records of gram, and identify any competitive chal- ‘‘(a) ELIGIBILITY.— the Criminal Justice Information Services lenges small insurers face in the terrorism ‘‘(1) IN GENERAL.—Any insurance producer Division of the Federal Bureau of Investiga- risk insurance marketplace, including— licensed in its home State shall, subject to tion, that the Attorney General determines ‘‘(A) changes to the market share, pre- paragraphs (2) and (4), be eligible to become appropriate for criminal history records cor- mium volume, and policyholder surplus of a member of the Association. responding to the fingerprints or other iden- small insurers relative to large insurers; ‘‘(2) INELIGIBILITY FOR SUSPENSION OR REV- tification information provided under sub- ‘‘(B) how the property and casualty insur- OCATION OF LICENSE.—Subject to paragraph paragraph (D) and provide all criminal his- ance market for terrorism risk differs be- (3), an insurance producer is not eligible to tory record information included in the re- tween small and large insurers, and whether become a member of the Association if a quest to the Association. such a difference exists within other perils; State insurance regulator has suspended or ‘‘(F) LIMITATION ON PERMISSIBLE USES OF IN- ‘‘(C) the impact of the Program’s manda- revoked the insurance license of the insur- FORMATION.—Any information provided to tory availability requirement under section ance producer in that State. the Association under subparagraph (E) may 103(c) on small insurers; ‘‘(3) RESUMPTION OF ELIGIBILITY.—Para- only— ‘‘(D) the effect of increasing the trigger graph (2) shall cease to apply to any insur- ‘‘(i) be used for purposes of determining amount for the Program under section ance producer if— compliance with membership criteria estab- 103(e)(1)(B) on small insurers; ‘‘(A) the State insurance regulator reissues lished by the Association; ‘‘(E) the availability and cost of private re- or renews the license of the insurance pro- ‘‘(ii) be disclosed to State insurance regu- insurance for small insurers; and ducer in the State in which the license was lators, or Federal or State law enforcement ‘‘(F) the impact that State workers com- suspended or revoked, or otherwise termi- agencies, in conformance with applicable pensation laws have on small insurers and nates or vacates the suspension or revoca- law; or workers compensation carriers in the ter- tion; or ‘‘(iii) be disclosed, upon request, to the in- rorism risk insurance marketplace. ‘‘(B) the suspension or revocation expires surance producer to whom the criminal his- ‘‘(2) REPORT.—The Secretary shall submit or is subsequently overturned by a court of tory record information relates. a report to the Congress setting forth the competent jurisdiction. ‘‘(G) PENALTY FOR IMPROPER USE OR DISCLO- findings and conclusions of each study re- ‘‘(4) CRIMINAL HISTORY RECORD CHECK RE- SURE.—Whoever knowingly uses any infor- quired under paragraph (1).’’. QUIRED.— mation provided under subparagraph (E) for TITLE II—NATIONAL ASSOCIATION OF ‘‘(A) IN GENERAL.—An insurance producer a purpose not authorized in subparagraph REGISTERED AGENTS AND BROKERS who is an individual shall not be eligible to (F), or discloses any such information to REFORM become a member of the Association unless anyone not authorized to receive it, shall be the insurance producer has undergone a SEC. 201. SHORT TITLE. fined not more than $50,000 per violation as criminal history record check that complies determined by a court of competent jurisdic- This title may be cited as the ‘‘National with regulations prescribed by the Attorney tion. Association of Registered Agents and Bro- General of the United States under subpara- ‘‘(H) RELIANCE ON INFORMATION.—Neither kers Reform Act of 2014’’. graph (K). the Association nor any of its Board mem- SEC. 202. REESTABLISHMENT OF THE NATIONAL ‘‘(B) CRIMINAL HISTORY RECORD CHECK RE- bers, officers, or employees shall be liable in ASSOCIATION OF REGISTERED QUESTED BY HOME STATE.—An insurance pro- any action for using information provided AGENTS AND BROKERS. ducer who is licensed in a State and who has under subparagraph (E) as permitted under (a) IN GENERAL.—Subtitle C of title III of undergone a criminal history record check subparagraph (F) in good faith and in reason- the Gramm-Leach-Bliley Act (15 U.S.C. 6751 during the 2-year period preceding the date able reliance on its accuracy. et seq.) is amended to read as follows: of submission of an application to become a ‘‘(I) FEES.—The Attorney General may ‘‘Subtitle C—National Association of member of the Association, in compliance charge a reasonable fee for conducting the Registered Agents and Brokers with a requirement to undergo such criminal search and providing the information under ‘‘SEC. 321. NATIONAL ASSOCIATION OF REG- history record check as a condition for such subparagraph (E), and any such fee shall be ISTERED AGENTS AND BROKERS. licensure in the State, shall be deemed to collected and remitted by the Association to ‘‘(a) ESTABLISHMENT.—There is established have undergone a criminal history record the Attorney General. the National Association of Registered check for purposes of subparagraph (A). ‘‘(J) RULE OF CONSTRUCTION.—Nothing in Agents and Brokers (referred to in this sub- ‘‘(C) CRIMINAL HISTORY RECORD CHECK RE- this paragraph shall be construed as— title as the ‘Association’). QUESTED BY ASSOCIATION.— ‘‘(i) requiring a State insurance regulator ‘‘(b) STATUS.—The Association shall— ‘‘(i) IN GENERAL.—The Association shall, to perform criminal history record checks ‘‘(1) be a nonprofit corporation; upon request by an insurance producer li- under this section; or ‘‘(2) not be an agent or instrumentality of censed in a State, submit fingerprints or ‘‘(ii) limiting any other authority that al- the Federal Government; other identification information obtained lows access to criminal history records. ‘‘(3) be an independent organization that from the insurance producer, and a request ‘‘(K) REGULATIONS.—The Attorney General may not be merged with or into any other for a criminal history record check of the in- shall prescribe regulations to carry out this private or public entity; and surance producer, to the Federal Bureau of paragraph, which shall include— ‘‘(4) except as otherwise provided in this Investigation. ‘‘(i) appropriate protections for ensuring subtitle, be subject to, and have all the pow- ‘‘(ii) PROCEDURES.—The board of directors the confidentiality of information provided ers conferred upon, a nonprofit corporation of the Association (referred to in this sub- under subparagraph (E); and by the District of Columbia Nonprofit Cor- title as the ‘Board’) shall prescribe proce- ‘‘(ii) procedures providing a reasonable op- poration Act (D.C. Code, sec. 29–301.01 et seq.) dures for obtaining and utilizing fingerprints portunity for an insurance producer to con- or any successor thereto. or other identification information and test the accuracy of information regarding

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.025 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8979 the insurance producer provided under sub- Brokers Reform Act of 2014, and shall con- ance regulators) and the NAIC a list of the paragraph (E). sider the highest levels of insurance producer States in which each member is authorized ‘‘(L) INELIGIBILITY FOR MEMBERSHIP.— qualifications established under the licens- to operate. The Association shall imme- ‘‘(i) IN GENERAL.—The Association may, ing laws of the States. diately notify the States (including State in- under reasonably consistently applied stand- ‘‘(3) ASSISTANCE FROM STATES.— surance regulators) and the NAIC when a ards, deny membership to an insurance pro- ‘‘(A) IN GENERAL.—The Association may re- member is newly authorized to operate in ducer on the basis of criminal history record quest a State to provide assistance in inves- one or more States, or is no longer author- information provided under subparagraph tigating and evaluating the eligibility of a ized to operate in one or more States on the (E), or where the insurance producer has prospective member for membership in the basis of Association membership. been subject to disciplinary action, as de- Association. ‘‘(5) PRESERVATION OF CONSUMER PROTEC- scribed in paragraph (2). ‘‘(B) AUTHORIZATION OF INFORMATION SHAR- TION AND MARKET CONDUCT REGULATION.— ‘‘(ii) RIGHTS OF APPLICANTS DENIED MEM- ING.—A submission under subsection ‘‘(A) IN GENERAL.—No provision of this sec- BERSHIP.—The Association shall notify any (a)(4)(C)(i) made by an insurance producer li- tion shall be construed as altering or affect- insurance producer who is denied member- censed in a State shall include a statement ing the applicability or continuing effective- ship on the basis of criminal history record signed by the person about whom the assist- ness of any law, regulation, provision, or information provided under subparagraph (E) ance is requested authorizing— other action of any State, including those of the right of the insurance producer to— ‘‘(i) the State to share information with described in subparagraph (B), to the extent ‘‘(I) obtain a copy of all criminal history the Association; and that the State law, regulation, provision, or record information provided to the Associa- ‘‘(ii) the Association to receive the infor- other action is not inconsistent with the pro- tion under subparagraph (E) with respect to mation. visions of this subtitle related to market the insurance producer; and ‘‘(C) RULE OF CONSTRUCTION.—Subpara- entry for nonresident insurance producers, ‘‘(II) challenge the denial of membership graph (A) shall not be construed as requiring and then only to the extent of the inconsist- based on the accuracy and completeness of or authorizing any State to adopt new or ad- ency. the information. ditional requirements concerning the licens- ‘‘(B) PRESERVED REGULATIONS.—The laws, ‘‘(M) DEFINITION.—For purposes of this ing or evaluation of insurance producers. regulations, provisions, or other actions of paragraph, the term ‘criminal history record ‘‘(4) DENIAL OF MEMBERSHIP.—The Associa- any State referred to in subparagraph (A) in- check’ means a national background check tion may, based on reasonably consistently clude laws, regulations, provisions, or other of criminal history records of the Federal applied standards, deny membership to any actions that— Bureau of Investigation. State-licensed insurance producer for failure ‘‘(i) regulate market conduct, insurance ‘‘(b) AUTHORITY TO ESTABLISH MEMBERSHIP to meet the membership criteria established producer conduct, or unfair trade practices; CRITERIA.—The Association may establish by the Association. ‘‘(ii) establish consumer protections; or membership criteria that bear a reasonable ‘‘(e) EFFECT OF MEMBERSHIP.— ‘‘(iii) require insurance producers to be ap- relationship to the purposes for which the ‘‘(1) AUTHORITY OF ASSOCIATION MEMBERS.— pointed by a licensed or authorized insurer. Association was established. Membership in the Association shall— ‘‘(f) BIENNIAL RENEWAL.—Membership in ‘‘(c) ESTABLISHMENT OF CLASSES AND CAT- ‘‘(A) authorize an insurance producer to the Association shall be renewed on a bien- EGORIES OF MEMBERSHIP.— sell, solicit, or negotiate insurance in any nial basis. ‘‘(1) CLASSES OF MEMBERSHIP.—The Asso- State for which the member pays the licens- ‘‘(g) CONTINUING EDUCATION.— ciation may establish separate classes of ing fee set by the State for any line or lines ‘‘(1) IN GENERAL.—The Association shall es- membership, with separate criteria, if the of insurance specified in the home State li- tablish, as a condition of membership, con- Association reasonably determines that per- cense of the insurance producer, and exercise tinuing education requirements which shall formance of different duties requires dif- all such incidental powers as shall be nec- be comparable to the continuing education ferent levels of education, training, experi- essary to carry out such activities, including requirements under the licensing laws of a ence, or other qualifications. claims adjustments and settlement to the majority of the States. ‘‘(2) BUSINESS ENTITIES.—The Association extent permissible under the laws of the ‘‘(2) STATE CONTINUING EDUCATION REQUIRE- shall establish a class of membership and State, risk management, employee benefits MENTS.—A member may not be required to membership criteria for business entities. A advice, retirement planning, and any other satisfy continuing education requirements business entity that applies for membership insurance-related consulting activities; imposed under the laws, regulations, provi- shall be required to designate an individual ‘‘(B) be the equivalent of a nonresident in- sions, or actions of any State other than the Association member responsible for the com- surance producer license for purposes of au- home State of the member. pliance of the business entity with Associa- thorizing the insurance producer to engage ‘‘(3) RECIPROCITY.—The Association shall tion standards and the insurance laws, in the activities described in subparagraph not require a member to satisfy continuing standards, and regulations of any State in (A) in any State where the member pays the education requirements that are equivalent which the business entity seeks to do busi- licensing fee; and to any continuing education requirements of ness on the basis of Association membership. ‘‘(C) be the equivalent of a nonresident in- the home State of the member that have ‘‘(3) CATEGORIES.— surance producer license for the purpose of been satisfied by the member during the ap- ‘‘(A) SEPARATE CATEGORIES FOR INSURANCE subjecting an insurance producer to all laws, plicable licensing period. PRODUCERS PERMITTED.—The Association regulations, provisions or other action of ‘‘(4) LIMITATION ON THE ASSOCIATION.—The may establish separate categories of mem- any State concerning revocation, suspension, Association shall not directly or indirectly bership for insurance producers and for other or other enforcement action related to the offer any continuing education courses for persons or entities within each class, based ability of a member to engage in any activ- insurance producers. on the types of licensing categories that ity within the scope of authority granted ‘‘(h) PROBATION, SUSPENSION AND REVOCA- exist under State laws. under this subsection and to all State laws, TION.— ‘‘(B) SEPARATE TREATMENT FOR DEPOSITORY regulations, provisions, and actions pre- ‘‘(1) DISCIPLINARY ACTION.—The Association INSTITUTIONS PROHIBITED.—No special cat- served under paragraph (5). may place an insurance producer that is a egories of membership, and no distinct mem- ‘‘(2) VIOLENT CRIME CONTROL AND LAW EN- member of the Association on probation or bership criteria, shall be established for FORCEMENT ACT OF 1994.—Nothing in this sub- suspend or revoke the membership of the in- members that are depository institutions or title shall be construed to alter, modify, or surance producer in the Association, or as- for employees, agents, or affiliates of deposi- supercede any requirement established by sess monetary fines or penalties, as the Asso- tory institutions. section 1033 of title 18, United States Code. ciation determines to be appropriate, if— ‘‘(d) MEMBERSHIP CRITERIA.— ‘‘(3) AGENT FOR REMITTING FEES.—The Asso- ‘‘(A) the insurance producer fails to meet ‘‘(1) IN GENERAL.—The Association may es- ciation shall act as an agent for any member the applicable membership criteria or other tablish criteria for membership which shall for purposes of remitting licensing fees to standards established by the Association; include standards for personal qualifications, any State pursuant to paragraph (1). ‘‘(B) the insurance producer has been sub- education, training, and experience. The As- ‘‘(4) NOTIFICATION OF ACTION.— ject to disciplinary action pursuant to a sociation shall not establish criteria that un- ‘‘(A) IN GENERAL.—The Association shall final adjudicatory proceeding under the ju- fairly limit the ability of a small insurance notify the States (including State insurance risdiction of a State insurance regulator; producer to become a member of the Asso- regulators) and the NAIC when an insurance ‘‘(C) an insurance license held by the insur- ciation, including imposing discriminatory producer has satisfied the membership cri- ance producer has been suspended or revoked membership fees. teria of this section. The States (including by a State insurance regulator; or ‘‘(2) QUALIFICATIONS.—In establishing cri- State insurance regulators) shall have 10 ‘‘(D) the insurance producer has been con- teria under paragraph (1), the Association business days after the date of the notifica- victed of a crime that would have resulted in shall not adopt any qualification less protec- tion in order to provide the Association with the denial of membership pursuant to sub- tive to the public than that contained in the evidence that the insurance producer does section (a)(4)(L)(i) at the time of application, National Association of Insurance Commis- not satisfy the criteria for membership in and the Association has received a copy of sioners (referred to in this subtitle as the the Association. the final disposition from a court of com- ‘NAIC’) Producer Licensing Model Act in ef- ‘‘(B) ONGOING DISCLOSURES REQUIRED.—On petent jurisdiction. fect as of the date of enactment of the Na- an ongoing basis, the Association shall dis- ‘‘(2) VIOLATIONS OF ASSOCIATION STAND- tional Association of Registered Agents and close to the States (including State insur- ARDS.—The Association shall have the power

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to investigate alleged violations of Associa- ‘‘(b) POWERS.—The Board shall have such ‘‘(2) EXCEPTIONS.— tion standards. of the powers and authority of the Associa- ‘‘(A) 1-YEAR TERMS.—The term of service ‘‘(3) REPORTING.—The Association shall im- tion as may be specified in the bylaws of the shall be 1 year, as designated by the Presi- mediately notify the States (including State Association. dent at the time of the nomination of the insurance regulators) and the NAIC when the ‘‘(c) COMPOSITION.— subject Board members for— membership of an insurance producer has ‘‘(1) IN GENERAL.—The Board shall consist ‘‘(i) 4 of the State insurance commissioner been placed on probation or has been sus- of 13 members who shall be appointed by the Board members initially appointed under pended, revoked, or otherwise terminated, or President, by and with the advice and con- paragraph (1)(A), of whom not more than 2 when the Association has assessed monetary sent of the Senate, in accordance with the shall belong to the same political party; fines or penalties. procedures established under Senate Resolu- ‘‘(ii) 1 of the Board members initially ap- ‘‘(i) CONSUMER COMPLAINTS.— tion 116 of the 112th ongress, of whom— pointed under paragraph (1)(B); and ‘‘(1) IN GENERAL.—The Association shall— ‘‘(A) 8 shall be State insurance commis- ‘‘(iii) 1 of the Board members initially ap- ‘‘(A) refer any complaint against a member sioners appointed in the manner provided in pointed under paragraph (1)(C). of the Association from a consumer relating paragraph (2), 1 of whom shall be designated ‘‘(B) EXPIRATION OF TERM.—A Board mem- to alleged misconduct or violations of State by the President to serve as the chairperson ber may continue to serve after the expira- insurance laws to the State insurance regu- of the Board until the Board elects one such tion of the term to which the Board member lator where the consumer resides and, when State insurance commissioner Board mem- was appointed for the earlier of 2 years or appropriate, to any additional State insur- ber to serve as the chairperson of the Board; until a successor is appointed. ance regulator, as determined by standards ‘‘(B) 3 shall have demonstrated expertise ‘‘(C) MID-TERM APPOINTMENTS.—A Board adopted by the Association; and and experience with property and casualty member appointed to fill a vacancy occur- ‘‘(B) make any related records and infor- insurance producer licensing; and ring before the expiration of the term for mation available to each State insurance ‘‘(C) 2 shall have demonstrated expertise which the predecessor of the Board member regulator to whom the complaint is for- and experience with life or health insurance was appointed shall be appointed only for the warded. producer licensing. remainder of that term. ‘‘(2) TELEPHONE AND OTHER ACCESS.—The ‘‘(2) STATE INSURANCE REGULATOR REP- ‘‘(3) SUCCESSIVE TERMS.—Board members RESENTATIVES.— Association shall maintain a toll-free num- may be reappointed to successive terms. ber for purposes of this subsection and, as ‘‘(A) RECOMMENDATIONS.—Before making ‘‘(e) INITIAL APPOINTMENTS.—The appoint- practicable, other alternative means of com- any appointments pursuant to paragraph ment of initial Board members shall be made munication with consumers, such as an (1)(A), the President shall request a list of no later than 90 days after the date of enact- Internet webpage. recommended candidates from the States ment of the National Association of Reg- ‘‘(3) FINAL DISPOSITION OF INVESTIGATION.— through the NAIC, which shall not be bind- istered Agents and Brokers Reform Act of State insurance regulators shall provide the ing on the President. If the NAIC fails to 2014. Association with information regarding the submit a list of recommendations not later ‘‘(f) MEETINGS.— final disposition of a complaint referred pur- than 15 business days after the date of the re- ‘‘(1) IN GENERAL.—The Board shall meet— suant to paragraph (1)(A), but nothing shall quest, the President may make the requisite ‘‘(A) at the call of the chairperson; be construed to compel a State to release appointments without considering the views ‘‘(B) as requested in writing to the chair- confidential investigation reports or other of the NAIC. person by not fewer than 5 Board members; information protected by State law to the ‘‘(B) POLITICAL AFFILIATION.—Not more or Association. than 4 Board members appointed under para- ‘‘(C) as otherwise provided by the bylaws of ‘‘(j) INFORMATION SHARING.—The Associa- graph (1)(A) shall belong to the same polit- the Association. tion may— ical party. ‘‘(2) QUORUM REQUIRED.—A majority of all ‘‘(1) share documents, materials, or other ‘‘(C) FORMER STATE INSURANCE COMMIS- Board members shall constitute a quorum. SIONERS.— information, including confidential and priv- ‘‘(3) VOTING.—Decisions of the Board shall ileged documents, with a State, Federal, or ‘‘(i) IN GENERAL.—If, after offering each require the approval of a majority of all international governmental entity or with currently serving State insurance commis- Board members present at a meeting, a the NAIC or other appropriate entity re- sioner an appointment to the Board, fewer quorum being present. than 8 State insurance commissioners have ferred to paragraphs (3) and (4), provided ‘‘(4) INITIAL MEETING.—The Board shall that the recipient has the authority and accepted appointment to the Board, the hold its first meeting not later than 45 days agrees to maintain the confidentiality or President may appoint the remaining State after the date on which all initial Board privileged status of the document, material, insurance commissioner Board members, as members have been appointed. or other information; required under paragraph (1)(A), of the ap- ‘‘(g) RESTRICTION ON CONFIDENTIAL INFOR- ‘‘(2) limit the sharing of information as re- propriate political party as required under MATION.—Board members appointed pursuant quired under this subtitle with the NAIC or subparagraph (B), from among individuals to subparagraphs (B) and (C) of subsection any other non-governmental entity, in cir- who are former State insurance commis- (c)(1) shall not have access to confidential cumstances under which the Association de- sioners. information received by the Association in termines that the sharing of such informa- ‘‘(ii) LIMITATION.—A former State insur- connection with complaints, investigations, tion is unnecessary to further the purposes ance commissioner appointed as described in or disciplinary proceedings involving insur- of this subtitle; clause (i) may not be employed by or have ance producers. ‘‘(3) establish a central clearinghouse, or any present direct or indirect financial in- ‘‘(h) ETHICS AND CONFLICTS OF INTEREST.— utilize the NAIC or another appropriate enti- terest in any insurer, insurance producer, or The Board shall issue and enforce an ethical ty, as determined by the Association, as a other entity in the insurance industry, other conduct code to address permissible and pro- central clearinghouse, for use by the Asso- than direct or indirect ownership of, or bene- hibited activities of Board members and As- ciation and the States (including State in- ficial interest in, an insurance policy or an- sociation officers, employees, agents, or con- surance regulators), through which members nuity contract written or sold by an insurer. sultants. The code shall, at a minimum, in- of the Association may disclose their intent ‘‘(D) SERVICE THROUGH TERM.—If a Board clude provisions that prohibit any Board to operate in 1 or more States and pay the li- member appointed under paragraph (1)(A) member or Association officer, employee, censing fees to the appropriate States; and ceases to be a State insurance commissioner agent or consultant from— ‘‘(4) establish a database, or utilize the during the term of the Board member, the ‘‘(1) engaging in unethical conduct in the NAIC or another appropriate entity, as de- Board member shall cease to be a Board course of performing Association duties; termined by the Association, as a database, member. ‘‘(2) participating in the making or influ- for use by the Association and the States (in- ‘‘(3) PRIVATE SECTOR REPRESENTATIVES.—In encing the making of any Association deci- cluding State insurance regulators) for the making any appointment pursuant to sub- sion, the outcome of which the Board mem- collection of regulatory information con- paragraph (B) or (C) of paragraph (1), the ber, officer, employee, agent, or consultant cerning the activities of insurance producers. President may seek recommendations for knows or had reason to know would have a ‘‘(k) EFFECTIVE DATE.—The provisions of candidates from groups representing the cat- reasonably foreseeable material financial ef- this section shall take effect on the later egory of individuals described, which shall fect, distinguishable from its effect on the of— not be binding on the President. public generally, on the person or a member ‘‘(1) the expiration of the 2-year period be- ‘‘(4) STATE INSURANCE COMMISSIONER DE- of the immediate family of the person; ginning on the date of enactment of the Na- FINED.—For purposes of this subsection, the ‘‘(3) accepting any gift from any person or tional Association of Registered Agents and term ‘State insurance commissioner’ means entity other than the Association that is Brokers Reform Act of 2014; and a person who serves in the position in State given because of the position held by the per- ‘‘(2) the date of incorporation of the Asso- government, or on the board, commission, or son in the Association; ciation. other body that is the primary insurance ‘‘(4) making political contributions to any ‘‘SEC. 324. BOARD OF DIRECTORS. regulatory authority for the State. person or entity on behalf of the Association; ‘‘(a) ESTABLISHMENT.—There is established ‘‘(d) TERMS.— and a board of directors of the Association, ‘‘(1) IN GENERAL.—Except as provided under ‘‘(5) lobbying or paying a person to lobby which shall have authority to govern and su- paragraph (2), the term of service for each on behalf of the Association. pervise all activities of the Association. Board member shall be 2 years. ‘‘(i) COMPENSATION.—

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‘‘(1) IN GENERAL.—Except as provided in ‘‘(1) establish and collect such membership ‘‘(b) REMOVAL OF BOARD MEMBER.—The paragraph (2), no Board member may receive fees as the Association finds necessary to im- President may remove a Board member only any compensation from the Association or pose to cover the costs of its operations; for neglect of duty or malfeasance in office. any other person or entity on account of ‘‘(2) adopt, amend, and repeal bylaws, pro- ‘‘(c) SUSPENSION OF BYLAWS AND STAND- Board membership. cedures, or standards governing the conduct ARDS AND PROHIBITION OF ACTIONS.—Fol- ‘‘(2) TRAVEL EXPENSES AND PER DIEM.— of Association business and performance of lowing notice to the Board, the President, or Board members may be reimbursed only by its duties; a person designated by the President for the Association for travel expenses, includ- ‘‘(3) establish procedures for providing no- such purpose, may suspend the effectiveness ing per diem in lieu of subsistence, at rates tice and opportunity for comment pursuant of any bylaw or standard, or prohibit any ac- consistent with rates authorized for employ- to section 325(a); tion, of the Association that the President or ees of Federal agencies under subchapter I of ‘‘(4) enter into and perform such agree- the designee determines is contrary to the chapter 57 of title 5, United States Code, ments as necessary to carry out the duties of purposes of this subtitle. while away from home or regular places of the Association; business in performance of services for the ‘‘(5) hire employees, professionals, or spe- ‘‘SEC. 330. RELATIONSHIP TO STATE LAW. Association. cialists, and elect or appoint officers, and to ‘‘(a) PREEMPTION OF STATE LAWS.—State ‘‘SEC. 325. BYLAWS, STANDARDS, AND DISCIPLI- fix their compensation, define their duties laws, regulations, provisions, or other ac- NARY ACTIONS. and give them appropriate authority to tions purporting to regulate insurance pro- ‘‘(a) ADOPTION AND AMENDMENT OF BYLAWS carry out the purposes of this subtitle, and ducers shall be preempted to the extent pro- AND STANDARDS.— determine their qualification; vided in subsection (b). ‘‘(1) PROCEDURES.—The Association shall ‘‘(6) establish personnel policies of the As- ‘‘(b) PROHIBITED ACTIONS.— adopt procedures for the adoption of bylaws sociation and programs relating to, among ‘‘(1) IN GENERAL.—No State shall— and standards that are similar to procedures other things, conflicts of interest, rates of ‘‘(A) impede the activities of, take any ac- under subchapter II of chapter 5 of title 5, compensation, where applicable, and quali- tion against, or apply any provision of law or United States Code (commonly known as the fications of personnel; regulation arbitrarily or discriminatorily to, ‘Administrative Procedure Act’). ‘‘(7) borrow money; and any insurance producer because that insur- ‘‘(2) COPY REQUIRED TO BE FILED.—The ‘‘(8) secure funding for such amounts as the ance producer or any affiliate plans to be- Board shall submit to the President, through Association determines to be necessary and come, has applied to become, or is a member the Department of the Treasury, and the appropriate to organize and begin operations of the Association; States (including State insurance regu- of the Association, which shall be treated as ‘‘(B) impose any requirement upon a mem- lators), and shall publish on the website of loans to be repaid by the Association with ber of the Association that it pay fees dif- the Association, all proposed bylaws and interest at market rate. ferent from those required to be paid to that standards of the Association, or any pro- ‘‘SEC. 327. REPORT BY THE ASSOCIATION. State were it not a member of the Associa- posed amendment to the bylaws or standards ‘‘(a) IN GENERAL.—As soon as practicable tion; or of the Association, accompanied by a concise after the close of each fiscal year, the Asso- ‘‘(C) impose any continuing education re- general statement of the basis and purpose of ciation shall submit to the President, quirements on any nonresident insurance such proposal. through the Department of the Treasury, producer that is a member of the Associa- ‘‘(3) EFFECTIVE DATE.—Any proposed bylaw and the States (including State insurance tion. or standard of the Association, and any pro- regulators), and shall publish on the website ‘‘(2) STATES OTHER THAN A HOME STATE.—No posed amendment to the bylaws or standards of the Association, a written report regard- State, other than the home State of a mem- of the Association, shall take effect, after ing the conduct of its business, and the exer- ber of the Association, shall— notice under paragraph (2) and opportunity cise of the other rights and powers granted ‘‘(A) impose any licensing, personal or cor- for public comment, on such date as the As- by this subtitle, during such fiscal year. porate qualifications, education, training, sociation may designate, unless suspended ‘‘(b) FINANCIAL STATEMENTS.—Each report experience, residency, continuing education, under section 329(c). submitted under subsection (a) with respect or bonding requirement upon a member of to any fiscal year shall include audited fi- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in the Association that is different from the nancial statements setting forth the finan- this section shall be construed to subject the criteria for membership in the Association cial position of the Association at the end of Board or the Association to the require- or renewal of such membership; such fiscal year and the results of its oper- ments of subchapter II of chapter 5 of title 5, ‘‘(B) impose any requirement upon a mem- ations (including the source and application United States Code (commonly known as the ber of the Association that it be licensed, of its funds) for such fiscal year. ‘Administrative Procedure Act’). registered, or otherwise qualified to do busi- ‘‘(b) DISCIPLINARY ACTION BY THE ASSOCIA- ‘‘SEC. 328. LIABILITY OF THE ASSOCIATION AND ness or remain in good standing in the State, THE BOARD MEMBERS, OFFICERS, TION.— AND EMPLOYEES OF THE ASSOCIA- including any requirement that the insur- PECIFICATION OF CHARGES ‘‘(1) S .—In any TION. ance producer register as a foreign company proceeding to determine whether member- ‘‘(a) IN GENERAL.—The Association shall with the secretary of state or equivalent ship shall be denied, suspended, revoked, or not be deemed to be an insurer or insurance State official; not renewed, or to determine whether a producer within the meaning of any State ‘‘(C) require that a member of the Associa- member of the Association should be placed law, rule, regulation, or order regulating or tion submit to a criminal history record on probation (referred to in this section as a taxing insurers, insurance producers, or check as a condition of doing business in the ‘disciplinary action’) or whether to assess other entities engaged in the business of in- State; or fines or monetary penalties, the Association surance, including provisions imposing pre- ‘‘(D) impose any licensing, registration, or shall bring specific charges, notify the mem- mium taxes, regulating insurer solvency or appointment requirements upon a member of ber of the charges, give the member an op- financial condition, establishing guaranty the Association, or require a member of the portunity to defend against the charges, and funds and levying assessments, or requiring Association to be authorized to operate as an keep a record. claims settlement practices. insurance producer, in order to sell, solicit, ‘‘(2) SUPPORTING STATEMENT.—A deter- ‘‘(b) LIABILITY OF BOARD MEMBERS, OFFI- or negotiate insurance for commercial prop- mination to take disciplinary action shall be CERS, AND EMPLOYEES.—No Board member, erty and casualty risks to an insured with supported by a statement setting forth— officer, or employee of the Association shall risks located in more than one State, if the ‘‘(A) any act or practice in which the mem- be personally liable to any person for any ac- member is licensed or otherwise authorized ber has been found to have been engaged; tion taken or omitted in good faith in any to operate in the State where the insured ‘‘(B) the specific provision of this subtitle matter within the scope of their responsibil- maintains its principal place of business and or standard of the Association that any such ities in connection with the Association. the contract of insurance insures risks lo- act or practice is deemed to violate; and ‘‘SEC. 329. PRESIDENTIAL OVERSIGHT. cated in that State. ‘‘(C) the sanction imposed and the reason ‘‘(a) REMOVAL OF BOARD.—If the President ‘‘(3) PRESERVATION OF STATE DISCIPLINARY for the sanction. determines that the Association is acting in AUTHORITY.—Nothing in this section may be ‘‘(3) INELIGIBILITY OF PRIVATE SECTOR REP- a manner contrary to the interests of the construed to prohibit a State from inves- RESENTATIVES.—Board members appointed public or the purposes of this subtitle or has tigating and taking appropriate disciplinary pursuant to section 324(c)(3) may not— failed to perform its duties under this sub- action, including suspension or revocation of ‘‘(A) participate in any disciplinary action title, the President may remove the entire authority of an insurance producer to do or be counted toward establishing a quorum existing Board for the remainder of the term business in a State, in accordance with State during a disciplinary action; and to which the Board members were appointed law and that is not inconsistent with the ‘‘(B) have access to confidential informa- and appoint, in accordance with section 324 provisions of this section, against a member tion concerning any disciplinary action. and with the advice and consent of the Sen- of the Association as a result of a complaint ‘‘SEC. 326. POWERS. ate, in accordance with the procedures estab- or for any alleged activity, regardless of ‘‘In addition to all the powers conferred lished under Senate Resolution 116 of the whether the activity occurred before or after upon a nonprofit corporation by the District 112th ongress, new Board members to fill the the insurance producer commenced doing of Columbia Nonprofit Corporation Act, the vacancies on the Board for the remainder of business in the State pursuant to Associa- Association shall have the power to— the terms. tion membership.

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‘‘SEC. 331. COORDINATION WITH FINANCIAL IN- ‘‘(B) LAWS APPLICABLE IN THE DISTRICT OF (3) such that paragraph (1) shall apply sole- DUSTRY REGULATORY AUTHORITY. COLUMBIA.—A law of the United States appli- ly to changes to rules and regulations, or ‘‘The Association shall coordinate with the cable only to or within the District of Co- proposed rules and regulations, that are lim- Financial Industry Regulatory Authority in lumbia shall be treated as a State law rather ited to and directly a consequence of such order to ease any administrative burdens than a law of the United States.’’. amendments. that fall on members of the Association that (b) TECHNICAL AMENDMENT.—The table of The SPEAKER pro tempore. The gen- are subject to regulation by the Financial contents for the Gramm-Leach-Bliley Act is tleman from Texas (Mr. HENSARLING), Industry Regulatory Authority, consistent amended by striking the items relating to with the requirements of this subtitle and subtitle C of title III and inserting the fol- and the gentlewoman from California the Federal securities laws. lowing new items: (Ms. WATERS) each will control 30 min- ‘‘SEC. 332. RIGHT OF ACTION. ‘‘Subtitle C—National Association of utes. ‘‘(a) RIGHT OF ACTION.—Any person ag- Registered Agents and Brokers The Chair recognizes the gentleman grieved by a decision or action of the Asso- ‘‘Sec. 321. National Association of Reg- from Texas. ciation may, after reasonably exhausting istered Agents and Brokers. GENERAL LEAVE available avenues for resolution within the ‘‘Sec. 322. Purpose. Mr. HENSARLING. Mr. Speaker, I Association, commence a civil action in an ‘‘Sec. 323. Membership. ask unanimous consent that all Mem- appropriate United States district court, and ‘‘Sec. 324. Board of directors. obtain all appropriate relief. bers have 5 legislative days within ‘‘Sec. 325. Bylaws, standards, and discipli- which to revise and extend their re- ‘‘(b) ASSOCIATION INTERPRETATIONS.—In nary actions. any action under subsection (a), the court ‘‘Sec. 326. Powers. marks and include extraneous material shall give appropriate weight to the interpre- ‘‘Sec. 327. Report by the Association. in the RECORD on S. 2244, currently tation of the Association of its bylaws and ‘‘Sec. 328. Liability of the Association and under consideration. standards and this subtitle. the Board members, officers, The SPEAKER pro tempore. Is there ‘‘SEC. 333. FEDERAL FUNDING PROHIBITED. and employees of the Associa- objection to the request of the gen- ‘‘The Association may not receive, accept, tion. tleman from Texas? or borrow any amounts from the Federal ‘‘Sec. 329. Presidential oversight. Government to pay for, or reimburse, the As- There was no objection. ‘‘Sec. 330. Relationship to State law. Mr. HENSARLING. Mr. Speaker, I sociation for, the costs of establishing or op- ‘‘Sec. 331. Coordination with financial indus- erating the Association. try regulatory authority. yield myself such time as I may con- ‘‘SEC. 334. DEFINITIONS. ‘‘Sec. 332. Right of action. sume. ‘‘For purposes of this subtitle, the fol- ‘‘Sec. 333. Federal funding prohibited. We have an incredible opportunity lowing definitions shall apply: ‘‘Sec. 334. Definitions.’’. before us in the House today, and that ‘‘(1) BUSINESS ENTITY.—The term ‘business TITLE III—BUSINESS RISK MITIGATION is to move significant bipartisan legis- entity’ means a corporation, association, AND PRICE STABILIZATION lation that can accomplish a number of partnership, limited liability company, lim- SEC. 301. SHORT TITLE. purposes and that will bring greater ited liability partnership, or other legal enti- This title may be cited as the ‘‘Business stability and certainty to the construc- ty. Risk Mitigation and Price Stabilization Act tion markets, to our insurance compa- ‘‘(2) DEPOSITORY INSTITUTION.—The term ‘depository institution’ has the meaning as of 2014’’. nies in dealing with the Terrorism Risk in section 3 of the Federal Deposit Insurance SEC. 302. MARGIN REQUIREMENTS. Insurance Act. We can also bring great- Act (12 U.S.C. 1813). (a) COMMODITY EXCHANGE ACT AMEND- er certainty and stability to our small ‘‘(3) HOME STATE.—The term ‘home State’ MENT.—Section 4s(e) of the Commodity Ex- factories, to our farmers, and to our means the State in which the insurance pro- change Act (7 U.S.C. 6s(e)), as added by sec- ranchers—those who are still suffering ducer maintains its principal place of resi- tion 731 of the Dodd-Frank Wall Street Re- in this economy. We can bring them form and Consumer Protection Act, is dence or business and is licensed to act as an certainty and stability by taking care insurance producer. amended by adding at the end the following of an unintended consequence of the ‘‘(4) INSURANCE.—The term ‘insurance’ new paragraph: means any product, other than title insur- ‘‘(4) APPLICABILITY WITH RESPECT TO Dodd-Frank Act, something called the ance or bail bonds, defined or regulated as COUNTERPARTIES.—The requirements of para- ‘‘end user exception’’ in the derivative insurance by the appropriate State insurance graphs (2)(A)(ii) and (2)(B)(ii), including the title, which may just be, as inter- regulatory authority. initial and variation margin requirements preted, one of the most damaging regu- ‘‘(5) INSURANCE PRODUCER.—The term ‘in- imposed by rules adopted pursuant to para- lations that many in this body, per- surance producer’ means any insurance graphs (2)(A)(ii) and (2)(B)(ii), shall not apply haps, have not heard of. to a swap in which a counterparty qualifies agent or broker, excess or surplus lines Again, Mr. Speaker, this is legisla- broker or agent, insurance consultant, lim- for an exception under section 2(h)(7)(A), or ited insurance representative, and any other an exemption issued under section 4(c)(1) tion that has been worked on in a bi- individual or entity that sells, solicits, or ne- from the requirements of section 2(h)(1)(A) partisan manner, sometimes a little gotiates policies of insurance or offers ad- for cooperative entities as defined in such contentiously, but we have ended up in vice, counsel, opinions or services related to exemption, or satisfies the criteria in section a place where, I believe, both Repub- insurance. 2(h)(7)(D).’’. licans and Democrats in the House and ‘‘(6) INSURER.—The term ‘insurer’ has the (b) SECURITIES EXCHANGE ACT AMEND- Senate should be able to come to- meaning as in section 313(e)(2)(B) of title 31, MENT.—Section 15F(e) of the Securities Ex- gether. United States Code. change Act of 1934 (15 U.S.C. 78o–10(e)), as added by section 764(a) of the Dodd-Frank I think it is important to remember, ‘‘(7) PRINCIPAL PLACE OF BUSINESS.—The Mr. Speaker, that, particularly as we term ‘principal place of business’ means the Wall Street Reform and Consumer Protec- State in which an insurance producer main- tion Act, is amended by adding at the end go into the holiday season—as we go tains the headquarters of the insurance pro- the following new paragraph: into Christmas—how many working ducer and, in the case of a business entity, ‘‘(4) APPLICABILITY WITH RESPECT TO men and women are still lying awake where high-level officers of the entity direct, COUNTERPARTIES.—The requirements of para- at night, wondering how they are going control, and coordinate the business activi- graphs (2)(A)(ii) and (2)(B)(ii) shall not apply to be able to fund Christmas for their ties of the business entity. to a security-based swap in which a children at this time. Although we ‘‘(8) PRINCIPAL PLACE OF RESIDENCE.—The counterparty qualifies for an exception under section 3C(g)(1) or satisfies the criteria have seen some modest improvements term ‘principal place of residence’ means the in this economy, there are still over 9 State in which an insurance producer resides in section 3C(g)(4).’’. for the greatest number of days during a cal- SEC. 303. IMPLEMENTATION. million of our fellow countrymen who endar year. The amendments made by this title to the are unemployed. Of the number of un- ‘‘(9) STATE.—The term ‘State’ includes any Commodity Exchange Act shall be imple- deremployed—those who wish to have State, the District of Columbia, any terri- mented— full-time work but who cannot find it— tory of the United States, and Puerto Rico, (1) without regard to— it is almost twice the number, at 18 Guam, American Samoa, the Trust Territory (A) chapter 35 of title 44, United States million. We have 46 million of our fel- of the Pacific Islands, the Virgin Islands, and Code; and low countrymen still on food stamps the Northern Mariana Islands. (B) the notice and comment provisions of and 45 million at the poverty rate. ‘‘(10) STATE LAW.— section 553 of title 5, United States Code; ‘‘(A) IN GENERAL.—The term ‘State law’ in- (2) through the promulgation of an interim One of the most important things we cludes all laws, decisions, rules, regulations, final rule, pursuant to which public com- can do here, Mr. Speaker, is to be able or other State action having the effect of ment will be sought before a final rule is to make a positive contribution for fi- law, of any State. issued; and nancial stability on our household

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.025 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8983 economies, to give greater economic We have an opportunity to do some- rebuild these huge venues—these im- opportunity, particularly at this time, thing very positive. Now, all of a sud- portant places in our lives—in the case and that is one of the aspects of S. 2244. den, some across the aisle have said: of a terrorism attack. We have had a debate about the Ter- We can’t do this. We believe this is un- When Mr. HENSARLING finally decided rorism Risk Insurance Act in this related to TRIA. that he would negotiate, he ended up in body. I was authorized on behalf of the Why did the United States Senate, negotiations with Mr. SCHUMER. Mr. House to negotiate this particular part Mr. Speaker, put in a provision that SCHUMER and the Democrats basically of this bill, along with Senator SCHU- makes a radical change in the require- conceded and gave in on a lot of things. MER, the gentleman from New York, on ments to serve on the Board of Gov- We supported, originally, the Senate the Senate side. Over the course of sev- ernors of the Federal Reserve? What bill. We thought the Senate bill was a eral weeks and several meetings, we did that have to do with TRIA? The fine bill that reauthorized terrorism have negotiated language on this. Cer- Senate put that in. NARAB, the Na- risk for 7 years; and, of course, it had tainly, it doesn’t give everything the tional Association of Registered in it the backstop after $100 million House wants, and it doesn’t give every- Agents and Brokers—the Senate put was spent by the industry, and it basi- thing the Senate wants. Such is the na- that in. Two-thirds of this bill is about cally did everything that we wanted it ture of negotiations in a free society NARAB. The Senate put it in. to have done just as it had started out with divided government. For those Mr. Speaker, I am not debating the to do. who care passionately about the reau- underlying policy issues, but it is, at Mr. HENSARLING came along, and he thorization, this is a long-term reau- best, a little bit disconcerting, if not decided that he wanted to reduce the thorization bill, which most Members disingenuous, to say, my Lord, the time of the reauthorization. I don’t have asked for. It is a 6-year reauthor- House shouldn’t put in an unrelated know what he started out with, but we ization. provision when the Senate just did it ended up with 6 years instead of 7 For those who care about taxpayer twice. years. We gave in. protections, as I do, there were im- Then we heard the Senate will not I remember that he wanted bifurca- provements for taxpayer protection. open up Dodd-Frank. What is the Col- tion in the bill. He wanted to distin- The trigger level has been doubled be- lins amendment? The Collins amend- guish between what kind of terrorist fore TRIA kicks in, meaning there is ment was sent over by the Senate, not attack, how much it was worth, and greater coverage by the insurance com- as part of this legislation. They opened whether some of it was worse than oth- panies, a little less for the taxpayers. up Dodd-Frank. Then again, to quote ers. He talked about bifurcating in As for an artificial ceiling on what the the ranking member, this is a ‘‘clari- ways that you would distinguish be- industry will contribute, that artificial fication.’’ tween radiological, biological, chem- ceiling now ceases to be in S. 2244. For We have an opportunity to pass a bi- ical, and others. We negotiated and ne- the first time, taxpayers will actually partisan bill not only to bring some gotiated, and, finally, we got that out get some modest rate of return should stability and certainty to our insur- of Mr. HENSARLING’s mind about bifur- they be called upon under TRIA to ance markets and to our builders, but cation. to farmers and ranchers and small backstop. These are important im- b 1530 provements, and I think conservative businesses and hurting families at this and liberal and Republican and Demo- holiday season. Without any further Then the gentleman from Texas (Mr. crat, hopefully, will see something wor- delay, we should enact S. 2244, as HENSARLING) said that we needed to re- thy here. amended. duce our backstop. And instead of I will point out it is disconcerting—it I reserve the balance of my time. backstopping after $100 million, first he is disturbing—that those who have Ms. WATERS. Mr. Speaker, I yield talked about $500 million, secondly he backed so many other provisions in myself such time as I may consume. talked about $250 million, and finally this bill now want to say ‘‘no’’ to being I rise today to shine a light on what we got him down to $200 million. And it able to have a long-term TRIA reau- has happened in the development of the is over a 5-year period of time. So we thorization passed. This bill before us Terrorism Risk Insurance Program Re- said, okay. We negotiated in good includes this end user exemption, authorization Act. I rise today to talk faith. We will go along with the which is so important. This isn’t for about the fact that the chairman of our changes. We are willing to concede that Wall Street. This is for Main Street. It committee, of the Financial Services you have some different thoughts, and is for a cattle producer in Kansas, Committee, did not want, at one point, that is okay. Let’s come together in a named Tracy Brunner, who said: to reauthorize terrorism risk insurance bipartisan way and support the reau- This mistaken language in Dodd-Frank at all, so he strung out the possibility thorization of terrorism risk insurance. may very well force me out of the market, of negotiations for months. I was informed later on that my subjecting me to even greater risk. My oper- He had decided that he was not going chairman came back to the table with ation is family run. We are not responsible to reauthorize terrorism insurance, and any number of things that had nothing for the failures that led to the passage of he will tell you that he offered to nego- to do with terrorism risk insurance but Dodd-Frank. tiate with me. The only thing that I had more to do with Dodd-Frank be- Yet his family-owned farm in Kan- ever remember about a conversation cause, unfortunately, my chairman and sas—1,500 miles away from Wall that we had was that my chairman too many Members on the opposite side Street—suffers. said: I will only negotiate this once— of the aisle are intent on dismantling Even the ranking member has ac- starting out in bad faith. Dodd-Frank in any and every way that knowledged that there have been some Time went on, and at some point in they possibly can. unintended consequences to Dodd- time, somebody convinced him that to And finally, in those negotiations— Frank. Recently, she was one of 412 reauthorize the Terrorism Risk Insur- the way it has been explained to me— Members of this House to vote in favor ance Program was an honorable thing they agreed that they would allow him of the end user exception, which she, to do, that it was an American thing to to add just one aspect of the Dodd- herself, called a ‘‘clarification’’—not do, that it was an important thing to Frank bill that had passed this House, an amendment, not a change, but a do. This program had been passed and to talk about how agriculture and clarification. signed on by the President of the some other industries could lock in Mr. Speaker, even Mr. Dodd and Mr. United States after 9/11. some prices so that they could look Frank of Dodd-Frank, over 4 years ago The insurance companies, which in- forward to what a price would be on in colloquy on the House floor and on sure risk, basically said they cannot those commodities, et cetera, that they the Senate floor, said that these provi- model terrorism acts. After 9/11, it was would have to purchase. sions were never meant to harm Main decided that we would mandate that This had nothing to do with ter- Street America; never meant to apply they insure but that we would provide rorism insurance. So I am not saying to end users; never meant to apply to a backstop, that we would provide a to the Members that you shouldn’t the farmers, the ranchers, and the backstop to ensure that we could re- vote for this bill. What I am pointing small factory workers. build our communities, that we could out is that this is just another attempt

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.052 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8984 CONGRESSIONAL RECORD — HOUSE December 10, 2014 for the chairman to indicate in every on the American people, small busi- (Mrs. CAROLYN B. MALONEY of way that he possibly can and take ad- nesses, and substantial businesses as New York asked and was given permis- vantage of any opportunity that pre- well. As I have said in the past, it is sion to revise and extend her remarks.) sents itself to get a little something in very important that we reauthorize the Mrs. CAROLYN B. MALONEY of New about Dodd-Frank. TRIA program, and the chairman in- York. I thank the ranking member for What I worry about is not so much corporated diverse opinions, including her leadership and for yielding and for what he has put into TRIA; I worry those from across the aisle. her hard work on this important bill. about what is going into the omnibus I also want to commend our col- Mr. Speaker, I rise in support of S. bill. I worry about the fact that, in ad- leagues from New York, Congressman 2244, which is critically important to dition to this, there is an attempt—if it GRIMM and Congressman KING, for the the economy and national security of has not already been done—to place important work that they did to bring the city I am privileged to represent, into the omnibus bill a repeal of part of this about today. New York, and to our Nation at large. Dodd-Frank that would prevent the As amended, the bill will ensure that After the terrible attacks on 9/11, in- biggest banks in America from taking terrorism risk protection is available surers realized that they could not ac- advantage of our consumers by using for the next 6 years, while lessening curately model for terrorism risk—it their hard-earned money to do risky the taxpayer burden. was simply too unpredictable, and the derivatives trading, which should be Since September 11, the TRIA pro- market for terrorism insurance com- pushed out into their subsidiaries and gram has provided an important Fed- pletely dried up. No one could get in- not have the FDIC in any way protect eral backstop for businesses that must sured. Businesses stopped. The only them in doing this. insure against the devastation of a fu- place we could get insured was Lloyd’s So what I say is this. We should know ture attack. of London, and we lost thousands of Congressman HENSARLING has worked and we should understand exactly how jobs and our economy came to a stand- with our friends across the aisle to the process works. We should know and still. make commonsense changes to this understand what is being done and why In response, Congress came together, program while ensuring that both busi- it is being done. If, in fact, there is so united and determined, and, in a bipar- nesses and taxpayers are not exposed much care and concern about TRIA re- tisan way, passed the Terrorism Risk to the risk of future terrorism attacks. Insurance Act, or TRIA, which provides authorization, we should have a clean In addition, as amended, this bill will a government backstop for terrorism bill with nothing else in it. If we want make some very important technical insurance. to debate Dodd-Frank—what we don’t changes to the Dodd-Frank Act by pro- The goal of TRIA was to make ter- like about it, what we like about it— tecting manufacturers, ranchers, and rorism insurance affordable and avail- let’s do it straight up. Let’s not slip it small businesses that need to hedge able, and that is exactly what it has in at the eleventh hour at a time when against business risk. our backs are up against the wall, at a While this legislation will become done. This has come at no cost whatso- time when we are closing down this law—and I expect a substantial number ever to the American taxpayer. session. And that is what I am opposed of my Democratic colleagues to cross This bill represents a true bipartisan to. the aisle and vote with almost all of compromise, and I commend the gen- Mr. Speaker, I reserve the balance of the House Republicans and the Demo- tlemen from Texas, Chairmen HEN- my time. crat Senate to pass this, and a Demo- SARLING and NEUGEBAUER, for working Mr. HENSARLING. Mr. Speaker, I crat President to sign this—I urge my with my colleagues, Senator SCHUMER yield myself 20 seconds to thank the other colleagues on the other side of and Ranking Member WATERS, to reach ranking member for her fascinating, the aisle to come on over. It is a good a deal on TRIA. elongated narrative that proves just reform, a necessary reform, and it is Initially, the House TRIA bill raised how reasonable House Republicans going to be a fantastic strong vote that the trigger for the government back- were in this negotiation. we are going to have in the House of stop by a whopping 500 percent, from I have to correct her yet again, Representatives to do the right thing, $100 million to $500 million. This would though, and say that I have never said both for the taxpayer, the American have forced many small- and medium- publicly or privately that we should people, and small businesses, while at sized insurers out of the market en- allow the Federal backstop of ter- the same time protecting against the tirely and would have actually de- rorism to lapse. She is entitled to her devastation of a future attack. creased the amount of terrorism insur- own opinions. She is not entitled to her I thank the chairman and I also ance available in our country. own facts. thank subcommittee chair, Mr. NEUGE- Fortunately, this compromise bill The SPEAKER pro tempore (Mr. BAUER, for their work on this very im- only raises the trigger for the govern- TERRY). The time of the gentleman has portant program. It has been a long ment backstop from $100 million to $200 expired. process, but it shows that the Finan- million. This modest increase will en- Mr. HENSARLING. I yield myself an cial Services Committee can get the sure that small- and medium-sized in- additional 10 seconds. deal done. surers are not forced out of the mar- And previously she has said that she Ms. WATERS. Mr. Speaker, I yield ket, while also protecting taxpayers. I has been in favor of this provision. She myself 1 minute to correct the gen- fully and completely support this com- has been in favor of the end user ex- tleman from North Carolina (Mr. promise. emption and has said the bill would MCHENRY) who is inviting us to come Importantly, however, the com- clarify the intent of the Wall Street on over. promise does not include the so-called Reform Act. I urge the committee to We have been inviting them, from ‘‘bifurcation’’ proposal, which would adopt the bill. day one, to come up with a terrorism have treated nuclear, biological, chem- So she was for it before she was risk insurance bill reauthorization. So ical, and radiological attacks dif- against it. But whether it be Biggert- we have been inviting them to come on ferently from the so-called ‘‘conven- Waters, whether it be Export-Import, over. We have had Members on the op- tional’’ terrorism attacks. This made whether it be end user, she has changed posite side of the aisle who have been no sense whatsoever, and this com- her mind frequently. pleading with them to come over. We promise sensibly drops the proposal en- I now yield 2 minutes to the gen- have always had 100 percent support on tirely. tleman from North Carolina (Mr. the Democratic side for the reauthor- Finally, I am pleased that this bill MCHENRY), the chief deputy majority ization of terrorism risk insurance, and reauthorizes TRIA for a full 6 years. whip. the Republicans have basically held us This will provide much-needed cer- Mr. MCHENRY. Mr. Speaker, I first up and only negotiated at the last tainty to businesses across our country want to commend Chairman HEN- minute. Don’t invite us to come over. as they expand and create jobs. SARLING for bringing this bipartisan They can come on over with us. This compromise will ensure that agreement and construct to the House I yield 3 minutes to the gentlewoman terrorism insurance remains widely af- floor. It extends a very important Fed- from New York (Mrs. CAROLYN B. fordable and available. This has always eral backstop against the risk of terror MALONEY). been the underlying purpose of TRIA,

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.054 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8985 and I believe that this bill accom- loss up to about 20 percent of their Mr. Speaker, I am sure, as those who plishes that goal. annualized premium for the previous are watching this on C–SPAN across I would like to commend the gentle- year. Today, on an industry-wide basis, the Nation, we can comfortably say men from Texas, Chairman HEN- that is about $40 billion. So if you have that what we have in motion on the SARLING and Chairman NEUGEBAUER, got a $200 million trigger, you have got floor of the House of Representatives is for recognizing that a long-term reau- a $40 billion cushion between the tax- something that Alexander Hamilton thorization of TRIA is incredibly im- payers and a potential loss. leaned over and said to Thomas Jeffer- portant for our economy. I thank my The other thing that we did in this son: ‘‘My friend, what we have here is good friend from New York, PETER bill is we said when we get to the point an old-fashioned, good old com- KING. He has been a tireless advocate where after the deductible the tax- promise.’’ for TRIA, and without his hard work payers start sharing that loss, then the Compromise, a word that has been on this bill, we wouldn’t be voting on taxpayers’ portion moves from 85 per- out of our lexicon for so long that the this compromise today. And I thank cent to 80 percent. So that is another American people are looking for us to the gentlewoman from California, cushion. put it back in. Well, that is what we Ranking Member WATERS, for working I think one of the things that we have on this floor. It is a compromise. with me on this bill. want to let the folks know also is that Mr. Speaker, I want to thank the I would like to particularly thank an additional protection that was built ranking member because of her tenac- my colleague from New York, Senator into this bill was the amount of money ity and her leadership because in his SCHUMER, for his excellent work in ne- that the taxpayers could recover if, in vision on the other side, the distin- gotiating this compromise. fact, they had to put additional money guished Chairman HENSARLING, who is I urge my colleagues to support this into the TRIA program. So now we a very good friend, in his own way bill because it is the right thing to do have increased that amount substan- sought for a $500 million trigger. for America. tially. We on our side felt that we wanted to Mr. HENSARLING. Mr. Speaker, I hold to the $100 trigger which is when b 1545 thank the gentlelady from New York, the actual Federal assistance would go the ranking member of the Capital I am feeling good that we are moving into action, and we knew that that was Markets Subcommittee, for her sup- in the right direction, but ultimately, further. I commend the ranking mem- port. what we need to do is get the taxpayers ber and I certainly commend Mr. HEN- I yield 3 minutes to the gentleman out of the insurance business. When SARLING for agreeing and recognizing from Texas (Mr. NEUGEBAUER), the you look across the board where the that we would come to the 200 level. chairman of the Financial Services taxpayers are having to underwrite in- I also want to thank Mr. HENSARLING Housing and Insurance Subcommittee, surance-type losses, whether it be flood for including in this NARAB, that is the champion and author of the House insurance or mortgage insurance, quite such an important measure, and many TRIA bill, and the author of the honestly, the government doesn’t do people may not realize this, but we amendment here. I thank him for his well at pricing those. have worked on NARAB for 10 years in work. There are some good things in this the Financial Services Committee. It Mr. NEUGEBAUER. I thank the bill besides the TRIA reform in that we has been a major part of my whole leg- chairman. have that NARAB II. What is that? islative history in this body every year Mr. Speaker, there has been a lot of Well, that is a good small business bill. working on it. discussion about this bill, and people A lot of people have independent insur- I want to thank you, Chairman HEN- were talking about reforms. And you ance agents in their districts or in SARLING, for listening to us, talking, know what? I think what the American their communities or in their States and agreeing to make this a part of people need to understand is why these that may want to write business in this bill that we have before us. Thank reforms are important to them. The other States. you very much for doing that. reason they are important to them is, To do that today, they have to go The other part, I want to thank both, quite honestly, right now, the tax- pass another license, take another li- and I certainly want to thank our payers in this country are under- cense in that other State. Under ranking member for her wisdom in writing part of the risk for terrorism NARAB II, they would be able to take compromising on the end user. Now, we attacks in this country for the prop- their existing license if they meet the all know of the differences with Dodd- erty owners. requirements in other States and fol- Frank. I tried to have a clear view on What this bill does is it begins to low those laws. They would able to un- this, and it was very important that we bring certainty for the industry, for derwrite that. make this technical change, so that we the insurers, and also certainty for the The SPEAKER pro tempore. The don’t let our ranchers, our farmers, and people who are building the new build- time of the gentleman has expired. our manufacturers—none of which had ings and apartment houses and shop- Mr. HENSARLING. Mr. Speaker, I anything to do with the Wall Street de- ping centers and other types of public yield the gentleman an additional 30 bacle and none of which are financial facilities. It gives them the certainty seconds. institutions—that we will exempt them of what the policy is going to be over Mr. NEUGEBAUER. Mr. Speaker, the from the cumbersome and the over- the next few years. But I think the im- third piece of this legislation that is bearing need to put margins out when portant part is that the taxpayers are important is that we are going to help they are doing swaps and derivatives. an additional cushion that is being put farmers, ranchers, and small businesses Ladies and gentlemen, this is an ex- between them and any potential loss. be able to cover the risks that they cellent bill, it is a good bill, and it is One of the things that has been men- need without taking a lot of their oper- one that we urge to move forward. tioned, we raised the trigger from $100 ating capital, putting that operating Mr. HENSARLING. Mr. Speaker, I million to $200 million. That is an im- capital into a plant, into equipment so yield myself 10 seconds just to say I portant part of that. I think the other they can hire and create more jobs in heard so many kind words from my issue that we have tried to do with this America. These are all issues that have friend from Georgia that maybe I need in order to create this certainty was, had bipartisan support in the past. to go back and reexamine the bill; but, we didn’t change the overall structure Mr. Speaker, I now urge my col- indeed, compromise is not a vice, as of the TRIA program. We have tried to leagues: let’s do something good for the long as you are advancing your prin- keep it within the confines of how it American people, and let’s pass S. 2244, ciples, and both sides can advance their has been operating over the last few as amended. principles in this bill. years, that way, creating the least Ms. WATERS. Mr. Speaker, I yield 3 Mr. Speaker, I now yield 2 minutes to amount of certainty that we could. minutes to the gentleman from Geor- the gentleman from New York (Mr. I think the part that isn’t mentioned gia (Mr. DAVID SCOTT). KING), a valued member of the Finan- a lot of times is the fact that we did Mr. DAVID SCOTT of Georgia. cial Services Committee, a tireless ad- leave in place a deductible, and basi- Thank you very much, Madam Chair- vocate—and occasionally tiring advo- cally the industry has to take the first man. cate—for TRIA reauthorization.

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.055 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8986 CONGRESSIONAL RECORD — HOUSE December 10, 2014 Mr. KING of New York. Mr. Speaker, As I said before, Mr. Speaker, my I hope that when we talk about nego- I thank the gentleman for yielding and chairman held us up for a long time tiations and trying to get together to for his mostly kind words. and would not negotiate. He finally compromise, to work on things that Very seriously Mr. Speaker, I thank came around, but this is typical. He are in the best interests of this coun- the chairman. At the outset, let me mentioned the flood insurance bill. We try, that nobody will play games with thank Chairman HENSARLING; Chair- never could get him to negotiate on us, no one will lead us to the point man NEUGEBAUER; Ranking Member that, and so we had to bypass him to where our backs are up against the WATERS; my good friend, Mrs. MALONEY make sure that we didn’t put our wall at the eleventh hour, but we will from New York; and also Senator SCHU- homeowners at risk. As he mentioned openly debate these issues, we will lis- MER. the Ex-Im bill, he has only supported ten to the pros and cons on these issues As the gentleman from Georgia said, extension of that for a short period of and that we hopefully will come to- this has been a long and winding road, time. gether in the best interests of all of the but we have arrived at a compromise When it comes to helping our citizens citizens. which I believe is worthy of the sup- and the least of them, it seems as if my Mr. Speaker, I reserve the balance of port of all Members of this body, cer- chairmen have problems with providing my time. tainly those of us who strongly support for the average citizen on Main Street, Mr. HENSARLING. I yield myself 10 TRIA. but no problems when we talk about seconds for, Mr. Speaker, those who I have been a supporter of TRIA how we can enhance the ability of the may be listening could be confused, as going back now 12, 13 years because biggest banks in America and others to are those in the Chamber. I am very after 9/11, we realized it was absolutely get richer and richer. I thought it curious whether the ranking member is essential that TRIA be enacted for not would be worthwhile to shed some light opposed or supporting this bill as just New York to be rebuilt, but also so on those comments that he made about amended. I yield to the gentlewoman. that construction be allowed to go for- Ex-Im and about flood and now about Ms. WATERS. Mr. Chairman, as I ward anywhere around the country TRIA. said to you when I first got up, I said where there could be a risk of a ter- We are glad, we are very happy that to you I wanted to shine light on the rorist attack which is why Major he finally saw the light, even if he had bill. League Baseball, the NFL, NASCAR, to insert a little something in it, and Mr. HENSARLING. Does the gentle- and virtually every large university in he came around, and he is now on the woman oppose or support? the country supports TRIA. side of the people. This is about patri- Ms. WATERS. And I have done that. Now, Mr. Speaker, this is a com- otism. This is about American citizens. Mr. HENSARLING. It is obvious the promise, and it is a compromise where This is about protecting our cities and gentlelady refuses to answer the ques- all of us can find some fault with it, our neighborhoods at a time when this tion. but the bottom line is the essence of country has to be sure that it is fo- Ms. WATERS. Before I finish my re- TRIA has been sustained, and as we go cused on the safety and security of our marks on this bill, I will tell you what forward, it is essential, I believe— citizens. my position is. strongly believe—that it be extended. It is no time to dither around with The SPEAKER pro tempore. The Let’s make it clear there has not whether or not we will rebuild neigh- time of the gentleman has expired. been 1 cent of Federal money expended borhoods in these important venues in Mr. HENSARLING. Mr. Speaker, I on TRIA, but during the 13 years it has case of a terrorist attack; so, yes, we now yield 2 minutes to the distin- been in effect, we have had billions of have a compromise. guished gentleman from Oklahoma dollars in construction, jobs, and reve- Mr. Speaker, I am so proud of the (Mr. LUCAS), the chairman of the Agri- nues coming into the Federal Govern- Democratic side of the aisle on this. As culture Committee and a distinguished ment. There is also not one Federal I said, Democrats were fully supportive member of the House Financial Serv- employee involved in administering of the reauthorization of the terrorism ices Committee as well. TRIA. risk insurance program from day one. Mr. LUCAS. Thank you, Mr. Chair- Mr. Speaker, we are where we are, We have never ever wavered. None of us man. and 6 years to have that certitude is have ever tried in any way to reduce Mr. Speaker, I rise today in support absolutely essential. I respect those on the program, to change the trigger, et of S. 2244, a bill to extend the expira- the other side who may have objections cetera, but we did compromise as we tion date of the Terrorism Risk Insur- to added provisions in the bill. I would said. ance Act. Specifically, I support H.R. just say: let us keep our eyes on the Now, let me speak to the end user 634, the Business Risk Mitigation and prize. For those of us who realize how part of this. Yes, I worked with Mr. Price Stabilization Act that is included important TRIA is, we are never going DAVID SCOTT and others because I have as a part of this larger effort. to get all we want. I happen to fully always said that on Dodd-Frank, that Mr. Speaker, H.R. 634 provides crit- support the provision for end users, but we have a responsibility to implement ical regulatory relief to end users, the even if I didn’t, I would still support what is in law, but I always said I market participants, businesses, and this bill because it is so essential. would support technical changes and I job creators that use derivatives to Mr. Speaker, let me just also say in would support ways that we work to- manage the risks they face in their closing that in addition to those I have gether to straighten out things that daily operations. For example, farmers mentioned, let me also acknowledge were not clear in Dodd-Frank. I have who need to hedge against the vola- Congressman GRIMM for the out- never said that I would not be at the tility of crop prices and manufacturers standing work that he has done on this table to deal with these kinds of tech- who need to hedge against the rising from the day he first came to this nical changes, and I was. input costs of fuel use derivatives as a body. When I got up today, I didn’t speak part of their business plans. In closing, I urge all Members, both about being against the bill. I spoke During the consideration of the parties and both Houses, to support about what has happened that led us to Dodd-Frank Act, Congress clearly in- this bill. It is a solid piece of legisla- this point, why we are at the eleventh tended to exempt end users from some tion, and all of us can be proud for vot- hour, and the way that the negotia- of the most costly new regulations, ing for it. tions went on. such as margin requirements. Margin Ms. WATERS. Mr. Speaker, I yield Again, TRIA is important, and it requirements needlessly divert work- myself such time as I may consume. should be reauthorized. I wish it had ing capital away from job-creating pro- Mr. Chairman and Members, a special been a clean bill. It is not, and I hope duction and investment; however, the appreciation to Mr. KING who has that we are not going to have to have CFTC has narrowly interpreted the law worked very, very hard on both sides of attempts to undermine Dodd-Frank in which has negatively impacted end the aisle to try and make sure that we every bill that comes along where my users and their bottom line. did not abandon our citizens in this chairman sees an opportunity to try Mr. Speaker, including the Business country and leave them at risk in case and slide something in at the eleventh Risk Mitigation and Price Stabiliza- of a terrorist attack. hour. tion Act in today’s bill permanently

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.056 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8987 fixes this issue for end users. It ensures Risk Insurance Program continues to became either unavailable or very, that those businesses which have been be a vital component of our economic very expensive and unaffordable. Fur- exempted from clearing requirements growth and national security. I urge thermore, premiums for workers’ com- of their trades are also exempted from my colleagues to support this bill. pensation insurance increased signifi- margining their trades, just as Con- Mr. HENSARLING. Mr. Speaker, I cantly, and real estate and commercial gress always intended. am prepared a yield a small amount of ventures were stalled because of an in- The language in H.R. 634 has passed time to any Democrat Member on the ability to attain the requisite insur- through the Committee on Agriculture floor who intends to vote ‘‘no’’ on S. ance coverage. by a voice vote and then through the 2244, as amended, because I have not Now, 9/11 happened in New York, and House four other times. As a stand- heard one say that yet. so, yes, you see New York and New alone bill, it passed with the support of Mr. Speaker, I have no takers. York City Members here supporting 411 Members. Other times, as part of a I yield 1 minute to the gentleman the bill. But this is not a bill just larger package, it continued to receive from Missouri (Mr. LUETKEMEYER), who about New York. It is about all of overwhelming bipartisan support. The is the incoming chairman of our Hous- America because they did not attack House of Representatives has spoken ing and Insurance Subcommittee. for New York; they attacked New York clearly on this issue: end users should Mr. LUETKEMEYER. Mr. Speaker, I because it was part of America. We not be required to post margin on their thank Chairman HENSARLING and don’t know, and we pray that we don’t transactions. Chairman NEUGEBAUER for their tire- have another attack ever on our home- I thank the chairman for including less work on this important issue, and land again, but it could be someplace the Business Risk Mitigation and Price I tell my colleagues that while TRIA is else. It doesn’t have to be New York. Stabilizations Act in today’s bill. It is an important program, it is also in This is when we should rally around as time to give our farms and our busi- need of reform. This bill that we are Americans, as patriots, to ensure that nesses the relief they need from this considering today does just that in a we continue our economy flowing and costly and damaging rule. I urge a vote responsible way, and I urge support of moving. That is why, even though for TRIA. it. there are things added and certain Let there be no mistake: this bill re- things that people don’t like, we are b 1600 forms the TRIA program. It takes im- trying to figure out how we get this Ms. WATERS. Mr. Speaker, I yield 3 portant steps to protect taxpayer dol- right because it is too important to minutes to the gentlewoman from New lars and ensure that industry has more America to allow TRIA to expire. York (Ms. VELA´ ZQUEZ). skin in the game. Also, I remind my Furthermore, when you examine (Ms. VELA´ ZQUEZ asked and was colleagues that without TRIA, it is en- TRIA, it costs taxpayers virtually given permission to revise and extend tirely possible that taxpayers would be nothing, yet it continues to provide her remarks.) on the hook for the entire bill in the tangible benefits to our overall econ- Ms. VELA´ ZQUEZ. Mr. Speaker, I wake of a terrorist attack. This legisla- omy. TRIA allows for terrorism insur- thank the gentlelady for yielding. tion includes a strong recoupment ance market stability, affordability, Today I call on my colleagues to pass mechanism and a higher threshold for and availability so that those in busi- reauthorization of the Terrorism Risk Federal assistance, building a program ness, et cetera, can know, predict, and Insurance Program, a public-private that has a long-term reauthorization be confident that we will continue to partnership that is vital to continued with greater protections for taxpayers. move on. TRIA is a critical part of the economic development across the coun- The legislation we are considering U.S. economy’s security infrastructure try. today, however, does more than reau- and would ensure a swift recovery in Following the tragic events of 9/11, thorize TRIA. It also contains impor- the event of a significant terrorist at- terrorism became uninsurable. Many tant language to ensure derivative end tack. Now, in New York, I am proud we insurers left the market, and rates sky- users, including farmers, ranchers, have the Freedom Towers up because it rocketed. As a result, thousands of utilities, airlines, and small businesses, also sends a message, is a symbol to small businesses were impacted, caus- can lock in prices, remove volatility those who don’t like us that you can’t ing job losses and hindering the recov- from the marketplace, and keep con- keep us down, that we will get back up ery effort. To address the growing mar- sumer prices stable. on our feet, stronger and better than ket gap, Congress passed the Terrorism Without this fix, those farmers, ever, and that is what makes this coun- Risk Insurance Act, creating a Federal ranchers, and Main Street businesses try the great country that we are going backstop and enticing insurers back. will have to post margin against trades to rally around and work with one an- I can say without a doubt, our efforts they enter into for the sole purpose of were successful. I have witnessed first- other. managing their commercial risk. So this TRIA bill is significantly im- hand how this program has helped New Mr. Speaker, I urge passage and sup- portant, and I ask my colleagues to York City recover and prosper over the port of this bill. vote ‘‘yes’’ on TRIA. past 12 years. TRIA has provided thou- Ms. WATERS. Mr. Speaker, I yield 3 Mr. HENSARLING. Mr. Speaker, I sands of small businesses with the cer- minutes to the gentleman from New yield 1 minute to the gentleman from tainty needed to manage long-term York (Mr. MEEKS). Wisconsin (Mr. DUFFY), the incoming costs, grow reliably, and create new Mr. MEEKS. Mr. Speaker, I would chairman of the Oversight and Inves- jobs. In fact, the program has tripled like to thank the ranking member for tigations Subcommittee. the number of small businesses that her hard work and focus and dedication Mr. DUFFY. Mr. Speaker, first I have terrorism protection since 2002. for getting this done. I know that any want to commend the chairman of the Today, over 60 percent of firms now time you have things added to a bill so Financial Services Committee for his have coverage. it is not a clean bill, it makes it dif- tenacity and hard work to make sure TRIA also ensures rates remain af- ficult. But I thank her and the chair- the American taxpayer is protected, on fordable. Under the program, terrorism man for working together to make this the hook just a little bit less for the coverage averages just 3 to 5 percent of happen because this is a major bill, sig- next terrorism attack that could hap- a small business’ annual insurance pre- nificantly important. pen in our country, and the private sec- mium. As we learned, I think, from the im- tor is on a little bit more. Is today’s bill perfect? No, but it will pact of the 9/11 terrorist attacks, this I am encouraged by this bipartisan restore certainty to the marketplace was substantial. When you look at the bill because it ensures that my con- and prevent a rate spike that could losses, it was about $32.5 billion, or stituents in central, northern, and force two-thirds of small businesses to $42.9 billion in 2013 dollars. It was the western Wisconsin can purchase afford- stop carrying coverage. largest insurance loss in global history able terrorism risk insurance. This 6- Mr. Speaker, the Government Ac- at that time. And prior to 9/11, insur- year reauthorization is a backstop for countability Office has stated that ter- ance companies generally covered all all Americans. This is not just a bill rorism remains an uninsurable risk. In of the costs of terrorist attacks. After for New York, as my friends have men- light of such findings, the Terrorism 9/11, terrorism risk insurance quickly tioned, or Chicago or L.A., but it helps

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.057 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8988 CONGRESSIONAL RECORD — HOUSE December 10, 2014 small town America. If you have a maining. The gentlewoman from Cali- TRIA does not curtail terrorism, but small mall in your community or for fornia has 61⁄2 minutes remaining. this legislation does protect taxpayers, Lambeau Field in Green Bay, Wis- Ms. WATERS. I reserve the balance promotes stable markets, and enhances consin, they can purchase terrorism of my time to close. economic certainty in the face of ter- risk insurance. The reauthorization of Mr. HENSARLING. Mr. Speaker, in rorism. this program is incredibly important. that case, I now yield 2 minutes to the Another important provision in- I want to note one other important gentleman from Illinois (Mr. cluded in this legislation is the bipar- part, and that is the requirement that HULTGREN), a member of the Financial tisan legislation known as the Business we have a community banker as part of Services Committee. Risk Mitigation and Price Stabiliza- the Federal Reserve, making sure that Mr. HULTGREN. Mr. Speaker, I rise tion Act, which the House has passed as the Fed goes in to a larger role with in support of the TRIA amendment to by 411–12. This is a basic but very im- rules and regulations, they have a per- the Senate bill S. 2244 and overall reau- portant clarification to the highly reg- spective and a view that takes into ac- thorization, and I really would like to ulatory Dodd-Frank Act. This reform count small community banks all commend Chairman HENSARLING and will ensure that end users, such as around America that right now are his staff for their hard work through- manufacturers, ranchers, and small being crushed by overburdensome rules out this process. companies, are not subject to the bur- and regulations. TRIA’s reauthorization is not a Wall densome margin and capital surcharge I commend the chairman on the bill. Street or big business issue; I believe it requirements imposed by the Dodd- Ms. WATERS. Mr. Speaker, I reserve is a conservative issue. Illinois and Frank Act. the balance of my time. American jobs and prosperity are at 1615 Mr. HENSARLING. Mr. Speaker, I stake. If TRIA is not authorized, Illi- b yield 2 minutes to the gentleman from nois’ small insurers may be subject to Even the creators of Dodd-Frank Ohio (Mr. STIVERS), a valued member costly rating downgrades or have to have argued in favor of exempting of our committee. exit certain insurance markets alto- these end users from margin require- Mr. STIVERS. Mr. Speaker, I would gether, leaving customers in the lurch. ments. like to thank the chairman for yielding In the event of an attack, potential Without this essential clarification, me this time. I appreciate his work on targets like Soldier Field or Chicago small Main Street businesses will have this very important bill, as well as the skyscrapers would be left without pro- to post additional margins against work of the subcommittee chairman, tection for massive economic losses. trades that they enter into for the sole Mr. NEUGEBAUER, for this 6-year reau- TRIA protects the taxpayers because purpose of managing commercial risk. thorization of the terrorism risk insur- it sets the terms of how our country These transactions do not pose a sys- ance bill. temic risk to our financial systems, This bill protects taxpayers by re- will cover losses before, instead of and they did not cause the 2008 finan- forming the program to reduce poten- after, a terrorist attack. cial crisis. A failure to address this tial taxpayer costs associated with the The Rand Institute has estimated issue will cause serious harm to the terrorism risk reinsurance program. It that it protects our taxpayers by as Main Street economy. builds capacity in the private insur- much as $7 billion. TRIA also ensures Instead of investing and expanding ance market, and it ensures access to the continued viability of long-term their business to create jobs, small terrorism insurance for communities construction projects. One estimate business owners are being forced to di- like mine in Columbus, Ohio, and found that for the first 14 months after rect resources to comply with more southern Ohio, as well as all around the 9/11 attack, $15.5 billion of real es- America. tate projects in 17 States were stalled burdensome and unnecessary regula- The bill provides meaningful reforms or canceled because of continuing scar- tions coming out of Washington. by reducing the government’s share of city of terrorism insurance. So this This is not a controversial issue. This losses over time, by increasing the backstop either costs very little if it is is a bipartisan provision that 181 triggering amount over time, and en- never used, or it saves taxpayers Democrats in Congress have already suring that the Federal recoupment is money if it is. voted for in support. We must not play increased over time. It also provides Each program deserves continuous politics with something as important important transparency on data collec- oversight and periodic review, and as TRIA, and I urge my colleagues to tion that will in the future let us know TRIA is no different. I commend Chair- support this legislation. how much money insurance companies man HENSARLING for his commitment Mr. HENSARLING. Mr. Speaker, I are billing for terrorism coverage and to examine the program. I believe that yield 2 minutes to the gentleman from what the potential exposure is for ter- this reauthorization contains conserv- New York (Mr. GRIMM), who for months rorism losses. Those are all good ative reforms that protect the tax- has played a leading role in bringing things. The other thing that is good is payers from excessive loss and still en- both the TRIA title and the end user it will build capacity in the private sures a functioning terrorism insur- exemption title to S. 2244. marketplace. When we increase the ance market that doesn’t punish busi- Mr. GRIMM. Mr. Speaker, I rise trigger, we build capacity in the pri- nesses—such as Illinois’ small insur- today in strong support of this legisla- vate marketplace. ers—for offering this much-needed ter- tion. But the most important thing is the rorism insurance. The end user provi- But before I begin, I would like to certainty this bill creates. A multiyear sion passed by the Financial Services say a very special thank you to Chair- reauthorization ensures that busi- Committee with unanimous support man JEB HENSARLING for his out- nesses across Ohio and across the en- sailed through the House with 411 standing leadership on this bill, as well tire country get access to terrorism in- votes. Congress should come together as Chairman NEUGEBAUER and Ranking surance for multiple years. It creates to support reasonable, bipartisan re- Member WATERS. certainty. It is good for jobs, and it is forms that provide much-needed relief I am proud to have worked so long good for commercial development and for Main Street America. and so hard in what I would say was construction. I think this bill is a very Mr. HENSARLING. Mr. Speaker, I truly a bipartisan manner, so let me important reform and a great move for- yield 11⁄2 minutes to the gentleman also thank and acknowledge my senior ward. from North Carolina (Mr. PITTENGER), Senator from New York, CHUCK SCHU- I again want to applaud the chairman a member of the Financial Services MER, for his tireless efforts and for for all of his work on it, and I applaud Committee. making TRIA reauthorization one of the bipartisan support this bill is get- Mr. PITTENGER. Mr. Speaker, I rise his top priorities. ting today. I urge my colleagues to in support of the bipartisan Terrorism I also want to thank my good friend vote in favor of the bill. Risk Insurance Program Reauthoriza- and colleague from New York, PETER Mr. HENSARLING. Mr. Chairman, tion, known as TRIA. KING, for being such a champion on how much time remains? I would like to commend Chairman this issue. The SPEAKER pro tempore. The gen- HENSARLING and Congressman NEUGE- As someone who witnessed the trag- tleman from Texas has 71⁄2 minutes re- BAUER. edy of 9/11 firsthand, and as a Member

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.059 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8989 whose district saw the greatest loss of out that adding to this legislation a Will the gentleman support me getting life during the September 11 attacks, I Dodd-Frank concern was not nec- rid of that in the omnibus bill? know all too well the destruction and essary. It is this kind of interference Mr. HENSARLING. Will the gentle- the suffering that is caused by ter- with the process that oftentimes woman yield? rorism. However, as a proud New York- causes confusion. We would hope that Ms. WATERS. I yield to the gen- er, I have also seen the tremendous re- this kind of legislating would not con- tleman from Texas for the answer. covery, a recovery that has taken place tinue. Mr. HENSARLING. I would point out since that fateful day. But in order to Let’s take up these issues in a way to the gentlewoman, as I think she ensure that such a recovery would be that they are clear, that they can be knows, it was the Democrat Senate possible in the face of, God forbid, a fu- debated, that we can hear from both who I believe is putting this in the bill, ture attack on our country, as well as sides of the aisle, we can hear the pros so perhaps she could negotiate that to ensure the further economic devel- and cons, without having to drag it out with Senator SCHUMER. opment across the United States, we until the last moment when we feel Ms. WATERS. The gentleman knows must ensure the continuation of TRIA that you have the opposition up that he was involved in the negotiation and the vitally important insurance against a wall and they have no choice for placing that in the omnibus bill. I coverage that it provides to projects but to accept whatever you have done have raised a question with you, even and facilities that create so many because you have a legitimate issue though you are saying you had nothing American jobs, like the pending Hud- that is before us, even when that issue to do with—— son Yards project in Manhattan, or the is attached to something that has Mr. HENSARLING. Will the gentle- Barclay’s Center in Brooklyn, as well nothing to do with that main issue. woman yield on that one point? as our hospitals and universities, such Having said that, I am going to move Ms. WATERS. Reclaiming my time, I as the Staten Island University Hos- on because we still have work to do as simply asked the gentleman if he pital and the College of Staten Island. we move toward trying to make sure would join me in helping, whether he I would also like to add my strong that we do not shut down this govern- was part of the negotiations or not, as support for the inclusion of my legisla- ment, that we have the omnibus bill to the chair of the Financial Services tion, the Business Risk Mitigation and fund the government and to keep it op- Committee, where this is one of the Price Stabilization Act, which passed, I erating. I am going to move on to deal biggest issues that we have been con- believe, this House with 411 votes right with the fact that just as this was in- fronted with. I know that you care here in this Chamber and does any- serted, the end user provision was in- enough about the consumers that you thing but undermine Dodd-Frank. In serted in this bill. would not want them to have to bail fact, what it does, it will actually en- In the omnibus bill, we have an even out another AIG, another big bank. I sure that commercial end users of de- more difficult situation to try and re- know that you don’t want that. I am rivatives contracts will not be subject solve. As a matter of fact, we know simply saying that I am going to sup- to costly and unnecessary margin re- that our citizens are at great risk be- port the reauthorization of terrorism quirements that needlessly tie up cap- cause there is an attempt to repeal an risk insurance. Will the gentleman sup- ital and impede job creation. important part of the Dodd-Frank leg- port helping to get rid of that risky de- With that, I strongly urge my col- islation. There is an attempt to make rivative trading opportunity that has leagues to support this critical, com- sure that somehow the biggest banks been placed into the omnibus bill by monsense legislation. in America have an opportunity to use your side of the aisle? Ms. WATERS. Mr. Speaker, I yield the taxpayers’ dollars to do risky trad- The SPEAKER pro tempore. The myself such time as I may consume. ing and put the taxpayers at risk one time of the gentlewoman has expired. Mr. Chairman and Members, I am more time of having to bail out these Mr. HENSARLING. Mr. Speaker, I pleased that I had an opportunity to be institutions that have used the tax- yield myself the balance of the time. on the floor today managing this legis- payers’ money that was protected by I am glad that the ranking member lation on behalf of my caucus. I am FDIC, have used their money to do this has had yet another change of heart pleased that I was able to shine some risky trading. from her opposition to S. 2244, as light and create some transparency on We simply ask in Dodd-Frank for amended, that she articulated last what has transpired over a long period some of these trades, for some of these evening. It is fascinating to me that as of time. I am sorry that it had to take derivatives trading ideas, not to be she characterizes other Members of this long. I am sorry that my chairman placed in such a fashion that they Congress as unpredictable, I guess it is at first refused to support reauthoriza- would cause us to have to say to our somewhat predictable now that she tion. He finally came around and that consumers and our taxpayers, once will change her opinion. I am glad she is good. The negotiations took place again, we are going to have to bail out did. and there was a compromise. That some big bank because they have Rarely have I seen in my congres- compromise is not everything certainly failed. We need to protect our con- sional career a Member of the House that we would have wanted, but at sumers, we need to protect our tax- come to the floor quite so vociferous least it is a compromise that will allow payers. All they have to do is push out, and quite so grumpy about a bill that terrorism risk insurance program reau- push out these derivatives into their they have previously supported and thorization. That is extremely impor- subsidies where they don’t have the now ultimately choose to support. Re- tant for all of the reasons that you taxpayers’ protection. grettably, frequently when the ranking have heard on the floor here today. So I am going to be working on that. member comes to the floor, we enter I want to say to my friends on the op- I am going to stand here today and say into a fact-free zone. posite side of the aisle—some of whom to my chairman, I am going to ask for I have not been involved in any of the I talked with when it was unclear what an ‘‘aye’’ vote on the Terrorism Risk negotiations on the omnibus. If I were the chairman was going to do—I am so Insurance Program Reauthorization involved, we would have far more pleased that we have been able to re- Act, and I am going to vote for it. Will Dodd-Frank relief in there, since it is a lieve your anxiety about what was you work with me to pay attention to bill that was aimed at Wall Street, hits going to happen. I know that many of the omnibus bill and help me to nego- Main Street, and working men and you early on were in support of the re- tiate tonight to get out of that bill the women across our country are collat- authorization of the terrorism risk in- risky trading that is now being put eral damage. Our economy has slowed surance program just as it had been back in the bill, the same bill that down, families can’t find work, they framed in the Senate. came through our committee, that was have no financial security because of So now we are at the point where we written by Citicorp, that would allow what Dodd-Frank is doing—the sheer have flushed out the fact that this ter- this to happen? Will you work with me weight, volume, complexity load of the rorism risk insurance program reau- to try and prevent this from happening regulatory burden. As unelected, unac- thorization is needed, that businesses and prevent another bailout of the big- countable bureaucrats try to run this and our citizens deserve it, and they gest banks in America with taxpayers’ economy, they have run it into the should have it. We have also flushed dollars? I am going to support TRIA. ground.

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.060 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8990 CONGRESSIONAL RECORD — HOUSE December 10, 2014 Be that as it may, I look forward to Frank Act included an exemption from mar- cluding the CFTC and the Board of Gov- working with the ranking member so gin requirements for end-users for OTC ernors of the Federal Reserve participated in that we can get more Dodd-Frank re- trades. the development of those margin require- lief to Americans and get this country Section 731 of the Dodd-Frank Act (and ments, which are intended to set baseline Section 764 with respect to security-based international standards for margin require- back to work. swaps) requires margin requirements be ap- ments. It is the intent of the Committee that Finally, I once again wish to thank plied to swap dealers and major swap partici- any margin requirements promulgated under and offer my gratitude to the gen- pants for swaps that are not centrally the authority provided in Section 4s of the tleman from Texas, Chairman NEUGE- cleared. For swap dealers and major swap Commodity Exchange Act should be gen- BAUER, whose leadership in bringing participants that are banks, the prudential erally consistent with the international mar- this bill to the floor was indispensable. banking regulators (such as the Federal Re- gin standards established by IOSCO. He has been a rock throughout these serve or Federal Deposit Insurance Corpora- On March 14, 2013, at a hearing entitled ‘‘Examining Legislative Improvements to proceedings. Every Member who sup- tion) are required to set the margin require- ments. For swap dealers and major swap par- Title VII of the Dodd-Frank Act,’’ the fol- ports the end user exemption, who sup- ticipants that are not banks, the CFTC is re- lowing testimony was provided to the Com- ports the TRIA compromise, owes an quired to set the margin requirements. Both mittee with respect to provisions included in incredible debt of gratitude to Chair- the CFTC and the banking regulators have Section 311: man NEUGEBAUER of Lubbock, Texas. I issued their own rule proposals establishing In approving the Dodd-Frank Act, Con- am proud to serve with him on the margin requirements pursuant to Section gress made clear that end-users were not to House Financial Services Committee. 731. be subject to margin requirements. Nonethe- I urge an ‘‘aye’’ vote for all Members Following the enactment of the Dodd- less, regulations proposed by the Prudential of Congress on S. 2244, as amended, and Frank Act in July of 2010, uncertainty arose Banking Regulators could require end-users regarding whether this provision permitted to post margin. This stems directly from I yield back the balance of my time. the regulators to impose margin require- what they view to be a legal obligation under Mr. LUCAS. Mr. Speaker, I am pleased to ments on swap dealers when they trade with Title VII. While the regulations proposed by see the inclusion of H.R. 634, the Business end-users, which could then result in either the CFTC are preferable, they do not provide Risk Mitigation and Price Stability Act, as Title a direct or indirect margin requirement on end-users with the certainty that legislation III of the Terrorism Risk Insurance Program end-users. Subsequently, Senators Blanche offers. According to a Coalition for Deriva- Reauthorization Act. This language, which was Lincoln and Chris Dodd sent a letter to then- tives End-Users survey, a 3% initial margin also included in H.R. 4413, the Customer Pro- Chairmen Barney Frank and Collin Peterson requirement could reduce capital spending by as much as $5.1 to $6.7 billion among S&P tection and End-User Relief Act, provides an on June 30, 2010, to set forth and clarify con- gressional intent, stating: 500 companies alone and cost 100,000 to important protection to end-users from costly 130,000 jobs. To shed some light on Honey- margining requirements that will divert need The legislation does not authorize the reg- ulators to impose margin on end-users, those well’s potential exposure to margin require- capital away from job creation. exempt entities that use swaps to hedge or ments, we had approximately $2 billion of I support of this title, I would like to request mitigate commercial risk. If regulators raise hedging contracts outstanding at year-end that the pertinent portions of the Committee on the costs of end-user transactions, they may that would be defined as a swap under Dodd- Agriculture report to accompany H.R. 4413 be create more risk. It is imperative that the Frank. Applying 3% initial margin and 10% variation margin implies a potential margin included in the appropriate place in the CON- regulators do not unnecessarily divert work- requirement of $260 million. Cash deposited GRESSIONAL RECORD. ing capital from our economy into margin accounts, in a way that would discourage in a margin account cannot be productively TITLE 3—END-USER RELIEF hedging by end-users or impair economic deployed in our businesses and therefore de- SUBTITLE A—END-USER EXEMPTION FROM growth. tracts from Honeywell’s financial perform- ance and ability to promote economic MARGIN REQUIREMENTS In addition, statements in the legislative growth and protect American jobs.—Mr. Section 311—End-user margin requirements history of section 731 (and Section 764) sug- James E. Colby, Assistant Treasurer, Honey- Section 311 amends Section 4s(e) of the gests that Congress did not intend, in enact- well International Inc. Commodity Exchange Act (CEA) as added by ing this section, to impose margin require- Section 731 of the Dodd-Frank Act to provide ments on nonfinancial end-users engaged in On May 21, 2013, at a hearing entitled ‘‘The an explicit exemption from margin require- hedging activities, even in cases where they Future of the CFTC: Market Perspectives,’’ ments for swap transactions involving end- entered into swaps with swap entities. Mr. Stephen O’Connor, Chairman, ISDA, pro- users that qualify for the clearing exception In the CFTC’s proposed rule on margin, it vided the following testimony with respect under 2(h)(7)(A). does not require margin for un-cleared swaps to provisions included in Section 311: ‘‘End-users’’ are thousands of companies when non-bank swap dealers transact with Perhaps most importantly, we do not be- across the United States who utilize deriva- non-financial end-users. However, the pru- lieve that initial margin will contribute to tives to hedge risks associated with their dential banking regulators proposed rules the shared goal of reducing systemic risk day-to-day operations, such as fluctuations would require margin be posted by non-fi- and increasing systemic resilience. When ro- in the prices of raw materials. Because these nancial end-users above certain established bust variation margin practices are em- businesses do not pose systemic risk, Con- thresholds when they trade with swap deal- ployed, the additional step of imposing ini- gress intended that the Dodd-Frank Act pro- ers that are banks. Many of end-users’ trans- tial margin imposes an extremely high cost vide certain exemptions for end-users to en- actions occur with swap dealers that are on both market participants and on systemic sure they were not unduly burdened by new banks, so the banking regulators’ proposed resilience with very little countervailing margin and capital requirements associated rule is most relevant, and therefore of most benefit. The Lehman and AIG situations with their derivatives trades that would concern, to end-users. highlight the importance of variation mar- hamper their ability to expand and create By the prudential banking regulators’ own gin. AIG did not follow sound variation mar- jobs. terms, their proposal to require margin gin practices, which resulted in dangerous Indeed, Title VII of the Dodd-Frank Act in- stems directly from what they view to be a levels of credit risk building up, ultimately cludes an exemption for non-financial end- legal obligation under Title VII. The plain leading to its bailout. Lehman, on the other users from centrally clearing their deriva- language of section 731 provides that the hand, posted daily variation margin, and tives trades. This exemption permits end- Agencies adopt rules for covered swap enti- while its failure caused shocks in many mar- users to continue trading directly with a ties imposing margin requirements on all kets, the variation margin prevented out- counterparty, (also known as trading ‘‘bilat- non-cleared swaps. Despite clear congres- sized losses in the OTC derivatives markets. erally,’’ or over-the-counter (OTC)) which sional intent, those sections do not, by their While industry and regulators agree on a ro- means their swaps are negotiated privately terms, exclude a swap with a counterparty bust variation margin regime including all between two parties and they are not exe- that is a commercial end-user. By providing appropriate products and counterparties, the cuted and cleared using an exchange or an explicit exemption under Title VII further step of moving to mandatory IM [ini- clearinghouse. Generally, it is common for through enactment of this provision, the tial margin] does not stand up to any rig- non-financial end-users, such as manufactur- prudential regulators will no longer have a orous cost-benefit analysis. ers, to avoid posting cash margin for their perceived legal obligation, and the congres- Based on the extensive background that OTC derivative trades. End-users generally sional intent they acknowledge in their pro- accompanies the statutory change provided will not post margin because they are able to posed rule will be implemented. explicitly in Section 311, the Committee in- negotiate such terms with their counterpar- The Committee notes that in September of tends that initial and variation margin re- ties due to the strength of their own balance 2013, the International Organization of Secu- quirements cannot be imposed on uncleared sheet or by posting non-cash collateral, such rities Commissions (IOSCO) and the Bank of swaps entered into by cooperative entities if as physical property. End-users typically International Settlements published their they similarly qualify for the CFTC’s cooper- seek to preserve their cash and liquid assets final recommendations for margin require- ative exemption with respect to cleared for reinvestment in their businesses. In rec- ments for uncleared derivatives. Representa- swaps. Cooperative entities did not cause the ognition of this common practice, the Dodd- tives from a number of U.S. regulators, in- financial crisis and should not be required to

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.061 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8991 incur substantial new costs associated with Frankel (FL) Long Rogers (MI) Woodall Yoder Young (AK) posting initial and variation margin to Franks (AZ) Lowenthal Rohrabacher Yarmuth Yoho Young (IN) Frelinghuysen Lowey Rokita counterparties. In the end, these costs will NAYS—7 be borne by their members in the form of Fudge Lucas Rooney Gabbard Luetkemeyer Amash Massie Stockman higher prices and more limited access to Ros-Lehtinen Gallego Lujan Grisham Roskam Broun (GA) McClintock credit, especially in underserved markets, Garamendi (NM) Ross Jones Sensenbrenner such as in rural America. Therefore the Com- Garcia Luja´ n, Ben Ray Rothfus NOT VOTING—10 mittee’s clear intent when drafting Section Gardner (NM) Roybal-Allard 311 was to prohibit the CFTC and prudential Garrett Lummis Royce Campbell Hall Negrete McLeod regulators, including the Farm Credit Ad- Gerlach Lynch Ruiz Capuano Johnson (GA) Smith (WA) ministration, from imposing margin require- Gibbs Maffei Runyan Duckworth Miller (FL) Maloney, ments on cooperative entities. Gibson Ruppersberger Granger Miller, Gary Gingrey (GA) Carolyn Rush Maloney, Sean The SPEAKER pro tempore. All time Gohmert Ryan (OH) b 1656 Goodlatte Marchant for debate has expired. Ryan (WI) Gosar Marino Mr. THOMPSON of Mississippi Salmon Pursuant to House Resolution 775, Gowdy Matheson Sa´ nchez, Linda changed his vote from ‘‘nay’’ to ‘‘yea.’’ the previous question is ordered on the Graves (GA) Matsui T. So the bill, as amended, was passed. Graves (MO) McAllister bill, as amended. Sanchez, Loretta Grayson McCarthy (CA) The result of the vote was announced The question is on the third reading Sanford Green, Al McCarthy (NY) as above recorded. Sarbanes of the bill. Green, Gene McCaul A motion to reconsider was laid on The bill was ordered to be read a Griffin (AR) McCollum Scalise Schakowsky the table. third time, and was read the third Griffith (VA) McDermott Grijalva McGovern Schiff f time. Grimm McHenry Schneider The SPEAKER pro tempore. The Guthrie McIntyre Schock INTELLIGENCE AUTHORIZATION question is on the passage of the bill. Gutie´rrez McKeon Schrader Schwartz ACT FOR FISCAL YEARS 2014 The question was taken; and the Hahn McKinley Hanabusa McMorris Schweikert AND 2015 Speaker pro tempore announced that Hanna Rodgers Scott (VA) The SPEAKER pro tempore. The un- Scott, Austin the ayes appeared to have it. Harper McNerney finished business is the vote on the mo- Mr. NEUGEBAUER. Mr. Speaker, on Harris Meadows Scott, David Serrano tion to suspend the rules and concur in that I demand the yeas and nays. Hartzler Meehan Hastings (FL) Meeks Sessions the Senate amendment to the bill (H.R. The yeas and nays were ordered. Hastings (WA) Meng Sewell (AL) 4681) to authorize appropriations for The SPEAKER pro tempore. Pursu- Heck (NV) Messer Shea-Porter fiscal years 2014 and 2015 for intel- ant to clause 8 of rule XX, this 15- Heck (WA) Mica Sherman Hensarling Michaud Shimkus ligence and intelligence-related activi- minute vote on the passage of the bill Herrera Beutler Miller (MI) Shuster ties of the United States Government, will be followed by 5-minute votes on Higgins Miller, George Simpson the Community Management Account, Himes Moore suspending the rules and concurring in Sinema and the Central Intelligence Agency the Senate amendment to H.R. 4861; Hinojosa Moran Sires Holding Mullin Retirement and Disability System, and suspending the rules and concurring in Slaughter Holt Mulvaney Smith (MO) for other purposes, on which the yeas the Senate amendment to H.R. 2719; Honda Murphy (FL) Smith (NE) and nays were ordered. Horsford Murphy (PA) and suspending the rules and concur- Smith (NJ) The Clerk read the title of the bill. ring in the Senate amendment to H.R. Hoyer Nadler Smith (TX) Hudson Napolitano The SPEAKER pro tempore. The 1204. Southerland Huelskamp Neal Speier question is on the motion offered by Neugebauer The vote was taken by electronic de- Huffman Stewart Huizenga (MI) Noem the gentleman from Michigan (Mr. vice, and there were—yeas 417, nays 7, Stivers Hultgren Nolan ROGERS) that the House suspend the Stutzman not voting 10, as follows: Hunter Norcross Swalwell (CA) rules and concur in the Senate amend- Hurt Nugent [Roll No. 557] Takano ment. Israel Nunes YEAS—417 Issa Nunnelee Terry This is a 5-minute vote. Adams Camp Cummings Jackson Lee O’Rourke Thompson (CA) The vote was taken by electronic de- Aderholt Capito Daines Jeffries Olson Thompson (MS) vice, and there were—yeas 325, nays Amodei Capps Davis (CA) Jenkins Owens Thompson (PA) Bachmann Ca´ rdenas Davis, Danny Johnson (OH) Palazzo Thornberry 100, not voting 9, as follows: Bachus Carney Davis, Rodney Johnson, E. B. Pallone Tiberi [Roll No. 558] Tierney Barber Carson (IN) DeFazio Johnson, Sam Pascrell YEAS—325 Barletta Carter DeGette Jolly Pastor (AZ) Tipton Barr Cartwright Delaney Jordan Paulsen Titus Adams Capito Daines Barrow (GA) Cassidy DeLauro Joyce Payne Tonko Aderholt Capps Davis (CA) Barton Castor (FL) DelBene Kaptur Pearce Tsongas Amodei Ca´ rdenas Davis, Danny Bass Castro (TX) Denham Keating Pelosi Turner Bachmann Carney Davis, Rodney Beatty Chabot Dent Kelly (IL) Perlmutter Upton Bachus Carson (IN) DeGette Becerra Chaffetz DeSantis Kelly (PA) Perry Valadao Barber Carter Delaney Benishek Chu DesJarlais Kennedy Peters (CA) Van Hollen Barletta Cartwright DeLauro Bentivolio Cicilline Deutch Kildee Peters (MI) Vargas Barr Cassidy Denham Barrow (GA) Castor (FL) Dent Bera (CA) Clark (MA) Diaz-Balart Kilmer Peterson Veasey Barton Castro (TX) DeSantis Bilirakis Clarke (NY) Dingell Kind Petri Vela Beatty Chabot Deutch Bishop (GA) Clawson (FL) Doggett King (IA) Pingree (ME) Vela´ zquez Becerra Chaffetz Diaz-Balart Bishop (NY) Clay Doyle King (NY) Pittenger Visclosky Bishop (UT) Cleaver Duffy Kingston Pitts Benishek Cicilline Dingell Wagner Black Clyburn Duncan (SC) Kinzinger (IL) Pocan Bera (CA) Clay Duffy Walberg Blackburn Coble Duncan (TN) Kirkpatrick Poe (TX) Bilirakis Cleaver Edwards Walden Blumenauer Coffman Edwards Kline Polis Bishop (GA) Clyburn Ellison Walorski Bonamici Cohen Ellison Kuster Pompeo Bishop (NY) Coble Ellmers Boustany Cole Ellmers Labrador Posey Walz Bishop (UT) Coffman Engel Brady (PA) Collins (GA) Engel LaMalfa Price (GA) Wasserman Black Cole Enyart Brady (TX) Collins (NY) Enyart Lamborn Price (NC) Schultz Blackburn Collins (GA) Esty Braley (IA) Conaway Eshoo Lance Quigley Waters Boustany Collins (NY) Farenthold Brat Connolly Esty Langevin Rahall Waxman Brady (PA) Conaway Fattah Bridenstine Conyers Farenthold Lankford Rangel Weber (TX) Brady (TX) Connolly Fincher Brooks (AL) Cook Farr Larsen (WA) Reed Webster (FL) Braley (IA) Cook Fitzpatrick Brooks (IN) Cooper Fattah Larson (CT) Reichert Welch Brooks (IN) Cooper Fleischmann Brown (FL) Costa Fincher Latham Renacci Wenstrup Brown (FL) Costa Fleming Brownley (CA) Cotton Fitzpatrick Latta Ribble Westmoreland Brownley (CA) Cotton Flores Buchanan Courtney Fleischmann Lee (CA) Rice (SC) Whitfield Buchanan Courtney Forbes Bucshon Cramer Fleming Levin Richmond Williams Bucshon Cramer Fortenberry Burgess Crawford Flores Lewis Rigell Wilson (FL) Bustos Crawford Foster Bustos Crenshaw Forbes Lipinski Roby Wilson (SC) Butterfield Crenshaw Foxx Butterfield Crowley Fortenberry LoBiondo Roe (TN) Wittman Byrne Crowley Frankel (FL) Byrne Cuellar Foster Loebsack Rogers (AL) Wolf Calvert Cuellar Franks (AZ) Calvert Culberson Foxx Lofgren Rogers (KY) Womack Camp Culberson Frelinghuysen

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.031 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8992 CONGRESSIONAL RECORD — HOUSE December 10, 2014 Fudge Lynch Royce McClintock Poe (TX) Stockman Calvert Gosar Maloney, Gabbard Maffei Ruiz McCollum Polis Swalwell (CA) Camp Gowdy Carolyn Gallego Maloney, Runyan McDermott Posey Takano Capito Granger Maloney, Sean Gardner Carolyn Ruppersberger McGovern Rangel Tierney Capps Graves (GA) Marchant Gerlach Maloney, Sean Rush Meadows Ribble Tipton Ca´ rdenas Graves (MO) Marino Gibbs Marchant Ryan (OH) Mica Roe (TN) Vela´ zquez Carney Grayson Massie Gingrey (GA) Marino Ryan (WI) Moore Rohrabacher Waters Carson (IN) Green, Al Matheson Goodlatte Matheson Sa´ nchez, Linda Mulvaney Salmon Weber (TX) Carter Green, Gene Matsui Nadler Sanford Granger McAllister T. Welch Cartwright Griffin (AR) McAllister Graves (MO) McCarthy (CA) Nugent Schakowsky Sanchez, Loretta Woodall Cassidy Griffith (VA) McCarthy (CA) Green, Al McCarthy (NY) O’Rourke Scott, Austin Castor (FL) McCarthy (NY) Sarbanes Yarmuth Grijalva Green, Gene McCaul Pallone Sensenbrenner Castro (TX) McCaul Scalise Yoho Grimm Griffin (AR) McHenry Schiff Perry Serrano Chabot Guthrie McClintock Grimm McIntyre Schneider Pocan Speier Chaffetz Gutie´rrez McCollum Guthrie McKeon Schock NOT VOTING—9 Chu Hahn McDermott Hanna McKinley Schwartz Cicilline Hanabusa McGovern Harper McMorris Schweikert Campbell Hall Negrete McLeod Clark (MA) Hanna McHenry Harris Rodgers Scott (VA) Capuano Miller (FL) Schrader Clarke (NY) Harper McIntyre Hartzler McNerney Scott, David Duckworth Miller, Gary Smith (WA) Clawson (FL) Harris McKeon Hastings (WA) Meehan Sessions Clay Hartzler McKinley Heck (NV) Meeks ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Sewell (AL) Cleaver Hastings (FL) McMorris Hensarling Meng Shea-Porter The SPEAKER pro tempore (Mr. Clyburn Hastings (WA) Rodgers Herrera Beutler Messer Sherman HULTGREN) (during the vote). There are Coble Heck (NV) McNerney Higgins Michaud Shimkus 2 minutes remaining. Coffman Heck (WA) Meadows Himes Miller (MI) Cohen Meehan Hinojosa Miller, George Shuster Hensarling Simpson Cole Herrera Beutler Meeks Holding Moran b 1704 Collins (GA) Meng Horsford Mullin Sinema Higgins Sires Mr. SERRANO changed his vote from Collins (NY) Himes Messer Hoyer Murphy (FL) Conaway Mica Hudson Murphy (PA) Slaughter ‘‘yea’’ to ‘‘nay.’’ Hinojosa Smith (MO) Connolly Holding Michaud Huizenga (MI) Napolitano Miller (MI) Smith (NE) Mr. ELLISON changed his vote from Conyers Holt Hultgren Neal Moore Smith (NJ) ‘‘nay’’ to ‘‘yea.’’ Cook Honda Hunter Neugebauer Cooper Moran Smith (TX) Horsford Hurt Noem So (two-thirds being in the affirma- Costa Mullin Southerland Hoyer Israel Nolan tive) the rules were suspended and the Cotton Mulvaney Issa Norcross Stewart Hudson Senate amendment was concurred in. Courtney Murphy (FL) Jeffries Nunes Stivers Huelskamp Cramer Murphy (PA) Jenkins Nunnelee Stutzman The result of the vote was announced Huffman Crawford Nadler Johnson (GA) Olson Terry Huizenga (MI) as above recorded. Crenshaw Napolitano Johnson (OH) Owens Thompson (CA) Hultgren A motion to reconsider was laid on Crowley Neal Johnson, E. B. Palazzo Thompson (MS) Hunter Cuellar Neugebauer Johnson, Sam Pascrell Thompson (PA) the table. Hurt Culberson Noem Jolly Pastor (AZ) Thornberry Stated against: Israel Cummings Nolan Joyce Paulsen Tiberi Issa Mr. ELLISON. Mr. Speaker, during rollcall Daines Norcross Keating Payne Jackson Lee Titus Davis (CA) Nugent Kelly (IL) Pearce vote No. 558 on H.R. 4681, I mistakenly re- Jeffries Tonko Nunes Kelly (PA) Pelosi corded my vote as ‘‘yes’’ when I should have Davis, Danny Jenkins Tsongas Davis, Rodney Nunnelee Kennedy Perlmutter Turner voted ‘‘no.’’ Johnson (GA) Kilmer Peters (CA) DeFazio Johnson (OH) O’Rourke Upton DeGette Olson Kind Peters (MI) Valadao f Johnson, E. B. King (IA) Peterson Delaney Johnson, Sam Owens Van Hollen DeLauro Palazzo King (NY) Petri Vargas TRANSPORTATION SECURITY Jolly Kinzinger (IL) Pingree (ME) DelBene Jones Pallone Veasey ACQUISITION REFORM ACT Denham Pascrell Kirkpatrick Pittenger Vela Jordan Kline Pitts Dent Pastor (AZ) Visclosky The SPEAKER pro tempore. The un- Joyce Kuster Pompeo DeSantis Kaptur Paulsen Wagner DesJarlais Payne LaMalfa Price (GA) finished business is the vote on the mo- Keating Walberg Deutch Pearce Lamborn Price (NC) tion to suspend the rules and concur in Kelly (IL) Walden Diaz-Balart Pelosi Lance Quigley Kelly (PA) Walorski the Senate amendment to the bill (H.R. Dingell Perlmutter Langevin Rahall Kennedy Walz 2719) to require the Transportation Se- Doggett Perry Lankford Reed Kildee Wasserman Doyle Peters (CA) Larsen (WA) Reichert curity Administration to implement Kilmer Schultz Duffy Peters (MI) Larson (CT) Renacci best practices and improve trans- Kind Waxman Duncan (SC) Peterson Latham Rice (SC) King (IA) Webster (FL) parency with regard to technology ac- Duncan (TN) Petri Latta Richmond King (NY) Wenstrup quisition programs, and for other pur- Edwards Pingree (ME) Levin Rigell Kingston Westmoreland Ellison Pittenger Lipinski Roby poses, on which the yeas and nays were Kinzinger (IL) Whitfield Ellmers Pitts LoBiondo Rogers (AL) ordered. Kirkpatrick Williams Engel Pocan Loebsack Rogers (KY) Kline Wilson (FL) The Clerk read the title of the bill. Enyart Poe (TX) Long Rogers (MI) Kuster Wilson (SC) The SPEAKER pro tempore. The Eshoo Polis Lowey Rokita Labrador Lucas Rooney Wittman question is on the motion offered by Esty Pompeo Farenthold LaMalfa Posey Luetkemeyer Ros-Lehtinen Wolf the gentleman from North Carolina Lamborn Lujan Grisham Roskam Womack Farr Price (GA) (Mr. HUDSON) that the House suspend Fattah Lance Price (NC) (NM) Ross Yoder Langevin ´ Fincher Quigley Lujan, Ben Ray Rothfus Young (AK) the rules and concur in the Senate Lankford (NM) Roybal-Allard Young (IN) Fitzpatrick Rahall amendment. Fleischmann Larsen (WA) Rangel This is a 5-minute vote. Larson (CT) NAYS—100 Fleming Reed The vote was taken by electronic de- Flores Latham Reichert Latta Amash Doggett Hastings (FL) vice, and there were—yeas 425, nays 0, Forbes Renacci Bass Doyle Heck (WA) Fortenberry Lee (CA) Ribble Bentivolio Duncan (SC) Holt not voting 9, as follows: Foster Levin Rice (SC) Blumenauer Duncan (TN) Honda [Roll No. 559] Foxx Lewis Richmond Bonamici Eshoo Huelskamp Frankel (FL) Lipinski Rigell Brat Farr Huffman YEAS—425 Franks (AZ) LoBiondo Roby Bridenstine Garamendi Jackson Lee Adams Benishek Braley (IA) Frelinghuysen Loebsack Roe (TN) Brooks (AL) Garcia Jones Aderholt Bentivolio Brat Fudge Lofgren Rogers (AL) Broun (GA) Garrett Jordan Amash Bera (CA) Bridenstine Gabbard Long Rogers (KY) Burgess Gibson Kaptur Amodei Bilirakis Brooks (AL) Gallego Lowenthal Rogers (MI) Chu Gohmert Kildee Bachmann Bishop (GA) Brooks (IN) Garamendi Lowey Rohrabacher Clark (MA) Gosar Kingston Bachus Bishop (NY) Broun (GA) Garcia Lucas Rokita Clarke (NY) Gowdy Labrador Barber Bishop (UT) Brown (FL) Gardner Luetkemeyer Rooney Clawson (FL) Graves (GA) Lee (CA) Barletta Black Brownley (CA) Garrett Lujan Grisham Ros-Lehtinen Cohen Grayson Lewis Barr Blackburn Buchanan Gerlach (NM) Roskam Conyers Griffith (VA) Lofgren Barrow (GA) Blumenauer Bucshon Gibbs Luja´ n, Ben Ray Ross Cummings Grijalva Lowenthal Barton Bonamici Burgess Gibson (NM) Rothfus DeFazio Gutie´rrez Lummis Bass Boustany Bustos Gingrey (GA) Lummis Roybal-Allard DelBene Hahn Massie Beatty Brady (PA) Butterfield Gohmert Lynch Royce DesJarlais Hanabusa Matsui Becerra Brady (TX) Byrne Goodlatte Maffei Ruiz

VerDate Sep 11 2014 04:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.033 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8993 Runyan Sinema Veasey Bera (CA) Fincher Latta Renacci Schwartz Tonko Ruppersberger Sires Vela Bilirakis Fitzpatrick Lee (CA) Ribble Schweikert Tsongas Rush Slaughter Vela´ zquez Bishop (GA) Fleischmann Levin Rice (SC) Scott, Austin Turner Ryan (OH) Smith (MO) Visclosky Bishop (NY) Fleming Lewis Richmond Scott, David Upton Ryan (WI) Smith (NE) Wagner Bishop (UT) Flores Lipinski Rigell Sensenbrenner Valadao Salmon Smith (NJ) Walberg Black Forbes LoBiondo Roby Serrano Van Hollen Sa´ nchez, Linda Smith (TX) Walden Blackburn Fortenberry Loebsack Roe (TN) Sessions Vargas T. Southerland Walorski Blumenauer Foster Lofgren Rogers (AL) Sewell (AL) Veasey Sanchez, Loretta Speier Walz Bonamici Foxx Long Rogers (KY) Shea-Porter Vela Sanford Stewart Wasserman Boustany Frankel (FL) Lowenthal Rogers (MI) Sherman Vela´ zquez Sarbanes Stivers Schultz Brady (PA) Franks (AZ) Lowey Rohrabacher Shimkus Visclosky Scalise Stockman Waters Brady (TX) Frelinghuysen Lucas Rokita Shuster Wagner Schakowsky Stutzman Waxman Braley (IA) Fudge Luetkemeyer Rooney Simpson Walberg Schiff Swalwell (CA) Weber (TX) Brat Gabbard Lujan Grisham Ros-Lehtinen Sinema Walden Schneider Takano Webster (FL) Roskam Sires Bridenstine Gallego (NM) Walorski Schock Terry Welch Ross Slaughter Brooks (AL) Garamendi Luja´ n, Ben Ray Walz Schrader Thompson (CA) Wenstrup Rothfus Smith (MO) Brooks (IN) Garcia (NM) Wasserman Schwartz Thompson (MS) Westmoreland Roybal-Allard Smith (NE) Broun (GA) Gardner Lummis Schultz Schweikert Thompson (PA) Whitfield Royce Smith (NJ) Brown (FL) Garrett Lynch Waters Scott (VA) Thornberry Williams Ruiz Smith (TX) Brownley (CA) Gerlach Maffei Waxman Scott, Austin Tiberi Wilson (FL) Runyan Southerland Buchanan Gibbs Maloney, Weber (TX) Scott, David Tierney Wilson (SC) Bucshon Gibson Carolyn Ruppersberger Speier Sensenbrenner Tipton Wittman Rush Stewart Webster (FL) Burgess Gohmert Maloney, Sean Welch Serrano Titus Wolf Bustos Goodlatte Marchant Ryan (OH) Stivers Sessions Tonko Womack Ryan (WI) Stockman Wenstrup Butterfield Gosar Marino Whitfield Sewell (AL) Tsongas Woodall Byrne Gowdy Matheson Salmon Stutzman Shea-Porter Turner Yarmuth Sa´ nchez, Linda Swalwell (CA) Williams Calvert Granger Matsui Wilson (FL) Sherman Upton Yoder McAllister T. Takano Camp Graves (GA) Wilson (SC) Shimkus Valadao Yoho McCarthy (CA) Sanchez, Loretta Terry Capito Graves (MO) Wittman Shuster Van Hollen Young (AK) McCarthy (NY) Sanford Thompson (CA) Capps Grayson Wolf Simpson Vargas Young (IN) Ca´ rdenas Green, Al McCaul Sarbanes Thompson (MS) Scalise Thompson (PA) Womack Carney Green, Gene McClintock NOT VOTING—9 Schakowsky Thornberry Woodall Carson (IN) Griffin (AR) McCollum Schiff Tiberi Yarmuth Campbell Hall Miller, George Carter Griffith (VA) McDermott Schneider Tierney Yoder Capuano Miller (FL) Negrete McLeod Cartwright Grijalva McGovern Schock Tipton Young (AK) Duckworth Miller, Gary Smith (WA) Cassidy Grimm McHenry Schrader Titus Young (IN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Castor (FL) Guthrie McIntyre Castro (TX) Gutie´rrez McKeon NAYS—5 The SPEAKER pro tempore (during Chabot Hahn McKinley Amash Labrador Yoho the vote). There are 2 minutes remain- Chaffetz Hanabusa McMorris Kaptur Massie ing. Chu Hanna Rodgers Cicilline Harper McNerney NOT VOTING—13 Clark (MA) Harris Meadows b 1712 Campbell Hall Scott (VA) Clarke (NY) Hartzler Meehan Capuano Huizenga (MI) Clawson (FL) Hastings (FL) Meeks Smith (WA) Ms. KAPTUR changed her vote from Duckworth Miller (FL) Clay Hastings (WA) Meng Westmoreland ‘‘nay’’ to ‘‘yea.’’ Ellison Miller, Gary Cleaver Heck (NV) Messer Gingrey (GA) Negrete McLeod So (two-thirds being in the affirma- Clyburn Heck (WA) Mica tive) the rules were suspended and the Coble Hensarling Michaud ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Senate amendment was concurred in. Coffman Herrera Beutler Miller (MI) The SPEAKER pro tempore (during The result of the vote was announced Cohen Higgins Miller, George Cole Himes Moore the vote). There are 2 minutes remain- as above recorded. Collins (GA) Hinojosa Moran ing. A motion to reconsider was laid on Collins (NY) Holding Mullin the table. Conaway Holt Mulvaney b 1719 Connolly Honda Murphy (FL) So (two-thirds being in the affirma- f Conyers Horsford Murphy (PA) Cook Hoyer Nadler tive) the rules were suspended and the AVIATION SECURITY STAKE- Cooper Hudson Napolitano Senate amendment was concurred in. Costa Huelskamp Neal The result of the vote was announced HOLDER PARTICIPATION ACT OF Cotton Huffman Neugebauer 2013 Courtney Hultgren Noem as above recorded. Cramer Hunter Nolan A motion to reconsider was laid on The SPEAKER pro tempore. The un- Crawford Hurt Norcross the table. finished business is the vote on the mo- Crenshaw Israel Nugent PERSONAL EXPLANATION tion to suspend the rules and concur in Crowley Issa Nunes Mr. MILLER of Florida. Mr. Speaker, due to the Senate amendment to the bill (H.R. Cuellar Jackson Lee Nunnelee Culberson Jeffries O’Rourke attending the funeral of the Honorable Charles 1204) to amend title 49, United States Cummings Jenkins Olson Hutton ‘‘Bull’’ Rigdon, Jr., Fort Walton Beach Code, to direct the Assistant Secretary Daines Johnson (GA) Owens City Council, I missed the following rollcall of Homeland Security (Transportation Davis (CA) Johnson (OH) Palazzo Davis, Danny Johnson, E. B. Pallone votes: Nos. 554 through 560 on December 10, Security Administration) to establish Davis, Rodney Johnson, Sam Pascrell 2014. If present, I would have voted: rollcall an Aviation Security Advisory Com- DeFazio Jolly Pastor (AZ) vote No. 554—H. Res. 775, On Agreeing to mittee, and for other purposes, on DeGette Jones Paulsen the Resolution Providing for consideration of which the yeas and nays were ordered. Delaney Jordan Payne DeLauro Joyce Pearce S. 2244, the Terrorism Risk Insurance Pro- The Clerk read the title of the bill. DelBene Keating Pelosi gram Reauthorization Act of 2014; and for The SPEAKER pro tempore. The Denham Kelly (IL) Perlmutter other purposes, ‘‘aye;’’ rollcall vote No. 555— question is on the motion offered by Dent Kelly (PA) Perry DeSantis Kennedy Peters (CA) S. 1000, On Motion to Suspend the Rules and the gentleman from North Carolina DesJarlais Kildee Peters (MI) Pass the Chesapeake Bay Accountability and (Mr. HUDSON) that the House suspend Deutch Kilmer Peterson Recovery Act of 2014, ‘‘aye;’’ rollcall No. the rules and concur in the Senate Diaz-Balart Kind Petri 556—On Approving the Journal, ‘‘nay;’’ rollcall amendment. Dingell King (IA) Pingree (ME) Doggett King (NY) Pittenger vote No. 557—On Passage of S. 2244—To This is a 5-minute vote. Doyle Kingston Pitts extend the termination date of the Terrorism The vote was taken by electronic de- Duffy Kinzinger (IL) Pocan Insurance Program established under the Ter- vice, and there were—yeas 416, nays 5, Duncan (SC) Kirkpatrick Poe (TX) Duncan (TN) Kline Polis rorism Risk Insurance Act of 2002, and for not voting 13, as follows: Edwards Kuster Pompeo other purposes, ‘‘aye;’’ rollcall vote No. 558— [Roll No. 560] Ellmers LaMalfa Posey Engel Lamborn Price (GA) Motion to Suspend the Rules and Concur in YEAS—416 Enyart Lance Price (NC) the Senate Amendment to H.R. 4681—Intel- Adams Barber Bass Eshoo Langevin Quigley ligence Authorization Act for Fiscal Years Aderholt Barletta Beatty Esty Lankford Rahall 2014 and 2015, ‘‘aye;’’ rollcall vote No. 559— Amodei Barr Becerra Farenthold Larsen (WA) Rangel Bachmann Barrow (GA) Benishek Farr Larson (CT) Reed On Motion to Suspend the Rules and Concur Bachus Barton Bentivolio Fattah Latham Reichert in the Senate Amendment to H.R. 2719—To

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\A10DE7.035 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8994 CONGRESSIONAL RECORD — HOUSE December 10, 2014 require the Transportation Security Administra- Speaker’s table the bill (S. 2521) to ‘‘(2) The term ‘incident’ means an occur- tion to implement best practices and improve amend chapter 35 of title 44, United rence that— transparency with regard to technology acqui- States Code, to provide for reform to ‘‘(A) actually or imminently jeopardizes, Federal information security, and ask without lawful authority, the integrity, con- sition programs, and for other purposes, fidentiality, or availability of information or ‘‘aye;’’ rollcall vote No. 560—On Motion to for its immediate consideration in the an information system; or Suspend the Rules and Concur in the Senate House. ‘‘(B) constitutes a violation or imminent Amendment to H.R. 1204—To amend title 49, The Clerk read the title of the bill. threat of violation of law, security policies, United States Code, to direct the Assistant The SPEAKER pro tempore. Is there security procedures, or acceptable use poli- Secretary of Homeland Security (Transpor- objection to the request of the gen- cies. tation Security Administration) to establish an tleman from North Carolina? ‘‘(3) The term ‘information security’ means Aviation Security Advisory Committee, and for There was no objection. protecting information and information sys- tems from unauthorized access, use, disclo- other purposes, ‘‘aye.’’ The text of the bill is as follows: S. 2521 sure, disruption, modification, or destruction f Be it enacted by the Senate and House of Rep- in order to provide— NEWBORN SCREENING SAVES resentatives of the United States of America in ‘‘(A) integrity, which means guarding LIVES REAUTHORIZATION ACT Congress assembled, against improper information modification or destruction, and includes ensuring infor- SECTION 1. SHORT TITLE. OF 2014 mation nonrepudiation and authenticity; This Act may be cited as the ‘‘Federal In- ‘‘(B) confidentiality, which means pre- Mrs. ELLMERS. Mr. Speaker, I ask formation Security Modernization Act of serving authorized restrictions on access and unanimous consent to take from the 2014’’. Speaker’s table the bill (H.R. 1281) to disclosure, including means for protecting SEC. 2. FISMA REFORM. personal privacy and proprietary informa- amend the Public Health Service Act (a) IN GENERAL.—Chapter 35 of title 44, tion; and to reauthorize programs under part A United States Code, is amended by striking ‘‘(C) availability, which means ensuring subchapters II and III and inserting the fol- of title XI of such Act, with the Senate timely and reliable access to and use of in- lowing: amendment thereto, and concur in the formation. Senate amendment. ‘‘SUBCHAPTER II—INFORMATION ‘‘(4) The term ‘information technology’ has The Clerk read the title of the bill. SECURITY the meaning given that term in section 11101 The SPEAKER pro tempore. The ‘‘§ 3551. Purposes of title 40. Clerk will report the Senate amend- ‘‘The purposes of this subchapter are to— ‘‘(5) The term ‘intelligence community’ ment. ‘‘(1) provide a comprehensive framework has the meaning given that term in section The Clerk read as follows: for ensuring the effectiveness of information 3(4) of the National Security Act of 1947 (50 Senate amendment: security controls over information resources U.S.C. 3003(4)). ‘‘(6)(A) The term ‘national security sys- At the end, add the following: that support Federal operations and assets; ‘‘(2) recognize the highly networked nature tem’ means any information system (includ- SEC. 12. INFORMED CONSENT FOR NEWBORN ing any telecommunications system) used or SCREENING RESEARCH. of the current Federal computing environ- ment and provide effective governmentwide operated by an agency or by a contractor of (a) IN GENERAL.—Research on newborn dried blood spots shall be considered research carried management and oversight of the related in- an agency, or other organization on behalf of out on human subjects meeting the definition of formation security risks, including coordina- an agency— section 46.102(f)(2) of title 45, Code of Federal tion of information security efforts through- ‘‘(i) the function, operation, or use of Regulations, for purposes of Federally funded out the civilian, national security, and law which— research conducted pursuant to the Public enforcement communities; ‘‘(I) involves intelligence activities; Health Service Act until such time as updates to ‘‘(3) provide for development and mainte- ‘‘(II) involves cryptologic activities related the Federal Policy for the Protection of Human nance of minimum controls required to pro- to national security; Subjects (the Common Rule) are promulgated tect Federal information and information ‘‘(III) involves command and control of pursuant to subsection (c). For purposes of this systems; military forces; subsection, sections 46.116(c) and 46.116(d) of ‘‘(4) provide a mechanism for improved ‘‘(IV) involves equipment that is an inte- title 45, Code of Federal Regulations, shall not oversight of Federal agency information se- gral part of a weapon or weapons system; or apply. curity programs, including through auto- ‘‘(V) subject to subparagraph (B), is crit- (b) EFFECTIVE DATE.—Subsection (a) shall mated security tools to continuously diag- ical to the direct fulfillment of military or apply only to newborn dried blood spots used nose and improve security; intelligence missions; or for purposes of Federally funded research that ‘‘(5) acknowledge that commercially devel- ‘‘(ii) is protected at all times by procedures were collected not earlier than 90 days after the oped information security products offer ad- established for information that have been date of enactment of this Act. vanced, dynamic, robust, and effective infor- specifically authorized under criteria estab- (c) REGULATIONS.—Not later than 6 months mation security solutions, reflecting market lished by an Executive order or an Act of after the date of enactment of this Act, the Sec- solutions for the protection of critical infor- Congress to be kept classified in the interest retary of Health and Human Services shall pro- mation infrastructures important to the na- of national defense or foreign policy. mulgate proposed regulations related to the up- tional defense and economic security of the ‘‘(B) Subparagraph (A)(i)(V) does not in- dating of the Federal Policy for the Protection nation that are designed, built, and operated clude a system that is to be used for routine of Human Subjects (the Common Rule), particu- by the private sector; and administrative and business applications (in- larly with respect to informed consent. Not later ‘‘(6) recognize that the selection of specific cluding payroll, finance, logistics, and per- than 2 years after such date of enactment, the technical hardware and software information sonnel management applications). Secretary shall promulgate final regulations security solutions should be left to indi- ‘‘(7) The term ‘Secretary’ means the Sec- based on such proposed regulations. vidual agencies from among commercially retary of Homeland Security. Mrs. ELLMERS (during the reading). developed products. ‘‘§ 3553. Authority and functions of the Direc- Mr. Speaker, I ask unanimous consent ‘‘§ 3552. Definitions tor and the Secretary that the reading of the Senate amend- ‘‘(a) IN GENERAL.—Except as provided ‘‘(a) DIRECTOR.—The Director shall oversee under subsection (b), the definitions under agency information security policies and ment be dispensed with. section 3502 shall apply to this subchapter. practices, including— The SPEAKER pro tempore. Is there ‘‘(b) ADDITIONAL DEFINITIONS.—As used in ‘‘(1) developing and overseeing the imple- objection to the request of the gentle- this subchapter: mentation of policies, principles, standards, woman from North Carolina? ‘‘(1) The term ‘binding operational direc- and guidelines on information security, in- There was no objection. tive’ means a compulsory direction to an cluding through ensuring timely agency The SPEAKER pro tempore. Is there agency that— adoption of and compliance with standards objection to the original request of the ‘‘(A) is for purposes of safeguarding Fed- promulgated under section 11331 of title 40; gentlewoman from North Carolina? eral information and information systems ‘‘(2) requiring agencies, consistent with the There was no objection. from a known or reasonably suspected infor- standards promulgated under such section A motion to reconsider was laid on mation security threat, vulnerability, or 11331 and the requirements of this sub- the table. risk; chapter, to identify and provide information ‘‘(B) shall be in accordance with policies, security protections commensurate with the f principles, standards, and guidelines issued risk and magnitude of the harm resulting FEDERAL INFORMATION SECURITY by the Director; and from the unauthorized access, use, disclo- MODERNIZATION ACT OF 2014 ‘‘(C) may be revised or repealed by the Di- sure, disruption, modification, or destruction rector if the direction issued on behalf of the of— Mr. MEADOWS. Mr. Speaker, I ask Director is not in accordance with policies ‘‘(A) information collected or maintained unanimous consent to take from the and principles developed by the Director. by or on behalf of an agency; or

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.038 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8995 ‘‘(B) information systems used or operated threats and vulnerabilities, with or without conflict with the standards and guidelines by an agency or by a contractor of an agency reimbursement; issued under section 11331 of title 40. or other organization on behalf of an agency; ‘‘(C) compiling and analyzing data on agen- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in ‘‘(3) ensuring that the Secretary carries cy information security; and this subchapter shall be construed as author- out the authorities and functions under sub- ‘‘(D) developing and conducting targeted izing the Secretary to direct the Secretary of section (b); operational evaluations, including threat Commerce in the development and promul- ‘‘(4) coordinating the development of and vulnerability assessments, on the infor- gation of standards and guidelines under sec- standards and guidelines under section 20 of mation systems; and tion 11331 of title 40. the National Institute of Standards and ‘‘(7) other actions as the Director or the ‘‘(g) EXERCISE OF AUTHORITY.—To ensure Technology Act (15 U.S.C. 278g–3) with agen- Secretary, in consultation with the Director, fiscal and policy consistency, the Secretary cies and offices operating or exercising con- may determine necessary to carry out this shall exercise the authority under this sec- trol of national security systems (including subsection. tion subject to direction by the President, in the National Security Agency) to assure, to ‘‘(c) REPORT.—Not later than March 1 of coordination with the Director. the maximum extent feasible, that such each year, the Director, in consultation with ‘‘§ 3554. Federal agency responsibilities the Secretary, shall submit to Congress a re- standards and guidelines are complementary ‘‘(a) IN GENERAL.—The head of each agency with standards and guidelines developed for port on the effectiveness of information se- shall— national security systems; curity policies and practices during the pre- ‘‘(1) be responsible for— ‘‘(5) overseeing agency compliance with ceding year, including— ‘‘(A) providing information security pro- the requirements of this subchapter, includ- ‘‘(1) a summary of the incidents described tections commensurate with the risk and ing through any authorized action under sec- in the annual reports required to be sub- magnitude of the harm resulting from unau- tion 11303 of title 40, to enforce account- mitted under section 3554(c)(1), including a thorized access, use, disclosure, disruption, ability for compliance with such require- summary of the information required under modification, or destruction of— ments; and section 3554(c)(1)(A)(iii); ‘‘(i) information collected or maintained ‘‘(6) coordinating information security ‘‘(2) a description of the threshold for re- by or on behalf of the agency; and policies and procedures with related infor- porting major information security inci- ‘‘(ii) information systems used or operated mation resources management policies and dents; by an agency or by a contractor of an agency procedures. ‘‘(3) a summary of the results of evalua- or other organization on behalf of an agency; tions required to be performed under section ‘‘(b) SECRETARY.—The Secretary, in con- ‘‘(B) complying with the requirements of sultation with the Director, shall administer 3555; this subchapter and related policies, proce- the implementation of agency information ‘‘(4) an assessment of agency compliance dures, standards, and guidelines, including— security policies and practices for informa- with standards promulgated under section ‘‘(i) information security standards pro- tion systems, except for national security 11331 of title 40; and mulgated under section 11331 of title 40; systems and information systems described ‘‘(5) an assessment of agency compliance ‘‘(ii) operational directives developed by in paragraph (2) or (3) of subsection (e), in- with data breach notification policies and the Secretary under section 3553(b); cluding— procedures issued by the Director. ‘‘(iii) policies and procedures issued by the ‘‘(d) NATIONAL SECURITY SYSTEMS.—Except ‘‘(1) assisting the Director in carrying out Director; and for the authorities and functions described in the authorities and functions under para- ‘‘(iv) information security standards and subsection (a)(5) and subsection (c), the au- graphs (1), (2), (3), (5), and (6) of subsection guidelines for national security systems thorities and functions of the Director and (a); the Secretary under this section shall not issued in accordance with law and as di- ‘‘(2) developing and overseeing the imple- apply to national security systems. rected by the President; and mentation of binding operational directives ‘‘(e) DEPARTMENT OF DEFENSE AND INTEL- ‘‘(C) ensuring that information security to agencies to implement the policies, prin- LIGENCE COMMUNITY SYSTEMS.—(1) The au- management processes are integrated with ciples, standards, and guidelines developed thorities of the Director described in para- agency strategic, operational, and budgetary by the Director under subsection (a)(1) and graphs (1) and (2) of subsection (a) shall be planning processes; the requirements of this subchapter, which delegated to the Secretary of Defense in the ‘‘(2) ensure that senior agency officials pro- may be revised or repealed by the Director if case of systems described in paragraph (2) vide information security for the informa- the operational directives issued on behalf of and to the Director of National Intelligence tion and information systems that support the Director are not in accordance with poli- in the case of systems described in paragraph the operations and assets under their con- cies, principles, standards, and guidelines de- (3). trol, including through— veloped by the Director, including— ‘‘(2) The systems described in this para- ‘‘(A) assessing the risk and magnitude of ‘‘(A) requirements for reporting security graph are systems that are operated by the the harm that could result from the unau- incidents to the Federal information secu- Department of Defense, a contractor of the thorized access, use, disclosure, disruption, rity incident center established under sec- Department of Defense, or another entity on modification, or destruction of such informa- tion 3556; behalf of the Department of Defense that tion or information systems; ‘‘(B) requirements for the contents of the processes any information the unauthorized ‘‘(B) determining the levels of information annual reports required to be submitted access, use, disclosure, disruption, modifica- security appropriate to protect such infor- under section 3554(c)(1); tion, or destruction of which would have a mation and information systems in accord- ‘‘(C) requirements for the mitigation of ex- debilitating impact on the mission of the De- ance with standards promulgated under sec- igent risks to information systems; and partment of Defense. tion 11331 of title 40, for information security ‘‘(D) other operational requirements as the ‘‘(3) The systems described in this para- classifications and related requirements; Director or Secretary, in consultation with graph are systems that are operated by an ‘‘(C) implementing policies and procedures the Director, may determine necessary; element of the intelligence community, a to cost-effectively reduce risks to an accept- ‘‘(3) monitoring agency implementation of contractor of an element of the intelligence able level; and information security policies and practices; community, or another entity on behalf of ‘‘(D) periodically testing and evaluating ‘‘(4) convening meetings with senior agen- an element of the intelligence community information security controls and techniques cy officials to help ensure effective imple- that processes any information the unau- to ensure that they are effectively imple- mentation of information security policies thorized access, use, disclosure, disruption, mented; and practices; modification, or destruction of which would ‘‘(3) delegate to the agency Chief Informa- ‘‘(5) coordinating Government-wide efforts have a debilitating impact on the mission of tion Officer established under section 3506 (or on information security policies and prac- an element of the intelligence community. comparable official in an agency not covered tices, including consultation with the Chief ‘‘(f) CONSIDERATION.— by such section) the authority to ensure Information Officers Council established ‘‘(1) IN GENERAL.—In carrying out the re- compliance with the requirements imposed under section 3603 and the Director of the sponsibilities under subsection (b), the Sec- on the agency under this subchapter, includ- National Institute of Standards and Tech- retary shall consider any applicable stand- ing— nology; ards or guidelines developed by the National ‘‘(A) designating a senior agency informa- ‘‘(6) providing operational and technical Institute of Standards and Technology and tion security officer who shall— assistance to agencies in implementing poli- issued by the Secretary of Commerce under ‘‘(i) carry out the Chief Information Offi- cies, principles, standards, and guidelines on section 11331 of title 40. cer’s responsibilities under this section; information security, including implementa- ‘‘(2) DIRECTIVES.—The Secretary shall— ‘‘(ii) possess professional qualifications, in- tion of standards promulgated under section ‘‘(A) consult with the Director of the Na- cluding training and experience, required to 11331 of title 40, including by— tional Institute of Standards and Technology administer the functions described under ‘‘(A) operating the Federal information se- regarding any binding operational directive this section; curity incident center established under sec- that implements standards and guidelines ‘‘(iii) have information security duties as tion 3556; developed by the National Institute of that official’s primary duty; and ‘‘(B) upon request by an agency, deploying Standards and Technology; and ‘‘(iv) head an office with the mission and technology to assist the agency to continu- ‘‘(B) ensure that binding operational direc- resources to assist in ensuring agency com- ously diagnose and mitigate against cyber tives issued under subsection (b)(2) do not pliance with this section;

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.039 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8996 CONGRESSIONAL RECORD — HOUSE December 10, 2014 ‘‘(B) developing and maintaining an agen- ‘‘(B) their responsibilities in complying tion systems before the date on which the in- cywide information security program as re- with agency policies and procedures designed cident occurred; quired by subsection (b); to reduce these risks; ‘‘(III) the status of compliance of the af- ‘‘(C) developing and maintaining informa- ‘‘(5) periodic testing and evaluation of the fected information systems with applicable tion security policies, procedures, and con- effectiveness of information security poli- security requirements at the time of the in- trol techniques to address all applicable re- cies, procedures, and practices, to be per- cident; and quirements, including those issued under formed with a frequency depending on risk, ‘‘(IV) the detection, response, and remedi- section 3553 of this title and section 11331 of but no less than annually, of which such ation actions; title 40; testing— ‘‘(ii) the total number of information secu- ‘‘(D) training and overseeing personnel ‘‘(A) shall include testing of management, rity incidents, including a description of in- with significant responsibilities for informa- operational, and technical controls of every cidents resulting in significant compromise tion security with respect to such respon- information system identified in the inven- of information security, system impact lev- sibilities; and tory required under section 3505(c); els, types of incident, and locations of af- ‘‘(E) assisting senior agency officials con- ‘‘(B) may include testing relied on in an fected systems; cerning their responsibilities under para- evaluation under section 3555; and ‘‘(iii) a description of each major informa- graph (2); ‘‘(C) shall include using automated tools, tion security incident that involved a breach ‘‘(4) ensure that the agency has trained consistent with standards and guidelines of personally identifiable information, as de- personnel sufficient to assist the agency in promulgated under section 11331 of title 40; fined by the Director, including— complying with the requirements of this sub- ‘‘(6) a process for planning, implementing, ‘‘(I) the number of individuals whose infor- chapter and related policies, procedures, evaluating, and documenting remedial ac- mation was affected by the major informa- standards, and guidelines; tion to address any deficiencies in the infor- tion security incident; and ‘‘(5) ensure that the agency Chief Informa- mation security policies, procedures, and ‘‘(II) a description of the information that tion Officer, in coordination with other sen- practices of the agency; was breached or exposed; and ior agency officials, reports annually to the ‘‘(7) procedures for detecting, reporting, ‘‘(iv) any other information as the Director agency head on the effectiveness of the agen- and responding to security incidents, or the Secretary, in consultation with the cy information security program, including which— Director, may require. progress of remedial actions; ‘‘(A) shall be consistent with the standards ‘‘(B) UNCLASSIFIED REPORT.— ‘‘(6) ensure that senior agency officials, in- and guidelines described in section 3556(b); ‘‘(i) IN GENERAL.—Each report submitted cluding chief information officers of compo- ‘‘(B) may include using automated tools; under subparagraph (A) shall be in unclassi- nent agencies or equivalent officials, carry and fied form, but may include a classified out responsibilities under this subchapter as ‘‘(C) shall include— annex. directed by the official delegated authority ‘‘(i) mitigating risks associated with such ‘‘(ii) ACCESS TO INFORMATION.—The head of under paragraph (3); and incidents before substantial damage is done; an agency shall ensure that, to the greatest ‘‘(7) ensure that all personnel are held ac- ‘‘(ii) notifying and consulting with the extent practicable, information is included countable for complying with the agency- Federal information security incident center in the unclassified version of the reports sub- wide information security program imple- established in section 3556; and mitted by the agency under subparagraph mented under subsection (b). ‘‘(iii) notifying and consulting with, as ap- (A). ‘‘(b) AGENCY PROGRAM.—Each agency shall propriate— ‘‘(2) OTHER PLANS AND REPORTS.—Each develop, document, and implement an agen- ‘‘(I) law enforcement agencies and relevant agency shall address the adequacy and effec- cy-wide information security program to Offices of Inspector General and Offices of tiveness of information security policies, provide information security for the infor- General Counsel; procedures, and practices in management mation and information systems that sup- ‘‘(II) an office designated by the President plans and reports. port the operations and assets of the agency, for any incident involving a national secu- ‘‘(d) PERFORMANCE PLAN.—(1) In addition including those provided or managed by an- rity system; to the requirements of subsection (c), each other agency, contractor, or other source, ‘‘(III) for a major incident, the committees agency, in consultation with the Director, that includes— of Congress described in subsection (c)(1)— shall include as part of the performance plan ‘‘(1) periodic assessments of the risk and ‘‘(aa) not later than 7 days after the date required under section 1115 of title 31 a de- magnitude of the harm that could result on which there is a reasonable basis to con- scription of— from the unauthorized access, use, disclo- clude that the major incident has occurred; ‘‘(A) the time periods; and sure, disruption, modification, or destruction and ‘‘(B) the resources, including budget, staff- of information and information systems that ‘‘(bb) after the initial notification under ing, and training, support the operations and assets of the item (aa), within a reasonable period of time that are necessary to implement the pro- agency, which may include using automated after additional information relating to the gram required under subsection (b). tools consistent with standards and guide- incident is discovered, including the sum- ‘‘(2) The description under paragraph (1) lines promulgated under section 11331 of title mary required under subsection (c)(1)(A)(i); shall be based on the risk assessments re- 40; and quired under subsection (b)(1). ‘‘(2) policies and procedures that— ‘‘(IV) any other agency or office, in accord- ‘‘(e) PUBLIC NOTICE AND COMMENT.—Each ‘‘(A) are based on the risk assessments re- ance with law or as directed by the Presi- agency shall provide the public with timely quired by paragraph (1); dent; and notice and opportunities for comment on ‘‘(B) cost-effectively reduce information ‘‘(8) plans and procedures to ensure con- proposed information security policies and security risks to an acceptable level; tinuity of operations for information sys- procedures to the extent that such policies ‘‘(C) ensure that information security is tems that support the operations and assets and procedures affect communication with addressed throughout the life cycle of each of the agency. the public. agency information system; and ‘‘(c) AGENCY REPORTING.— ‘‘§ 3555. Annual independent evaluation ‘‘(D) ensure compliance with— ‘‘(1) ANNUAL REPORT.— ‘‘(a) IN GENERAL.—(1) Each year each agen- ‘‘(i) the requirements of this subchapter; ‘‘(A) IN GENERAL.—Each agency shall sub- cy shall have performed an independent eval- ‘‘(ii) policies and procedures as may be pre- mit to the Director, the Secretary, the Com- uation of the information security program scribed by the Director, and information se- mittee on Government Reform, the Com- and practices of that agency to determine curity standards promulgated under section mittee on Homeland Security, and the Com- the effectiveness of such program and prac- 11331 of title 40; mittee on Science of the House of Represent- tices. ‘‘(iii) minimally acceptable system con- atives, the Committee on Homeland Security ‘‘(2) Each evaluation under this section figuration requirements, as determined by and Governmental Affairs and the Com- shall include— the agency; and mittee on Commerce, Science, and Transpor- ‘‘(A) testing of the effectiveness of infor- ‘‘(iv) any other applicable requirements, tation of the Senate, the appropriate author- mation security policies, procedures, and including standards and guidelines for na- ization and appropriations committees of practices of a representative subset of the tional security systems issued in accordance Congress, and the Comptroller General a re- agency’s information systems; with law and as directed by the President; port on the adequacy and effectiveness of in- ‘‘(B) an assessment of the effectiveness of ‘‘(3) subordinate plans for providing ade- formation security policies, procedures, and the information security policies, proce- quate information security for networks, fa- practices, including— dures, and practices of the agency; and cilities, and systems or groups of informa- ‘‘(i) a description of each major informa- ‘‘(C) separate presentations, as appro- tion systems, as appropriate; tion security incident or related sets of inci- priate, regarding information security relat- ‘‘(4) security awareness training to inform dents, including summaries of— ing to national security systems. personnel, including contractors and other ‘‘(I) the threats and threat actors, ‘‘(b) INDEPENDENT AUDITOR.—Subject to users of information systems that support vulnerabilities, and impacts relating to the subsection (c)— the operations and assets of the agency, of— incident; ‘‘(1) for each agency with an Inspector Gen- ‘‘(A) information security risks associated ‘‘(II) the risk assessments conducted under eral appointed under the Inspector General with their activities; and section 3554(a)(2)(A) of the affected informa- Act of 1978, the annual evaluation required

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.039 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8997 by this section shall be performed by the In- tion 3603, the Council of the Inspectors Gen- (1) develop guidance on what constitutes a spector General or by an independent exter- eral on Integrity and Efficiency, and other major incident for purposes of section 3554(b) nal auditor, as determined by the Inspector interested parties as appropriate, shall en- of title 44, United States Code, as added by General of the agency; and sure the development of guidance for evalu- subsection (a); and ‘‘(2) for each agency to which paragraph (1) ating the effectiveness of an information se- (2) provide to Congress periodic briefings does not apply, the head of the agency shall curity program and practices. on the status of the developing of the guid- engage an independent external auditor to ‘‘§ 3556. Federal information security incident ance until the date on which the guidance is perform the evaluation. center issued. ‘‘(c) NATIONAL SECURITY SYSTEMS.—For ‘‘(a) IN GENERAL.—The Secretary shall en- (c) CONTINUOUS DIAGNOSTICS.—During the 2 each agency operating or exercising control sure the operation of a central Federal infor- year period beginning on the date of enact- of a national security system, that portion mation security incident center to— ment of this Act, the Director of the Office of the evaluation required by this section di- ‘‘(1) provide timely technical assistance to rectly relating to a national security system of Management and Budget, with the assist- operators of agency information systems re- ance of the Secretary of Homeland Security, shall be performed— garding security incidents, including guid- ‘‘(1) only by an entity designated by the shall include in each report submitted under ance on detecting and handling information section 3553(c) of title 44, United States Code, agency head; and security incidents; as added by subsection (a), an assessment of ‘‘(2) in such a manner as to ensure appro- ‘‘(2) compile and analyze information the adoption by agencies of continuous priate protection for information associated about incidents that threaten information diagnostics technologies, including through with any information security vulnerability security; the Continuous Diagnostics and Mitigation in such system commensurate with the risk ‘‘(3) inform operators of agency informa- program, and other advanced security tools and in accordance with all applicable laws. tion systems about current and potential in- ‘‘(d) EXISTING EVALUATIONS.—The evalua- formation security threats, and to provide information security, including tion required by this section may be based in vulnerabilities; challenges to the adoption of such tech- whole or in part on an audit, evaluation, or ‘‘(4) provide, as appropriate, intelligence nologies or security tools. report relating to programs or practices of and other information about cyber threats, (d) BREACHES.— the applicable agency. vulnerabilities, and incidents to agencies to (1) REQUIREMENTS.—The Director of the Of- ‘‘(e) AGENCY REPORTING.—(1) Each year, assist in risk assessments conducted under fice of Management and Budget shall ensure not later than such date established by the section 3554(b); and that data breach notification policies and Director, the head of each agency shall sub- ‘‘(5) consult with the National Institute of guidelines are updated periodically and re- mit to the Director the results of the evalua- Standards and Technology, agencies or of- quire— tion required under this section. fices operating or exercising control of na- (A) except as provided in paragraph (4), no- ‘‘(2) To the extent an evaluation required tional security systems (including the Na- tice by the affected agency to each com- under this section directly relates to a na- tional Security Agency), and such other mittee of Congress described in section tional security system, the evaluation re- agencies or offices in accordance with law 3554(c)(1) of title 44, United States Code, as sults submitted to the Director shall contain and as directed by the President regarding added by subsection (a), the Committee on only a summary and assessment of that por- information security incidents and related the Judiciary of the Senate, and the Com- tion of the evaluation directly relating to a matters. mittee on the Judiciary of the House of Rep- national security system. ‘‘(b) NATIONAL SECURITY SYSTEMS.—Each resentatives, which shall— ‘‘(f) PROTECTION OF INFORMATION.—Agen- agency operating or exercising control of a cies and evaluators shall take appropriate (i) be provided expeditiously and not later national security system shall share infor- steps to ensure the protection of information than 30 days after the date on which the mation about information security inci- which, if disclosed, may adversely affect in- agency discovered the unauthorized acquisi- dents, threats, and vulnerabilities with the tion or access; and formation security. Such protections shall Federal information security incident center be commensurate with the risk and comply (ii) include— to the extent consistent with standards and (I) information about the breach, including with all applicable laws and regulations. guidelines for national security systems, ‘‘(g) OMB REPORTS TO CONGRESS.—(1) The a summary of any information that the issued in accordance with law and as di- Director shall summarize the results of the agency knows on the date on which notifica- rected by the President. evaluations conducted under this section in tion is provided about how the breach oc- the report to Congress required under sec- ‘‘§ 3557. National security systems curred; tion 3553(c). ‘‘The head of each agency operating or ex- (II) an estimate of the number of individ- ‘‘(2) The Director’s report to Congress ercising control of a national security sys- uals affected by the breach, based on infor- under this subsection shall summarize infor- tem shall be responsible for ensuring that mation that the agency knows on the date mation regarding information security relat- the agency— on which notification is provided, including ing to national security systems in such a ‘‘(1) provides information security protec- an assessment of the risk of harm to affected manner as to ensure appropriate protection tions commensurate with the risk and mag- individuals; for information associated with any informa- nitude of the harm resulting from the unau- (III) a description of any circumstances ne- tion security vulnerability in such system thorized access, use, disclosure, disruption, cessitating a delay in providing notice to af- commensurate with the risk and in accord- modification, or destruction of the informa- fected individuals; and ance with all applicable laws. tion contained in such system; (IV) an estimate of whether and when the ‘‘(3) Evaluations and any other descrip- ‘‘(2) implements information security poli- agency will provide notice to affected indi- tions of information systems under the au- cies and practices as required by standards viduals; and thority and control of the Director of Na- and guidelines for national security systems, (B) notice by the affected agency to af- tional Intelligence or of National Foreign In- issued in accordance with law and as di- fected individuals, pursuant to data breach telligence Programs systems under the au- rected by the President; and notification policies and guidelines, which thority and control of the Secretary of De- ‘‘(3) complies with the requirements of this shall be provided as expeditiously as prac- fense shall be made available to Congress subchapter. ticable and without unreasonable delay after only through the appropriate oversight com- ‘‘§ 3558. Effect on existing law the agency discovers the unauthorized acqui- mittees of Congress, in accordance with ap- ‘‘Nothing in this subchapter, section 11331 sition or access. plicable laws. of title 40, or section 20 of the National (2) NATIONAL SECURITY; LAW ENFORCEMENT; ‘‘(h) COMPTROLLER GENERAL.—The Comp- Standards and Technology Act (15 U.S.C. REMEDIATION.—The Attorney General, the troller General shall periodically evaluate 278g–3) may be construed as affecting the au- head of an element of the intelligence com- and report to Congress on— thority of the President, the Office of Man- munity (as such term is defined under sec- ‘‘(1) the adequacy and effectiveness of agement and Budget or the Director thereof, tion 3(4) of the National Security Act of 1947 agency information security policies and the National Institute of Standards and (50 U.S.C. 3003(4)), or the Secretary of Home- practices; and Technology, or the head of any agency, with land Security may delay the notice to af- ‘‘(2) implementation of the requirements of respect to the authorized use or disclosure of fected individuals under paragraph (1)(B) if this subchapter. information, including with regard to the the notice would disrupt a law enforcement ‘‘(i) ASSESSMENT TECHNICAL ASSISTANCE.— protection of personal privacy under section investigation, endanger national security, or The Comptroller General may provide tech- 552a of title 5, the disclosure of information hamper security remediation actions. nical assistance to an Inspector General or under section 552 of title 5, the management (3) REPORTS.— the head of an agency, as applicable, to as- and disposition of records under chapters 29, (A) DIRECTOR OF OMB.—During the first 2 sist the Inspector General or head of an 31, or 33 of title 44, the management of infor- years beginning after the date of enactment agency in carrying out the duties under this mation resources under subchapter I of chap- of this Act, the Director of the Office of Man- section, including by testing information se- ter 35 of this title, or the disclosure of infor- agement and Budget shall, on an annual curity controls and procedures. mation to the Congress or the Comptroller basis— ‘‘(j) GUIDANCE.—The Director, in consulta- General of the United States.’’. (i) assess agency implementation of data tion with the Secretary, the Chief Informa- (b) MAJOR INCIDENT.—The Director of the breach notification policies and guidelines in tion Officers Council established under sec- Office of Management and Budget shall— aggregate; and

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.039 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H8998 CONGRESSIONAL RECORD — HOUSE December 10, 2014 (ii) include the assessment described in (A) in section 2222(j)(5), by striking ‘‘sec- the bill, H.R. 5771, the Clerk of the House clause (i) in the report required under sec- tion 3542(b)(2)’’ and inserting ‘‘section shall amend subsection (a) of section 1 of Di- tion 3553(c) of title 44, United States Code. 3552(b)(5)’’; vision B (relating to Achieving a Better Life (B) SECRETARY OF HOMELAND SECURITY.— (B) in section 2223(c)(3), by striking ‘‘sec- Experience Act of 2014) to read as follows: During the first 2 years beginning after the tion 3542(b)(2)’’ and inserting ‘‘section ‘‘(a) SHORT TITLE.—This division may be date of enactment of this Act, the Secretary 3552(b)(5)’’; and cited as the ‘Stephen Beck, Jr., Achieving a of Homeland Security shall include an as- (C) in section 2315, by striking ‘‘section Better Life Experience Act of 2014’ or the sessment of the status of agency implemen- 3542(b)(2)’’ and inserting ‘‘section 3552(b)(5)’’. ‘Stephen Beck, Jr., ABLE Act of 2014’.’’. tation of data breach notification policies (f) OTHER PROVISIONS.— The concurrent resolution was agreed and guidelines in the requirements under (1) CIRCULAR A–130.—Not later than 1 year section 3553(b)(2)(B) of title 44, United States after the date of enactment of this Act, the to. Code. Director of the Office of Management and A motion to reconsider was laid on (4) EXCEPTION.—Any element of the intel- Budget shall amend or revise Office of Man- the table. ligence community (as such term is defined agement and Budget Circular A–130 to elimi- f under section 3(4) of the National Security nate inefficient or wasteful reporting. The Act of 1947 (50 U.S.C. 3003(4)) that is required Director of the Office of Management and SUPPORTING AMERICA’S to provide notice under paragraph (1)(A) Budget shall provide quarterly briefings to CHARITIES ACT shall only provide such notice to appropriate Congress on the status of the amendment or Mr. CAMP. Mr. Speaker, I move to committees of Congress. revision required under this paragraph. (5) RULE OF CONSTRUCTION.—Nothing in (2) ISPAB.—Section 21(b) of the National suspend the rules and pass the bill paragraph (1) shall be construed to alter any Institute of Standards and Technology Act (H.R. 5806) to amend the Internal Rev- authority of a Federal agency or depart- (15 U.S.C. 278g–4(b)) is amended— enue Code of 1986 to modify and make ment. (A) in paragraph (2), by inserting ‘‘, the permanent certain expiring provisions (e) TECHNICAL AND CONFORMING AMEND- Secretary of Homeland Security,’’ after ‘‘the related to charitable contributions. MENTS.— Institute’’; and The Clerk read the title of the bill. (1) TABLE OF SECTIONS.—The table of sec- (B) in paragraph (3), by inserting ‘‘the Sec- The text of the bill is as follows: tions for chapter 35 of title 44, United States retary of Homeland Security,’’ after ‘‘the Code is amended by striking the matter re- Secretary of Commerce,’’. H.R. 5806 lating to subchapters II and III and inserting The bill was ordered to be read a Be it enacted by the Senate and House of Rep- the following: resentatives of the United States of America in ‘‘SUBCHAPTER II—INFORMATION SECURITY third time, was read the third time, Congress assembled, and passed, and a motion to reconsider ‘‘3551. Purposes. SECTION 1. SHORT TITLE. ‘‘3552. Definitions. was laid on the table. This Act may be cited as the ‘‘Supporting ‘‘3553. Authority and functions of the Direc- f America’s Charities Act’’. tor and the Secretary. ‘‘3554. Federal agency responsibilities. DIRECTING THE CLERK OF THE SEC. 2. SPECIAL RULE FOR QUALIFIED CON- ‘‘3555. Annual independent evaluation. SERVATION CONTRIBUTIONS MODI- HOUSE OF REPRESENTATIVES FIED AND MADE PERMANENT. ‘‘3556. Federal information security incident TO MAKE A CORRECTION IN THE center. (a) MADE PERMANENT.— ‘‘3557. National security systems. ENROLLMENT OF THE BILL H.R. (1) INDIVIDUALS.—Section 170(b)(1)(E) of the ‘‘3558. Effect on existing law.’’. 3979 Internal Revenue Code of 1986 is amended by (2) CYBERSECURITY RESEARCH AND DEVELOP- Mr. MCKEON. Mr. Speaker, I send to striking clause (vi). MENT ACT.—Section 8(d)(1) of the Cybersecu- the desk a concurrent resolution and (2) CORPORATIONS.—Section 170(b)(2)(B) of such Code is amended by striking clause (iii). rity Research and Development Act (15 ask unanimous consent for its imme- U.S.C. 7406) is amended by striking ‘‘section (b) CONTRIBUTIONS OF CAPITAL GAIN REAL 3534’’ and inserting ‘‘section 3554’’. diate consideration in the House PROPERTY MADE FOR CONSERVATION PUR- (3) HOMELAND SECURITY ACT OF 2002.—The The Clerk read the title of the con- POSES BY NATIVE CORPORATIONS.— Homeland Security Act of 2002 (6 U.S.C. 101 current resolution. (1) IN GENERAL.—Section 170(b)(2) of such et seq.) is amended— The SPEAKER pro tempore. Is there Code is amended by redesignating subpara- (A) in section 223 (6 U.S.C. 143) objection to the request of the gen- graph (C) as subparagraph (D), and by insert- (i) in the section heading, by inserting tleman from California? ing after subparagraph (B) the following new ‘‘FEDERAL AND’’ before ‘‘NON-FEDERAL’’; There was no objection. subparagraph: (ii) in the matter preceding paragraph (1), The text of the concurrent resolution ‘‘(C) QUALIFIED CONSERVATION CONTRIBU- by striking ‘‘the Under Secretary for Intel- is as follows: TIONS BY CERTAIN NATIVE CORPORATIONS.— ligence and Analysis, in cooperation with the ‘‘(i) IN GENERAL.—Any qualified conserva- H. CON. RES. 123 Assistant Secretary for Infrastructure Pro- tion contribution (as defined in subsection tection’’ and inserting ‘‘the Under Secretary Resolved by the House of Representatives (the (h)(1)) which— appointed under section 103(a)(1)(H)’’; Senate concurring), That, in the enrollment of ‘‘(I) is made by a Native Corporation, and (iii) in paragraph (2), by striking the period the bill H.R. 3979, the Clerk of the House of ‘‘(II) is a contribution of property which at the end and inserting ‘‘; and’’; and Representatives shall make the following was land conveyed under the Alaska Native (iv) by adding at the end the following: correction: In section 1207(e)(2), strike ‘‘cat- Claims Settlement Act, egories I, II, III, VII, and X’’ and insert ‘‘cat- ‘‘(3) fulfill the responsibilities of the Sec- shall be allowed to the extent that the aggre- egories I, II, III, VII, X, XI, and XIII’’. retary to protect Federal information sys- gate amount of such contributions does not tems under subchapter II of chapter 35 of The concurrent resolution was agreed exceed the excess of the taxpayer’s taxable title 44, United States Code.’’; to. income over the amount of charitable con- (B) in section 1001(c)(1)(A) (6 U.S.C. A motion to reconsider was laid on tributions allowable under subparagraph (A). 511(c)(1)(A)), by striking ‘‘section 3532(3)’’ the table. ‘‘(ii) CARRYOVER.—If the aggregate amount and inserting ‘‘section 3552(b)(5)’’; and of contributions described in clause (i) ex- f (C) in the table of contents in section 1(b), ceeds the limitation of clause (i), such excess by striking the item relating to section 223 PROVIDING FOR A CORRECTION IN shall be treated (in a manner consistent with and inserting the following: THE ENROLLMENT OF H.R. 5771 the rules of subsection (d)(2)) as a charitable ‘‘Sec. 223. Enhancement of Federal and non- contribution to which clause (i) applies in Federal cybersecurity.’’. Mr. CAMP. Mr. Speaker, I send to the each of the 15 succeeding years in order of (4) NATIONAL INSTITUTE OF STANDARDS AND desk a concurrent resolution and ask time. TECHNOLOGY ACT.—Section 20 of the National unanimous consent for its immediate ‘‘(iii) NATIVE CORPORATION.—For purposes Institute of Standards and Technology Act consideration in the House. of this subparagraph, the term ‘Native Cor- (15 U.S.C. 278g–3) is amended— The Clerk read the title of the con- poration’ has the meaning given such term (A) in subsection (a)(2), by striking ‘‘sec- current resolution. by section 3(m) of the Alaska Native Claims tion 3532(b)(2)’’ and inserting ‘‘section The SPEAKER pro tempore. Is there Settlement Act.’’. 3552(b)(5)’’; and objection to the request of the gen- (2) CONFORMING AMENDMENT.—Section (B) in subsection (e)— tleman from Michigan? 170(b)(2)(A) of such Code is amended by strik- (i) in paragraph (2), by striking ‘‘section There was no objection. ing ‘‘subparagraph (B) applies’’ and inserting 3532(1)’’ and inserting ‘‘section 3552(b)(2)’’; The text of the concurrent resolution ‘‘subparagraph (B) or (C) applies’’. and (3) VALID EXISTING RIGHTS PRESERVED.— (ii) in paragraph (5), by striking ‘‘section is as follows: Nothing in this subsection (or any amend- 3532(b)(2)’’ and inserting ‘‘section 3552(b)(5)’’. H. CON. RES. 124 ment made by this subsection) shall be con- (5) TITLE 10.—Title 10, United States Code, Resolved by the House of Representatives (the strued to modify the existing property rights is amended— Senate concurring), That in the enrollment of validly conveyed to Native Corporations

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.039 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H8999 (within the meaning of section 3(m) of the food items (as to both type and quality) are that benefit from their work and make Alaska Native Claims Settlement Act) under sold by the taxpayer at the time of the con- these policies permanent. such Act. tribution (or, if not so sold at such time, in What our charities do in America is (c) EFFECTIVE DATE.—The amendments the recent past).’’. beyond the power of government to made by this section shall apply to contribu- (e) EFFECTIVE DATE.— tions made in taxable years beginning after (1) IN GENERAL.—Except as otherwise pro- give. December 31, 2013. vided in this subsection, the amendments Now, we were close to reaching a bi- SEC. 3. EXTENSION AND EXPANSION OF CHARI- made by this section shall apply to contribu- partisan deal with the Senate that TABLE DEDUCTION FOR CONTRIBU- tions made after December 31, 2013, in tax- would have made them permanent, but TIONS OF FOOD INVENTORY. able years ending after such date. the President decided to play politics (a) PERMANENT EXTENSION.—Section (2) LIMITATION; APPLICABILITY TO C COR- and issue a veto threat. Just 2 days be- 170(e)(3)(C) of the Internal Revenue Code of PORATIONS.—The amendments made by sub- 1986 is amended by striking clause (iv). fore Thanksgiving, the President an- section (b) shall apply to contributions made nounced that he considers a policy that (b) INCREASE IN LIMITATION.—Section in taxable years beginning after December 170(e)(3)(C) of such Code, as amended by sub- 31, 2013. encourages donations to food banks to section (a), is amended by striking clause be a giveaway to big corporations. I (ii), by redesignating clause (iii) as clause SEC. 4. RULE ALLOWING CERTAIN TAX-FREE DIS- TRIBUTIONS FROM INDIVIDUAL RE- would like to see the President travel (iv), and by inserting after clause (i) the fol- TIREMENTS ACCOUNTS FOR CHARI- to see the West Midland Family Center lowing new clauses: TABLE PURPOSES MADE PERMA- food pantry in my district and tell ‘‘(ii) LIMITATION.—The aggregate amount NENT. them that they are a corporate give- of such contributions for any taxable year (a) IN GENERAL.—Section 408(d)(8) of the In- which may be taken into account under this ternal Revenue Code of 1986 is amended by away. section shall not exceed— striking subparagraph (F). The Supporting America’s Charities ‘‘(I) in the case of any taxpayer other than (b) EFFECTIVE DATE.—The amendment Act, H.R. 5806, fixes what the adminis- a C corporation, 15 percent of the taxpayer’s made by this section shall apply to distribu- tration and some Senators decided not aggregate net income for such taxable year tions made in taxable years beginning after to. This legislation will ultimately in- from all trades or businesses from which December 31, 2013. crease charitable giving by making such contributions were made for such year, SEC. 5. BUDGETARY EFFECTS. computed without regard to this section, and these policies permanent and enabling (a) PAYGO SCORECARD.—The budgetary ef- charities to better serve those in need. ‘‘(II) in the case of a C corporation, 15 per- fects of this Act shall not be entered on ei- cent of taxable income (as defined in sub- ther PAYGO scorecard maintained pursuant These bipartisan proposals previously section (b)(2)(D)). to section 4(d) of the Statutory Pay-As-You- passed the House in July of this year as ‘‘(iii) RULES RELATED TO LIMITATION.— Go Act of 2010. part of the America Gives More Act ‘‘(I) CARRYOVER.—If such aggregate (b) SENATE PAYGO SCORECARD.—The budg- and continue to experience unrivaled amount exceeds the limitation imposed etary effects of this Act shall not be entered support from organizations nationwide. under clause (ii), such excess shall be treated on any PAYGO scorecard maintained for In fact, more than 1,000 charitable or- (in a manner consistent with the rules of purposes of section 201 of S. Con. Res. 21 subsection (d)) as a charitable contribution ganizations—1,032, to be exact—have (110th Congress). written every Member of Congress in described in clause (i) in each of the 5 suc- The SPEAKER pro tempore. Pursu- ceeding years in order of time. support of the permanent tax incen- ‘‘(II) COORDINATION WITH OVERALL COR- ant to the rule, the gentleman from tives. PORATE LIMITATION.—In the case of any char- Michigan (Mr. CAMP) and the gen- Take, for example, a joint letter au- itable contribution allowable under clause tleman from Michigan (Mr. LEVIN) each thored in July by five of America’s (ii)(II), subsection (b)(2)(A) shall not apply to will control 20 minutes. leading charitable organizations. In such contribution, but the limitation im- The Chair recognizes the gentleman discussing their unanimous support for posed by such subsection shall be reduced from Michigan (Mr. CAMP). the America Gives More Act, they said: (but not below zero) by the aggregate GENERAL LEAVE amount of such contributions. For purposes ‘‘The charitable giving incentives of subsection (b)(2)(B), such contributions Mr. CAMP. Mr. Speaker, I ask unani- being considered by the House have en- shall be treated as allowable under sub- mous consent that all Members have 5 couraged individuals and small busi- section (b)(2)(A).’’. legislative days in which to revise and nesses to actively support the develop- (c) DETERMINATION OF BASIS FOR CERTAIN extend their remarks and to include ex- ment and sustainability of our society. TAXPAYERS.—Section 170(e)(3)(C) of such traneous material on the subject of the They have spurred contributions, for Code, as amended by subsections (a) and (b), bill under consideration. example, to build health centers, de- is amended by adding at the end the fol- The SPEAKER pro tempore. Is there lowing new clause: velop counseling programs for at-risk objection to the request of the gen- ‘‘(v) DETERMINATION OF BASIS FOR CERTAIN youth, provide nutrition assistance to TAXPAYERS.—If a taxpayer— tleman from Michigan? hungry children, conserve land, and ‘‘(I) does not account for inventories under There was no objection. offer art therapy for people with devel- section 471, and Mr. CAMP. Mr. Speaker, I yield my- opmental disabilities.’’ ‘‘(II) is not required to capitalize indirect self such time as I may consume. costs under section 263A, Mr. Speaker, we find ourselves here b 1730 the taxpayer may elect, solely for purposes today to once again address a group of Mr. Speaker, I don’t think I am alone of subparagraph (B), to treat the basis of any tax provisions that need to be made when I say this: policies that prompt apparently wholesome food as being equal to permanent, this time for the sake of donations to health centers, youth 25 percent of the fair market value of such food.’’. those who give to and ultimately ben- counseling programs, and therapy for (d) DETERMINATION OF FAIR MARKET efit from charitable organizations. people with disabilities are not give- VALUE.—Section 170(e)(3)(C) of such Code, as Every day, selfless Americans nation- aways to corporate America. amended by subsections (a), (b), and (c), is wide decide to donate in support of an Mr. Speaker, just today, I was at amended by adding at the end the following array of causes, be it finding a cure for Walter Reed Hospital visiting the brain new clause: cancer, helping underprivileged chil- trauma center there that was built for ‘‘(vi) DETERMINATION OF FAIR MARKET dren succeed in school, or simply pro- our wounded warriors. It was made pos- VALUE.—In the case of any such contribution viding a meal and shelter that, for sible through private donations and of apparently wholesome food which cannot or will not be sold solely by reason of inter- some, is hard to come by. then made as a gift to the United nal standards of the taxpayer, lack of mar- Countless Americans dedicate their States Government for those men and ket, or similar circumstances, or by reason lives to these causes and serving their women who have served so valiantly in of being produced by the taxpayer exclu- friends and neighbors in need. The our military. That is the kind of giving sively for the purposes of transferring the three charitable policies in this legisla- we need to encourage. That is the kind food to an organization described in subpara- tion can provide tremendous support of giving this legislation would encour- graph (A), the fair market value of such con- for those good works. However, because age. tribution shall be determined— these policies are only temporary, they As I said last week, the end of the ‘‘(I) without regard to such internal stand- ards, such lack of market, such cir- are not nearly as effective as they can year is fast approaching, and a new cumstances, or such exclusive purpose, and or should be. It is well past time that tax-filing season is just around the cor- ‘‘(II) by taking into account the price at Congress takes the necessary action to ner. Now is not the time for those who which the same or substantially the same support America’s charities and those selflessly donate to wonder what tax

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.041 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9000 CONGRESSIONAL RECORD — HOUSE December 10, 2014 surprises are waiting for them, no more thought of Chairman CAMP’s com- The administration wants to work with the than it is the time for charitable orga- prehensive bill—and we had some ques- Congress to make progress on measures that nizations to grow uncertain about their tions about it, but never questioning strengthen America’s charitable sector. futures. the fact that it took some hard work However, H.R. 5806 represents the wrong ap- proach. There is no goodwill like that of an and I think some courage to put these If the President were presented with H.R. American, and as Representatives of provisions into the context of com- 5806, his senior advisers would recommend this great Nation, we should do every- prehensive tax reform, and so it is that he veto the bill. thing in our power to encourage indi- counterintuitive in a way to just pick Mr. Speaker, I reserve the balance of viduals to give more and help chari- these three up and to make them per- my time. table organizations expand their reach manent unpaid for. Mr. CAMP. Mr. Speaker, I yield my- nationwide. Let me just read the Statement of self such time as I may consume. Mr. Speaker, as the giving spirit of Administration Policy if I might. I just I would say, Mr. Speaker, I have lis- the holiday season is around us, I urge hope it sets to rest any claim that this tened very carefully to what the gen- my friends on both sides of the aisle is about politics because as an original tleman from Michigan said. I have lis- and both Houses of Congress to look at sponsor of one of these bills, I can just tened to the statement that he read. I the policies—not the politics—look at emphasize what propelled me to pro- have actually read the statement of the policies here and support those who pose it to all the food pantries I went the administration’s position myself. I give and support those who are in need to and to all of the church groups I see nothing in that that gives any by voting ‘‘yes’’ on H.R. 5806. went to who were providing food, to Member a reason to vote ‘‘no.’’ Mr. Speaker, I reserve the balance of the businesspeople I talked with who Let me just say Feeding America es- my time. were essentially donating food, to their timates that H.R. 5806, this bill we are Mr. LEVIN. Mr. Speaker, I yield my- credit, that they couldn’t sell and to debating tonight, would create 100 mil- self such time as I shall consume. doing so in a way that it was timely lion new meals a year. Frankly, I Mr. Speaker, let me make clear at and so that the foods were very easily would say to my friend from Michigan: the outset that this isn’t a debate edible and readily so. if you are hungry, you can’t wait. Let’s about the excellent work of charities With that spirit—and I hope talking do this now. or foundations or their vital role in our about the spirit of the season—this ad- Mr. Speaker, I would say in response society. This House has already taken ministration policy, I hope with that to reading a statement of administra- action to provide for the three provi- spirit it will be received. I quote from tion position that the President has re- sions included in this bill for this it: year’s tax returns as part of the broad peatedly said, ‘‘Send me bipartisan The administration supports measures measures that we can work on to- extender bill that passed last week. that enhance nonprofits, philanthropic orga- When the chairman talks about no nizations, and faith-based and other commu- gether,’’ there is no more bipartisan surprises, we have already passed nity organizations in their many roles, in- issue than helping America’s charities through the House and what will be- cluding as a safety net for those most in help the needy, help those who are hun- come law is an extender bill that need, an economic engine for job creation, a gry, and help those without housing. makes it clear for this tax season that tool for environmental conservation that en- In Michigan, our home State, we these provisions are in effect. There is courages land protections for current and fu- have a pilot program with a cereal ture generations, and an incubator of inno- no doubt about that. Everyone who manufacturer that is capturing excess vation to foster solutions to some of the Na- breakfast products. Over 20,000 pounds voted in favor of the package has al- tion’s toughest challenges. The President’s ready ensured that taxpayers can ben- Budget includes a number of proposals that of food per week are donated. If the tax efit from these provisions this year. would enhance and simplify charitable giv- law was changed, H.R. 5806, seven times Look, this isn’t about politics. ing incentives for many individuals. that amount would be donated by the Frankly, as the lead sponsor originally However, the administration strongly op- company, by the private sector, filling of one of these bills, I find objection- poses passage of H.R. 5806, which would per- a need that the government is not able any reference to politics. I spon- manently extend three current provisions meeting. A lot of hungry kids don’t al- that offer enhanced tax breaks for certain sored that bill regarding food contribu- ways get meals outside of school, so donations. As the administration stated they take this cereal home in their tions because of my belief that many when strongly opposing similar legislation people wanted to contribute to help this past July, if this same, unprecedented backpacks for weekends. supply nutrition. approach of making certain traditional tax There is no reason to wait. Let’s do When the President issued his State- extenders permanent without offsets were this now. Look, we passed a 1-year ment of Administration Policy, there followed for the other traditional tax extend- measure on all these other things. That was no politics at all, zero. He had ers, it would add $500 billion or more to defi- only gives us 2 weeks. For a lot of made that clear in July. I think it is cits over the next 10 years, wiping out most these charitable provisions, they need of the deficit reduction achieved through the incredible—let me leave it at that— a longer window. They need more cer- American Taxpayer Relief Act of 2012. Ear- tainty to put these programs in place that anyone would say that politics has lier this year, House Republicans themselves anything to do with this issue. As I passed a budget resolution that required off- and to put the distribution systems in said, these provisions are already going setting any tax extenders that were made place to get the food and the resources to be available for taxpayers in this tax permanent with other revenue measures. to people in need. season. As with other similar proposals, Repub- I yield such time as he may consume What this is about, Mr. Speaker, is licans are imposing a double standard by to the distinguished gentleman from fiscal responsibility and fiscal prior- adding to the deficit to continue tax breaks, Pennsylvania (Mr. GERLACH), a distin- ities. What this bill does is take three while insisting on offsetting the proposed ex- guished member of the Ways and tension of emergency unemployment bene- provisions out of the many in the ex- fits and the discretionary funding increases Means Committee. tender bill—three—leaving aside for defense and nondefense priorities such as Mr. GERLACH. Mr. Speaker, I thank whether it is R&D, leaving aside research and development in the Bipartisan the chairman for his leadership in whether it is the education provision, Budget Act of 2013. House Republicans are bringing this legislation to the floor. leaving aside whether it is the child also making clear their priorities by rushing I had some prepared remarks that I tax credit that would expire in terms of to make these tax cuts permanent without want to give relative to the conserva- its improvements in a couple of years, offsets even as the House Republican budget tion easement part of this legislation what this does is to take just these resolution calls for raising taxes on 26 mil- because it is a hugely important issue lion working families and students by letting three, important as they are, and say important improvements to the EITC, the to the people in southeastern Pennsyl- that we are going to make those per- earned income tax credit, the child tax cred- vania and many, many other States as manent without paying one dime for it, and education tax credits expire. well because through conservation them, not one dime, adding $11 billion The administration wants to work with the easement transactions, tens of thou- to the debt. Congress to make progress on measures that sands of acres are preserved through- I must say—and we have had some strengthen America’s charitable sector. out the course of a year in a metropoli- back and forth on this—whatever one I want to repeat that. tan region like Philadelphia and other

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.076 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9001 places around the country that pre- lation to make a permanent change in sist taxpayers with their tax planning serves the habitat, the watersheds, pre- the Tax Code, and that is something we while helping to advance their chari- serves the natural resources of that can all reflect on in the 113th Congress table goals. Charitable deductions are area, allows farmers to keep farming, as one time, one place, one bill we designed to encourage charitable giv- allows people to hold on to the great could come together on and help our ing by lowering the cost to privately open space that creates the vistas and communities and help our charities. So support charitable organizations. It the quality of life that people want to I ask all of our colleagues to support also recognizes the amounts of income have in their communities. this legislation. voluntarily given to charity should be I had my prepared remarks ready to Mr. LEVIN. I yield 3 minutes to the treated differently from most other in- go to talk about why that is important gentleman from Illinois (Mr. DANNY K. come spent or otherwise used for per- once again to try to pass legislation to DAVIS), another member of our com- sonal benefit. allow for at least some period of time mittee. I urge my colleagues to vote for this to allow for those transactions to go Mr. DANNY K. DAVIS of Illinois. Mr. bill, and I hope that the Senate does forward because of the tax deduct- Speaker, let me thank the gentleman the same. ibility that would be present in the Tax from Michigan for yielding. Mr. LEVIN. Mr. Speaker, I yield my- Code. Let me be clear, I yield to no one in self such time as I may consume. But in listening to our colleague terms of my support for programs and The way we have acted here, tax- from Michigan a few minutes ago, to activities to help those who are in payers will be able to use the IRA roll- somehow throw out the proposal that need. I ardently support Federal tax over for this tax season. That is for since we passed this already a few policies that support charities. sure. People who want to make dona- weeks ago in a 1-year extension—that 1 I have hundreds of charities and tions, however they do it, relating to year being 2014, the year we are already foundations in my congressional dis- nutrition and food will be able to do in, also the year that is going to expire trict, and even more throughout the that for this tax year. in 21 days—to say somehow at this State of Illinois. They all provide tre- So the issue is not whether we care point in time of this legislative ses- mendous support to individuals in much about those provisions. As I said, sion, that is okay, that is how we will great need. But I don’t believe that as someone who has worked so hard in take care of conservation easements in this bill is necessary at this moment in terms of nutrition policy, food dona- the future, we will pass the 1-year ex- order to provide those services. tions, who has been to so many pan- tension as we did in the House, send it I am disappointed and cannot support tries, who has been to Forgotten Har- to the Senate, it will go ultimately to this irresponsible bill that adds to the vest, worked with them, and Gleaners the President, look at the great job we deficit. The Republican leadership in southeast Michigan, I know how im- did for conservation easements here in talks a great deal about fiscal prudence portant it is that these contributions the United States, we gave them 21 and even requires in their budget reso- continue. They will under the action of more days’ worth of decisionmaking lution that any tax extender made per- this Congress. time to determine whether or not they manent be offset with other revenue That is not the question. The ques- want to move forward with a trans- measures. tion is whether this institution will action that will conserve open space Republican leadership easily could take three provisions out of the ex- and farmland around our country, that have paid for this bill by closing a tax tenders bill that we passed and make is pitiful in all due respect to all of our loophole or two. Republican leadership them permanent, unpaid for—unpaid colleagues here in the House. easily could have brought up this bill for—permanent and unpaid for, in- Mr. Speaker, we have legislation that under a rule that allowed an offset to creasing the deficit by $11 billion with- has hundreds of cosponsors, Republican be added. Instead, they have chosen to out giving the same consideration to and Democrat here in the House. We add to the deficit in a political ploy. every other single provision in the ex- have that same kind of bipartisan sup- So I say again, Mr. Speaker, and I tender bill, whether it is education or port in the Senate. pledge to my constituents and to the research and development and so many We have charities all around the charitable organizations to work in a other provisions that also have some United States calling in to Congress bipartisan way to advance charitable urgency to them. asking that this legislation be passed. benefits. However, I cannot support No, I don’t think anybody should Regardless of whether they are a group this irresponsible bill. The President worry here about voting ‘‘no’’ and hav- involved in conservation easements or has issued a veto threat, and I support ing challenge by anybody to their dedi- in other charitable pursuits like food the President. cation to tax policies that give people banks or the IRA issue, they want us to Mr. CAMP. I yield such time as she incentive to give to charities, to foun- do something that we finally can agree may consume to the gentlewoman from dations, or to nutrition programs, or to do and get it done by the end of the Kansas (Ms. JENKINS), a distinguished their dedication in terms of conserva- year. member of the Ways and Means Com- tion. mittee. What the majority has decided to do b 1745 Ms. JENKINS. Mr. Speaker, I would is to take, as I said, out of the extender I don’t think that is too much to ask like to thank the gentleman for yield- bill three provisions, knowing that the for Congress to do. Here we have the ing, and I would like to thank him for President would veto them, I guess try- bill right in front of us that, on a wide his leadership on this issue and so ing to score points against the Presi- bipartisan basis, is supported in the many others during his esteemed ca- dent instead of scoring points for those House and the Senate. We can pass it reer here in the people’s House. He will whose programs are in question here. to make it a permanent part of the Tax be greatly missed as he retires at the So that is what this is all about. I Code so these groups can plan in the fu- end of this Congress. want to close by just urging everyone ture and these individuals can plan in I rise today in support of H.R. 5806, who votes ‘‘no’’ here, you can say with the future for how they want to help the Supporting America’s Charities total honesty that you have voted for their charities in their communities. It Act. This bill reflects the good work legislation that makes sure for this tax is right before us, and yet we still have that has been done in the Ways and season, like for all other extenders, opposition to basically coming to- Means Committee during the 113th that people will be able in this case to gether to do what we all want to do to Congress. It makes permanent impor- give contributions, to deduct them, to begin with. We need to really look our- tant provisions that would continue to roll over their IRAs, whatever. It will selves in the mirror here over the next allow taxpayers to make contributions be up to the citizen to make that deci- 24 hours and really think about why we from their IRAs to charities, contribu- sion. We are providing that oppor- are here in Congress. tions to food inventory, and contribu- tunity for citizens. I would hope, regardless of your tions of conservation easements on a Anyone who tries to undermine the party affiliation, you have a wonderful tax-preferred basis. deep dedication of anyone on this side opportunity to help the charities in In the case of these three important or the President of the United States your community by passing this legis- provisions, greater permanency will as- to the importance of charity I think is

VerDate Sep 11 2014 06:55 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.077 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9002 CONGRESSIONAL RECORD — HOUSE December 10, 2014 doing a real disservice to the Nation area and find out what works. As we Sec. 207. Tuition assistance program cov- and to themselves—and to themselves. know, government isn’t the most inno- erage of textbooks and other I urge a ‘‘no’’ vote. vative in this area. That is why these educational materials. I yield back the balance of my time. are important to do now. Sec. 208. Coast Guard housing. Mr. CAMP. I yield myself the balance Sec. 209. Lease authority. I think especially in this season of Sec. 210. Notification of certain determina- of my time. giving we shouldn’t just vote because tions. Mr. Speaker, I would just say briefly, our leaders tell us to or because we Sec. 211. Annual Board of Visitors. actions speak louder than words. While have gotten some letter from the ad- Sec. 212. Flag officers. technically, yes, we are going to make ministration. We should really look Sec. 213. Repeal of limitation on medals of sure that for the last couple of weeks, carefully at how we can make a dif- honor. as my colleague from Pennsylvania so Sec. 214. Coast Guard family support and ference, how we can make a difference child care. eloquently stated, these tax policies by this vote that we are going to take will be in place, we need more than Sec. 215. Mission need statement. and what that will mean for people’s Sec. 216. Transmission of annual Coast that. I mean, whether it is food inven- lives and the countless families who Guard authorization request. tory or conservation easements, these depend on selfless Americans to make Sec. 217. Inventory of real property. are long-term policies that we are ask- it from day to day. I would urge a Sec. 218. Retired service members and de- ing people to get involved in. ‘‘yes’’ vote on this legislation. pendents serving on advisory Let’s talk about southeast Michigan. I yield back the balance of my time. committees. The gentleman raised it. We know who Sec. 219. Active duty for emergency aug- The SPEAKER pro tempore. The is doing a lot of the work in Detroit— mentation of regular forces. question is on the motion offered by a lot of foundations are. They are set- Sec. 220. Acquisition workforce expedited the gentleman from Michigan (Mr. ting up plans and processes to help re- hiring authority. Sec. 221. Coast Guard administrative sav- build that city. They need more than 2 CAMP) that the House suspend the rules and pass the bill, H.R. 5806. ings. weeks of policy. They need permanent Sec. 222. Technical corrections to title 14. policy. These are simple, bipartisan The question was taken. The SPEAKER pro tempore. In the Sec. 223. Multiyear procurement authority measures, whether it is food inventory, for Offshore Patrol Cutters. charitable IRAs, or conservation ease- opinion of the Chair, two-thirds being Sec. 224. Maintaining Medium Endurance ments. in the affirmative, the ayes have it. Cutter mission capability. Look, we know that the watershed of Mr. LEVIN. Mr. Speaker, on that I Sec. 225. Aviation capability. New York City was protected by con- demand the yeas and nays. Sec. 226. Gaps in writings on Coast Guard The yeas and nays were ordered. history. servation easements. They couldn’t do Sec. 227. Officer evaluation reports. that in 2 weeks. The things that we can The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, further pro- Sec. 228. Improved safety information for do with conservation will last decades vessels. into the future. They need the ceedings on this motion will be post- Sec. 229. E–LORAN. intergenerational long-term policy to poned. Sec. 230. Analysis of resource deficiencies put these kinds of plans in place. f with respect to maritime bor- Even as I mentioned earlier with re- der security. b 1800 gard to food inventories and charitable Sec. 231. Modernization of National Distress IRAs, those aren’t decisions you make HOWARD COBLE COAST GUARD and Response System. AND MARITIME TRANSPOR- Sec. 232. Report reconciling maintenance on a whim. Whether you are going to and operational priorities on turn your IRA over to charity is a deci- TATION ACT OF 2014 the Missouri River. sion that you may be looking at the Mr. HUNTER. Mr. Speaker, I ask Sec. 233. Maritime Search and Rescue As- next 20 years of your retirement, do unanimous consent to take from the sistance Policy assessment. you have the ability to do that or not. Speaker’s table the bill (S. 2444) to au- TITLE III—SHIPPING AND NAVIGATION It is not something you can do based thorize appropriations for the Coast Sec. 301. Repeal. on just a couple of weeks. Guard for fiscal year 2015, and for other Sec. 302. Donation of historical property. Look, we are the only nation in the purposes, and ask for its immediate Sec. 303. Small shipyards. world that lets these things expire. I consideration in the House. Sec. 304. Drug testing reporting. mean, what the gentleman hasn’t said Sec. 305. Opportunities for sea service vet- The Clerk read the title of the bill. erans. is these items were expired for all of The SPEAKER pro tempore. Is there 2014. We are going to put them in place Sec. 306. Clarification of high-risk waters. objection to the request of the gen- Sec. 307. Technical corrections. for the final 2 weeks, and retroactively tleman from California? Sec. 308. Report. we are going to say you are going to be There was no objection. Sec. 309. Fishing safety grant programs. able to make a conservation easement The text of the bill is as follows: Sec. 310. Establishment of Merchant Marine contribution? Well, you can’t, and you Personnel Advisory Committee. are not probably going to do it in the S. 2444 Sec. 311. Travel and subsistence. next 2 weeks because immediately Be it enacted by the Senate and House of Rep- Sec. 312. Prompt intergovernmental notice when the clock hits 2015, you are not resentatives of the United States of America in of marine casualties. Congress assembled, Sec. 313. Area Contingency Plans. going to have the tax policy. SECTION 1. SHORT TITLE. Sec. 314. International ice patrol reform. Look, I would ask people, don’t just Sec. 315. Offshore supply vessel third-party vote in lockstep. Really examine your This Act may be cited as the ‘‘Howard Coble Coast Guard and Maritime Transpor- inspection. conscience and whether at this time of tation Act of 2014’’. Sec. 316. Watches. year, with the great needs this Nation Sec. 317. Coast Guard response plan require- SEC. 2. TABLE OF CONTENTS. is facing and has faced really for the ments. The table of contents for this Act is the Sec. 318. Regional Citizens’ Advisory Coun- last decade, what can we do to make a following: difference now? Why do we need to cil. Sec. 1. Short title. Sec. 319. Uninspected passenger vessels in wait? Sec. 2. Table of contents. the United States Virgin Is- As the gentleman has said, look, we TITLE I—AUTHORIZATION lands. have tried to make these things perma- Sec. 320. Treatment of abandoned seafarers. nent. That hasn’t worked. It hasn’t Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military Sec. 321. Website. worked in a comprehensive tax over- strength and training. Sec. 322. Coast Guard regulations. haul; it hasn’t worked in trying to TITLE II—COAST GUARD TITLE IV—FEDERAL MARITIME make a lot of these extensions perma- COMMISSION Sec. 201. Commissioned officers. nent in an agreement between the Sec. 401. Authorization of appropriations. Sec. 202. Commandant; appointment. Sec. 402. Award of reparations. House and Senate. But these are impor- Sec. 203. Prevention and response Sec. 403. Terms of Commissioners. tant, and these will make a difference workforces. where government doesn’t go. Sec. 204. Centers of expertise. TITLE V—ARCTIC MARITIME It is our foundations and our char- Sec. 205. Penalties. TRANSPORTATION ities that actually innovate in this Sec. 206. Agreements. Sec. 501. Arctic maritime transportation.

VerDate Sep 11 2014 06:55 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0655 E:\CR\FM\K10DE7.079 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9003 Sec. 502. Arctic maritime domain awareness. tence the following: ‘‘The term of an ap- ‘‘(1) enter into cooperative agreements, Sec. 503. IMO Polar Code negotiations. pointment, and any reappointment, shall contracts, and other agreements with— Sec. 504. Forward operating facilities. begin on June 1 of the appropriate year and ‘‘(A) Federal entities; Sec. 505. Icebreakers. end on May 31 of the appropriate year, ex- ‘‘(B) other public or private entities in the Sec. 506. Icebreaking in polar regions. cept that, in the event of death, retirement, United States, including academic entities; TITLE VI—MISCELLANEOUS resignation, or reassignment, or when the and Sec. 601. Distant water tuna fleet. needs of the Service demand, the Secretary ‘‘(C) foreign governments with the concur- Sec. 602. Extension of moratorium. may alter the date on which a term begins or rence of the Secretary of State; and Sec. 603. National maritime strategy. ends if the alteration does not result in the ‘‘(2) impose on and collect from an entity Sec. 604. Waivers. term exceeding a period of 4 years.’’. subject to an agreement or contract under Sec. 605. Competition by United States flag SEC. 203. PREVENTION AND RESPONSE paragraph (1) a fee to assist with expenses in- vessels. WORKFORCES. curred in carrying out such section. Sec. 606. Vessel requirements for notices of Section 57 of title 14, United States Code, ‘‘(b) DEPOSIT AND USE OF FEES.—Fees col- arrival and departure and auto- is amended— lected under this section shall be deposited matic identification system. (1) in subsection (b)— in the general fund of the Treasury as offset- Sec. 607. Conveyance of Coast Guard prop- (A) in paragraph (2) by striking ‘‘or’’ at the ting receipts. The fees may be used, to the erty in Rochester, New York. end; extent provided in advance in an appropria- Sec. 608. Conveyance of certain property in (B) in paragraph (3) by striking the period tion law, only to carry out activities under Gig Harbor, Washington. at the end and inserting a semicolon; and section 93(a)(4).’’. Sec. 609. Vessel determination. (C) by adding at the end the following: (c) CLERICAL AMENDMENT.—The analysis Sec. 610. Safe vessel operation in Thunder ‘‘(4) waterways operations manager shall for such chapter is amended by adding at the Bay. have knowledge, skill, and practical experi- end the following: Sec. 611. Parking facilities. ence with respect to marine transportation ‘‘102. Agreements.’’. TITLE I—AUTHORIZATION system management; or SEC. 207. TUITION ASSISTANCE PROGRAM COV- ‘‘(5) port and facility safety and security ERAGE OF TEXTBOOKS AND OTHER SEC. 101. AUTHORIZATION OF APPROPRIATIONS. specialist shall have knowledge, skill, and EDUCATIONAL MATERIALS. Funds are authorized to be appropriated practical experience with respect to the safe- Section 93(a)(7) of title 14, United States for fiscal year 2015 for necessary expenses of ty, security, and environmental protection Code, is amended by inserting ‘‘and the text- the Coast Guard as follows: books, manuals, and other materials re- responsibilities associated with maritime (1) For the operation and maintenance of quired as part of such training or course of ports and facilities.’’; the Coast Guard, $6,981,036,000. instruction’’ after ‘‘correspondence courses’’. (2) in subsection (c) by striking ‘‘or marine (2) For the acquisition, construction, re- safety engineer’’ and inserting ‘‘marine safe- SEC. 208. COAST GUARD HOUSING. building, and improvement of aids to naviga- (a) COMMANDANT; GENERAL POWERS.—Sec- ty engineer, waterways operations manager, tion, shore and offshore facilities, vessels, tion 93(a)(13) of title 14, United States Code, or port and facility safety and security spe- and aircraft, including equipment related is amended by striking ‘‘the Treasury’’ and cialist’’; and thereto, $1,546,448,000, to remain available inserting ‘‘the fund established under section (3) in subsection (f)(2) by striking ‘‘investi- until expended. 687’’. gator or marine safety engineer.’’ and insert- (3) For the Coast Guard Reserve program, (b) LIGHTHOUSE PROPERTY.—Section 672a(b) ing ‘‘investigator, marine safety engineer, including personnel and training costs, of title 14, United States Code, is amended by waterways operations manager, or port and equipment, and services, $140,016,000. striking ‘‘the Treasury’’ and inserting ‘‘the facility safety and security specialist.’’. (4) For environmental compliance and res- fund established under section 687’’. toration of Coast Guard vessels, aircraft, and SEC. 204. CENTERS OF EXPERTISE. (c) CONFORMING AMENDMENT.—Section facilities (other than parts and equipment Section 58(b) of title 14, United States 687(b) of title 14, United States Code, is associated with operation and maintenance), Code, is amended to read as follows: amended by adding at the end the following: ‘‘(b) MISSIONS.—Any center established $16,701,000, to remain available until ex- ‘‘(4) Monies received under section under subsection (a) shall— pended. 93(a)(13). ‘‘(1) promote, facilitate, and conduct— (5) To the Commandant of the Coast Guard ‘‘(5) Amounts received under section ‘‘(A) education; for research, development, test, and evalua- 672a(b).’’. ‘‘(B) training; and tion of technologies, materials, and human SEC. 209. LEASE AUTHORITY. ‘‘(C) activities authorized under section factors directly related to improving the per- Section 93 of title 14, United States Code, 93(a)(4); formance of the Coast Guard’s mission with is amended by adding at the end the fol- ‘‘(2) be a repository of information on oper- respect to search and rescue, aids to naviga- lowing: ations, practices, and resources related to tion, marine safety, marine environmental ‘‘(f) LEASING OF TIDELANDS AND SUBMERGED the mission for which the center was estab- protection, enforcement of laws and treaties, LANDS.— lished; and ice operations, oceanographic research, and ‘‘(1) AUTHORITY.—The Commandant may ‘‘(3) perform and support the mission for defense readiness, $19,890,000. lease under subsection (a)(13) submerged which the center was established.’’. (6) For alteration or removal of bridges lands and tidelands under the control of the over navigable waters of the United States SEC. 205. PENALTIES. Coast Guard without regard to the limita- (a) AIDS TO NAVIGATION AND FALSE DIS- constituting obstructions to navigation, and tion under that subsection with respect to TRESS MESSAGES.—Chapter 5 of title 14, for personnel and administrative costs asso- lease duration. United States Code, is amended— ciated with the Alteration of Bridges Pro- ‘‘(2) LIMITATION.—The Commandant may (1) in section 83 by striking ‘‘$100’’ and in- gram, $16,000,000. lease submerged lands and tidelands under serting ‘‘$1,500’’; paragraph (1) only if— SEC. 102. AUTHORIZED LEVELS OF MILITARY (2) in section 84 by striking ‘‘$500’’ and in- STRENGTH AND TRAINING. ‘‘(A) lease payments are— serting ‘‘$1,500’’; ‘‘(i) received exclusively in the form of (a) ACTIVE DUTY STRENGTH.—The Coast (3) in section 85 by striking ‘‘$100’’ and in- Guard is authorized an end-of-year strength cash; serting ‘‘$1,500’’; and for active duty personnel of 43,000 for fiscal ‘‘(ii) equal to the fair market value of the (4) in section 88(c)(2) by striking ‘‘$5,000’’ year 2015. use of the leased submerged lands or tide- and inserting ‘‘$10,000’’. lands for the period during which such lands (b) MILITARY TRAINING STUDENT LOADS.— (b) UNAUTHORIZED USE OF WORDS ‘‘COAST The Coast Guard is authorized average mili- are leased, as determined by the Com- GUARD’’.—Section 639 of title 14, United tary training student loads for fiscal year mandant; and States Code, is amended by striking ‘‘$1,000’’ ‘‘(iii) deposited in the fund established 2015 as follows: and inserting ‘‘$10,000’’. (1) For recruit and special training, 2,500 under section 687; and SEC. 206. AGREEMENTS. student years. ‘‘(B) the lease does not provide authority (a) IN GENERAL.—Section 93(a)(4) of title 14, (2) For flight training, 165 student years. to or commit the Coast Guard to use or sup- United States Code, is amended— (3) For professional training in military port any improvements to such submerged (1) by striking ‘‘, investigate’’ and insert- and civilian institutions, 350 student years. lands or tidelands, or obtain goods or serv- ing ‘‘and investigate’’; and (4) For officer acquisition, 1,200 student ices from the lessee.’’. (2) by striking ‘‘, and cooperate and coordi- years. SEC. 210. NOTIFICATION OF CERTAIN DETER- nate such activities with other Government MINATIONS. TITLE II—COAST GUARD agencies and with private agencies’’. (a) IN GENERAL.—Chapter 5 of title 14, SEC. 201. COMMISSIONED OFFICERS. (b) AUTHORITY.—Chapter 5 of title 14, United States Code, as amended by this Act, Section 42(a) of title 14, United States United States Code, as amended by this Act, is further amended by adding at the end the Code, is amended by striking ‘‘7,200’’ and in- is further amended by adding at the end the following: serting ‘‘6,900’’. following: ‘‘§ 103. Notification of certain determinations SEC. 202. COMMANDANT; APPOINTMENT. ‘‘§ 102. Agreements ‘‘(a) IN GENERAL.—At least 90 days prior to Section 44 of title 14, United States Code, ‘‘(a) IN GENERAL.—In carrying out section making a final determination that a water- is amended by inserting after the first sen- 93(a)(4), the Commandant may— way, or a portion thereof, is navigable for

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Surveys of Coast Guard families ‘‘(2) the public; and ‘‘(2) the curriculum; ‘‘(a) AUTHORITY.—The Commandant, in ‘‘(3) the Committee on Commerce, Science, ‘‘(3) instruction; order to determine the effectiveness of Fed- and Transportation of the Senate and the ‘‘(4) physical equipment; eral policies, programs, and activities re- Committee on Transportation and Infra- ‘‘(5) fiscal affairs; and lated to the families of Coast Guard mem- structure of the House of Representatives. ‘‘(6) other matters relating to the Academy bers, may survey— ‘‘(b) CONTENT REQUIREMENT.—Each notifi- that the Board determines appropriate. ‘‘(1) any Coast Guard member; cation provided under subsection (a) to an ‘‘(e) REPORT.—Not later than 60 days after ‘‘(2) any retired Coast Guard member; entity specified in paragraph (3) of that sub- the date of an annual visit of the Board ‘‘(3) the immediate family of any Coast section shall include— under subsection (c)(1), the Board shall sub- Guard member or retired Coast Guard mem- ‘‘(1) an analysis of whether vessels oper- mit to the Secretary, the Committee on ber; and ating on the waterway, or portion thereof, Commerce, Science, and Transportation of ‘‘(4) any survivor of a deceased Coast subject to the proposed determination are the Senate, and the Committee on Transpor- Guard member. subject to inspection or similar regulation tation and Infrastructure of the House of ‘‘(b) VOLUNTARY PARTICIPATION.—Partici- by State or local officials; Representatives a report on the actions of pation in any survey conducted under sub- ‘‘(2) an analysis of whether operators of the Board during such visit and the rec- section (a) shall be voluntary. commercial vessels on such waterway, or ommendations of the Board pertaining to the ‘‘(c) FEDERAL RECORDKEEPING.—Each per- portion thereof, are subject to licensing or Academy. son surveyed under subsection (a) shall be similar regulation by State or local officials; ‘‘(f) ADVISORS.—If approved by the Sec- considered an employee of the United States and retary, the Board may consult with advisors for purposes of section 3502(3)(A)(i) of title 44. ‘‘(3) an estimate of the annual costs that in carrying out this section. ‘‘SUBCHAPTER II—COAST GUARD the Coast Guard may incur in conducting op- ‘‘(g) REIMBURSEMENT.—Each member of the FAMILY SUPPORT Board and each adviser consulted by the erations on such waterway, or portion there- ‘‘§ 542. Education and training opportunities Board under subsection (f) shall be reim- of.’’. for Coast Guard spouses (b) CLERICAL AMENDMENT.—The analysis bursed, to the extent permitted by law, by for such chapter, as amended by this Act, is the Coast Guard for actual expenses incurred ‘‘(a) TUITION ASSISTANCE.—The Com- further amended by adding at the end the while engaged in duties as a member or ad- mandant may provide, subject to the avail- ability of appropriations, tuition assistance following: viser.’’. to an eligible spouse to facilitate the acqui- ‘‘103. Notification of certain determina- SEC. 212. FLAG OFFICERS. sition of— tions.’’. (a) IN GENERAL.—Title 14, United States ‘‘(1) education and training required for a SEC. 211. ANNUAL BOARD OF VISITORS. Code, is amended by inserting after section degree or credential at an accredited college, Section 194 of title 14, United States Code, 295 the following: university, or technical school in the United is amended to read as follows: ‘‘§ 296. Flag officers States that expands employment and port- ‘‘§ 194. Annual Board of Visitors ‘‘During any period in which the Coast able career opportunities for the spouse; or ‘‘(a) IN GENERAL.—A Board of Visitors to Guard is not operating as a service in the ‘‘(2) education prerequisites and a profes- the Coast Guard Academy is established to Navy, section 1216(d) of title 10 does not sional license or credential required, by a review and make recommendations on the apply with respect to flag officers of the government or government-sanctioned li- operation of the Academy. Coast Guard.’’. censing body, for an occupation that expands ‘‘(b) MEMBERSHIP.— (b) CLERICAL AMENDMENT.—The analysis employment and portable career opportuni- ‘‘(1) IN GENERAL.—The membership of the for chapter 11 of title 14, United States Code, ties for the spouse. Board shall consist of the following: is amended by inserting after the item relat- ‘‘(b) DEFINITIONS.—In this section, the fol- ‘‘(A) The chairman of the Committee on ing to section 295 the following: lowing definitions apply: Commerce, Science, and Transportation of ‘‘296. Flag officers.’’. ‘‘(1) ELIGIBLE SPOUSE.— the Senate, or the chairman’s designee. SEC. 213. REPEAL OF LIMITATION ON MEDALS OF ‘‘(A) IN GENERAL.—The term ‘eligible ‘‘(B) The chairman of the Committee on HONOR. spouse’ means the spouse of a member of the Transportation and Infrastructure of the Section 494 of title 14, United States Code, Coast Guard who is serving on active duty House of Representatives, or the chairman’s is amended by striking ‘‘medal of honor,’’ and includes a spouse who receives transi- designee. each place it appears. tional compensation under section 1059 of ‘‘(C) 3 Members of the Senate designated SEC. 214. COAST GUARD FAMILY SUPPORT AND title 10. by the Vice President. CHILD CARE. ‘‘(B) EXCLUSION.—The term ‘eligible ‘‘(D) 4 Members of the House of Represent- (a) IN GENERAL.—Title 14, United States spouse’ does not include a person who— atives designated by the Speaker of the Code, as amended by this Act, is further ‘‘(i) is married to, but legally separated House of Representatives. amended by inserting after chapter 13 the from, a member of the Coast Guard under a ‘‘(E) 6 individuals designated by the Presi- following: court order or statute of any State or terri- dent. torial possession of the United States; or ‘‘CHAPTER 14—COAST GUARD FAMILY ‘‘(2) LENGTH OF SERVICE.— ‘‘(ii) is eligible for tuition assistance as a SUPPORT AND CHILD CARE ‘‘(A) MEMBERS OF CONGRESS.—A Member of member of the Armed Forces. Congress designated under subparagraph (C) ‘‘SUBCHAPTER I—GENERAL PROVISIONS ‘‘(2) PORTABLE CAREER.—The term ‘port- or (D) of paragraph (1) as a member of the ‘‘Sec. able career’ includes an occupation that re- Board shall be designated as a member in the ‘‘531. Work-life policies and programs. quires education, training, or both that re- First Session of a Congress and serve for the ‘‘532. Surveys of Coast Guard families. sults in a credential that is recognized by an duration of that Congress. ‘‘SUBCHAPTER II—COAST GUARD FAMILY industry, profession, or specific type of busi- ‘‘(B) INDIVIDUALS DESIGNATED BY THE PRESI- SUPPORT ness. DENT.—Each individual designated by the ‘‘542. Education and training opportunities ‘‘§ 543. Youth sponsorship initiatives President under subparagraph (E) of para- for Coast Guard spouses. ‘‘(a) IN GENERAL.—The Commandant is au- graph (1) shall serve as a member of the ‘‘543. Youth sponsorship initiatives. thorized to establish, within any Coast Board for 3 years, except that any such mem- ‘‘SUBCHAPTER III—COAST GUARD CHILD CARE Guard unit, an initiative to help integrate ber whose term of office has expired shall ‘‘551. Definitions. into new surroundings the dependent chil- continue to serve until a successor is ap- ‘‘553. Child development center standards dren of members of the Coast Guard who re- pointed. and inspections. ceived permanent change of station orders. ‘‘(3) DEATH OR RESIGNATION OF A MEMBER.— ‘‘554. Child development center employees. ‘‘(b) DESCRIPTION OF INITIATIVE.—An initia- If a member of the Board dies or resigns, a ‘‘555. Parent partnerships with child develop- tive established under subsection (a) shall— successor shall be designated for any unex- ment centers. ‘‘(1) provide for the involvement of a de- pired portion of the term of the member by pendent child of a member of the Coast ‘‘SUBCHAPTER I—GENERAL PROVISIONS the official who designated the member. Guard in the dependent child’s new Coast ‘‘(c) ACADEMY VISITS.— ‘‘§ 531. Work-life policies and programs Guard community; and ‘‘(1) ANNUAL VISIT.—The Board shall visit ‘‘The Commandant is authorized— ‘‘(2) primarily focus on preteen and teen- the Academy annually to review the oper- ‘‘(1) to establish an office for the purpose of aged children. ation of the Academy. developing, promulgating, and coordinating ‘‘(c) AUTHORITY.—In carrying out an initia- ‘‘(2) ADDITIONAL VISITS.—With the approval policies, programs, and activities related to tive under subsection (a), the Commandant of the Secretary, the Board or individual the families of Coast Guard members; may—

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‘‘(1) provide to a dependent child of a mem- shall be a condition of employment for each (B) CHILD DEVELOPMENT SERVICES.—Section ber of the Coast Guard information on youth employee of a Coast Guard child develop- 515 of title 14, United States Code— programs and activities available in the de- ment center. (i) is redesignated as section 552 and trans- pendent child’s new Coast Guard community; ‘‘(2) TIMING FOR NEW HIRES.—The Com- ferred to appear after section 551 of such and mandant shall require each employee of a title, as added by subsection (a) of this sec- ‘‘(2) enter into agreements with nonprofit Coast Guard child development center to tion; and entities to provide youth programs and ac- complete the training program established (ii) is amended— tivities to such child. under paragraph (1) not later than 6 months (I) in subsection (b)(2)(B) by inserting ‘‘and ‘‘SUBCHAPTER III—COAST GUARD CHILD after the date on which the employee is whether a family is participating in an ini- CARE hired. tiative established under section 555(b)’’ ‘‘§ 551. Definitions ‘‘(3) MINIMUM REQUIREMENTS.—The training after ‘‘family income’’; program established under paragraph (1) (II) by striking subsections (c) and (e); and ‘‘In this subchapter, the following defini- shall include, at a minimum, instruction (III) by redesignating subsection (d) as sub- tions apply: with respect to— section (c). ‘‘(1) CHILD ABUSE AND NEGLECT.—The term ‘‘(A) early childhood development; (C) DEPENDENT SCHOOL CHILDREN.—Section ‘child abuse and neglect’ has the meaning ‘‘(B) activities and disciplinary techniques 657 of title 14, United States Code— given that term in section 3 of the Child appropriate to children of different ages; (i) is redesignated as section 544 and trans- Abuse Prevention and Treatment Act (42 ‘‘(C) child abuse and neglect prevention ferred to appear after section 543 of such U.S.C. 5101 note). and detection; and title, as added by subsection (a) of this sec- ‘‘(2) CHILD DEVELOPMENT CENTER EM- ‘‘(D) cardiopulmonary resuscitation and tion; and PLOYEE.—The term ‘child development cen- other emergency medical procedures. (ii) is amended in subsection (a) by strik- ter employee’ means a civilian employee of ‘‘(4) USE OF DEPARTMENT OF DEFENSE PRO- ing ‘‘Except as otherwise’’ and all that fol- the Coast Guard who is employed to work in GRAMS.—The Commandant may use Depart- lows through ‘‘the Secretary may’’ and in- a Coast Guard child development center ment of Defense training programs, on a re- serting ‘‘The Secretary may’’. without regard to whether the employee is imbursable or nonreimbursable basis, for (2) CONFORMING AMENDMENTS.— paid from appropriated or nonappropriated purposes of this subsection. (A) PART I.—The analysis for part I of title funds. ‘‘(b) TRAINING AND CURRICULUM SPECIAL- 14, United States Code, is amended by insert- ‘‘(3) COAST GUARD CHILD DEVELOPMENT CEN- ISTS.— ing after the item relating to chapter 13 the TER.—The term ‘Coast Guard child develop- ‘‘(1) SPECIALIST REQUIRED.—The Com- following: ment center’ means a facility on Coast mandant shall require that at least 1 em- Guard property or on property under the ju- ‘‘14. Coast Guard Family Support and ployee at each Coast Guard child develop- Child Care ...... 531’’. risdiction of the commander of a Coast ment center be a specialist in training and (B) CHAPTER 13.—The analysis for chapter Guard unit at which child care services are curriculum development with appropriate 13 of title 14, United States Code, is amend- provided for members of the Coast Guard. credentials and experience. ‘‘(4) COMPETITIVE SERVICE POSITION.—The ed— ‘‘(2) DUTIES.—The duties of the specialist (i) by striking the item relating to section term ‘competitive service position’ means a described in paragraph (1) shall include— 514; and position in the competitive service (as de- ‘‘(A) special teaching activities; (ii) by striking the item relating to section fined in section 2102 of title 5). ‘‘(B) daily oversight and instruction of 515. ‘‘(5) FAMILY HOME DAYCARE.—The term other child care employees; (C) CHAPTER 14.—The analysis for chapter ‘family home daycare’ means home-based ‘‘(C) daily assistance in the preparation of 14 of title 14, United States Code, as added by child care services provided for a member of lesson plans; subsection (a) of this section, is amended by the Coast Guard by an individual who— ‘‘(D) assisting with child abuse and neglect inserting— ‘‘(A) is certified by the Commandant as prevention and detection; and (i) before the item relating to section 542 qualified to provide home-based child care ‘‘(E) advising the director of the center on the following: services; and the performance of the other child care em- ‘‘(B) provides home-based child care serv- ployees. ‘‘541. Reimbursement for adoption ex- ices on a regular basis in exchange for mone- ‘‘(3) COMPETITIVE SERVICE.—Each specialist penses.’’; tary compensation. described in paragraph (1) shall be an em- (ii) after the item relating to section 551 ‘‘§ 553. Child development center standards ployee in a competitive service position. the following: and inspections ‘‘§ 555. Parent partnerships with child devel- ‘‘552. Child development services.’’; and ‘‘(a) STANDARDS.—The Commandant shall opment centers (iii) after the item relating to section 543 require each Coast Guard child development the following: ‘‘(a) PARENT BOARDS.— center to meet standards that the Com- ‘‘544. Dependent school children.’’. ‘‘(1) FORMATION.—The Commandant shall mandant considers appropriate to ensure the require that there be formed at each Coast (D) CHAPTER 17.—The analysis for chapter health, safety, and welfare of the children Guard child development center a board of 17 of title 14, United States Code, is amended and employees at the center. parents, to be composed of parents of chil- by striking the item relating to section 657. ‘‘(b) INSPECTIONS.—The Commandant shall (c) COMMANDANT; GENERAL POWERS.—Sec- dren attending the center. provide for regular and unannounced inspec- tion 93(a)(7) of title 14, United States Code, ‘‘(2) FUNCTIONS.—Each board of parents tions of each Coast Guard child development as amended by this Act, is further amended formed under paragraph (1) shall— center to ensure compliance with this sec- by inserting ‘‘, and to eligible spouses as de- ‘‘(A) meet periodically with the staff of the tion. fined under section 542,’’ after ‘‘Coast center at which the board is formed and the ‘‘(c) NATIONAL REPORTING.— Guard’’. commander of the unit served by the center, ‘‘(1) IN GENERAL.—The Commandant shall (d) SENSE OF CONGRESS.— for the purpose of discussing problems and maintain and publicize a means by which an (1) IN GENERAL.—It is the sense of Congress concerns; and individual can report, with respect to a that the amount of funds appropriated for a ‘‘(B) be responsible, together with the staff Coast Guard child development center or a fiscal year for operating expenses related to of the center, for coordinating any parent family home daycare— Coast Guard child development services participation initiative established under ‘‘(A) any suspected violation of— should not be less than the amount of the subsection (b). ‘‘(i) standards established under subsection child development center fee receipts esti- ‘‘(3) FACA.—The Federal Advisory Com- (a); or mated to be collected by the Coast Guard mittee Act (5 U.S.C. App.) does not apply to ‘‘(ii) any other applicable law or standard; during that fiscal year. a board of parents formed under paragraph ‘‘(B) suspected child abuse or neglect; or (2) CHILD DEVELOPMENT CENTER FEE RE- (1). ‘‘(C) any other deficiency. CEIPTS DEFINED.—In this subsection, the term ‘‘(b) PARENT PARTICIPATION INITIATIVE.— ‘‘(2) ANONYMOUS REPORTING.—The Com- ‘‘child development center fee receipts’’ The Commandant is authorized to establish mandant shall ensure that an individual means fees paid by members of the Coast a parent participation initiative at each making a report pursuant to paragraph (1) Guard for child care services provided at Coast Guard child development center to en- may do so anonymously if so desired by the Coast Guard child development centers. courage and facilitate parent participation individual. in educational and related activities at the SEC. 215. MISSION NEED STATEMENT. ‘‘(3) PROCEDURES.—The Commandant shall center.’’. (a) IN GENERAL.—Section 569 of title 14, establish procedures for investigating re- (b) TRANSFER OF PROVISIONS.— United States Code, is amended to read as ports made pursuant to paragraph (1). (1) IN GENERAL.— follows: ‘‘§ 554. Child development center employees (A) REIMBURSEMENT FOR ADOPTION EX- ‘‘§ 569. Mission need statement ‘‘(a) TRAINING.— PENSES.—Section 514 of title 14, United ‘‘(a) IN GENERAL.—On the date on which ‘‘(1) IN GENERAL.—The Commandant shall States Code, is redesignated as section 541 the President submits to Congress a budget establish a training program for Coast Guard and transferred to appear before section 542 for fiscal year 2016 under section 1105 of title child development center employees and sat- of such title, as added by subsection (a) of 31, on the date on which the President sub- isfactory completion of the training program this section. mits to Congress a budget for fiscal year 2019

VerDate Sep 11 2014 06:55 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.043 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9006 CONGRESSIONAL RECORD — HOUSE December 10, 2014 under such section, and every 4 years there- ing submerged lands, under the control of Stat. 2951) is amended by striking ‘‘2015’’ and after, the Commandant shall submit to the the Coast Guard, which shall include— inserting ‘‘2017’’. Committee on Transportation and Infra- ‘‘(1) the size, the location, and any other SEC. 221. COAST GUARD ADMINISTRATIVE SAV- structure of the House of Representatives appropriate description of each unit of such INGS. and the Committee on Commerce, Science, property; (a) ELIMINATION OF OUTDATED AND DUPLICA- and Transportation of the Senate an inte- ‘‘(2) an assessment of the physical condi- TIVE REPORTS.— grated major acquisition mission need state- tion of each unit of such property, excluding (1) MARINE INDUSTRY TRAINING.—Section 59 ment. lands; of title 14, United States Code, is amended— ‘‘(b) DEFINITIONS.—In this section, the fol- ‘‘(3) a determination of whether each unit (A) by striking ‘‘(a) IN GENERAL.—The lowing definitions apply: of such property should be— Commandant’’ and inserting ‘‘The Com- ‘‘(1) INTEGRATED MAJOR ACQUISITION MISSION ‘‘(A) retained to fulfill a current or pro- mandant’’; and NEED STATEMENT.—The term ‘integrated jected Coast Guard mission requirement; or (B) by striking subsection (b). major acquisition mission need statement’ ‘‘(B) subject to divestiture; and (2) OPERATIONS AND EXPENDITURES.—Sec- means a document that— ‘‘(4) other information the Commandant tion 651 of title 14, United States Code, and ‘‘(A) identifies current and projected gaps considers appropriate. the item relating to such section in the anal- in Coast Guard mission capabilities using ‘‘(b) INVENTORY MAINTENANCE.—The Com- ysis for chapter 17 of such title, are repealed. mission hour targets; mandant shall— (3) DRUG INTERDICTION.—Section 103 of the ‘‘(B) explains how each major acquisition ‘‘(1) maintain the inventory required under Coast Guard Authorization Act of 1996 (14 program addresses gaps identified under sub- subsection (a) on an ongoing basis; and U.S.C. 89 note), and the item relating to that paragraph (A) if funded at the levels provided ‘‘(2) update information on each unit of section in the table of contents in section 2 for such program in the most recently sub- real property included in such inventory not of that Act, are repealed. mitted capital investment plan; and later than 30 days after any change relating (4) NATIONAL DEFENSE.—Section 426 of the ‘‘(C) describes the missions the Coast to the control of such property. Maritime Transportation Security Act of Guard will not be able to achieve, by fiscal ‘‘(c) RECOMMENDATIONS TO CONGRESS.—Not 2002 (14 U.S.C. 2 note), and the item relating year, for each gap identified under subpara- later than March 30, 2016, and every 5 years to that section in the table of contents in graph (A). thereafter, the Commandant shall submit to section 1(b) of that Act, are repealed. (5) LIVING MARINE RESOURCES.—Section 4(b) ‘‘(2) MAJOR ACQUISITION PROGRAM.—The the Committee on Transportation and Infra- term ‘major acquisition program’ has the structure of the House of Representatives of the Cruise Vessel Security and Safety Act meaning given that term in section 569a(e). and the Committee on Commerce, Science, of 2010 (16 U.S.C. 1828 note) is amended by adding at the end the following: ‘‘No report ‘‘(3) CAPITAL INVESTMENT PLAN.—The term and Transportation of the Senate a report shall be required under this subsection, in- ‘capital investment plan’ means the plan re- that includes— cluding that no report shall be required quired under section 663(a)(1).’’. ‘‘(1) a list of all real property under the under section 224 of the Coast Guard and (b) CLERICAL AMENDMENT.—The analysis control of the Coast Guard and the location Maritime Transportation Act of 2004 or sec- for chapter 15 of title 14, United States Code, of such property by property type; tion 804 of the Coast Guard and Maritime is amended by striking the item relating to ‘‘(2) recommendations for divestiture with Transportation Act of 2006, for fiscal years section 569 and inserting the following: respect to any units of such property; and beginning after fiscal year 2014.’’. ‘‘(3) recommendations for consolidating ‘‘569. Mission need statement.’’. (b) CONSOLIDATION AND REFORM OF REPORT- SEC. 216. TRANSMISSION OF ANNUAL COAST any units of such property, including— ING REQUIREMENTS.— GUARD AUTHORIZATION REQUEST. ‘‘(A) an estimate of the costs or savings as- (1) MARINE SAFETY.— (a) IN GENERAL.—Title 14, United States sociated with each recommended consolida- (A) IN GENERAL.—Section 2116(d)(2)(B) of Code, as amended by this Act, is further tion; and title 46, United States Code, is amended to amended by inserting after section 662 the ‘‘(B) a discussion of the impact that such read as follows: following: consolidation would have on Coast Guard ‘‘(B) on the program’s mission performance ‘‘§ 662a. Transmission of annual Coast Guard mission effectiveness.’’. in achieving numerical measurable goals es- authorization request (b) CLERICAL AMENDMENT.—The analysis tablished under subsection (b), including— for such chapter, as amended by this Act, is ‘‘(a) IN GENERAL.—Not later than 30 days ‘‘(i) the number of civilian and military further amended by adding at the end the after the date on which the President sub- Coast Guard personnel assigned to marine following: mits to Congress a budget for a fiscal year safety positions; and pursuant to section 1105 of title 31, the Sec- ‘‘679. Inventory of real property.’’. ‘‘(ii) an identification of marine safety po- retary shall submit to the Committee on SEC. 218. RETIRED SERVICE MEMBERS AND DE- sitions that are understaffed to meet the Transportation and Infrastructure of the PENDENTS SERVING ON ADVISORY workload required to accomplish each activ- House of Representatives and the Committee COMMITTEES. ity included in the strategy and plans under on Commerce, Science, and Transportation (a) IN GENERAL.—Chapter 17 of title 14, subsection (a); and’’. of the Senate a Coast Guard authorization United States Code, as amended by this Act, (B) CONFORMING AMENDMENT.—Section 57 of request with respect to such fiscal year. is further amended by adding at the end the title 14, United States Code, as amended by ‘‘(b) COAST GUARD AUTHORIZATION REQUEST following: this Act, is further amended— DEFINED.—In this section, the term ‘Coast ‘‘§ 680. Retired service members and depend- (i) by striking subsection (e); and Guard authorization request’ means a pro- ents serving on advisory committees (ii) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g) respec- posal for legislation that, with respect to the ‘‘A committee that— tively. Coast Guard for the relevant fiscal year— ‘‘(1) advises or assists the Coast Guard with (2) MINOR CONSTRUCTION.—Section 656(d)(2) ‘‘(1) recommends end strengths for per- respect to a function that affects a member of title 14, United States Code, is amended to sonnel for that fiscal year, as described in of the Coast Guard or a dependent of such a read as follows: section 661; member; and ‘‘(2) REPORT.—Not later than the date on ‘‘(2) recommends authorizations of appro- ‘‘(2) includes in its membership a retired which the President submits to Congress a priations for that fiscal year, including with Coast Guard member or a dependent of such budget under section 1105 of title 31 each respect to matters described in section 662; a retired member; year, the Secretary shall submit to the Com- and shall not be considered an advisory com- mittee on Transportation and Infrastructure ‘‘(3) addresses any other matter that the mittee under the Federal Advisory Com- of the House of Representatives and the Secretary determines is appropriate for in- mittee Act (5 U.S.C. App.) solely because of Committee on Commerce, Science, and clusion in a Coast Guard authorization such membership.’’. Transportation of the Senate a report de- bill.’’. (b) CLERICAL AMENDMENT.—The analysis scribing each project carried out under para- (b) CLERICAL AMENDMENT.—The analysis for such chapter, as amended by this Act, is graph (1), in the most recently concluded fis- for chapter 17 of title 14, United States Code, further amended by inserting after the item cal year, for which the amount expended as amended by this Act, is further amended relating to section 679 the following: by inserting after the item relating to sec- under such paragraph for such project was ‘‘680. Retired service members and depend- tion 662 the following: more than $1,000,000. If no such project was ents serving on advisory com- carried out during a fiscal year, no report ‘‘662a. Transmission of annual Coast Guard mittees.’’. authorization request.’’. under this paragraph shall be required with SEC. 219. ACTIVE DUTY FOR EMERGENCY AUG- respect to that fiscal year.’’. SEC. 217. INVENTORY OF REAL PROPERTY. MENTATION OF REGULAR FORCES. SEC. 222. TECHNICAL CORRECTIONS TO TITLE 14. (a) IN GENERAL.—Chapter 17 of title 14, Section 712(a) of title 14, United States Title 14, United States Code, as amended United States Code, is amended by adding at Code, is amended by striking ‘‘not more than by this Act, is further amended— the end the following: 60 days in any 4-month period and’’. (1) in section 93(b)(1) by striking ‘‘Notwith- ‘‘§ 679. Inventory of real property SEC. 220. ACQUISITION WORKFORCE EXPEDITED standing subsection (a)(14)’’ and inserting ‘‘(a) IN GENERAL.—Not later than Sep- HIRING AUTHORITY. ‘‘Notwithstanding subsection (a)(13)’’; and tember 30, 2015, the Commandant shall estab- Section 404(b) of the Coast Guard Author- (2) in section 197(b) by striking ‘‘of Home- lish an inventory of all real property, includ- ization Act of 2010 (Public Law 111–281; 124 land Security’’.

VerDate Sep 11 2014 06:55 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.043 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9007 SEC. 223. MULTIYEAR PROCUREMENT AUTHOR- on Commerce, Science, and Transportation cluding an enhanced LORAN system, to pro- ITY FOR OFFSHORE PATROL CUT- of the Senate and the Committee on Trans- vide redundant capability in the event GPS TERS. portation and Infrastructure of the House of signals are disrupted. In fiscal year 2015 and each fiscal year Representatives a report on any gaps that SEC. 230. ANALYSIS OF RESOURCE DEFICIENCIES thereafter, the Secretary of the department exist in writings on the history of the Coast WITH RESPECT TO MARITIME BOR- in which the Coast Guard is operating may Guard. The report shall address, at a min- DER SECURITY. enter into, in accordance with section 2306b imum, operations, broad topics, and biog- (a) IN GENERAL.—Not later than 120 days of title 10, United States Code, multiyear raphies with respect to the Coast Guard. after the date of enactment of this Act, the contracts for the procurement of Offshore SEC. 227. OFFICER EVALUATION REPORTS. Commandant of the Coast Guard shall pro- Patrol Cutters and associated equipment. vide to the Committee on Commerce, (a) ASSESSMENT REQUIRED.—Not later than SEC. 224. MAINTAINING MEDIUM ENDURANCE 180 days after the date of enactment of this Science, and Transportation of the Senate CUTTER MISSION CAPABILITY. Act, the Commandant of the Coast Guard and the Committee on Transportation and Infrastructure and the Committee on Home- Not later than 120 days after the date of shall provide to the Committee on Com- land Security of the House of Representa- enactment of this Act, the Secretary of the merce, Science, and Transportation of the tives a report describing any Coast Guard re- department in which the Coast Guard is op- Senate and the Committee on Transpor- source deficiencies related to— erating shall submit to the Committee on tation and Infrastructure of the House of (1) securing maritime borders with respect Transportation and Infrastructure of the Representatives a written assessment of the to the Great Lakes and the coastal areas of House of Representatives and the Committee Coast Guard’s officer evaluation reporting the Southeastern and Southwestern United on Commerce, Science, and Transportation system. States, including with respect to Florida, of the Senate a report that includes— (b) CONTENTS OF ASSESSMENT.—The assess- (1) a schedule and plan for decommis- ment required under subsection (a) shall in- California, Puerto Rico, and the United States Virgin Islands; sioning, not later than September 30, 2029, clude, at a minimum, an analysis of— (2) patrolling and monitoring maritime ap- each of the 210-foot, Reliance-Class Cutters (1) the extent to which the Coast Guard’s proaches to the areas described in paragraph operated by the Coast Guard on the date of officer evaluation reports differ in length, (1); and enactment of this Act; form, and content from the officer fitness re- (3) patrolling and monitoring relevant por- (2) a schedule and plan for enhancing the ports used by the Navy and other branches of tions of the Western Hemisphere Drug Tran- maintenance or extending the service life of the Armed Forces; each of the 270-foot, Famous-Class Cutters (2) the extent to which differences deter- sit Zone. (b) SCOPE.—In preparing the report under operated by the Coast Guard on the date of mined pursuant to paragraph (1) are the re- subsection (a), the Commandant shall con- enactment of this Act— sult of inherent differences between— (A) to maintain the capability of the Coast sider, at a minimum— (A) the Coast Guard and the Navy; and (1) the Coast Guard’s statutory missions Guard to carry out sea-going missions with (B) the Coast Guard and other branches of respect to such Cutters at the level of capa- with respect to migrant interdiction, drug the Armed Forces; interdiction, defense readiness, living marine bility existing on September 30, 2013; and (3) the feasibility of more closely aligning (B) for the period beginning on the date of resources, and ports, waterways, and coastal and conforming the Coast Guard’s officer security; enactment of this Act and ending on the date evaluation reports with the officer fitness re- on which the final Offshore Patrol Cutter is (2) whether Coast Guard missions are being ports of the Navy and other branches of the executed to meet national performance tar- scheduled to be commissioned under para- Armed Forces; and graph (4); gets set under the National Drug Control (4) the costs and benefits of the alignment Strategy; (3) an identification of the number of Off- and conformity described in paragraph (3), shore Patrol Cutters capable of sea state 5 (3) the number and types of cutters and including with respect to— other vessels required to effectively execute operations that, if 8 National Security Cut- (A) Coast Guard administrative efficiency; ters are commissioned, are necessary to re- Coast Guard missions; (B) fairness and equity for Coast Guard of- (4) the number and types of aircraft, in- turn the sea state 5 operating capability of ficers; and the Coast Guard to the level of capability cluding unmanned aircraft, required to effec- (C) carrying out the Coast Guard’s statu- tively execute Coast Guard missions; that existed prior to the decommissioning of tory mission of defense readiness, including the first High Endurance Cutter in fiscal (5) the number of assets that require up- when operating as a service in the Navy. graded sensor and communications systems year 2011; SEC. 228. IMPROVED SAFETY INFORMATION FOR (4) a schedule and plan for commissioning to effectively execute Coast Guard missions; VESSELS. (6) the Deployable Specialized Forces re- the number of Offshore Patrol Cutters iden- Not later than 1 year after the date of en- tified under paragraph (3); and quired to effectively execute Coast Guard actment of this Act, the Secretary of the de- missions; and (5) a schedule and plan for commissioning, partment in which the Coast Guard is oper- not later than September 30, 2034, a number (7) whether additional shoreside facilities ating shall establish a process that allows an are required to accommodate Coast Guard of Offshore Patrol Cutters not capable of sea operator of a marine exchange or other non- state 5 operations that is equal to— personnel and assets in support of Coast Federal vessel traffic information service to Guard missions. (A) 25; less use the automatic identification system to SEC. 231. MODERNIZATION OF NATIONAL DIS- (B) the number of Offshore Patrol Cutters transmit weather, ice, and other important identified under paragraph (3). TRESS AND RESPONSE SYSTEM. navigation safety information to vessels. (a) REPORT.—Not later than 60 days after SEC. 225. AVIATION CAPABILITY. SEC. 229. E–LORAN. the date of enactment of this Act, the Sec- (a) IN GENERAL.—The Secretary of the de- (a) IN GENERAL.—The Secretary of the de- retary of the department in which the Coast partment in which the Coast Guard is oper- partment in which the Coast Guard is oper- Guard is operating shall submit to the Com- ating may— ating may not carry out activities related to mittee on Transportation and Infrastructure (1) request and accept through a direct the dismantling or disposal of infrastructure of the House of Representatives and the military-to-military transfer under section that supported the former LORAN system Committee on Commerce, Science, and 2571 of title 10, United States Code, such H– until the later of— Transportation of the Senate a report on the 60 helicopters as may be necessary to estab- (1) the date that is 1 year after the date of implementation of the Rescue 21 project in lish a year-round operational capability in enactment of this Act; or Alaska and in Coast Guard sectors Upper the Coast Guard’s Ninth District; and (2) the date on which the Secretary pro- Mississippi River, Lower Mississippi River, (2) use funds provided under section 101 of vides to the Committee on Transportation and Ohio River Valley. this Act to convert such helicopters to Coast and Infrastructure of the House of Rep- (b) CONTENTS.—The report required under Guard MH–60T configuration. resentatives and the Committee on Com- subsection (a) shall— (b) PROHIBITION.— merce, Science, and Transportation of the (1) describe what improvements are being (1) IN GENERAL.—The Coast Guard may Senate notice of a determination by the Sec- made to the distress response system in the not— retary that such infrastructure is not re- areas specified in subsection (a), including (A) close a Coast Guard air facility that quired to provide a positioning, navigation, information on which areas will receive dig- was in operation on November 30, 2014; or and timing system to provide redundant ca- ital selective calling and direction finding (B) retire, transfer, relocate, or deploy an pability in the event GPS signals are dis- capability; aviation asset from an air facility described rupted. (2) describe the impediments to installing in subparagraph (A) for the purpose of clos- (b) EXCEPTION.—Subsection (a) does not digital selective calling and direction finding ing such facility. apply to activities necessary for the safety of capability in areas where such technology (2) SUNSET.—This subsection is repealed ef- human life. will not be installed; fective January 1, 2016. (c) AGREEMENTS.—The Secretary may (3) identify locations in the areas specified SEC. 226. GAPS IN WRITINGS ON COAST GUARD enter into cooperative agreements, con- in subsection (a) where communication gaps HISTORY. tracts, and other agreements with Federal will continue to present a risk to mariners Not later than 1 year after the date of en- entities and other public or private entities, after completion of the Rescue 21 project; actment of this Act, the Commandant of the including academic entities, to develop a po- (4) include a list of all reported marine ac- Coast Guard shall submit to the Committee sitioning, navigation, and timing system, in- cidents, casualties, and fatalities occurring

VerDate Sep 11 2014 06:55 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.043 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9008 CONGRESSIONAL RECORD — HOUSE December 10, 2014 in the locations identified under paragraph provided under clause (iii) and to maintain States merchant mariner license, certifi- (3) since 1990; and the property; cation, and document laws and the Inter- (5) provide an estimate of the costs associ- ‘‘(v) agrees that when the recipient no national Convention on Standards of Train- ated with installing the technology nec- longer requires the property, the recipient ing, Certification and Watchkeeping for Sea- essary to close communication gaps in the shall— farers, 1978, shall maximize the extent to locations identified under paragraph (3). ‘‘(I) return the property to the Secretary, which United States Armed Forces service, SEC. 232. REPORT RECONCILING MAINTENANCE at the recipient’s expense and in the same training, and qualifications are creditable AND OPERATIONAL PRIORITIES ON condition as received except for ordinary toward meeting the requirements of such THE MISSOURI RIVER. wear and tear; or laws and such Convention. Not later than 1 year after the date of en- ‘‘(II) subject to the approval of the Sec- (2) NOTIFICATION.—Not later than 90 days actment of this Act, the Commandant of the retary, retain, sell, or otherwise dispose of after the date of enactment of this Act, the Coast Guard shall submit to the Committee the property in a manner consistent with ap- Secretary shall notify the Committee on on Commerce, Science, and Transportation plicable law; and Transportation and Infrastructure of the of the Senate and the Committee on Trans- ‘‘(vi) agrees to any additional terms the House of Representatives and the Committee portation and Infrastructure of the House of Secretary considers appropriate. on Commerce, Science, and Transportation Representatives a report that outlines a ‘‘(2) REVERSION.—The Secretary shall in- of the Senate on the steps taken to imple- course of action to reconcile general mainte- clude in any conveyance under this sub- ment this subsection. nance priorities for cutters with operational section terms under which all right, title, (d) MERCHANT MARINE POST-SERVICE CA- priorities on the Missouri River. and interest conveyed by the Secretary shall REER OPPORTUNITIES.—Not later than 180 SEC. 233. MARITIME SEARCH AND RESCUE AS- revert to the Government if the Secretary days after the date of enactment of this Act, SISTANCE POLICY ASSESSMENT. determines the property has been used other the Commandant of the Coast Guard shall (a) IN GENERAL.—The Commandant of the than as approved by the Secretary under take steps to promote better awareness, on Coast Guard shall assess the Maritime paragraph (1)(B)(iii).’’. an ongoing basis, among Coast Guard per- Search and Rescue Assistance Policy as it SEC. 303. SMALL SHIPYARDS. sonnel regarding post-service use of Coast relates to State and local responders. Section 54101(i) of title 46, United States Guard training, education, and practical ex- (b) SCOPE.—The assessment under sub- Code, is amended by striking ‘‘2009 through perience in satisfaction of requirements for section (a) shall consider, at a minimum— 2013’’ and inserting ‘‘2015 through 2017’’. merchant mariner credentials under section 11.213 of title 46, Code of Federal Regula- (1) the extent to which Coast Guard search SEC. 304. DRUG TESTING REPORTING. tions. and rescue coordinators have entered into Section 7706 of title 46, United States Code, domestic search and rescue agreements with is amended— SEC. 306. CLARIFICATION OF HIGH-RISK WATERS. State and local responders under the Na- (1) in subsection (a), by inserting ‘‘an ap- Section 55305(e) of title 46, United States tional Search and Rescue Plan; plicant for employment by a Federal agen- Code, is amended— (2) whether the domestic search and rescue cy,’’ after ‘‘Federal agency,’’; and (1) in paragraph (1)— agreements include the Maritime Search and (2) in subsection (c), by— (A) by striking ‘‘provide armed personnel Rescue Assistance Policy; and (A) inserting ‘‘or an applicant for employ- aboard’’ and inserting ‘‘reimburse, subject to (3) the extent to which Coast Guard sectors ment by a Federal agency’’ after ‘‘an em- the availability of appropriations, the own- coordinate with 911 emergency centers, in- ployee’’; and ers or operators of’’; and cluding ensuring the dissemination of appro- (B) striking ‘‘the employee.’’ and inserting (B) by inserting ‘‘for the cost of providing priate maritime distress check-sheets. ‘‘the employee or the applicant.’’. armed personnel aboard such vessels’’ before (c) REPORT.—Not later than 180 days after ‘‘if’’; and SEC. 305. OPPORTUNITIES FOR SEA SERVICE VET- (2) by striking paragraphs (2) and (3) and the date of enactment of this Act, the Com- ERANS. mandant of the Coast Guard shall submit a inserting the following: (a) ENDORSEMENTS FOR VETERANS.—Section ‘‘(2) In this subsection, the term ‘high-risk report on the assessment under subsection 7101 of title 46, United States Code, is amend- waters’ means waters so designated by the (a) to the Committee on Commerce, Science, ed by adding at the end the following: Commandant of the Coast Guard in the mari- and Transportation of the Senate and the ‘‘(j) The Secretary may issue a license time security directive issued by the Com- Committee on Transportation and Infra- under this section in a class under sub- mandant and in effect on the date on which structure of the House of Representatives. section (c) to an applicant that— an applicable voyage begins, if the Secretary TITLE III—SHIPPING AND NAVIGATION ‘‘(1) has at least 3 months of qualifying of Transportation— service on vessels of the uniformed services SEC. 301. REPEAL. ‘‘(A) determines that an act of piracy oc- (as that term is defined in section 101(a) of Chapter 555 of title 46, United States Code, curred in the 12-month period preceding the title 10) of appropriate tonnage or horse- is amended— date the voyage begins; or power within the 7-year period immediately (1) by repealing section 55501; ‘‘(B) in such period, issued an advisory preceding the date of application; and (2) by redesignating section 55502 as section warning that an act of piracy is possible in ‘‘(2) satisfies all other requirements for 55501; and such waters.’’. (3) in the analysis by striking the items re- such a license.’’. SEC. 307. TECHNICAL CORRECTIONS. lating to sections 55501 and 55502 and insert- (b) SEA SERVICE LETTERS.— (a) TITLE 46.—Section 2116(b)(1)(D) of title ing the following: (1) IN GENERAL.—Title 14, United States Code, is amended by inserting after section 46, United States Code, is amended by strik- ‘‘55501. United States Committee on the Ma- 427 the following: ing ‘‘section 93(c)’’ and inserting ‘‘section rine Transportation System.’’. 93(c) of title 14’’. SEC. 302. DONATION OF HISTORICAL PROPERTY. ‘‘§ 428. Sea service letters (b) COAST GUARD AND MARITIME TRANSPOR- Section 51103 of title 46, United States ‘‘(a) IN GENERAL.—The Secretary shall pro- TATION ACT OF 2006.—Section 304(a) of the Code, is amended by adding at the end the vide a sea service letter to a member or Coast Guard and Maritime Transportation following: former member of the Coast Guard who— Act of 2006 (Public Law 109–241; 33 U.S.C. 1503 ‘‘(e) DONATION FOR HISTORICAL PURPOSES.— ‘‘(1) accumulated sea service on a vessel of note) is amended by inserting ‘‘and from’’ be- ‘‘(1) IN GENERAL.—The Secretary may con- the armed forces (as such term is defined in fore ‘‘the United States’’. vey the right, title, and interest of the section 101(a) of title 10); and (c) DEEPWATER PORT ACT OF 1974.—Section United States Government in any property ‘‘(2) requests such letter. 4(i) of the Deepwater Port Act of 1974 (33 administered by the Maritime Administra- ‘‘(b) DEADLINE.—Not later than 30 days U.S.C. 1503(i)) is amended by inserting ‘‘or tion, except real estate or vessels, if— after receiving a request for a sea service let- that will supply’’ after ‘‘be supplied with’’. ‘‘(A) the Secretary determines that such ter from a member or former member of the SEC. 308. REPORT. property is not needed by the Maritime Ad- Coast Guard under subsection (a), the Sec- Not later than 1 year after the date of the ministration; and retary shall provide such letter to such enactment of this Act, the Comptroller Gen- ‘‘(B) the recipient— member or former member if such member eral of the United States shall submit to the ‘‘(i) is a nonprofit organization, a State, or or former member satisfies the requirement Committee on Transportation and Infra- a political subdivision of a State; under subsection (a)(1).’’. structure of the House of Representatives ‘‘(ii) agrees to hold the Government harm- (2) CLERICAL AMENDMENT.—The analysis for and the Committee on Commerce, Science, less for any claims arising from exposure to chapter 11 of title 14, United States Code, is and Transportation of the Senate a report on hazardous materials, including asbestos, pol- amended by inserting after the item relating the number of jobs, including vessel con- ychlorinated biphenyls, or lead paint, after to section 427 the following: struction and vessel operating jobs, that conveyance of the property; ‘‘428. Sea service letters.’’. would be created in the United States mari- ‘‘(iii) provides a description and expla- (c) CREDITING OF UNITED STATES ARMED time industry each year in 2015 through 2025 nation of the intended use of the property to FORCES SERVICE, TRAINING, AND QUALIFICA- if liquified natural gas exported from the the Secretary for approval; TIONS.— United States were required to be carried— ‘‘(iv) has provided to the Secretary proof, (1) MAXIMIZING CREDITABILITY.—The Sec- (1) before December 31, 2018, on vessels doc- as determined by the Secretary, of resources retary of the department in which the Coast umented under the laws of the United sufficient to accomplish the intended use Guard is operating, in implementing United States; and

VerDate Sep 11 2014 06:55 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.043 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9009 (2) on and after such date, on vessels docu- ‘‘(ii) 3 engineering officers who represent (2) in subsection (c), by striking ‘‘sub- mented under the laws of the United States the viewpoint of merchant marine engineer- sections (a) and (b),’’ and inserting ‘‘sub- and constructed in the United States. ing officers, of whom— section (a),’’. SEC. 309. FISHING SAFETY GRANT PROGRAMS. ‘‘(I) 2 shall be licensed as chief engineer (b) TITLE 14, UNITED STATES CODE.—Sec- any horsepower; tion 664 of title 14, United States Code, is (a) FISHING SAFETY TRAINING GRANT PRO- ‘‘(II) 1 shall be licensed as either a limited amended by redesignating subsections (e) GRAM.—Section 4502(i)(4) of title 46, United States Code, is amended by striking ‘‘2010 chief engineer or a designated duty engineer; though (g) as subsections (f) through (h), re- through 2014’’ and inserting ‘‘2015 through and spectively, and by inserting after subsection 2017’’. ‘‘(III) to the extent practicable— (d) the following: ‘‘(aa) 1 shall represent a labor viewpoint; ‘‘(e)(1) In addition to the collection of fees (b) FISHING SAFETY RESEARCH GRANT PRO- and and charges established under this section, GRAM.—Section 4502(j)(4) of title 46, United in the provision of a service or thing of value States Code, is amended by striking ‘‘2010 ‘‘(bb) another shall represent a manage- by the Coast Guard the Secretary may ac- through 2014’’ and inserting ‘‘2015 through ment perspective; cept in-kind transportation, travel, and sub- 2017’’. ‘‘(iii) 2 unlicensed seamen, of whom— ‘‘(I) 1 shall represent the viewpoint of able- sistence. SEC. 310. ESTABLISHMENT OF MERCHANT MA- bodied seamen; and ‘‘(2) The value of in-kind transportation, RINE PERSONNEL ADVISORY COM- ‘‘(II) another shall represent the viewpoint travel, and subsistence accepted under this MITTEE. of qualified members of the engine depart- paragraph may not exceed applicable per (a) ESTABLISHMENT.—Chapter 81 of title 46, ment; and diem rates set forth in regulations prescribed United States Code, is amended by adding at ‘‘(iv) 1 pilot who represents the viewpoint under section 464 of title 37.’’. the end the following: of merchant marine pilots; (c) LIMITATION.—The Secretary of the De- ‘‘§ 8108. Merchant Marine Personnel Advisory ‘‘(B) 6 marine educators, including— partment in which the Coast Guard is oper- Committee ‘‘(i) 3 marine educators who represent the ating may not accept in-kind transportation, ‘‘(a) ESTABLISHMENT.—The Secretary shall viewpoint of maritime academies, includ- travel, or subsistence under section 664(e) of establish a Merchant Marine Personnel Advi- ing— title 14, United States Code, or section sory Committee (in this section referred to ‘‘(I) 2 who represent the viewpoint of State 2110(d)(4) of title 46, United States Code, as as ‘the Committee’). The Committee— maritime academies and are jointly rec- amended by this section, until the Com- ‘‘(1) shall act solely in an advisory capac- ommended by such State maritime acad- mandant of the Coast Guard— ity to the Secretary through the Com- emies; and (1) amends the Standards of Ethical Con- mandant of the Coast Guard on matters re- ‘‘(II) 1 who represents either the viewpoint duct for members and employees of the Coast lating to personnel in the United States mer- of the State maritime academies or the Guard to include regulations governing the chant marine, including training, qualifica- United States Merchant Marine Academy; acceptance of in-kind reimbursements; and tions, certification, documentation, and fit- and (2) notifies the Committee on Commerce, ness standards, and other matters as as- ‘‘(ii) 3 marine educators who represent the Science, and Transportation of the Senate signed by the Commandant; viewpoint of other maritime training insti- and the Committee on Transportation and ‘‘(2) shall review and comment on proposed tutions, 1 of whom shall represent the view- Infrastructure of the House of Representa- Coast Guard regulations and policies relat- point of the small vessel industry; tives of the amendments made under para- ing to personnel in the United States mer- ‘‘(C) 2 individuals who represent the view- graph (1). chant marine, including training, qualifica- point of shipping companies employed in SEC. 312. PROMPT INTERGOVERNMENTAL NO- tions, certification, documentation, and fit- ship operation management; and TICE OF MARINE CASUALTIES. ness standards; ‘‘(D) 2 members who are appointed from Section 6101 of title 46, United States Code, ‘‘(3) may be given special assignments by the general public. is amended— the Secretary and may conduct studies, in- ‘‘(3) CONSULTATION.—The Secretary shall (1) by inserting after subsection (b) the fol- quiries, workshops, and fact finding in con- consult with the Secretary of Transportation lowing: sultation with individuals and groups in the in making an appointment under paragraph ‘‘(c) NOTICE TO STATE AND TRIBAL GOVERN- private sector and with State or local gov- (2)(B)(i)(II). MENTS.—Not later than 24 hours after receiv- ernments; ‘‘(c) CHAIRMAN AND VICE CHAIRMAN.—The ing a notice of a major marine casualty ‘‘(4) shall advise, consult with, and make Secretary shall designate one member of the under this section, the Secretary shall notify recommendations reflecting its independent Committee as the Chairman and one member each State or federally recognized Indian judgment to the Secretary; of the Committee as the Vice Chairman. The tribe that is, or may reasonably be expected ‘‘(5) shall meet not less than twice each Vice Chairman shall act as Chairman in the to be, affected by such marine casualty.’’; year; and absence or incapacity of the Chairman, or in (2) in subsection (h)— ‘‘(6) may make available to Congress rec- the event of a vacancy in the office of the (A) by striking ‘‘(1)’’; and ommendations that the Committee makes to Chairman. (B) by redesignating subsection (h)(2) as the Secretary. ‘‘(d) SUBCOMMITTEES.—The Committee may subsection (i) of section 6101, and in such ‘‘(b) MEMBERSHIP.— establish and disestablish subcommittees subsection— ‘‘(1) IN GENERAL.—The Committee shall and working groups for any purpose con- (i) by striking ‘‘paragraph,’’ and inserting consist of not more than 19 members who are sistent with this section, subject to condi- ‘‘section,’’; and appointed by and serve terms of a duration tions imposed by the Committee. Members of (ii) by redesignating subparagraphs (A) determined by the Secretary. Before filling a the Committee and additional persons drawn through (D) as paragraphs (1) through (4); position on the Committee, the Secretary from the general public may be assigned to and shall publish a notice in the Federal Register such subcommittees and working groups. (3) by redesignating the last subsection as soliciting nominations for membership on Only Committee members may chair sub- subsection (j). the Committee. committee or working groups. SEC. 313. AREA CONTINGENCY PLANS. ‘‘(2) REQUIRED MEMBERS.—Subject to para- ‘‘(e) TERMINATION.—The Committee shall Section 311(j)(4) of the Federal Water Pol- graph (3), the Secretary shall appoint as terminate on September 30, 2020.’’. lution Control Act (33 U.S.C. 1321(j)(4)) is members of the Committee— (b) CLERICAL AMENDMENT.—The analysis amended— ‘‘(A) 9 United States citizens with active li- for such chapter is amended by adding at the (1) in subparagraph (A), by striking ‘‘quali- censes or certificates issued under chapter 71 end the following: fied personnel of Federal, State, and local or merchant mariner documents issued ‘‘8108. Merchant Marine Personnel Advisory agencies.’’ and inserting ‘‘qualified— under chapter 73, including— Committee.’’. ‘‘(i) personnel of Federal, State, and local ‘‘(i) 3 deck officers who represent the view- SEC. 311. TRAVEL AND SUBSISTENCE. agencies; and point of merchant marine deck officers, of (a) TITLE 46, UNITED STATES CODE.—Sec- ‘‘(ii) members of federally recognized In- whom— tion 2110 of title 46, United States Code, is dian tribes, where applicable.’’; ‘‘(I) 2 shall be licensed for oceans any gross amended— (2) in subparagraph (B)(ii)— tons; (1) by amending subsection (b) to read as (A) by striking ‘‘and local’’ and inserting ‘‘(II) 1 shall be licensed for inland river follows: ‘‘, local, and tribal’’; and route with a limited or unlimited tonnage; ‘‘(b)(1) In addition to the collection of fees (B) by striking ‘‘wildlife;’’ and inserting ‘‘(III) 2 shall have a master’s license or a and charges established under subsection (a), ‘‘wildlife, including advance planning with master of towing vessels license; in providing a service or thing of value under respect to the closing and reopening of fish- ‘‘(IV) 1 shall have significant tanker expe- this subtitle the Secretary may accept in- ing areas following a discharge;’’; rience; and kind transportation, travel, and subsistence. (3) in subparagraph (B)(iii), by striking ‘‘(V) to the extent practicable— ‘‘(2) The value of in-kind transportation, ‘‘and local’’ and inserting ‘‘, local, and trib- ‘‘(aa) 1 shall represent the viewpoint of travel, and subsistence accepted under this al’’; and labor; and paragraph may not exceed applicable per (4) in subparagraph (C)— ‘‘(bb) another shall represent a manage- diem rates set forth in regulations prescribed (A) in clause (iv), by striking ‘‘and Federal, ment perspective; under section 464 of title 37.’’; and State, and local agencies’’ and inserting ‘‘,

VerDate Sep 11 2014 06:55 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.043 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9010 CONGRESSIONAL RECORD — HOUSE December 10, 2014 Federal, State, and local agencies, and tribal ‘‘(B) any savings in personnel and oper- Practice referred to in paragraph (1) shall governments’’; ational costs incurred by the Coast Guard apply with respect to the vessels referred to (B) by redesignating clauses (vii) and (viii) that resulted from the delegations; and in paragraph (1).’’. as clauses (viii) and (ix), respectively; and ‘‘(C) based on measurable marine casualty (b) TECHNICAL CORRECTION.—Section 4105(c) (C) by inserting after clause (vi) the fol- and other data, any impacts of the delega- of title 46, United States Code, as redesig- lowing: tions on the operational safety of vessels for nated by subsection (a)(1) of this section, is ‘‘(vii) include a framework for advance which the delegations were made, and on the amended by striking ‘‘Within twenty-four planning and decisionmaking with respect to crew on those vessels.’’. months of the date of enactment of this sub- the closing and reopening of fishing areas SEC. 316. WATCHES. section, the’’ and inserting ‘‘The’’. following a discharge, including protocols Section 8104 of title 46, United States Code, SEC. 320. TREATMENT OF ABANDONED SEA- and standards for the closing and reopening is amended— FARERS. of fishing areas;’’. (1) in subsection (d), by striking ‘‘coal (a) IN GENERAL.—Chapter 111 of title 46, United States Code, is amended by adding at SEC. 314. INTERNATIONAL ICE PATROL REFORM. passers, firemen, oilers, and water tenders’’ the end the following: (a) IN GENERAL.—Chapter 803 of title 46, and inserting ‘‘and oilers’’; and United States Code, is amended— (2) in subsection (g)(1), by striking ‘‘(ex- ‘‘§ 11113. Treatment of abandoned seafarers (1) in section 80301, by adding at the end cept the coal passers, firemen, oilers, and ‘‘(a) ABANDONED SEAFARERS FUND.— the following: water tenders)’’. ‘‘(1) ESTABLISHMENT.—There is established ‘‘(c) PAYMENTS.—Payments received pursu- SEC. 317. COAST GUARD RESPONSE PLAN RE- in the Treasury a separate account to be ant to subsection (b)(1) shall be credited to QUIREMENTS. known as the Abandoned Seafarers Fund. the appropriation for operating expenses of (a) VESSEL RESPONSE PLAN CONTENTS.—The ‘‘(2) AUTHORIZED USES.—Amounts in the the Coast Guard.’’; Secretary of the department in which the Fund may be appropriated to the Secretary (2) in section 80302— Coast Guard is operating shall require that for use— (A) in subsection (b), by striking ‘‘An ice each vessel response plan prepared for a mo- ‘‘(A) to pay necessary support of a sea- patrol vessel’’ and inserting ‘‘The ice pa- bile offshore drilling unit includes informa- farer— trol’’; tion from the facility response plan prepared ‘‘(i) who— (B) in subsection (c)(1), by striking ‘‘An ice for the mobile offshore drilling unit regard- ‘‘(I) was paroled into the United States patrol vessel’’ and inserting ‘‘The ice pa- ing the planned response to a worst case dis- under section 212(d)(5) of the Immigration trol’’; and charge, and to a threat of such a discharge. and Nationality Act (8 U.S.C. 1182(d)(5)), or (C) in the first sentence of subsection (d), (b) DEFINITIONS.—In this section: for whom the Secretary has requested parole by striking ‘‘vessels’’ and inserting ‘‘air- (1) MOBILE OFFSHORE DRILLING UNIT.—The under such section; and craft’’; and term ‘‘mobile offshore drilling unit’’ has the ‘‘(II) is involved in an investigation, re- (3) by adding at the end the following: meaning given that term in section 1001 of porting, documentation, or adjudication of ‘‘§ 80304. Limitation on ice patrol data the Oil Pollution Act of 1990 (33 U.S.C. 2701). any matter that is related to the administra- tion or enforcement of law by the Coast ‘‘Notwithstanding sections 80301 and 80302, (2) RESPONSE PLAN.—The term ‘‘response Guard; or data collected by an ice patrol conducted by plan’’ means a response plan prepared under the Coast Guard under this chapter may not section 311(j) of the Federal Water Pollution ‘‘(ii) who— be disseminated to a vessel unless such ves- Control Act (33 U.S.C. 1321(j)). ‘‘(I) is physically present in the United sel is— (3) WORST CASE DISCHARGE.—The term States; ‘‘(II) the Secretary determines was aban- ‘‘(1) documented under the laws of the ‘‘worst case discharge’’ has the meaning doned in the United States; and United States; or given that term under section 311(a) of the ‘‘(III) has not applied for asylum under the ‘‘(2) documented under the laws of a for- Federal Water Pollution Control Act (33 Immigration and Nationality Act (8 U.S.C. eign country that made the payment or con- U.S.C. 1321(a)). 1101 et seq.); and tribution required under section 80301(b) for (c) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) to reimburse a vessel owner or oper- the year preceding the year in which the this section shall be construed to require the Coast Guard to review or approve a facility ator for the costs of necessary support of a data is collected.’’. seafarer who has been paroled into the (b) CLERICAL AMENDMENT.—The analysis response plan for a mobile offshore drilling for such chapter is amended by adding at the unit. United States to facilitate an investigation, end the following: SEC. 318. REGIONAL CITIZENS’ ADVISORY COUN- reporting, documentation, or adjudication of CIL. any matter that is related to the administra- ‘‘80304. Limitation on ice patrol data.’’. Section 5002(k)(3) of the Oil Pollution Act tion or enforcement of law by the Coast (c) EFFECTIVE DATE.—This section shall Guard, if— take effect on January 1, 2017. of 1990 (33 U.S.C. 2732(k)(3)) is amended by striking ‘‘not more than $1,000,000’’ and in- ‘‘(i) the vessel owner or operator is not SEC. 315. OFFSHORE SUPPLY VESSEL THIRD- convicted of a criminal offense related to PARTY INSPECTION. serting ‘‘not less than $1,400,000’’. such matter; or Section 3316 of title 46, United States Code, SEC. 319. UNINSPECTED PASSENGER VESSELS IN ‘‘(ii) the Secretary determines that reim- is amended by redesignating subsection (f) as THE UNITED STATES VIRGIN IS- LANDS. bursement is appropriate. subsection (g), and by inserting after sub- (a) IN GENERAL.—Section 4105 of title 46, ‘‘(3) CREDITING OF AMOUNTS TO FUND.— section (e) the following: ‘‘(f)(1) Upon request of an owner or oper- United States Code, is amended— ‘‘(A) IN GENERAL.—Except as provided in ator of an offshore supply vessel, the Sec- (1) by redesignating subsection (b) as sub- subparagraph (B), there shall be credited to retary shall delegate the authorities set section (c); and the Fund the following: forth in paragraph (1) of subsection (b) with (2) by inserting after subsection (a) the fol- ‘‘(i) Penalties deposited in the Fund under respect to such vessel to a classification so- lowing: section 9 of the Act to Prevent Pollution ‘‘(b)(1) In applying this title with respect ciety to which a delegation is authorized from Ships (33 U.S.C. 1908). to an uninspected vessel of less than 24 me- under that paragraph. A delegation by the ‘‘(ii) Amounts reimbursed or recovered Secretary under this subsection shall be used ters overall in length that carries passengers under subsection (c). for any vessel inspection and examination to or from a port in the United States Virgin ‘‘(B) LIMITATION.—Amounts may be cred- function carried out by the Secretary, in- Islands, the Secretary shall substitute ‘12 ited to the Fund under subparagraph (A) cluding the issuance of certificates of inspec- passengers’ for ‘6 passengers’ each place it only if the unobligated balance of the Fund tion and all other related documents. appears in section 2101(42) if the Secretary is less than $5,000,000. ‘‘(2) If the Secretary determines that a cer- determines that the vessel complies with, as ‘‘(4) REPORT REQUIRED.—On the date on tificate of inspection or related document applicable to the vessel— which the President submits each budget for issued under authority delegated under para- ‘‘(A) the Code of Practice for the Safety of a fiscal year pursuant to section 1105 of title graph (1) of this subsection with respect to a Small Commercial Motor Vessels (commonly 31, the Secretary shall submit to the Com- vessel has reduced the operational safety of referred to as the ‘Yellow Code’), as pub- mittee on Transportation and Infrastructure that vessel, the Secretary may terminate the lished by the U.K. Maritime and Coastguard of the House of Representatives and the certificate or document, respectively. Agency and in effect on January 1, 2014; or Committee on Commerce, Science, and ‘‘(3) Not later than 2 years after the date of ‘‘(B) the Code of Practice for the Safety of Transportation of the Senate a report that the enactment of the Howard Coble Coast Small Commercial Sailing Vessels (com- describes— Guard and Maritime Transportation Act of monly referred to as the ‘Blue Code’), as pub- ‘‘(A) the amounts credited to the Fund 2014, and for each year of the subsequent 2- lished by such agency and in effect on such under paragraph (2) for the preceding fiscal year period, the Secretary shall provide to date. year; and the Committee on Transportation and Infra- ‘‘(2) If the Secretary establishes standards ‘‘(B) amounts in the Fund that were ex- structure of the House of Representatives to carry out this subsection— pended for the preceding fiscal year. and the Committee on Commerce, Science, ‘‘(A) such standards shall be identical to ‘‘(b) LIMITATION.—Nothing in this section and Transportation of the Senate a report those established in the Codes of Practice re- shall be construed— describing— ferred to in paragraph (1); and ‘‘(1) to create a private right of action or ‘‘(A) the number of vessels for which a del- ‘‘(B) on any dates before the date on which any other right, benefit, or entitlement to egation was made under paragraph (1); such standards are in effect, the Codes of necessary support for any person; or

VerDate Sep 11 2014 06:55 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.043 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9011 ‘‘(2) to compel the Secretary to pay or re- litical subdivision thereof, or a foreign na- of the Coast Guard’s proposed promulgation imburse the cost of necessary support. tion; and of safety and environmental management ‘‘(c) REIMBURSEMENT; RECOVERY.— ‘‘(B) not engaged in commerce.’’. system requirements for vessels engaged in ‘‘(1) IN GENERAL.—A vessel owner or oper- (b) CLERICAL AMENDMENT.—The analysis Outer Continental Shelf activities. The anal- ator shall reimburse the Fund an amount for such chapter is amended by adding at the ysis shall include— equal to the total amount paid from the end the following: (1) a discussion of any new operational, Fund for necessary support of a seafarer, if— ‘‘11113. Treatment of abandoned seafarers.’’. management, design and construction, finan- ‘‘(A) the vessel owner or operator— (c) CONFORMING AMENDMENT.—Section 9 of cial, and other mandates that would be im- ‘‘(i) during the course of an investigation, the Act to Prevent Pollution from Ships (33 posed on vessel owners and operators; reporting, documentation, or adjudication of U.S.C. 1908) is amended by adding at the end (2) an estimate of all associated direct and any matter under this Act that the Coast the following: indirect operational, management, per- Guard referred to a United States attorney ‘‘(g) Any penalty collected under sub- sonnel, training, vessel design and construc- or the Attorney General, fails to provide nec- section (a) or (b) that is not paid under that tion, record keeping, and other costs; essary support of a seafarer who was paroled subsection to the person giving information (3) an identification and justification of into the United States to facilitate the in- leading to the conviction or assessment of any of such proposed requirements that ex- vestigation, reporting, documentation, or ad- such penalties shall be deposited in the ceed those in international conventions ap- judication; and Abandoned Seafarers Fund established under plicable to the design, construction, oper- ‘‘(ii) subsequently is— section 11113 of title 46, United States ation, and management of vessels engaging ‘‘(I) convicted of a criminal offense related Code.’’. in United States Outer Continental Shelf ac- to such matter; or SEC. 321. WEBSITE. tivities; and ‘‘(II) required to reimburse the Fund pursu- (a) REPORTS TO SECRETARY OF TRANSPOR- (4) an identification of exemptions to the ant to a court order or negotiated settlement TATION; INCIDENTS AND DETAILS.—Section proposed requirements, that are based upon related to such matter; or 3507(g)(3)(A) of title 46, United States Code, vessel classification, tonnage, offshore activ- ‘‘(B) the vessel owner or operator abandons is amended— ity or function, alternative certifications, or a seafarer in the United States, as deter- (1) in clause (ii) by striking ‘‘the incident any other appropriate criteria. mined by the Secretary based on substantial to an Internet based portal maintained by (b) LIMITATION.—The Secretary may not evidence. the Secretary’’ and inserting ‘‘each incident issue proposed regulations relating to safety ‘‘(2) ENFORCEMENT.—If a vessel owner or operator fails to reimburse the Fund under specified in clause (i) to the Internet website and environmental management system re- paragraph (1) within 60 days after receiving a maintained by the Secretary of Transpor- quirements for vessels on the United States written, itemized description of reimburs- tation under paragraph (4)(A)’’; and Outer Continental Shelf for which noticed able expenses and a demand for payment, the (2) in clause (iii) by striking ‘‘based portal was published on September 10, 2013 (78 Fed. Secretary may— maintained by the Secretary’’ and inserting Reg. 55230) earlier than 6 months after the ‘‘(A) proceed in rem against the vessel on ‘‘website maintained by the Secretary of submittal of the analysis required by sub- which the seafarer served in the Federal dis- Transportation under paragraph (4)(A)’’. section (a). (b) AVAILABILITY OF INCIDENT DATA ON trict court for the district in which the ves- TITLE IV—FEDERAL MARITIME INTERNET.—Section 3507(g)(4) of title 46, sel is found; and COMMISSION ‘‘(B) withhold or revoke the clearance re- United States Code, is amended— SEC. 401. AUTHORIZATION OF APPROPRIATIONS. quired under section 60105 for the vessel and (1) by striking subparagraph (A) and in- any other vessel operated by the same oper- serting the following: There is authorized to be appropriated to ator (as that term is defined in section 2(9)(a) ‘‘(A) WEBSITE.— the Federal Maritime Commission $24,700,000 of the Act to Prevent Pollution from Ships ‘‘(i) IN GENERAL.—The Secretary of Trans- for fiscal year 2015. (33 U.S.C. 1901(9)(a)) as the vessel on which portation shall maintain a statistical com- SEC. 402. AWARD OF REPARATIONS. pilation of all incidents on board a cruise the seafarer served. Section 41305 of title 46, United States vessel specified in paragraph (3)(A)(i) on an ‘‘(3) OBTAINING CLEARANCE.—A vessel may Code, is amended— Internet website that provides a numerical obtain clearance from the Secretary after it (1) in subsection (b), by striking ‘‘, plus accounting of the missing persons and al- is withheld or revoked under paragraph reasonable attorney fees’’; and leged crimes reported under that paragraph (2)(B) if the vessel owner or operator— (2) by adding at the end the following: ‘‘(A) reimburses the Fund the amount re- without regard to the investigative status of the incident. ‘‘(e) ATTORNEY FEES.—In any action quired under paragraph (1); or brought under section 41301, the prevailing ‘‘(B) provides a bond, or other evidence of ‘‘(ii) UPDATES AND OTHER REQUIREMENTS.— The compilation under clause (i) shall— party may be awarded reasonable attorney financial responsibility, sufficient to meet fees.’’. the amount required to be reimbursed under ‘‘(I) be updated not less frequently than paragraph (1). quarterly; SEC. 403. TERMS OF COMMISSIONERS. ‘‘(4) NOTIFICATION REQUIRED.—The Sec- ‘‘(II) be able to be sorted by cruise line; (a) IN GENERAL.—Section 301(b) of title 46, retary shall notify the vessel at least 72 ‘‘(III) identify each cruise line by name; United States Code, is amended— hours before taking any action under para- ‘‘(IV) identify each crime or alleged crime (1) by amending paragraph (2) to read as graph (2)(B). committed or allegedly committed by a pas- follows: ‘‘(d) DEFINITIONS.—In this section: senger or crewmember; ‘‘(2) TERMS.—The term of each Commis- ‘‘(1) ABANDONS; ABANDONED.—Each of the ‘‘(V) identify the number of individuals al- sioner is 5 years. When the term of a Com- terms ‘abandons’ and ‘abandoned’ means— leged overboard; and missioner ends, the Commissioner may con- ‘‘(A) a vessel owner’s or operator’s unilat- ‘‘(VI) include the approximate number of tinue to serve until a successor is appointed eral severance of ties with a seafarer; or passengers and crew carried by each cruise and qualified, but for a period not to exceed ‘‘(B) a vessel owner’s or operator’s failure line during each quarterly reporting period. one year. Except as provided in paragraph to provide necessary support of a seafarer. ‘‘(iii) USER-FRIENDLY FORMAT.—The Sec- (3), no individual may serve more than 2 ‘‘(2) FUND.—The term ‘Fund’ means the retary of Transportation shall ensure that terms.’’; and Abandoned Seafarers Fund established under the compilation, data, and any other infor- (2) by redesignating paragraph (3) as para- this section. mation provided on the Internet website graph (5), and inserting after paragraph (2) ‘‘(3) NECESSARY SUPPORT.—The term ‘nec- maintained under this subparagraph are in a the following: essary support’ means normal wages and ex- user-friendly format. The Secretary shall, to ‘‘(3) VACANCIES.—A vacancy shall be filled penses the Secretary considers reasonable the greatest extent practicable, use existing in the same manner as the original appoint- for lodging, subsistence, clothing, medical commercial off the shelf technology to ment. An individual appointed to fill a va- care (including hospitalization), repatri- transfer and establish the website, and shall cancy is appointed only for the unexpired ation, and any other support the Secretary not independently develop software, or ac- term of the individual being succeeded. An considers to be appropriate. quire new hardware in operating the site.’’; individual appointed to fill a vacancy may ‘‘(4) SEAFARER.—The term ‘seafarer’ means and serve 2 terms in addition to the remainder of an alien crew member who is employed or (2) in subparagraph (B) by striking ‘‘Sec- the term for which the predecessor of that engaged in any capacity on board a vessel retary’’ and inserting ‘‘Secretary of Trans- individual was appointed. subject to the jurisdiction of the United portation’’. ‘‘(4) CONFLICTS OF INTEREST.— States. SEC. 322. COAST GUARD REGULATIONS. ‘‘(A) LIMITATION ON RELATIONSHIPS WITH ‘‘(5) VESSEL SUBJECT TO THE JURISDICTION (a) IN GENERAL.—Not later than 1 year REGULATED ENTITIES.—A Commissioner may OF THE UNITED STATES.—The term ‘vessel after the date of the enactment of this Act, not have a pecuniary interest in, hold an of- subject to the jurisdiction of the United the Secretary of the department in which ficial relation to, or own stocks or bonds of States’ has the meaning given that term in the Coast Guard is operating shall submit to any entity the Commission regulates under section 70502(c), except that it does not in- the Committee on Commerce, Science, and chapter 401 of this title. clude a vessel that is— Transportation of the Senate and the Com- ‘‘(B) LIMITATION ON OTHER ACTIVITIES.—A ‘‘(A) owned, or operated under a bareboat mittee on Transportation and Infrastructure Commissioner may not engage in another charter, by the United States, a State or po- of the House of Representatives an analysis business, vocation, or employment.’’.

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(b) APPLICABILITY.—The amendment made ‘‘(3) by facilitating the sharing of informa- (B) the safety of maritime transportation; by subsection (a)(1) does not apply with re- tion, intelligence, and data related to the and spect to a Commissioner of the Federal Mari- Arctic maritime domain between the Coast (4) actions the Secretary must take to im- time Commission appointed and confirmed Guard and departments and agencies listed plement the requirements of such a code and by the Senate before the date of the enact- in subsection (b). such amendments. ment of this Act. ‘‘(b) COORDINATION.—The Commandant SEC. 504. FORWARD OPERATING FACILITIES. TITLE V—ARCTIC MARITIME shall seek to coordinate the collection, shar- The Secretary of the department in which TRANSPORTATION ing, and use of information, intelligence, and the Coast Guard is operating may construct SEC. 501. ARCTIC MARITIME TRANSPORTATION. data related to the Arctic maritime domain facilities in the Arctic (as that term is de- (a) ARCTIC MARITIME TRANSPORTATION.— between the Coast Guard and the following: fined in section 112 of the Arctic Research Chapter 5 of title 14, United States Code, is ‘‘(1) The Department of Homeland Secu- and Policy Act of 1984 (15 U.S.C. 4111). The fa- amended by inserting after section 89 the fol- rity. cilities shall— lowing: ‘‘(2) The Department of Defense. (1) support aircraft maintenance, including ‘‘(3) The Department of Transportation. ‘‘§ 90. Arctic maritime transportation exhaust ventilation, heat, an engine wash ‘‘(4) The Department of State. system, fuel, ground support services, and ‘‘(a) PURPOSE.—The purpose of this section ‘‘(5) The Department of the Interior. electrical power; is to ensure safe and secure maritime ship- ‘‘(6) The National Aeronautics and Space ping in the Arctic including the availability (2) provide shelter for both current heli- Administration. copter assets and those projected to be lo- of aids to navigation, vessel escorts, spill re- ‘‘(7) The National Oceanic and Atmos- sponse capability, and maritime search and cated at Air Station Kodiak, Alaska, for at pheric Administration. least 20 years; and rescue in the Arctic. ‘‘(8) The Environmental Protection Agen- ‘‘(b) INTERNATIONAL MARITIME ORGANIZA- (3) include accommodations for personnel. cy. TION AGREEMENTS.—To carry out the purpose SEC. 505. ICEBREAKERS. ‘‘(9) The National Science Foundation. of this section, the Secretary is encouraged (a) COAST GUARD POLAR ICEBREAKERS.— ‘‘(10) The Arctic Research Commission. to enter into negotiations through the Inter- Section 222 of the Coast Guard and Maritime ‘‘(11) Any Federal agency or commission or national Maritime Organization to conclude Transportation Act of 2012 (Public Law 112– State the Commandant determines is appro- and execute agreements to promote coordi- 213; 126 Stat. 1560) is amended— priate. nated action among the United States, Rus- (1) in subsection (d)(2)— ‘‘(c) COOPERATION.—The Commandant and sia, Canada, Iceland, Norway, and Denmark (A) in the paragraph heading by striking ‘‘; the head of a department or agency listed in and other seafaring and Arctic nations to en- BRIDGING STRATEGY’’; and subsection (b) may by agreement, on a reim- sure, in the Arctic— (B) by striking ‘‘Commandant of the Coast bursable basis or otherwise, share personnel, ‘‘(1) placement and maintenance of aids to Guard’’ and all that follows through the pe- services, equipment, and facilities to carry navigation; riod at the end and inserting ‘‘Commandant out the requirements of this section. ‘‘(2) appropriate marine safety, tug, and of the Coast Guard may decommission the YEAR STRATEGIC PLAN.—Not later ‘‘(d) 5- Polar Sea.’’; salvage capabilities; than January 1, 2016 and every 5 years there- (2) by adding at the end of subsection (d) ‘‘(3) oil spill prevention and response capa- after, the Commandant shall submit to the the following: bility; Committee on Commerce, Science, and ‘‘(3) RESULT OF NO DETERMINATION.—If in ‘‘(4) maritime domain awareness, including Transportation of the Senate and the Com- long-range vessel tracking; and the analysis submitted under this section mittee on Transportation and Infrastructure the Secretary does not make a determina- ‘‘(5) search and rescue. of the House of Representatives a 5-year ‘‘(c) COORDINATION BY COMMITTEE ON THE tion under subsection (a)(5) regarding wheth- strategic plan to guide interagency and MARITIME TRANSPORTATION SYSTEM.—The er it is cost effective to reactivate the Polar international intergovernmental cooperation Committee on the Maritime Transportation Sea, then— and coordination for the purpose of improv- System established under section 55501 of ‘‘(A) the Commandant of the Coast Guard ing maritime domain awareness in the Arc- title 46, United States Code, shall coordinate may decommission the Polar Sea; or tic the establishment of domestic transpor- ‘‘(B) the Secretary may make such deter- ‘‘(e) DEFINITIONS.—In this section the term tation policies in the Arctic necessary to mination, not later than 90 days after the ‘Arctic’ has the meaning given that term in carry out the purpose of this section. date of the enactment of Howard Coble Coast section 112 of the Arctic Research and Policy ‘‘(d) AGREEMENTS AND CONTRACTS.—The Guard and Maritime Transportation Act of Act of 1984 (15 U.S.C. 4111).’’. Secretary may, subject to the availability of 2014, and take actions in accordance with (b) CLERICAL AMENDMENT.—The analysis appropriations, enter into cooperative agree- this subsection as though such determina- for such chapter is amended by inserting ments, contracts, or other agreements with, tion was made in the analysis previously after the item relating to section 153 the fol- or make grants to, individuals and govern- submitted.’’; lowing: ments to carry out the purpose of this sec- (3) by redesignating subsections (e), (f), and tion or any agreements established under ‘‘154. Arctic maritime domain awareness.’’. (g) as subsections (f), (g), and (h), respec- subsection (b). SEC. 503. IMO POLAR CODE NEGOTIATIONS. tively; and ‘‘(e) ICEBREAKING.—The Secretary shall Not later than 30 days after the date of the (4) by inserting after subsection (d) the fol- promote safe maritime navigation by means enactment of this Act, and thereafter with lowing: of icebreaking where necessary, feasible, and the submission of the budget proposal sub- ‘‘(e) STRATEGIES.— effective to carry out the purposes of this mitted for each of fiscal years 2016, 2017, and ‘‘(1) IN GENERAL.—Not later than 180 days section. 2018 under section 1105 of title 31, United after the date on which the analysis required ‘‘(f) ARCTIC DEFINITION.—In this section, States Code, the Secretary of the depart- under subsection (a) is submitted, the Com- the term ‘Arctic’? has the meaning given ment in which the Coast Guard is operating mandant of the Coast Guard shall submit to such term in section 112 of the Arctic Re- shall submit to the Committee on Transpor- the Committee on Transportation and Infra- search and Policy Act of 1984 (15 U.S.C. tation and Infrastructure of the House of structure of the House of Representatives 4111).’’. Representatives and the Committee on Com- and the Committee on Commerce, Science, (b) CLERICAL AMENDMENT.—The analysis merce, Science, and Transportation of the and Transportation of the Senate— for such chapter is amended by inserting Senate, a report on— ‘‘(A) unless the Secretary makes a deter- after the item relating to section 89 the fol- (1) the status of the negotiations at the mination under this section that it is cost ef- lowing: International Maritime Organization regard- fective to reactivate the Polar Sea, a bridg- ‘‘90. Arctic maritime transportation’’. ing the establishment of a draft inter- ing strategy for maintaining the Coast (c) CONFORMING AMENDMENT.—Section 307 national code of safety for ships operating in Guard’s polar icebreaking services until at of the Coast Guard Authorization Act of 2010 polar waters, popularly known as the Polar least September 30, 2024; (Public Law 111–281; 14 U.S.C. 92 note) is re- Code, and any amendments proposed by such ‘‘(B) a strategy to meet the Coast Guard’s pealed. a code to be made to the International Con- Arctic ice operations needs through Sep- SEC. 502. ARCTIC MARITIME DOMAIN AWARE- vention for the Safety of Life at Sea and the tember 30, 2050; and NESS. International Convention for the Prevention ‘‘(C) a strategy to meet the Coast Guard’s (a) IN GENERAL.—Chapter 7 of title 14, of Pollution from Ships; Antarctic ice operations needs through Sep- United States Code, is amended by adding at (2) the coming into effect of such a code tember 30, 2050 the end the following: and such amendments for nations that are ‘‘(2) REQUIREMENT.—The strategies re- ‘‘§ 154. Arctic maritime domain awareness parties to those conventions; quired under paragraph (1) shall include a ‘‘(a) IN GENERAL.—The Commandant shall (3) impacts, for coastal communities lo- business case analysis comparing the leasing improve maritime domain awareness in the cated in the Arctic (as that term is defined and purchasing of icebreakers to maintain Arctic— in the section 112 of the Arctic Research and the needs and services described in that ‘‘(1) by promoting interagency cooperation Policy Act of 1984 (15 U.S.C. 4111)) of such a paragraph.’’. and coordination; code or such amendments, on— (b) CUTTER ‘‘POLAR SEA’’.—Upon the sub- ‘‘(2) by employing joint, interagency, and (A) the costs of delivering fuel and freight; mission of a service life extension plan in ac- international capabilities; and and cordance with section 222(d)(1)(C) of the

VerDate Sep 11 2014 06:55 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.043 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9013 Coast Guard and Maritime Transportation (2) include recommendations to— Senate of the status of the final rule that re- Act of 2012 (Public Law 112–213; 126 Stat. (A) make United States flag vessels more lates to the notice of proposed rulemaking 1560), the Secretary of the department in competitive in shipping routes between titled ‘‘Vessel Requirements for Notices of which the Coast Guard is operating may use United States and foreign ports; Arrival and Departure, and Automatic Iden- funds authorized under section 101 of this (B) increase the use of United States flag tification System’’ and published in the Fed- Act to conduct a service life extension of 7 to vessels to carry cargo imported to and ex- eral Register on December 16, 2008 (73 Fed. 10 years for the Coast Guard Cutter Polar Sea ported from the United States; Reg. 76295). (WAGB 11) in accordance with such plan. (C) ensure compliance by Federal agencies SEC. 607. CONVEYANCE OF COAST GUARD PROP- (c) LIMITATION.— with chapter 553 of title 46, United States ERTY IN ROCHESTER, NEW YORK. (1) IN GENERAL.—The Secretary of the de- Code; (a) CONVEYANCE AUTHORIZED.—The Com- partment in which the Coast Guard is oper- (D) increase the use of third-party inspec- mandant of the Coast Guard is authorized to ating may not expend amounts appropriated tion and certification authorities to inspect convey, at fair market value, all right, title, for the Coast Guard for any of fiscal years and certify vessels; and interest of the United States in and to a 2015 through 2024, for— (E) increase the use of short sea transpor- parcel of real property, consisting of approxi- (A) design activities related to a capability tation routes, including routes designated mately 0.2 acres, that is under the adminis- of a Polar-Class Icebreaker that is based under section 55601(c) of title 46, United trative control of the Coast Guard and lo- solely on an operational requirement of an- States Code, to enhance intermodal freight cated at 527 River Street in Rochester, New other Federal department or agency, except movements; and York. for amounts appropriated for design activi- (F) enhance United States shipbuilding ca- (b) RIGHT OF FIRST REFUSAL.—The City of ties for a fiscal year before fiscal year 2016; pability. Rochester, New York, shall have the right of or SEC. 604. WAIVERS. first refusal with respect to the purchase, at (B) long-lead-time materials, production, (a) ‘‘JOHN CRAIG’’.— fair market value, of the real property de- or post-delivery activities related to such a (1) IN GENERAL.—Section 8902 of title 46, scribed in subsection (a). capability. United States Code, shall not apply to the (c) SURVEY.—The exact acreage and legal (2) OTHER AMOUNTS.—Amounts made avail- vessel John Craig (United States official description of the property described in sub- able to the Secretary under an agreement number D1110613) when such vessel is oper- section (a) shall be determined by a survey with another Federal department or agency ating on the portion of the Kentucky River, satisfactory to the Commandant. and expended on a capability of a Polar-Class Kentucky, located at approximately mile (d) FAIR MARKET VALUE.—The fair market Icebreaker that is based solely on an oper- point 158, in Pool Number 9, between Lock value of the property described in subsection ational requirement of that or another Fed- and Dam Number 9 and Lock and Dam Num- (a) shall— eral department or agency shall not be treat- ber 10. (1) be determined by appraisal; and ed as amounts expended by the Secretary for (2) APPLICATION.—Paragraph (1) shall apply (2) be subject to the approval of the Com- purposes of the limitation established under on and after the date on which the Secretary mandant. paragraph (1). of the department in which the Coast Guard (e) COSTS OF CONVEYANCE.—The responsi- SEC. 506. ICEBREAKING IN POLAR REGIONS. is operating determines that a licensing re- bility for all reasonable and necessary costs, (a) IN GENERAL.—Chapter 5 of title 14, quirement has been established under Ken- including real estate transaction and envi- United States Code, is amended by inserting tucky State law that applies to an operator ronmental documentation costs, associated after section 86 the following: of the vessel John Craig. with a conveyance under subsection (a) shall ‘‘§ 87. Icebreaking in polar regions (b) ‘‘F/V WESTERN CHALLENGER’’.—Not- be determined by the Commandant and the ‘‘The President shall facilitate planning withstanding section 12132 of title 46, United purchaser. for the design, procurement, maintenance, States Code, the Secretary of the depart- (f) ADDITIONAL TERMS AND CONDITIONS.— deployment, and operation of icebreakers as ment in which the Coast Guard is operating The Commandant may require such addi- needed to support the statutory missions of may issue a certificate of documentation tional terms and conditions in connection the Coast Guard in the polar regions by allo- with a coastwise endorsement for the F/V with a conveyance under subsection (a) as cating all funds to support icebreaking oper- Western Challenger (IMO number 5388108). the Commandant considers appropriate and ations in such regions, except for recurring SEC. 605. COMPETITION BY UNITED STATES FLAG reasonable to protect the interests of the incremental costs associated with specific VESSELS. United States. projects, to the Coast Guard.’’. (a) IN GENERAL.—The Commandant of the (g) DEPOSIT OF PROCEEDS.—Any proceeds LERICAL AMENDMENT.—The analysis (b) C Coast Guard shall enter into an arrangement from a conveyance under subsection (a) shall for such chapter is amended by inserting with the National Academy of Sciences to be deposited in the fund established under after the item relating to section 86 the fol- conduct an assessment of authorities under section 687 of title 14, United States Code. lowing: subtitle II of title 46, United States Code, SEC. 608. CONVEYANCE OF CERTAIN PROPERTY ‘‘87. Icebreaking in polar regions.’’. that have been delegated to the Coast Guard IN GIG HARBOR, WASHINGTON. TITLE VI—MISCELLANEOUS and that impact the ability of vessels docu- (a) DEFINITIONS.—In this section, the fol- SEC. 601. DISTANT WATER TUNA FLEET. mented under the laws of the United States lowing definitions apply: Section 421 of the Coast Guard and Mari- to effectively compete in international (1) CITY.—The term ‘‘City’’ means the city time Transportation Act of 2006 (46 U.S.C. transportation markets. of Gig Harbor, Washington. 8103 note) is amended— (b) REVIEW OF DIFFERENCES WITH IMO (2) PROPERTY.—The term ‘‘Property’’ (1) by striking subsections (c) and (e); and STANDARDS.—The assessment under sub- means the parcel of real property, together (2) by redesignating subsections (d) and (f) section (a) shall include a review of dif- with any improvements thereon, consisting as subsections (c) and (d), respectively. ferences between United States laws, poli- of approximately 0.86 acres of fast lands com- SEC. 602. EXTENSION OF MORATORIUM. cies, regulations, and guidance governing the monly identified as tract 65 of lot 1 of sec- Section 2(a) of Public Law 110–299 (33 inspection of vessels documented under the tion 8, township 21 north, range 2 east, Wil- U.S.C. 1342 note) is amended by striking laws of the United States and standards set lamette Meridian, on the north side of the ‘‘2014’’ and inserting ‘‘2017’’. by the International Maritime Organization entrance of Gig Harbor, narrows of Puget SEC. 603. NATIONAL MARITIME STRATEGY. governing the inspection of vessels. Sound, Washington. (a) IN GENERAL.—Not later than 60 days (c) DEADLINE.—Not later than 180 days (3) SECRETARY.—The term ‘‘Secretary’’ after the date of the enactment of this Act, after the date on which the Commandant en- means the Secretary of the Interior. the Secretary of Transportation, in consulta- ters into an arrangement with the National (b) CONVEYANCE.— tion with the Secretary of the department in Academy of Sciences under subsection (a), (1) AUTHORITY TO CONVEY.—Not later than which the Coast Guard is operating, shall the Commandant shall submit to the Com- 30 days after the date on which the Secretary submit to the Committee on Transportation mittee on Transportation and Infrastructure of the department in which the Coast Guard and Infrastructure of the House of Rep- of the House of Representatives and the is operating relinquishes the reservation of resentatives and the Committee on Com- Committee on Commerce, Science, and the Property for lighthouse purposes, at the merce, Science, and Transportation of the Transportation of the Senate the assessment request of the City and subject to the re- Senate a national maritime strategy. required under such subsection. quirements of this section, the Secretary (b) CONTENTS.—The strategy required SEC. 606. VESSEL REQUIREMENTS FOR NOTICES shall convey to the City all right, title, and under subsection (a) shall— OF ARRIVAL AND DEPARTURE AND interest of the United States in and to the (1) identify— AUTOMATIC IDENTIFICATION SYS- Property, notwithstanding the land use plan- (A) Federal regulations and policies that TEM. ning requirements of sections 202 and 203 of reduce the competitiveness of United States Not later than 30 days after the date of the the Federal Land Policy and Management flag vessels in international transportation enactment of this Act, the Secretary of the Act of 1976 (43 U.S.C. 1712, 1713). markets; and department in which the Coast Guard is op- (2) TERMS OF CONVEYANCE.—A conveyance (B) the impact of reduced cargo flow due to erating shall notify the Committee on Trans- made under paragraph (1) shall be made— reductions in the number of members of the portation and Infrastructure of the House of (A) subject to valid existing rights; United States Armed Forces stationed or de- Representatives and the Committee on Com- (B) at the fair market value as described in ployed outside of the United States; and merce, Science, and Transportation of the subsection (c); and

VerDate Sep 11 2014 06:55 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.043 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9014 CONGRESSIONAL RECORD — HOUSE December 10, 2014 (C) subject to any other condition that the General Services, in coordination with the (A) in subsection (a), by striking ‘‘and (j)’’ Secretary may consider appropriate to pro- Commandant of the Coast Guard, shall allo- and inserting ‘‘and (h)’’; and tect the interests of the United States. cate and assign the spaces in parking facili- (B) by redesignating subsections (i), (j), (3) COSTS.—The City shall pay any trans- ties at the Department of Homeland Secu- and (k) as subsections (g), (h), and (i), respec- action or administrative costs associated rity St. Elizabeths Campus to allow any tively. with a conveyance under paragraph (1), in- member or employee of the Coast Guard, (b) REPEAL OF REQUIREMENT TO CONDUCT cluding the costs of the appraisal, title who is assigned to the Campus, to use such AN ANNUAL REVIEW OF COAST GUARD PER- searches, maps, and boundary and cadastral spaces. FORMANCE.— surveys. (2) TIMING.—In carrying out paragraph (1), (1) REPEAL.—Section 888(f) of the Home- (4) CONVEYANCE IS NOT A MAJOR FEDERAL and in addition to the parking spaces allo- land Security Act of 2002 (6 U.S.C. 468(f)) is ACTION.—A conveyance under paragraph (1) cated and assigned to Coast Guard members repealed. shall not be considered a major Federal ac- and employees in fiscal year 2014, the Admin- (2) CONFORMING AMENDMENTS.—Section 888 tion for purposes of section 102(2) of the Na- istrator shall allocate and assign not less of the Homeland Security Act of 2002 (6 tional Environmental Policy Act of 1969 (42 than— U.S.C. 468), as amended by paragraph (1), is U.S.C. 4332(2)). (A) 300 parking spaces not later than Sep- amended by redesignating subsections (g), (c) FAIR MARKET VALUE.— tember 30, 2015; (h), and (i) as subsections (f), (g), and (h), re- (1) DETERMINATION.—The fair market value (B) 700 parking spaces not later than Sep- spectively. of the Property shall be— tember 30, 2016; and (c) ANNUAL REVIEW OF GRANTS TO STATES AND HIGH-RISK URBAN AREAS.— (A) determined by an appraisal conducted (C) 1,042 parking spaces not later than Sep- (1) REPEAL.—Section 2022(a)(3) of the by an independent appraiser selected by the tember 30, 2017. Homeland Security Act of 2002 (6 U.S.C. Secretary; and (b) TRANSPORTATION MANAGEMENT RE- 612(a)(3)) is repealed. (B) approved by the Secretary in accord- PORT.—Not later than 1 year after the date of (2) CONFORMING AMENDMENTS.—Section ance with paragraph (3). the enactment of this Act, and each fiscal 2022(a) of the Homeland Security Act of 2002 (2) REQUIREMENTS.—An appraisal con- year thereafter in which spaces are allocated (6 U.S.C. 612(a)), as amended by paragraph ducted under paragraph (1) shall— and assigned under subsection (a)(2), the Ad- (1), is amended— (A) be conducted in accordance with na- ministrator shall provide to the Committee (A) by redesignating paragraphs (4), (5), (6), tionally recognized appraisal standards, in- on Commerce, Science, and Transportation and (7) as paragraphs (3), (4), (5), and (6), re- cluding— of the Senate and the Committee on Trans- spectively; (i) the Uniform Appraisal Standards for portation and Infrastructure of the House of (B) in paragraph (4), as redesignated— Federal Land Acquisitions; and Representatives a report on— (i) by striking ‘‘paragraphs (2) and (3)’’ and (ii) the Uniform Standards of Professional (1) the impact of assigning and allocating inserting ‘‘paragraph (2)’’; and Appraisal Practice; and parking spaces under subsection (a) on the (ii) by striking ‘‘paragraph (4)’’ and insert- (B) shall reflect the equitable consider- congestion of roads connecting the St. Eliza- ing ‘‘paragraph (3)’’. ations described in paragraph (3). beths Campus to the portions of Suitland (3) EFFECTIVE DATE.—The amendments (3) EQUITABLE CONSIDERATIONS.—In approv- Parkway and I–295 located in the Anacostia made by this subsection shall take effect on ing the fair market value of the Property section of the District of Columbia; and January 1, 2015. under this subsection, the Secretary shall (2) progress made toward completion of es- take into consideration matters of equity sential transportation improvements identi- The SPEAKER pro tempore. Pursu- and fairness, including the City’s past and fied in the Transportation Management Pro- ant to the rule, the gentleman from current lease of the Property, any mainte- gram for the St. Elizabeths Campus. California (Mr. HUNTER) and the gen- nance or improvements by the City to the (c) REALLOCATION.—Notwithstanding sub- tleman from California (Mr. Property, and such other factors as the Sec- section (a), the Administrator may revise GARAMENDI) each will control 20 min- retary considers appropriate. the allocation and assignment of spaces to utes. (d) REVOCATION; REVERSION.—Effective on members and employees of the Coast Guard The Chair recognizes the gentleman and after the date on which a conveyance of made under subsection (a) as necessary to from California (Mr. HUNTER). the Property is made under subsection accommodate employees of the Department GENERAL LEAVE (b)(1)— of Homeland Security, other than the Coast (1) Executive Order 3528, dated August 9, Guard, when such employees are assigned to Mr. HUNTER. Mr. Speaker, I ask 1921, is revoked; and the St. Elizabeths Campus. unanimous consent that all Members (2) the use of the tide and shore lands be- The bill was ordered to be read a may have 5 legislative days in which to longing to the State of Washington and ad- revise and extend their remarks and to third time, was read the third time, joining and bordering the Property, that include extraneous material on S. 2651. were granted to the Government of the and passed, and a motion to reconsider The SPEAKER pro tempore. Is there United States pursuant to the Act of the was laid on the table. objection to the request of the gen- Legislature, State of Washington, approved f tleman from California? March 13, 1909, the same being chapter 110 of There was no objection. the Session Laws of 1909, shall revert to the DHS OIG MANDATES REVISION Mr. HUNTER. Mr. Speaker, I yield State of Washington. ACT OF 2014 myself such time as I may consume. SEC. 609. VESSEL DETERMINATION. Mr. HUNTER. Mr. Speaker, I move to S. 2651, the DHS OIG Mandates Revi- The vessel assigned United States official sion Act of 2014, repeals three reports number 1205366 is deemed a new vessel effec- suspend the rules and pass the bill (S. tive on the date of delivery of the vessel 2651) to repeal certain mandates of the the Department of Homeland Security after January 1, 2012, from a privately owned Department of Homeland Security Of- Office of Inspector General is required United States shipyard, if no encumbrances fice of Inspector General. to conduct and submit annually to are on record with the Coast Guard at the The Clerk read the title of the bill. Congress. The reports include evalua- time of the issuance of the new certificate of The text of the bill is as follows: tions of the cargo inspection targeting documentation for the vessel. S. 2651 system for international intermodal SEC. 610. SAFE VESSEL OPERATION IN THUNDER cargo containers, Coast Guard mission Be it enacted by the Senate and House of Rep- BAY. performance, and certain Department The Secretary of the department in which resentatives of the United States of America in Congress assembled, of Homeland Security grants. the Coast Guard is operating and the Admin- Without a mandate, the Depart- SECTION 1. SHORT TITLE. istrator of the Environmental Protection ment’s Office of Inspector General can Agency may not prohibit a vessel operating This Act may be cited as the ‘‘DHS OIG within the existing boundaries and any fu- Mandates Revision Act of 2014’’. continue to conduct these audits peri- ture expanded boundaries of the Thunder SEC. 2. REPEAL OF REPORTING REQUIREMENTS. odically, but at its own discretion. CBO Bay National Marine Sanctuary and Under- (a) REPEAL OF REQUIREMENT TO CONDUCT estimates repeal of these mandates will water Preserve from taking up or dis- AN ANNUAL EVALUATION OF THE CARGO IN- save nearly $2 million to the taxpayers charging ballast water to allow for safe and SPECTION TARGETING SYSTEM.— annually. efficient vessel operation if the uptake or (1) REPEAL.—Subsections (g) and (h) of sec- I reserve the balance of my time. discharge meets all Federal and State bal- tion 809 of the Coast Guard and Maritime HOUSE OF REPRESENTATIVES, last water management requirements that Transportation Act of 2004 (Public Law 108– COMMITTEE ON HOMELAND SECURITY, would apply if the area were not a marine 293; 46 U.S.C. 70101 note) are repealed. Washington, DC, December 10, 2014. sanctuary. (2) CONFORMING AMENDMENTS.—Section 809 Hon. BILL SHUSTER, SEC. 611. PARKING FACILITIES. of the Coast Guard and Maritime Transpor- Chairman, House Committee on Transportation (a) ALLOCATION AND ASSIGNMENT.— tation Act of 2004 (Public Law 108–293; 118 and Infrastructure, Washington, DC. (1) IN GENERAL.—Subject to the require- Stat. 1085), as amended by paragraph (1), is DEAR CHAIRMAN SHUSTER: I write to you re- ments of this section, the Administrator of amended— garding the jurisdictional interest of the

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.043 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9015 Committee on Homeland Security in S. 2651, sources to something really useful, like may consume to the gentleman from the ‘‘DHS OIG Mandates Revision Act of finding out what went wrong, wherever Georgia (Mr. WESTMORELAND), my col- 2014’’. The measure passed the Senate by it might be. This way, the legislation league. unanimous consent on September 17, 2014 may improve the oversight of programs Mr. WESTMORELAND. Mr. Speaker, and was additionally referred to the Com- I rise today in support of H.R. 5810. mittee on Homeland Security. and the activities of the Department of In the interest of permitting the Com- Homeland Security, which would be ex- This bill would meet the cotton in- mittee on Transportation and Infrastructure tremely useful to Congress. dustry’s growing need for a rural con- to proceed expeditiously to the House floor, Mr. Speaker, I yield back the balance tract for cotton on the United States I will forgo further consideration of S. 2651. of my time. market. However, I do so with the following reserva- Mr. HUNTER. Mr. Speaker, I yield H.R. 5810 offers a simple technical fix tion. By eliminating mandates of Inspector back the balance of my time. that is needed due to the outdated 1916 General investigations, Congress lessens its The SPEAKER pro tempore. The Cotton Futures Act in terms of recog- voice in oversight of the Department of question is on the motion offered by nizing the global cotton trade. Homeland Security. Under this lawless Ad- Recent discussions with USDA re- ministration, Congress should have more of a the gentleman from California (Mr. HUNTER) that the House suspend the vealed that the 1916 Cotton Futures voice, not less, in what the Office of Inspec- Act requires all cotton tendered on a tor General investigates. rules and pass the bill, S. 2651. In addition, I will forgo consideration with The question was taken; and (two- cotton futures contract that is listed the mutual understanding that the jurisdic- thirds being in the affirmative) the for trading on a U.S. exchange to be tion of the Committee on Homeland Security rules were suspended and the bill was classified by the USDA. This is unreal- is in no way diminished. I further request passed. istic, both logistically and financially, that you urge the Speaker to name Members A motion to reconsider was laid on for non-U.S. cotton stored in ware- of this Committee to any conference com- the table. houses outside the U.S. mittee that is named to consider such provi- The industry’s desire to trade and sions. f hedge a more modern contract requires Finally, I request you include this letter UNITED STATES COTTON FUTURES and your response into the Congressional a legislative tweak to the 1916 Cotton Record during consideration of S. 2651 on the ACT AMENDMENTS Futures Act to allow for any non-U.S. House floor. Thank your for your coopera- Mr. AUSTIN SCOTT of Georgia. Mr. cotton tendered toward this U.S. con- tion. Speaker, I move to suspend the rules tract to be inspected and classed by Sincerely, and pass the bill (H.R. 5810) to amend non-USDA personnel. MICHAEL T. MCCAUL, the United States Cotton Futures Act Our proposal would not change the Chairman. to exclude certain cotton futures con- regulation of the contract, nor the cur- rent USDA classing requirement that HOUSE OF REPRESENTATIVES, COM- tracts from coverage under such Act. U.S. cotton must be classified by the MITTEE ON TRANSPORTATION AND The Clerk read the title of the bill. INFRASTRUCTURE, The text of the bill is as follows: USDA personnel. Washington, DC, December 10, 2014. H.R. 5810 Additionally, this bill also would not Hon. MICHAEL T. MCCAUL, Be it enacted by the Senate and House of Rep- impact fees being generated by the Chairman, Committee on Homeland Security, resentatives of the United States of America in USDA in the classing of U.S. cotton, Washington, DC. Congress assembled, tendered toward the existing cotton fu- DEAR CHAIRMAN MCCAUL: Thank you for SECTION 1. EXCLUDING CERTAIN COTTON FU- tures. your letter regarding the Committee on TURES CONTRACTS FROM COV- Here is the bottom line. For the in- Homeland Security’s jurisdictional interest ERAGE UNDER UNITED STATES COT- dustry to be able to hedge the 2015 cot- in S. 2651, the DHS OIG Mandates Revision TON FUTURES ACT. ton crop, they will need a tweak to this Act of 2014. (a) IN GENERAL.—Subsection (c)(1) of the I appreciate your willingness to forego con- United States Cotton Futures Act (7 U.S.C. futures act that they may petition the sideration of S. 2651, and wee that by for- 15B(c)(1)) is amended— CFTC for the new world contract to be going action on this legislation, the jurisdic- (1) by striking ‘‘except that any cotton fu- listed. If H.R. 5810 is not passed, a new tion of the Committee on Homeland Security tures contract’’ and inserting the following: contract would likely be listed at other is in no way diminished. Additionally, I ‘‘except that— exchanges in Europe or Singapore. would support your effort to seek appoint- ‘‘(A) any cotton futures contract’’; and With such unanimous support for ment of an appropriate number of conferees (2) by adding at the end the following new this contract and solution, we hope to any House-Senate conference involving subparagraph: this effort will be considered technical this legislation. ‘‘(B) any cotton futures contract that per- Finally, I will include our letters in the in nature and adopted quickly. mits tender of cotton grown outside of the I urge my colleagues to support the Congressional Record during House floor United States is excluded from the coverage consideration of the bill. Thank you for your of this paragraph and section to the extent measure. cooperation. that the cotton grown outside of the United Mr. DAVID SCOTT of Georgia. Mr. Sincerely, States is tendered for delivery under the cot- Speaker, I yield myself such time as I BILL SHUSTER, ton futures contract.’’. may consume. Chairman. (b) APPLICATION.—The amendments made As my colleague from Georgia (Mr. Mr. GARAMENDI. Mr. Speaker, I by subsection (a) shall apply with respect to WESTMORELAND) has just eloquently yield myself such time as I may con- cotton futures contracts entered into on or stated, there is a great need for this, sume. after the date of the enactment of this Act. everybody is in agreement on it. The I rise in support of this legislation. The SPEAKER pro tempore. Pursu- Cotton Number 2 contract is needed as As summarized by my colleague from ant to the rule, the gentleman from a hedging tool for our cotton industry California, it alleviates the Office of Georgia (Mr. AUSTIN SCOTT) and the globally. It is needed so that we can Inspector General of the United States gentleman from Georgia (Mr. DAVID have both delivery points inside as well Department of Homeland Security SCOTT) each will control 20 minutes. as outside the United States because from having to perform three annual The Chair recognizes the gentleman our global markets are now more glob- audits. from Georgia (Mr. AUSTIN SCOTT). al. Repealing these audits will help to GENERAL LEAVE As my colleague, Mr. WESTMORE- slightly reduce the burden of congres- Mr. AUSTIN SCOTT of Georgia. Mr. LAND, mentioned, we have not touched sionally mandated reports. All this in- Speaker, I ask unanimous consent that this law since 1916. That is nearly 100 formation is available to us in other all Members may have 5 legislative years. You can imagine so much has forms and it is good to get rid of these days in which to revise and extend changed. It is very, very much more reports, which are sometimes not real- their remarks on the bill, H.R. 5810. global, and we do not need to put our ly sent anyway. The SPEAKER pro tempore. Is there cotton participants in trade, in mar- By the way, Mr. HUNTER, congratula- objection to the request of the gen- keting, in commodities at a disadvan- tions on the recently passed Coast tleman from Georgia? tage, as was indicated, to other mar- Guard legislation. There was no objection. kets. Furthermore, eliminating the man- Mr. AUSTIN SCOTT of Georgia. Mr. This is urgent. If we do not move date will allow the IG to reallocate re- Speaker, I yield as much time as he within the next 3 weeks, so that we can

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.045 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9016 CONGRESSIONAL RECORD — HOUSE December 10, 2014 have this on the books as law in time A motion to reconsider was laid on imminent, and went to extraordinary lengths to for our cotton participants in the the table. target only terrorist actors and to minimize col- lateral damage; United States to be able to function for f their year 2015—in the cotton business Whereas Hamas urged the residents of Gaza to ignore the Israeli warnings and to remain in you start early, you start in January AUTHORIZATION FOR THE UNITED STATES COMMISSION ON INTER- their houses and encouraged Palestinians to and February, so it is very urgent. The gather on the roofs of their homes to act as legislation benefits everybody. All par- NATIONAL RELIGIOUS FREEDOM human shields; ticipants are in agreement. Mr. ROYCE. Mr. Speaker, I ask unan- Whereas on July 23, 2014, the 46-Member UN The bottom line is that this legisla- imous consent that the Committee on Human Rights Council passed a resolution to tion is about modernization. Our mar- Foreign Affairs be discharged from fur- form a commission of inquiry over Israel’s oper- kets, as I said before, have become ther consideration of the bill (H.R. ations in Gaza that completely fails to condemn much more global. It is a technical cor- Hamas for its indiscriminate rocket attacks and 5816) to extend the authorization for its unconscionable use of human shields, with rection. It will help our cotton farmers, the United States Commission on our cotton producers, and those who the United States being the lone dissenting vote; International Religious Freedom, and Whereas public reports have cited the role of have to hedge in the marketplace ask for its immediate consideration in Iran and Syria in providing material support around the world, and it does not—does the House. and training to Hamas and other terrorist not—put our cotton industry in the The Clerk read the title of the bill. groups carrying out rocket and mortar attacks United States at a disadvantage glob- The SPEAKER pro tempore. Is there from Gaza; ally. objection to the request of the gen- Whereas throughout the summer of 2006 con- flict between the State of Israel and the terrorist I certainly urge that we all accept tleman from California? this amendment and move forward organization Hezbollah, Hezbollah forces uti- There was no objection. lized innocent civilians as human shields; with a very, very important part of The text of the bill is as follows: American industry, the cotton indus- Whereas al Qaeda, Al-Shabaab, Islamic State try. H.R. 5816 of Iraq and the Levant (ISIL), and other foreign Be it enacted by the Senate and House of Rep- terrorist organizations typically use innocent ci- I yield back the balance of my time. vilians as human shields; Mr. AUSTIN SCOTT of Georgia. Mr. resentatives of the United States of America in Congress assembled, Whereas the United States and Israel have co- Speaker, I yield myself such time as I operated on missile defense projects, including may consume. SECTION 1. EXTENSION AND TERMINATION OF AUTHORITY. Iron Dome, David’s Sling, and the Arrow Anti- As my colleague said, Mr. Speaker, Missile System, projects designed to thwart a di- every year, cotton farmers prepare The International Religious Freedom Act of 1998 is amended— verse range of threats, including short-range their fields. Off the field they must pre- (1) in section 207(a) (22 U.S.C. 6435(a)), by missiles and rockets fired by non-state actors, pare as well, hedging risk and pro- striking ‘‘2014’’ and inserting ‘‘2015’’; and such as Hamas; tecting themselves from possible dis- (2) in section 209 (22 U.S.C. 6436), by strik- Whereas the United States provided aster with cotton futures contracts on ing ‘‘September 30, 2014’’ and inserting ‘‘Sep- $460,000,000 in fiscal year 2014 for Iron Dome re- U.S. commodity exchanges. tember 30, 2015’’. search, development, and production; The Cotton Number 2 contract, which Whereas during the most recent rocket attacks SEC. 2. EFFECTIVE DATE. from Gaza, Iron Dome successfully intercepted is a U.S.-regulated contract, is the The amendments made by this Act shall dozens of rockets that were launched against benchmark contract for the entire take effect as if enacted on December 10, Israeli population centers; and United States cotton industry. How- 2014. Whereas 5,000,000 Israelis are currently living ever, recently, a wide range of cotton The bill was ordered to be engrossed under the threat of rocket attacks from Gaza: industry participants have rec- and read a third time, was read the Now, therefore, be it ommended the development of a world third time, and passed, and a motion to Strike all after the resolving clause and in- cotton contract with delivery points sert the following: reconsider was laid on the table. That Congress— inside and outside of the United States. f (1) strongly condemns the use of innocent ci- This is in recognition of the global na- vilians as human shields; ture of today’s cotton industry. DENOUNCING USE OF CIVILIANS (2) calls on the international community to The 1916 Cotton Futures Act requires AS HUMAN SHIELDS BY HAMAS recognize and condemn Hamas’ use of human that all cotton futures contracts that AND OTHER TERRORIST ORGANI- shields; are listed on the U.S. exchange must be ZATIONS (3) places responsibility for the rocket attacks classed by the USDA, regardless of against Israel on Hamas and other terrorist or- Mr. ROYCE. Mr. Speaker, I ask unan- ganizations, such as Palestine Islamic Jihad; where the cotton is being stored. This imous consent to take from the Speak- (4) supports the sovereign right of the Govern- structure is outdated and does not rec- er’s table the concurrent resolution (H. ment of Israel to defend its territory and its citi- ognize the global cotton trade that ex- Con. Res. 107) denouncing the use of ci- zens from Hamas’ rocket attacks, kidnapping at- ists today. vilians as human shields by Hamas and tempts, and the use of tunnels and other means H.R. 5810 would simply allow for cot- other terrorist organizations in viola- to carry out attacks against Israel; (5) expresses condolences to the families of the ton futures contracts to be offered on a tion of international humanitarian U.S. exchange that is based off of the innocent victims on both sides of the conflict; law, with Senate amendments thereto, (6) supports Palestinian civilians who reject world market price. This bill would and concur in the Senate amendments. Hamas and all forms of terrorism and violence, neither change the regulation of the The Clerk read the title of the con- desiring to live in peace with their Israeli neigh- current futures contracts nor the cur- current resolution. bors; rent USDA classing, which requires The SPEAKER pro tempore. The (7) supports efforts to demilitarize the Gaza U.S. cotton be classed again by USDA Strip, removing Hamas’s means to target Israel, Clerk will report the Senate amend- including its use of tunnels, rockets, and other personnel. ments. With these technical changes in H.R. means; and The Clerk read as follows: (8) condemns the United Nations Human 5810, a new cotton futures contract will Senate amendments: Rights Council’s biased resolution establishing a be available in U.S. commodity mar- Strike the preamble and insert the fol- commission of inquiry into Israel’s Gaza oper- kets. lowing: ations. I urge my colleagues to support H.R. Whereas the use of human shields is uncon- Amend the title so as to read: ‘‘A concur- 5810. I yield back the balance of my scionable and morally unacceptable; rent resolution denouncing the use of civil- time. Whereas since June 15, 2014, there have been ians as human shields by Hamas and other The SPEAKER pro tempore. The over 2,000 rockets fired by Hamas and other ter- terrorist organizations.’’. question is on the motion offered by rorist organizations from Gaza into Israel; Mr. ROYCE (during the reading). Mr. the gentleman from Georgia (Mr. AUS- Whereas Hamas uses civilian populations as Speaker, I ask unanimous consent to human shields by placing their missile batteries TIN SCOTT) that the House suspend the dispense with the reading of the in densely populated areas and near schools, rules and pass the bill, H.R. 5810. hospitals, and mosques; amendments. The question was taken; and (two- Whereas Israel dropped leaflets, made an- The SPEAKER pro tempore. Is there thirds being in the affirmative) the nouncements, placed phone calls, and sent text objection to the request of the gen- rules were suspended and the bill was messages to the Palestinian people in Gaza tleman from California? passed. warning them in advance that an attack was There was no objection.

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.086 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9017 The SPEAKER pro tempore. Is there (d) GRANTS NOT COUNTED IN ANNUAL TOTAL cense or other approval to authorize the ex- objection to the original request of the OF TRANSFERRED EXCESS DEFENSE ARTI- port of items subject to the Export Adminis- gentleman from California? CLES.—The value of a vessel transferred to tration Regulations under paragraph (1): There was no objection. another country on a grant basis pursuant to ‘‘(A) Separate approval from the Depart- authority provided by subsection (a) shall ment of Commerce shall not be required for A motion to reconsider was laid on not be counted against the aggregate value such items if such items are approved for ex- the table. of excess defense articles transferred in any port under a Department of State license or f fiscal year under section 516 of the Foreign other approval. Assistance Act of 1961 (22 U.S.C. 2321j). ‘‘(B) Such items subject to the Export Ad- b 1815 (e) COSTS OF TRANSFERS.—Any expense in- ministration Regulations that are exported HOUR OF MEETING ON TOMORROW curred by the United States in connection pursuant to a Department of State license or with a transfer authorized by this section other approval would remain under the juris- Mr. ROYCE. Mr. Speaker, I ask unan- shall be charged to the recipient notwith- diction of the Department of Commerce with imous consent that when the House ad- standing section 516(e) of the Foreign Assist- respect to any subsequent transactions. journs today, it adjourn to meet at 9 ance Act of 1961 (22 U.S.C. 2321j(e)). ‘‘(C) The inclusion of the term ‘subject to a.m. tomorrow. (f) REPAIR AND REFURBISHMENT IN UNITED the EAR’ or any similar term on a Depart- The SPEAKER pro tempore. Is there STATES SHIPYARDS.—To the maximum extent ment of State license or approval shall not objection to the request of the gen- practicable, the President shall require, as a affect the jurisdiction with respect to such items. tleman from California? condition of the transfer of a vessel under this section, that the recipient to which the ‘‘(3) DEFINITION.—In this subsection, the There was no objection. vessel is transferred have such repair or re- term ‘Export Administration Regulations’ f furbishment of the vessel as is needed, before means— the vessel joins the naval forces of that re- ‘‘(A) the Export Administration Regula- NAVAL VESSEL TRANSFER ACT cipient, performed at a shipyard located in tions as maintained and amended under the OF 2013 the United States. authority of the International Emergency Mr. ROYCE. Mr. Speaker, I move to (g) EXPIRATION OF AUTHORITY.—The au- Economic Powers Act (50 U.S.C. 1701 et seq.); suspend the rules and pass the bill (S. thority to transfer a vessel under this sec- or 1683) to provide for the transfer of tion shall expire at the end of the 3-year pe- ‘‘(B) any successor regulations.’’. riod beginning on the date of the enactment SEC. 205. AMENDMENTS RELATING TO REMOVAL naval vessels to certain foreign recipi- of this Act. OF MAJOR DEFENSE EQUIPMENT ents, and for other purposes. TITLE II—ADDITIONAL PROVISIONS FROM UNITED STATES MUNITIONS The Clerk read the title of the bill. LIST. The text of the bill is as follows: SEC. 201. ENHANCED CONGRESSIONAL OVER- (a) REQUIREMENTS FOR REMOVAL OF MAJOR SIGHT OF ARMS SALES, INCLUDING DEFENSE EQUIPMENT FROM UNITED STATES S. 1683 TO THE MIDDLE EAST. MUNITIONS LIST.—Section 38(f) of the Arms Be it enacted by the Senate and House of Rep- Section 36 of the Arms Export Control Act Export Control Act (22 U.S.C. 2778(f)) is resentatives of the United States of America in (22 U.S.C. 2776) is amended by adding at the amended by adding at the end the following: Congress assembled, end the following new subsection: ‘‘(5)(A) Except as provided in subparagraph SECTION 1. APPROPRIATE CONGRESSIONAL ‘‘(i) PRIOR NOTIFICATION OF SHIPMENT OF (B), the President shall take such actions as COMMITTEES DEFINED. ARMS.—At least 30 days prior to a shipment may be necessary to require that, at the In this Act, the term ‘‘appropriate congres- of defense articles subject to the require- time of export or reexport of any major de- sional committees’’ means— ments of subsection (b) at the joint request fense equipment listed on the 600 series of (1) the Committee on Foreign Relations of of the Chairman and Ranking Member of the the Commerce Control List contained in the Senate; and Committee on Foreign Relations of the Sen- Supplement No. 1 to part 774 of subtitle B of (2) the Committee on Foreign Affairs of the ate or the Committee on Foreign Affairs of title 15, Code of Federal Regulations, the House of Representatives. the House of Representatives, the President major defense equipment will not be subse- shall provide notification of such pending quently modified so as to transform such TITLE I—TRANSFER OF EXCESS UNITED shipment, in unclassified form, with a classi- STATES NAVAL VESSELS major defense equipment into a defense arti- fied annex as necessary, to the Committee on cle. SEC. 101. SHORT TITLE. Foreign Relations of the Senate and the ‘‘(B) The President may authorize the This title may be cited as the ‘‘Naval Ves- Committee on Foreign Affairs of the House transformation of any major defense equip- sel Transfer Act of 2013’’. of Representatives.’’. ment described in subparagraph (A) into a SEC. 102. TRANSFER OF NAVAL VESSELS TO CER- SEC. 202. INCREASE IN ANNUAL LIMITATION ON defense article if the President— TAIN FOREIGN RECIPIENTS. TRANSFER OF EXCESS DEFENSE AR- ‘‘(i) determines that such transformation (a) TRANSFERS BY GRANT TO MEXICO.—The TICLES. is appropriate and in the national interests President is authorized to transfer to the Section 516(g)(1) of the Foreign Assistance of the United States; and Government of Mexico the OLIVER HAZ- Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended ‘‘(ii) provides notice of such trans- ARD PERRY class guided missile frigates by striking ‘‘$425,000,000’’ and inserting formation to the chairman of the Committee USS CURTS (FFG–38) and USS MCCLUSKY ‘‘$500,000,000’’. on Foreign Affairs of the House of Represent- (FFG–41) on a grant basis under section 516 SEC. 203. INTEGRATED AIR AND MISSILE DE- atives and the chairman of the Committee of the Foreign Assistance Act of 1961 (22 FENSE PROGRAMS AT TRAINING LO- on Foreign Relations of the Senate con- U.S.C. 2321j). CATIONS IN SOUTHWEST ASIA. sistent with the notification requirements of (b) TRANSFER BY SALE TO THE TAIPEI ECO- Section 544(c) of the Foreign Assistance section 36(b)(5)(A) of this Act. NOMIC AND CULTURAL REPRESENTATIVE OF- Act of 1961 (22 U.S.C. 2347c(c)) is amended by ‘‘(C) In this paragraph, the term ‘defense FICE IN THE UNITED STATES.—The President adding at the end the following new para- article’ means an item designated by the is authorized to transfer the OLIVER HAZ- graph: President pursuant to subsection (a)(1).’’. ARD PERRY class guided missile frigates ‘‘(4) The President shall report to the ap- (b) NOTIFICATION AND REPORTING REQUIRE- USS TAYLOR (FFG–50), USS GARY (FFG– propriate congressional committees (as de- MENTS FOR MAJOR DEFENSE EQUIPMENT RE- 51), USS CARR (FFG–52), and USS ELROD fined in section 656(e)) annually on the ac- MOVED FROM UNITED STATES MUNITIONS (FFG–55) to the Taipei Economic and Cul- tivities undertaken in the programs author- LIST.—Section 38(f) of the Arms Export Con- tural Representative Office in the United ized under this subsection.’’. trol Act (22 U.S.C. 2778(f)), as amended by States (which is the Taiwan instrumentality SEC. 204. LICENSING OF CERTAIN COMMERCE- this section, is further amended by adding at designated pursuant to section 10(a) of the CONTROLLED ITEMS. the end the following: Taiwan Relations Act (22 U.S.C. 3309(a))) on Section 38 of the Arms Export Control Act ‘‘(6) The President shall ensure that any a sale basis under section 21 of the Arms Ex- (22 U.S.C. 2778) is amended by adding at the major defense equipment that is listed on port Control Act (22 U.S.C. 2761). end the following new subsection: the 600 series of the Commerce Control List (c) ALTERNATIVE TRANSFER AUTHORITY.— ‘‘(k) LICENSING OF CERTAIN COMMERCE-CON- contained in Supplement No. 1 to part 774 of Notwithstanding the authority provided in TROLLED ITEMS.— subtitle B of title 15, Code of Federal Regula- subsections (a) and (b) and to transfer spe- ‘‘(1) IN GENERAL.—A license or other ap- tions, shall continue to be subject to the no- cific vessels to specific countries, the Presi- proval from the Department of State granted tification and reporting requirements of the dent is authorized to transfer any vessel in accordance with this section may also au- following provisions of law: named in this title to any country named in thorize the export of items subject to the Ex- ‘‘(A) Section 516(f) of the Foreign Assist- this section, subject to the same conditions port Administration Regulations if such ance Act of 1961 (22 U.S.C. 2321j(f)). that would apply for such country under this items are to be used in or with defense arti- ‘‘(B) Section 655 of the Foreign Assistance section, such that the total number of ves- cles controlled on the United States Muni- Act of 1961 (22 U.S.C. 2415). sels transferred to such country does not ex- tions List. ‘‘(C) Section 3(d)(3)(A) of this Act. ceed the total number of vessels authorized ‘‘(2) OTHER REQUIREMENTS.—The following ‘‘(D) Section 25 of this Act. for transfer to such country by this section. requirements shall apply with respect to a li- ‘‘(E) Section 36(b), (c), and (d) of this Act.’’.

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.089 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9018 CONGRESSIONAL RECORD — HOUSE December 10, 2014 SEC. 206. AMENDMENT TO DEFINITION OF ‘‘SECU- (aa) by striking ‘‘section’’ and inserting Foreign Relations. It is our understanding RITY ASSISTANCE’’ UNDER THE FOR- ‘‘sections’’; and that the Department may be concerned that EIGN ASSISTANCE ACT OF 1961. (bb) by striking ‘‘(18 U.S.C. 175b)’’ and in- this new congressional notification require- Section 502B(d) of the Foreign Assistance serting ‘‘(18 U.S.C. 175c)’’; and ment could pose an undue burden on the ad- Act of 1961 (22 U.S.C. 2304(d)) is amended— (iii) in subsection (j)(2), in the matter pre- ministration of United States arms trans- (1) in paragraph (1), by striking ‘‘and’’ at ceding subparagraph (A), by inserting ‘‘in’’ fers. the end; and after ‘‘to’’; and However, given the comprehensive ex- (2) by amending paragraph (2)(C) to read as (B) in section 47(2), in the matter preceding change of information between the Depart- follows: subparagraph (A), by striking ‘‘sec. 21(a),,’’ ment and the Committee during the congres- ‘‘(C) any license in effect with respect to and inserting ‘‘section 21(a),’’. sional review process on U.S. arms sales, we the export to or for the armed forces, police, (2) FOREIGN ASSISTANCE ACT OF 1961.—Sec- would expect to invoke section 201 only in intelligence, or other internal security tion 502B of the Foreign Assistance Act of rare circumstances. For example, a similar forces of a foreign country of— 1961 (22 U.S.C. 2304) is amended— authority in section 36(b)(1), providing for a ‘‘(i) defense articles or defense services (A) in subsection (b), by striking ‘‘Wher- request by the same committees of addi- under section 38 of the Armed Export Con- ever applicable, a description’’ and inserting tional and highly detailed information from trol Act (22 U.S.C. 2778); or ‘‘Wherever applicable, such report shall in- the President on a pending Foreign Military ‘‘(ii) items listed under the 600 series of the clude a description’’; and Sale, has been used only once in the last Commerce Control List contained in Supple- (B) in subsection (d)(2)(B), by striking seven years. ment No. 1 to part 774 of subtitle B of title ‘‘credits’’ and inserting ‘‘credits)’’. Likewise, we expect that the current pro- 15, Code of Federal Regulations;’’. SEC. 209. APPLICATION OF CERTAIN PROVISIONS tocols governing the notification of arms SEC. 207. AMENDMENTS TO DEFINITIONS OF ‘‘DE- OF EXPORT ADMINISTRATION ACT sales, a process by which sensitive national FENSE ARTICLE’’ AND ‘‘DEFENSE OF 1979. security and foreign policy questions are ad- SERVICE’’ UNDER THE ARMS EX- (a) PROTECTION OF INFORMATION.—Section dressed informally before a notification is PORT CONTROL ACT. formally submitted for congressional review, Section 47 of the Arms Export Control Act 12(c) of the Export Administration Act of will remain the preeminent means by which (22 U.S.C. 2794) is amended— 1979 (50 U.S.C. App. 2411(c)) has been in effect the Committee conducts oversight over (1) in the matter preceding subparagraph from August 20, 2001, and continues in effect United States arms transfer policy. (A) of paragraph (3), by striking ‘‘includes’’ on and after the date of the enactment of We look forward to continuing to work and inserting ‘‘means, with respect to a sale this Act, pursuant to the International with you on these important matters in the or transfer by the United States under the Emergency Economic Powers Act (50 U.S.C. 114th Congress. authority of this Act or any other foreign as- 1701 et seq.) and notwithstanding section 20 Sincerely, sistance or sales program of the United of the Export Administration Act of 1979 (50 EDWARD R. ROYCE, States’’; and U.S.C. App. 2419). Section 12(c)(1) of the Ex- Chairman. (2) in paragraph (4), by striking ‘‘includes’’ port Administration Act of 1979 is a statute ELIOT L. ENGEL, and inserting ‘‘means, with respect to a sale covered by section 552(b)(3) of title 5, United Ranking Member. or transfer by the United States under the States Code. authority of this Act or any other foreign as- (b) TERMINATION DATE.—Subsection (a) ter- Mr. ROYCE. Mr. Speaker, I rise in sistance or sales program of the United minates at the end of the 4-year period be- strong support of this legislation, S. States,’’. ginning on the date of the enactment of this 1683. It would allow the United States Act. SEC. 208. TECHNICAL AMENDMENTS. to transfer certain decommissioned (a) IN GENERAL.—The Arms Export Control The SPEAKER pro tempore. Pursu- naval vessels to Taiwan and Mexico. It Act (22 U.S.C. 2751 et seq.) is amended— ant to the rule, the gentleman from also makes some technical amend- (1) in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), California (Mr. ROYCE) and the gen- ments to U.S. export control laws. 5(c), 6, 21(g), 36(a), 36(b)(1), 36(b)(5)(C), tleman from California (Mr. VARGAS) Let me say that I appreciate the 36(c)(1), 36(f), 38(f)(1), 40(f)(1), 40(g)(2)(B), each will control 20 minutes. broad bipartisan support that the con- 101(b), and 102(a)(2), by striking ‘‘the Speaker The Chair recognizes the gentleman of the House of Representatives and’’ each tents of this measure already received place it appears and inserting ‘‘the Speaker from California (Mr. ROYCE). because this April, the House passed of the House of Representatives, the Com- GENERAL LEAVE the underlying bill, H.R. 3470, of which mittee on Foreign Affairs of the House of Mr. ROYCE. Mr. Speaker, I ask unan- I am the author, the companion legis- Representatives, and’’; imous consent that all Members may lation to this bill. Mr. ELIOT ENGEL and (2) in section 21(i)(1) by inserting after ‘‘the have 5 legislative days to revise and ex- I were the cosponsors. Speaker of the House of Representatives’’ tend their remarks and to include ex- I am pleased that this important leg- the following ‘‘, the Committees on Foreign traneous materials on the bill under islation supporting the defense of our Affairs and Armed Services of the House of Representatives,’’; consideration. Taiwanese allies has now been passed (3) in sections 25(e), 38(f)(2), 38(j)(3), and The SPEAKER pro tempore. Is there by the other body. With passage by the 38(j)(4)(B), by striking ‘‘International Rela- objection to the request of the gen- House, it will make its way to the tions’’ each place it appears and inserting tleman from California? President’s desk. ‘‘Foreign Affairs’’; There was no objection. On April 10, 1979, the Taiwan Rela- (4) in sections 27(f) and 62(a), by inserting Mr. ROYCE. Mr. Speaker, I yield my- tions Act was established to govern after ‘‘the Speaker of the House of Rep- self such time as I may consume. America’s relationship with the Repub- resentatives,’’ each place it appears the fol- Mr. Speaker, first of all, I will in- lic of China-Taiwan. For 35 years, the lowing: ‘‘the Committee on Foreign Affairs clude in the RECORD a letter signed by act has helped maintain peace and se- of the House of Representatives,’’; and (5) in section 73(e)(2), by striking ‘‘the myself and Mr. ENGEL to the Secretary curity across the Taiwan Strait and Committee on National Security and the of State. across the Asia-Pacific region. Committee on International Relations of the HOUSE OF REPRESENTATIVES, During this time, Taiwan has under- House of Representatives’’ and inserting COMMITTEE ON FOREIGN AFFAIRS, gone a monumental transformation. It ‘‘the Committee on Armed Services and the Washington, DC, December 10, 2014. has gone from grinding poverty and po- Committee on Foreign Affairs of the House Hon. JOHN F. KERRY, litical repression to the vibrant of Representatives’’. Secretary of State, Department of State, Wash- multiparty democracy that it is today. (b) OTHER TECHNICAL AMENDMENTS.— ington, DC. Taiwan’s economy has evolved. It is (1) ARMS EXPORT CONTROL ACT.—The Arms DEAR MR. SECRETARY: Today the House of Export Control Act (22 U.S.C. 2751 et seq.), as Representatives will pass and send to the now our 10th top trading partner. amended by subsection (a), is further amend- President S. 1683, a bill that bolsters allies As chairman, I led two bipartisan ed— Taiwan and Mexico with the transfer of U.S. delegations to Taipei, Kaohsiung, and (A) in section 38— Navy frigates and makes other changes to Tainan to examine Taiwan’s economy (i) in subsection (b)(1), by redesignating the law to enhance our security assistance to and defense capabilities. Today’s legis- the second subparagraph (B) (as added by foreign partners. lation is the product of the commit- section 1255(b) of the Foreign Relations Au- As you may know, section 201 of this legis- tee’s bipartisan effort to prioritize the thorization Act, Fiscal Years 1988 and 1989 lation would amend section 36 of the Arms U.S.-Taiwan relationship. (Public Law 100–204; 101 Stat. 1431)) as sub- Export Control Act to require the President This legislation authorizes the Presi- paragraph (C); to notify Congress 30 days before shipments (ii) in subsection (g)(1)(A)— of certain defense articles if jointly re- dent to send four Perry class guided (I) in clause (xi), by striking ‘‘; or’’ and in- quested to do so by the Chairman and Rank- missile frigates to Taiwan. These are serting ‘‘, or’’; and ing Member of the House Committee on For- ships that are greatly needed to aug- (II) in clause (xii)— eign Affairs or the Senate Committee on ment Taiwan’s defense capability. I

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.049 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9019 have seen firsthand the World War II- President to transfer up to four surplus Mr. Speaker, I yield back the balance era submarines—I was on one of them— U.S. naval vessels to Taiwan. In light of my time. and the 50-year-old fighter jets that of China’s increasingly aggressive ac- The SPEAKER pro tempore. The form the core of Taiwan’s military. tions in the Pacific region, it is more question is on the motion offered by Congress has made it clear to the ad- important than ever to bolster Tai- the gentleman from California (Mr. ministration that it wants more de- wan’s security. ROYCE) that the House suspend the fense sales and more transfers like this This bill also authorizes a transfer of rules and pass the bill, S. 1683. to Taiwan, including transfers to sup- two surplus naval vessels to Mexico, a The question was taken; and (two- port the modernization of its combat critical defense partner of the United thirds being in the affirmative) the aircraft and its submarine fleet. These States. These vessels will strengthen rules were suspended and the bill was four guided missile cruisers would bol- Mexico’s ability to function effectively passed. ster Taiwan’s defense to ensure that with the U.S. Navy in joint operations. A motion to reconsider was laid on peace in the Taiwan Strait continues Finally, the bill strengthens congres- the table. to benefit not just Taiwan, but the en- sional review of the licensing and ship- f tire region. ment of U.S. defense exports. These INSURANCE CAPITAL STANDARDS In addition to supporting Taiwan, provisions are necessary in light of the CLARIFICATION ACT OF 2014 this legislation also authorizes the significant regulatory changes now being implemented by the Departments Mr. NEUGEBAUER. Mr. Speaker, I transfer of excess decommissioned ask unanimous consent that the Com- naval vessels to Mexico. Mr. VARGAS of State, Commerce, and Defense. The President’s Export Control Re- mittee on Financial Services be dis- and I recently returned from Mexico charged from further consideration of City, and transfers such as these help form initiative will modernize our sys- tem of regulating trade and defense the bill (S. 2270) to clarify the applica- to support the priorities of the U.S. tion of certain leverage and risk-based Navy while strengthening the capa- and dual-use items, and appropriate congressional review must continue to requirements under the Dodd-Frank bility of allies and our close partners Wall Street Reform and Consumer Pro- to meet our shared maritime security be an integral part of the system. Mr. Speaker, I urge my colleagues to tection Act, and ask for its immediate objectives. consideration in the House. Finally, the bill includes a provision join me in voting for S. 1683 so we can send this legislation to the President The Clerk read the title of the bill. requested by the Department of Com- The SPEAKER pro tempore. Is there for signature into law. merce to ensure that our export con- objection to the request of the gen- I reserve the balance of my time. trol regime will continue to protect Mr. ROYCE. Mr. Speaker, I yield my- tleman from Texas? sensitive information related to export There was no objection. self such time as I may consume. The text of the bill is as follows: licensing. In particular, it clarifies Mr. Speaker, earlier this year, the that the business confidentiality pro- Foreign Affairs Committee held a hear- S. 2270 tections of the lapsed Export Adminis- ing examining the promises that were Be it enacted by the Senate and House of Rep- tration Act remain in effect under an- resentatives of the United States of America in made under the Taiwan Relations Act. Congress assembled, other provision of the law and will con- That was signed 35 years ago, and there tinue to protect information related to SECTION 1. SHORT TITLE. are few pieces of legislation related to This Act may be cited as the ‘‘Insurance export licensing. foreign policy that have been as con- Capital Standards Clarification Act of 2014’’. This provision will both protect U.S. sequential as Congress stepping in with SEC. 2. CLARIFICATION OF APPLICATION OF LE- national security and the competitive- this act 35 years ago. VERAGE AND RISK-BASED CAPITAL ness of American exporters while pro- It is the steadfast support of the REQUIREMENTS. Section 171 of the Dodd-Frank Wall Street viding time for Congress and the execu- United States Congress that has helped tive branch to modernize the statutory Reform and Consumer Protection Act (12 Taiwan become what it is today: a U.S.C. 5371) is amended— basis for our export control regime. thriving, modern society that strongly (1) in subsection (a), by adding at the end While I am disappointed that this respects human rights, the rule of law, the following: measure does not include a provision and free markets. Passage of this act is ‘‘(4) BUSINESS OF INSURANCE.—The term from the House bill that would have ex- a step towards keeping the promises ‘business of insurance’ has the same meaning pedited U.S. arms sales to close allies, that we made to Taiwan 35 years ago in as in section 1002(3). ‘‘(5) PERSON REGULATED BY A STATE INSUR- the committee will continue to pro- that Taiwan Relations Act, and I urge mote improvements to the foreign ANCE REGULATOR.—The term ‘person regu- my colleagues to support this impor- lated by a State insurance regulator’ has the military sales process in the next Con- tant legislation. same meaning as in section 1002(22). gress. I reserve the balance of my time. ‘‘(6) REGULATED FOREIGN SUBSIDIARY AND Finally, the bill will also clarify that Mr. VARGAS. In closing, Mr. Speak- REGULATED FOREIGN AFFILIATE.—The terms certain business confidentiality protec- er, as was said, this bill authorizes a ‘regulated foreign subsidiary’ and ‘regulated tions of the Export Administration Act transfer of naval vessels to Taiwan and foreign affiliate’ mean a person engaged in will continue to protect the informa- Mexico, two good friends and partners the business of insurance in a foreign coun- try that is regulated by a foreign insurance tion related to export licensing. of the United States. It also makes Mr. Speaker, I reserve the balance of regulatory authority that is a member of the changes to regulating armed transfers International Association of Insurance Su- my time. and strengthens congressional over- pervisors or other comparable foreign insur- Mr. VARGAS. Mr. Speaker, I yield sight of the system. ance regulatory authority as determined by myself such time as I may consume. I would once again like to thank the Board of Governors following consulta- Mr. Speaker, I rise in strong support Chairman ROYCE for working with us in tion with the State insurance regulators, in- of S. 1683, the Naval Vessel Transfer a bipartisan manner on this important cluding the lead State insurance commis- Act. This bill includes many of the pro- legislation. I would also like to say sioner (or similar State official) of the insur- ance holding company system as determined visions in H.R. 3470, which the House that as a freshman Member who may passed on April 7 and sent to the other by the procedures within the Financial Anal- not be serving again on the committee ysis Handbook adopted by the National Asso- body. that it was a real honor to serve under ciation of Insurance Commissioners, where I would like to thank Chairman the chairman. He in fact acts very bi- the person, or its principal United States in- ROYCE for the bipartisan manner in partisan. surance affiliate, has its principal place of which the original House bill was draft- He is a real leader in this country, business or is domiciled, but only to the ex- ed, considered by the committee, and and I am very proud that he is a Cali- tent that— passed by the House. With today’s ac- fornian. It has been an honor, sir, to ‘‘(A) such person acts in its capacity as a regulated insurance entity; and tion on S. 1683, we finish our work on serve with you. this important legislation. ‘‘(B) the Board of Governors does not de- Mr. Speaker, I yield back the balance termine that the capital requirements in a In the Taiwan Relations Act, the of my time. specific foreign jurisdiction are inadequate. United States made a commitment to Mr. ROYCE. Mr. Speaker, I would say ‘‘(7) CAPACITY AS A REGULATED INSURANCE support Taiwan’s defensive capability. likewise to Mr. VARGAS for his service ENTITY.—The term ‘capacity as a regulated To that end, this bill authorizes the on the committee. insurance entity’—

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.092 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9020 CONGRESSIONAL RECORD — HOUSE December 10, 2014 ‘‘(A) includes any action or activity under- VENEZUELA DEFENSE OF HUMAN against antigovernment protesters was ‘‘part taken by a person regulated by a State in- RIGHTS AND CIVIL SOCIETY ACT of a systematic practice by the Venezuelan surance regulator or a regulated foreign sub- OF 2014 security forces’’. sidiary or regulated foreign affiliate of such (10) As of September 1, 2014, 41 people had person, as those actions relate to the provi- Ms. ROS-LEHTINEN. Mr. Speaker, I been killed, approximately 3,000 had been ar- sion of insurance, or other activities nec- move to suspend the rules and pass the rested unjustly, and more than 150 remained essary to engage in the business of insur- bill (S. 2142) to impose targeted sanc- in prison and faced criminal charges as a re- ance; and tions on persons responsible for viola- sult of antigovernment demonstrations ‘‘(B) does not include any action or activ- tions of human rights of throughout Venezuela. ity, including any financial activity, that is antigovernment protesters in Ven- (11) Opposition leader Leopoldo Lopez was not regulated by a State insurance regulator arrested on February 18, 2014, in relation to ezuela, to strengthen civil society in the protests and was unjustly charged with or a foreign agency or authority and subject Venezuela, and for other purposes. to State insurance capital requirements or, criminal incitement, conspiracy, arson, and The Clerk read the title of the bill. in the case of a regulated foreign subsidiary property damage. Since his arrest, Lopez has or regulated foreign affiliate, capital re- The text of the bill is as follows: been held in solitary confinement and has quirements imposed by a foreign insurance S. 2142 been denied 58 out of 60 of his proposed wit- regulatory authority.’’; and Be it enacted by the Senate and House of Rep- nesses at his ongoing trial. (2) by adding at the end the following new resentatives of the United States of America in (12) As of September 1, 2014, not a single member of the public security forces of the subsection: Congress assembled, SECTION 1. SHORT TITLE. Government of Venezuela had been held ac- ‘‘(c) CLARIFICATION.— This Act may be cited as the ‘‘Venezuela countable for acts of violence perpetrated ‘‘(1) IN GENERAL.—In establishing the min- Defense of Human Rights and Civil Society against antigovernment protesters. imum leverage capital requirements and Act of 2014’’. SEC. 3. SENSE OF CONGRESS REGARDING minimum risk-based capital requirements on ANTIGOVERNMENT PROTESTS IN a consolidated basis for a depository institu- SEC. 2. FINDINGS. VENEZUELA AND THE NEED TO PRE- Congress makes the following findings: tion holding company or a nonbank financial VENT FURTHER VIOLENCE IN VEN- (1) The Central Bank of Venezuela and the company supervised by the Board of Gov- EZUELA. National Statistical Institute of Venezuela ernors as required under paragraphs (1) and It is the sense of Congress that— stated that the annual inflation rate in Ven- (2) of subsection (b), the appropriate Federal (1) the United States aspires to a mutually ezuela in 2013 was 56.30, the highest level of banking agencies shall not be required to in- beneficial relationship with Venezuela based inflation in the Western Hemisphere and the clude, for any purpose of this section (includ- on respect for human rights and the rule of third highest level of inflation in the world law and a functional and productive relation- ing in any determination of consolidation), a behind South Sudan and Syria. ship on issues of public security, including person regulated by a State insurance regu- (2) The Central Bank of Venezuela and the counternarcotics and counterterrorism; lator or a regulated foreign subsidiary or a Government of Venezuela have imposed a se- (2) the United States supports the people of regulated foreign affiliate of such person en- ries of currency controls that has exacer- Venezuela in their efforts to realize their full gaged in the business of insurance, to the ex- bated economic problems and, according to economic potential and to advance rep- tent that such person acts in its capacity as the World Economic Forum, has become the resentative democracy, human rights, and a regulated insurance entity. most problematic factor for doing business the rule of law within their country; ‘‘(2) RULE OF CONSTRUCTION ON BOARD’SAU- in Venezuela. (3) the chronic mismanagement by the THORITY.—This subsection shall not be con- (3) The Central Bank of Venezuela declared Government of Venezuela of its economy has strued to prohibit, modify, limit, or other- that the scarcity index of Venezuela reached produced conditions of economic hardship wise supersede any other provision of Fed- 29.4 percent in March 2014, which signifies and scarcity of basic goods and foodstuffs for eral law that provides the Board of Gov- that fewer than one in 4 basic goods is un- the people of Venezuela; ernors authority to issue regulations and or- available at any given time. The Central (4) the failure of the Government of Ven- ders relating to capital requirements for de- Bank has not released any information on ezuela to guarantee minimal standards of pository institution holding companies or the scarcity index since that time. public security for its citizens has led the nonbank financial companies supervised by (4) Since 1999, violent crime in Venezuela country to become one of the most violent the Board of Governors. has risen sharply and the Venezuelan Vio- and corrupt in the world; ‘‘(3) RULE OF CONSTRUCTION ON ACCOUNTING lence Observatory, an independent non- (5) the Government of Venezuela continues PRINCIPLES.— governmental organization, found the na- to take steps to remove checks and balances ‘‘(A) IN GENERAL.—A depository institution tional per capita murder rate to be 79 per on the executive, politicize the judiciary, un- holding company or nonbank financial com- 100,000 people in 2013. dermine the independence of the legislature pany supervised by the Board of Governors of (5) The international nongovernmental or- through use of executive decree powers, per- the Federal Reserve that is also a person reg- ganization Human Rights Watch recently secute and prosecute its political opponents, ulated by a State insurance regulator that is stated, ‘‘Under the leadership of President curtail freedom of the press, and limit the engaged in the business of insurance that Cha` vez and now President Maduro, the accu- free expression of its citizens; files financial statements with a State insur- mulation of power in the executive branch (6) Venezuelans, responding to ongoing eco- ance regulator or the National Association and the erosion of human rights guarantees nomic hardship, high levels of crime and vio- of Insurance Commissioners utilizing only have enabled the government to intimidate, lence, and the lack of basic political rights Statutory Accounting Principles in accord- censor, and prosecute its critics.’’. and individual freedoms, have turned out in ance with State law, shall not be required by (6) The Country Reports on Human Rights demonstrations in Caracas and throughout the Board under the authority of this section Practices for 2013 of the Department of State the country to protest the failure of the Gov- or the authority of the Home Owners’ Loan maintained that in Venezuela ‘‘the govern- ernment of Venezuela to protect the polit- Act to prepare such financial statements in ment did not respect judicial independence ical and economic well-being of its citizens; accordance with Generally Accepted Ac- or permit judges to act according to the law and counting Principles. without fear of retaliation’’ and ‘‘the govern- (7) the repeated use of violence perpetrated ‘‘(B) PRESERVATION OF AUTHORITY.—Noth- ment used the judiciary to intimidate and by the National Guard and security per- ing in subparagraph (A) shall limit the au- selectively prosecute political, union, busi- sonnel of Venezuela, as well as persons act- thority of the Board under any other appli- ness, and civil society leaders who were crit- ing on behalf of the Government of Ven- cable provision of law to conduct any regu- ical of government policies or actions’’. ezuela, against antigovernment protesters latory or supervisory activity of a depository (7) The Government of Venezuela has de- that began on February 4, 2014, is intolerable institution holding company or non-bank fi- tained foreign journalists and threatened and the use of unprovoked violence by pro- nancial company supervised by the Board of and expelled international media outlets op- testers is also a matter of serious concern. Governors, including the collection or re- erating in Venezuela, and the international porting of any information on an entity or SEC. 4. UNITED STATES POLICY TOWARD VEN- nongovernmental organization Freedom EZUELA. group-wide basis. Nothing in this paragraph House declared that Venezuela’s ‘‘media cli- It is the policy of the United States— shall excuse the Board from its obligations mate is permeated by intimidation, some- (1) to support the people of Venezuela in to comply with section 161(a) of the Dodd- times including physical attacks, and strong their aspiration to live under conditions of Frank Wall Street Reform and Consumer antimedia rhetoric by the government is peace and representative democracy as de- Protection Act (12 U.S.C. 5361(a)) and section common’’. fined by the Inter-American Democratic 10(b)(2) of the Home Owners’ Loan Act (12 (8) Since February 4, 2014, the Government Charter of the Organization of American U.S.C. 1467a(b)(2)), as appropriate.’’. of Venezuela has responded to States; The bill was ordered to be read a antigovernment protests with violence and (2) to work in concert with the other mem- killings perpetrated by its public security ber states within the Organization of Amer- third time, was read the third time, forces. ican States, as well as the countries of the and passed, and a motion to reconsider (9) In May 2014, Human Rights Watch found European Union, to ensure the peaceful reso- was laid on the table. that the unlawful use of force perpetrated lution of the current situation in Venezuela

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.052 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9021 and the immediate cessation of violence States, or other applicable international ob- information distribution, and circumvention against antigovernment protestors; ligations. technology distribution in Venezuela by the (3) to hold accountable government and se- (c) WAIVER.—The President may waive the Board before the date of the enactment of curity officials in Venezuela responsible for application of sanctions under subsection (b) this Act; or complicit in the use of force in relation to with respect to a person if the President— (2) an assessment of the extent to which antigovernment protests and similar future (1) determines that such a waiver is in the the current level and type of news and re- acts of violence; and national interest of the United States; and lated programming and content provided by (4) to continue to support the development (2) on or before the date on which the waiv- the Voice of America and other sources is ad- of democratic political processes and inde- er takes effect, submits to the Committee on dressing the informational needs of the peo- pendent civil society in Venezuela. Foreign Relations and the Committee on ple of Venezuela; and SEC. 5. SANCTIONS ON PERSONS RESPONSIBLE Banking Housing, and Urban Affairs of the (3) recommendations for increasing broad- FOR VIOLENCE IN VENEZUELA. Senate and the Committee on Foreign Af- casting, information distribution, and cir- (a) IN GENERAL.—The President shall im- fairs and the Committee on Financial Serv- cumvention technology distribution in Ven- pose the sanctions described in subsection (b) ices of the House of Representatives a notice ezuela. with respect to any foreign person, including of and justification for the waiver. The SPEAKER pro tempore. Pursu- (d) REGULATORY AUTHORITY.—The Presi- any current or former official of the Govern- ant to the rule, the gentlewoman from ment of Venezuela or any person acting on dent shall issue such regulations, licenses, and orders as are necessary to carry out this Florida (Ms. ROS-LEHTINEN) and the behalf of that Government, that the Presi- gentleman from California (Mr. dent determines— section. (e) TERMINATION.—The requirement to im- VARGAS) each will control 20 minutes. (1) has perpetrated, or is responsible for or- pose sanctions under this section shall ter- The Chair recognizes the gentle- dering or otherwise directing, significant minate on December 31, 2016. acts of violence or serious human rights woman from Florida. (f) DEFINITIONS.—In this section: abuses in Venezuela against persons associ- GENERAL LEAVE (1) ADMITTED; ALIEN.—The terms ‘‘admit- Ms. ROS-LEHTINEN. Mr. Speaker, I ated with the antigovernment protests in ted’’ and ‘‘alien’’ have the meanings given Venezuela that began on February 4, 2014; those terms in section 101 of the Immigra- ask unanimous consent that all Mem- (2) has ordered or otherwise directed the tion and Nationality Act (8 U.S.C. 1101). bers may have 5 legislative days to re- arrest or prosecution of a person in Ven- (2) FINANCIAL INSTITUTION.—The term ‘‘fi- vise and extend their remarks and to ezuela primarily because of the person’s le- nancial institution’’ has the meaning given include extraneous material on the gitimate exercise of freedom of expression or that term in section 5312 of title 31, United bill. assembly; or States Code. The SPEAKER pro tempore. Is there (3) has knowingly materially assisted, (3) FOREIGN PERSON.—The term ‘‘foreign sponsored, or provided significant financial, objection to the request of the gentle- person’’ means a person that is not a United woman from Florida? material, or technological support for, or States person. goods or services in support of, the commis- There was no objection. (4) GOOD.—The term ‘‘good’’ has the mean- sion of acts described in paragraph (1) or (2). Ms. ROS-LEHTINEN. Mr. Speaker, I ing given that term in section 16 of the Ex- yield myself such time as I may con- (b) SANCTIONS DESCRIBED.— port Administration Act of 1979 (50 U.S.C. (1) IN GENERAL.—The sanctions described in App. 2415) (as continued in effect pursuant to sume. this subsection are the following: the International Emergency Economic Pow- Mr. Speaker, it is fitting that today, (A) ASSET BLOCKING.—The exercise of all ers Act (50 U.S.C. 1701 et seq.)). International Human Rights Day, we powers granted to the President by the (5) KNOWINGLY.—The term ‘‘knowingly’’, consider and debate the bill before us: International Emergency Economic Powers with respect to conduct, a circumstance, or a the Venezuela Defense of Human Act (50 U.S.C. 1701 et seq.) to the extent nec- result, means that a person has actual Rights and Civil Society Act. The essary to block and prohibit all transactions knowledge, or should have known, of the House unanimously passed a similar in all property and interests in property of a conduct, the circumstance, or the result. person determined by the President to be measure that I authored and intro- (6) MATERIALLY ASSISTED.—The term ‘‘ma- subject to subsection (a) if such property and duced earlier this year, and I urge pas- terially assisted’’ means the provision of as- sage of this measure before us pre- interests in property are in the United sistance that is significant and of a kind di- States, come within the United States, or rectly relevant to acts described in para- sented by Senators MENENDEZ and are or come within the possession or control graph (1) or (2) of subsection (a). RUBIO. of a United States person. (7) UNITED STATES PERSON.—The term The people of Venezuela, Mr. Speak- (B) EXCLUSION FROM THE UNITED STATES ‘‘United States person’’ means— er, have been crying out for help. They AND REVOCATION OF VISA OR OTHER DOCU- (A) a United States citizen or an alien law- have been begging the United States MENTATION.—In the case of an alien deter- fully admitted for permanent residence to mined by the President to be subject to sub- and all responsible nations to help pro- the United States; or tect them against the tyranny and bru- section (a), denial of a visa to, and exclusion (B) an entity organized under the laws of from the United States of, the alien, and rev- tality under the Maduro regime, the the United States or of any jurisdiction puppets of the oppressive Castro re- ocation in accordance with section 221(i) of within the United States, including a foreign the Immigration and Nationality Act (8 branch of such an entity. gime in Cuba. I should point out that U.S.C. 1201(i)), of any visa or other docu- SEC. 6. REPORT ON BROADCASTING, INFORMA- today, International Human Rights mentation of the alien. TION DISTRIBUTION, AND CIR- Day, the Castro thugs rounded up and (2) PENALTIES.—A person that violates, at- CUMVENTION TECHNOLOGY DIS- imprisoned 52 human rights activists. tempts to violate, conspires to violate, or TRIBUTION IN VENEZUELA. Today, Congress speaks in a unified causes a violation of paragraph (1)(A) or any (a) IN GENERAL.—Not later than 30 days and bipartisan voice. The human rights regulation, license, or order issued to carry after the date of the enactment of this Act, out paragraph (1)(A) shall be subject to the the Chairman of the Broadcasting Board of situation in Venezuela has actually penalties set forth in subsections (b) and (c) Governors (in this section referred to as the gotten worse under Maduro since the of section 206 of the International Emer- ‘‘Board’’) shall submit to Congress a report death of that other Castro sycophant, gency Economic Powers Act (50 U.S.C. 1705) that includes— Hugo Chavez. In fact, since February to the same extent as a person that commits (1) a thorough evaluation of the govern- 12, 2014, also known as National Youth an unlawful act described in subsection (a) of mental, political, and technological obsta- Day in Venezuela, the freedom-seeking that section. cles faced by the people of Venezuela in their people of Venezuela have risen up to (3) EXCEPTION RELATING TO IMPORTATION OF efforts to obtain accurate, objective, and challenge the abuses and undemocratic GOODS.—The requirement to block and pro- comprehensive news and information about hibit all transactions in all property and in- domestic and international affairs; actions being committed by Nicolas terests in property under paragraph (1)(A) (2) an assessment of current efforts relat- Maduro and his lackeys, demanding shall not include the authority to impose ing to broadcasting, information distribu- their most basic and fundamental sanctions on the importation of goods. tion, and circumvention technology distribu- rights. (4) EXCEPTION TO COMPLY WITH UNITED NA- tion in Venezuela, by the United States Gov- Naturally, oppressors have but one TIONS HEADQUARTERS AGREEMENT.—Sanctions ernment and otherwise; and option which they never fail to resort under paragraph (1)(B) shall not apply to an (3) a strategy for expanding such efforts in to; and Maduro, as we knew he would, alien if admitting the alien into the United Venezuela, including recommendations for responded with a violent crackdown States is necessary to permit the United additional measures to expand upon current against those who had the courage to States to comply with the Agreement re- efforts. garding the Headquarters of the United Na- (b) ELEMENTS.—The report required by sub- challenge his authoritarian rule. tions, signed at Lake Success June 26, 1947, section (a) shall include— Ever since the peaceful demonstra- and entered into force November 21, 1947, be- (1) an assessment of the current level of tions against the regime began on Na- tween the United Nations and the United Federal funding dedicated to broadcasting, tional Youth Day, 42 people have been

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.053 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9022 CONGRESSIONAL RECORD — HOUSE December 10, 2014 killed, there have been nearly 60 re- lent. It has turned a blind eye to the Mr. VARGAS. Mr. Speaker, I rise in ported cases of torture, and 72 students harsh and brutal reality in Venezuela, support of S. 2142, the Venezuelan De- remain jailed to this day. has been afraid to speak out and take fense of Human Rights and Civil Soci- Pro-democracy leaders have raised action against Chavez, and, until now, ety Act of 2014, and yield myself as their voices against the abuses of the has been far too afraid to challenge much time as I may consume. regime, and they have been persecuted Maduro. Mr. Speaker, I would like to begin by with politically-motivated charges, But the United States Congress will thanking Congresswoman ROS- and those arrested face indescribable act, Mr. Speaker. Let’s send a strong LEHTINEN—thank you for your leader- cruelty in prison. signal tonight—not only to the admin- ship on this—and also Senator MENEN- istration, but to the people of Ven- b 1830 DEZ for his leadership on this legisla- ezuela—that the United States Con- tion. I also want to thank, once again, Leopoldo Lopez, one of the faces of gress hears, sees, and feels their suf- Chairman ROYCE, who has approached the democratic opposition, continues fering, and we will not allow their an- this issue in a bipartisan way, as he al- to be imprisoned in a military facility. guish to go unobstructed. ways does. Leopoldo is continuously denied visi- The United States cannot ignore its Congresswoman ROS-LEHTINEN’s bill tors, and his legal proceedings, such as responsibilities, and we must answer passed the House unanimously in May, they are, are plagued with irregular- the calls for freedom, for democracy and I am pleased that we are now ready ities. around the globe. We must be the voice to send this bill to the President’s Daniel Ceballos, the mayor of the for those who are being silenced by desk. city of San Cristobal, was impeached their oppressive regimes, and we must and arrested by the Maduro thugs ear- stand for the values that we believe The world has watched closely over lier this year. Daniel’s only crime was in—not just here at home, but every- the last year as Venezuela’s President to defend his constituents from the re- where. Nicolas Maduro has stifled the demo- pressive abuses of the National Guard Mr. Speaker, by passing this bill and cratic aspirations of the Venezuelan deployed to violently quash them. sending it to the President’s desk, we people. Peaceful protesters seeking But these cases, sadly, Mr. Speaker, will do just that. basic rights and dignity have been met are not isolated. Earlier this year, Mr. Speaker, I reserve the balance of with violence. Forty-two people were Maria Corina Machado, a courageous my time. tragically killed and 800 were injured woman and vocal opposition leader, HOUSE OF REPRESENTATIVES, on both sides of the conflict. We mourn came to Washington, D.C., came to the COMMITTEE ON FOREIGN AFFAIRS, all of their losses. At the same time, Washington, DC, December 10, 2014. United States to speak in front of the the Maduro government has arrested Hon. BOB GOODLATTE, Organization of American States on political opponents and stood in the Chairman, Committee on the Judiciary, Wash- way of a free press. the tragic situation in her homeland of ington, DC. Venezuela. The OAS, the Organization DEAR CHAIRMAN GOODLATTE: Thank you for Nearly 10 minutes after his arrest, of American States, is a body that is agreeing to forgo a referral request and com- opposition leader Leopoldo Lopez re- supposed to uphold and protect the mittee consideration of S. 2142, the Ven- mains in jail on trumped-up charges. democratic charter and human rights ezuela Defense of Human Rights and Civil The U.N. Committee Against Torture, in the Americas. Society Act of 2014, so that the bill may pro- seven former Latin American Presi- ceed expeditiously to the Floor. Maria Corina was blocked by Castro dents, and the leaders around the world I agree that your forgoing action on this have called for Leopoldo’s release. sympathizers, Maduro sympathizers, measure does not in any way diminish or and their cronies, and she was pre- alter the jurisdiction of the Committee on Last week, Venezuelan opposition vented from even addressing this body. the Judiciary, or prejudice its jurisdictional leader and former National Assembly And when she returned home, what prerogatives on this bill or similar legisla- Deputy Maria Corina Machado was happened to Maria Corina Machado? tion in the future. charged for conspiring to assassinate I will seek to place this letter into the She was illegally stripped of her posi- President Maduro, another desperate CONGRESSIONAL RECORD during floor consid- move by a desperate government. tion in the Venezuelan National As- eration of the bill. I appreciate your coopera- sembly because she dared to speak out tion regarding this legislation and look for- Maduro’s government even considers against the regime and in favor of ward to continuing to work with the Com- the U.S. Ambassador to Colombia in on human rights. mittee on the Judiciary as this measure this bizarre conspiracy. It would be hu- But the problems of Venezuela go be- moves through the legislative process. morous if it wasn’t so sad and dan- yond these democratic abuses. Nicolas Sincerely, gerous. Maduro’s inability to contain a spi- EDWARD R. ROYCE, The legislation that we are consid- Chairman. raling hyperinflationary economy, ering today makes it clear that Con- gress will not turn a blind eye to the marked by shortages of consumer HOUSE OF REPRESENTATIVES, goods, along with a skyrocketing crime COMMITTEE ON FOREIGN AFFAIRS, human rights violations in Venezuela. rate creates a difficult, almost unbear- Washington, DC, December 10, 2014. By stripping human rights violators of able situation for Venezuelans to en- Hon. JEB HENSARLING, their visas, we are saying that those dure. Chairman, Committee on Financial Services, responsible for abuses in Venezuela are The legislation before us targets Ven- Washington, DC. not welcome in the United States. By DEAR CHAIRMAN HENSARLING: Thank you ezuelan officials responsible for the freezing their assets, we are making it for agreeing to forgo a referral request and clear that those who violate human perpetration of human rights abuses committee consideration of S. 2142, the Ven- against the citizens of Venezuela. And ezuela Defense of Human Rights and Civil rights in Venezuela won’t have access how do we do that? We deny them Society Act of 2014, so that the bill may pro- to financial institutions in the United visas. We block their property. We ceed expeditiously to the Floor. States. freeze their assets here in the United I agree that your forgoing action on this Venezuela’s leaders will say this bill States. measure does not in any way diminish or is going to hurt the average Ven- Mr. Speaker, the distress signal sent alter the jurisdiction of the Committee on ezuelan citizen. That is nonsense. Financial Services, or prejudice its jurisdic- to us by the people of Venezuela did tional prerogatives on this bill or similar These sanctions won’t touch the oil not just start in February. For years, legislation in the future. sector or other vital parts of the Ven- the Venezuelan people have been call- I will seek to place this letter into the ezuelan economy. They only affect ing out for help, asking us for our as- CONGRESSIONAL RECORD during floor consid- those complicit in the recent crack- sistance, for us to do something, any- eration of the bill. I appreciate your coopera- downs. thing that will help stop the terrible tion regarding this legislation and look for- Finally, I will note that this bill human rights abuses of the authori- ward to continuing to work with the Com- gives President Obama needed flexi- mittee on Financial Services as this measure tarian thug Chavez, and now his Mini- moves through the legislative process. bility to respond to events on the Me, Maduro. Sincerely, ground in Venezuela. Each and every Sadly, our administration has been EDWARD R. ROYCE, sanction in this bill can be waived by deafeningly silent, embarrassingly si- Chairman. the President at any time.

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.095 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9023 Let’s stand with the people of Ven- those who supported those actions. ROYCE, for his help and his leadership ezuela and support the immediate pas- Through our action here today, we sig- in this fight. sage of S. 2142. nify the determination of the American Mr. Speaker, I have no further re- Mr. Speaker, I reserve the balance of people to stand for freedom and democ- quests for time, and I yield back the my time. racy, and this bill reinforces the senti- balance of my time. Ms. ROS-LEHTINEN. Mr. Speaker, I ments and actions of the U.S. Congress The SPEAKER pro tempore. The yield myself such time as I may con- and the Obama administration. question is on the motion offered by sume. Along with my colleagues, I stand in the gentlewoman from Florida (Ms. Mr. Speaker, at this time, I would solidarity with those brave Ven- ROS-LEHTINEN) that the House suspend like to thank and congratulate the vi- ezuelans continuing to advocate for the rules and pass the bill, S. 2142. brant Venezuelan American commu- their rights, including opposition lead- The question was taken; and (two- nity in our area in south Florida and, er Leopoldo Lopez, who outrageously thirds being in the affirmative) the indeed, throughout our great Nation remains in prison. I look forward to rules were suspended and the bill was for never forgetting the suffering of this measure’s passage and to Presi- passed. A motion to reconsider was laid on their native lands. They have many dent Obama’s signature, and working the table. family members in Venezuela, and they with the Obama administration and care deeply about what happens in our allies to hold these perpetrators of f their homeland. the injustice accountable for their GLOBAL FOOD SECURITY ACT OF Now they have adopted America as crimes. 2014 Ms. ROS-LEHTINEN. Mr. Speaker, I their homeland and they are proud Mr. SMITH of New Jersey. Mr. reserve the balance of my time. Americans, but they are also very Speaker, I move to suspend the rules proud of their traditions. It is because Mr. VARGAS. Mr. Speaker, I yield myself the balance of my time. and pass the bill (H.R. 5656) to author- of their desire to go back to a Ven- ize the Feed the Future Initiative to ezuela one day—that will be free, that In closing, I would like to emphasize, once again, that today’s legislation is reduce global poverty and hunger in de- will be democratic, that will respect veloping countries on a sustainable the human rights—that we are here consistent with our treatment of human rights violators throughout the basis, and for other purposes, as today fighting on their behalf. So amended. thanks to our constituents for making world. Will this legislation all of a sudden The Clerk read the title of the bill. this day a reality. The text of the bill is as follows: turn President Maduro and his govern- Mr. Speaker, I continue to reserve ment into great respecters of human H.R. 5656 the balance of my time. rights? None of us are naive enough to Be it enacted by the Senate and House of Rep- Mr. VARGAS. Mr. Speaker, I yield 3 resentatives of the United States of America in believe this, but what it will do is it minutes to the gentlewoman from Congress assembled, will send a message to human rights Florida (Ms. WASSERMAN SCHULTZ). SECTION 1. SHORT TITLE. violators in Venezuela and throughout Ms. WASSERMAN SCHULTZ. Mr. This Act may be cited as the ‘‘Global Food the world that your visas and your as- Speaker, I, too, want to thank my col- Security Act of 2014’’. sets in U.S. financial institutions are league and the gentlewoman from SEC. 2. STATEMENT OF POLICY OBJECTIVES; in peril if you abuse individuals’ SENSE OF CONGRESS. south Florida, who has really been a human rights. (a) STATEMENT OF POLICY OBJECTIVES.—It passionate advocate and whom I have I once again urge my colleagues to is in the national security interest of the stood in solidarity with on this and so support the immediate passage of S. United States to promote global food secu- many other issues. rity and nutrition, consistent with national 2142. food security investment plans, which is re- Mr. Speaker, I rise in strong support Mr. Speaker, I yield back the balance of the Venezuela Defense of Human inforced through programs, activities, and of my time. initiatives that— Rights and Civil Society Act of 2014. I Ms. ROS-LEHTINEN. Mr. Speaker, I (1) accelerate inclusive, agricultural-led do so as the proud representative of yield myself such time as I may con- economic growth that reduces global pov- Westonzuela, my hometown, and one in sume. erty, hunger, and malnutrition, particularly which we have an incredibly rich and Mr. Speaker, at this time, I would among women and children; vibrant community of Venezuelans and like to thank our entire south Florida (2) increase the productivity, incomes, and Venezuelan Americans. As the rep- congressional delegation. All of us livelihoods of small-scale producers, espe- resentative of one of the largest com- cially women, by working across agricul- worked together in a bipartisan way to tural value chains and expanding producer munities of Venezuelans and Ven- get this bill to this moment. access to local and international markets; ezuelan Americans in the United I would especially like to thank Sen- (3) build resilience to food shocks among States, I am here to strongly speak out ator BOB MENENDEZ, the chairman of vulnerable populations and households while against the continued, unconscionable the Foreign Relations Committee, reducing reliance upon emergency food as- abuses of the Maduro government along with our own Florida Senator sistance; against innocent citizens. whom we are so proud of, MARCO RUBIO, (4) create an enabling environment for ag- Earlier this year, facing a repressive for their hard work on this bill and, ricultural growth and investment, including government and crushing economic really, for their work on the broader through the promotion of secure and trans- conditions, thousands of Venezuelans parent property rights; issues of the lack of democracy in our (5) improve the nutritional status of peacefully protested to demand their hemisphere, the disrespect for human women and children, with a focus on reduc- basic human rights and dignity. In re- rights, the lack of the rule of law. ing child stunting, including through the sponse, President Maduro and his secu- Sadly, in our Western Hemisphere, promotion of highly nutritious foods, diet di- rity forces brutally suppressed their instead of seeing advances of human versification, and nutritional behaviors that own citizens in the streets and used the rights and advances of democracy, we improve maternal and child health; judiciary to squash voices championing have seen a sad erosion in these years. (6) align with and leverage broader United freedom of expression and democracy. We thank all of the Members for al- States investments in trade, economic Although President Maduro has tried growth, science and technology, maternal ways using these esteemed floors to and child health, and water, sanitation, and to further silence these voices by lim- talk about our basic values that we hygiene; and iting media coverage of the ongoing op- share with our hemispheric neighbors, (7) ensure the effective use of United pression and repression and terrible and that is respect for human rights, States taxpayer dollars to further these ob- economic conditions of his country, we respect for democracy, respect for the jectives. can still hear the demands for justice rule of law, and always to continue to (b) SENSE OF CONGRESS.—It is the sense of and for dignity. do everything we can to make sure the Congress that the President, in providing This bill would impose sanctions on assistance to implement the Global Food Se- that all of our oppressed brothers and curity Strategy, should— those individuals in Maduro’s regime sisters will live in freedom, the free- (1) coordinate, through a whole-of-govern- who have ordered the arrest or prosecu- dom that we enjoy so much. ment approach, the efforts of relevant Fed- tion of anyone exercising their right to I thank very much our chairman of eral departments and agencies to implement peacefully assemble or protest, or our Foreign Affairs Committee, Mr. the Global Food Security Strategy;

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.097 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9024 CONGRESSIONAL RECORD — HOUSE December 10, 2014 (2) utilize, to the extent possible, open and rity policy and investment plans developed (C) cooperatives; streamlined solicitations to allow for the with input from relevant governmental and (D) the private sector; participation of a wide range of imple- nongovernmental sectors within partner (E) local nongovernmental and civil soci- menting partners via the most appropriate countries and regional bodies, including rep- ety organizations; contracting mechanism; and resentatives of the private sector, agricul- (F) faith-based organizations; (3) continue to strengthen existing part- tural producers, including women and small- (G) congressional committees; and nerships between developing country institu- scale producers, international and local civil (H) other stakeholders, as appropriate. tions of agricultural sciences with univer- society organizations, faith-based organiza- SEC. 5. ASSISTANCE TO IMPLEMENT THE GLOBAL sities in the United States, with a focus on tions, research institutions, and farmers as FOOD SECURITY STRATEGY. building the capacities of developing nation reasonable and appropriate; (a) IN GENERAL.—The President is author- universities in agriculture. (2) support inclusive agricultural value ized to provide assistance to implement the SEC. 3. DEFINITIONS. chain development, with small-scale pro- Global Food Security Strategy pursuant to In this Act: ducers, especially women, gaining greater the authorities of section 103, section 103A, (1) AGRICULTURE.—The term ‘‘agriculture’’ access to the inputs, skills, networking, bar- title XII of chapter 2 of part I, and chapter 4 means crops, livestock, fisheries, and gaining power, financing, and market link- of part II of the Foreign Assistance Act of forestries. ages needed to sustain their long-term eco- 1961 (22 U.S.C. 2151a, 2151a–1, 2220a et seq., (2) APPROPRIATE CONGRESSIONAL COMMIT- nomic prosperity; and 2346 et seq.) notwithstanding any other TEES.—The term ‘‘appropriate congressional (3) seek to improve the nutritional status provision of law. committees’’ means— of women and children, particularly during (b) MONITORING AND EVALUATION.—The (A) the Committee on Foreign Relations of the critical first 1,000-day window until a President should seek to ensure that assist- the Senate; child reaches 2 years of age, with a focus on ance to implement the Global Food Security (B) the Committee on Agriculture, Nutri- reducing child stunting; Strategy is provided under established pa- tion, and Forestry of the Senate; (4) seek to ensure the long-term success of rameters for a rigorous accountability sys- (C) the Committee on Appropriations of programs by building the capacity of local tem to monitor and evaluate progress and the Senate; organizations and institutions; impact of the strategy, including by report- (D) the Committee on Foreign Affairs of (5) integrate resilience strategies into food ing to the appropriate congressional com- the House of Representatives; security programs, such that chronically mittees and the public on an annual basis. (E) the Committee on Agriculture of the vulnerable populations are better able to (c) AUTHORIZATION OF APPROPRIATIONS.— House of Representatives; and build safety nets, secure livelihoods, access There is authorized to be appropriated to the (F) the Committee on Appropriations of markets, and access opportunities from President $1,000,600,000 for fiscal year 2015 to the House of Representatives. longer-term economic growth; carry out this section. (3) FEED THE FUTURE INNOVATION LABS.— (6) develop community and producer resil- SEC. 6. REPORT. The term ‘‘Feed the Future Innovation iency to natural disasters, emergencies, and (a) IN GENERAL.—Not later than 1 year Labs’’ means research partnerships led by natural occurrences that adversely impact after the date of the enactment of this Act, United States universities that advance solu- agricultural yield; the President shall submit to the appro- tions to reduce global hunger, poverty, and (7) harness science, technology, and inno- priate congressional committees a report malnutrition. vation, including the research conducted at that describes the status of the implementa- (4) GLOBAL FOOD SECURITY STRATEGY.—The Feed the Future Innovation Labs, or any tion of the Global Food Security Strategy. term ‘‘Global Food Security Strategy’’ successor entities, throughout the United (b) CONTENT.—The report required under means the strategy developed and imple- States; subsection (a) shall— mented pursuant to section 4(a). (8) support integrating agricultural devel- (1) contain a summary of the Global Food (5) FOOD AND NUTRITION SECURITY.—The opment activities among food insecure popu- Security Strategy as an appendix; term ‘‘food and nutrition security’’ means lations living in proximity to designated na- (2) identify any substantial changes made access to, and availability, utilization, and tional parks or wildlife areas to support in the Global Food Security Strategy during stability of, sufficient food to meet caloric wildlife conservation efforts; the preceding calendar year; and nutritional needs for an active and (9) leverage resources and expertise (3) identify the indicators that will be used healthy life. through partnerships with the private sec- to measure results, set benchmarks for (6) MALNUTRITION.—The term ‘‘malnutri- tor, farm organizations, cooperatives, civil progress over time, and establish mecha- tion’’ means poor nutritional status caused society, faith-based organizations, research nisms for reporting results in an open and by nutritional deficiency or excess. entities, and academic institutions; transparent manner; (7) RESILIENCE.—The term ‘‘resilience’’ (10) support collaboration, as appropriate, (4) describe the progress made in imple- means the ability of people, households, between United States universities and pub- menting the Global Food Security Strategy; communities, countries, and systems to lic and private institutions in developing (5) assess the progress and results of imple- mitigate, adapt to, and recover from shocks countries to promote agricultural develop- menting international food and nutrition se- and stresses to food security in a manner ment and innovation; curity programming; that reduces chronic vulnerability and facili- (11) set clear and transparent selection cri- (6) contain a transparent, open, and de- tates inclusive growth. teria for target countries, regions, and in- tailed accounting of spending by relevant (8) RELEVANT FEDERAL DEPARTMENTS AND tended beneficiaries of assistance to imple- Federal departments and agencies to imple- AGENCIES.—The term ‘‘relevant Federal de- ment the Global Food Security Strategy; ment the Global Food Security Strategy, in- partments and agencies’’ means the United (12) set specific and measurable goals, tar- cluding by listing all recipients of funding or States Agency for International Develop- gets, and time frames, and a plan of action partner organizations and, to the extent pos- ment, the Department of Agriculture, the consistent with the policy objectives de- sible, describing their activities; Department of Commerce, the Department scribed in section 2(a); (7) identify any United States legal or reg- of State, the Department of the Treasury, (13) seek to ensure that target countries ulatory impediments that could obstruct the the Millennium Challenge Corporation, the respect and promote the lawful land tenure effective implementation of the program- Overseas Private Investment Corporation, rights of local communities, particularly ming referred to in paragraph (5); the Peace Corps, the Office of the United those of women and small-scale producers; (8) contain a clear gender analysis of pro- States Trade Representative, the United and gramming that includes established States African Development Foundation, the (14) include criteria and methodology for disaggregated gender indicators to better United States Geological Survey, and any graduating countries from assistance to im- analyze outcomes for food productivity, in- other department or agency specified by the plement the Global Food Security Strategy come growth, equity in access to inputs, jobs President for purposes of this section. once the countries have achieved certain and markets, and nutrition; (9) SMALL-SCALE PRODUCER.—The term benchmarks. (9) describe the strategies and benchmarks ‘‘small-scale producer’’ means farmers, pas- (b) COORDINATION.—The President shall co- for graduating target countries and moni- toralists, foresters, and fishers that have a ordinate, through a whole-of-government ap- toring any graduated target countries; low-asset base and limited resources, includ- proach, the efforts of relevant Federal de- (10) assess efforts to coordinate United ing land, capital, skills and labor, and, in the partments and agencies in the implementa- States international food security and nutri- case of farmers, typically farm on fewer than tion of the Global Food Security Strategy tion programs, activities, and initiatives 5 hectares of land. by— with— SEC. 4. COMPREHENSIVE GLOBAL FOOD SECU- (1) establishing monitoring and evaluation (A) other bilateral donors; RITY STRATEGY. systems, coherence, and coordination across (B) international and multilateral organi- (a) STRATEGY.—The President shall coordi- relevant Federal departments and agencies; zations; nate the development and implementation of and (C) international financial institutions; a United States whole-of-government strat- (2) establishing platforms for regular con- (D) host country governments; egy to accomplish the policy objectives set sultation and collaboration with key stake- (E) international and local private vol- forth in section 2(a), which shall— holders, including— untary, nongovernmental, faith-based orga- (1) support and be aligned with country- (A) multilateral institutions; nizations, and civil society organizations; owned agriculture, nutrition, and food secu- (B) private voluntary organizations; and

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.055 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9025 (F) other stakeholders; food security, which is something that robust support, including nutrition— (11) assess United States Government-fa- is, first and foremost, humane but also again, through that first 1,000 days of cilitated private investment in related sec- in the national security interests of life—government health workers, civil tors and the impact of private sector invest- the United States. society, and others will not only pre- ment in target countries; As USAID Administrator Dr. Rajiv (12) include consultation with relevant vent many deaths, but children will be United States Government agencies in the Shah has pointed out—who, I want to stronger, healthier, happier; their im- preparation of the report; and point out, parenthetically, has done a mune systems will be boosted; and as (13) incorporate a plan for regularly re- tremendous job as the Administrator of they matriculate to adulthood, they viewing and updating strategies, partner- USAID—this program encourages self- will be more prosperous. If women of ships, and programs and sharing lessons sufficiency and operates in targeted childbearing age are well-nourished, learned with a wide range of stakeholders. countries where the host governments they are healthier and are able to pro- (c) PUBLIC AVAILABILITY OF INFORMATION.— have committed to investing in local vide nourishment for their children. The information referred to in subsection (b) agricultural development and to under- shall be made publicly accessible in a timely I remember being in so many refugee manner on a consolidated website. taking reforms that allow the private camps. At a Darfur refugee camp, on sector to flourish. Its hallmarks are one of many trips to Africa, I remem- The SPEAKER pro tempore. Pursu- the building of local capacity and sus- ber the women there were so concerned ant to the rule, the gentleman from tainability, as well as resiliency in that they would be able to breastfeed New Jersey (Mr. SMITH) and the gen- linking local entrepreneurs to the glob- their children, but they were so mal- tleman from California (Mr. VARGAS) al economy, while boosting trans- nourished that that was next to impos- each will control 20 minutes. parency and accountability. sible. After several weeks, they were The Chair recognizes the gentleman The end result of this can be seen in able to do so. from New Jersey. lives saved and in lives enriched. In the I should also add, when these chil- GENERAL LEAVE past year, the Feed the Future pro- dren—healthy children—get this kind Mr. SMITH of New Jersey. Mr. gram has helped 7 million farmers of help, it also ensures greater not only Speaker, I ask unanimous consent that across the globe to increase harvests, physical but cognitive development. all Members may have 5 legislative resulting in improved nutrition for Healthy children thrive and are em- days to revise and extend their re- some 12.5 million children. To give one powered to become healthy adults. marks and include extraneous material example, in Ethiopia, stunting rates Again, they can make, because of that, on the bill. were driven down by some 9 percent in meaningful contributions to their fam- The SPEAKER pro tempore. Is there just 3 years, resulting in, roughly, ilies and society. objection to the request of the gen- 160,000 fewer children suffering from Finally, I note that the program au- tleman from New Jersey? malnutrition. thorized by H.R. 5656 is not only penny- There was no objection. Yet, today, even though progress has wise, but it is also pound-wise. It is ec- Mr. SMITH of New Jersey. Mr. been made, malnutrition is the under- onomical in the long run, and it should Speaker, I yield myself such time as I lying cause of death for at least 3.1 mil- lead to a reduction in the amount of may consume. lion children per year around the world money we spend on emergency food Mr. Speaker, the Global Food Secu- and is responsible for 45 percent of all aid. A comprehensive food security rity Act, H.R. 5656, is a bipartisan bill deaths among children under 5. More strategy outlined in the bill, as well as with 21 cosponsors, including BETTY than 800,000 babies—one in four in the policy, also helps us to do more MCCOLLUM, our lead Democrat, who newborns—die each year because they with less by leveraging our aid with has worked very hard on this issue. are born too soon or they are too small that of other countries, the private sec- I would also like to thank House For- as a result of poor maternal nutrition. tor, NGOs, and especially faith-based eign Affairs Committee Chairman ED Mr. Speaker, one of the first laws organizations, whose great work on the ROYCE, Ranking Member ELIOT ENGEL, that I wrote over 30 years ago was the ground in so many different countries Ranking Member BASS. I would like to Child Survival Fund—a $50 million pro- impacts so many lives. thank JEFF FORTENBERRY, who has gram that included vaccinating kids to By statutorily authorizing this pro- played a key role, as well as ERIK protect against preventable diseases gram, which has its roots in the Bush PAULSEN and, again, other Members like polio, pertussis, and diphtheria, as administration and was formalized by who have joined across the aisle to well as oral rehydration for kids at President Obama and, thus, is an exam- work on this legislation and to work on risk of death from repeated bouts of di- ple of bipartisan success on both the the language. arrheal disease. What we discovered executive and legislative levels, we are I also want to thank the staff that then was that, for mere pennies on the also increasing oversight by requiring worked tirelessly on this. In particular, dollar, we could intervene before prob- the administration to report to Con- Jenn Holcomb, Kelly Stone from Con- lems arose, not only saving lives but gress. gresswoman MCCOLLUM’s office; Joan also saving money in the long term. H.R. 5656 demonstrates, again, strong Condon, Katy Crosby, and Janice This Global Food Security Act has the bipartisan support that does exist for Kaguyutan from the full committee; potential to be equally transformative assistance, and it is a strategy that and from my own staff, Pierro Tozzi. in the lives of so many. truly gives people the tools to let Thank you so much for your work in Malnutrition, in addition to death, themselves out of poverty and to live helping to make this bill a reality and leads to the stunted growth of children. healthier and better lives. bringing it to the floor. Stunted children become adults who I implore you, my colleagues, to vote suffer from diabetes, hypertension, and in favor of it, and, hopefully, this legis- b 1845 cardiovascular disease—conditions that lation can become law by the end of Mr. Speaker, this is important legis- not only result in poor health but that this session. lation which will help provide a long- also impede earning capacity and re- Mr. Speaker, I reserve the balance of term solution to global hunger by au- sult in lower incomes. Of particular my time. thorizing and strengthening the exist- concern, women affected by stunting Mr. VARGAS. Mr. Speaker, I yield ing national food security program co- give birth to children who are also myself such time as I may consume. ordinated by USAID, commonly known likely to be afflicted by this prevent- I rise in strong support of H.R. 5656, as Feed the Future. This program able condition, perpetuating the cycle the Global Food Security Act of 2014. strengthens nutrition, especially for of malnutrition and of poverty. I would like to begin by thanking children during the critical first 1,000- Adequate nutrition for pregnant Congressman CHRIS SMITH and Con- day window—from conception to the women, lactating moms, and all women gresswoman BETTY MCCOLLUM for au- child’s second birthday. It also teaches and adolescent girls of childbearing age thoring this important legislation, small-scale farmers—in particular, needs to be prioritized in food policies which authorizes USAID’s Feed the Fu- women—the requisite techniques and for the sake of children, women, and, ture Initiative. I would also like to best practices to increase agricultural by extension, nations. By ensuring thank Chairman ROYCE for working yield, thereby helping nations achieve comprehensive prenatal, maternal, and with us in a bipartisan manner to take

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.055 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9026 CONGRESSIONAL RECORD — HOUSE December 10, 2014 this bill up in committee and bring it Shah, the Agency Director for the Ms. MCCOLLUM. Thank you, Mr. to the floor. United States Agency for International VARGAS. Around the world, 800 million people Development, has been steadfast in his Mr. Speaker, the Global Food Secu- suffer from chronic hunger. Malnutri- leadership on this as well and deserves rity Act is an important bill, and I tion causes the deaths of 3.1 million a tremendous amount of credit. want to thank my colleagues—Chair- children under the age of 5 every year. Mr. Speaker, I am pleased to support man ROYCE, Ranking Member ENGEL, This is a global crisis. President Obama this important bipartisan initiative to Representative BASS, and Representa- has made global food security a top pri- save the lives of hurting people around tive FORTENBERRY for his kind re- ority, and USAID Administrator Raj the world. The United States has a dec- marks—for their hard work to get this Shah has done tremendous work in car- ades-long history on food security, and bipartisan legislation to the floor rying out that policy. this act—the Global Food Security today. My very biggest ‘‘thank you’’ The Feed the Future Initiative fo- Act, also known as Feed the Future— goes to my great partner in this, Rep- cuses on reducing global poverty and really does three things: it saves lives; resentative CHRIS SMITH. hunger in developing countries through it creates sustainable development Thank you, Mr. SMITH. agricultural development. This pro- throughout the world; and it strength- Mr. Speaker, in the world’s poorest gram is only a few years old, but it has ens our own national security by stop- countries, more than 800 million people already made a real difference in fight- ping the underlying problems that lead are chronically hungry and malnour- ing hunger, poverty, and malnutrition. to international instability. ished. They are struggling and are in In 2013, Feed the Future helped near- Americans are the most generous desperate poverty, forced to watch as ly 7 million farmers and food producers people in the world. This bill continues their children suffer and too often die use new technologies. This initiative our tradition of generosity in a smart, from malnutrition. Children who do has secured more than $10 billion in whole-of-government approach that survive will remain hungry, and they private sector commitments to African combines the goodwill of the private are so chronically malnourished they agriculture, the majority of which has sector as well as charities for a 21st are physically and mentally stunted. been made by African businesses. It has century approach to development aid. This malnutrition—this lack of food— helped bring 3.5 million hectares of Feed the Future is one of the most hurts not only the individual but the land under improved cultivation and cost-effective and results-oriented development of an entire country. management practices. Last year, the international development initiatives With this in mind, former Republican initiative reached more than 12.5 mil- that we have championed to date. It is Senator Dick Lugar and I introduced lion children with nutritional assist- the right thing to do. bipartisan-bicameral legislation to call ance. Many of some estimated 800 million for a comprehensive U.S. food global The success of this initiative stems, people throughout the world who suffer security strategy in 2009. in part, from the collaboration and from chronic hunger rely on agri- b 1900 partnership of more than 10 U.S. Gov- culture to make a living. Back in 2007 But while that bill did not become ernment agencies, the private sector, and 2008, we launched this response to law, we did build a strong base of bipar- NGOs, and American universities. By the global food crisis by helping to tisan support around food security, and working together, they have helped to bring self-sufficiency to struggling ag- in 2010, President Obama took up the advance real solutions to global hun- ricultural communities worldwide. By call to invest in agricultural develop- ger, poverty, and malnutrition. working together with partner coun- ment and launched Feed the Future. Most importantly, Feed the Future tries that are invested in taking re- With the support of Congress, Feed has generated strong buy-in from part- sponsibility for their own success, what the Future is working to accelerate ag- ner governments in 19 countries across started out as a modest program has riculturally-led economic growth and Latin America and the Caribbean, developed into a serious global com- reduce poverty. It is working with Asia, and Africa. Each host country is mitment to end hunger and improve smallholder farmers in 19 countries to required to put forward a country in- nutrition standards, especially for vul- help them grow their way out of pov- vestment plan and contribute a portion nerable women and their children. erty, improve nutrition for women and of its own GDP to agricultural develop- In 2013 alone, market-based agricul- children, and create income-generating ment. This model ensures that Feed tural productivity initiatives funded by opportunities. the Future programs are sustainable Congress reached more than 12.5 mil- I have seen the difference our invest- and can eventually be transferred fully lion children with good nutrition and ments in agriculture and nutrition are to the host country. has helped some 7 million farmers le- having in these developing nations. I Despite the gains we have made, verage new agricultural technologies have met the women farmers who are there is still a lot of work that has to on nearly 10 million acres of land. Im- feeding their families, sending their be done. We need continued American portantly as well, Feed the Future has children to school, and investing in leadership in global food security. We leveraged more than $10 billion in pri- their communities because of Feed the need proven programs like Feed the vate sector investment—the majority Future. And we need to continue to Future to continue its highly effective from African businesses. build on these successes. work in alleviating global hunger and Mr. Speaker, I urge my colleagues to The Global Food Security Act will poverty. support this very thoughtful measure, continue to enhance global food secu- Mr. Speaker, I urge my colleagues to which has earned broad-based support rity by assisting small-scale farmers, support this important measure, and I from the U.S. agricultural sector, uni- increasing yields, putting more food on reserve the balance of my time. versities nationwide, faith-based non- families’ tables, and then selling more Mr. SMITH of New Jersey. Mr. governmental organizations, as well as food in the market. Speaker, I yield 4 minutes to the dis- private enterprise. We will never regret Our bill is about partnering with tinguished gentleman from Nebraska the good we can do in helping feed the hardworking farmers who are mostly (Mr. FORTENBERRY), a member of the hungry, and the return on this invest- women to make them more successful. Appropriations Committee and also ment will surely compound to the ben- It helps to provide them access to the one of the sponsors of the legislation efit of future generations in, perhaps, knowledge, the tools, the markets, and before us. ways we can never measure. the business opportunities because Mr. FORTENBERRY. Mr. Speaker, To everyone who has been involved when a woman farmer succeeds, her first of all, let me thank my friend and here and to my colleagues on the other children and family are healthier, and colleague, Chairman CHRIS SMITH, for side of the aisle, I want to thank you they are more likely to succeed. his steadfast leadership on this issue, all for working in such a bipartisan H.R. 5656 is leveraging a unique part- this important bill, as well as on so spirit to get this important bill done. nership with NGOs, private sector busi- many other concerns that affect vul- Mr. VARGAS. Mr. Speaker, I yield 5 nesses, educational institutions, and nerable persons around the world. minutes to the gentlewoman from Min- faith-based groups. Again, Congressman SMITH, you nesota, Representative BETTY MCCOL- Three Minnesota-based businesses— rightly pointed out that Dr. Rajiv LUM, the coauthor of this bill. Land O’ Lakes, General Mills, and

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.101 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9027 Cargill—are already partnering with private sector, the civil sector, and the our most important and effective glob- Feed the Future. In fact, General Mills research community. This targeted ap- al food security programs, Feed the Fu- CEO Ken Powell said: ‘‘We are hungry proach from all of these sides of the ture, and its related nutrition and agri- to help the farmer in Malawi who, by equation and the reliance on advanced cultural development programs. These selling her crop, will generate the data and research has allowed them programs have a proven track record of money needed to support her family now to achieve these cost-effective re- success. I want to thank all of the and pay for her children to go to sults. Those results are very impressive NGOs and private sector partners that school.’’ so far: 4.5 million farmers reached, over have brought these programs to life on So the bottom line is, we cannot sit $98 million in private sector invest- the ground. by and do nothing as 800 million hun- ment, $93 million in new local income, I have been engaged on global hun- gry people suffer and far too many die and 12.5 million children under the age ger, child nutrition, and food security from malnutrition. As mothers and fa- of 5 receiving very important nutrition issues for the past 18 years. I have thers are forced to watch their children programs. never been more hopeful that the U.S. go hungry, we can do something. We need to continue to build upon is finally pursuing a strategy that Human dignity, decency, and our own the successes of the Feed the Future works and can make a difference. national security demands that we sup- Initiative in our efforts to end global Increasing the ability of nations to port and sustain this important invest- poverty. There is no doubt that pro- feed their own people, care for the nu- ment in agricultural development and grams like this are driving a new path- tritional needs of their children, in- nutrition. way in foreign aid and bringing along crease incomes for their farmers, and I urge all of my colleagues to support life-changing results. help them remain on their land is not the Global Food Security Act. I want to recognize the bipartisan just a worthy goal, it is an attainable Once again, I would like to thank work that is going on in Congress, one. And H.R. 5656 will ensure that the CHRIS SMITH, Chairman ROYCE, Rank- along with the leadership also of Dr. U.S. stays on that course. I urge all my ing Member ENGEL, Representative Raj Shah at USAID, so that we can colleagues to support this bill. BASS, and all of our staff—Piero, Kelly, continue to help so many. Finally, Mr. Speaker, I would say to Joan, Janice, and Jenn—for all of their I ask all of my colleagues to support my colleagues that global hunger, I be- work on this bill. this very bipartisan legislation and the lieve, is essentially a political condi- Mr. SMITH of New Jersey. Mr. Feed the Future Initiative. tion. We have the leadership capa- Speaker, I yield 3 minutes to the gen- Mr. VARGAS. Mr. Speaker, I yield 4 bility, we have the resources, we have tleman from Minnesota (Mr. PAULSEN), minutes to the gentleman from Massa- the ability to end global hunger. What a member of the Committee on Ways chusetts, Representative JIM MCGOV- we need is the political will. I urge my colleagues, as they support and Means who is also one of the spon- ERN, the cochair of the Anti-Hunger this legislation, to reflect upon the sors of this bill. Caucus, who is a real champion for food success story of Feed the Future, and Mr. PAULSEN. Mr. Speaker, I want security not only here domestically let’s amplify it even more. This pro- to thank Congressman SMITH for his but also internationally. gram works. It deserves our support. hard work and bipartisan leadership, Mr. MCGOVERN. Mr. Speaker, I Mr. SMITH of New Jersey. Mr. and for bringing a very, very important thank the gentleman from California Speaker, I will continue to reserve the issue to the floor, and also for his long- for yielding me the time and for his balance of my time. time advocacy for lifting people up out leadership on these important issues. Mr. VARGAS. Mr. Speaker, in clos- of poverty. I also want to thank my colleagues, ing, the Feed the Future Initiative has Mr. Speaker, we have heard Members the gentleman from New Jersey, CHRIS been successful in alleviating food inse- speak on the floor here today very SMITH, and the gentlewoman from Min- curity over the last 4 years. This im- bipartisanly in support of H.R. 5656, the nesota, BETTY MCCOLLUM, for their portant bill authorizes this proven ap- Feed the Future Global Food Security leadership in bringing this important proach to food security. It is a moral, Act. The Feed the Future Initiative bill before the House. economic, and security imperative that embodies the very best of the United Mr. Speaker, I am very proud to rise we continue the fight against hunger States’ foreign aid. It is a new ap- in support of H.R. 5656, the Feed the and malnutrition. proach. It doesn’t just provide hand- Future Global Food Security Act of I think we all need to be thankful for outs but, instead, provides a hand-up to 2014. I remember in 2008 when our the heart that has gone in here from some of the very poorest parts of the former colleague from Missouri, Con- our colleagues. Certainly we want to world. gresswoman Jo Ann Emerson, and I sat thank the gentleman from New Jersey, Feed the Future is working to bring down with researchers from the GAO to CHRIS SMITH, and the gentlewoman sustainable agricultural practices to talk about how our global food security from Minnesota, BETTY MCCOLLUM. targeted communities around the programs could be improved and made Their hearts have been in this and world to help lift people out of extreme more effective. Their advice was sim- fighting for this. They brought us all poverty. In fact, in 2013, farmers work- ple: Create a comprehensive govern- together. We appreciate that. ing with the program applied these im- ment-wide strategy. And with that, I urge my colleagues proved techniques to over 4 million I want my House colleagues to know to join me in supporting this legisla- hectares of land. that it was State Department and tion. The program’s work goes far beyond USAID officials under President I yield back the balance of my time. just increasing yields for farmers George W. Bush who were the first to Mr. SMITH of New Jersey. Mr. though, Mr. Speaker. It is introducing brainstorm about how to undertake Speaker, I yield myself the balance of an entrepreneurial spirit into these such a comprehensive approach to my time. communities, a business model, an em- global food security. And then in 2009, First of all, I want to thank the gen- powerment model. It is increasing fam- we were lucky enough to have Raj tleman from California (Mr. VARGAS) ily incomes. It is expanding economic Shah, with his deep experience in agri- for his leadership. This truly is a bipar- growth. And it is opening up new trade cultural development, evaluation, and tisan bill. I want to again say how opportunities. analysis, take the helm at USAID. And grateful I am to the gentlewoman from This work is also empowering com- most of all, we had Hillary Clinton as Minnesota, BETTY MCCOLLUM, to be munities to take control of their future Secretary of State, who understood the working with her and her staff. Our by building sustainable local econo- importance of tackling agriculture and staffs are all trying to make sure we mies. As they become more reliant on nutrition in a comprehensive fashion in have a bill that will make a huge dif- themselves, they become less reliant order to increase food security, ference not only in putting our arms on government assistance. This should strengthen small farmers, empower around the existing program but in always be the goal of our U.S. foreign women, and develop local and regional strengthening it and taking it to the aid programs. agricultural markets. next level. This program is also leveraging sup- Mr. Speaker, this bipartisan bill I do want to point out that this is port, as has been mentioned, from the helps codify and institutionalize one of about a whole of government strategy:

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.102 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9028 CONGRESSIONAL RECORD — HOUSE December 10, 2014 all in on the part of the U.S. Govern- history of southwest Washington in a which is the culmination of a nearly ment so that everyone is working on way that was more complete and expo- century-long struggle to guarantee all six cylinders to make sure that sus- nentially more colorful than any his- that every American has access to tainable development occurs through- tory book. Her great grandparents quality and affordable health care. out the world in target countries and, moved to the Lewis River Valley before Representative WAXMAN was one of as those targets increase, that it is to- Washington had even claimed state- the most prolific lawmakers in Amer- tally inclusive of women. hood, and more than 140 years later, ican history. He has a long record of When we worked on issues like Margaret’s family still calls our region not only legislative, but oversight microtargeting, we found—particularly home. achievements. He was elected, as I said, in most parts of Africa—that women There are people who live in a com- in 1974 and reelected 17 times. He have really stepped up to the plate and munity, and then there are people who chaired the Energy and Commerce Sub- have done yeoman’s work. They are define what ‘‘community’’ means. Mar- committees on Health and the Environ- fully included in this effort. garet was the latter. She made it one ment, the Energy and Commerce Com- Again, I want to thank all of my col- of her life ambitions to share the his- mittee from 2009 to 2011, and the House leagues. I want to thank the leader- tory of the community she loved and to Oversight and Government Reform ship, the gentleman from California, preserve the memories of those who Committee from 2007 to 2009. KEVIN MCCARTHY, and Speaker BOEH- came before her. Through the Colf fam- He left his mark all over this body, NER, for making sure that this legisla- ily’s generous philanthropy, Margaret but the five areas that he will be re- tion got to the floor. Our hope is that saved historical landmarks, supported membered most about is health care, the Senate may take it up. If not, we museums, and founded the La Center consumer protection, environmental will be right back here next year. But Library. protection, telecommunications policy, I do hope that they will take it up be- Margaret’s wit, her grit, and her and just many good government laws. cause delay is denial. This is an impor- compassion made her one of the most Some of the most important bills tant piece of legislation that will save celebrated women in our entire region. that he either wrote or coauthored in- lives. Twice-widowed and a mother of five, clude: the 1990 Clean Air Act amend- I yield back the balance of my time. Margaret did not let tragedy or the re- ments—we can recall when we couldn’t The SPEAKER pro tempore (Mr. sponsibilities of motherhood deter her breathe in Los Angeles, and that is no STEWART). The question is on the mo- from giving back to the community longer the case because of Henry’s tion offered by the gentleman from that she cared about so deeply. By the leadership and work preventing smog, New Jersey (Mr. SMITH) that the House time she had reached the ninth decade air pollution, acid rain, and the deple- suspend the rules and pass the bill, of her life, Margaret Colf Hepola had tion of the ozone layer; the Medicaid H.R. 5656, as amended. become a household name in southwest and CHIP expansion gave coverage and The question was taken; and (two- Washington. access to health care for children and thirds being in the affirmative) the I will conclude today by honoring her working families; and his nursing home rules were suspended and the bill, as legacy, one of a passionate historical reforms helped protect the most vul- amended, was passed. preservationist who herself has earned nerable people in America. The title of the bill was amended so a place in southwest Washington’s his- The Hatch-Waxman generic drug act as to read: ‘‘A bill to authorize a com- tory books. gave rise to the generic drug industry, prehensive strategic approach for and the Orphan Drug Act gave hope to f United States foreign assistance to de- families across the country whose fam- veloping countries to reduce global b 1915 ily members had diseases not lucrative poverty and hunger, achieve food secu- HONORING CONGRESSMAN HENRY prior to the act. From the Ryan White rity and improved nutrition, promote WAXMAN AND CONGRESSMAN CARE Act to the Nutrition Labeling sustainable agricultural-led economic GEORGE MILLER ON THEIR RE- and Education Act to the cigarette and growth, improve nutritional outcomes, TIREMENT smokeless tobacco health warning especially for women and children, laws, Henry has been recognized as a The SPEAKER pro tempore. Under build resilience among vulnerable pop- leader here. ulations, and for other purposes.’’. the Speaker’s announced policy of Jan- His oversight efforts were simply A motion to reconsider was laid on uary 3, 2013, the gentlewoman from marvelous. Looking at waste, fraud, the table. California (Ms. LOFGREN) is recognized and abuse, he identified over $1 trillion f for 60 minutes as the designee of the in wasteful and mismanaged Federal minority leader. FURTHER MESSAGE FROM THE contracts, including billions of dollars SENATE GENERAL LEAVE in wasteful spending in Iraq and in re- Ms. LOFGREN. Mr. Speaker, I ask A further message from the Senate sponse to Hurricane Katrina. His over- unanimous consent that all Members sight of the tobacco industry and the by Ms. Curtis, one of its clerks, an- have 5 legislative days in which to re- nounced that the Senate has passed a Wall Street collapse are known vise and extend their remarks and in- throughout the country. He has over bill of the following title in which the clude extraneous material on the sub- concurrence of the House is requested: his 40 years here provided tremendous ject of this Special Order on honoring service to our country. S. 2614. An act to amend certain provisions our retiring Members, Congressman of the FAA Modernization and Reform Act of Our colleague, Representative 2012. HENRY WAXMAN and Congressman GEORGE MILLER, has similarly left his GEORGE MILLER. mark not only on this body, but on this f The SPEAKER pro tempore. Is there country and indeed on this world. Our IN MEMORY OF MARGARET COLF objection to the request of the gentle- friend, George, is an aggressive and HEPOLA woman from California? unapologetic investigator on behalf of (Ms. HERRERA BEUTLER asked and There was no objection. taxpayers into the health and safety of was given permission to address the Ms. LOFGREN. Mr. Speaker, I am children and workers. House for 1 minute.) the chair of the California Democratic He took on asbestos executives, for- Ms. HERRERA BEUTLER. Mr. delegation, and we are losing from our profit colleges, subsidized agribusiness, Speaker, I rise today in great admira- membership two spectacular Members mining corporations, oil companies, tion and a little bit of humility be- who have served with tremendous dis- and administration officials of both cause I get to honor the life of a tre- tinction for 40 years each. parties. Why? To stand up for the little mendous woman, a friend from south- Representative MILLER and Rep- guy who didn’t have a voice. west Washington who has made a last- resentative WAXMAN were the final two He chaired three committees during ing impact on our region. She passed remaining Members of the House elect- the past 40 years, the Select Com- away this week at the age of 97. ed as part of the historic Watergate mittee on Children, Youth, and Fami- A lifelong resident of Clark County, class of 1974. Both were instrumental in lies from 1983 to 1992; the Committee Margaret Colf Hepola could recount the passing the Affordable Care Act of 2010, on Natural Resources from 1992 to 1994;

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.103 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9029 and the Committee on Education and to draft the No Child Left Behind Act, ZOE LOFGREN, again, for this oppor- Labor from 2007 to 2010. He is a long- and he was a great supporter of school tunity. time cochair to the Democratic Steer- modernization and community col- As they depart for new endeavors at ing Policy Committee. He is among the leges—finally, about George, passion, the end of this session, which is in 50th, as is Henry, consecutive longest- humor, respected by all, and a zest for about 48 hours, each of them leaves a serving Members of Congress in history political combat. legacy of leadership that is felt in the On the other hand, let’s see what peo- out of more than 10,000 Members. lives of everyday Americans, and that ple say about my good friend HENRY His list of accomplishments is too is so important. long to read, but they certainly include WAXMAN. Like myself, Henry’s grand- fair pay for women; investigating parents were Jewish immigrants. We In doing so, they are both pioneers. sweatshops not only here, but around both served in the legislature. The For four decades, HENRY WAXMAN’s the world; fighting for pension reform; Washington Post said that HENRY WAX- name has been synonymous with re- standing up for occupational safety and MAN is to Congress what Ted Williams sponsible action, extraordinary legisla- occupational disease compensation; was to baseball: a natural. tive skills, passionate public service, international labor standards; the min- Ralph Nader once said that HENRY and bold leadership on behalf of the imum wage; antidiscrimination laws; WAXMAN is the only argument against people of Los Angeles, whom he rep- and the defense of the right to organize term limits. Senator ALAN SIMPSON resents, and the American people. Time and collectively bargain. once said that HENRY WAXMAN is and again, Henry has been the first to The notable legislation written or co- tougher than a boiled owl, and The Los appreciate the seriousness of the chal- written by GEORGE MILLER include: the Angeles Times describes Representa- lenges before us and the first to bring Fair Minimum Wage Act of 2007; the tive HENRY WAXMAN’s tenacity as leg- forward solutions to resolve them. student loan reforms of 2007 and 2010; endary. Time does not allow, and other Mem- the No Child Left Behind Act of 2002; We all know his work on the environ- bers will mention so many accomplish- the California Desert Protection Act of ment, I am just going to point that ments, but I just want to focus on from out, is legendary not only in terms of 1994; the Education for All Handicapped the start, this is where I saw up close the Clean Air Act amendments, but he Children Act of 1975, now known as the and early, from the start in the early is also known for the Safe Drinking Individuals With Disability Act; and dark days of the HIV/AIDS epidemic, Water Act amendments; laws reducing the Pay-As-You-Go Act, PAYGO, HENRY WAXMAN fought to invest in childhood lead exposure; the Formalde- passed in 1982 to reduce the deficit and AIDS research, support treatment, and hyde Standards for Composite Wood instill greater discipline in the budget care prevention and pass the landmark Products Act; reduction of greenhouse process and to ensure that military and Ryan White CARE Act. gases; and taking on, as we all know, nonmilitary spending were treated the tobacco industry. Long before the rest of our Nation under the same rules. In keeping with his role as the de- awakened to the gathering storm of He played a key role in shaping the fender of the environment, Mr. WAX- climate change, early on, Congressman American Recovery and Reinvestment MAN has served as the chair of the WAXMAN worked to create bold new Act, the response to the worst Amer- House Safe Climate Caucus. It was a protections for the air we breathe, the ican recession since the Great Depres- distinct honor for this new Member to water we drink, and the Earth we call sion. serve with him, HENRY WAXMAN, and a home. California is proud of our two col- greater honor to be selected as the next leagues, and many Californians and in- From the first days of his long ca- chairperson of the Safe Climate Cau- deed some honorary Californians are reer, he recognized the urgency of de- cus. livering quality, affordable health care here tonight who would like to say a Mr. Speaker, I only hope that I and to all, and together with some of our few words to honor these two out- every Member of this body can live up other colleagues, with his leadership as standing men. to the amazing legacies of public serv- First, I yield to the gentleman from chair of the Energy and Commerce ice that GEORGE MILLER and HENRY California, Mr. ALAN LOWENTHAL, who Committee, we honored that commit- WAXMAN have left this Congress. represents a district in southern Cali- Ms. LOFGREN. Mr. Speaker, I am ment with the Affordable Care Act. fornia for his tribute. honored now to yield to the gentle- Also working on the Affordable Care Mr. LOWENTHAL. I thank the gen- woman from California, NANCY PELOSI, Act from his committee, the Education tlewoman from San Jose for yielding to the Democratic leader. and Labor Committee, Chairman me. Ms. PELOSI. Mr. Speaker, I thank GEORGE MILLER has left an indelible Mr. Speaker, I am really humbled to the leader of our California Democratic mark on the laws and the Members of have a chance just to say a few words delegation. ZOE LOFGREN, thank you this august body. George has been the about GEORGE MILLER and HENRY WAX- for bringing us together this evening model of a serious and substantive leg- MAN. As a new Member, I have had the for a very bittersweet circumstance, islator, a champion of working people wonderful experience of spending my that is to say how proud we are to who has had his hand in some of the first 2 years as both Mr. WAXMAN and honor the leadership of two great gi- most innovative and important legisla- Mr. MILLER kind of conclude a great ants of the Congress, HENRY WAXMAN tion of our time. career. and GEORGE MILLER. How sad we are A little bit first about GEORGE MIL- Members over and over—some al- that they are leaving us. ready have and others will—talk about LER: as we pointed out, he is a progres- I come to the floor, Mr. Speaker, his legislative accomplishments. I just sive, he has fought for the environ- today, to join in celebrating two of the will name some. I mentioned the Af- ment, he has protected it, he has been most accomplished Members of this fordable Care Act; Lilly Ledbetter, the a leader in the Natural Resources Com- great body, and when I say ‘‘most ac- first bill signed by President Obama to mittee, and he has fought to protect complished,’’ I am not just speaking in end discrimination in the workplace; public lands such as in the 1994 Cali- the context of the present Congress. fornia Desert Protection Act and cre- I am talking about two of the most the repeal of Don’t Ask, Don’t Tell, the ated Death Valley National Park and accomplished Members of this great last bill that passed by a House Demo- Joshua Tree. He was the chief sponsor body of all time, a pair of Californians cratic majority; ending discrimination of the Central Valley Project Improve- with 80 years between them, 80 years of for women in the workplace, for men ment Act of 1992, also to protect the service in the House, retiring with un- and women in the military. fish and wildlife. paralleled record, certainly an unsur- One thing I want to mention, this I came also to the legislature, to the passed record of legislative achieve- PAYGO—because again this is some- Congress, after chairing education in ments to their names, Congressman thing I saw firsthand. GEORGE MILLER California, and GEORGE MILLER was a HENRY WAXMAN and Congressman put together the initiative for pay as champion and a leader here, and we all GEORGE MILLER. you go, so that we were not increasing looked up to him. As was pointed out I am proud to do that as a Califor- the deficit as we made investments for already, he did great work on helping nian and to thank our chairwoman, our future.

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.106 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9030 CONGRESSIONAL RECORD — HOUSE December 10, 2014 It was 1982; we were at a midterm this House, we can be certain that they While there is no question that both convention of the Democrats in Phila- will use their extraordinary knowledge HENRY and GEORGE have earned their delphia. GEORGE MILLER had the reso- and talent in new venues and in new retirement, the House is losing two of lution to pass PAYGO. It was very fis- ways to serve America’s children and its fiercest liberal voices. I am hum- cally sound and responsible. It passed. families. bled to have served one term alongside The resolution passed. It was so revolu- As we acknowledge them and express these gentlemen, but selfishly wish tionary that they never had a midterm our appreciation to them, we also have that I could work with them for many convention again because it was really to acknowledge their spouses. Janet more years. there not to make speeches but to Waxman and Cynthia Miller have con- In departing, they are leaving big make change. tributed 80 years of being spouses to shoes for the rest of us to fill, but I can In any event, they made that change, Members of Congress. That is really al- safely speak for all of us when I say to and it didn’t become effective really most like 80 years each. That is twice HENRY and to GEORGE: It has been an until several more years later when as long as serving, to be a congres- honor. President Clinton became President of sional spouse with all the sacrifice that Ms. LOFGREN. Mr. Speaker, I yield the United States, and then we want on that involves. to Congresswoman JACKIE SPEIER, my a pay-as-you-go basis, so whatever we Tonight we say a heartfelt ‘‘thank neighbor in the San Francisco Bay were doing, we were not increasing the you’’ not only to GEORGE and HENRY area. deficit. and voice our gratitude to them, but to Ms. SPEIER. I thank the California the Waxman and Miller families for Democratic leader and want to say b 1930 sharing these great men with our great very simply that Members come and go So he has been a deficit hawk, a very Nation. on the Hill, but some you can’t imag- progressive, liberal deficit hawk in the Ms. LOFGREN. Mr. Speaker, I yield ine leaving. Tonight I rise to honor two lead on that subject. to our colleague from California, Mr. public servants whose departure will So when he was doing the earned in- MARK TAKANO. leave an extraordinary void for years come tax cut; Healthy, Hunger-Free Mr. TAKANO. Mr. Speaker, I thank to come. Like the giant redwoods of Kids; ENDA—really, we haven’t passed the gentlelady, the dean of our delega- California, these men are giants of the it yet, but GEORGE has advanced it in tion in California. I come to the floor Congress. the House any number of times—early with tremendous pride and a heavy Representatives HENRY WAXMAN and childhood education to lifetime learn- heart as we say good-bye to two of the GEORGE MILLER have honorably served ing, I keep coming back to the chil- greatest liberal legislators California the State of California and this Cham- dren. has ever known—HENRY WAXMAN and ber for a combined 80 years—we have I have said that when people ask me GEORGE MILLER. heard that earlier—exactly 40 each. what are the three most important I had the honor of receiving HENRY Both arrived in the shadow of Water- issues facing the Congress, I always say WAXMAN’s endorsement for my very gate, ushering in a new era of strong the same thing: our children, our chil- first congressional bid in 1992, but I had congressional oversight. They led some dren, and our children. Their health, been an admirer of his long before that. of the most significant legislative their education, the economic security I believe HENRY’s career will be judged achievements in our history and set of their families, the air they breathe, favorably by history. the gold standard for active oversight environment in which they live, a Going back to his cofounding of the for all who follow. world at peace in which they can reach Los Angeles County Young Democrats Representative WAXMAN, the mus- their fulfillment. No one in the Con- with Congressman Howard Berman tache of justice, never backed down. gress has done more for our children, back in 1973, his passion for social jus- His book chronicling his congressional our children, our children than GEORGE tice has long been storied. I have to investigations, ‘‘The Waxman Report,’’ MILLER, GEORGE MILLER, GEORGE MIL- say, as a Member from the Inland Em- is the bible for conducting effective LER. pire where we suffer from some of the oversight and holding industry and So his focus on the children, but hav- worst air quality in the Nation, I am government officials accountable. ing them live in a world at peace has grateful for HENRY’s commitment to His work combating the tobacco in- taken him outside of our country. So clean air. dustry is one of the greatest public forceful was he in his advocacy for chil- He has been a stalwart of progressive health achievements of the last cen- dren in other countries, for fairness values, conducting powerful investiga- tury. But it is only one of many accom- and opportunity and social justice, tions on water pollution, AIDS, and to- plishments, including the Clean Air that he became a subject of the Salva- bacco, to name a few. Who else could Act, the Safe Drinking Water Act, the doran death squads. They tried to have cajoled executives of tobacco Affordable Care Act, and holding the search him down in the United States companies to claim that nicotine was Bush administration accountable because he was such a fierce champion not addictive under oath? Only HENRY. throughout the Iraq war. for fairness in their country as well. Let me turn to the other liberal His truth serum inquiries caused So here we are—two great, very com- titan, GEORGE MILLER. GEORGE’s work plenty of CEOs to squirm and brought mitted people. If you ask them what on education and labor issues are un- American consumers cleaner air, the secret of their success would be and paralleled, from leading the effort that water, and quality of life. His stature how they achieved so much, they will raised the minimum wage in 2007 to his in this Congress is iconic, and his over- be modest—well, sometimes. But what commitment to protecting Pell grants sight techniques are legendary. He will they will both tell you separately and and expanding college accessibility for always be remembered as the grand in- the guidance they give the rest of us, all students. quisitor. just stick with it. Just keep on work- His support of my bid to the Edu- Representative MILLER was mentored ing. Just make sure that the other cation and the Workforce Committee by Phillip Burton, who famously said: side, whoever that might be, knows made one of this teacher’s lifelong as- People sent me to Congress to kick A you are not going to go away because pirations a reality. To honor GEORGE, I and take names. Well, GEORGE MILLER you have a goal that is responsible, you plan on renaming the committee Edu- took that to heart, making his pres- have an urgency for the people, and cation and Labor when we retake the ence felt on the House floor through you will make sure that you make the majority. passionate speeches and actions to difference. GEORGE’s passion and presence on the match. He didn’t mince words or vol- In many ways we all live in a nation House floor and in committee was pow- ume. shaped, defined, and strengthened by erful and will be missed. GEORGE looks like a warm teddy GEORGE MILLER and HENRY WAXMAN. The commitment that both these bear, but much like a teddy bear, he is Their keen vision, abiding determina- men had to the right issues, not always ferocious in protecting his children, all tion, courageous leadership have put the easy or popular issues, makes them the children in this country. He worked them in the ranks of the greatest legis- true public servants and examples for to protect educational opportunity for lators in our history. When they leave the rest of us to follow. low-income students and children with

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.107 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9031 disabilities from preschool to gradua- cans, are affected back home in their Ms. LOFGREN. At this point, I yield tion. Even in his final days of service, districts—all Americans. When you to the gentlewoman from California, he has worked to expand access to look at any major piece of domestic Congresswoman DORIS MATSUI, our col- early childhood education through a policy over the past 40 years that they league. new White House initiative. have served here, their imprint is felt. Ms. MATSUI. Mr. Speaker, I thank He has also been an unwavering For example, HENRY WAXMAN was so the gentlewoman from California for champion for working families and our intimately involved in our Nation’s yielding this time to me. environment. He fought pay discrimi- best efforts to strengthen Medicare and Today, Mr. Speaker, we are here to nation with the Lilly Ledbetter Fair Medicaid coverage, to improve access thank and honor two of California’s Pay Act, has worked to keep college to generic drugs so that all Americans greatest congressional legislators and accessible for all, and conserved the can afford their medicine, to protect our dear friends, HENRY WAXMAN and California landscape through his tire- our air and water. These topics have GEORGE MILLER. less efforts to preserve San Francisco been covered, have been mentioned, but This is an especially, as the Leader Bay. they are major pieces of legislation. has said, bittersweet and poignant time As chairman of the House Natural And he has led us in moving toward a because they are our dear friends. We Resources Committee, Mr. MILLER clean tech energy economy. are so proud of them, and we are going helped pass the Central Valley Project HENRY WAXMAN literally wrote the to miss them dearly. Improvement Act of 1992, which in- laws that have improved the lives of so The reason why HENRY and GEORGE creased water allocations for San Fran- many, including the Ryan White CARE are so significant here in this body are cisco Bay and the Sacramento-San Act for HIV treatment and prevention, that they are the architects of the most significant legislation of the last Joaquin River Delta, and he spent the the landmark Clean Air Act amend- 40 years. You think about anything we last 20 years defending those precious ments of 1990, the 2009 Family Smoking have done in this House, whether it is gains which benefit the bay area’s wild- Prevention and Tobacco Control Act. health care, environment, energy, con- life, endangered species, and commer- HENRY, working with you on the En- sumer protection, communications, cially critical salmon runs. ergy and Commerce Committee has workforce protection, education oppor- When GEORGE MILLER arrived in D.C., been one of the greatest joys that I tunities, it goes on and on. The reason he was intent on extending affordable have experienced here in Congress. why they have been so successful and health care to all, and thanks to his Similarly, GEORGE MILLER has been why they are so dearly respected and leadership on the Education and the such a stalwart in protecting middle loved is that they are men of the Workforce Committee, nearly 11 mil- class families, the ones I worked with House, they are men of the people. lion people are newly ensured under in the school district that I used to They love this institution and they the Affordable Care Act. It is not often represent, similar to all the school dis- honor this institution, and so this in- that Members achieve such lofty goals tricts across this country. stitution honors them. They are peo- in Congress, but his masterful work You have promoted education and op- portunity for the least of these, for all ple, individuals, who understand this has led to a law for the history books. country and understand what makes it HENRY WAXMAN and GEORGE MILLER of these. He authored the last increase in the great, understand that it is the people have represented the great heights in Federal minimum wage. He passed the that they are going to be helping. this Chamber and what can be Lilly Ledbetter Fair Pay Act so that HENRY has been a dear friend of mine achieved. I hope that we can all learn we could address pay discrimination. for over 30 years and his absence will from their example and emulate their Imagine what that means to every be keenly felt in the Halls of Congress legacies. woman, every family in this country and in the Energy and Commerce Com- Ms. LOFGREN. Mr. Speaker, I yield mittee, on which I serve. In his four to the gentlewoman from Santa Bar- because of this legislation. He has led efforts to reform our Na- decades here, HENRY has been a stolid bara, Congresswoman LOIS CAPPS, our tion’s education system. As a school advocate for his constituents in Los friend and colleague. nurse, this hits home with me. Angeles and for this whole Nation and Mrs. CAPPS. Mr. Speaker, I thank He has made college more affordable, the world too. the dean of our California delegation to protect our environment and our On the Energy and Commerce Com- for yielding me time. coastal communities from increased oil mittee, I have worked closely with Mr. Speaker, it is with such great drilling. That is an issue that you em- HENRY to tackle a number of critical pride—also mixed with a heavy heart powered me to focus on when I came issues facing the country. The Afford- at our pending loss—we gather here here as a new Member of Congress. able Care Act will forever stand out in this evening to honor two of the giants It must be noted that thanks to each my mind as one of the committee’s of the House of Representatives, and of these Members, to the work that you greatest accomplishments, and HENRY they are friends, friends to me, friends did on the Affordable Care Act, so in- has been a true leader in that passage. to us all, GEORGE MILLER and HENRY credibly important each of you were to We worked together to combat cli- WAXMAN. this major landmark passage, families mate change, eliminate the harmful HENRY and GEORGE are two of Amer- now can have the peace of mind know- formaldehyde emissions, promote ica’s greatest public servants, each ing that they are not going to go bank- strong net neutrality rules, and expand serving their California constituents rupt just because they get sick. access to Internet services for more and serving the Nation for almost 40 And while we are going to deeply Americans. He has been a true leader. years. But it is not just their longevity miss you here in this place next year, We are also saying good-bye to my that makes them so notable. They have as we gather to vote tomorrow, you really good friend, GEORGE MILLER. been incredibly effective. look around this Chamber during that During my time in Congress, he has be- They have used each of their days vote, you can see each of the people come a trusted friend and colleague. He here in this institution to improve the you have mentored during your time led the fight on raising the minimum lives of all Americans. They have here, including me. wage and fighting for a vibrant edu- taught us who served with them by cation system. their example to do the same. They b 1945 But what I remember the most and have made their footprint, their im- So while you and your family are cherish the most about him is that he print on this place indelible for all ages going to enjoy a very well-deserved re- leaves such a great legacy on water law because they have focused on all Amer- tirement next year, the legacy that and policy in California, from his his- icans, and particularly the vulnerable. you are leaving in this Chamber will toric California water reform law that Each of them has been especially live on for a very long time. requires the balanced use of our State’s skilled and adept at combining their On behalf of this Chamber, this Con- scarce water resources to the many keen knowledge of how to get things gress, Californians, in my district and battles on the floor fending off ill-con- done here on the Hill with their ability throughout the State, and all Ameri- ceived attempts to drastically change to dive deep into policy and to see how cans, I thank you, each of you, both of the distribution of our precious water average Americans, everyday Ameri- you. resources.

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.109 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9032 CONGRESSIONAL RECORD — HOUSE December 10, 2014 With the departure of HENRY and Ms. LOFGREN. Mr. Speaker, I yield the House when NANCY PELOSI wanted GEORGE, Congress is losing champions to my colleague from over the moun- him to run, and he said: ‘‘Nancy, this is of the people whose knowledge and pas- tains, Congressman SAM FARR. your job, we are going to make history sion will not soon be replaced, but they Mr. FARR. Thank you very much for with you.’’ leave many of us behind who under- yielding and being chair of the Cali- These two gentlemen are some of the stand how important it is. We say fare- fornia Democratic delegation, the larg- greatest people that have ever served well to them, but we also wish them est single delegation in the United in the United States Congress, and I well, and certainly wish their families States Congress, with its champions of hope the record will remember all of well. note, GEORGE MILLER and HENRY WAX- their incredible accomplishments be- Ms. LOFGREN. Mr. Speaker, I yield MAN. cause we are a better country and a to the gentleman from Napa, Congress- This is a historical room and this is better world for their service. We are man MIKE THOMPSON. a historical moment, and that is why it going to greatly miss them. Ms. LOFGREN. Mr. Speaker, I yield Mr. THOMPSON of California. Mr. is being recorded and being covered by to the gentleman from East Bay, Con- Speaker, I thank our California delega- C–SPAN. This room is historic in that gressman ERIC SWALWELL, a new Mem- tion leader for yielding. the leaders of the world come to speak here to joint sessions of Congress. We ber of our delegation. Mr. Speaker, I rise tonight to recog- Mr. SWALWELL of California. Mr. nize two men that I have had the high are every day surrounded by the reliefs on the walls here of 23 of the greatest Speaker, it is truly an honor to pay honor and the great privilege to serve tribute to two legislators, two lions of with for their last 16 years in Congress: lawgivers in the history of the world, and we are reminded that one person the United States Congress whom I am GEORGE MILLER and HENRY WAXMAN. honored to have had the privilege to And I have had the unenviable task to can make a difference. Tonight, we honor two people, each serve with for 2 years. try and represent part of GEORGE’s old who have made one hell of a difference. HENRY, it is often said that there is district and, I will tell you, you have nothing more important than one’s got to work about three times as hard I don’t think that I have ever met—and my contacts with these two gentlemen health, and no one has done more to just to try and catch up to where he improve the health of Americans than has been. goes way back with GEORGE MILLER when he was 9 years old. He was the the gentleman from California, HENRY When I was first elected to Congress, pudgy little kid and I was the tall skin- WAXMAN. He provided better health I learned quickly that none of us are ny kid. Now I am the pudgy little kid care for the elderly and poor through able to accomplish anything without and he is the tall skinny kid. improved Medicare and Medicaid pro- the help and the sacrifices of those who But he had a dedication for the out- grams, offered Federal help to those came before us. For many of us, myself of-doors. We went camping, fishing, with HIV and AIDS, and vastly ex- included, none have helped or sac- and skiing. Our fathers, who were both panded the use of less expensive ge- rificed more than GEORGE and HENRY. State senators, introduced us to poli- neric drugs, on and on and on. HENRY also worked to advance public They fought the good fight, they have tics at the State level, and both of us health by improving the environment won some incredible battles, and Amer- ended up as staff members in the Cali- in which we live. This included pushing ica is a better place for it today. fornia State legislature, where, in 1968, GEORGE, I remember, I don’t know for legislation to protect the quality of HENRY WAXMAN was elected. And about fondly, but I remember like it our air, water, and food. GEORGE on the Senate side and myself was yesterday, joining forces with you Now, GEORGE, my neighbor, just to on the analyst side, but mostly on the the north, I will never forget the first to reverse a water decision that a assembly side, I worked a lot with former administration had made that day I met GEORGE. It was in our caucus HENRY WAXMAN because I was doing meeting. He came up to me and he said, killed 80,000 spawning salmon in my constitutional revision work, and one district and economically devastated ‘‘How old are you?’’ I told him I was 31 of the few things that HENRY was inter- years old. He said he was about the the area that I represented. Had it not ested in was constitutional revision. been for you, those people would still same age, just a little bit younger, This is really about the history of the when he was elected. He gave me one be washed up on the rocks. But we state of the Constitution, and he car- came on this floor together and, with piece of advice. He said, ‘‘You are not ried these really complicated constitu- elected in this town until you are re- your guidance and you as my mentor, tional amendments to clean up the we were able to help those folks weath- elected. You go home every single Constitution. I just remembered the weekend and you represent your con- er that very, very terrible time. I ap- dedication. The style was always one of preciate your help, and so do they. stituents.’’ I saw GEORGE every single intellect, very legal, lawyer-like, quiet, weekend flying home on that plane, It has been said that any of us who but everybody respected him, and we and I never felt sorry for myself be- experience any success at all in Con- got a lot done. cause I know that GEORGE went home gress do so on the shoulder of giants. GEORGE, GEORGE is like his dad. He is for the past 40 years every single week- This institution has seen many giants, the fiery one. In fact, this podium right end. but none larger than HENRY WAXMAN here I saw broken by GEORGE hitting it. He has also stood up and advocated and GEORGE MILLER. They are great This is a new podium, ladies and gen- for working families. I am fortunate legislators. They have legislated suc- tlemen, thanks to GEORGE MILLER. that, besides what he has done for ad- cessfully on everything from health Now it is adjustable and all kinds of vocating to increase the minimum care to education to tobacco to natural things it didn’t used to be in the old wage, he came out to my district and resources. They have fought the fights days. talked to our local brothers and sisters that have made American people live a Look, behind us is the American flag. in labor about how he can teach me to better life. There are 50 stars on it. Everybody work with them and listen to them and We will always read in our history knows those represent the 50 States. In advocate for them. He stood up for books about the great men and women my opinion, they are going to remind children to make sure that poor kids who have worked in this magnificent us of the 50 pieces of major legislation across our district, across northern institution. I, for one, am thankful that each one of these Members carry. California, have access to education that I had the opportunity to serve Now, a lot of these people that come and a better chance to expand upon with two of them. They are living leg- through here are famous, and we have that freedom to dream. ends, and we should all recognize how had Senator Kennedy and so on being But I think one of the greatest things fortunate we have been. in this House, and we think of the leg- about GEORGE is not just the legacy Their work and their accomplish- islation they have created. Look, these and the legislation that he is leaving, ments will endure long past their re- gentlemen have done more for this Na- but also the Members that he has tirement, and our country will forever tion in major legislation than any peo- mentored. When you look at the bills be a stronger and better place because ple in either the Senate or the House. GEORGE has passed into law, it inspires of GEORGE MILLER and HENRY WAXMAN. In fact, little known, but GEORGE you to be a part of a place that can do Thank you, thank you, thank you. MILLER would have been the Speaker of good and can do better.

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.110 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9033 But, perhaps, my favorite memory of the minds of our colleagues across the As a Member of the House for the GEORGE is coming down onto the House aisle; as well, the duty to future gen- last 22 years, I have seen firsthand the floor as GEORGE has given an impas- erations will catch up to the hearts of expertise, the passion, and the courage sioned floor speech. GEORGE tends, as our colleagues across the aisle. with which they fought for policies and you know, to go just a little bit over In the meantime, HENRY, the work laws to improve the quality of life for time, but when he starts to go over that you have done in this House has all Americans. time he starts to raise his voice and he helped keep a positive track on climate While their accomplishments are starts to bang and bang and bang on change alive, and the work that we ac- much too many to mention, HENRY will that podium as he is standing up for complish in the years ahead will abso- always be remembered for his cham- working families and children in our lutely be standing on your shoulders. pionship of universal health coverage, country, and the poor Speaker tries to GEORGE MILLER is my neighbor to the his efforts to ensure the affordability gavel him down. But never, never, east. Among many, many things, he and availability of prescription drugs, never has anyone been able to gavel worked for years to bring California and his leadership in tobacco cessation down GEORGE MILLER and what he has water policy into the modern era, cul- policy. stood up for in this Congress. minating in the Central Valley Project GEORGE’s legacy will be his steward- Long live your memory, GEORGE, Improvement Act signed into law in ship of a fair minimum wage, worker long live your legacy, and may you 1992 by Republican President George protections through secret ballots, and continue to inspire all of us to do bet- H.W. Bush. his staunch advocacy for school mod- ter. For the first time, under the CVPIA, ernization and student aid expansion. Ms. LOFGREN. Mr. Speaker, I yield the Federal Government was required My constituents and all Americans, to our new colleague from North Bay, to consider the impacts to California’s including future generations, will ben- Congressman JARED HUFFMAN. fish and wildlife when managing the efit from the educational opportuni- Central Valley Project, one of the ties, labor protections, clean air and b 2000 world’s largest water management sys- water, and expanded health access that Mr. HUFFMAN. I thank the gentle- tems, but also one that did enormous were made possible by these two Cali- woman. damage to fish and wildlife. It moved fornia statesmen with whom I have the I also rise to join my colleagues in the pendulum too far in one direction, privilege to serve. I will always cherish honoring two of the alltime greats of and it had to be reset, and that is what the opportunities I have to collaborate the United States Congress, GEORGE GEORGE MILLER did. with them on issues like adult immuni- MILLER and HENRY WAXMAN. The CVPIA encouraged more effi- zation, newborn screening, and edu- As many of my colleagues have said, cient water use, established conserva- cation technology. these two will go down in history as tion requirements, and water metering. HENRY WAXMAN and GEORGE MILLER some of the most able policymakers, It started to reform the antiquated will leave a void that is nearly impos- intellectual engines, and progressive water contracts that gave away public sible to fill and a heritage of critical champions in the history of the House water for 40 years at a time at below- policy imperatives that will define our of Representatives. market rates. efforts in health, education, labor, and People around this country benefit The law that GEORGE MILLER au- environmental justice for many Con- every day from their work in this body thored also helped pave the way for the gresses to come. from the clean air and clean water that restoration of the San Joaquin River These men truly understand the we have because of their work; to which once supported one of the largest meaning of the responsibility of serv- human rights and workers’ rights; to salmon runs on the Pacific Coast. ing in the House of Representatives. I education to consumer safety; to public Although we will miss their daily wish them Godspeed, good health, and land protections; and safer, more af- leadership in our delegation and in sincere thanks for their lifetime of fordable pharmaceuticals. The list goes Congress, I know that their body of service in doing the people’s work in on and on. Let’s not forget the millions work will continue to stand the test of the people’s House. of people in this country today that time. The people of California have Ms. LOFGREN. Mr. Speaker, I am de- have access for the first time to afford- been very fortunate to have Congress- lighted to yield to our colleague from able, quality health care because of the man MILLER and Congressman WAXMAN New York, an honorary Californian and very important and historic health representing them for the past 40 a fellow fan of these two great Mem- care act that they helped bring into years, and it has been a privilege and bers, Congressman PAUL TONKO of New law. honor for me to serve with them for York’s 20th District. This Special Order doesn’t give us the past 2 years. Mr. TONKO. Thank you to the gen- anywhere near enough time to do jus- Ms. LOFGREN. Mr. Speaker, I yield tlewoman from California for yielding. tice to these two legislative titans’ ac- to our distinguished colleague from It is an honor this evening to join in complishments, so I will just mention Los Angeles, Congresswoman LUCILLE the tribute to two very strong individ- two that have special meaning to me ROYBAL-ALLARD. uals who have represented their dis- personally. Ms. ROYBAL-ALLARD. Tonight is a tricts so very well, Representative HENRY, your work to expand the bittersweet event for all of us of the WAXMAN and Representative MILLER. scope of the Clean Air Act and California delegation. While we are One of the benefits and one of the op- strengthen its enforcement has been here to celebrate the accomplishments portunities that comes the way of tireless, and over the decades, it has of our colleagues HENRY WAXMAN and Members of this House is to stand meant huge improvements to the pub- GEORGE MILLER, we are also here to bid alongside men and women of greatness lic health care of the American people. farewell to these outstanding states- who lead not only their home district HENRY was one of the leading archi- men who have made indelible contribu- and State, but the Nation—and the tects of the Clean Air Act amendments tions to the House of Representatives world, for that matter. This evening, of 1990 that targeted environmental and to our Nation. we recognize the contributions of hazards like acid rain, smog, and the When I came to Congress in 1993, HENRY WAXMAN and GEORGE MILLER. thinning ozone layer, and through this they had served 18 years as colleagues When I first arrived in the House work, he helped lay the groundwork for of my father, former Congressman Ed- some three terms ago, my first assign- President Obama’s important efforts to ward R. Roybal, who had great respect ment was on the Education and Labor combat climate change by improving for these men. As a freshman Member, Committee. I thank you, Representa- fuel efficiency and cleaning up our I remember being very much in awe of tive MILLER for being an outstanding power plants. them and their accomplishments. chair who enabled me to join in your HENRY has also led the Safe Climate HENRY was already considered the sound efforts in providing for the em- Caucus, a bicameral effort that is at- health guru, and GEORGE was well-es- powerment of children, the strength- tempting to create a climate policy in tablished as a leader in education and ening of workers, stamping out gender exile, if you will. Inevitably, the labor policy, but their contributions to discrimination, and all sorts of work science of this issue will catch up to our country had just begun. that addressed not only issues of your

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.111 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9034 CONGRESSIONAL RECORD — HOUSE December 10, 2014 home State of California and my dis- Mr. SARBANES. Thank you for inspects the vanishing glaciers that are trict in New York, but the entire Na- yielding. the victims of our climate change. tion—and the world, for that matter. It It is a privilege to rise and acknowl- They have worked, as you heard, on has been an empowering statement. edge the incredible service of GEORGE elementary and secondary education, To HENRY WAXMAN, the ranking MILLER and HENRY WAXMAN. I had the worker protection, health care, com- member of the Energy and Commerce honor of serving with both of them on munication, clean air, clean water, sus- Committee when I joined earlier in this each of their committees, the Edu- taining lands and climates. They will third term, it was an honor to join with cation and the Workforce Committee not tolerate those who violate workers’ you, HENRY, and to recognize the great in the case of GEORGE MILLER, and the rights, family welfare, and individual work that you have done on climate Energy and Commerce Committee and opportunity, in America or elsewhere. change and energy issues, certainly on the Oversight Committee with HENRY We have heard about Central Amer- public health, from the warnings of to- WAXMAN. ica. I was with GEORGE MILLER in Chile bacco to affordable prescription drugs As public servants, they are this year when he received the highest and to move forward with the Afford- unrivaled. At a time when unfortu- medal that country gives, the able Care Act. nately many Americans have become O’Higgins Medal, for activities that he It has been an honor. It has been a cynical and wonder whether their voice did as a freshman from this House great treasure to call you colleagues is heard here in Washington, these are when he went to Chile and coura- and friends. I want to thank you for two individuals that when you look geously stood up in the face of your intellect, the institutional mem- back over their careers in public serv- Pinochet’s terrorism to defend labor ory that you carry with you, and the ice, you cannot have a shred of cyni- and individual rights. passion that you poured forth for your cism because they got up every day de- We could go on far beyond the hour State, your country, and the world. termined to do the right thing to help that is allotted here. Simply put, their Thank you so much for your service. people across this country. record puts to rest any claim that gov- We will deeply miss you. In the case of HENRY WAXMAN, his ernment doesn’t work, that govern- Ms. LOFGREN. Mr. Speaker, I am fight on behalf of consumers is leg- ment can’t help people, that special in- honored to yield to our colleague from endary. His work to guarantee access terests always prevail. It makes us Maryland, Congressman CHRIS VAN to affordable health care is before us proud to be Members of this body. It HOLLEN. every day. His desire to see that every makes us proud to be in the United Mr. VAN HOLLEN. It is an honor to citizen be able to live in a world where States of America. stand with the California delegation they have clean air and clean water, a Thank you, GEORGE and HENRY. tonight in saluting two extraordinary world that is protected against the rav- b 2015 Members of the United States Con- ages of climate change, is his legacy. In Ms. LOFGREN. Mr. Speaker, I yield gress, GEORGE MILLER and HENRY WAX- fact, when it comes to climate change, to the gentleman from Oregon (Mr. MAN, two friends, two individuals who I think we can say he is the conscience BLUMENAUER). have been an inspiration to me and so of the Congress. Mr. BLUMENAUER. Mr. Speaker, many other Americans. In the case of GEORGE MILLER, he is just squeaking under the wire, and I What is extraordinary about these somebody who was deeply committed am not going to do a GEORGE MILLER two men is that they greeted every day to making sure that the next genera- imitation, talking over the Speaker of their 40 years here in the United tion had decent educational opportuni- and pounding the lectern, nor am I States Congress as if it were their very ties and fought for that during his en- going to try and repeat what has come first day, with the same determination, tire time here in this Congress; of before us in terms of talking about the with the same drive, with the same course, he was always putting the pri- legendary accomplishments of the two passion to make our country a little orities and the needs of working fami- gentlemen. I just want to mention one. better place than they found it. lies first. When I first came here, I was privi- Make no mistake, they came here on If legislating is a profession, then leged to be part of a small discussion a mission to build a more just, a more these two individuals reached the group of faith and politics. It had inclusive Nation, where every Amer- height of that profession. They knew HENRY and GEORGE, and it opened a ican has a fair shot at the American the substance of the work. They fought face to me of people who cared about Dream, and through that determina- hard for what they believed in, but their colleagues, an extraordinary tion and that perseverance, they suc- they knew how to reach compromise kindness that both had given to me and ceeded. when it was demanded. my family, and had given a face to this If you look around the country As people, they are both decent, eth- institution that is too often missing today, in almost every aspect of Amer- ical, and caring, and most importantly, now. And I think that may be their ican life, these two gentlemen have left down to Earth, getting up every day greatest contribution. their mark, from health care to edu- saying, ‘‘I have got a job to do,’’ and Ms. LOFGREN. Mr. Speaker, we are cation to workers’ rights to protecting going out to do it. We will miss them. through with an hour. We could have our environment. They have changed We thank them for their service. As filled many hours, but we say goodbye the arc of American history. long as we have the privilege of serving to these two colleagues. Eighty years One quality really stands out when I here, we will cherish their legacy. of experience and expertise will leave think about both these individuals: Ms. LOFGREN. Mr. Speaker, I yield this Chamber. fearlessness and moral courage and a to the gentleman from New Jersey, I looked—in 1974, the top of the willingness to take on the most power- RUSH HOLT. charts was ‘‘The Way We Were,’’ that ful special interests on behalf of the Mr. HOLT. As one who has also cho- was the song, but also on that chart common good, no matter the personal sen to step aside at the end of this was a song called ‘‘Rock On,’’ and that risk, no matter the political cost. term, I want to recognize and thank is what we want our two colleagues to They have been warriors for the pub- two legislative giants, HENRY WAXMAN do. lic good, sometimes happy warriors, and GEORGE MILLER. They came at the We are in their debt. We are im- sometimes just tough warriors, but al- same time. Although they are very dif- pressed. Our country and our world is a ways standing up for what is best in ferent people, each shows compassion, better place because of their wonderful America. It is the job of those of us courage, determination, persistence, service. who remain here to dedicate ourselves powerful mind skill, and even good Mr. Speaker, I yield back the balance to carry on the work that these gentle- humor in accomplishing all these of my time. men carried out for the love of their things that we have heard about to- Mr. HOYER. Mr. Speaker, I rise to thank country. night. two of the finest legislators in California’s his- Ms. LOFGREN. Mr. Speaker, I yield I have seen their personal qualities tory for their contributions to our nation and to to another distinguished gentleman up close. I have been with HENRY as he this body over the past forty years. from Maryland, Congressman JOHN stands for fairness and justice in Israel. HENRY WAXMAN and GEORGE MILLER were SARBANES. I have been with GEORGE MILLER as he both elected in the post-Watergate Democratic

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wave election of 1974—one from Southern GEORGE and HENRY together claim respon- home health services and that set policy for California, the other from Northern California. sibility for enacting some of the most important childhood immunization programs, vaccine They have served together through many leg- legislation that has come before Congress compensation, tobacco education programs, islative battles that have shaped the modern over the last century. HENRY’s leadership on communicable disease research, community history of our country, and they have each the Clean Air Act, the Ryan White CARE Act, and migrant health centers, maternal and child chaired committees during times of momen- the State Children’s Health Insurance Program health care, family planning centers, health tous change and achievement. It has been my or the Family Smoking Prevention and To- maintenance organizations, and drug regula- privilege to call both of them my friends, and bacco Control Act are only a few examples of tion. it will be my disappointment to see both of his passion and dedication. GEORGE’s leader- Rep. WAXMAN is a strong advocate for wom- them leave this House when they retire at the ship on the California Desert Protection Act, en’s health, supporting family planning pro- close of the 113th Congress. the Davis-Bacon Act, and the Fair Minimum grams and the right of women to freedom of HENRY WAXMAN has spent his four decades Wage Act were a result of his endless tenacity choice with respect to safe and legal abor- in Congress as a tireless fighter for clean air and compassion. tions. and water, a stronger economy that creates I will always remember how instrumental From 1997–2009, Rep. WAXMAN served as opportunities for all Americans, and a strong each of them was in securing the enactment either Chairman or Ranking Member of the U.S.-Israel relationship. He worked hard to of the Affordable Care Act; what seven presi- Committee on Oversight and Government Re- raise awareness about the dangers of tobacco dents could not accomplish over so many dec- form, conducting investigations into a wide and worked across the aisle to help lower the ades, President Obama principally accom- range of important topics from the high cost of cost of drugs used to treat those with rare dis- plished because of the relentless efforts of prescription drugs to waste, fraud and abuse eases. HENRY wrote major legislation on food each of them. in government contracting. He also formed a safety to inform consumers about the nutri- Whether we found ourselves in legislative Special Investigations Division that prepared tional value of what they eat and to keep foxholes or at the vanguard of new ideas and hundreds of investigative reports on local and chemical pesticides out of the fruits and vege- solutions, we were always in it together for the national topics for Members of Congress. tables we feed our children. American people. Their efforts were always Mr. WAXMAN’s contributions to our country He and GEORGE MILLER both helped lead led by the desire to serve the best interests, span 40 years in Congress and six years in the effort to pass the Affordable Care Act and ideals and policies for our nation. the California State Assembly. He and his wife expand access to affordable health insurance Mr. Speaker, many are called to public serv- Janet have been married for 44 years, they to more Americans. ice, but few leave legacies that endure the have two children and five beautiful grand- GEORGE has served as Chairman of both way that Rep. HENRY WAXMAN and Rep. children, Ari, Maya, Noa, Eva, and Jacob. It’s the Natural Resources Committee and the GEORGE MILLER’s legacies will endure. As they been a great honor to serve with HENRY WAX- Education and Labor Committee—now called move on to the next stage of their lives, with MAN and I wish him and Janet my full wishes Education and Workforce. On the first, he their health intact and their heads held high, for every blessing. oversaw the passage of legislation that cre- let us be thankful that we had these cham- Mr. GENE GREEN of Texas. Mr. Speaker, ated new national parks, like Joshua Tree and pions of American democracy and patriots for I rise today to pay tribute to one of the great Death Valley, and he worked to protect wildlife America’s freedom for forty years. legislators of our time, Congressman HENRY across the country and around the world. On Ms. ESHOO. Mr. Speaker, HENRY WAXMAN WAXMAN. the Education and Workforce Committee, of is one of the most prolific and successful leg- I have had the honor of working with HENRY which he is still the Ranking Member, GEORGE islators in modern congressional history. on the Energy and Commerce Committee for helped write legislation to reform and expand After 46 years of serving his constituents in many years. In that time, we have worked to- student loans, was instrumental in crafting the Los Angeles County—my fellow Californian, a gether on children’s health coverage, afford- new G.I. Bill to send Iraq and Afghanistan vet- champion for health care, for the environment, able prescription drugs, environmental protec- erans to college, and worked to pass the Col- and consumers—is retiring at the end of the tion, and universal health care coverage, the lege Cost Reduction Act to make higher edu- 113th Congress. Affordable Care Act. cation more affordable for all Americans. He Since 2009 Congressman WAXMAN has In Congress, HENRY has served as the and I worked together in 2009 to enact statu- served as Chairman and Ranking Member of Chairman and currently serves as the Ranking tory PAY-GO rules to ensure that Congress the Energy and Commerce Committee, a com- Democrat on Energy and Commerce and pre- must pay for what it buys—rules GEORGE pio- mittee with broad jurisdictions that reach into viously served as the Ranking Democrat for neered in the early 1980’s when he wrote the the daily lives of millions of Americans. His the Oversight and Government Reform Com- first PAY-GO legislation. legislative achievements are unparalleled— mittee. Both GEORGE and HENRY will leave big The Infant Formula Act, to improve the qual- HENRY and I both currently serve as co- shoes to fill in the next Congress, and I look ity and integrity of infant formula; chairs of the Democratic Israel Working Group forward to working with the Democratic Mem- The Orphan Drug Act, which gave pharma- where we have worked together in supporting bers their constituents chose to succeed them ceutical companies incentives to develop treat- our nation’s partner in peace in the Middle in order to carry forward the work they have ments for rare diseases they had previously East, Israel. been engaged in for forty years. I join with a ignored; HENRY, along with fellow Californian, Rep. grateful nation and a grateful House in thank- The Hatch-Waxman Act to create the first GEORGE MILLER, are the last two House Mem- ing them both for their many years of distin- ever pathway for generic drugs; bers of the ‘‘Watergate’’ Class of 1974 and guished service to Congress, to the people of The Clean Air Act to address the problems have left an indelible mark on our chamber. California, and to the United States. of urban smog, hazardous air pollution, acid Their leadership will be sorely missed. Mr. BECERRA. Mr. Speaker, I rise today to rain, and the depletion of the ozone; Mr. Speaker, I would like to thank HENRY for celebrate the legacy of public service for two The Ryan White Care Act, groundbreaking his years of public service on behalf of millions of our departing colleagues, Rep. GEORGE legislation to provide medical care for Ameri- of Americans who have benefitted from his MILLER and Rep. HENRY WAXMAN. cans living with HIV/AIDS; work from tobacco regulation and reproductive I have had the pleasure of serving alongside The State Children’s Health Insurance Pro- rights to air and water quality standards and Reps. MILLER and WAXMAN for over twenty gram to ensure all children had access to ensuring that all Americans have access to years and it is with great respect and admira- health insurance; health care coverage. tion that I say goodbye to them as colleagues, The Family Smoking Prevention and To- Mr. SCHIFF. Mr. Speaker, I rise today to friends and brothers-in-arms. bacco Control Act to restrict the marketing of honor two giants of this House: GEORGE MIL- Since 1975, HENRY and GEORGE have not cigarettes and smokeless tobacco to children LER and HENRY WAXMAN, who will be leaving only served the people of their districts but and give the FDA jurisdiction to regulate these this institution at the end of this Congress. also our nation as champions of progressive products; and They will be missed, but their legacies live on democratic ideals and stewards for the tenets The Patient Protection and Affordable Care the myriad ways that they have made America established by our founding fathers. Their leg- Act, arguably the most important and far- better. acy as effective legislators is virtually un- reaching legislation passed by Congress in a HENRY and GEORGE have made their marks matched in the House of Representatives and century, creating a framework for universal on this nation through an unwavering commit- serves as a reminder that constructive work health coverage for the American people. ment to their ideals, dogged hard work and a can lead to positive results in this legislative Rep. WAXMAN has also authored laws that pragmatism that is too often lacking in this body. improved the quality of nursing homes and hyper-partisan era. One, or the other—or both,

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00103 Fmt 4634 Sfmt 9920 E:\CR\FM\A10DE7.063 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9036 CONGRESSIONAL RECORD — HOUSE December 10, 2014 have been instrumental in almost every major side one of the greatest statesmen this institu- of leadership to this day as co-chair of the piece of domestic policy legislation in the last tion has ever known—Congressman GEORGE Democratic Steering and Policy Committee. few decades and have improved the lives of MILLER. GEORGE has been a tenacious fighter in countless Americans and millions overseas. Throughout his 40-year career, Congress- support of workers’ rights, students and teach- As long as GEORGE and HENRY have been man MILLER’s work has transformed the lives ers, workplace safety, the environment, and a in Congress, those who had long been ig- of children and families, hard working people livable wage for all working Americans. nored by Washington have been heard. Poor and our environment. From our country’s edu- As a card carrying member of the Commu- people, the sick, persecuted minorities around cation system, to labor, to health policy and nications Workers of America and someone the world, and our nation’s children have all the preservation of our natural resources, who shares GEORGE’s commitment for working been lifted up by the work of these two men. Congressman MILLER has left lasting and pro- Americans, Congressman MILLER has been a During his 40 years in Congress, GEORGE foundly important imprints on our society. colleague I have continued to look to on chaired three committees—the Select Com- From the first day he stepped into the halls of issues important to the labor community. mittee on Children, Youth and Families, the Congress and ever since, he’s been a true re- Before I close, I would like to thank GEORGE Natural Resources Committee, and the Com- former for the American people. for his decades of public service on behave of mittee on Education and the Workforce—and Congressman MILLER was instrumental in our nation’s working families. Our chamber will through them fought for high quality education passing the Lily Ledbetter Fair Pay Act, which be losing one of the true lions of our genera- not just for a select few students but for all. curbs pay discrimination against women. In tion and I wish him and his family all the best. He has worked to strengthen environmental 1975, he championed the Education for All f protections even in the face of aggressive op- Handicapped Children Act, which for the first HONORING CONGRESSMAN DOC position from entrenched interests, and for time provided children with special needs a HASTINGS ON HIS RETIREMENT safe conditions and a living wage for workers free and appropriate public education. The SPEAKER pro tempore. Under in America and overseas. Congressman MILLER paved the way to dra- the Speaker’s announced policy of Jan- GEORGE is blessed with boundless energy matically improve the quality of meals for chil- uary 3, 2013, the gentlewoman from and has never been satisfied to rest on his dren at schools with the Healthy, Hunger Free Washington (Mrs. MCMORRIS RODGERS) laurels—staying engaged to ensure that the Kids Act of 2010, and spearheaded trans- is recognized for 60 minutes as the des- bills he has passed are implemented and im- formative legislation to save students billions ignee of the majority leader. proved upon. He wrote the legislation that suc- of dollars in student loan costs while serving GENERAL LEAVE cessfully raised the minimum wage in 2007 as Chairman of the Education and Labor Mrs. MCMORRIS RODGERS. Mr. and has written the bill to increase it again. Committee. In 1982, he passed the landmark Speaker, I ask unanimous consent that He worked across the aisle to write and Pay-Go Act to reduce the deficit, instill greater all Members may have 5 legislative pass No Child Left Behind and has not discipline in the budget process, and ensure days to revise and extend their re- wavered from his efforts to improve and fund that military and non-military spending is con- marks and include extraneous material it. sidered equally. on the subject of our Special Order. Beyond his extensive legislative achieve- Congressman MILLER chaired the House The SPEAKER pro tempore. Is there ments, GEORGE has touched so many lives, Natural Resources Committee and delivered objection to the request of the gentle- including mine when I interned in his office as the California Desert Protection Act of 1994, woman from Washington? a college student. At the time, I never imag- which established Death Valley National Park, There was no objection. ined I would one day serve alongside him, but Joshua Tree National Park and the Mojave Mrs. MCMORRIS RODGERS. Mr. it has been a great honor. Desert National Preserve. He also unlocked Speaker, tonight we celebrate my HENRY WAXMAN has similarly focused a longstanding and fiercely defended taxpayer friend and esteemed colleague, Chair- wide array of causes, focusing on investigating subsidized domination of California’s scarce man DOC HASTINGS, for his 20 years of companies whose products had harmed con- water resources by agribusiness, quite literally dedicated service in the United States sumers, and questioning and holding account- saving our fisheries and water quality. House of Representatives. able corporate executives on behalf of those His accomplishments are countless and far DOC has been a constant source of who otherwise had no opportunity to seek jus- reaching, and his tenacious pursuit to serve wisdom, of compassion, of patience, tice. his constituents and the American people res- and of leadership for our Chamber, and As Chairman of the House Oversight and onates throughout each and every one of his I know that he will be sorely missed by Government Committee, HENRY investigated victories, as well as his defeats. all who have had the pleasure of work- waste, fraud and abuse in the tobacco, fi- Nearly every weekend for 40 years, Con- ing with him. nance and energy industries to name only a gressman MILLER has traveled home to his Every day he has represented the few. district in the East Bay of San Francisco from people of the Tri-Cities, Yakima, Moses Conducting investigations and oversight was Washington, D.C. It’s where he has drawn his Lake, and all of Central Washington not enough for him, once he exposed wrong- strength, his inspiration, and his desire to keep with his tireless commitment. doing, he would work, sometimes for decades, fighting the good fight. When he first came to Congress in to translate his findings into legislation. As GEORGE, you are my brother, my confidant, 1995 to represent Washington’s Fourth Chairman of the Energy and Commerce he and I will forever keep in my heart the time we Congressional District, he came with helped write and oversaw the passage of the spent working together in Congress. I wish his sleeves rolled up ready to get Affordable Care Act, the culmination of lifelong you, Cynthia, your sons and grandchildren things done. He didn’t come to seek the work on behalf of uninsured Americans. every blessing, and know that your tireless spotlight. He came to Congress to help HENRY’s commitment to human rights, espe- spirit will forever be a part of this sacred insti- the people of Central Washington in cially the persecution of religious minorities in tution. every way he could, to make their lives the former Soviet Union and Iran has given Mr. GENE GREEN of Texas. Mr. Speaker, better, and that is exactly what he has hope to those without hope. His steadfast sup- I rise today to pay tribute to one of the legisla- done. port of Israel has ensured that our two nations tive giants of our era. A man who I am proud In his years on Capitol Hill, DOC has will remain allies and partners. to call my colleague and my friend, Congress- been a humble leader and a masterful As dean of the Los Angeles delegation, man GEORGE MILLER. legislator. It was in 1974 when DOC en- HENRY has been both a leader on issues fac- GEORGE first came to Congress as part of tered politics. He was elected Franklin ing Angelenos, and a mentor. I consider my- the legendary ‘‘Watergate Class’’ of 1974. In County Republican Party Chair and self privileged to have had the opportunity to the four decades that GEORGE has been a served Franklin County with his tre- work with him. member of this chamber, he has played a key mendous work ethic and attention to Our state and the nation have been lucky to role in the passage of some of our nation’s detail. have the decades of service that GEORGE and most import education, labor, and health stat- As a proud early supporter of Ronald HENRY have given us. They will be missed utes. Reagan, it wasn’t long before DOC was from the halls of Congress, but their legacy GEORGE has served as chairman of three chosen as a delegate for Ronald Reagan will continue to shape this institution and na- committees: the Select Committee on Chil- at the 1976 Republican National Con- tion for decades to come. dren, Youth and Families, the Committee on vention. Ms. ESHOO. Mr. Speaker, for the past 22 Natural Resources, and the Committee on He went on to serve as a faithful rep- years, I’ve had the privilege of working along- Education and Labor. He continues his legacy resentative in the State legislature

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Someone once said that tion’s Capitol after winning a race tegrating wind energy into BPA’s ‘‘Character is doing the right thing against then-incumbent and current transmission systems. when nobody is looking.’’ Governor of Washington State, Jay Under DOC’s guidance, we have had I have seen, time and again, DOC Inslee. the opportunity to collaborate to pro- faced with an opportunity, perhaps, That year, Republicans gained con- mote a strong future for our regional that would have meant taking advan- trol of the House of Representatives for power system. tage of someone or not doing the right the first time in 40 years, and DOC em- As a master of all things rules, he thing, and he always does the right bodied that spirit of hard work and de- knows the rules better than just about thing. And so that character, that termination. In all the years I have anyone. The Speaker could always turn inner being that radiates out to the known him, I have marveled at his to him when he needed a steady hand world, comes through that balding ability to get things done without who understood the rules. head and reaches out to the world. seeking the limelight. What I admire most about DOC is Most people don’t realize that DOC When I came to Congress, I quickly that he is kind and selfless. He is as HASTINGS is one of the biggest learned that when DOC spoke, people kind and selfless as he is brilliant. NASCAR fans in America. He travels listened. It is because of him that BPA When our son, Cole, was born, and to watch the cars. And of course, most rate increases in the Pacific Northwest after he was diagnosed with Down syn- of those started out in the South and were limited. It is because of him that drome, DOC was the one that welcomed still principally are. But DOC loves the those back home didn’t see their elec- us back and introduced Cole to the NASCAR world, so that makes him a tric rates skyrocket. world on the House floor. He is an in- southerner, which is another reason I And it is because of his relationships, valuable legislator, an unmatched admire the man. both here and at home, that we have mentor, and a man I am proud to call Well, we are going to miss this man. been able to build upon the foundation my friend. He has served so well here in so many of our economy. It is because of him DOC’s family has always come first. different important roles: chairman of that we have been able to move for- His wife, Claire, has been his partner, the Ethics Committee that looks after ward on so many effective economic so- by his side 20 years now in service, and the ethics of Members of Congress; of lutions for the Pacific Northwest. I can say from experience it is not easy course, on the Rules Committee, the DOC has been a steady hand and an to have your family on one coast when hardest working assignment I think instrumental leader in his chairman- you are on the other. anyone has, and his service there was ship of the House Committee on Nat- Claire and the entire Hastings family superlative; and of course, the chair he ural Resources, and on the House Com- have always been a source of continued now holds, that has turned out more mittee on Ethics. commitment and unconditional love, bills, I dare say, than any other com- In his recent work as Natural Re- and I know DOC feels so blessed to have mittee of the Congress. I mean, it sources Chairman, DOC worked to re- had that unwavering support. seems like every day there is a string form the 24-year old Endangered Spe- I thank the Hastings family for shar- of Hastings bills that are being consid- cies Act in an effort to improve species ing with America a tremendous and in- ered by the floor. recovery, reduce ESA-related litiga- valuable leader. His heart has always He is a strong worker, a hard worker. tion, and ensure taxpayer dollars are been with his children and grand- He is conscientious in his work. He is spent efficiently and wisely. He worked children, and I know that he will be approachable and friendly and likes to to make the law work for both species glad to be able to spend some more take advice. and for people. time with them. b 2030 His focus has always been on making DOC has filled the role of dean of the So we are going to miss this man, laws more efficient and effective to Washington delegation, and he is going and we hope that the folks back in the help people, and this is no exception. to be missed. While this great leader home State appreciate just how well Regardless of the issue, whether it is will no longer walk the Halls of Con- loved DOC HASTINGS is here in the U.S. energy, healthy forests, protecting our gress every day, this institution is bet- Congress. dams, irrigation, agriculture, or manu- ter and stronger for having had him So, DOC, we will miss you. We want facturing, DOC has championed count- here. DOC will be missed every day, but you to come back from time to time, less policies that have driven our econ- his legacy will live on in Congress and, and I will even buy you dinner. God omy in the Pacific Northwest. of course, all across Eastern Wash- bless you. Serving as founder and chairman of ington. Mrs. MCMORRIS RODGERS. Thank the House Nuclear Cleanup Caucus, Mr. Speaker, I yield to the gentleman you. DOC has tirelessly educated his col- from Kentucky (Mr. ROGERS), chair- I would like to yield to the gen- leagues about cleaning up nuclear man of our Appropriation Committee. tleman from Washington, Mr. DENNY waste created by World War II and Cold Mr. ROGERS of Kentucky. Mr. HECK. War-era nuclear weapon production Speaker, I thank the gentlewoman for Mr. HECK of Washington. I thank the programs. The program includes waste yielding. I will not be lengthy, but I gentlewoman from Washington State. at Hanford site, which is the world’s will be very serious. Mr. Speaker, I rise to acknowledge, largest and most complex environ- There are very few people that I have thank, and pay tribute to the service of mental cleanup effort, and it is DOC served with in this body these 34 years Richard ‘‘DOC’’ Hastings on behalf of who has worked to ensure that clean- for me who has more respect and more the people of this country and Wash- ups move forward safely and effi- friends than DOC HASTINGS. ington State. ciently, and it is DOC that helped the We are personal friends. We are pro- I have had the privilege to know DOC Tri-Cities community prepare for the fessional friends. And when our wives more than 35 years, and with perverse post-cleanup era. are back home, we frequently have din- reference to Mr. ROGERS’ earlier com- It goes without saying that those in ner together, and we talk a lot of poli- ments, I even knew him when he had Washington State are better because of tics, we talk about things going on at hair. I had the great privilege to serve DOC’s service. As cochair of the bipar- home, talk about things going on here in the Washington State House of Rep- tisan Congressional Northwest Energy in this body and the world. resentatives with him. We overlapped Caucus, DOC has worked to promote co- There is nobody more knowledgeable by 6 or 8 years in the seventies and operation on issues that impact the of politics in America than DOC HAS- eighties, and as somebody who wears a continued availability of low-cost hy- TINGS. He knows every congressional different colored jersey—his is red and dropower. district. He knows the politics of that mine is blue—and this is me engaging He gave us the opportunity to work district, and that makes for some in understatements as we had materi- together on policies like protecting the great, great conversation. ally different world views—with DOC, it

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.115 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9038 CONGRESSIONAL RECORD — HOUSE December 10, 2014 was never, ever, ever, ever personal. He Mrs. MCMORRIS RODGERS. Thank last year—it feels like 1,000 years ago— always has a kind word and, frankly, a you. Doc was one of the first to ask how we ready smile for people. I would like to yield to the gentle- were, how we were doing, what he DOC is now finishing up 10 terms—20 woman from Vancouver, Washington could do, and to share in the joy of our years in this Chamber. I don’t know (Ms. HERRERA BEUTLER), our friend and miracle, and I am truly grateful. that I have ever adequately thanked colleague. I know, for me, when I am trying to him for being the very first person to Ms. HERRERA BEUTLER. Thank work an issue and I need advice, I am come to my office and extend his hand you so much. going to miss being able to say, ‘‘Well, in friendship and offer to help me in Mr. Speaker, it is fun to get to come what do you think?’’ ‘‘How would we do any way he could 2 years ago—some- down here and honor my friend and col- this?’’ or ‘‘What coalition would we thing he probably doesn’t even remem- league, Chairman DOC HASTINGS from build?’’ ‘‘What is the strategy?’’ That is ber, so natural an act it was for him central Washington. It has been a one of the biggest things I remembered. but, frankly, so meaningful for me. privilege to get to be right adjacent to I shouldn’t say ‘‘remembered.’’ He is Lest I leave the wrong impression DOC. still with us. One of the biggest things about all of these differences that DOC CATHY, we have been on either side. I think of when I think of DOC is that and I have—oh, and we do—I also want In being the younger member of the his approach is always: let’s lay out to assuredly assert that he can be delegation, the newest member of the the strategy to get to our solutions, every bit as good an ally as he can be delegation, I think your time and your and let’s try this and talk to this per- an honorable adversary. The gentle- effort and your willingness to bring us son and do it this way and remember woman from Washington State has along—to bring me along—is invalu- this. mentioned several of the ways in which able. It is impossible to overstate the It is that intimate knowledge of how Congressman HASTINGS has worked col- influence that DOC has had on this this institution works that we are laboratively with all of us, over a long body over the last 20 years. He has been going to be at a loss for, not just here, period of time, on behalf of the inter- a constant advocate, fighting for the but even in the Washington delegation. ests of Washington State: cleaning up people of his home and our State—and It is having that institutional knowl- Hanford Reservation. I cannot help but our region, really—and the rest of edge and the relationships, because note his signature on a letter advo- Washington. this place, like anything else, is fun- cating the reauthorization of the Ex- You have been doing it since I was in neled by relationships. His intimate port-Import Bank—a very meaningful high school, studying U.S. history. understanding of that and the way he gesture on his part and of tremendous Unlike a lot of politicians, DOC has worked so carefully with people to economic importance to our State— doesn’t seek credit or run to the micro- advance ideas, we are going to miss it. and even more generic issues. phone or brag about his accomplish- We are going to feel the loss. As a former U.S. Army Reserve vet- ments. He truly lives by one of his fa- We look forward to hearing from you eran himself, DOC is always front and vorite quotes: ‘‘It is amazing what you and watching you enjoy your time at center, standing proud and tall to do can accomplish if you are not worried home with your kids and your what he can on behalf of the men and about who gets the credit.’’ grandkids. Tell us about how great it is women who have served in uniform in I joined the Washington delegation 4 from time to time. We are going to this State. years ago, and from the beginning, DOC miss you. I also want to reiterate the gentle- has been incredibly generous to me Mrs. MCMORRIS RODGERS. Thank woman from Washington State’s ac- with his time and his wisdom and even you. knowledgment of Congressman HAS- with his dinner invites. Like so many In closing, I would say, DOC, on be- TINGS’ skill over the presiding of this in this body, I truly value his friend- half of everyone in Washington State Chamber. Most people don’t understand ship. and on behalf of my colleagues here in what an incredible skill that is to do it During my time here, I have had the the House of Representatives, we are with such seeming ease, not just to privilege—I don’t even want to say ‘‘of grateful for your service, your leader- have command of the rules and of the working alongside’’—of following along ship for our region, and your impact on parliamentary procedures. with some of the issues that are incred- our lives. The very manner in which you com- ibly important to my district and of As we walk the Halls of Congress, we port yourself, Congressman HASTINGS, things that DOC has championed. Trust often think about those who have gone is truly a thing to be admired. You did me. Whether it is joining him out at before us and have walked these halls, it with grace. Hanford Nuclear Reservation or and we think about the fact that we Speaking of grace, more than a year teaming up with him to try and ad- stand on the shoulders of giants. You ago, one of my dear, dear friends and vance our Nation’s forest policies and have been a giant in our lives, and you mentors—someone who also wears my best practices, it is plain to see how have been a giant for Washington State colored jersey—former Governor Booth passionate DOC is about serving the in Congress, and these are just small Gardner, passed away. Congressman people in central Washington and tokens of our appreciation for your HASTINGS was one of the very first peo- throughout Washington State. service. Thank you, DOC. May God ple to take the podium to acknowledge In this day and age when we hear bless you, and may God bless your fam- the kindness that Governor Gardner mostly about a polarized Congress and ily. extended to Congressman HASTINGS’ politicians that no one likes and about Mr. Speaker, at this time, I would family, a gesture which he would be people who can’t work together, it is like to yield to the gentleman from very familiar with because it comes so important to remember and to focus on Georgia (Mr. GINGREY). naturally to him as well. those Members who are the opposite— Mr. GINGREY of Georgia. Madam It is a privilege to know you. It is a people like DOC—who are always look- Chairman, thank you very much. privilege to have served with you lo ing to find the common ground, who I actually came down to the floor these short 2 years, but I am very are looking for solutions, and who are this evening, Mr. Speaker, to give my proud to have done so. I am proud to wanting to confront the biggest chal- farewell remarks as I am retiring as have known you all of these years, and lenges facing our region. I hope and be- well as my good friend, DOC HASTINGS. I am proud to call you friend, DOC. lieve it is how DOC is going to be re- Thank you for giving me the oppor- Most importantly, on behalf of all of membered—as a statesman who always tunity to just say what a great human the people of Washington State, includ- did the right thing by the people at being DOC HASTINGS is and what a ing the people of the 10th Congres- home. pleasure it has been for me in my 12 sional District, we thank you for your DOC’s retirement is certainly a loss years. Of course, DOC has been here fine, fine public service and for your for Washington, but I am happy that much longer than I, but to rely on his dedication to all of these issues that the pull of being home—the pull of experience and to draw from that and you have worked on so ably and in such family—has finally won out after hav- his wisdom and his judgment and his a dedicated fashion for so many years. ing to balance that life on both coasts kindness and his great representation Thank you, sir. for so long. When I had my baby girl of the people of the great State of

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.117 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9039 Washington, it is a pleasure to say terror, the Great Recession, Medicare But no matter how many problems farewell to DOC. part D back in 2003, the stimulus re- we solve, there lay, of course, many I hope I will see you again very, very sponse to the financial collapse, the hurdles ahead: immigration, continued soon. Thank you, DOC. Central American Free Trade Agree- reckless spending, these new, horrible Mrs. MCMORRIS RODGERS. Thank ment, fighting for fiscal solvency dur- threats in the Middle East, an ever- you very much. ing the fiscal cliff, and a litany of new growing executive branch, and, of Mr. Speaker, I yield back the balance challenges facing the health care in- course, as I mentioned, health care. of my time. dustry due to the Patient Protection As an OB/GYN physician, it truly f and Affordable Care Act. worries me to be leaving Congress at a It is my hope that as history exam- time when our health care industry has AN HONOR TO SERVE IN THE ines my actions as a part of this body been tipped on its side—I think because HOUSE OF REPRESENTATIVES that the record will show that I always of the Patient Protection and Afford- The SPEAKER pro tempore (Mr. acted and voted the way I thought was able Care Act. It is critical that this VALADAO). Under the Speaker’s an- in the best interests of the Georgians I country find a more sustainable path nounced policy of January 3, 2013, the served and, of course, this great Na- to creating quality care and access to gentleman from Georgia (Mr. GINGREY) tion. physicians. Government bureaucrats is recognized for the remainder of the Now, I can’t claim to be perfect. Far have no place between doctors and hour as the designee of the majority from it. Not every piece of legislation I their patients. leader. championed passed, but no matter the But still, in light of these few frus- Mr. GINGREY of Georgia. Mr. Speak- outcome, I take comfort in knowing trations, I have great confidence in er, it is an honor to rise today for, per- that the work that I have offered this this body. If history shows us anything, haps, my last time speaking as a Mem- body has spurred important debate it is that despite the day-to-day angst ber of this institution. that betters this institution as a whole of gridlock—and there is plenty of that I rise this evening, first and fore- and, in turn, our country. to go around—this institution remains most, to pay a debt of gratitude to b 2045 the greatest representative body the Georgia’s 11th Congressional District It is that very spirit that led me to world has ever seen. The hurdles we and to the people there, who have gra- cofound the House GOP Doctors Cau- face in this institution are always ciously allowed me the privilege of cus, a group of physicians and health overcome, sometimes with more grace serving them for these past 12 years. care providers, medical professionals in than others, and it will survive, as it Growing up modestly in Augusta, Congress, people who had served in the always has. Our system of government Georgia, I would never have dreamed medical professions prior to coming is durable, it is resilient, and it is de- that, someday, I would be standing here, who utilize our collective first- signed to withstand the test of time. It where I am today, and I would not have hand medical expertise to develop pa- has been my greatest honor to have had this opportunity if it weren’t for tient-centered health reforms for all played even a small part in it. my wonderful constituents in north- Americans. But now it is time for my wife, Billie, west Georgia. I may be biased, Mr. Since the group’s founding, we have and me to turn the page. We are look- Speaker, but I think the people in my tackled ObamaCare’s threat to the doc- ing forward to having the opportunity district are the nicest and the most tor-patient relationship head-on and to check a few more boxes before we hospitable in this country. have played a key role in the fight for leave and then spend more time with So, to them, on behalf of myself, my SGR reform. That fight continues. all the grandchildren back home in family, and my staff, I extend my deep- Though it would be hard to let the Marietta. est thanks for allowing us to serve you Doctors Caucus go, to give up that So in short, Mr. Speaker, I guess you in this House of Representatives. leadership, to say good-bye to my col- could say I am proud of the past, and I To my wife, Billie; my three daugh- leagues, I extend my thanks to them, am excited for what the future may ters, Gannon, Phyllis, and Laura-Neill; who joined with me as Members of that hold. But today, I am just happy to say and my son, Billy, I am forever grate- caucus. And I am confident that the that I am leaving. I feel confident that ful that you all have stayed by my side group will continue its valuable work this body is better prepared for the fu- and that you have supported me for many, many years to come. ture than it was when even I got here. throughout my public service. I I would also like to take a moment I want to thank, again, all of my col- wouldn’t be where I am today without to thank my Democratic colleagues, leagues on both sides of the aisle, Re- your sacrifices. To my family, a huge, people like my good friend from New publicans and Democrats, and, of heartfelt thanks. Jersey (Mr. PASCRELL), who is sitting course, last but not least, the people of Mr. Speaker, to my colleagues, it has here in the Chamber. And I would also Georgia’s 11th Congressional District been the honor of a lifetime to serve like to thank Representative GENE for giving me this opportunity, this with all of you. The respect I have for GREEN from Texas and many others for honor, and this privilege. each and every one transcends ideology putting party lines aside and joining And I would be remiss, Mr. Speaker, and party line. I have made some of the with me to lead on a number of fights, if I closed without honoring our mili- greatest memories of my life with you, not the least of which is the threat of tary heroes, the men and women and and I hope to stay connected with all of antibiotic-resistant ‘‘superbugs,’’ a their families who have paid so much you in the years to come. growing threat in hospitals all across sacrifice for this great country. Of course, in order to be successful in the country. We worked so hard on I think over 40 have given their lives this body, one must have a great staff. that legislation, and we were so proud in Iraq and Afghanistan and have paid Thank you to each and every one of the to see it pass—yes, in a bipartisan fash- that last full measure. staffers who has shown such great de- ion—through the Energy and Com- I just want to say, I will never forget votion in serving the people and in merce Committee under the leadership you, Patti and Jamie Saylor, and your helping me to serve them in the 11th of Chairman UPTON; the vice chairman great son, your hero Paul, who gave his District of Georgia. of the committee; the ranking member life for our country. Thank you all for joining in my fight of the committee, HENRY WAXMAN; the Mr. Speaker, I thank you for this op- to protect the freedoms of the Geor- chairman of the Health Subcommittee, portunity and the time tonight, and I gians we serve and for working tire- JOE PITTS; and the ranking member of yield back the balance of my time. lessly for me for a better America. the Health Subcommittee and now f I entered into Congress during a time ranking member of the overall com- of great unrest, not even 2 years after mittee, Mr. FRANK PALLONE. We REAPPOINTMENT AS MEMBER TO the 9/11 attacks in New York City. worked together. And this is the way NATIONAL COMMITTEE ON VITAL Since then, I have been honored to that exemplifies what public service AND HEALTH STATISTICS have been a part of this body as it has should be all about, identifying a prob- The SPEAKER pro tempore. The faced some of the largest challenges of lem and then working together to solve Chair announces the Speaker’s re- the new millennia: the global war on it without regard to party lines. appointment, pursuant to section

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.118 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9040 CONGRESSIONAL RECORD — HOUSE December 10, 2014 306(k) of the Public Health Service Act ically passed in this House, although fruits on the line and everybody gets a (42 USC 242k), and the order of the we didn’t like it. We cooperated. We chance and an opportunity. House of January 3, 2013, of the fol- didn’t try to undercut. We did not try The stock market is up over 165 per- lowing individual on the part of the to minimize. But the record will show cent since the low it hit at the depths House to the National Committee on that Democrats stood up, shook off of the recession. While stocks have Vital and Health Statistics for a term their loss, and became part of what fully recovered and continue to set of 4 years: American democracy is all about. We record highs, the job market has lagged Dr. Vickie M. Mays, Los Angeles, cooperated. behind, not recovering all the jobs lost California. Now, what have we had from the in the recession until just 6 months f other side of the aisle? We have had no ago, 5 years after the recession offi- cooperation. We have had very little cially ended. DEPARTING MEMBERS goodwill. We have had, simply speak- In my home State of New Jersey, The SPEAKER pro tempore. Under ing, no poetry whatsoever. In fact, just total employment is still well below the Speaker’s announced policy of Jan- the opposite. We have seen the seeds where we were at the start of the reces- uary 3, 2013, the Chair recognizes the sown in division, in fear, in dishar- sion. There are over 130,000 fewer jobs gentleman from New Jersey (Mr. PAS- mony. in New Jersey than in December of CRELL) for 30 minutes. The American Recovery and Rein- 2007. Our unemployment rate is nearly Mr. PASCRELL. Mr. Speaker, I vestment Act, which passed in Feb- a full point higher than the national would like to say to the gentleman ruary of 2009, our first response to the average. Take heed what happens to from Georgia, before he leaves the crisis, received zero votes from our your own State, never mind what hap- floor, that I wish him the best of luck, friends on the other side of the aisle. pens in other States. Doc. And I wish the other Doc, the gen- We know now that this bill saved or Wages have also been stagnant, stuck tleman from Washington who has al- created 3.6 million jobs in this country, at around 2 percent for the last few ready left the floor, the best of luck. although it was far too small to dig us years. If wage growth had been a more The gentleman from New Jersey, RUSH out of the hole. But we were on our robust 4 percent—enough to factor in HOLT, who is going to speak after me, way. inflation and growth in productivity— is leaving as well. The Affordable Care Act will allow a the average worker would be making And I must say some things about all new generation of entrepreneurs to cre- more than $3 more per hour today than three of you, if I may, because you fit ate a business, provide incentives for they are. That is a fact. It is undeni- into these particular characteristics. small business to offer health insur- able. The three of you are gentlemen. The ance, and attract qualified employees, b 2100 three of you are real patriots. The even cut health care costs growth to It is undeniable. This is because, for three of you are civil in every respect. unheard of levels, freeing up cash so example, during the first 3 years since The three of you have a good sense of that businesses can invest more and the end of the recession, the top 1 per- the Congress. The three of you have a hire more workers—again, zero votes cent of Americans captured 95 percent great respect for the institution. And from our friends on the other side. of the entire country’s income gains. you will be missed. And then when you lose, you under- This wage stagnation didn’t just start God bless you. Godspeed. And good mine as much as is humanly possible. with the recession. luck to you and your families. Where was the other side of the aisle Incomes for the middle class had THE AMERICAN ECONOMY when the unemployment insurance for been stagnant for the past 15 years, and Mr. Speaker, I rise today to discuss long-term unemployed expired, cutting if you adjust for inflation, middle class the state of our Nation’s economy. I off 3.6 million Americans, including wages are lower than they were in 1989. have been waiting for this opportunity, 350,000 veterans, at the end of Sep- That is a fact. There are many reasons Mr. Speaker. This is the time to do it. tember of 2014? When we had lost over for the middle class to feel like they Six years ago, when President Obama 550,000 government jobs, dragging down are left out, like the recovery has left raised his hand on the steps of the Cap- our economy, our entire economic re- them behind. It is because the entire itol of the United States of America covery, instead of working to keep peo- economy is leaving them behind. and was sworn in as President, we were ple on the job, my friends on the other This year, it seems like we may have losing over 800,000 jobs every month, side of the aisle were pushing more and finally begun to turn that corner, and and these were mostly middle-income more disastrous, job-killing budget our economic recovery is still and real- and lower-income Americans who were cuts. ly accelerating. Last week, the Bureau out of work. In the final 6 months of And, Mr. Speaker, let me say this: of Labor Statistics reported that the President Bush’s administration, we The record will bear me out. We now economy created 321,000 jobs. lost 3.5 million jobs. By the time the have the lowest number of Federal em- That makes for 57 straight months of recession was over, 8.8 million Ameri- ployees, the lowest amount of employ- job growth, the longest streak of con- cans were out of work. The ending of ees, since 1966. So when our friends on secutive months of job creation on that recession technically was in June the other side talk about Big Govern- record for a total of over 10.9 million of 2009, but we did not start to create ment, they ought to know about it new jobs. For the last 10 of these new jobs until March of 2010, and many since they created it. We have had the months, we have created over 200,000 of those jobs came from the census lowest amount of Federal workers. And jobs per month. That is the first time that was going on that year. for the last 5 or 6 years, many of those we have had a streak of that with ro- Our country’s gross domestic prod- workers—forget about us—have not bust job creation since the 1990s. uct, GDP, in the fourth quarter of even gotten a cost of living increase. The 321,000 jobs created in November 2008—the last months of President So you can understand very clearly brings the total number of jobs created Bush’s administration—decreased by why the American people are frus- just this year to 2.65 million jobs, so 8.9 percent. That is an unbelievable trated with the pace of our recovery. with 1 month to go, we have already number. And President Bush was not And in many ways, I share their frus- created more jobs—get this—than any solely responsible; we all shared in our tration. It has taken far too long, and year since the 1990s. Now, those are financial demise. We have been digging the fruits of the recovery have not been some of the statistics about the job ourselves out of this deep, deep hole equally distributed. numbers you might read in USA ever since, with almost no help from During the recovery, incomes have Today. our friends on the other side. been flat for the vast majority of Manufacturing is the linchpin of our And I am glad my friend from Geor- Americans while the folks at the top of economy, adding 28,000 good-paying gia mentioned that legislation that we the income scale are doing better than jobs just last month for a total nearly passed in 2003, plan D. Because right ever. No one should try to undermine of three-quarters of a million new jobs. after we lost that debate and lost that anybody making a living and a good Wages, as I mentioned, have been stag- vote, we became part and parcel of that living, but everybody should be part of nant. You will see a nice monthly gain legislation which had been democrat- making sure that there are shared of 0.4 percent.

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.120 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9041 We have not had a month this year growth, and our credit rating was the benefit of my constituents to whom when wages have fallen, and for the downgraded for the first time in our I owe much. first time since 2008, we have had 4 history. All of these economic wounds When people call my office, we an- months where they have grown at least were self-inflicted. swer the phone, ‘‘Representative RUSH 0.3 percent. The average workweek in- To his credit, the new majority lead- HOLT.’’ Mr. Speaker, here in the House, creased to 34.6 hours, meaning more er, Senator MCCONNELL, has stated he for each of us, Representative is our workers are finding full-time employ- doesn’t want another shutdown or de- title and our job description. It is an ment, instead of part-time jobs. fault in our debt. However, as our honor and a privilege for each of us to According to the Labor Department, Speaker, Mr. BOEHNER, has learned represent about three-quarters of a we are seeing increasing churn in the that sometimes the leader of the party million people, to represent them here job market with the highest number of will have a hard time keeping his in the people’s House, this House, that employees being hired for jobs and vol- troops in line. Every leader finds that is the focal point of the U.S. Govern- untarily quitting their jobs since early out. ment laid out in article I, section 1, of 2008. This means more workers are con- With our recovery finally picking up the Constitution, right at the begin- fident enough in the job market steam, the ideologues must cast aside ning. strength to leave and look for a better their mentality of legislating by tak- Despite all the well-publicized frus- opportunity. ing the economy hostage. This includes trations of this place, this House is the The first week average of weekly job- not only our debt ceiling and averting greatest instrument for justice and less claims has been below 300,000 for a government shutdown, but also the human welfare in the world. We are a the last several months, another wel- myriad of other deadlines Congress central part of the most successful ex- come sign, and according to the Com- must deal with in the new year: the ex- periment in human advancement in merce Department, construction spend- piration of the highway funding, pre- history. We must not forget that. ing increased 1.1 percent in October, in- venting a cut in Medicare payments to Speaking of not forgetting, we would cluding a 1.8 percent increase in home doctors, and expiring tax provisions. all do well to develop a stronger sense building. Republicans and Democrats must of history, a sense among ourselves and Total construction spending is up 3.3 come together really to tackle these our country. It is with a sense of his- percent from last year, part of the rea- issues in a way that accelerates our on- tory that we realize what progress we son why unemployment amongst con- going recovery. We simply cannot get have made as a country. struction workers has fallen from 8.6 caught up in the endless In this time of frustration and cyni- percent to 7.5 percent for the last year. brinksmanship and bickering that has cism, we should take note: the success I say to the American people: we defined the past 4 years. of America economically, culturally, know it has been a long, tough road Failure to do so would be an insult to and socially has not been an accident, over the last couple of years and the the middle class who are just starting and it was not destined. Our success de- last couple of decades; we know many to see the fruits of recovery in their rives from our chosen system of gov- of us have been frustrated that it has pocketbooks. Unemployment is finally erning ourselves. Without a sense of taken so long to get back on our feet, down to the lowest rate in years, and history, one cannot recognize progress, but today, the American worker is the we saw a big jump in hourly earnings and humans need a sense of progress. strongest in the world. in this past week. When I was first elected to Congress We should feel good that not only are Combined with the continued drop in 16 years ago, some people asked me: we on the right track, but we are mov- gas prices, not once did I ever see ‘‘Why would a scientist leave a good re- ing faster. The only thing now that someone come to this floor and give search institution to get into the muck could hold us back is if we sabotage the the President credit for anything on of politics?’’ The simple answer was economy by returning to some of the the other side—not once—whether it that it was too important not to. favorite old tactics, shut the place was falling gas prices—and we know Sure, it was satisfying to win an elec- down, shutting down the government, what happened when the prices went up tion in a district where many said it or defaulting on our national debt. We a few years ago. Not once did we see couldn’t be done, where no one of my are now only 1 day away from shutting anything about the 321 new created party had been elected in almost any- down the government. jobs. Not one person came to this floor. one’s memory, but it was clear to me The last time, the tantrum over de- He has done a few things right, my that this was not a game of politics; it fending affordable care cost us $24 bil- brothers and sisters, believe it or not, was a fight to defend the soul of Amer- lion. I don’t know who the austere and if you do admit it, nothing is going ica. party is. I don’t know who the party is to happen to you. Believe me, nothing I came here an optimist about our that is going to watch every dime that will happen to you. country, our people, and their govern- is being spent. Twenty-four billion dol- Combined with these gas prices going ment, and I leave an optimist. I have lars is not chump change, and that re- down, the positive impact of the Presi- had the help of many people, volun- sulted in 120,000 fewer jobs being cre- dent’s immigration order, which will teers, staff and colleagues, smart, in- ated. We are going to have to be a little bring money into America’s Treasury, spiring, tireless. I think of many. bit more creative than just shutting we are on a track for a great year for I will mention several by name: my down the government. Maybe they will the American worker. The best thing wife, Margaret Lancefield; my chief only try to shut down parts of the gov- Congress could do to make sure that and deputy chief, Chris Gaston and ernment. happens is simple: just get out of the Sarah Steward; and looking back, I But this pales in comparison to the way. I say that with all respect. think of those who have died during negative economic impact of brink- Now, Mr. Speaker, it is my honor to my time here. manship over our country’s debt ceil- yield to the gentleman from New Jer- As I speak here in glowing terms ing. We all know just how devastating sey (Mr. HOLT). about our government, successes of actually refusing to raise the debt ceil- A PRIVILEGE TO SERVE IN THE HOUSE OF this ingenious system of balancing ing could be. REPRESENTATIVES competing interests, I would be obtuse Credit markets would freeze, interest Mr. HOLT. I thank my colleague, Mr. not to recognize that many are dis- rates would skyrocket, and the dollar PASCRELL from New Jersey, for under- couraged about their government. would crash. Even the possibility of scoring the importance of what we do Some politicians even foster distrust in hitting the debt limit does serious here in this House. Those are not just government, taking people beyond the damage for our economy. The first numbers on a page that he was quoting; traditional healthy American skep- time we did this back in 2011, consumer those are people’s lives and livelihoods, ticism to real destructive cynicism. confidence declined to levels not seen and we have work to do. In every era, there have been since the Lehman Brothers collapsed in As I prepare to wind up my service naysayers: ‘‘The government is broken, 2008. here after 16 years, I seek the indul- special interests rule, and all politi- Business uncertainty is not what we gence of my friend here and our col- cians are corrupt.’’ I know that is not need. That has led to a slowing of job leagues to make a few observations for true.

VerDate Sep 11 2014 08:11 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.122 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9042 CONGRESSIONAL RECORD — HOUSE December 10, 2014 I am reminded daily that through nology Assessment to provide Congress EXECUTIVE COMMUNICATIONS, diligent and committed service to the with badly needed assistance. Others ETC. people that a Representative can en- remaining in Congress may move our Under clause 2 of rule XIV, executive sure that each person knows that she country appreciably toward more sus- communications were taken from the or he has a part in our democracy, a di- tainable practices. My colleagues here Speaker’s table and referred as follows: rect connection to his or her govern- may yet reform the intelligence com- 8203. A letter from the Associate Adminis- ment, and that cooperative action, yes, munity. And acting with the recogni- trator, Agricultural Marketing Service, government, benefits them. tion that peace is the best security, Fruit and Vegetable Program, Department of We must continually show our con- others may work to move our Nation Agriculture, transmitting the Department’s stituents that we are committed to al- away from militaristic responses to so final rule — Irish Potatoes Grown in Certain ways improving the mechanisms of many problems. Designated Counties in Idaho, and Malheur County, Oregon; Modification of Container good democratic government: voting, Again, this work over 16 years has Requirements [Doc. No.: AMS-FV-14-0046; legislation, and addressing grievances. been an honor and a great satisfaction. FV14-945-2 FIR] received December 3, 2014, After eight terms, I look back with I thank my family and my staff. Espe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- satisfaction at some things accom- cially, I thank the people of central mittee on Agriculture. plished: preserving land and bits of his- New Jersey for this opportunity to 8204. A letter from the Associate Adminis- tory; improving educational opportuni- serve. trator, Department of Agriculture, transmit- ting the Department’s final rule — Process ties; supporting education in science Mr. Speaker, I yield back the balance for Establishing Rates Charged for AMS and foreign languages; expanding ac- of my time. Services [Document Number: AMS-LPS-13- cess to excellent health care, especially 0050] (RIN: 0581-AD36) received December 3, mental health care for our military f 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the veterans; protecting families’ economic Committee on Agriculture. security in their nonwage-earning 8205. A letter from the Congressional Re- REPORT ON RESOLUTION PRO- view Coordinator, Animal and Plant Health years; protecting postal workers when VIDING FOR CONSIDERATION OF Inspection Service, Department of Agri- they are exposed to anthrax; enhancing THE SENATE AMENDMENT TO culture, transmitting the Department’s final the reliability, accessibility, and H.R. 83, INSULAR AREAS AND rule — Highly Pathogenic Avian Influenza auditability of voting; strengthening FREELY ASSOCIATED STATES [Docket No.: APHIS-2006-0074] (RIN: 0579- civil protections of Muslim Americans ENERGY DEVELOPMENT; AC36) received December 1, 2014, pursuant to and other minority groups; strength- 5 U.S.C. 801(a)(1)(A); to the Committee on WAIVING REQUIREMENT OF Agriculture. ening fairness in the workplace for CLAUSE 6(a) OF RULE XIII WITH 8206. A letter from the Associate Adminis- LGBT workers; and increasing support RESPECT TO CONSIDERATION OF trator, Agricultural Marketing Service, De- for scientific research. CERTAIN RESOLUTIONS; AND partment of Agriculture, transmitting the Through it all, our primary job, I FOR OTHER PURPOSES Department’s final rule — Avocados Grown would say, has been to beat back the in South Florida and Imported Avocados; cynicism about our ability as Ameri- Mr. COLE, from the Committee on Clarification of the Avocado Grade Require- cans to govern ourselves. Of course, we Rules, submitted a privileged report ments [Doc. No.: AMS-FV-13-0069; FV13-915-3 FR] received December 3, 2014, pursuant to 5 understand that passing laws and ap- (Rept. No. 113–655) on the resolution (H. Res. 776) providing for consideration of U.S.C. 801(a)(1)(A); to the Committee on Ag- propriating money is only part of a riculture. Representative’s work. the Senate amendment to the bill (H.R. 8207. A letter from the Assistant Secretary, I have taken opportunities to speak 83) to require the Secretary of the Inte- Department of Defense, transmitting the De- out about injustice, to extol people and rior to assemble a team of technical, partment’s Fiscal Year 2014 Annual Report programs that work well, to voice sup- policy, and financial experts to address on the Regional Defense Combating Ter- rorism Fellowship Program, pursuant to 10 port for people who need a kind word the energy needs of the insular areas of the United States and the Freely Asso- U.S.C. 2249c; to the Committee on Armed and more, a little help. I present a vi- Services. sion for a government—not a govern- ciated States through the development 8208. A letter from the Under Secretary, ment that vanishes, but a government of energy action plans aimed at pro- Department of Defense, transmitting a letter that works for its citizens. moting access to affordable, reliable on the approved retirement of General Of course, not all problems can be energy, including increasing use of in- Charles H. Jacoby, Jr., United States Army, and his advancement on the retired list to fixed by government, but it can be re- digenous clean-energy resources, and for other purposes; waiving a require- the grade of general; to the Committee on assuring and uplifting to people to Armed Services. know that other people have their ment of clause 6(a) of rule XIII with re- 8209. A letter from the Secretary, Depart- backs and can help; yes, that is govern- spect to consideration of certain reso- ment of Agriculture, transmitting the In- ment. lutions reported from the Committee spector General’s semiannual report to Con- I continue to speak against intrusive on Rules; and for other purposes, which gress for the reporting period ending Sep- tember 30, 2014, pursuant to 5 U.S.C. app. surveillance by government that treats was referred to the House Calendar and ordered to be printed. (Insp. Gen. Act) section 5(b); to the Com- people as suspects first and citizens mittee on Oversight and Government Re- second. I have joined with others here form. to preserve our national legacies, our f 8210. A letter from the Chairman, Con- land and resources, a clean environ- sumer Product Safety Commission, trans- ment and to preserve memories of LEAVE OF ABSENCE mitting Fiscal Year 2014 Agency Financial Report; to the Committee on Oversight and where we come from, and with my By unanimous consent, leave of ab- Government Reform. science background, I always try to sence was granted to: 8211. A letter from the Departmental Free- present arguments based on evidence Mr. CAPUANO (at the request of Ms. dom of Information and Privacy Act Officer, and open review. PELOSI) for December 9 and the balance Department of Commerce, transmitting the On many issues and in many votes, I of the week on account of a family Department’s final rule — Public Informa- have found myself outvoted and in a tion, Freedom of Information Act and Pri- medical emergency. vacy Act Regulations [Docket No.: 140127076- minority, but it helps to recall the 4811-02] (RIN: 0605-AA33) received December words of Justice Ruth Bader Ginsburg f 4, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to who has spoken about the satisfaction the Committee on Oversight and Govern- in crafting a strong dissenting opinion ADJOURNMENT ment Reform. with the hope or expectation that it 8212. A letter from the Administrator, will become the prevailing majority Mr. COLE. Mr. Speaker, I move that Saint Lawrence Seaway Development Cor- poration, Department of Transportation, opinion. the House do now adjourn. The motion was agreed to; accord- transmitting the Corporation’s annual finan- b 2115 cial audit and management report for the fis- ingly (at 9 o’clock and 17 minutes cal year ending September 30, 2014, in accord- I am reminded of many shortcomings p.m.), under its previous order, the ance with OMB Circular A-136; to the Com- and work unfinished. Others may suc- House adjourned until tomorrow, mittee on Oversight and Government Re- ceed in reviving the Office of Tech- Thursday, December 11, 2014, at 9 a.m. form.

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K10DE7.123 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9043 8213. A letter from the Assistant General Administration, transmitting the Adminis- ulatory Area of the Gulf of Alaska Manage- Counsel, General Law, Ethics, and Regula- tration’s temporary rule; closure — Fisheries ment Area [Docket No.: 130925836-4174-02] tion, Department of the Treasury, transmit- of the Exclusive Economic Zone Off Alaska; (RIN: 0648-XD589) received December 3, 2014, ting a report pursuant to the Federal Vacan- Pacific Cod by Vessels Using Pot Gear in the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cies Reform Act of 1998; to the Committee on Central Regulatory Area of the Gulf of Alas- mittee on Natural Resources. Oversight and Government Reform. ka [Docket No.: 130925836-4174-02] (RIN: 0648- 8231. A letter from the Assistant Secretary 8214. A letter from the Senior Counsel for XD610) received December 3, 2014, pursuant for Legislative Affairs, Department of Home- Regulatory Affairs, Department of the to 5 U.S.C. 801(a)(1)(A); to the Committee on land Security, transmitting the Report of Treasury, transmitting the Department’s Natural Resources. the Department’s Office for Civil Rights and final rule — Supplemental Standards of Eth- 8224. A letter from the Acting Director, Of- Civil Liberties, covering the first and second ical Conduct for Employees of the Depart- fice of Sustainable Fisheries, Greater Atlan- quarters of FY 2014, from October 1, 2013, to ment of the Treasury received November 25, tic Region, National Oceanic and Atmos- March 31, 2014; to the Committee on Home- 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the pheric Administration, transmitting the Ad- land Security. Committee on Oversight and Government ministration’s temporary rule — Fisheries of 8232. A letter from the Assistant Secretary, Reform. the Northeastern United States; Atlantic Legislative Affairs, Department of State, 8215. A letter from the Chairman and Mem- Mackerel, Squid, and Butterfish Fishery; No- transmitting pursuant to section 7(a) of the bers, Federal Labor Relations Authority, tification of Butterfish Quota Transfer Jerusalem Embassy Act of 1995 (Pub. L. 104- transmitting the semiannual report of the [Docket No.: 130903775-4276-02] (RIN: 0648- 45), a copy of Presidential Determination No. Inspector General of the Federal Labor Rela- XD603) received December 3, 2014, pursuant 2015-03 suspending the limitation on the obli- tions Authority for the period April 1, 2014, to 5 U.S.C. 801(a)(1)(A); to the Committee on gation of the State Department Appropria- through September 30, 2014, pursuant to 5 Natural Resources. tions contained in Sections 3(b) and 7(b) of U.S.C. app. (Insp. Gen. Act), section 5(b); 8225. A letter from the Acting Director, Of- this Act for six months as well as the peri- Public Law 95-452, section 5(b); to the Com- fice of Sustainable Fisheries/Alaska Region, odic report provided for under Section 6 of mittee on Oversight and Government Re- NMFS, National Oceanic and Atmospheric the Act, covering the period from June 5, form. Administration, transmitting the Adminis- 2014 to the present; jointly to the Commit- 8216. A letter from the Acting Director, Of- tration’s temporary inseason rule — Fish- tees on Foreign Affairs and Appropriations. fice of the Federal Register, National Ar- eries of the Exclusive Economic Zone Off chives and Records Administration, trans- Alaska; Thornyhead Rockfish in the Western f mitting the Administration’s final rule — In- Regulatory Area of the Gulf of Alaska REPORTS OF COMMITTEES ON corporation by Reference [Docket Number: [Docket No.: 130925836-4174-02] (RIN: 0648- PUBLIC BILLS AND RESOLUTIONS OFR-2013-0001] (RIN: 3095-AB78) received De- XD626) received December 3, 2014, pursuant cember 3, 2014, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XIII, reports of 801(a)(1)(A); to the Committee on Oversight Natural Resources. committees were delivered to the Clerk and Government Reform. 8226. A letter from the Acting Director, Of- for printing and reference to the proper 8217. A letter from the Acting Chairman, fice of Sustainable Fisheries/Alaska Region, calendar, as follows: National Transportation Safety Board, NMFS, National Oceanic and Atmospheric Mr. COLE: Committee on Rules. House transmitting in accordance with Section Administration, transmitting the Adminis- Resolution 776. Resolution providing for con- 647(b) of Division F of the Consolidated Ap- tration’s temporary inseason, closure rule — sideration of the Senate amendment to the propriations Act, FY 2004, Pub. L. 108-199, the Fisheries of the Exclusive Economic Zone bill (H.R. 83) to require the Secretary of the Board’s Report on Fiscal Year 2014 Competi- Off Alaska; Pacific Ocean Perch in the Ber- Interior to assemble a team of technical, pol- tive Sourcing Efforts; to the Committee on ing Sea Subarea of the Bering Sea and Aleu- icy, and financial experts to address the en- Oversight and Government Reform. tian Islands Management Area [Docket No.: ergy needs of the insular areas of the United 8218. A letter from the Chairman, Nuclear 131021878-4158-02] (RIN: 0648-XD623) received States and the Freely Associated States Regulatory Commission, transmitting the December 3, 2014, pursuant to 5 U.S.C. through the development of energy action FY 2014 Performance and Accountability Re- 801(a)(1)(A); to the Committee on Natural plans aimed at promoting access to afford- port, prepared in accordance with the Re- Resources. able, reliable energy, including increasing ports Consolidation Act of 2000 and the Gov- 8227. A letter from the Acting Director, Of- use of indigenous clean-energy resources, ernment Performance and Results Act Mod- fice of Sustainable Fisheries/Alaska Region, and for other purposes; waiving a require- ernization Act of 2010; to the Committee on NMFS, National Oceanic and Atmospheric ment of clause 6(a) of rule XIII with respect Oversight and Government Reform. Administration, transmitting the Adminis- 8219. A letter from the Acting Auditor, Of- tration’s temporary rule — Fisheries of the to consideration of certain resolutions re- fice of the District of Columbia Auditor, Exclusive Economic Zone Off Alaska; Sev- ported from the Committee on Rules; and for transmitting a report entitled ‘‘Certification eral Groundfish Species in the Bering Sea other purposes (Rept. 113–655). Referred to of Fiscal Year 2015 Total Local Source Gen- and Aleutian Islands Management Area the House Calendar. eral Fund Revenue Estimate (Net of Dedi- [Docket No.: 131021878-4158-02] (RIN: 0648- f cated Taxes) in Support of the District’s XD624) received December 3, 2014, pursuant Issuance of General Obligation Bonds (Series to 5 U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS 2014C and 2014D)’’; to the Committee on Natural Resources. Under clause 2 of rule XII, public Oversight and Government Reform. 8228. A letter from the Acting Director, Of- bills and resolutions of the following 8220. A letter from the Board Members, fice of Sustainable Fisheries/Greater Atlan- titles were introduced and severally re- tic Region, NMFS, National Oceanic and At- Railroad Retirement Board, transmitting ferred, as follows: the Board’s Performance and Accountability mospheric Administration, transmitting the Report for Fiscal Year 2014, including the Of- Administration’s temporary rule — Fisheries By Mr. CAMP: fice of Inspector General’s Auditor’s Report; of the Northeastern United States; Bluefish H.R. 1. A bill to amend the Internal Rev- to the Committee on Oversight and Govern- Fishery; Quota Transfer [Docket No.: enue Code of 1986 to provide for comprehen- ment Reform. 140214138-4482-02] (RIN: 0648-XD584) received sive tax reform; to the Committee on Ways 8221. A letter from the Acting Commis- December 3, 2014, pursuant to 5 U.S.C. and Means. sioner, Social Security Administration, 801(a)(1)(A); to the Committee on Natural By Mr. ROYCE (for himself and Mr. transmitting the semiannual report to Con- Resources. CAMP): gress on the activities of the Office of Inspec- 8229. A letter from the Acting Director, Of- H.R. 5825. A bill to amend the Internal Rev- tor General for the period April 1, 2014, fice of Sustainable Fisheries/West Coast Re- enue Code of 1986 to prevent foreign dip- through September 30, 2014, pursuant to 5 gion, NMFS, National Oceanic and Atmos- lomats from being eligible to receive health U.S.C. app. (Insp. Gen. Act), section 5(b); pheric Administration, transmitting the Ad- insurance premium tax credits and health in- Public Law 95-452, section 5(b); to the Com- ministration’s inseason rule — Magnuson- surance cost-sharing reductions, and for mittee on Oversight and Government Re- Stevens Act Provisions; Fisheries Off West other purposes; to the Committee on Ways form. Coast States; Biennial Specifications and and Means, and in addition to the Commit- 8222. A letter from the Chief Operating Of- Management Measures; Inseason Adjust- tees on Energy and Commerce, and Foreign ficer/Acting Executive Director, U.S. Elec- ments [Docket No.: 120814338-2711-02] (RIN: Affairs, for a period to be subsequently de- tion Assistance Commission, transmitting 0648-BE59) received December 3, 2014, pursu- termined by the Speaker, in each case for the Semiannual Report of the Inspector Gen- ant to 5 U.S.C. 801(a)(1)(A); to the Committee consideration of such provisions as fall with- eral for the period April 1, 2014, through Sep- on Natural Resources. in the jurisdiction of the committee con- tember 30, 2014, pursuant to 5 U.S.C. app. 8230. A letter from the Acting Director, Of- cerned. (Insp. Gen. Act), section 5(b); Public Law 95- fice of Sustainable Fisheries/Alaska Region, By Mr. PASCRELL: 452, section 5(b); to the Committee on Over- NMFS, National Oceanic and Atmospheric H.R. 5826. A bill to amend the Federal sight and Government Reform. Administration, transmitting the Adminis- Water Pollution Control Act to reauthorize 8223. A letter from the Acting Director, Of- tration’s temporary rule — Fisheries of the the sewer overflow control grants program, fice of Sustainable Fisheries/Alaska Region, Exclusive Economic Zone Off Alaska; Re- and for other purposes; to the Committee on NMFS, National Oceanic and Atmospheric allocation of Pacific Cod in the Western Reg- Transportation and Infrastructure.

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By Mr. MCCAUL (for himself, Mr. H.R. 5836. A bill to assist in the conserva- quently determined by the Speaker, in each JONES, and Mr. POE of Texas): tion of rare felids and rare canids by sup- case for consideration of such provisions as H.R. 5827. A bill to exclude ‘‘Choose and porting and providing financial resources for fall within the jurisdiction of the committee Cut’’ Christmas tree producers from the the conservation programs of nations within concerned. Christmas tree promotion, research, and in- the range of rare felid and rare canid popu- By Mr. SMITH of New Jersey: formation order; to the Committee on Agri- lations and projects of persons with dem- H.R. 5846. A bill to amend the Inter- culture. onstrated expertise in the conservation of national Religious Freedom Act of 1998 to By Mr. CARTWRIGHT (for himself and rare felid and rare canid populations; to the improve the ability of the United States to Mr. ELLISON): Committee on Natural Resources. protect religious freedom globally through H.R. 5828. A bill to provide for USA Retire- By Mr. HASTINGS of Florida: enhanced diplomacy, training, counterter- ment Funds, and for other purposes; to the H.R. 5837. A bill to provide for the estab- rorism, and foreign assistance efforts, and Committee on Education and the Workforce, lishment of a global affairs strategy and as- through stronger and more timely and flexi- and in addition to the Committee on Ways sistance for people of African descent, and ble political responses to religious freedom and Means, for a period to be subsequently for other purposes; to the Committee on For- violations worldwide, and for other purposes; determined by the Speaker, in each case for eign Affairs. to the Committee on Foreign Affairs, and in consideration of such provisions as fall with- By Ms. JACKSON LEE (for herself, Mr. addition to the Committees on Financial in the jurisdiction of the committee con- JOHNSON of Georgia, Mr. DANNY K. Services, and Oversight and Government Re- cerned. DAVIS of Illinois, Mr. THOMPSON of form, for a period to be subsequently deter- By Mr. LIPINSKI: Mississippi, Mr. COHEN, and Mr. NAD- mined by the Speaker, in each case for con- H.R. 5829. A bill to amend the Internal Rev- LER): sideration of such provisions as fall within enue Code of 1986 to provide an exception for H.R. 5838. A bill to require non-Federal the jurisdiction of the committee concerned. certain public-private research arrange- prisons and detention facilities holding Fed- By Mr. STOCKMAN: ments from the business use test for pur- eral prisoners under a contract with the Fed- H.R. 5847. A bill to abolish civil asset for- poses of determining private activity bonds; eral Government to make available to the feiture to the Federal Government; to the to the Committee on Ways and Means. public the same information pertaining to Committee on the Judiciary. By Mr. JOHNSON of Georgia (for him- facility operations and to prisoners held in By Mr. ROGERS of Kentucky: self, Mr. ELLISON, Ms. JACKSON LEE, such facilities that Federal prisons and de- H.J. Res. 130. A joint resolution making Mr. GRAYSON, Ms. NORTON, Mr. RAN- tention facilities are required to make avail- further continuing appropriations for fiscal GEL, Mr. CUMMINGS, Mr. CLAY, Ms. able; to the Committee on the Judiciary. year 2015, and for other purposes; to the LEE of California, and Mr. CONYERS): By Mr. ISRAEL: Committee on Appropriations. H.R. 5830. A bill to provide that in the case H.R. 5839. A bill to amend title II of the El- By Mr. ROGERS of Kentucky: of a law enforcement officer who uses deadly ementary and Secondary Education Act of H. Con. Res. 122. Concurrent resolution force against a person, and thereby causes 1965 to establish a Federal ‘‘Grow Your Own providing for a correction in the enrollment the death of that person, a hearing shall be Teacher’’ program, and for other purposes; to of H.R. 83; to the Committee on Appropria- conducted before a judge to determine the Committee on Education and the Work- tions, and in addition to the Committee on whether there is probable cause for the State force. House Administration, for a period to be sub- to bring criminal charges against the law en- By Mr. ISRAEL (for himself, Mr. RAN- sequently determined by the Speaker, in forcement officer relating to the death of the GEL, and Mrs. CAPPS): each case for consideration of such provi- person, and for other purposes; to the Com- H.R. 5840. A bill to amend the Public sions as fall within the jurisdiction of the mittee on the Judiciary. Health Service Act to authorize the Sec- committee concerned. By Mr. JOHNSON of Georgia (for him- retary of Health and Human Services to By Mr. MCKEON: self and Mr. CLAY): make grants to eligible entities to train ele- H. Con. Res. 123. Concurrent resolution di- H.R. 5831. A bill to amend title 18, United mentary and secondary school nurses on how recting the Clerk of the House of Representa- States Code, to provide a penalty for violent to respond to a biological or chemical attack tives to make a correction in the enrollment crimes by certain State or local law enforce- or an outbreak of pandemic influenza in a of the bill H.R. 3979; considered and agreed ment officers, and for other purposes; to the school building or on school grounds; to the to. considered and agreed to. Committee on the Judiciary. Committee on Energy and Commerce. By Mr. CRENSHAW: By Mr. THOMPSON of Pennsylvania By Mr. ISRAEL: H. Con. Res. 124. Concurrent resolution (for himself, Mr. WALZ, Mr. RANGEL, H.R. 5841. A bill to establish a grant pro- providing for a correction in the enrollment Ms. SHEA-PORTER, Mr. CRAMER, Mr. gram to provide States with funds to detect of H.R. 5771; considered and agreed to. con- RUSH, Mr. MARINO, Mr. AMODEI, Mr. fraud, waste, and abuse in the State Med- sidered and agreed to. BARLETTA, Mr. KELLY of Pennsyl- icaid programs under title XIX of the Social By Mr. LOWENTHAL (for himself, Mr. vania, Mr. FITZPATRICK, Mr. WILSON Security Act and to recover improper pay- CARSON of Indiana, Mr. CARTWRIGHT, of South Carolina, and Mr. PERRY): ments resulting from such fraud, waste, and Mr. CICILLINE, Mr. CONYERS, Mr. H.R. 5832. A bill to amend title 10, United abuse; to the Committee on Energy and CROWLEY, Mr. ELLISON, Ms. ESTY, Mr. States Code, to modify the enhanced selec- Commerce. FARR, Mr. GUTIE´ RREZ, Ms. HAHN, Mr. tive discharge authority currently available By Mr. ISRAEL: HINOJOSA, Mr. HONDA, Ms. JACKSON to the Secretary of a military department to H.R. 5842. A bill to direct the Secretary of LEE, Ms. LEE of California, Mr. permit a commissioned officer in the Armed Labor to establish a competitive grant pro- LEVIN, Ms. LOFGREN, Ms. MCCOLLUM, Forces who was appointed from the enlisted gram for community colleges to train vet- Mr. MCDERMOTT, Mr. MCGOVERN, Mr. ranks and has at least 20 years of service, at erans for local jobs; to the Committee on MCNERNEY, Mrs. NAPOLITANO, Mr. least four years of which has been commis- Veterans’ Affairs. PETERS of California, Ms. LORETTA sioned service, to retire in the officer’s com- By Mr. LANGEVIN (for himself, Ms. SANCHEZ of California, Mr. SHERMAN, missioned rank; to the Committee on Armed CLARK of Massachusetts, and Ms. and Ms. SPEIER): Services. SHEA-PORTER): H. Res. 777. A resolution recognizing the By Mr. CAMP (for himself and Mr. H.R. 5843. A bill to amend the Fair Credit 66th anniversary of the Universal Declara- LEVIN): Reporting Act to create protected credit re- tion of Human Rights and the celebration of H.R. 5833. A bill to require upon request a ports for minors and protect the credit of mi- ‘‘Human Rights Day‘‘; to the Committee on probable cause hearing in connection with nors, and for other purposes; to the Com- Foreign Affairs. property seizures relating to certain mone- mittee on Financial Services. By Ms. SCHAKOWSKY (for herself, Mr. tary instruments transactions; to the Com- By Mr. POCAN (for himself and Ms. COOPER, Ms. DUCKWORTH, and Mr. ROE mittee on Financial Services. SCHAKOWSKY): of Tennessee): By Mr. FOSTER (for himself and Mr. H.R. 5844. A bill to ban hydraulic frac- H. Res. 778. A resolution supporting the CA´ RDENAS): turing on land owned by the United States designation of a week as National Federal H.R. 5834. A bill to include reasonable costs and leased to a third party, and for other Nurse Recognition Week; to the Committee for high-speed Internet service in the utility purposes; to the Committee on Natural Re- on Energy and Commerce. allowances for families residing in public sources. f housing, and for other purposes; to the Com- By Mr. SENSENBRENNER (for him- mittee on Financial Services. self, Mr. SCOTT of Virginia, Mr. RYAN CONSTITUTIONAL AUTHORITY By Mr. GENE GREEN of Texas: of Ohio, Ms. BASS, Mr. MARINO, and STATEMENT H.R. 5835. A bill to amend the Federal Mr. JOYCE): Pursuant to clause 7 of rule XII of Food, Drug, and Cosmetic Act and the Public H.R. 5845. A bill to authorize the Attorney the Rules of the House of Representa- Health Service Act with respect to making General to award grants to address the na- tives, the following statements are sub- progress toward the goal of eliminating tu- tional epidemics of prescription opioid abuse berculosis, and for other purposes; to the and heroin use; to the Committee on the Ju- mitted regarding the specific powers Committee on Energy and Commerce. diciary, and in addition to the Committees granted to Congress in the Constitu- By Mr. GRIJALVA (for himself and Mr. on Energy and Commerce, and Education tion to enact the accompanying bill or JONES): and the Workforce, for a period to be subse- joint resolution.

VerDate Sep 11 2014 06:07 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\L10DE7.100 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE December 10, 2014 CONGRESSIONAL RECORD — HOUSE H9045 By Mr. CAMP: Congress has the power to enact this legis- of the purse, granting Congress the author- H.R. 1. lation pursuant to the following: ity to appropriate funds, to determine their Congress has the power to enact this legis- Article 1, Section 8 purpose, amount, and period of availability, lation pursuant to the following: By Ms. JACKSON LEE: and to set forth terms and conditions gov- Article 1, section 8, clauses 1 and 18 of the H.R. 5838. erning their use. United States Constitution, and Amendment Congress has the power to enact this legis- f XVI of the United States Constitution. lation pursuant to the following: By Mr. ROYCE: This bill is enacted pursuant to the power ADDITIONAL SPONSORS H.R. 5825. granted to Congress under Article 1, Section Under clause 7 of rule XII, sponsors Congress has the power to enact this legis- 8, Clause 1 of the United States Constitution. lation pursuant to the following: By Mr. ISRAEL: were added to public bills and resolu- Article I, Section 8 of the Constitution. H.R. 5839. tions, as follows: By Mr. PASCRELL: Congress has the power to enact this legis- H.R. 383: Mr. GRAYSON. H.R. 5826. lation pursuant to the following: H.R. 763: Mr. PETERSON. Congress has the power to enact this legis- Article I, Section 8, Clause 3 of the United H.R. 851: Mr. ISRAEL. lation pursuant to the following: States Constitution H.R. 880: Mr. CARTWRIGHT. Article I, Section 8 By Mr. ISRAEL: H.R. 1070: Mr. ENGEL and Mr. LEWIS. By Mr. MCCAUL: H.R. 5840. H.R. 1179: Mr. REED. H.R. 5827. Congress has the power to enact this legis- H.R. 1312: Mr. NADLER. Congress has the power to enact this legis- lation pursuant to the following: H.R. 1428: Mr. NUGENT. lation pursuant to the following: Article I, Section 8, Clause 3 of the United H.R. 1695: Ms. WILSON of Florida. Article I, Sec. 8: The Congress shall have States Constitution H.R. 1698: Ms. WILSON of Florida. Power To law and collect Taxes, Duties, Im- By Mr. ISRAEL: H.R. 1827: Ms. DELBENE. posts and Excises . . . H.R. 5841. H.R. 1953: Ms. WILSON of Florida. By Mr. CARTWRIGHT: Congress has the power to enact this legis- H.R. 2618: Ms. WILSON of Florida. H.R. 5828. lation pursuant to the following: H.R. 2638: Mr. STEWART and Mr. SMITH of Congress has the power to enact this legis- Article I, Section 8, Clause 1 of the United Washington. lation pursuant to the following: States Constitution H.R. 2767: Mr. YODER. Article 1, Section 8, Clause 1 of the U.S. By Mr. ISRAEL: H.R. 2852: Ms. WILSON of Florida. Constitution relating to the power of Con- H.R. 5842. H.R. 3101: Mrs. CAROLYN B. MALONEY of gress to provide for the common defense and Congress has the power to enact this legis- New York. general welfare of the United States. lation pursuant to the following: H.R. 3116: Ms. CLARK of Massachusetts, Mr. Article 3, Section 8, Clause 3 of the U.S. Article I, Section 8, Clause 3 of the United ROE of Tennessee, Mrs. BROOKS of Indiana, Constitution relating to the power of Con- States Constitution and Mr. COBLE. gress to regulate commerce. By Mr. LANGEVIN: H.R. 3543: Mr. AL GREEN of Texas. By Mr. LIPINSKI: H.R. 5843. H.R. 3571: Mr. CONNOLLY, Mr. COSTA, Mr. H.R. 5829. Congress has the power to enact this legis- RICHMOND, Ms. DELAURO, and Mr. NADLER. Congress has the power to enact this legis- lation pursuant to the following: H.R. 3717: Mr. ROONEY. lation pursuant to the following: Article I, section 8 of the Constitution of H.R. 4084: Mr. HONDA. Article 1, Section 8 and the 16th Amend- the United States grant Congress the author- H.R. 4161: Ms. WILSON of Florida. ment of the U.S. Constitution. ity to enact this bill. H.R. 4305: Mr. SESSIONS. By Mr. JOHNSON of Georgia: By Mr. POCAN: H.R. 4612: Mr. MARCHANT and Mr. YODER. H.R. 5830. H.R. 5844. H.R. 4793: Ms. WILSON of Florida. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 4828: Ms. WILSON of Florida. lation pursuant to the following: lation pursuant to the following: H.R. 4833: Ms. WILSON of Florida. Clause 1 of section 8 of article I of the Con- Article I, Section 8, Clause 3 H.R. 4860: Ms. BASS. stitution of the United States. The Congress shall have Power. . . . To H.R. 4930: Mr. PERLMUTTER, Mr. POCAN, and By Mr. JOHNSON of Georgia: regulate Commerce with foreign Nations, Mr. WENSTRUP. H.R. 5831. and among the several states, and with the H.R. 4965: Ms. WILSON of Florida. Congress has the power to enact this legis- Indian Tribes. H.R. 5022: Mr. HUFFMAN and Ms. KAPTUR. lation pursuant to the following: Clause 1 of section 8 of article I of the Con- By Mr. SENSENBRENNER: H.R. 5101: Ms. WILSON of Florida. H.R. 5845. H.R. 5159: Mr. GUTIE´ RREZ. stitution of the United States. Congress has the power to enact this legis- H.R. 5190: Mr. HIMES. By Mr. THOMPSON of Pennsylvania: H.R. 5832. lation pursuant to the following: H.R. 5226: Mr. BISHOP of Utah. Congress has the power to enact this legis- Article I, Section 8, Clause I H.R. 5242: Mr. PETERS of California. lation pursuant to the following: By Mr. SMITH of New Jersey: H.R. 5280: Ms. WILSON of Florida. This bill is enacted pursuant to the power H.R. 5846. H.R. 5365: Mrs. CAROLYN B. MALONEY of granted to Congress under Article I, Section Congress has the power to enact this legis- New York. 8, Clause 14 of the United States Constitu- lation pursuant to the following: H.R. 5382: Ms. WILSON of Florida. tion which gives Congress the power ‘‘to Article I, Section 8 of the Constitution. H.R. 5443: Ms. SLAUGHTER. make Rules for the Government and Regula- By Mr. STOCKMAN: H.R. 5444: Ms. SLAUGHTER. H.R. 5524: Ms. WILSON of Florida. tion of the land and naval Forces.’’ H.R. 5847. H.R. 5533: Mr. LOWENTHAL and Mr. PAYNE. By Mr. CAMP: Congress has the power to enact this legis- H.R. 5833. lation pursuant to the following: H.R. 5589: Ms. WILSON of Florida. Congress has the power to enact this legis- Fifth Amendment of the Constitution of H.R. 5644: Mr. OLSON. lation pursuant to the following: the United States of America. H.R. 5663: Mr. KENNEDY and Mr. TONKO. Clauses 1 and 18 of Section 8 of Article I of ‘‘No person shall be . . . deprived of life, H.R. 5750: Mr. QUIGLEY. the United States Constitution. liberty, or property, without due process of H.R. 5765: Mr. HUFFMAN. By Mr. FOSTER: law; nor shall private property be taken for H.R. 5782: Ms. SLAUGHTER. H.R. 5834. public use, without just compensation.’’ H.R. 5807: Mrs. DAVIS of California. Congress has the power to enact this legis- By Mr. ROGERS of Kentucky: H.R. 5813: Mr. KING of New York, Mr. SES- lation pursuant to the following: H.J. Res. 130. SIONS, Mr. ISRAEL, Mr. BISHOP of New York, This bill is enacted pursuant to the power Congress has the power to enact this legis- and Mrs. MCCARTHY of New York. granted to Congress under Article I, Section lation pursuant to the following: H.R. 5814: Mr. WALBERG, Mr. WILSON of 8 of the United States Constitution. The principal constitutional authority for South Carolina, Mrs. BLACKBURN, Mr. By Mr. GENE GREEN of Texas: this legislation is clause 7 of section 9 of ar- FRANKS of Arizona, Mr. CRAMER, and Mr. H.R. 5835. ticle I of the Constitution of the United CONAWAY. Congress has the power to enact this legis- States (the appropriation power), which H. Con. Res. 91: Mr. ROYCE. lation pursuant to the following: states: ‘‘No Money shall be drawn from the H. Res. 109: Mr. ISRAEL. clause 1 of section 8 of Article I of the Con- Treasury, but in Consequence of Appropria- H. Res. 407: Ms. WILSON of Florida. stitution. tions made by Law . . . .’’ In addition, clause H. Res. 582: Mr. RANGEL and Mr. DEUTCH. By Mr. GRIJALVA: 1 of section 8 of article I of the Constitution H. Res. 688: Mr. GARAMENDI, Mr. SCHRADER, H.R. 5836. (the spending power) provides: ‘‘The Con- and Ms. KAPTUR. Congress has the power to enact this legis- gress shall have the Power . . . to pay the H. Res. 711: Mr. GRAYSON. lation pursuant to the following: Debts and provide for the common Defence H. Res. 735: Mr. SCHOCK. U.S. Const. art. I, §§ 1 and 8. and general Welfare of the United States . . H. Res. 755: Ms. WILSON of Florida. By Mr. HASTINGS of Florida: . .’’ Together, these specific constitutional H. Res. 772: Mr. LANCE and Mr. MCCLIN- H.R. 5837. provisions establish the congressional power TOCK.

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.057 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H9046 CONGRESSIONAL RECORD — HOUSE December 10, 2014 CONGRESSIONAL EARMARKS, LIM- limited tax benefits, or limited tariff other purposes, does not contain any con- ITED TAX BENEFITS, OR LIM- benefits were submitted as follows: gressional earmarks, limited tax benefits, or ITED TARIFF BENEFITS limited tariff benefits as defined in clause 9 OFFERED BY MR. ROGERS OF KENTUCKY of rule XXI. Under clause 9 of rule XXI, lists or H.J. Res. 130, making further continuing statements on congressional earmarks, appropriations for fiscal year 2015, and for

VerDate Sep 11 2014 07:59 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\A10DE7.062 H10DEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE