Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, FIRST SESSION

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

Vol. 161 WASHINGTON, TUESDAY, JUNE 9, 2015 No. 91 House of Representatives The House met at noon and was data on law-abiding American citizens, power in the Gulf and produced what called to order by the Speaker pro tem- a clear violation of the Fourth Amend- we have today: the chaos we have pore (Mr. FARENTHOLD). ment. today; al Qaeda in Iraq—never there f I also commend Senator PAUL for his until we invaded; ISIS—never there courageous statement a couple of until we invaded; the mess we have in DESIGNATION OF SPEAKER PRO weeks ago. He said: ‘‘ISIS exists and Yemen. Everything that’s happening in TEMPORE grew stronger because the hawks in our the Middle East today can be attrib- The SPEAKER pro tempore laid be- party gave arms indiscriminately, and uted to our having destroyed the bal- fore the House the following commu- most of those arms were snatched by ance of power that we had carefully nication from the Speaker: ISIS. They’’—the hawks in our party— maintained for half a century with the WASHINGTON, DC, ‘‘created these people.’’ invasion in 2003. It was a disaster.’’ June 9, 2015. Unfortunately, Louisiana’s Governor, Thank you, Lawrence Wilkerson, for I hereby appoint the Honorable BLAKE Bobby Jindal, criticized my friend Sen- telling the truth. FARENTHOLD to act as Speaker pro tempore ator PAUL by saying he is ‘‘unsuited to Like Colonel Wilkerson said, every- on this day. be Commander in Chief.’’ It is obvious one knows the intelligence was manip- JOHN A. BOEHNER, Governor Jindal does not know about ulated to trick the American people Speaker of the House of Representatives. the manipulation of intelligence that and the Congress into thinking the f led us into the Iraq war. Iraq war was necessary. In fact, it was In a 2006 article for Time magazine, not, and it created the vacuum of MORNING-HOUR DEBATE Lieutenant General Greg Newbold, power that exists today and that ISIS The SPEAKER pro tempore. Pursu- whom I met with shortly after he takes advantage of. ant to the order of the House of Janu- wrote the article, stated: ‘‘From 2000 Also, I would like to say, Mr. Speak- ary 6, 2015, the Chair will now recog- until 2002, I was a Marine Corps Lieu- er, as I have a poster here of the Air nize Members from lists submitted by tenant General and Director of Oper- Force removing an American hero from the majority and minority leaders for ations for the Joint Chiefs of Staff. the plane in a flag-draped coffin: be- morning-hour debate. After 9/11, I was a witness and, there- cause of that unnecessary war in Iraq, The Chair will alternate recognition fore, a party to the actions that led us we lost over 4,000 Americans; because between the parties, with each party to the invasion of Iraq, an unnecessary of that unnecessary war in Iraq, we had limited to 1 hour and each Member war. Inside the military family, I made over 30,000 wounded. So in closing, Mr. Speaker, I would other than the majority and minority no secret of my view that the zealots’ first like to thank our men and women leaders and the minority whip limited rationale for war made no sense.’’ in uniform, their families, and the fam- to 5 minutes, but in no event shall de- Later in the article, Lieutenant Gen- ilies who gave a child dying for free- bate continue beyond 1:50 p.m. eral Newbold states: ‘‘The distortion of dom in Afghanistan and Iraq. f intelligence in the buildup to the war I also would like to say: Thank you, led us to the unnecessary war in Iraq.’’ THE TRUTH IS WHAT CAN SAVE Senator PAUL, for standing up for the The distortion of intelligence, Mr. truth. The truth is what can save AMERICA Speaker, is what led us to that war in America. Thank you, Senator PAUL. The SPEAKER pro tempore. The Iraq. Chair recognizes the gentleman from Last month, when Governor Jeb Bush f North Carolina (Mr. JONES) for 5 min- justified his brother’s war in Iraq, my REMEMBERING JOHN NASH utes. friend Colonel Lawrence Wilkerson, The SPEAKER pro tempore. The Mr. JONES. Mr. Speaker, I am on the who was chief of staff to former Sec- Chair recognizes the gentleman from House floor today to express my retary of State Colin Powell, appeared West Virginia (Mr. JENKINS) for 5 min- thanks to Senator RAND PAUL for his on MSNBC’s ‘‘The Ed Show,’’ where utes. 11-hour filibuster of the PATRIOT Act Wilkerson said: ‘‘The intelligence was Mr. JENKINS of West Virginia. Mr. reauthorization on May 31. fixed, and everyone should know that Speaker, on May 23, 2015, the world lost I voted against the USA FREEDOM by now. It was a failure of the intel- one of the brightest mathematicians of Act, which would have reauthorized ligence agencies, but it was also a fail- the 20th century. John Nash, Jr., and the PATRIOT Act, because the NSA ure of the political people who manipu- his wife, Alicia, were tragically killed spying program allows for the Federal lated the intelligence failure to their in a car accident, and I offer my sin- Government to gather bulk private own benefit. It destroyed the balance of cerest condolences to their family.

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

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VerDate Sep 11 2014 23:57 Jun 09, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.000 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3924 CONGRESSIONAL RECORD — HOUSE June 9, 2015 John Nash, Jr., was born in Bluefield, lem by dramatically restricting the ple have the right to the own their in- West Virginia, on June 13, 1928. At a right of all Americans to sue in order tellectual property, unless the inven- young age, he displayed immense intel- to address those who have violated tors that are the basis of many of our ligence and an affinity for mathe- their rights in the name of usurping new industries know that they will matics. Many may know Dr. Nash’s those who have been called patent control their patent and that some big story from the movie, ‘‘A Beautiful trolls. A patent troll is someone who corporation won’t just come along and Mind,’’ where he was portrayed by has purchased the right for a patent steal it. actor Russell Crowe, but many are un- from an inventor and now has that This goes so far as to limit and to say aware of the groundbreaking impacts property right himself. In the name of that, for example, one of the provisions he had in the field of mathematics and restricting those patent trolls from en- in the bill, if an inventor sues a major economics. forcing the right that they have bought company that has stolen his or her pat- In 1994, Dr. Nash shared a Nobel Prize from the inventor, they are dramati- ent, well, not only now will the inven- in economics for his work on game the- cally restricting those people, both the tor be liable for the costs of the litiga- ory. Dr. Nash’s work developed the inventors and anyone else who owns tion, but anybody who has invested in concept of an equilibrium in non- these intellectual property rights his patent will then be liable for those cooperative games that has come to be known as patents. court costs. Who the heck will ever in- known as the Nash equilibrium. Today, Early provisions of this bill, and al- vest in an inventor when he is up economics students across the world most every provision of this bill, make against a megacorporation? No, we are familiar with Dr. Nash’s contribu- it more difficult for the inventor to should not be permitting the theft of tions to the field of economics, study- protect himself against the theft of the intellectual property rights of our ing the Nash equilibrium and game huge corporations. And there you go; inventors. theory exclusively. huge, multinational corporations are I would ask my colleagues to pay at- He revolutionized economics, and his seeking to destroy America’s patent tention to H.R. 9. I would ask the work will have lasting impacts in busi- system. American people to get ahold of your ness, sports, politics, and is even appli- I have been fighting this for 25 years. Congressman and make sure he under- cable to nuclear deterrence theories. They have been fighting it because stands how heinous this bill is that has Dr. Nash’s work in pure mathematics they want to take the property of already, as I say, been opposed by is just as important and revolutionary American inventors, and they don’t every major university in this country as his work on game theory. want to pay for it—surprise, surprise. and, of course, every group of inventors Dr. John Nash was not only a genius, So they passed legislation in the name in this country. he was also an advocate for those suf- of stopping frivolous lawsuits that pre- If it was the Innovation Act, as the fering from mental health issues. As vent people with legitimate lawsuits title would suggest, why would the in- many who have seen the film know, Dr. from actually obtaining the justice ventors be against it? Nash suffered from mental illness. He they deserve. This will undercut Amer- I would ask my colleagues to join me used his struggles as a way to help oth- ican innovation. It will destroy the in- in opposing H.R. 9 as it is marked up in ers with mental health problems, be- dividual inventors. the Judiciary Committee this coming coming a staunch supporter for aware- Almost every American university Thursday. ness and outreach for those with men- now has come out opposed to this be- f tal health issues. cause they have found that the result Dr. Nash’s advocacy work and bril- of this bill, by restricting the people’s FREE TRADE IN AMERICA liance will be missed by so many. This right to actually defend their own in- The SPEAKER pro tempore. The Saturday would have been John Nash’s tellectual property rights, will under- Chair recognizes the gentleman from 87th birthday. Dr. Nash was clearly mine the value—dramatically decrease Louisiana (Mr. GRAVES) for 5 minutes. taken from us too soon, but his work the value—of patents, which will mean Mr. GRAVES of Louisiana. Mr. and his advocacy will live on. The best people won’t invest in patents, which Speaker, I am a big proponent and sup- way we can honor his legacy is to con- means the universities now have less porter of free trade. I think the Amer- tinue his fight for treatment, for edu- resources. Who will benefit? Large cor- ican workforce is so productive. I think cation, and for dignity for those facing porations, multinational corporations that American businesses and our in- mental health issues and their fami- with no loyalty to the United States dustries are so productive and so inno- lies. will then have the power to take from vative that we can compete in the glob- f our inventors their inventions. al markets. I am confident that our in- This is a game changer for American novation and that our workforce can OPPOSING THE AMERICAN innovation. It is the anti-innovation compete and we can win, when given an INNOVATION ACT act. I ask my colleagues to please pay opportunity, again, to compete in glob- The SPEAKER pro tempore. The attention to H.R. 9. Don’t let them al markets. Chair recognizes the gentleman from push this over. Don’t let this crony At home, the U.S. Chamber of Com- California (Mr. ROHRABACHER) for 5 capitalism being done using a decoy, merce has determined that the State of minutes. meaning the patent trolls, get away Louisiana is the top export State in Mr. ROHRABACHER. Mr. Speaker, from the fact that they are actually the United States. In fact, one out of today I would like to alert my col- trying to destroy the system for legiti- every five jobs in our State is tied back leagues, Democrats and Republicans, mate inventors. to our waterways, and that is because and I would like to alert the American As I say, I have been fighting this for we are home to 5 of the top 15 ports in people that there is a monstrous piece 25 years. We have seen this in many the United States. of legislation that will do great dam- forms. The last time, the decoy was age to our country and to the welfare submarine patentors. This time it is b 1215 of the American people making its way patent trolls. We have an awful lot to export at through the Judiciary Committee. The fact is that none of this is an ex- home. We have a huge petrochemical In fact, the Judiciary Committee will cuse to dramatically decrease the abil- industry, one of the largest ones in the have a markup this Thursday of what ity of our inventors to own what the United States. Large agriculture—in is called the American Innovation Act, Constitution gives them: a 15- to 17- fact, over half the grains from the Mid- H.R. 9. This, in reality, is the anti-in- year period where they own what they west from American farms come down novation act. It is one of the most invented; thus, they can make a profit through our port system and are then egregious examples of crony capitalism from it. This would have destroyed all exported around the country, around that I have witnessed in this body as I of the young inventors that made such the world. have been here for the last 26 years. a difference in the American way of We are home to all six class I rail This legislation uses a legitimate life. lines, only one of two places in the problem, which is frivolous lawsuits, We will not be prosperous and we will United States that actually has all six and then portends to solve that prob- not be secure unless the American peo- class I rail lines in our State.

VerDate Sep 11 2014 23:57 Jun 09, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.003 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3925 Free trade can be good for America; my life, of my career, working to re- The question was taken; and the it can be good for our country, good for store the environment, working to re- Speaker pro tempore announced that our businesses, good for our families, if store the ecological function of south the ayes appeared to have it. it is fair trade, and that is where my Louisiana, of our coastal area, of our Mr. WILSON of South Carolina. Mr. concerns come in, is our ability to fisheries, and of our wetlands. I am a Speaker, I object to the vote on the compete fairly. big proponent of the environment. ground that a quorum is not present The President said: ‘‘High-standard But, Mr. Speaker, I am concerned and make the point of order that a trade helps level the playing field for that, as we move forward with free quorum is not present. American workers’’—‘‘high-standard trade, under the policies being put The SPEAKER pro tempore. Pursu- trade helps level the playing field.’’ forth by this administration, American ant to clause 8, rule XX, further pro- The problem is that, when you compare workers are going to have their hands ceedings on this question will be post- the cost of compliance in the United tied behind their back in the cost of poned. States with environmental policies, complying with environmental regula- The point of no quorum is considered with tax policies, and with labor regu- tion, the cost of complying with the ex- withdrawn. lations, it is not a level playing field in pensive tax regulation in the United the United States. In fact, it is extraor- States, and the cost of extraordinary f dinarily out of balance. labor regulation. The National Association of Manu- I will say in closing, Mr. Speaker, I PLEDGE OF ALLEGIANCE facturers estimates that in 2012 alone, am a proponent of free trade, but it that the American workforce wasted must be fair trade. The SPEAKER pro tempore. Will the gentleman from Michigan (Mr. KILDEE) 4.2 billion hours just complying with f regulations, 4.2 billion. The Competi- come forward and lead the House in the tive Enterprise Institute estimates RECESS Pledge of Allegiance. that $1.88 trillion in lost economic pro- The SPEAKER pro tempore. Pursu- Mr. KILDEE led the Pledge of Alle- ductivity and higher prices were expe- ant to clause 12(a) of rule I, the Chair giance as follows: rienced by the American workforce and declares the House in recess until 2 I pledge allegiance to the Flag of the by American families across the coun- p.m. today. United States of America, and to the Repub- try, again, $1.88 trillion in 2014. Accordingly (at 12 o’clock and 20 lic for which it stands, one nation under God, CEI also did a study that estimated minutes p.m.), the House stood in re- indivisible, with liberty and justice for all. that, for every small business in the cess. f United States, for each employee that f small business has, that they pay over $11,000 a year just complying with Fed- b 1400 CYBERATTACK STANDARDS STUDY eral regulations. If the total cost of the AFTER RECESS ACT aggregate cost of Federal regulations The recess having expired, the House (Mr. WILSON of South Carolina were at GDP—were at gross domestic was called to order by the Speaker pro asked and was given permission to ad- product—it would rank behind Russia’s tempore (Mr. WOMACK) at 2 p.m. dress the House for 1 minute and to re- economy and just ahead of India’s f vise and extend his remarks.) economy. There are extraordinary Mr. WILSON of South Carolina. Mr. costs. In fact, it is a backdoor way to PRAYER Speaker, recent cyber attacks tar- tax our families. The Chaplain, the Reverend Patrick geting the personal data of Americans Eighty-eight percent of the manufac- J. Conroy, offered the following prayer: make it clear cyber is a new domain of turers in the United States, according Eternal God, we give You thanks for warfare that threatens personal infor- to a survey done by NAM, 88 percent giving us another day. mation, financial security, and the identified Federal regulations as being As the days grow warmer throughout physical safety of our citizens. Last their top concern in regard to their our land, major legislative issues loom week, millions more were affected ability to compete on a level playing with the potential of warmer debate when the Office of Personnel Manage- field. and disagreement. ment’s network was compromised. If you take, for example, tax compli- Bless the Members of the people’s This complicated nature of cyber de- ance alone, tax policies are going to House with the graces they need to en- fense means we need a clear standard cost $1.7 trillion over the next 10 years, gage one another as colleagues of the of measurement for assessing the dam- as proposed by the current administra- 114th Congress, entrusted by America’s age of attacks on our citizens and to tion, $1.7 trillion on top of all of these citizens to forge solutions to the major affected computer systems and devices. other extraordinary costs that I have issues facing our time, be they in agri- It is for this reason that I have intro- covered to date. culture, transportation, or areas of na- One of the huge costs that we have in duced the Cyberattack Standards tional security. Study Act today to instruct the Direc- the environmental world is the ozone Grant to each an extra measure of standard. There has been a proposal to tor of National Intelligence, in con- wisdom and magnanimity that all sultation with the Secretary of Home- change the ozone standard. Some have might work together for a better fu- said that the ozone standard being pro- land Security, the Director of the FBI, ture for our great Nation. and the Secretary of Defense, to define posed, Yellowstone National Park May all that is done this day be for a method of quantifying cyber inci- couldn’t comply with; yet they want Your greater honor and glory. dents for the purpose of determining a the State of Louisiana, where I rep- Amen. response. resent, to comply with this new ozone f standard. Recent cyber attacks are a sobering When we had the top—or one of the THE JOURNAL reminder that Congress, all govern- top petrochemical industries in the The SPEAKER pro tempore. The ment agencies, and private companies United States, that standard is esti- Chair has examined the Journal of the and citizens need to work together to mated to cost perhaps—it is estimated last day’s proceedings and announces better protect our public and private to be the most expensive Federal regu- to the House his approval thereof. networks now. lation in history. It could cost over $2 Pursuant to clause 1, rule I, the Jour- I appreciate the research of legisla- trillion to comply with the regula- nal stands approved. tive director Taylor Andreae and mili- tion—over $140 billion per year it could Mr. WILSON of South Carolina. Mr. tary fellow Major Jacob Barton for cost to comply with the regulation. In Speaker, pursuant to clause 1, rule I, I their service in providing the ability to our home State of Louisiana alone, demand a vote on agreeing to the establish this legislation. nearly 34,000 jobs are estimated to be Speaker’s approval of the Journal. In conclusion, God bless our troops lost on an annual basis. The SPEAKER pro tempore. The and may the President by his actions Mr. Speaker, I am a proponent of the question is on the Speaker’s approval never forget September the 11th in the environment. I spent years and years of of the Journal. global war on terrorism.

VerDate Sep 11 2014 23:57 Jun 09, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.004 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3926 CONGRESSIONAL RECORD — HOUSE June 9, 2015 SUPPORT THE EXPORT-IMPORT days to act in order to reauthorize the will postpone further proceedings BANK Export-Import Bank. today on motions to suspend the rules (Mr. KILDEE asked and was given Reauthorizing the Bank is common on which a recorded vote or the yeas permission to address the House for 1 sense. Sadly, however, the opponents of and nays are ordered, or on which the the Bank are operating out of ideolog- minute.) vote incurs objection under clause 6 of Mr. KILDEE. Mr. Speaker, well, once ical fervor, not on facts. We should be rule XX. here dealing with and solving real again, the Republican leadership in Record votes on postponed questions problems, not endangering American Congress is bringing us to the brink, will be taken later. jobs with fantastical ideology. f this time by endangering hundreds of The truth of the matter is that the thousands of good-paying jobs by Bank is a vital free market economic UNITED STATES GRAIN STAND- threatening the Export-Import Bank. engine for our manufacturers, for ex- ARDS ACT REAUTHORIZATION The Export-Import Bank gives Amer- porters, and job creators. Last year ACT OF 2015 ican manufacturers the tools that they alone, the Bank financed $4 billion Mr. CONAWAY. Mr. Speaker, I move need to sell U.S. goods overseas. That worth of exports in my home State of to suspend the rules and pass the bill is direct and real support for American Texas, supporting thousands of hard- (H.R. 2088) to amend the United States businesses and real jobs for American working Americans. Grain Standards Act to improve in- workers, and it is all at no cost to the We cannot and should not let the spection services performed at export taxpayers. Bank expire. Let’s put an end to this For ideological reasons, this Bank elevators at export port locations, to nonsense. reauthorize certain authorities of the could close by June 30 if Congress does Mr. Speaker, I want to vote in our Secretary of Agriculture under such not act. It is more of the same of this House of Representatives on this issue. Act, and for other purposes, as amend- sort of reckless brinksmanship and ir- f responsible behavior that we have seen ed. The Clerk read the title of the bill. from the Republican leadership in Con- WORLD WAR II VETERAN The text of the bill is as follows: gress. SERGEANT HARRISON DOYLE One might ask: Why would you (Mr. BILIRAKIS asked and was given H.R. 2088 threaten hundreds of thousands of permission to address the House for 1 Be it enacted by the Senate and House of Rep- American jobs just to make an ideolog- minute and to revise and extend his re- resentatives of the United States of America in Congress assembled, ical point? If you want to make a marks.) SECTION 1. SHORT TITLE. point, send a letter; don’t threaten the Mr. BILIRAKIS. Mr. Speaker, today, I rise to talk about one of my heroic This Act may be cited as the ‘‘United American worker to pursue an extreme States Grain Standards Act Reauthorization ideological agenda. constituents, World War II veteran Ser- Act of 2015’’. geant Harrison Doyle. Mr. Speaker, enough is enough. Let’s SEC. 2. REAUTHORIZATION OF UNITED STATES end the political games. Let’s get back Sergeant Doyle was assigned the task GRAIN STANDARDS ACT. to the work we were sent here to do of recreating maps as a cartographer (a) POLICY AND PURPOSE OF ACT.—Section and support the Export-Import Bank based on the remains of destroyed Nazi 2(b) of the United States Grain Standards and our small businesses and the hard- maps and aerial photography. Act (7 U.S.C. 74(b)) is amended— Sergeant Doyle served in three thea- working Americans that depend upon (1) in paragraph (1), by striking ‘‘to both ters, including the Battle of the Bulge. domestic and foreign buyers’’ and inserting that. His contributions were crucial in recre- ‘‘responsive to the purchase specifications of f ating the topography into maps that domestic and foreign buyers’’; HONORING DR. RICHARD HELTON were used to win the Battle of the (2) by striking ‘‘and’’ at the end of paragraph (2); (Mr. BUCSHON asked and was given Bulge. Dedicated caseworkers in my office (3) by striking the period at the end of permission to address the House for 1 paragraph (3) and inserting ‘‘; and’’; and were able to help him recover lost per- (4) by adding at the end the following new minute and to revise and extend his re- sonnel records. They worked tirelessly marks.) paragraph: to get Sergeant Doyle’s personnel ‘‘(4) to provide an accurate, reliable, con- Mr. BUCSHON. Mr. Speaker, I rise records and medals, including the Eu- today to honor a fellow Hoosier, Dr. sistently available, and cost-effective official ropean-African-Middle East Campaign grain inspection and weighing system.’’. Richard Helton, the retiring president with Bronze Star attachment to give (b) DEFINITIONS.— of Vincennes University. him the recognition he deserves. (1) MAJOR DISASTER DEFINED.—Section 3 of Few have exemplified the univer- I am honored to represent Sergeant the United States Grain Standards Act (7 sity’s timeless motto, ‘‘Learn in order Doyle. Helping heroes like him and any U.S.C. 75) is amended by adding at the end to serve,’’ more clearly than Dr. constituents being stonewalled by a the following new paragraph: ‘‘(aa) The term ‘major disaster’ has the Helton. Under his dynamic leadership, Federal agency makes this job more this 214-year-old institution founded by meaning given that term in section 102(2) of meaningful. the Robert T. Stafford Disaster Relief and our ninth President, William Henry f Emergency Assistance Act (42 U.S.C. 5122(2)), Harrison, has become a cutting-edge RECESS except that the term includes a severe center for career and technical edu- weather incident causing a region-wide cation that offers students tangible, The SPEAKER pro tempore. Pursu- interruption of government services.’’. employable skills and an opportunity ant to clause 12(a) of rule I, the Chair (2) CONFORMING AMENDMENTS.—Section 3 of for lifelong growth. declares the House in recess until ap- the United States Grain Standards Act (7 Throughout his career, Dr. Helton proximately 3 p.m. today. U.S.C. 75) is further amended— has maintained a commitment to pub- Accordingly (at 2 o’clock and 9 min- (A) in the matter preceding paragraph (a), lic education that has positively im- utes p.m.), the House stood in recess. by striking ‘‘otherwise–’’ and inserting ‘‘otherwise:’’; pacted the lives of countless students. f (B) by striking ‘‘the term’’ at the begin- Our State has benefited greatly from b 1502 ning of each paragraph (other than para- his vision and will forever be indebted graphs (n) and (t)) and inserting ‘‘The term’’; for his service. AFTER RECESS (C) in paragraph (i)— Best wishes to Dick and Cindy Helton The recess having expired, the House (i) by striking ‘‘Act (the term’’ and insert- in the future ahead. was called to order by the Speaker pro ing ‘‘Act. The term’’; and (ii) by striking ‘‘);’’ and inserting a period; f tempore (Mr. SIMPSON) at 3 o’clock and 2 minutes p.m. (D) in paragraphs (n) and (t), by striking EXPORT-IMPORT BANK ‘‘the terms’’ and inserting ‘‘The terms’’; f (Mr. HINOJOSA asked and was given (E) in paragraph (o)— (i) by striking ‘‘personnel (the term’’ and permission to address the House for 1 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE inserting ‘‘personnel. The term’’; and minute.) (ii) by striking ‘‘);’’ and inserting a period; Mr. HINOJOSA. Mr. Speaker, as of The SPEAKER pro tempore. Pursu- (F) in paragraph (s), by striking ‘‘the verb’’ today, we have only 11 more legislative ant to clause 8 of rule XX, the Chair and inserting ‘‘The verb’’;

VerDate Sep 11 2014 23:57 Jun 09, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.006 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3927 (G) in paragraph (x)— tice of the application in the Federal Reg- 79(e)) and determine if the State agency is (i) by striking ‘‘conveyance (the terms’’ ister and provide a minimum 30-day com- qualified to continue to perform official in- and inserting ‘‘conveyance. The terms’’; and ment period on the application. spection services at export elevators at ex- (ii) by striking ‘‘accordingly);’’ and insert- ‘‘(B) Evaluate the comments received port port locations on behalf of the Sec- ing ‘‘accordingly.’’; under subparagraph (A) with respect to an retary under such section, as amended by (H) by striking the semicolon at the end of application and conduct an investigation to this subsection. The Secretary shall conduct each paragraph (other than paragraphs (i), determine whether the State agency that the review subject to the requirements of (o), (x), and (y)) and inserting a period; and submitted the application and its personnel section 7(e) of the United States Grain (I) in paragraph (y), by striking ‘‘; and’’ are qualified to perform official inspection Standards Act (7 U.S.C. 79(e)), as amended by and inserting a period. services on behalf of the Secretary. In con- this subsection, and a State agency deter- (c) OFFICIAL INSPECTION AND WEIGHING RE- ducting the investigation, the Secretary mined to be qualified to continue to perform QUIREMENTS.— shall consult with, and review the available such official inspection services shall be sub- (1) DISCRETIONARY WAIVER AUTHORITY.— files of the Department of Justice, the Office ject thereafter to such requirements. Section 5(a)(1) of the United States Grain of Inspector General of the Department of (e) CONTINUITY OF OPERATIONS.—Section Standards Act (7 U.S.C. 77(a)(1)) is amended Agriculture, and the Government Account- 7(e) of the United States Grain Standards in the first proviso by striking ‘‘may waive ability Office. Act (7 U.S.C. 79(e)) is further amended by in- the foregoing requirement in emergency’’ ‘‘(C) Make findings based on the results of serting after paragraph (4), as added by sub- and inserting ‘‘shall promptly waive the the investigation and consideration of public section (d), the following new paragraphs: foregoing requirement in the event of an comments received. ‘‘(5) Except in the case of a major disaster, emergency, a major disaster,’’. ‘‘(D) Publish a notice in the Federal Reg- the Secretary shall cause official inspections (2) WEIGHING REQUIREMENTS AT EXPORT ELE- ister announcing whether the State agency at an export elevator at an export port loca- VATORS.—Section 5(a)(2) of the United States has been delegated the authority to perform tion— Grain Standards Act (7 U.S.C. 77(a)(2)) is official inspection services at export ele- ‘‘(A) to be performed without interruption amended by striking ‘‘intracompany ship- vators at export port locations on behalf of by official inspection personnel employed by ments of grain into an export elevator by the Secretary, and the basis upon which the the Secretary or by a State agency delegated any mode of transportation, grain trans- Secretary has made the decision. such authority under paragraph (2) of this ferred into an export elevator by transpor- ‘‘(4)(A) Except in the case of a major dis- subsection; or tation modes other than barge,’’ and insert- aster, if a State agency that has been dele- ‘‘(B) if interrupted, to be resumed at the ing ‘‘shipments of grain into an export eleva- gated the authority to perform official in- export elevator by utilizing official inspector by any mode of transportation’’. spection services at export elevators at ex- tion personnel employed by the Secretary or (d) DELEGATION OF OFFICIAL INSPECTION AU- port port locations on behalf of the Sec- by another delegated State agency as pro- THORITY.— retary fails to perform such official services, vided under paragraph (2) of this subsection (1) AUTHORIZED INSPECTION PERSONNEL AT the Secretary shall submit to Congress, as follows: EXPORT ELEVATORS AT EXPORT PORT LOCA- within 90 days after the first day on which ‘‘(i) Within six hours after the interrup- TIONS.—Paragraph (1) of section 7(e) of the inspection services were not performed by tion, if the interruption is caused by a State United States Grain Standards Act (7 U.S.C. the delegated State agency, a report con- agency delegated such authority under this 79(e)) is amended to read as follows: taining— subsection and the Secretary received ad- ‘‘(1) Except as otherwise provided in para- ‘‘(i) the reasons for the State agency’s fail- vance notice of the interruption pursuant to graphs (3) and (4) of this subsection, the Sec- ure; and paragraph (4)(C) of this subsection. retary shall cause official inspection at ex- ‘‘(ii) the rationale as to whether or not the ‘‘(ii) Within 12 hours after the interrup- port elevators at export port locations, for Secretary will permit the State agency to re- tion, if the State agency failed to provide the all grain required or authorized to be in- tain its delegated authority. required advance notice of the interruption. spected by this Act, to be performed— ‘‘(B) A State agency may request that the ‘‘(6)(A) If the Secretary is unable to restore ‘‘(A) by official inspection personnel em- delegation of inspection authority to the official inspection services within the appli- ployed by the Secretary; or agency be canceled by providing written no- cable time period required by paragraph ‘‘(B) by other persons under contract with tice to the Secretary at least 90 days in ad- (5)(B) of this subsection, the interested per- the Secretary as provided in section 8 of this vance of the requested cancellation date. son requesting such services at the export el- Act.’’. ‘‘(C) If a State agency that has been dele- evator at an export port location shall be au- (2) DELEGATION TO STATE AGENCIES.—Sec- gated the authority under paragraph (2) of thorized to utilize official inspection per- tion 7(e) of the United States Grain Stand- this subsection to perform official inspection sonnel, as provided under section 8 of the ards Act (7 U.S.C. 79(e)) is amended— services at an export elevator at an export Act, employed by another State agency dele- (A) in paragraph (2)— port location on behalf of the Secretary in- gated authority under paragraph (2) of this (i) by striking ‘‘, meets the criteria’’ and tends to temporarily discontinue such offi- subsection or designated under subsection all that follows through ‘‘the Secretary may cial inspection services or weighing services (f)(1) of this section. delegate’’ and inserting ‘‘and meets the cri- for any reason, except in the case of a major ‘‘(B) A delegated or designated State agen- teria specified in subsection (f)(1)(A) of this disaster, the State agency shall notify the cy providing inspection services under subsection, the Secretary may delegate’’; Secretary in writing of its intention to do so paragraph (A) may, at its discretion, provide (ii) by striking ‘‘at export port locations at least 72 hours in advance of the dis- such services for a period of up to 90 days within the State, including export port loca- continuation date. The receipt of such prior from the date on which the services are initi- tions’’ and inserting ‘‘at export elevators at notice shall be considered by the Secretary ated, after which time the Secretary may re- export port locations within the State, in- as a mitigating factor in determining wheth- store official inspection services using offi- cluding at export elevators at export port lo- er to maintain or revoke the delegation of cial inspection personnel employed by the cations’’; and authority to the State agency.’’. Secretary or a State agency delegated such (iii) in the last sentence, by striking ‘‘Any (3) CONFORMING AMENDMENTS.—(A) Section authority under this subsection, if available. such delegation’’ and inserting ‘‘The delega- 7(f)(1) of the United States Grain Standards The State agency shall notify the Secretary tion under this paragraph of authority to Act (7 U.S.C. 79(f)(1)) is amended by striking in writing of its intention to discontinue in- conduct official inspection services shall be ‘‘other than at export port locations’’ and inspection services under subparagraph (A) at for a term not to exceed five years, and may serting ‘‘(other than at an export elevator at least 72 hours in advance of the discontinu- be renewed thereafter in accordance with an export port location)’’. ation date. this subsection, except that any such delega- (B) Section 16(d) of the United States ‘‘(7) Not later than 60 days after the date of tion’’; Grain Standards Act (7 U.S.C. 87e(d)) is the enactment of this paragraph, the Sec- (B) by transferring paragraph (4) to the end amended by striking ‘‘The Office of Inves- retary shall make available to the public, in- of subsection (f), redesignating such para- tigation of the Department of Agriculture cluding pursuant to a website maintained by graph as paragraph (5), and, in such para- (or such other organization or agency within the Secretary, a list of all delegated States graph, by striking ‘‘or subsection (f)’’ and in- the Department of Agriculture which may be and all official agencies authorized to per- serting ‘‘or subsection (e)’’; and delegated the authority, in lieu thereof, to form official inspections on behalf of the (C) by striking paragraph (3) and inserting conduct investigations on behalf of the De- Secretary. This list shall include the name, the following new paragraphs: partment of Agriculture)’’ and inserting contact information, and category of author- ‘‘(3) Prior to delegating authority to a ‘‘The Office of Inspector General of the De- ity granted. The Secretary shall update the State agency for the performance of official partment of Agriculture’’. list at least semiannually.’’. inspection services at export elevators at ex- (4) EVALUATION OF CURRENT DELEGATIONS.— (f) GEOGRAPHIC BOUNDARIES FOR OFFICIAL port port locations pursuant to paragraph (2) Not later than two years after the date of AGENCIES.— of this subsection, the Secretary shall com- the enactment of this Act, the Secretary of (1) OFFICIAL INSPECTION AUTHORITY.—Sec- ply with the following: Agriculture shall complete a review of each tion 7(f)(2) of the United States Grain Stand- ‘‘(A) Upon receipt of an application from a State agency that, as of the date of the en- ards Act (7 U.S.C. 79(f)(2)) is amended by State agency requesting the delegation of actment of this Act, has been delegated in- striking ‘‘the Secretary may’’ and all that authority to perform official inspection serv- spection authority under section 7(e) of the follows through the end of the paragraph and ices on behalf of the Secretary, publish no- United States Grain Standards Act (7 U.S.C. inserting the following: ‘‘the Secretary shall

VerDate Sep 11 2014 23:57 Jun 09, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.002 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3928 CONGRESSIONAL RECORD — HOUSE June 9, 2015 allow a designated official agency to cross amended by striking ‘‘triennially’’ and in- We should not delay in passing this re- boundary lines to carry out inspections in serting ‘‘every five years’’. authorization. another geographic area if— (2) PERSONS WHO MAY BE HIRED AS OFFICIAL I cannot emphasize enough: it is im- ‘‘(A) the current designated official agency INSPECTION PERSONNEL.—Section 8(e) of the for that geographic area is unable to provide United States Grain Standards Act (7 U.S.C. perative that these inspections and inspection services in a timely manner; 84(e)) is amended— weighing services are provided in a re- ‘‘(B) a person requesting inspection serv- (A) by striking ‘‘(on the date of enactment liable, uninterrupted, consistent, and ices in that geographic area requests a probe of the United States Grain Standards Act of cost-effective manner. To ensure that inspection on a barge-lot basis; or 1976)’’; we fulfill this obligation, we must pro- ‘‘(C) the current official agency for that ge- (B) by striking ‘‘the United States Grain vide a safeguard to ensure we avoid dis- ographic area agrees in writing with the ad- Standards Act’’ and inserting ‘‘this Act’’; ruptions in service like the one that jacent official agency to waive the current and took place last year in Washington geographic area restriction at the request of (C) by striking ‘‘, on the date of enactment the applicant for service.’’. of the United States Grain Standards Act of State. (2) WEIGHING AUTHORITY.—Section 7A(i)(2) 1976, was performing’’ and inserting ‘‘per- The Washington State Department of of the United States Grain Standards Act (7 forms’’. Agriculture currently provides inspec- U.S.C. 79a(i)(2)) is amended by striking ‘‘the (m) AUTHORIZATION OF APPROPRIATIONS.— tion and weighing services for grain in- Secretary may’’ and all that follows through Section 19 of the United States Grain Stand- tended for export at the Port of Van- the end of the paragraph and inserting the ards Act (7 U.S.C. 87h) is amended by strik- couver. USDA’s Federal Grain Inspec- following: ‘‘the Secretary shall allow a des- ing ‘‘2015’’ and inserting ‘‘2020’’. tion Service has delegated this respon- ignated official agency to cross boundary (n) EXPIRATION OF ADVISORY COMMITTEE.— lines to carry out weighing in another geo- Section 21(e) of the United States Grain sibility to the Washington State De- graphic area if— Standards Act (7 U.S.C. 87j(e)) is amended by partment of Agriculture. In the event ‘‘(A) the current designated official agency striking ‘‘September 30, 2015’’ and inserting that the Washington State Department for that geographic area is unable to provide ‘‘September 30, 2020’’. of Agriculture cannot provide services weighing services in a timely manner; or (o) TECHNICAL CORRECTIONS.—Section for any reason, then the Federal Gov- ‘‘(B) the current official agency for that 17B(b) of the United States Grain Standards ernment, through FGIS inspectors, are geographic area agrees in writing with the Act (7 U.S.C. 87f–2(b)) is amended— (1) by striking ‘‘notwithstanding the provi- statutorily required to step in and re- adjacent official agency to waive the current sume inspection and weighing services. geographic area restriction at the request of sions of section 812 of the Agricultural Act of the applicant for service.’’. 1970, as added by the Agriculture and Con- That is not what happened last sum- (g) DURATION OF DESIGNATIONS OF OFFICIAL sumer Protection Act of 1973 (7 U.S.C. 612c– mer. Amid an ongoing labor dispute, AGENCIES.—Section 7(g)(1) of the United 3)’’ and inserting ‘‘notwithstanding section WSDA discontinued services. In state- States Grain Standards Act (7 U.S.C. 79(g)(1)) 602 of the Agricultural Trade Act of 1978 (7 ments issued at the time, WSDA, the is amended by striking ‘‘triennially’’ and in- U.S.C. 5712)’’; and State-based program, acknowledged serting ‘‘every five years’’. (2) by striking ‘‘or the Secretary’’. they withheld inspection services be- (h) INSPECTION FEES.— The SPEAKER pro tempore. Pursu- cause of their belief that ‘‘the contin- (1) COLLECTION AND AMOUNTS.—Section ant to the rule, the gentleman from 7(j)(1) of the United States Grain Standards ued provision of inspection services ap- Act (7 U.S.C. 79(j)(1)) is amended— Texas (Mr. CONAWAY) and the gen- pears to be unhelpful in leading to a (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; tleman from Minnesota (Mr. WALZ) foreseeable resolution’’ of the labor (B) by adding at the end the following new each will control 20 minutes. dispute. subparagraph: The Chair recognizes the gentleman Instead of fulfilling their statutory ‘‘(B) For official inspections and weighing from Texas. at an export elevator at an export port loca- obligation, the leadership of the USDA GENERAL LEAVE politicized this situation when the tion performed by the Secretary, performed Mr. CONAWAY. Mr. Speaker, I ask by a State agency delegated the authority to agency also declined to fulfill its statu- perform official inspection services at the unanimous consent that all Members tory responsibility to resume inspec- export elevator on behalf of the Secretary, or have 5 legislative days within which to tion and grain and weighing services. performed by a State agency utilized as au- revise and extend their remarks and in- Services were eventually restored, but thorized by subsection (e)(6)(A), the portion clude extraneous material on the bill not before significant costs accrued to of the fees based upon export tonnage shall under consideration. all parties involved. be based upon a rolling five-year average of The SPEAKER pro tempore. Is there We have worked hard to gain access export tonnage volumes. In order to main- objection to the request of the gen- to overseas markets. We are shooting tain an operating reserve of between three to tleman from Texas? ourselves in the foot when we cannot six months, the Secretary shall adjust such There was no objection. fees at least annually.’’. Mr. CONAWAY. Mr. Speaker, I yield ship our products to these markets be- (2) DURATION OF AUTHORITY.—Section 7(j)(4) myself as much time as I may con- cause State and Federal agencies are of the United States Grain Standards Act (7 unable or unwilling to comply with U.S.C. 79(j)(4)) is amended by striking ‘‘Sep- sume, and rise today in support of H.R. 2088, the United States Grain Stand- their obligations. The inability to ship tember 30, 2015’’ and inserting ‘‘September our grain because there are no inspec- 30, 2020’’. ards Act Reauthorization Act of 2015. (i) OFFICIAL WEIGHING OR SUPERVISION AT Mr. Speaker, for nearly 100 years, the tors at a facility does a disservice to LOCATIONS WHERE OFFICIAL INSPECTION IS United States Grain Standards Act has our farmers, and it harms our econ- PROVIDED OTHER THAN BY THE SECRETARY.— been the cornerstone of the vibrant omy. Section 7A(c)(2) of the United States Grain grain trade, both domestically and To address this situation, we could Standards Act (7 U.S.C. 79a(c)(2)) is amend- internationally. This law is relied upon have been punitive. In fact, there were ed— some who would have preferred that we (1) in the first sentence, by striking ‘‘with not only by exporters and domestic respect to export port locations’’ and insert- shippers but the entire U.S. agricul- do just that. But that is not what we ing ‘‘with respect to an export elevator at an tural sector. have done and had no interest in doing. export port location’’; and The law establishes official mar- We simply want a safeguard mecha- (2) in the last sentence by striking ‘‘sub- keting standards and procedures for nism to avoid this situation being re- section (g) of section 7’’ and inserting ‘‘sub- the inspection and weighing of grains peated. section (e) and (g) of section 7’’. and oilseeds, and I would like to under- To do that, we worked with the State (j) COLLECTION OF FEES FOR WEIGHING of Washington delegation, the Wash- SERVICES.—Section 7A(l)(3) of the United score the importance this law has States Grain Standards Act (7 U.S.C. played in establishing value and price- ington State Department of Agri- 79a(l)(2)) is amended by striking ‘‘September discovery in the grain and oilseed mar- culture, labor unions, the grain trade 30, 2015’’ and inserting ‘‘September 30, 2020’’. ketplace. industry, and USDA. What we devel- (k) LIMITATION AND ADMINISTRATIVE AND Many of the provisions in this cur- oped was a bipartisan consensus on a SUPERVISORY COSTS.—Section 7D of the rent law are set to expire on September workable safeguard provision. United States Grain Standards Act (7 U.S.C. 30 of this year. A lapse in authorization I am pleased with this work product, 79d) is amended by striking ‘‘2015’’ and in- would disrupt export weighing and and I appreciate the help and support serting ‘‘2020’’. (l) ISSUANCE OF AUTHORIZATIONS.— grading services, imposing heavy bur- of Ranking Member PETERSON, Sub- (1) DURATION.—Section 8(b) of the United dens on farmers, merchants, traders, committee Chairman CRAWFORD, and States Grain Standards Act (7 U.S.C. 84(b)) is inspectors and, ultimately, consumers. Subcommittee Ranking Member WALZ,

VerDate Sep 11 2014 01:40 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.002 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3929 as well as Representatives from Wash- This legislation accomplishes that leagues in the Senate to follow our ex- ington State, both on and off the com- goal in the following two ways. Many ample and get it done quickly so we mittee, for their advice and counsel as of the provisions in current law are set can get this to the President’s desk. I we developed this legislation. to expire on September 30 of this year. urge support of the bill. H.R. 2088 provides a certainty to A lapse in that authorization would Mr. Speaker, I yield back the balance American agriculture, and I would urge disrupt the current grain inspections of my time. my colleagues to vote ‘‘yes’’ on this process; therefore, Congress should not The SPEAKER pro tempore. The bill. delay in passing its reauthorization. question is on the motion offered by Mr. Speaker, I reserve the balance of The House is getting its job done well the gentleman from Texas (Mr. CON- my time. ahead of schedule by considering this AWAY) that the House suspend the rules Mr. WALZ. Mr. Speaker, I yield my- bill today, and I hope my colleagues in and pass the bill, H.R. 2088, as amend- self such time as I may consume, and I, the Senate will act soon as well. ed. too, rise in support of the U.S. Grain Secondly, this legislation provides The question was taken; and (two- Standards Act Reauthorization Act, stability by ensuring we can avoid dis- thirds being in the affirmative) the H.R. 2088. ruptions like that which took place rules were suspended and the bill, as I would like to, first of all, thank the last year in Washington State, which amended, was passed. chairmen of the full committee and of was alluded to earlier by the chairman. A motion to reconsider was laid on the subcommittee, both of whom pro- Last summer, the Washington State the table. vided great leadership, provided the Department of Agriculture discon- necessary space to get all parties to- f tinued its export inspections amid an gether, and then provided for a final ongoing labor dispute. Since labor dis- MANDATORY PRICE REPORTING product that meets all of the necessary putes do happen from time to time, ACT OF 2015 requirements that you heard the chair- this kind of situation was anticipated man talk about. Mr. CONAWAY. Mr. Speaker, I move I think it is well known that U.S. by our predecessors, which is why cur- to suspend the rules and pass the bill grain producers produce the highest rent law provides a mechanism for (H.R. 2051) to amend the Agricultural quality grain in the world. It is the in- USDA to step in and provide inspection Marketing Act of 1946 to extend the spections of them, the gold standard of services in the event of a disruption. livestock mandatory price reporting assuring that quality, backed by the However, the dispute devolved into a requirements, and for other purposes, Federal Government, that allows us to political situation in which the Sec- as amended. continue this trade. I think no one here retary of Agriculture declined to use The Clerk read the title of the bill. wants to see any interruption to that his discretionary authority to main- The text of the bill is as follows: tain inspections. While inspection serv- service. No one here wants to see any H.R. 2051 lowering of the quality that we have. ices were eventually restored, it is critical we avoid a repeat of that unfortu- Be it enacted by the Senate and House of Rep- So this piece of legislation, I think, resentatives of the United States of America in in the best tradition of the Agriculture nate decision. Congress assembled, Fortunately, the Agriculture Com- Committee and this House, was a true, SECTION 1. SHORT TITLE . bipartisan compromise. It was working mittee arrived at a bipartisan con- This Act may be cited as the ‘‘Mandatory to find working solutions that made sensus and found a way to avoid any fu- Price Reporting Act of 2015’’. those things happen, and I would urge ture disruptions to the grain trade by SEC. 2. EXTENSION OF LIVESTOCK MANDATORY my colleagues to support this piece of giving the industry more control of its REPORTING. legislation. own destiny. (a) EXTENSION OF AUTHORITY.—Section 260 of This is how we are supposed to do I urge support from my colleagues for the Agricultural Marketing Act of 1946 (7 U.S.C. business. This honors those producers this vital legislation. I thank the com- 1636i) is amended by striking ‘‘September 30, of our grain and makes sure that busi- mittee for all of its hard work to move 2015’’ and inserting ‘‘September 30, 2020’’. (b) EMERGENCY AUTHORITY.—Section ness and capital flow correctly, and it this bill forward. Mr. WALZ. Mr. Speaker, again, I 212(12)(C) of the Agricultural Marketing Act of makes sure that there are standards in 1946 (7 U.S.C. 1635a(12)(C)) is amended by in- place to ensure that our buyers of U.S. have no further speakers on my side. I serting ‘‘, including any day on which any De- grain know that they are getting the can’t stress enough my thanks for partment employee is on shutdown or emergency world’s highest quality product. working this out. It was, at times, a furlough as a result of a lapse in appropria- Mr. Speaker, I reserve the balance of somewhat delicate situation, but lead- tions’’ after ‘‘conduct business’’. my time. ership from my friends on the Repub- (c) CONFORMING AMENDMENT.—Section 942 of Mr. CONAWAY. Mr. Speaker, I yield lican side, bringing in folks, all en- the Livestock Mandatory Reporting Act of 1999 3 minutes to the gentleman from Ar- gaged parties in this, helped us find a (7 U.S.C. 1635 note; Public Law 106–78) is great compromise. amended by striking ‘‘September 30, 2015’’ and kansas (Mr. CRAWFORD), the sub- inserting ‘‘September 30, 2020’’. committee chairman. I, too, would urge our colleagues in Mr. CRAWFORD. Mr. Speaker, I the Senate to take up this piece of leg- SEC. 3. SWINE REPORTING. (a) DEFINITIONS.—Section 231 of the Agricul- thank the chairman for his leadership islation, move it forward, and give cer- tural Marketing Act of 1946 (7 U.S.C. 1635i) is on this and certainly want to thank tainty to those producers who feed, amended— the ranking member of the full com- clothe, and power the world. I urge our (1) by redesignating paragraphs (9) through mittee as well and my friend, the gen- colleagues here, let’s just pass this (22) as paragraphs (10) through (23), respec- tleman from Minnesota, who serves as thing and get further work done. tively; the ranking member on our sub- Mr. Speaker, I yield back the balance (2) by inserting after paragraph (8) the fol- committee. of my time. lowing new paragraph: This is a great piece of bipartisan Mr. CONAWAY. Mr. Speaker, I yield ‘‘(9) NEGOTIATED FORMULA PURCHASE.—The legislation. As has been noted here, myself the balance of my time. term ‘negotiated formula purchase’ means a purchase of swine by a packer from a producer this is about 100 years since this has Mr. Speaker, I appreciate my col- under which— been signed into law, and the grain leagues’ comments, both the ranking ‘‘(A) the pricing mechanism is a formula price trade has thrived over that century. member as well as the chairman of the for which the formula is determined by negotia- GSA has supported its evolution by subcommittee. We did work in a bipar- tion on a lot-by-lot basis; and providing a backbone of stability relied tisan manner. We worked out the dif- ‘‘(B) the swine are scheduled for delivery to upon by exporters, shippers, farmers, ferences of the bill, came up with a the packer not later than 14 days after the date and, of course, consumers. good work product. It is worthy of the on which the formula is negotiated and swine With the farm economy and so many system. are committed to the packer.’’; of our constituents relying on the abil- I would like to, again, emphasize, as (3) in paragraph (12)(A) (as so redesignated), by inserting ‘‘negotiated formula purchase,’’ ity of grain and oilseeds to get to mar- my colleague from Arkansas did, we after ‘‘pork market formula purchase,’’; and ket, it is critical that we act to provide are actually getting this done ahead of (4) in paragraph (23) (as so redesignated)— stability for the grain trade, like we time. These rules aren’t out-of-date (A) in subparagraph (C), by striking ‘‘and’’ at are doing here today. yet. And so I would encourage my col- the end;

VerDate Sep 11 2014 23:57 Jun 09, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 6333 E:\CR\FM\K09JN7.008 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3930 CONGRESSIONAL RECORD — HOUSE June 9, 2015 (B) by redesignating subparagraph (D) as sub- (3) analyze the price and supply information tory program down for several days paragraph (E); and reporting services of the Department of Agri- during the lapse in appropriations that (C) by inserting after subparagraph (C) the culture related to cattle, swine, and lamb; and occurred in 2013, while other manda- (4) address any other issues that the Secretary following new subparagraph: tory programs were deemed essential. ‘‘(D) a negotiated formula purchase; and’’. considers appropriate. Following extensive negotiations, the (b) DAILY REPORTING.—Section 232(c) of the (b) REPORT.—Not later than January 1, 2020, Agricultural Marketing Act of 1946 (7 U.S.C. the Secretary of Agriculture shall submit to the cattlemen have opted to support a sim- 1635j(c)) is amended— Committee on Agriculture of the House of Rep- ple reauthorization without any statu- (1) in paragraph (1)(D), by striking clause (ii) resentatives and the Committee on Agriculture, tory modifications. I appreciate their and inserting the following new clause: Nutrition, and Forestry of the Senate a report hard work and look forward to con- ‘‘(ii) PRICE DISTRIBUTIONS.—The information containing the findings of the study conducted tinuing to work with them on future published by the Secretary under clause (i) shall under subsection (a). improvements that they may choose to include— The SPEAKER pro tempore. Pursu- pursue. ‘‘(I) a distribution of net prices in the range ant to the rule, the gentleman from Mr. Speaker, this is a simple, bipar- between and including the lowest net price and the highest net price reported; Texas (Mr. CONAWAY) and the gen- tisan reauthorization that represents ‘‘(II) a delineation of the number of barrows tleman from Minnesota (Mr. WALZ) consensus among industry partici- and gilts at each reported price level or, at the each will control 20 minutes. pants. I urge Members to support this option of the Secretary, the number of barrows The Chair recognizes the gentleman bill, and I reserve the balance of my and gilts within each of a series of reasonable from Texas. time. price bands within the range of prices; and GENERAL LEAVE b 1515 ‘‘(III) the total number and weighted average Mr. CONAWAY. Mr. Speaker, I ask price of barrows and gilts purchased through Mr. WALZ. Mr. Speaker, I yield my- negotiated purchases and negotiated formula unanimous consent that all Members may have 5 legislative days within self such time as I may consume. purchases.’’; and I rise in support of the Mandatory which to revise and extend their re- (2) in paragraph (3), by adding at the end the Price Reporting Act of 2015. following new subparagraph: marks and include extraneous material Mr. Speaker, I would say let’s hope ‘‘(C) LATE IN THE DAY REPORT INFORMATION.— on the bill under consideration The Secretary shall include in the morning re- that what you see is a pattern devel- The SPEAKER pro tempore. Is there oping here: smart, bipartisan legisla- port and the afternoon report for the following objection to the request of the gen- day any information required to be reported tion passed in a timely fashion to make tleman from Texas? sure this country’s business goes on un- under subparagraph (A) that is obtained after There was no objection. the time of the reporting day specified in such interrupted. subparagraph.’’. Mr. CONAWAY. Mr. Speaker, I yield You heard it from the chairman, myself such time as I may consume, SEC. 4. LAMB REPORTING. these programs are important for pro- Not later than 180 days after the date of the and I rise in support of H.R. 2051, the ducers, who rely on access to trans- enactment of this Act, the Secretary of Agri- Mandatory Price Reporting Act of 2015. parent, accurate, and timely market I want to begin by thanking my col- culture shall revise section 59.300 of title 7, Code information. The bill makes an impor- leagues on the Agriculture Committee, of Federal Regulations, so that— tant change to mandatory price report- (1) the definition of the term ‘‘importer’’— Ranking Member PETERSON and Con- ing by making it an ‘‘essential’’ gov- (A) includes only those importers that im- gressman ROUZER, for joining me in in- ernment program. ported an average of 1,000 metric tons of lamb troducing this legislation. I am espe- meat products per year during the immediately As you also heard, the 2013 govern- cially appreciative of Mr. ROUZER’s preceding 4 calendar years; and ment shutdown disrupted price report- (B) may include any person that does not work as subcommittee chairman in ing. This designation will ensure that, meet the requirement referred to in subpara- holding a hearing to foster discussions if we ever find ourselves in that situa- graph (A), if the Secretary determines that the that led to this important legislation. tion again, price reporting will con- person should be considered an importer based Mr. Speaker, H.R. 2051 is a bill to re- tinue on. This is the very least we can on their volume of lamb imports; and authorize the Livestock Mandatory Re- do for the hard-working folks who are (2) the definition of the term ‘‘packer’’— porting Act of 1999. This bill, like the out there. It gives our producers the (A) applies to any entity with 50 percent or underlying act and each subsequent re- more ownership in a facility; certainty that it will be there. It is the authorization, has been the result of right thing to do. Again, it is smart; it (B) includes a federally inspected lamb proc- dialogue and consensus between live- essing plant which slaughtered or processed the is bipartisan; it is timely. And I would equivalent of an average of 35,000 head of lambs stock producers and other industry urge my colleagues not only to support per year during the immediately preceding 5 cal- participants. this, but to make this a habit in much endar years; and I would like to extend my gratitude of what we do. (C) may include any other lamb processing to our Nation’s livestock producers, ca- I yield back the balance of my time. plant that did not meet the requirement referred pably represented by their trade asso- Mr. CONAWAY. Mr. Speaker, I yield to in subparagraph (B), if the Secretary deter- ciations—the National Cattlemen’s 3 minutes to the gentleman from North mines that the processing plant should be con- Beef Association, the National Pork sidered a packer after considering its capacity. Carolina (Mr. ROUZER), chairman of the Producers Council, and the American Subcommittee on Livestock and For- SEC. 5. STUDY ON LIVESTOCK MANDATORY RE- Sheep Industry Association—for their PORTING. eign Agriculture. (a) IN GENERAL.—The Secretary of Agri- hard work and dedication on this ef- Mr. ROUZER. Mr. Speaker, I want to culture, acting through the Agricultural Mar- fort. thank the chairman for his good and keting Service in conjunction with the Office of We fully understand that government hard work on this important piece of the Chief Economist and in consultation with mandates, like price reporting, can be legislation. cattle, swine, and lamb producers, packers, and onerous, and that not all industry par- As chairman of the Livestock and other market participants, shall conduct a study ticipants may fully embrace this pro- Foreign Agriculture Subcommittee in on the program of information regarding the gram. which the Mandatory Price Reporting marketing of cattle, swine, lambs, and products That said, it is apparent that over Act originated, I too want to thank the of such livestock under subtitle B of the Agricul- the preceding 16 years, mandatory re- tural Marketing Act of 1946 (7 U.S.C. 1635 et stakeholders for their hard work in seq.). Such study shall— porting has become an essential tool coming together on the provisions of (1) analyze current marketing practices in the that allows for greater transparency this bill. cattle, swine, and lamb markets; and price discovery within the live- Mandatory price reporting was devel- (2) identify legislative or regulatory rec- stock industry, especially as the indus- oped in response to changing markets, ommendations made by cattle, swine, and lamb try continues to evolve. with an increasing number of animals producers, packers, and other market partici- This reauthorization contains a num- being sold with little information pub- pants to ensure that information provided under ber of industry-specific modifications licly accessible. As these structural such program— proposed by the pork producers and (A) can be readily understood by producers, changes continued, livestock producers packers, and other market participants; sheep producers. We, likewise, include requested that price reporting be made (B) reflects current marketing practices; and a provision that responds generally to mandatory. (C) is relevant and useful to producers, pack- industry concern regarding USDA’s ar- Even today, livestock markets are ers, and other market participants; bitrary decision to shut this manda- continuing to evolve, and it was the

VerDate Sep 11 2014 03:29 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.003 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3931 goal and intent of the committee to H.R. 2394 clude: over 14,000 miles of trail restored bring all parties together to strike a Be it enacted by the Senate and House of Rep- or maintained; nearly 4.4 million trees balance that promotes fairness, trans- resentatives of the United States of America in and shrubs planted; more than 500,000 parency, and stability in the market. Congress assembled, acres of fuel reduction completed or No one knows how to make this proc- SECTION 1. SHORT TITLE. planned; over 120,000 people volun- ess work better than those directly in- This Act may be cited as the ‘‘National teered more than 1.5 million hours with volved, and I appreciate the willingness Forest Foundation Reauthorization Act of an estimated value of $34 million; over 2015’’. of these stakeholders to work together 46,000 youth employed or engaged; ap- SEC. 2. NATIONAL FOREST FOUNDATION ACT RE- proximately 80,000 acres of invasive with the committee to craft this legis- AUTHORIZATION. weeds treated; over 117,000 acres of lation. (a) EXTENSION OF AUTHORITY TO PROVIDE I also look forward to working with MATCHING FUNDS FOR ADMINISTRATIVE AND wildlife habitat restored or main- our Senate colleagues to continue the PROJECT EXPENSES.—Section 405(b) of the tained; and more than 3,000 miles of tradition of a healthy dialogue between National Forest Foundation Act (16 U.S.C. streams surveyed or restored. both Chambers of Congress, producers, 583j–3(b)) is amended by striking ‘‘for a pe- The foundation has also taken it and packers on this reauthorization so riod of five years beginning October 1, 1992’’ upon itself to educate and engage the and inserting ‘‘during fiscal years 2016 American public on the importance of that we can make sure that the re- through 2018’’. quested modifications are executed as our national forests as well as the nat- (b) AUTHORIZATION OF APPROPRIATIONS.— ural resources found within them. It is smoothly as possible. Section 410(b) of the National Forest Foun- an integral component in keeping our In closing, I would like to again dation Act (16 U.S.C. 583j–8(b)) is amended by national forests—such as the Allegheny thank Chairman CONAWAY, Ranking striking ‘‘during the five-year period’’ and national forest, in my district, and doz- Member COLLIN PETERSON, and the all that follows through ‘‘$1,000,000 annually’’ and inserting ‘‘there are authorized to be ap- ens of other national forests around committee staff for their tremendous the country—viable and thriving for help and guidance. propriated $3,000,000 for each of fiscal years 2016 through 2018’’. years to come. Mr. Speaker, I commend this legisla- (c) TECHNICAL CORRECTIONS.— Simply put, the National Forest tion to my colleagues, and I appreciate (1) AGENT.—Section 404(b) of the National Foundation works, and this is a com- their support. Forest Foundation Act (16 U.S.C. 583j–2(b)) is monsense reauthorization. I urge my Mr. CONAWAY. Mr. Speaker, I yield amended by striking ‘‘under this paragraph’’ colleagues to vote ‘‘yes.’’ myself the remainder of the time. and inserting ‘‘by subsection (a)(4)’’. I reserve the balance of my time. Mr. Speaker, I too want to thank my (2) ANNUAL REPORT.—Section 407(b) of the Na- Ms. MICHELLE LUJAN GRISHAM. colleagues across the aisle as well as tional Forest Foundation Act (16 U.S.C. 583j– Mr. Speaker, I yield myself such time 5(b)) is amended by striking the comma after colleagues on the committee with me, ‘‘The Foundation shall’’. as I may consume. but I also was remiss earlier in not I thank my colleague from Pennsyl- The SPEAKER pro tempore. Pursu- thanking the dedicated staff of the Ag vania for his work on this legislation ant to the rule, the gentleman from Committee that worked on the grain and also for his work and dedication on Pennsylvania (Mr. THOMPSON) and the standards bill and the group that has the Conservation and Forestry Sub- gentlewoman from New Mexico (Ms. worked on this one as well. committee, which we lead together. MICHELLE LUJAN GRISHAM) each will We are blessed. Our country is Mr. Speaker, I rise in support of this control 20 minutes. blessed to have dedicated professionals legislation. The National Forest Foun- The Chair recognizes the gentleman on both sides of the aisle and the com- dation Reauthorization Act will allow from Pennsylvania. mittee staff who do a great job working the public-private partnership respon- together, trying to avoid the kind of GENERAL LEAVE sible for the stewardship and manage- partisanship that sometimes permeates Mr. THOMPSON of Pennsylvania. ment of our national forests and grass- this body. Mr. Speaker, I ask unanimous consent lands to continue. This legislation would reauthorize Again, I rise in support of this man- that all Members have 5 legislative the National Forest Foundation’s datory price reporting reauthorization. days in which to revise and extend matching funds program. This impor- I will remind my colleagues that this their remarks and include extraneous tant program brings non-Federal part- does not expire until September 30 of materials on the bill under consideration. ners and stakeholders together to keep this year. We are actually ahead of the our forests healthy and less prone to curve and would commend this process The SPEAKER pro tempore. Is there objection to the request of the gen- fire. In practice, this has generated to the House on other important issues more than $4 for our forests for every like that. I ask my colleagues to sup- tleman from Pennsylvania? There was no objection. Federal dollar invested. port the bill. I have seen the benefits of this pro- I yield back the balance of my time. Mr. THOMPSON of Pennsylvania. Mr. Speaker, I yield myself such time gram in my own district. Since 2010, The SPEAKER pro tempore. The the New Mexico Wilderness Alliance question is on the motion offered by as I may consume. I rise today in support of H.R. 2394, has received grants from the National the gentleman from Texas (Mr. CON- the National Forest Foundation Reau- Forest Foundation to assist the Forest AWAY) that the House suspend the rules Service in conducting surveys and data and pass the bill, H.R. 2051, as amend- thorization Act of 2015. The National Forest Foundation has collection on the wilderness areas ed. within the New Mexico national for- a simple mission: bring people together The question was taken; and (two- ests. This data has helped the Forest to restore and enhance our national thirds being in the affirmative) the Service combat invasive species and forests and grasslands. Through the rules were suspended and the bill, as improve forest health in the Cibola, foundation, we are able to leverage pri- amended, was passed. Carson, and Santa Fe National Forests. A motion to reconsider was laid on vate and Federal dollars to support our Our national forests are in dire need the table. Nation’s great forests in a variety of of this type of management and res- ways. These include: planting trees, toration in order to maintain valuable f preserving wildlife habitat, surveying ecosystems and prevent devastating streams, restoring and maintaining NATIONAL FOREST FOUNDATION and costly wildfires. trails, and the list goes on. New Mexico, like many other States REAUTHORIZATION ACT OF 2015 In recent years, the foundation has in the Southwest, has been experi- Mr. THOMPSON of Pennsylvania. leveraged funds at over a four to one encing severe drought; and, as a result, Mr. Speaker, I move to suspend the ratio and plans to continue on this suc- we have had record-breaking fires that rules and pass the bill (H.R. 2394) to recess to raise at least $125 million for have burned hundreds of thousands of authorize the National Forest Founda- forest restoration activities. acres and have caused millions of dol- tion Act, and for other purposes, as Since its charter in 1993, the founda- lars in damage. amended. tion has been essential in helping to While we have seen some recent im- The Clerk read the title of the bill. meet the challenges the National For- provements, long-term projections in- The text of the bill is as follows: est System faces. Accomplishments indicate that drought conditions will

VerDate Sep 11 2014 01:52 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.012 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3932 CONGRESSIONAL RECORD — HOUSE June 9, 2015 worsen and spread to more States nesota (Mr. PETERSON) each will con- rely on derivatives markets. From un- across the country. We must ensure trol 30 minutes. necessary recordkeeping burdens, to that this program, which prevents The Chair recognizes the gentleman improperly categorizing physical costly and, oftentimes, irreparable from Texas. transactions as swaps, to narrowing damage to communities, personal prop- Mr. CONAWAY. Mr. Chairman, I the bona fide hedge definition, CFTC erty, and wildlife habitat, receives con- yield myself such time as I may con- rules have discouraged exactly the tinued support. Mr. Speaker, I urge my sume. kind of prudent risk management ac- colleagues to support the bill. I rise today in support of H.R. 2289, tivities Congress intended to protect I yield back the balance of my time. the Commodity End-User Relief Act. with the end-users exemptions in the Mr. THOMPSON of Pennsylvania. I I want to start by thanking Chair- Dodd-Frank bill. yield myself such time as I may con- man AUSTIN SCOTT and Ranking Mem- These regulatory burdens present sume. ber DAVID SCOTT of the Commodity Ex- challenges to American businesses and I thank the ranking member for her changes, Energy, and Credit Sub- will cost them significant capital to leadership and support on this bill and, committee. They have done a tremen- comply with, unless Congress acts to quite frankly, on everything we do as a dous job over the past few months provide the relief. part of our Subcommittee on Agri- working on these issues. They have Title VII of Dodd-Frank sought to re- culture. held three hearings on reauthorization, quire that most swaps, one, be exe- Mr. Speaker, I have no additional listening to testimony from end users, cuted on an electronic exchange to en- speakers on this bill. I urge all Mem- financial intermediaries, and even the sure price transparency; two, be sub- bers to join me in support of this bill. commissioners themselves. Without ject to initial and variation margin and I yield back the balance of my time. their work, we would not have been central clearing through the lifetime of The SPEAKER pro tempore. The able to move this bill today. the transaction, to ensure performance question is on the motion offered by H.R. 2289, the Commodity End-User on the obligation for counterparties; the gentleman from Pennsylvania (Mr. Relief Act, does exactly what the name and, last, to be reported to a central re- THOMPSON) that the House suspend the suggests: it provides relief from unnec- pository to ensure that regulators have rules and pass the bill, H.R. 2394, as essary red tape for the businesses that an accurate picture of the entire mar- amended. ‘‘make things’’ in our country. ketplace at any one point in time. The question was taken; and (two- End users are the businesses that thirds being in the affirmative) the provide Americans with food, clothing, b 1530 rules were suspended and the bill, as transportation, electricity, heat, and H.R. 2289 does not roll back a single amended, was passed. much, much more. Companies that core tenet of title VII. It does not A motion to reconsider was laid on produce, consume, and transport the change the execution, clearing, mar- the table. commodities that make modern life gining, and reporting framework set up f possible use futures and swaps markets by the act. In fact, not a single witness COMMODITY END-USER RELIEF to reduce the uncertainties that their who appeared before the House Com- ACT businesses face. Farmers hedge their mittee on Agriculture ever asked us to crops in the spring so that they know upend these principles. But what they GENERAL LEAVE what price they will get paid in the did ask for were fixes to portions of the Mr. CONAWAY. Mr. Speaker, I ask fall. Utilities hedge the price of energy statute that didn’t work as intended, unanimous consent that all Members so they can charge customers at a to provide more flexibility in com- have 5 legislative days within which to steady rate. Manufacturers hedge the plying with the rules when they im- revise and extend their remarks and in- cost of steel, energy, and other inputs paired end users’ ability to hedge, and clude extraneous material on the bill, to lock in prices as they work to fill to bring more certainty to the Com- H.R. 2289. their orders. mission and how it operates. That is The SPEAKER pro tempore (Mr. The fact is, no end user played any exactly what H.R. 2289 provides. LAMALFA). Is there objection to the re- part in the financial crisis of 2008, and Similar to the CFTC reauthorization quest of the gentleman from Texas? no end user poses a systemic risk to bill passed by the House with over- There was no objection. whelming bipartisan support last Con- The SPEAKER pro tempore. Pursu- U.S. derivatives markets. Yet, as the Agriculture Committee heard in count- gress, the Commodity End-User Relief ant to House Resolution 288 and rule Act makes narrowly targeted changes XVIII, the Chair declares the House in less hours of testimony, it is now more difficult and more expensive for farm- to the Commodity Exchange Act. This the Committee of the Whole House on legislation offers meaningful improve- the state of the Union for the consider- ers, ranchers, processors, manufacturers, merchandisers, and other end users ments for market participants without ation of the bill, H.R. 2289. undermining the basic tenets of title The Chair appoints the gentleman to manage their risks than it was 5 VII. I am proud that the committee has from Idaho (Mr. SIMPSON) to preside years ago. again put together a bill that has over the Committee of the Whole. To address their concerns, H.R. 2289 makes targeted reforms to the Com- earned the bipartisan support of our b 1526 modity Exchange Act that fall into members because it provides the right IN THE COMMITTEE OF THE WHOLE three broad categories: consumer pro- relief to the right people. Accordingly, the House resolved tections, commission reforms, and end- Mr. Chairman, I urge support of the itself into the Committee of the Whole user relief. Commodity End-User Relief Act. House on the state of the Union for the Title I of the bill protects customers I reserve the balance of my time. consideration of the bill (H.R. 2289) to and the margin funds they deposit at JUNE 8, 2015. reauthorize the Commodity Futures their FCMs by codifying critical DEAR MEMBER OF THE HOUSE OF REP- Trading Commission, to better protect changes made in the wake of the col- RESENTATIVES: The undersigned organiza- lapse and bankruptcy of both MF Glob- tions represent a very broad cross-section of futures customers, to provide end-users U.S. production agriculture and agri- with market certainty, to make basic al and Peregrine Financial. business. We urge you to cast an affirmative reforms to ensure transparency and ac- Title II makes meaningful reforms to vote on H.R. 2289, the ‘‘Commodity End-User countability at the Commission, to the operations of the Commission to Relief Act,’’ when it moves to the floor for help farmers, ranchers, and end-users improve the agency’s deliberative proc- consideration. manage risks, to help keep consumer ess. In doing so, it also requires the This legislation contains a number of im- costs low, and for other purposes, with Commission to conduct more robust portant provisions for agricultural and agribusiness hedgers who use futures and swaps Mr. SIMPSON in the chair. cost-benefit analysis to help get future rulemakings right the first time and to to manage their business and production The Clerk read the title of the bill. risks. Some, but certainly not all, of the The CHAIR. Pursuant to the rule, the avoid the endless cycle of re-proposing bill’s important provisions include: bill is considered read the first time. and delaying unworkable rules. Sections 101–103—Codify important cus- The gentleman from Texas (Mr. CON- Finally, title III fixes numerous prob- tomer protections to help prevent another AWAY) and the gentleman from Min- lems faced directly by end users who MF Global situation.

VerDate Sep 11 2014 01:52 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.014 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3933 Section 104—Provides a permanent solu- Provisions included in H.R. 2289 would en- options in commodities in the definition of tion to the residual interest problem that sure that non-financial end-users trading ‘‘swap.’’ This raises the practical question of would have put more customer funds at through a centralized treasury unit (‘‘CTU’’) how to treat forward contracts containing risk—and potentially driven farmers, ranch- are covered by the end-user clearing exemp- terms that provide for some form of flexi- ers and small hedgers out of futures mar- tion provided by the Dodd-Frank Act. With- bility in delivered volumes, i.e., ‘‘embedded kets—by forcing pre-margining of their out the clarification on CTUs, non-financial optionality.’’ hedge accounts. end-users may be swept into costly clearing Flexibility in the terms of physical com- Section 308—Relief from burdensome and requirements meant for financial entities, modity forward contracts is essential in ev- technologically infeasible recordkeeping re- simply because they use a CTU to manage eryday commerce given the commercial un- quirements in commodity markets. internal and external trading to mitigate certainties that exist in commodity delivery Section 310—Requires the CFTC to conduct risk within a corporate entity—an industry and receipt. One important form of such a study and issue a rule before reducing the ‘‘best practice’’. flexibility involves the volumes to be trans- de minimis threshold for swap dealer reg- The CFTC reauthorization also includes an acted in a forward contract. This flexibility istration in order to make sure that doing so NAM-supported provision that requires the is necessary because parties cannot always would not harm market liquidity and end- CFTC to take an affirmative action before accurately predict the required or optimal user access to markets. lowering the swap dealer de minimis thresh- amounts of physical commodities to meet Section 313—Confirms the intent of Dodd- old. Without this provision, the de minimis their business needs and objectives. The Frank that anticipatory hedging is consid- level of swap dealing automatically drops CFTC refers to this flexibility as ‘‘volu- ered bona fide hedging activity. from the $8 billion to $3 billion in the near metric optionality’’ and has formulated rules Thank you in advance for your support of future, sweeping some manufacturers into that suggest that the CFTC will regulate for- this bill that is so important to U.S. farmers, bank-like regulatory requirements. ward contracts with such ‘‘optionality’’ as ranchers, hedgers and futures customers. Almost five years after the enactment of swaps. Sincerely, Dodd-Frank, implementation of the Act is Volumetric optionality is a contractual Agribusiness Association of Iowa; Agri- well underway and deadlines for compliance tool used in the physical commodity indus- business Council of Indiana/Indiana with various regulations are looming. End- try to ‘‘right size’’ physical delivery. The Grain and Feed Association; American users remain extremely concerned about the ability to appropriately size a physical com- Cotton Shippers Association; American lack of clarity on the CTU issue and the modity delivery via a contractual tool facili- Farm Bureau Federation; American automatic drop in the de minimis threshold tates market efficiency because it allows Feed Industry Association; American for swap dealing among other issues. Thank commercial market participants to adjust Soybean Association; Commodity Mar- you in advance for supporting provisions in delivery volumes seamlessly in response to kets Council; Grain and Feed Associa- H.R. 2289 to ensure that derivatives regula- changes in supply and demand requirements tion of Illinois; Kansas Grain and Feed tion is focused on needed areas, and not on at the time of delivery. Volumetric Association; Michigan Agri-Business imposing unnecessary regulatory burdens on optionality is a delivery tool that mitigates Association; Michigan Bean Shippers manufacturers. the uncertainty inherent in any physical Association; Minnesota Grain and Feed Sincerely, commodity contract, making both parties Association; Missouri Agribusiness As- DOROTHY COLEMAN. aware of potential delivery variability em- sociation; National Cattlemen’s Beef bedded within the intent to deliver. Thus, Association; National Corn Growers MAY 11, 2015. volumetric optionality in a physical forward Association; National Cotton Council; Hon. MICHAEL CONAWAY, contract allows commercial uncertainties to National Council of Farmer Coopera- Chairman, House Committee on Agriculture, be accommodated up front, providing a proc- tives; National Grain and Feed Asso- Longworth House Office Building, Wash- ess for orderly physical delivery and settle- ciation; National Pork Producers ington, DC. ment even in the absence of precision in the Council; Nebraska Grain and Feed As- Hon. COLLIN C. PETERSON, delivery volume. Importantly, the intent to sociation; North American Export Ranking Member, House Committee on Agri- physically deliver remains despite the varia- Grain Association; North Dakota Grain culture, Longworth House Office Building, bility in final delivery terms. Dealers Association; Northeast Agri- Washington, DC. In August of 2012, the CFTC issued the business and Feed Alliance; Ohio Agri- DEAR CHAIRMAN CONAWAY AND RANKING final rule further defining the term ‘‘swap,’’ Business Association; Oklahoma Grain MEMBER PETERSON: As the House prepares to Final Rule, Further Definition of ‘‘Swap,’’ et and Feed Association; Pacific North- vote on and reauthorize the Commodity Fu- al., 77 Fed. Reg. 48, 208 (August 13, 2012) west Grain and Feed Association; tures Trading Commission (CFTC) oversight (Swap Definition Final Rule or Final Rule). Rocky Mountain Agribusiness Associa- of the futures and swaps markets, the Na- As part of the definition of swap, the Final tion; Southeast Minnesota Grain and tional Corn Growers Association (NCGA) and Rule provides an interpretation that an Feed Dealers Association; South Da- the Natural Gas Supply Association (NGSA) agreement, contract or transaction with em- kota Grain and Feed Association; Ten- wish to express support for the end user pro- bedded optionality falls within the forward nessee Feed and Grain Association; visions in the CFTC reauthorization bill exclusion when seven criteria are met. The Texas Grain and Feed Association; which will help to ensure that corn and nat- seventh criterion or element requires that: USA Rice Federation; Wisconsin Agri- ural gas markets are able to function effi- 7. The exercise or non-exercise of the em- Business Association. ciently. bedded volumetric optionality is based pri- Specifically, NCGA and NGSA support the marily on physical factors, or regulatory re- JUNE 5, 2015. provision which will provide relief for end- quirements, that are outside the control of HOUSE OF REPRESENTATIVES, users using physical contracts with volu- the parties and are influencing demand for, Washington, DC. metric optionality and ensure that non-fi- or supply of, the nonfinancial commodity. DEAR REPRESENTATIVE: The National Asso- nancial, physical energy delivery agreements In the Final Rule, the Commission specifi- ciation of Manufacturers (NAM), the largest are not regulated as swaps. cally requested comments on whether this manufacturing association in the United Founded in 1957, NCGA represents more seventh element is necessary, appropriate States representing manufacturers in every than 40,000 dues-paying corn farmers nation- and sufficiently clear and unambiguous. On industrial sector and in all 50 states, sup- wide. NCGA and its 48 affiliated state organi- October 12, 2012, NCGA and NGSA submitted ports provisions in the Commodity End User zations work together to create and increase written comments to the CFTC highlighting Relief Act (H.R. 2289), to clarify that non-fi- opportunities for their members and their in- the market uncertainty that the new seven- nancial companies, like manufacturers, that dustry. criterion test creates in light of very clear use derivatives to manage business risk will Established in 1965, NGSA encourages the statutory language stating that contracts not be subject to onerous and harmful regu- use of natural gas within a balanced national with the intent to physically deliver are latory requirements. energy policy, and promotes the benefits of physical forward contracts. Specifically, Manufacturers use derivatives to manage competitive markets, thus encouraging in- NCGA and NGSA asked the Commission to and mitigate against fluctuations in com- creased supply and the reliable and efficient affirm that the seven criteria identified in modity prices and currency and interest delivery of natural gas to U.S. customers. the Final Rule are simply illustrative of cer- rates. The NAM worked to include provisions Because of the potential for the Dodd- tain common characteristics in forward con- in the Dodd-Frank Wall Street Reform and Frank Wall Street Reform and Consumer tracts with embedded optionality, and thus, Consumer Protection Act (P.L.111–203) to Protection Act of 2010 (the Dodd-Frank Act a safe harbor instead of requirements for sat- protect manufacturers’ use of over-the- or the Act) to impede what are and have isfaction of the forward contract exclusion. counter derivatives. We continue to work to been healthy, competitive, and resilient corn NCGA and NGSA recognize the Commis- ensure that, as Dodd-Frank is implemented, and natural gas markets, NCGA and NGSA sion’s interest in retaining the ability to reg- end-users do not face undue burdens. Impos- played an active role in the shaping of the ulate physical contracts with embedded oping unnecessary regulation on end-users Act during its passage and have continued tions as swaps if ‘‘intent to physically de- would limit their ability to use these impor- this role in ensuring the Act’s successful im- liver’’ is not genuine and simply crafted to tant risk management tools, increasing costs plementation by the CFTC. evade regulation. However, in this case, the and negatively impacting business invest- The CEA as amended by the Dodd-Frank Commission has created so much ambiguity ment, U.S. competitiveness and job growth. Act excludes forward contracts and includes in the applicability of the forward-contract

VerDate Sep 11 2014 03:29 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.007 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3934 CONGRESSIONAL RECORD — HOUSE June 9, 2015 exclusion that market participants may be nies of the Edison Electric Institute (EEI), I The Commodity End User Relief Act will reluctant to use volumetric optionality in want to express our strong support for H.R. help the CFTC become a more responsive and their forward contracting. Consequently, the 2289, the Commodity End-User Relief Act. well-equipped regulator. Commercial market regulatory uncertainty caused by the seven- Key provisions in the legislation provide ad- participants currently lack basic procedural criterion test compromises the viability of a ditional certainty and clarify congressional opportunities to hold the CFTC accountable physical commodity market delivery tool intent on a number of issues of significant for arbitrary and capricious actions. The that is critical to market efficiency. The for- importance to EEI members. lack of good process is self-evident in the ward-contract exclusion should not be imple- EEI is the association of U.S. investor- haphazard pattern of rulemaking and non- mented in a way that limits its usefulness to owned utilities, international affiliates and rule ‘‘guidance’’ issued by the Commis- catching bad actors at the expense of phys- industry associates worldwide. Our members sioners or staff. Just yesterday, the CFTC ical market efficiency. provide electricity for 220 million Ameri- answered a critical industry question about The definition of swap has far-reaching ef- cans, directly employ more than a half-mil- whether ‘‘swaps’’ (financial derivatives) in- fects beyond physical market efficiency. De- lion workers, and operate in all 50 states. clude non-financial natural gas delivery con- termining what is and is not a swap impacts With approximately $90 billion in annual tracts through an ‘‘Interpretation’’ rather the calculation of notional amount and thus, capital expenditures, the electric utility in- than through formal regulation. Even this which entities are swap dealers. It also im- dustry is responsible for providing reliable, action is five months late: The CFTC asked pacts the application of position limits and affordable, and increasingly clean electricity for comments on this draft in November 2014 the appropriate scope of the bona fide hedge that powers the economy and enhances the and closed the comment period in December exemption, clearing requirements, reporting lives of all Americans. 2014. The goal was to provide time-sensitive requirements and capital and margin re- EEI members are non-financial entities response to market participants. And yet, it quirements. In short, the definition of swap that participate in the physical commodity took five months to finalize. is the heart and soul of the end-user protec- market and rely on swaps and futures con- The Commodity End User Relief Act will tions. tracts primarily to hedge and mitigate their help fix several problems described above— The October 12, 2012 NCGA and NGSA re- commercial risk. The goal of our member changes that can neither be made by the quest for clarity regarding the Commission’s companies is to provide their customers with CFTC’s evolving leadership nor by revisions expected application of the seven-criterion reliable electric service at affordable and to internal rules. test remains unanswered. In light of the lin- stable rates, which has a direct and signifi- 1. Direct Review in Federal Appellate gering uncertainty created by the seven-cri- cant impact on literally every area of the Courts: The bill would allow the federal ap- terion test, clarity regarding the applica- U.S. economy. Since wholesale electricity pellate courts to directly review CFTC rules, bility of the forward-contract exclusion to and natural gas historically have been two of replacing the protracted and expensive trial volumetric options embedded within a phys- the most volatile commodity groups, our court process currently in effect as the de- ical contract has become essential to com- member companies place a strong emphasis fault rule for judicial review. This change modity producers and consumers. Given the on managing the price volatility inherent in will not increase litigation nor will it dis- importance of the definition of swap to im- these wholesale commodity markets to the rupt the CFTC. Rather, it will incentivize plementation of so many other Dodd-Frank- benefit of their customers. The derivatives the CFTC to write better rules and avoid Act-related CFTC regulations, clarity is cru- market has proven to be an extremely effec- challenge altogether. Also, any inevitable cial to the sound implementation the Dodd- tive tool in insulating our customers from legal challenges will be more swiftly decided Frank Act. This regulatory uncertainty has this risk and price volatility. In sum, our by appellate courts, benefitting the regu- complicated sound implementation of the members are the quintessential commercial lator and the regulated community. All of Dodd-Frank Act and risks harming com- end-users of swaps. As such, regulations that the key federal rulemaking agencies are sub- modity market efficiency. The CFTC is con- make effective risk management options ject to direct appellate review — including templating some clarifying language on vol- more costly for end-users of swaps will likely the Securities Exchange Commission and umetric optionality which would be welcome result in higher and more volatile energy Federal Energy Regulatory Commission. news. Regardless of the CFTC’s clarification, prices for retail, commercial, and industrial There is no logical justification to treat the however, the implementation uncertainty customers. H.R. 2289 goes a long way in pro- CFTC differently. that has persisted for the last four years il- viding much needed regulatory relief and 2. Strict Compliance with the Administra- lustrates the need for legislative changes. even greater clarity to the compliance land- tive Procedures Act (APA): The CFTC’s ad- The swap definition is fundamental to im- scape facing EEI and the entire end-user ministrative process suffers from vague and plementation of the CFTC’s new Dodd-Frank community going forward. varying levels of compliance with federal rules and consequently to the on-going avail- Thank you for your leadership on these im- procedural laws. Strict compliance with fed- ability of cost-effective risk management portant issues. We look forward to working eral laws requiring due process and notice tools. However, if the definition is too broad, with you to advance this legislation through should not be contingent on how the Com- it can bring in common commercial agree- the House. mission leadership directs staff, shares infor- ments that have no relationship to the types Sincerely, mation among Commissioners, or chooses of transactions that the Dodd-Frank Act was THOMAS R. KUHN. between a legal rule, non-binding guidance, intended to regulate. Market participants or interpretation for resolving a public con- demonstrating the potential to exercise MAY 12, 2015. cern. This bill would eliminate subjectivity physical delivery or a history of physical de- Hon. K. MICHAEL CONAWAY, and require strict compliance with the APA livery must have confidence in the forward- Chairman, Committee on Agriculture, House of and Executive Orders that instruct agencies contract exclusion from the definition of a Representatives, Longworth House Office to ensure public notice-and-comment on swap. Building, Washington, DC. rules or guidance that have legally-binding NCGA and NGSA are committed to work- DEAR CHAIRMAN CONAWAY: The American effects. ing with you to achieve a positive outcome Gas Association strongly supports the Com- 3. Give the CFTC Comprehensive Authority that both protects the integrity of commodity End User Relief Act, a bill to reau- to Exempt End-Users’ Physical Contracts modity markets and ensures the continued thorize the Commodity Exchange Act (CEA) from ‘‘Swaps’’ and ‘‘Options’’ Regulation: availability of cost effective hedging tools. that would improve Commodity Future The CFTC undertook a tortuous four-year Sincerely, Trading Commission (CFTC) operations and path of issuing interim final rules, policy NATIONAL CORN GROWERS provide much-needed marketplace certainty guidance, and no-action letters, to arrive ASSOCIATION. and regulatory relief for natural gas utilities yesterday at yet another ‘‘interpretation’’ NATURAL GAS SUPPLY and the American homes and businesses to regarding how much of the physical market- ASSOCIATION. which they deliver natural gas. place will not be regulated as ‘‘swaps’’. In The American Gas Association (AGA), the interim, gas utilities have seen their JUNE 2, 2015. founded in 1918, represents more than 200 physical gas counterparties (natural gas sup- Hon. JOHN BOEHNER, local energy companies that deliver clean pliers) exit the marketplace. Those that re- Speaker, House of Representatives, natural gas throughout the United States. main, offer less flexible and more costly con- Washington, DC. There are more than 71 million residential, tracting terms to avoid any confusion gen- Hon. MICHAEL CONAWAY, commercial and industrial natural gas cus- erated by CFTC policies that suggest these Chairman, House Agriculture Committee, House tomers in the U.S., of which 94 percent—over physical transactions are ‘‘swaps’’. In the of Representatives,Washington, DC. 68 million customers—receive their gas from past year alone, many AGA members’ Hon. NANCY PELOSI, AGA members. AGA is an advocate for nat- counterparties have abstained from pro- Minority Leader, House of Representa- ural gas utility companies and their cus- viding the physical delivery flexibility that tives,Washington, DC. tomers and provides a broad range of pro- is needed to manage customer demand dur- Hon. COLLIN PETERSON, grams and services for member natural gas ing hard winters and cold snaps. For AGA’s Ranking Member, House Agriculture Committee, pipelines, marketers, gatherers, inter- rate-regulated utilities, cost increases for House of Representatives,Washington, DC. national natural gas companies and industry flexible gas supplies are passed directly to DEAR SPEAKER BOEHNER, LEADER PELOSI, associates. Today, natural gas meets more consumers. CHAIRMAN CONAWAY, AND RANKING MEMBER than one-fourth of the United States’ energy Yesterday’s Interpretation does help clar- PETERSON: On behalf of the member compa- needs. ify the morass of regulatory guidance that

VerDate Sep 11 2014 03:50 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.008 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3935 the CFTC has issued in prior years. However, While the Commodity Futures Trading were playing us against each other, confusion remains as at least two Commis- Commission has issued no-action relief al- getting the United States to water sioners disagree about what the CFTC has lowing some end-users to use the clearing ex- down rules by threatening to move actually accomplished (see statements from ception, the relief does not fix the problem- their business elsewhere and vice versa, CFTC Chairman Massad and Commissioner atic language in the Dodd-Frank Act. This Bowen). Natural gas utilities cannot afford language, which also is referenced in regu- and that was verified on committee to wait any longer for policy clarity because latory proposals on margin, places corporate trips that we took over to Europe and energy consumers are paying the price for boards in the difficult position of approving in discussions with their regulators. the CFTC’s confusion. The Commodity End decisions not to clear trades based on a staff The cost-benefit requirement, as I User Relief Act will definitively clarify that letter indicating that the law will not be en- said, along with the cross-border rule, non-financial energy delivery agreements, forced against the company. will cost $45 billion over 5 years, ac- that ensure physical delivery of natural gas It also is important to note that inter- cording to the CBO. And again, this is to homes and businesses, will not be treated national regulators often look to U.S. rules— a cost that I believe doesn’t have a by the CFTC as speculative, financial instru- but not no-action letters—when developing ments. The bill will help restore liquidity to their regulations. Unless we fix the under- whole lot of benefit. the physical energy marketplace, which gas lying problem in the Dodd-Frank Act, our H.R. 2289 has a whole host of other utilities rely on to mitigate commercial risk denial of clearing relief to end-users with problems. The bill unravels the trans- on behalf of consumers. CTUs may be propagated overseas. parency provided by Dodd-Frank, slows Congress certainly did not intend to pro- Throughout the legislative and regulatory down CFTC staff ability to respond to vide the CFTC a tremendous regulatory process surrounding the Dodd-Frank Act, the industry concerns, mucks up the Com- mandate without giving it the necessary Coalition has supported efforts to increase guidance and authority to do its job. Fur- mission’s ability to issue guidance if transparency in the derivatives markets and rules need updating or clarification, thermore, Congress did not intend for the enhance financial stability for the U.S. econ- CEA to constrain liquidity in the physical omy through thoughtful new regulation and relitigates a disagreement between natural gas marketplace, create business- while avoiding needless costs. We urge you former commissioners that has no changing impacts on regulated natural gas to support the efforts to move this essential place in this bill. utilities, or increase the costs of reliable clarification in H.R. 2289. This is a bad bill that can’t be fixed. service for natural gas consumers. As such, Sincerely, It should be defeated by the House. I AGA supports the Commodity End User Re- COALITION FOR DERIVATIVES END-USERS. urge my colleagues to oppose H.R. 2289. lief Act because it provides the CFTC the Mr. Chairman, I have a statement tools necessary to be a responsive regulator Mr. PETERSON. Mr. Chairman, I and restores the regulatory confidence that yield myself such time as I may con- from the administration where they natural gas utilities rely on to procure nat- sume. have indicated their displeasure with ural gas supplies at the lowest reasonable Mr. Chairman, I oppose this legisla- this bill and the fact that they are cost for the benefit of America’s natural gas tion because it will roll back important going to recommend vetoing it. consumers. financial regulations and interfere with I reserve the balance of my time. Sincerely, the CFTC’s ability to do its work. I am STATEMENT OF ADMINISTRATION POLICY DAVE MCCURDY, very concerned that H.R. 2289 will open H.R. 2289—COMMODITY END-USER RELIEF ACT President and CEO, American Gas Association. the door to the types of things that (Rep. Conaway, R–TX, June 2, 2015) created the financial mess that we are The Administration is firmly committed JUNE 8, 2015. just beginning to get ourselves out of. to strengthening the Nation’s financial sys- Re End-User Support for Passage of Deriva- So let me be clear. I don’t have an tem through the implementation of key re- tives End-User Clarifications in H.R. issue with many of the provisions that forms to safeguard derivatives markets and 2289, the Commodity End-User Relief are relevant to end-user protections. In ensure a stronger and fairer financial system Act. fact, the Dodd-Frank bill that I helped for investors and consumers. The full benefit TO THE MEMBERS OF THE U.S. HOUSE OF to the Nation’s citizens and the economy write states very clearly that end users cannot be realized unless the entities REPRESENTATIVES: The Coalition for Deriva- were not the problem, and the CFTC tives End-Users represents the views of com- charged with establishing and enforcing the panies that employ derivatives primarily to has been very receptive to that fact rules of the road have the resources to do so. manage risks associated with their busi- and taken that into consideration as The Administration strongly opposes the nesses. Hundreds of companies and business they have adopted rules. passage of H.R. 2289 because it undermines associations have been active in the Coali- One of my biggest concerns in this the efficient functioning of the Commodity tion, seeking strong, effective and fair regu- bill is the new cost-benefit analysis. Futures Trading Commission (CFTC) by im- lation of derivatives markets that brings This is, in my opinion, all cost and not posing a number of organizational and procedural changes and would undercut efforts transparency and mitigates the risk of an- a lot of benefit unless you are one of other systemic collapse while not unduly taken by the CFTC over the last year to ad- burdening American businesses and harming the nine big banks who, as far as I am dress end-user concerns. H.R. 2289 also offers job growth. The Coalition supports H.R. 2289, concerned, have not learned a thing no solution to address the persistent inad- the Commodity End-User Relief Act, which from the financial crisis. This not only equacy of the agency’s finding. The CFTC is incorporates vital legislation aimed at pro- adds an unneeded layer of government one of only two Federal financial regulators tecting derivatives end-users. bureaucracy; it opens the doors to law- funded through annual discretionary appro- In particular, the Coalition strongly sup- suits from major banks seeking to priations, and the funding the Congress has ports the bill’s inclusion of the language of delay or completely derail CFTC provided for it over the past five years has failed to keep pace with the increasing com- H.R. 1317, the Derivatives End-User Clarifica- rulemakings. tion Act, sponsored by Representatives plexity of the Nation’s financial markets. Moore, Stivers, Fudge and Gibson. H.R. 1317 I also have serious concerns with the The changes proposed in H.R. 2289 would is a narrowly targeted bill providing much- trouble that will be caused by section hinder the ability of the CFTC to operate ef- needed clarification that certain swap trans- 314, the cross-border section of this fectively, thereby threatening the financial actions with centralized treasury units bill. security of the middle class by encouraging (‘‘CTUs’’) of non-financial end-users are ex- Chairman Massad has been negoti- the same kind of risky, irresponsible behav- empt from clearing requirements and fixes a ating extensively and in good faith ior that led to the great recession. language glitch in the Dodd-Frank Wall with our European counterparts to har- Prior to enactment of the Dodd-Frank Street Reform and Consumer Protection Act monize their rules with ours. I have Wall Street Reform and Consumer Protec- tion Act, the derivatives markets were large- (the ‘‘Dodd-Frank Act’’) that denies some talked to the Chairman a number of end-users that employ CTUs the clearing ex- ly unregulated. Losses connected to deriva- ception that Congress passed specifically for times about this, and he has assured tives rippled through that hidden network, them. me and it has been independently playing a central role in the financial crisis. A Coalition survey of chief financial offi- verified that they are 85 percent of the Wall Street Reform resulted in significant cers and corporate treasurers found that way to getting a deal in this area. This expansion of the CFTC’s responsibilities, es- nearly half of the respondents use CTUs to provision in my opinion will cut the tablishing a framework for standardized execute over-the-counter derivatives. The negotiators off at the knees. I am wor- over-the-counter derivatives to be traded on Coalition is encouraged that the House of ried that this provision will take us regulated platforms and centrally cleared, Representatives last year passed this CTU and for data to be reported to repositories to language (H.R. 5471/S. 2976) by voice vote, re- back to where we were and what was increase transparency and price discovery. flecting the fact that CTUs are a best prac- happening prior to the financial crash. The changes proposed in H.R. 2289 would tice among corporate treasurers and their The big banks at that time that have hinder the CFTC’s progress in successfully use should be encouraged, not penalized. offices both in London and New York implementing these critical responsibilities

VerDate Sep 11 2014 01:52 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.010 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3936 CONGRESSIONAL RECORD — HOUSE June 9, 2015 and would unnecessarily disrupt the effective It is important that we do all we can that our legislation subverts the management and operation of the agency to erase this unintended and excessive CFTC’s authority to regulate foreign without providing the more robust and reli- red tape. One measure included in this derivatives, this is flat-out false be- able funding that the agency needs. cause at no point is an entity of the In order to respond quickly to market bill today will do just that, which is events and market participants, the CFTC my Public Power Risk Management United States person able to escape needs funding commensurate with its evolv- Act, which passed with the full support U.S. rules that the CFTC, itself, has ing oversight framework. The Administra- of the House last year. Again, it is in- deemed equivalent. Let me read section looks forward to working with the Con- cluded in the bill today. tion 314 that has been referred to. In gress to authorize fee funding for the CFTC There are over 2,000 publicly owned section (b)(2)(A) of 314, it clearly states as proposed in the FY 2016 Budget request, a utilities across the United States, in- that only the CFTC can make sure that shift that would directly reduce the deficit. cluding one in my district in the city foreign entities, regulations are com- User fees were first proposed in the Presi- of Redding, that have used swaps to parable to the United States. At no dent’s Budget by the Reagan Administration manage their risk for years. However, point do we yield the power of the more than 30 years ago and have been sup- CFTC to any foreign entity unless the ported by every Democratic and Republican Dodd-Frank put them at a major dis- Administration since that time. Fee funding advantage to private utilities by lim- CFTC makes sure that that foreign en- would shift CFTC costs from the general tax- iting their ability to negotiate with tity has equivalent rules to our Nation. payer to the primary beneficiaries of the swap dealers. Now, let me go to the claim that we CFTC’s oversight in a manner that main- This bill would level the playing field are making it harder to challenge the tains the efficiency, competitiveness, and fi- permanently and ensure the 47 million cross border in 314. We are doing no nancial integrity of the Nation’s futures, op- Americans who rely on public power such thing. It is important that if tions, and swaps markets, and supports mar- for electricity will not see their rates there is a country, if there is anybody ket access for smaller market participants in the world that wants to challenge, hedging or mitigating commercial or agri- increase due to unnecessary regulatory policies. Our farmers, ranchers, and that wants to have a way of chal- cultural risk. lenging the ruling of the CFTC, it is in If the President were presented with H.R. small businesses who pose no systemic 2289, his senior advisors would recommend risk to our financial system and cer- our best interest to make sure that that he veto the bill. tainly did not cause the financial crisis they go through a petition process, and the petition process is there to give the Mr. CONAWAY. Mr. Chairman, I should not have to face costly bureau- CFTC ample time—180 days—to review yield myself 1 minute. cratic overreach from policies origi- the challenge and be able to respond I remind my colleagues that the cost- nally intended to protect them in the appropriately. And after the Commis- benefit analysis provisions that are in first place. sion makes its decision, we request this bill are remarkably similar to the I thank Chairman CONAWAY for his them to report to the Congress. Now, bill last year, which garnered over- leadership on this bill. Let’s help our how is that making it harder? As a whelming support, including support agriculture community by passing this matter of fact, it is making it easier out of the Agriculture Committee commonsense piece of legislation. itself. Cost-benefit analysis is an im- Mr. PETERSON. Mr. Chairman, I and more transparent. Now, the concern about the bill’s at- portant tool for any regulatory agency yield 5 minutes to the gentleman from tempts to rein in the CFTC’s capacity to have at its disposal to be able to use. Georgia (Mr. DAVID SCOTT). to impose certain rules on Wall Street This agency did not use the cost-ben- Mr. DAVID SCOTT of Georgia. Mr. trades, this concern refers to what we efit analysis rule that was in place be- Chairman, as the ranking member of refer to as U.S. persons and location the subcommittee of jurisdiction over cause it was so weak and toothless that tests. At no time, Mr. Chairman, does this bill, I would like to address the they just basically gave lip service to our bill state that U.S. persons are not three major areas of contention here. it, according to their own IG. subject to U.S. rules. Individuals and The cost-benefit analysis in this bill We have put a lot of time, a lot of work transactions are still allowed to be mirrors in most instances President in this over the years. carved in definitions and, thus, subject First, we want to deal with, as Mr. Obama’s executive order from January to the same rules, the same tests, and PETERSON brought up, some of his con- 2011 that required all nonindependent regulations. And our own Commis- agencies to conduct cost-benefit anal- cerns and share how we are responding sioner Bowen, who is a Democrat serv- ysis in a transparent manner to get to to that. I am a sponsor of this bill. We ing on the CFTC, stated before my sub- better rules in that regard. have worked on it. It is a similar bill to committee, ‘‘risk should be about risk Mr. Chairman, I yield 2 minutes to what we had before. The first area I and not about location.’’ Tests should the gentleman from California (Mr. want to deal with is cross border, and be about where the risk is, instead of LAMALFA). then I will go to cost-benefit analysis, where someone wrote something on a Mr. LAMALFA. Mr. Chairman, I and then end users. piece of paper. thank my colleague, Chairman CON- What is important for the House and Now let me deal with the business AWAY, for allowing me to speak today. the people of this Nation to understand that our bill creates a presumption I rise today in support of H.R. 2289, is that we operate in a global market, that each of the eight foreign jurisdic- the Commodity End-User Relief Act. and our United States financial system tions with the largest swaps markets End users, such as our ranchers, is best served with deep financial li- automatically have swap rules that are farmers, manufacturers, and public quidity. But if global regulations are considered to be comparable to and as utilities, face risks that they have no not well harmonized, are not well co- comprehensive as the United States re- control over on a daily basis. For years ordinated, or we have good cross-border quirements. Yes, they are correct, but now, they have used tools available to access, then these global markets will that presumption comes only after the manage risks like volatile markets or fragment into separate regulatory ju- CFTC makes sure that those eight for- changing interest rates, such as a risdictions and become far less liquid, eign markets have comparable rules to farmer who uses futures contracts to to the detriment of the United States us. Here is what it says in section 1: establish a guaranteed price to offset financial system. ‘‘The Commission shall determine, by the risk of a decrease in crop value be- We know now that the derivatives rule or by order, whether the swaps fore harvest or a grain company using swaps market is about an $815 trillion regulatory requirements of foreign ju- derivatives to hedge commercial risks piece of the economy, and we must risdictions are comparable to and as associated with buying wheat from a not—and I am sure we will not—put comprehensive as United States re- farmer. This is part of day-to-day oper- our financial system of the United quirements.’’ ations that allow them to do their jobs States at a disadvantage on the world I rest my case. and provide products in an affordable stage. By passing this bill, we will not But now, Mr. Chairman, I want to and accessible manner. However, the do that. If we delay it again, we will be turn to what is the most important implementation of Dodd-Frank placed putting our financial system at a dis- cross-border issue, this business with a number of costly burdens on our end advantage on the stage. the European Union. The European users that limit their ability to use Let me deal with the first concern Union is discriminating against the these tools. that has been brought up. The claim United States.

VerDate Sep 11 2014 01:52 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.005 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3937 The CHAIR. The time of the gen- Now, about the funding, Mr. Chair- a requirement to conduct a cost-benefit tleman has expired. man, perhaps this cost analysis can analysis for new rules, and the estab- Mr. PETERSON. I yield the gen- help us build a case to take to the Ap- lishment of an Office of the Chief Econ- tleman an additional 2 minutes. propriations Committee to get more omist to support such analysis. Cost- Mr. DAVID SCOTT of Georgia. The money. The President has appro- benefit analysis has been a funda- European Union is denying our country priately asked for more money for the mental tool of effective government for status in terms of equivalency of rules. CFTC. more than three decades, and these re- Historically, we have always had that. Year after year after year, I have quirements would help protect Main But what is very interesting is they been asking for more money, but I do Street businesses, investors, and con- have already given this standing to ju- believe that if we put the cost-benefit sumers from some of the unintended risdictions that have the same regime analysis in there—and, again, Mr. consequences of regulation.’’ as ours. Chairman, we have a section in there CHAMBER OF COMMERCE OF THE Why is that? where this cost-benefit analysis would UNITED STATES OF AMERICA, Something very strange is going on be more succinct if it is done with an Washington, DC, June 8, 2015. TO THE MEMBERS OF THE U.S. HOUSE OF in the European Union. They are dis- economist. Cost benefit is an economic criminating against our financial sys- REPRESENTATIVES: The U.S. Chamber of issue, a financial issue; an economist Commerce, the world’s largest business fed- tem when they will go ahead and ap- should be doing that, not a lawyer. eration representing the interests of more prove other regimes that are equal to I believe, Mr. Chairman, that if we than three million businesses of all sizes, ours but not ours. pass this bill, we will be taking a great sectors, and regions, as well as state and Why is this a terrible thing? step forward to be able to put our local chambers and industry associations, Because, Mr. Chairman, our clearing- CFTC on the world stage to be able to and dedicated to promoting, protecting, and houses can’t do business in Europe if defending America’s free enterprise system, negotiate the rules and regulations for strongly supports H.R. 2289, the ‘‘Commodity we are not qualified, if we do not have the United States of America from a that equivalency. So by taking that End-User Relief Act,’’ a bipartisan bill that position of strength, not weakness. would reauthorize the Commodity Futures equivalency away, they are keeping This is a very delicate time for us, and Trading Commission (CFTC). This bill also our clearinghouses and our businesses we are losing respect. includes a number of important reforms de- from being able to be used there be- Look at the EU; look at how other signed to promote smart regulation, enhance cause the other market participants nations are treating us. Could it be, accountability at the CFTC, and protect will go elsewhere rather than come and Mr. Chairman, that we are losing this Main Street businesses from onerous and unintended derivatives regulation. do business with us. respect largely because in a way by There are millions of dollars at stake The Chamber is particularly supportive of continuing year after year—this is the provisions in H.R. 2289 that would help pre- here, so we have got to certainly deal third year of not reauthorizing CFTC— serve the ability of commercial end users to with that. by us doing that, we are not respecting manage their financial risks by using deriva- b 1545 ourselves, Mr. Chairman? tives. This bill includes a critical fix that Now, finally, Mr. Chairman, I do would ensure non-financial companies would Mr. Chairman, I do want to say some- be protected from burdensome and unneces- thing about this cost-benefit analysis want to say this one thing about the sary regulations, consistent with Congress’s because this is not all truth is being end users. This is a very important clear intent under the Dodd-Frank Act al- told here. This cost-benefit analysis is piece of this bill. They can’t wait an- most five years ago. Non-financial compa- being put on because it has the way of other 3 years. They need this relief nies that use centralized treasury units to being able to make us more efficient. right away, and we need to do and be manage their enterprise-wide risk should not be penalized for adopting this risk reducing Mr. PETERSON brought up the point able to get them out of an identification of being a financial institution. structure, and H.R. 2289 acknowledges and of litigation; that is a legitimate con- would address this issue. cern, but here is what we did: we ac- Let me tell you why that is. End This bill also takes a practical approach to cepted and approved an amendment by users are businesses who use a single address one of the most problematic areas of Democratic Representative DELBENE entity that allows their company to regulatory implementation in the global de- and some Republicans to make sure centralize functions such as credit and rivatives market: cross-border harmoni- that the CFTC’s back door is protected. risk; however, when the banking laws zation. Many end users operate internation- The amendment clearly states that the come in on finance, they put them in ally and are struggling to meet the changing demands of multiple, conflicting, and some- court must uphold the decision of the that category. The CHAIR. The time of the gen- times duplicative regulatory regimes. H.R. CFTC unless there has been an abuse of 2289 would require the CFTC to move quickly discretion. tleman has again expired. to make substituted compliance determina- In a court of law, abuse is a high Mr. CONAWAY. Mr. Chairman, I tions that would significantly reduce need- threshold to attain. yield myself such time as I may con- less complexity and uncertainty for U.S. The CHAIR. The time of the gen- sume. businesses, without reducing market trans- tleman has again expired. I enter into the RECORD a statement parency. Mr. CONAWAY. Mr. Chairman, I from the Chamber of Commerce and The Chamber also supports provisions in yield the gentleman an additional 3 would like to read a couple of para- this bill intended to promote transparency graphs from that. and accountability in the CFTC’s rule- minutes. making process, including a requirement to Mr. DAVID SCOTT of Georgia. This ‘‘This bill also takes a practical ap- conduct a cost-benefit analysis for new rules, is important, Mr. Chairman. I have got proach to address one of the most prob- and the establishment of an Office of the my name on this bill. I have put the lematic areas of regulatory implemen- Chief Economist to support such analysis. work and time into this bill. It is im- tation in the global derivatives mar- Cost-benefit analysis has been a fundamental portant that I give the reasons why I ket: cross-border harmonization. Many tool of effective government for more than am supporting this bill. end users operate internationally and three decades, and these requirements would Now, this amendment says, as I said are struggling to meet the changing de- help protect Main Street businesses, inves- before, that a court must uphold the mands of multiple, conflicting, and tors, and consumers from some of the unintended consequences of regulation. decision of the CFTC unless there has sometimes duplicative regulatory re- Additionally, H.R. 2289 contains a number been an abuse of discretion. In a court gimes. H.R. 2289 would require the of sensible provisions that would promote of law, abuse is a high threshold to at- CFTC to move quickly to make sub- principles of good governance, including pro- tain. If a firm wants to challenge the stituted compliance determinations viding market participants with better Com- CFTC, they know right off that they that would significantly reduce need- mission oversight regarding ‘‘no action’’ let- better have beyond compelling facts to less complexity and uncertainty for ters issued by the CFTC staff, and a require- prove it. U.S. businesses, without reducing mar- ment that the CFTC develop internal risk The CFTC’s abuse of power is a dis- control mechanisms in order to protect sen- ket transparency. sitive market data. These are common sense cretion. We are letting anyone know The Chamber also supports provi- measures that would help make the CFTC a who would dare to pursue litigation sions in this bill intended to promote more effective and accountable regulator, against the CFTC that they better transparency and accountability in the and the Chamber appreciates their inclusion think twice. CFTC’s rulemaking process, including in this bill.

VerDate Sep 11 2014 01:52 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.018 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3938 CONGRESSIONAL RECORD — HOUSE June 9, 2015 The Chamber strongly urges you to sup- Mr. PETERSON. Mr. Chairman, I I rise today to support H.R. 2289, the port H.R. 2289 and may consider including yield 2 minutes to the gentlewoman Commodity End-User Relief Act, a bill votes on, or in relation to, this bill in our an- from Connecticut (Ms. DELAURO). to reauthorize the Commodity Futures nual How They Voted scorecard. Ms. DELAURO. Mr. Chairman, I rise Trading Commission. Sincerely, in opposition to this bill; yet again, R. BRUCE JOSTEN. As we have heard today, the CFTC’s this bill deliberately sets out to weak- mission is to foster a transparent, bal- Mr. CONAWAY. Mr. Chairman, I en one of our most important financial anced, and functional marketplace. yield 2 minutes to the gentleman from regulators, the Commodity Futures However, uncertainty and delays in the Illinois (Mr. RODNEY DAVIS). Trading Commission. marketplace mean higher prices for Mr. RODNEY DAVIS of Illinois. Mr. It fails to address the CFTC’s biggest families and small businesses across Chairman, I thank Chairman CONAWAY challenge, its flawed funding mecha- America. As the committee charged for his leadership on this issue. nism. It prioritizes Wall Street special with ensuring the oversight of our I rise today in support of H.R. 2289, interests over the economic security of commodity markets, it is our duty to the Commodity End-User Relief Act. our Nation’s families. ensure that those markets are func- The use of derivatives is an impor- This bill is a recipe for another finan- tioning properly. tant tool that farmers, agribusinesses, cial disaster like the one that led to For the last several years, the Agri- and manufacturers in my district use the Great Recession and cost nearly 9 culture Committee, through the strong to hedge the risks that come with million American jobs. doing their business. Because of the Americans are tired of casino bank- leadership of former Chairman FRANK risk of price movements and commod- ing and speculation. They want big LUCAS and current Chairman MIKE ities, such as corn and soybeans, these banks and oil speculators held account- CONAWAY, has done an excellent job of end users use derivatives to ensure able. They want to increase the trans- educating Congress and the American they and their customers aren’t nega- parency of our markets, prevent mar- public about the importance of our tively impacted by sudden changes in ket failures, and avoid future bailouts. commodity markets and the need for a prices. That is the CFTC’s job. strong reauthorization of the CFTC. The CFTC has an important role in This bill takes us in the wrong direc- I was also pleased to work closely overseeing these end users, who respon- tion. Instead of helping the CFTC ful- with the Subcommittee on Commodity sibly use derivatives to hedge. Unfortu- fill its mandate in an increasingly Exchanges, Energy, and Credit’s Chair- nately, following the passage of Dodd- complex global financial sector, the man AUSTIN SCOTT on this legislation. Frank in 2010, many of these respon- bill throws up roadblock after road- He and his staff have been leading an sible hedgers, including farmers right block. open and transparent process that in- in my congressional district in central The CFTC is one of only two Federal volved all stakeholder groups and took and southwestern Illinois, have been financial regulators completely reliant input from across the country. impacted by these new regulations that upon the general fund. The Securities In an effort to help the CFTC achieve often treat them as speculators. Mr. and Exchange Commission, the Federal its mission, I worked with the com- Chairman, farmers aren’t speculators. Deposit Insurance Corporation, Federal mittee and the CFTC to craft an Farmers didn’t cause the global finan- Housing Finance Agency, and a host of amendment which was adopted in com- cial crisis, and farmers shouldn’t be others all collect user fees, so should mittee to address the issue of manufac- treated like they did. the CFTC. turers being able to take timely deliv- This bill includes language that I au- This is not a partisan proposition. ery of aluminum for production at a thored to address regulations that The first President to propose user-fee fair price. These manufacturers sup- could directly increase transportation funding for the CFTC was Ronald port a broad set of industries from prices for consumers back home. Addi- Reagan. Every President since then, common drink cans to airplane parts. tionally, the final bill includes an Republican or Democrat, has done the The persistence of long, disruptive amendment I offered at committee same. market queues for the delivery of alu- User fees would directly reduce the that removes unnecessary and duplica- minum at warehouses in the United deficit while securing CFTC’s funding tive regulations created by the CFTC States, licensed overseas, has attracted for the long term. That is even more that require certain registered invest- considerable concern for end users and important now that the agency’s re- ment companies, such as mutual funds, the consumers of products which many sponsibilities have been expanded in re- to be regulated by both the SEC and Americans utilize on a daily basis. sponse to the bad behavior that created the CFTC. My provision will prevent the unrea- the financial crisis. sonable delay of delivery of such com- This language, which was adopted I submitted an amendment that unanimously in the committee, re- modities stored in warehouses, which would have dealt with this problem, can cost end-user companies increased moves this duplicative burden in a but the majority refused to allow it to manner that would not undermine in- storage fees, potentially higher prices be heard. due to supply and demand implications vestor protection because these compa- We must avoid at all costs a return from improper exchange contract denies would still be regulated by the to the conditions that allowed the sign, and result in uneconomic com- SEC. Great Recession to happen, and I urge modity prices. This bill is an important and nec- my colleagues to vote ‘‘no’’ on this bill. essary opportunity for Congress to use Mr. CONAWAY. Mr. Chairman, I Specifically, the amendment directs the reauthorization process as a means yield myself such time as I may con- the CFTC to report to Congress regard- to improve the regulatory environment sume. ing the ongoing review of foreign board and the impact it has on responsible I would like to remind or at least ac- of trade applications of metal ex- market participants, as well as ex- knowledge to the committee that changes and the status of its negotia- changes like the CME Group, which is CFTC’s funding is up 49 percent since tions with foreign regulators regarding headquartered in my home State of Il- 2010 when the Dodd-Frank bill was pre- aluminum warehousing. linois. sented, 49 percent increase in funding. Such status reports shall inform the Mr. Chairman, I am proud of the Mr. Chairman, I yield 3 minutes to CFTC in determining foreign boards of committee’s work on this bill. I want the gentleman from Virginia (Mr. trade status for metals exchange appli- to express my appreciation for the GOODLATTE), the former chairman of cations, and such determination shall work of Chairman CONAWAY and what the House Agriculture Committee and be made no later than September 30, he has done to get us here, as well as the current chairman of the House Ju- 2016. Chairman AUSTIN SCOTT and Ranking diciary Committee. In closing, I would like to again ap- Member DAVID SCOTT of the Com- Mr. GOODLATTE. Mr. Chairman, I plaud Chairman CONAWAY and sub- modity Exchanges, Energy, and Credit thank Chairman CONAWAY for yielding committee Chairman SCOTT for their Subcommittee. me this time and thank him for his hard work to get this bill to the floor This is an important bill, and I urge leadership on this important legisla- today. This bipartisan bill takes steps my colleagues to vote ‘‘yes.’’ tion. to improve consumer protections for

VerDate Sep 11 2014 04:25 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.006 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3939 farmers and ranchers, as well as imple- The CHAIR. The gentleman from exist in many foreign legal jurisdic- menting reforms, to ensure a more bal- Texas has 13 minutes remaining. The tions. The Commission can’t fix it. anced regulatory approach that will gentleman from Minnesota has 15 min- Currently, the CEA defines some util- help our markets thrive. utes remaining. ity companies as financial entities, Mr. PETERSON. Mr. Chairman, I Mr. CONAWAY. I reserve the balance stripping them of their status as end yield myself such time as I may con- of my time. users. The Commission can’t fix that. sume. Mr. PETERSON. Apparently, I have a The core principles of SEFs were lift- With all due respect to my colleagues speaker coming, but she is not here ed almost word for word from the core who have been claiming that the bill yet, so we could wrap up, I guess. principles for future exchanges, even does this and does that, there are a lot Mr. CONAWAY. I am prepared to though SEFs and future exchanges op- of groups that have a different view. close if you are, and I reserve the bal- erate completely differently and SEFs There are over two-hundred-and- ance of my time. cannot perform many of the functions some groups that disagree with how Mr. PETERSON. Mr. Chair, I think I of a futures exchange. The Commission the impacts of these bills were going to made clear my position. I was hoping can’t fix this. affect the markets, including the that we could work out a bill here that Certainly, the Commission can and chairman of the Commodity Futures could have support across the board, has tried to paper over these problems Trading Commission, who are the peo- but I just think that there are areas we by issuing staff letters explaining how ple who actually have to administer have gone into with this bill that are it would deal with incongruities of the this law. going to cause more harm than good, law, but this isn’t good enough. We b 1600 and I think it is not a good bill. It is know the problems, and we should fix And we have a letter from the chair- not the kind of bill that we need to them. man that has a completely different give the Commission the reauthoriza- Sometimes, though, the problem point of view than Mr. SCOTT has and tion that they need to do their job, so isn’t the statute. There are a number others in terms of how this will impact I ask my colleagues to oppose the bill. of end users that we have heard testi- the situation. According to the chair- I yield back the balance of my time. mony about which the CFTC will not man, you know, he is opposed to this. Mr. CONAWAY. Mr. Chairman, I fix because the Commission simply dis- He says: ‘‘I believe that many of the yield myself the balance of the time. agrees with Congress about how to provisions in this bill before the com- It should come as no surprise that apply the law. We know these prob- mittee are either unnecessary or im- those who are being regulated have a lems, too. pose requirements on the Commission difference of opinion with the folks The Commission has promulgated a that would make it harder to fulfill proposing regulations. In this instance, rule that reduces the transaction their mission. The bill limits the agen- the roles are actually reversed. threshold, which triggers the require- cy’s ability to respond quickly to both Tim Massad is a good guy, a good ment to register as a swap dealer from market events and market partici- friend of mine, and an individual I look $8 billion to $3 billion, a 60 percent de- pants. It will make it more difficult for forward to working with. He doesn’t cline, while they are still studying the us to make adjustments to rules and want to change the deal he has got. matter. We require that the CFTC com- achieve greater global harmonization Well, if you look back at all the tes- plete the study and have a public vote of swaps rules. With respect to the pro- timony that has been delivered on the matter before that automatic visions pertaining to commercial end throughout all of our hearings, most of decrease occurs. users’ concerns, the agency has suffi- the folks on the regulated side, the end The Commission has proposed a new cient authority to address the goals users, the banks, the brokers, the and significantly narrower method of outlined in the legislation and in most SEFs, everybody else, they didn’t like granting bona fide hedge exemptions, cases has already done so.’’ what the CFTC was doing to them. So upending longstanding hedging conven- He also states: ‘‘I have concerns that the CFTC was able to power through tions for market participants. This title II of the bill includes language the objections, and I would like for us proposal is also dramatically more that would complicate the agency’s to do the same thing, because what we labor intensive for the Commission to longstanding statutory requirements have asked the CFTC to do is rational, implement than the current process. to consider costs and benefits in its straightforward stuff with respect to We should insist that historic hedging rulemaking, imposing additional, un- the changes at the operations of the practices be protected. workable standards and creating confu- Committee itself. The Commission has dramatically sion that is likely to lead to more law- Over the past 4 years, the Committee expanded the recordkeeping require- suits instead of policy grounded in on Agriculture has heard dozens of wit- ments, requiring businesses to trade data-driven analysis. Had this language nesses testify about the upheaval end only for themselves and have no fidu- been in effect, it would have been hard- users have been facing while trying to ciary obligations to customers to reer for the agency to positively respond use derivatives markets in the wake of tain any record that would lead to a over the past 10 months to market par- the postcrisis financial reforms. While trade. This requirement demands that ticipants’ concerns. Title II also im- this Congress took affirmative steps in end users retain emails, texts, phone poses procedural requirements on the Dodd-Frank to protect end users from messages, and other records in which a agency that, to my knowledge, are not potential trade or hedge was simply followed by any other independent harm, today it is clear there is still agency. These changes would make it work to be done. contemplated or discussed. We should difficult to manage the agency and to It isn’t enough to simply raise these clearly spell out that end users need ensure accountability and could weak- issues and hope that the CFTC will only retain written records for actual en the Commission for administrations take care of them for us. For one, transactions. to come.’’ sometimes they cannot. There are nu- The challenges facing businesses that So there is a disagreement of opinion merous small oversights in the statute hedge their risks in derivative markets about how this bill will actually im- that have huge implications for end are real, and we have an opportunity pact the marketplace and how it will users that we correct in this legisla- today to fix some of those problems. actually work. And if, as was claimed, tion. Every dollar that a business can save it wasn’t going to have any effect, I The CEA prevents many end users by better managing risks is a dollar would be here supporting it. from claiming their exemption because available to grow its business, to pay In my opinion, this is going to have they conduct their hedging activity higher wages, to protect investors, or significant impacts on the way the out of an affiliate specifically created to lower the costs to consumers. Commission does its work, and I think to manage risks throughout the entire Over the past week, over 40 organiza- it is going to do more harm than good. corporate enterprise. The Commission tions representing thousands of Amer- I reserve the balance of my time. can’t fix this req. ican businesses have voiced their sup- Mr. CONAWAY. Mr. Chairman, may I The CEA requires foreign regulators port for the important reforms of the inquire as to how much time is left on to indemnify the CFTC, even though Commodity End-User Relief Act. Busi- both sides? that is a legal concept that does not nesses from agriculture producers, to

VerDate Sep 11 2014 04:25 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.020 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3940 CONGRESSIONAL RECORD — HOUSE June 9, 2015 major manufacturers, to public utili- modest resources currently spent enforcing derivatives markets. While I support the goal ties need every tool available to man- against fraud. of harmonizing global rules in this area, this age their businesses and reduce the un- But don’t take my word for it. The Commis- provision of the bill interferes with the CFTC’s certainties they face each and every sion’s own Chairman says the bill makes it ongoing negotiations to achieve that objective day. harder for the CFTC to fulfill its mission and and instead substitutes and attempts to pre- I urge my colleagues to support the creates ‘‘unintended loopholes and uncertain- determine the majority’s preferred outcome for Commodity End-User Relief Act to pro- ties.’’ The White House says the bill ‘‘[threat- those negotiations. In my judgment, the CFTC tect these companies and to ensure ens] the financial security of the middle class.’’ should be allowed to complete its negotiations that they have the tools they need to And public interest groups, such as the Con- unfettered by the dictates of this legislation. compete in a global economy. I urge sumer Federation of America, and some in- Finally, the non-partisan Congressional my colleagues to support H.R. 2289. dustry groups, have weighed in as well, voic- Budget Office estimates that all of the addi- I yield back the balance of my time. ing their strong opposition to the bill. tional requirements placed on the CFTC by Ms. MAXINE WATERS of California. Mr. While not necessarily surprising, Repub- this legislation will require 30 new employees Chair, I rise today in strong opposition to H.R. licans on the Agricultural Committee refused at a cost of $45 million over the next five 2289. The bill would obstruct our cop on the to work with Ranking Member PETERSON to years—a cost this bill does not even attempt Wall Street beat, the Commodity Futures improve this bill—despite his deep commit- to pay for. Moreover, an amendment to permit Trading Commission, from doing its job. The ment to making the Commission work better the CFTC to collect user fees to close that CFTC is charged with fostering open, trans- for farmers, ranchers and manufacturers. Even gap and help pay for the CFTC’s operations parent, competitive, and financially sound mar- though several of the megabanks that directly was not even afforded the opportunity for an kets, mitigates systemic risk, and protects benefit from H.R. 2289 pled guilty to manipu- up or down vote on the floor of the House market participants, consumers, and the public lating our foreign exchange markets, Repub- today. from fraud, manipulation, and abusive prac- licans also rejected my amendment, which Mr. Chair, the reauthorization of the CFTC tices related to derivatives. In sum, the CFTC sought to ensure that these banks’ admissions is an important subject, worthy of a far more protects farmers, manufacturers, municipali- of violating our laws have real collateral con- thoughtful bill than we are being asked to con- ties, pension funds and retirees but would be sequences and are not merely symbolic. sider today. I strongly urge a no vote, and I Ultimately, this legislation is part of an ongo- thwarted from doing so if H.R. 2289 is en- yield back the balance of my time. acted. ing, multifaceted Republican effort to undercut The CHAIR. All time for general de- In the wake of the worst financial crisis financial reform laws and regulations that pro- bate has expired. since the Great Depression, Congress passed tect consumers, investors and the economy. Pursuant to the rule, the bill shall be Wall Street Reform—and gave our derivatives That’s why it should come as no surprise that considered for amendment under the 5- regulator the authority necessary to oversee Koch Industries, for instance, spent $2.8 mil- minute rule. previously unregulated transactions in which lion lobbying to ensure the passage of this bill In lieu of the amendment in the na- parties agree to exchange—or ‘‘swap’’—the alone. The playbook is well-known: create ture of a substitute recommended by risks of one financial instrument with another. huge loopholes and carve-outs for special in- the Committee on Agriculture, printed terests, while simultaneously underfunding the The most notorious of these are credit-default in the bill, it shall be in order to con- cop with the authority to ensure compliance swaps, made famous by AIG and which fueled sider as an original bill for the purpose the 2008 crisis, bankrupted millions of home- with the law. I urge my colleagues to join me in voting of amendment under the 5-minute rule owners and cost taxpayers trillions of dollars. ‘‘No’’ on this bill. an amendment in the nature of a sub- Nevertheless, under the guise of reauthor- Mr. VAN HOLLEN. Mr. Chair, just yester- stitute consisting of the text of Rules izing the CFTC, Republicans are proposing a day, I signed a letter with five other Ranking Committee Print 114–18. That amend- bill that undermines its regulatory authority, Members on this side of the aisle in opposition ment in the nature of a substitute shall imposes new procedural requirements on an to this poorly conceived Commodity Futures be considered as read. overburdened and underfunded agency, and Trading Commission (CFTC) Reauthorization The text of the amendment in the na- ultimately hamstrings the Commission’s ability bill—which is also opposed by the Obama Ad- ture of a substitute is as follows: to protect the American people. ministration, CFTC Chairman Massad, and a H.R. 2289 This bill imposes heavy administrative hur- whole host of consumer groups. Be it enacted by the Senate and the House of dles and new litigation risks on the CFTC by For those who aren’t familiar with it, the Representatives of the United States of America requiring the agency to conduct a cost-benefit Commodity Futures Trading Commission in Congress assembled, analysis slanted towards industry—a tactic (CFTC) has a very important job: it regulates SECTION 1. SHORT TITLE. that has been pushed in the past by oppo- the futures and options markets in the agricul- This Act may be cited as the ‘‘Commodity nents of financial reform to prevent, delay or tural sector, including commodity-related de- End-User Relief Act’’. weaken any rules implementing the Dodd- rivatives. While there’s no question that the SEC. 2. TABLE OF CONTENTS. Frank Act. appropriate use of these financial instruments The table of contents of this Act is as follows: The bill also makes it much more difficult for can help farmers and commercial end users Sec. 1. Short title. the CFTC to regulate and oversee derivatives hedge their commercial risk, recent history Sec. 2. Table of contents. transactions involving the foreign operations of clearly demonstrates that the unregulated TITLE I—CUSTOMER PROTECTIONS megabanks like Citigroup, JP Morgan, and abuse of these kinds of products can distort Sec. 101. Enhanced protections for futures cus- Bank of America. Earlier this Congress, Re- markets, hurt consumers and put our entire tomers. publicans overreached when they tried to pass economy at risk. The CFTC’s authority was al- Sec. 102. Electronic confirmation of customer a provision weakening the Volcker Rule’s ban lowed to expire in 2013, so its reauthorization funds. Sec. 103. Notice and certifications providing ad- on banks taking bets with taxpayer dollars. is long overdue. Having said that, today’s leg- H.R. 2289 is cut from the same cloth—instead ditional customer protections. islation has multiple major defects. I will briefly Sec. 104. Futures commission merchant compli- allowing these same institutions to avoid U.S. describe three. ance. law by setting up shop in a foreign jurisdiction, First, Title II of H.R. 2289 imposes new bu- Sec. 105. Certainty for futures customers and even though the risk may still be borne by reaucratic requirements on an agency whose market participants. U.S. taxpayers. There is even a provision in activities are already governed by the Com- TITLE II—COMMODITY FUTURES TRADING this bill that absurdly directs the CFTC to ig- modity Exchange Act, the Paperwork Reduc- COMMISSION REFORMS nore the physical location of a bank’s swap tion Act, the Congressional Review Act, and Sec. 201. Extension of operations. trader when determining whether the deriva- the Regulatory Flexibility Act. With all due re- Sec. 202. Consideration by the Commodity Fu- tive was conducted inside the United States spect, the bureaucracy does not need more tures Trading Commission of the for purposes of applying U.S. law. bureaucracy. In this case, it simply needs to costs and benefits of its regula- And all of this is done without providing one do its job policing our financial markets. If en- tions and orders. red cent to pay for these new burdens. CBO acted into law, Title II of this bill would under- Sec. 203. Division directors. estimates that this bill costs at least $45 mil- Sec. 204. Office of the Chief Economist. mine the CFTC’s ability to do its job and sub- Sec. 205. Procedures governing actions taken by lion, but the Republicans wouldn’t even let the ject the commission to unnecessary and costly Commission staff. House consider an amendment to pay for it, litigation risk. Sec. 206. Strategic technology plan. offered by Representative DELAURO. The re- Second, Title III of H.R. 2289 requires a Sec. 207. Internal risk controls. sult is that H.R. 2289 will deplete the CFTC’s complex new rulemaking for our international Sec. 208. Subpoena duration and renewal.

VerDate Sep 11 2014 04:25 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 6343 E:\CR\FM\K09JN7.021 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3941 Sec. 209. Applicability of notice and comment ‘‘(s) A registered futures association shall— tion of which the futures commission merchant requirements of the Administra- ‘‘(1) require each member of the association is a member shall immediately notify the Com- tive Procedure Act to guidance that is a futures commission merchant to main- mission and the self-regulatory organization of voted on by the Commission. tain written policies and procedures regarding this occurrence. Sec. 210. Judicial review of Commission rules. the maintenance of— ‘‘(v) A futures commission merchant that does Sec. 211. GAO study on use of Commission re- ‘‘(A) the residual interest of the member, as not hold a sufficient amount of funds in seg- sources. described in section 1.23 of title 17, Code of Fed- regated accounts for futures customers under Sec. 212. Disclosure of required data of other eral Regulations, in any customer segregated section 1.20 of title 17, Code of Federal Regula- registered entities. funds account of the member, as identified in tions, in foreign futures and foreign options se- Sec. 213. Report on status of any application of section 1.20 of such title, and in any foreign fu- cured amount accounts for foreign futures and metals exchange to register as a tures and foreign options customer secured foreign options secured amount customers under foreign board of trade; deadline amount funds account of the member, as identi- section 30.7 of such title, or in segregated ac- for action on application. fied in section 30.7 of such title; and counts for cleared swap customers under section TITLE III—END-USER RELIEF ‘‘(B) the residual interest of the member, as 22.2 of such title, as required by regulations es- described in section 22.2(e)(4) of such title, in tablished by the Commission or a self-regulatory Sec. 301. Relief for hedgers utilizing centralized any cleared swaps customer collateral account organization of which the futures commission risk management practices. of the member, as identified in section 22.2 of merchant is a member, shall immediately notify Sec. 302. Indemnification requirements. the Commission and the self-regulatory organi- Sec. 303. Transactions with utility special enti- such title; and ‘‘(2) establish rules to govern the withdrawal, zation of this occurrence. ties. transfer or disbursement by any member of the ‘‘(w) Within such time period established by Sec. 304. Utility special entity defined. the Commission after the end of each fiscal Sec. 305. Utility operations-related swap. association, that is a futures commission mer- year, a futures commission merchant shall file Sec. 306. End-users not treated as financial en- chant, of the member’s residual interest in cus- with the Commission a report from the chief tities. tomer segregated funds as provided in such sec- compliance officer of the futures commission Sec. 307. Reporting of illiquid swaps so as to tion 1.20, in foreign futures and foreign options merchant containing an assessment of the inter- not disadvantage certain non-fi- customer secured amount funds, identified as nal compliance programs of the futures commis- nancial end-users. provided in such section 30.7, and from a cleared sion merchant.’’. Sec. 308. Relief for grain elevator operators, swaps customer collateral, identified as provided farmers, agricultural counterpar- in such section 22.2.’’. SEC. 104. FUTURES COMMISSION MERCHANT COMPLIANCE. ties, and commercial market par- SEC. 102. ELECTRONIC CONFIRMATION OF CUS- TOMER FUNDS. (a) IN GENERAL.—Section 4d(a) of the Com- ticipants. modity Exchange Act (7 U.S.C. 6d(a)) is amend- Sec. 309. Relief for end-users who use physical Section 17 of the Commodity Exchange Act (7 U.S.C. 21), as amended by section 101 of this ed— contracts with volumetric (1) by redesignating paragraphs (1) and (2) as optionality. Act, is amended by adding at the end the following: subparagraphs (A) and (B); Sec. 310. Commission vote required before auto- (2) by inserting ‘‘(1)’’ before ‘‘It shall be un- ‘‘(t) A registered futures association shall re- matic change of swap dealer de lawful’’; and quire any member of the association that is a fu- minimis level. (3) by adding at the end the following new Sec. 311. Capital requirements for non-bank tures commission merchant to— paragraph: swap dealers. ‘‘(1) use an electronic system or systems to re- ‘‘(2) Any rules or regulations requiring a fu- Sec. 312. Harmonization with the Jumpstart port financial and operational information to tures commission merchant to maintain a resid- Our Business Startups Act. the association or another party designated by ual interest in accounts held for the benefit of Sec. 313. Bona fide hedge defined to protect the registered futures association, including in- customers in amounts at least sufficient to ex- end-user risk management needs. formation related to customer segregated funds, ceed the sum of all uncollected margin deficits of Sec. 314. Cross-border regulation of derivatives foreign futures and foreign options customer se- such customers shall provide that a futures com- transactions. cured amount funds accounts, and cleared mission merchant shall meet its residual interest Sec. 315. Exemption of qualified charitable or- swaps customer collateral, in accordance with requirement as of the end of each business day ganizations from designation and such terms, conditions, documentation stand- calculated as of the close of business on the pre- regulation as commodity pool op- ards, and regular time intervals as are estab- vious business day.’’. erators. lished by the registered futures association; (b) CONFORMING AMENDMENT.—Section 4d(h) Sec. 316. Small bank holding company clearing ‘‘(2) instruct each depository, including any of such Act (7 U.S.C. 6d(h)) is amended by strik- exemption. bank, trust company, derivatives clearing orga- ing ‘‘Notwithstanding subsection (a)(2)’’ and in- Sec. 317. Core principle certainty. nization, or futures commission merchant, hold- serting ‘‘Notwithstanding subsection (a)(1)(B)’’. Sec. 318. Treatment of Federal Home Loan ing customer segregated funds under section 1.20 SEC. 105. CERTAINTY FOR FUTURES CUSTOMERS Bank products. of title 17, Code of Federal Regulations, foreign AND MARKET PARTICIPANTS. Sec. 319. Treatment of certain funds. futures and foreign options customer secured Section 20(a) of the Commodity Exchange Act TITLE IV—TECHNICAL CORRECTIONS amount funds under section 30.7 of such title, or (7 U.S.C. 24(a)) is amended— cleared swap customer funds under section 22.2 (1) by striking ‘‘and’’ at the end of paragraph Sec. 401. Correction of references. of such title, to report balances in the futures (4); Sec. 402. Elimination of obsolete references to commission merchant’s section 1.20 customer (2) by striking the period at the end of para- dealer options. segregated funds, section 30.7 foreign futures graph (5) and inserting ‘‘; and’’; and Sec. 403. Updated trade data publication re- and foreign options customer secured amount (3) by adding at the end the following: quirement. funds, and section 22.2 cleared swap customer ‘‘(6) that cash, securities, or other property of Sec. 404. Flexibility for registered entities. funds, to the registered futures association or the estate of a commodity broker, including the Sec. 405. Elimination of obsolete references to another party designated by the registered fu- trading or operating accounts of the commodity electronic trading facilities. tures association, in the form, manner, and in- broker and commodities held in inventory by the Sec. 406. Elimination of obsolete reference to al- terval prescribed by the registered futures asso- commodity broker, shall be included in customer ternative swap execution facili- ciation; and property, subject to any otherwise unavoidable ties. ‘‘(3) hold section 1.20 customer segregated security interest, or otherwise unavoidable con- Sec. 407. Elimination of redundant references to funds, section 30.7 foreign futures and foreign tractual offset or netting rights of creditors (in- types of registered entities. options customer secured amount funds and sec- cluding rights set forth in a rule or bylaw of a Sec. 408. Clarification of Commission authority tion 22.2 cleared swaps customer funds in a de- derivatives clearing organization or a clearing over swaps trading. pository that reports the balances in these ac- agency) in respect of such property, but only to Sec. 409. Elimination of obsolete reference to counts of the futures commission merchant held the extent that the property that is otherwise the Commodity Exchange Commis- at the depository to the registered futures asso- customer property is insufficient to satisfy the sion. ciation or another party designated by the reg- net equity claims of public customers (as such Sec. 410. Elimination of obsolete references to istered futures association in the form, manner, term may be defined by the Commission by rule derivative transaction execution and interval prescribed by the registered futures or regulation) of the commodity broker.’’. facilities. association.’’. TITLE II—COMMODITY FUTURES TRADING Sec. 411. Elimination of obsolete references to COMMISSION REFORMS exempt boards of trade. SEC. 103. NOTICE AND CERTIFICATIONS PRO- Sec. 412. Elimination of report due in 1986. VIDING ADDITIONAL CUSTOMER SEC. 201. EXTENSION OF OPERATIONS. PROTECTIONS. Sec. 413. Compliance report flexibility. Section 12(d) of the Commodity Exchange Act Section 17 of the Commodity Exchange Act (7 Sec. 414. Miscellaneous corrections. (7 U.S.C. 16(d)) is amended by striking ‘‘2013’’ U.S.C. 21), as amended by sections 101 and 102 and inserting ‘‘2019’’. TITLE I—CUSTOMER PROTECTIONS of this Act, is amended by adding at the end the SEC. 202. CONSIDERATION BY THE COMMODITY SEC. 101. ENHANCED PROTECTIONS FOR FU- following: FUTURES TRADING COMMISSION OF TURES CUSTOMERS. ‘‘(u) A futures commission merchant that has THE COSTS AND BENEFITS OF ITS Section 17 of the Commodity Exchange Act (7 adjusted net capital in an amount less than the REGULATIONS AND ORDERS. U.S.C. 21) is amended by adding at the end the amount required by regulations established by Section 15(a) of the Commodity Exchange Act following: the Commission or a self-regulatory organiza- (7 U.S.C. 19(a)) is amended—

VerDate Sep 11 2014 04:25 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\CR\FM\A09JN7.011 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3942 CONGRESSIONAL RECORD — HOUSE June 9, 2015 (1) by striking paragraphs (1) and (2) and in- (1) by striking ‘‘(12) The’’ and inserting the 205 and 207 of this Act, is amended by adding at serting the following: following: the end the following: ‘‘(1) IN GENERAL.—Before promulgating a reg- ‘‘(12) RULES AND REGULATIONS.— ‘‘(D) APPLICABILITY OF NOTICE AND COMMENT ulation under this Act or issuing an order (ex- ‘‘(A) IN GENERAL.—Subject to the other provi- RULES TO GUIDANCE VOTED ON BY THE COMMIS- cept as provided in paragraph (3)), the Commis- sions of this paragraph, the’’; and SION.—The notice and comment requirements of sion, through the Office of the Chief Economist, (2) by adding after and below the end the fol- section 553 of title 5, United States Code, shall shall assess and publish in the regulation or lowing new subparagraph: also apply with respect to any Commission order the costs and benefits, both qualitative ‘‘(B) NOTICE TO COMMISSIONERS.—The Com- statement or guidance, including interpretive and quantitative, of the proposed regulation or mission shall develop and publish internal pro- rules, general statements of policy, or rules of order, and the proposed regulation or order cedures governing the issuance by any division Commission organization, procedure, or prac- shall state its statutory justification. or office of the Commission of any response to a tice, that has the effect of implementing, inter- ‘‘(2) CONSIDERATIONS.—In making a reasoned formal, written request or petition from any preting or prescribing law or policy and that is determination of the costs and the benefits, the member of the public for an exemptive, a no-ac- voted on by the Commission.’’. Commission shall evaluate— tion, or an interpretive letter and such proce- SEC. 210. JUDICIAL REVIEW OF COMMISSION ‘‘(A) considerations of protection of market dures shall provide that the commissioners be RULES. participants and the public; provided with the final version of the matter to The Commodity Exchange Act (7 U.S.C. 1 et ‘‘(B) considerations of the efficiency, competi- be issued with sufficient notice to review the seq.) is amended by adding at the end the fol- tiveness, and financial integrity of futures and matter prior to its issuance.’’. lowing: swaps markets; ‘‘SEC. 24. JUDICIAL REVIEW OF COMMISSION ‘‘(C) considerations of the impact on market SEC. 206. STRATEGIC TECHNOLOGY PLAN. Section 2(a) of the Commodity Exchange Act RULES. liquidity in the futures and swaps markets; ‘‘(a) A person adversely affected by a rule of ‘‘(D) considerations of price discovery; (7 U.S.C. 2(a)), as amended by section 204(a) of the Commission promulgated under this Act may ‘‘(E) considerations of sound risk management this Act, is amended by adding at the end the obtain review of the rule in the United States practices; following: ‘‘(F) available alternatives to direct regula- ‘‘(18) STRATEGIC TECHNOLOGY PLAN.— Court of Appeals for the District of Columbia tion; ‘‘(A) IN GENERAL.—Every 5 years, the Commis- Circuit or the United States Court of Appeals for ‘‘(G) the degree and nature of the risks posed sion shall develop and submit to the Committee the circuit where the party resides or has the by various activities within the scope of its ju- on Agriculture of the House of Representatives principal place of business, by filing in the risdiction; and the Committee on Agriculture, Nutrition, court, within 60 days after publication in the ‘‘(H) the costs of complying with the proposed and Forestry of the Senate a detailed plan fo- Federal Register of the entry of the rule, a writ- regulation or order by all regulated entities, in- cused on the acquisition and use of technology ten petition requesting that the rule be set aside. cluding a methodology for quantifying the costs by the Commission. ‘‘(b) A copy of the petition shall be trans- (recognizing that some costs are difficult to ‘‘(B) CONTENTS.—The plan shall— mitted forthwith by the clerk of the court to an quantify); ‘‘(i) include for each related division or office officer designated by the Commission for that ‘‘(I) whether the proposed regulation or order a detailed technology strategy focused on mar- purpose. Thereupon the Commission shall file in is inconsistent, incompatible, or duplicative of ket surveillance and risk detection, market data the court the record on which the rule com- other Federal regulations or orders; collection, aggregation, interpretation, stand- plained of is entered, as provided in section 2112 ‘‘(J) the cost to the Commission of imple- ardization, harmonization, normalization, vali- of title 28, United States Code, and the Federal menting the proposed regulation or order by the dation, streamlining or other data analytic Rules of Appellate Procedure. Commission staff, including a methodology for processes, and internal management and protec- ‘‘(c) On the filing of the petition, the court quantifying the costs; tion of data collected by the Commission, in- has jurisdiction, which becomes exclusive on the ‘‘(K) whether, in choosing among alternative cluding a detailed accounting of how the funds filing of the record, to affirm and enforce or to regulatory approaches, those approaches maxi- provided for technology will be used and the set aside the rule in whole or in part. mize net benefits (including potential economic priorities that will apply in the use of the funds; ‘‘(d) The court shall affirm and enforce the and other benefits, distributive impacts, and eq- and rule unless the Commission’s action in promul- uity); and ‘‘(ii) set forth annual goals to be accomplished gating the rule is found to be arbitrary, capri- ‘‘(L) other public interest considerations.’’; and annual budgets needed to accomplish the cious, an abuse of discretion, or otherwise not in and goals.’’. accordance with law; contrary to constitutional (2) by adding at the end the following: right, power, privilege, or immunity; in excess of SEC. 207. INTERNAL RISK CONTROLS. ‘‘(4) JUDICIAL REVIEW.—Notwithstanding sec- statutory jurisdiction, authority, or limitations, tion 24(d), a court shall affirm a Commission as- Section 2(a)(12) of the Commodity Exchange or short of statutory right; or without observ- sessment of costs and benefits under this sub- Act (7 U.S.C. 2(a)(12)), as amended by section ance of procedure required by law.’’. 205 of this Act, is amended by adding at the end section, unless the court finds the assessment to SEC. 211. GAO STUDY ON USE OF COMMISSION be an abuse of discretion.’’. the following: RESOURCES. ‘‘(C) INTERNAL RISK CONTROLS.—The Commis- SEC. 203. DIVISION DIRECTORS. (a) STUDY.—The Comptroller General of the Section 2(a)(6)(C) of the Commodity Exchange sion, in consultation with the Chief Economist, United States shall conduct a study of the re- Act (7 U.S.C. 2(a)(6)(C)) is amended by inserting shall develop comprehensive internal risk con- sources of the Commodity Futures Trading Com- ‘‘, and the heads of the units shall serve at the trol mechanisms to safeguard and govern the mission that— pleasure of the Commission’’ before the period. storage of all market data by the Commission, (1) assesses whether the resources of the Com- all market data sharing agreements of the Com- SEC. 204. OFFICE OF THE CHIEF ECONOMIST. mission are sufficient to enable the Commission mission, and all academic research performed at (a) IN GENERAL.—Section 2(a) of the Com- to effectively carry out the duties of the Com- modity Exchange Act (7 U.S.C. 2(a)) is amended the Commission using market data.’’. mission; by adding at the end the following: SEC. 208. SUBPOENA DURATION AND RENEWAL. (2) examines the expenditures of the Commis- ‘‘(17) OFFICE OF THE CHIEF ECONOMIST.— Section 6(c)(5) of the Commodity Exchange sion on hardware, software, and analytical ‘‘(A) ESTABLISHMENT.—There is established in Act (7 U.S.C. 9(5)) is amended— processes designed to protect customers in the the Commission the Office of the Chief Econo- (1) by striking ‘‘(5) SUBPOENA.—For’’ and in- areas of— mist. serting the following: (A) market surveillance and risk detection; ‘‘(B) HEAD.—The Office of the Chief Econo- ‘‘(5) SUBPOENA.— and mist shall be headed by the Chief Economist, ‘‘(A) IN GENERAL.—For’’; and (B) market data collection, aggregation, inter- who shall be appointed by the Commission and (2) by adding after and below the end the fol- pretation, standardization, harmonization, and serve at the pleasure of the Commission. lowing: streamlining; ‘‘(C) FUNCTIONS.—The Chief Economist shall ‘‘(B) OMNIBUS ORDERS OF INVESTIGATION.— (3) analyzes the additional workload under- report directly to the Commission and perform ‘‘(i) DURATION AND RENEWAL.—An omnibus taken by the Commission, and ascertains where such functions and duties as the Commission order of investigation shall not be for an indefi- self-regulatory organizations could be more ef- may prescribe. nite duration and may be renewed only by Com- fectively utilized; and ‘‘(D) PROFESSIONAL STAFF.—The Commission mission action. (4) examines existing and emerging post-trade shall appoint such other economists as may be ‘‘(ii) DEFINITION.—In clause (i), the term ‘om- risk reduction services in the swaps market, the necessary to assist the Chief Economist in per- nibus order of investigation’ means an order of notional amount of risk reduction transactions forming such economic analysis, regulatory the Commission authorizing 1 of more members provided by the services, and the effects the cost-benefit analysis, or research any member of of the Commission or its staff to issue subpoenas services have on financial stability, including— the Commission may request.’’. under subparagraph (A) to multiple persons in (A) market surveillance and risk detection; (b) CONFORMING AMENDMENT.—Section relation to a particular subject matter area.’’. (B) market data collection, aggregation, inter- 2(a)(6)(A) of such Act (7 U.S.C. 2(a)(6)(A)) is SEC. 209. APPLICABILITY OF NOTICE AND COM- pretation, standardization, harmonization, and amended by striking ‘‘(4) and (5) of this sub- MENT REQUIREMENTS OF THE AD- streamlining; and section’’ and inserting ‘‘(4), (5), and (17)’’. MINISTRATIVE PROCEDURE ACT TO (C) oversight and compliance work by market SEC. 205. PROCEDURES GOVERNING ACTIONS GUIDANCE VOTED ON BY THE COM- participants and regulators. TAKEN BY COMMISSION STAFF. MISSION. (b) REPORT.—Not later than 180 days after the Section 2(a)(12) of the Commodity Exchange Section 2(a)(12) of the Commodity Exchange date of the enactment of this Act, the Comp- Act (7 U.S.C. 2(a)(12)) is amended— Act (7 U.S.C. 2(a)(12)), as amended by sections troller General of the United States shall submit

VerDate Sep 11 2014 04:25 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 6333 E:\CR\FM\A09JN7.011 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3943 to the Committee on Agriculture of the House of SEC. 213. REPORT ON STATUS OF ANY APPLICA- sion shall receive a written agreement from each Representatives and the Committee on Agri- TION OF METALS EXCHANGE TO entity stating that the entity shall abide by the culture, Nutrition, and Forestry of the Senate a REGISTER AS A FOREIGN BOARD OF confidentiality requirements described in section report that contains the results of the study re- TRADE; DEADLINE FOR ACTION ON 8 relating to the information on swap trans- APPLICATION. quired by subsection (a). actions that is provided.’’. (a) REPORT TO CONGRESS.—Within 90 days (b) SWAP DATA REPOSITORIES.—Section 21(d) SEC. 212. DISCLOSURE OF REQUIRED DATA OF after the date of the enactment of this section, of such Act (7 U.S.C. 24a(d)) is amended to read OTHER REGISTERED ENTITIES. the Commodity Futures Trading Commission as follows: Section 8 of the Commodity Exchange Act (7 shall submit to the Congress a written report U.S.C. 12) is amended by adding at the end the ‘‘(d) CONFIDENTIALITY AGREEMENT.—Before on— the swap data repository may share information following: (1) the status of the review by the Commission with any entity described in subsection (c)(7), ‘‘(j) DISCLOSURE OF REQUIRED DATA OF of any application submitted by a metals ex- the swap data repository shall receive a written OTHER REGISTERED ENTITIES.— change to register with the Commission under agreement from each entity stating that the en- ‘‘(1) Except as provided in this subsection, the section 4(b)(1) of the Commodity Exchange Act; tity shall abide by the confidentiality require- Commission may not be compelled to disclose and ments described in section 8 relating to the in- any proprietary information provided to the (2) the status of Commission negotiations with formation on swap transactions that is pro- Commission, except that nothing in this sub- foreign regulators regarding aluminum vided.’’. section— warehousing. (c) SECURITY-BASED SWAP DATA REPOSI- (b) DEADLINE FOR ACTION.—Not later than ‘‘(A) authorizes the Commission to withhold TORIES.—Section 13(n)(5)(H) of the Securities September 30, 2016, the Commission shall take information from Congress; or Exchange Act of 1934 (15 U.S.C. 78m(n)(5)(H)) is action on any such application submitted to the ‘‘(B) prevents the Commission from— amended to read as follows: Commission on or before August 14, 2012. ‘‘(i) complying with a request for information ‘‘(H) CONFIDENTIALITY AGREEMENT.—Before from any other Federal department or agency, TITLE III—END-USER RELIEF the security-based swap data repository may any State or political subdivision thereof, or any SEC. 301. RELIEF FOR HEDGERS UTILIZING CEN- share information with any entity described in foreign government or any department, agency, TRALIZED RISK MANAGEMENT PRAC- subparagraph (G), the security-based swap data or political subdivision thereof requesting the re- TICES. repository shall receive a written agreement port or information for purposes within the (a) IN GENERAL.— from each entity stating that the entity shall scope of its jurisdiction, upon an agreement of (1) COMMODITY EXCHANGE ACT AMENDMENT.— abide by the confidentiality requirements de- confidentiality to protect the information in a Section 2(h)(7)(D)(i) of the Commodity Ex- scribed in section 24 relating to the information manner consistent with this paragraph and sub- change Act (7 U.S.C. 2(h)(7)(D)(i)) is amended on security-based swap transactions that is pro- section (e); or to read as follows: vided.’’. ‘‘(ii) making a disclosure made pursuant to a ‘‘(i) IN GENERAL.—An affiliate of a person that qualifies for an exception under subparagraph SEC. 303. TRANSACTIONS WITH UTILITY SPECIAL court order in connection with an administra- ENTITIES. tive or judicial proceeding brought under this (A) (including an affiliate entity predominantly Section 1a(49) of the Commodity Exchange Act Act, in any receivership proceeding involving a engaged in providing financing for the purchase (7 U.S.C. 1a(49)) is amended by adding at the receiver appointed in a judicial proceeding of the merchandise or manufactured goods of end the following: the person) may qualify for the exception only brought under this Act, or in any bankruptcy ‘‘(E) CERTAIN TRANSACTIONS WITH A UTILITY if the affiliate enters into the swap to hedge or proceeding in which the Commission has inter- SPECIAL ENTITY.— vened or in which the Commission has the right mitigate the commercial risk of the person or ‘‘(i) Transactions in utility operations-related to appear and be heard under title 11 of the other affiliate of the person that is not a finan- swaps shall be reported pursuant to section 4r. United States Code. cial entity, provided that if the hedge or mitiga- ‘‘(ii) In making a determination to exempt tion of such commercial risk is addressed by en- ‘‘(2) Any proprietary information of a com- pursuant to subparagraph (D), the Commission tering into a swap with a swap dealer or major modity trading advisor or commodity pool oper- shall treat a utility operations-related swap en- swap participant, an appropriate credit support ator ascertained by the Commission in connec- tered into with a utility special entity, as de- measure or other mechanism must be utilized.’’. tion with Form CPO-PQR, Form CTA-PR, and fined in section 4s(h)(2)(D), as if it were entered (2) SECURITIES EXCHANGE ACT OF 1934 AMEND- any successor forms thereto, shall be subject to into with an entity that is not a special entity, MENT.—Section 3C(g)(4)(A) of the Securities Ex- the same limitations on public disclosure, as any as defined in section 4s(h)(2)(C).’’. change Act of 1934 (15 U.S.C. 78c-3(g)(4)(A)) is facts ascertained during an investigation, as SEC. 304. UTILITY SPECIAL ENTITY DEFINED. amended to read as follows: provided by subsection (a); provided, however, Section 4s(h)(2) of the Commodity Exchange ‘‘(A) IN GENERAL.—An affiliate of a person Act (7 U.S.C. 6s(h)(2)) is amended by adding at that the Commission shall not be precluded from that qualifies for an exception under paragraph the end the following: publishing aggregate information compiled from (1) (including affiliate entities predominantly ‘‘(D) UTILITY SPECIAL ENTITY.—For purposes such forms, to the extent such aggregate infor- engaged in providing financing for the purchase of this Act, the term ‘utility special entity’ mation does not identify any individual person of the merchandise or manufactured goods of means a special entity, or any instrumentality, or firm, or such person’s proprietary informa- the person) may qualify for the exception only department, or corporation of or established by tion. if the affiliate enters into the security-based a State or political subdivision of a State, that— ‘‘(3) For purposes of section 552 of title 5, swap to hedge or mitigate the commercial risk of ‘‘(i) owns or operates, or anticipates owning United States Code, this subsection, and the in- the person or other affiliate of the person that or operating, an electric or natural gas facility formation contemplated herein, shall be consid- is not a financial entity, provided that if the or an electric or natural gas operation; ered a statute described in subsection (b)(3)(B) hedge or mitigation of such commercial risk is of such section 552. ‘‘(ii) supplies, or anticipates supplying, nat- addressed by entering into a security-based ural gas and or electric energy to another utility ‘‘(4) For purposes of the definition of propri- swap with a security-based swap dealer or etary information in paragraph (5), the records special entity; major security-based swap participant, an ap- ‘‘(iii) has, or anticipates having, public service and reports of any client account or commodity propriate credit support measure or other mech- pool to which a commodity trading advisor or obligations under Federal, State, or local law or anism must be utilized.’’. regulation to deliver electric energy or natural commodity pool operator registered under this (b) APPLICABILITY OF CREDIT SUPPORT MEAS- title provides services that are filed with the gas service to customers; or URE REQUIREMENT.—The requirements in section ‘‘(iv) is a Federal power marketing agency, as Commission on Form CPO-PQR, CTA-PR, and 2(h)(7)(D)(i) of the Commodity Exchange Act defined in section 3 of the Federal Power Act.’’. any successor forms thereto, shall be deemed to and section 3C(g)(4)(A) of the Securities Ex- SEC. 305. UTILITY OPERATIONS-RELATED SWAP. be the records and reports of the commodity change Act of 1934, as amended by subsection (a) SWAP FURTHER DEFINED.—Section trading advisor or commodity pool operator, re- (a), requiring that a credit support measure or 1a(47)(A)(iii) of the Commodity Exchange Act (7 spectively. other mechanism be utilized if the transfer of U.S.C. 1a(47)(A)(iii)) is amended— ‘‘(5) For purposes of this section, proprietary commercial risk referred to in such sections is (1) by striking ‘‘and’’ at the end of subclause information of a commodity trading advisor or addressed by entering into a swap with a swap commodity pool operator includes sensitive, non- (XXI); dealer or major swap participant or a security- (2) by adding ‘‘and’’ at the end of subclause public information regarding— based swap with a security-based swap dealer or (XXII); and ‘‘(A) the commodity trading advisor, com- major security-based swap participant, as ap- (3) by adding at the end the following: modity pool operator or the trading strategies of propriate, shall not apply with respect to swaps ‘‘(XXIII) a utility operations-related swap;’’. the commodity trading advisor or commodity or security-based swaps, as appropriate, entered (b) UTILITY OPERATIONS-RELATED SWAP DE- pool operator; into before the date of the enactment of this Act. FINED.—Section 1a of such Act (7 U.S.C. 1a) is ‘‘(B) analytical or research methodologies of a SEC. 302. INDEMNIFICATION REQUIREMENTS. amended by adding at the end the following: commodity trading advisor or commodity pool (a) DERIVATIVES CLEARING ORGANIZATIONS.— ‘‘(52) UTILITY OPERATIONS-RELATED SWAP.— operator; Section 5b(k)(5) of the Commodity Exchange Act The term ‘utility operations-related swap’ means ‘‘(C) trading data of a commodity trading ad- (7 U.S.C. 7a-1(k)(5)) is amended to read as fol- a swap that— visor or commodity pool operator; and lows: ‘‘(A) is entered into by a utility to hedge or ‘‘(D) computer hardware or software con- ‘‘(5) CONFIDENTIALITY AGREEMENT.—Before mitigate a commercial risk; taining intellectual property of a commodity the Commission may share information with any ‘‘(B) is not a contract, agreement, or trans- trading advisor or commodity pool operator;’’. entity described in paragraph (4), the Commis- action based on, derived on, or referencing—

VerDate Sep 11 2014 04:25 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 7634 Sfmt 6333 E:\CR\FM\A09JN7.011 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3944 CONGRESSIONAL RECORD — HOUSE June 9, 2015 ‘‘(i) an interest rate, credit, equity, or cur- (E) Section 4s(h)(5)(A)(i) of such Act (7 U.S.C. ‘‘(ii) any purchase or sale of a nonfinancial rency asset class; or 6s(h)(5)(A)(i)) is amended by striking ‘‘1a(18)’’ commodity or security for deferred shipment or ‘‘(ii) except as used for fuel for electric energy and inserting ‘‘1a(19)’’. delivery, so long as the transaction is intended generation, a metal, agricultural commodity, or (F) Section 4t(b)(1)(C) of such Act (7 U.S.C. to be physically settled, including any stand- crude oil or gasoline commodity of any grade; or 6t(b)(1)(C)) is amended by striking alone or embedded option for which exercise re- ‘‘(iii) any other commodity or category of com- ‘‘1a(47)(A)(v)’’ and inserting ‘‘1a(48)(A)(v)’’. sults in a physical delivery obligation;’’. modities identified for this purpose in a rule or (G) Section 5(d)(23) of such Act (7 U.S.C. SEC. 310. COMMISSION VOTE REQUIRED BEFORE order adopted by the Commission in consulta- 7(d)(23)) is amended by striking ‘‘1a(47)(A)(v)’’ AUTOMATIC CHANGE OF SWAP DEAL- tion with the appropriate Federal and State reg- and inserting ‘‘1a(48)(A)(v)’’. ER DE MINIMIS LEVEL. ulatory commissions; and (H) Section 5(e)(1) of such Act (7 U.S.C. Section 1a(49)(D) of the Commodity Exchange ‘‘(C) is associated with— 7(e)(1)) is amended by striking ‘‘1a(9)’’ and in- Act (7 U.S.C. 1a(49)(D)) is amended— ‘‘(i) the generation, production, purchase, or serting ‘‘1a(10)’’. (1) by striking all that precedes ‘‘shall ex- sale of natural gas or electric energy, the supply (I) Section 5b(k)(3)(A) of such Act (7 U.S.C. empt’’ and inserting the following: of natural gas or electric energy to a utility, or 7a-1(k)(3)(A)) is amended by striking ‘‘(D) EXCEPTION.— the delivery of natural gas or electric energy ‘‘1a(47)(A)(v)’’ and inserting ‘‘1a(48)(A)(v)’’. ‘‘(i) IN GENERAL.—The Commission’’; and service to utility customers; (J) Section 5h(f)(10)(A)(iii) of such Act (7 (2) by adding after and below the end the fol- ‘‘(ii) fuel supply for the facilities or operations U.S.C. 7b-3(f)(10)(A)(iii)) is amended by striking lowing new clause: ‘‘(ii) DE MINIMIS QUANTITY.—The de minimis of a utility; ‘‘1a(47)(A)(v)’’ and inserting ‘‘1a(48)(A)(v)’’. ‘‘(iii) compliance with an electric system reli- (K) Section 21(f)(4)(C) of such Act (7 U.S.C. quantity of swap dealing described in clause (i) ability obligation; 24a(f)(4)(C)) is amended by striking ‘‘1a(48)’’ shall be set at a quantity of $8,000,000,000, and ‘‘(iv) compliance with an energy, energy effi- and inserting ‘‘1a(49)’’. may be amended or changed only through a new ciency, conservation, or renewable energy or en- affirmative action of the Commission under- vironmental statute, regulation, or government SEC. 307. REPORTING OF ILLIQUID SWAPS SO AS taken by rule or regulation.’’. TO NOT DISADVANTAGE CERTAIN order applicable to a utility; or NON-FINANCIAL END-USERS. SEC. 311. CAPITAL REQUIREMENTS FOR NON- ‘‘(v) any other electric energy or natural gas Section 2(a)(13) of the Commodity Exchange BANK SWAP DEALERS. swap to which a utility is a party.’’. Act (7 U.S.C. 2(a)(13)) is amended— (a) COMMODITY EXCHANGE ACT.—Section 4s(e) SEC. 306. END-USERS NOT TREATED AS FINAN- (1) in subparagraph (C), by striking ‘‘The of the Commodity Exchange Act (7 U.S.C. 6s(e)) CIAL ENTITIES. Commission’’ and inserting ‘‘Except as provided is amended— (a) IN GENERAL.—Section 2(h)(7)(C)(iii) of the in subparagraph (D), the Commission’’; and (1) in paragraph (2)(B), by striking ‘‘shall’’ Commodity Exchange Act (7 U.S.C. (2) by redesignating subparagraphs (D) and inserting the following: ‘‘and the Securities 2(h)(7)(C)(iii)) is amended to read as follows: through (G) as subparagraphs (E) through (H), and Exchange Commission, in consultation with ‘‘(iii) LIMITATION.—Such definition shall not respectively, and inserting after subparagraph the prudential regulators, shall jointly’’; and include an entity— (2) in paragraph (3)(D)— ‘‘(I) whose primary business is providing fi- (C) the following: (A) in clause (ii), by striking ‘‘shall, to the ‘‘(D) REQUIREMENTS FOR SWAP TRANSACTIONS nancing, and who uses derivatives for the pur- maximum extent practicable,’’ and inserting IN ILLIQUID MARKETS.—Notwithstanding sub- pose of hedging underlying commercial risks re- ‘‘shall’’; and paragraph (C): lated to interest rate and foreign currency expo- (B) by adding at the end the following: ‘‘(i) The Commission shall provide by rule for sures, 90 percent or more of which arise from fi- ‘‘(iii) FINANCIAL MODELS.—To the extent that the public reporting of swap transactions, in- nancing that facilitates the purchase or lease of swap dealers and major swap participants that cluding price and volume data, in illiquid mar- products, 90 percent or more of which are manu- are banks are permitted to use financial models kets that are not cleared and entered into by a factured by the parent company or another sub- approved by the prudential regulators or the Se- non-financial entity that is hedging or miti- sidiary of the parent company; or curities and Exchange Commission to calculate ‘‘(II) who is not supervised by a prudential gating commercial risk in accordance with sub- minimum capital requirements and minimum ini- regulator, and is not described in any of subsection (h)(7)(A). tial and variation margin requirements, includ- clauses (I) through (VII) of clause (i), and— ‘‘(ii) The Commission shall ensure that the ing the use of non-cash collateral, the Commis- ‘‘(aa) is a commercial market participant; or swap transaction information referred to in sion shall, in consultation with the prudential ‘‘(bb) enters into swaps, contracts for future clause (i) of this subparagraph is available to regulators and the Securities and Exchange delivery, and other derivatives on behalf of, or the public no sooner than 30 days after the Commission, permit the use of comparable finan- to hedge or mitigate the commercial risk of, swap transaction has been executed or at such cial models by swap dealers and major swap whether directly or in the aggregate, affiliates later date as the Commission determines appro- participants that are not banks.’’. that are not so supervised or described.’’. priate to protect the identity of participants and (b) SECURITIES EXCHANGE ACT OF 1934.—Sec- (b) COMMERCIAL MARKET PARTICIPANT DE- positions in illiquid markets and to prevent the tion 15F(e) of the Securities Exchange Act of FINED.— elimination or reduction of market liquidity. 1934 (15 U.S.C. 78o-10(e)) is amended— (1) IN GENERAL.—Section 1a of such Act (7 ‘‘(iii) In this subparagraph, the term ‘illiquid (1) in paragraph (2)(B), by striking ‘‘shall’’ U.S.C. 1a), as amended by section 305(b) of this markets’ means any market in which the volume and inserting the following: ‘‘and the Com- Act, is amended by redesignating paragraphs (8) and frequency of trading in swaps is at such a modity Futures Trading Commission, in con- through (52) as paragraphs (9) through (53), re- level as to allow identification of individual sultation with the prudential regulators, shall spectively, and by inserting after paragraph (6) market participants.’’. jointly’’; and the following: SEC. 308. RELIEF FOR GRAIN ELEVATOR OPERA- (2) in paragraph (3)(D)— ‘‘(7) COMMERCIAL MARKET PARTICIPANT.—The TORS, FARMERS, AGRICULTURAL (A) in clause (ii), by striking ‘‘shall, to the term ‘commercial market participant’ means any COUNTERPARTIES, AND COMMER- maximum extent practicable,’’ and inserting producer, processor, merchant, or commercial CIAL MARKET PARTICIPANTS. ‘‘shall’’; and user of an exempt or agricultural commodity, or The Commodity Exchange Act (7 U.S.C. 1 et (B) by adding at the end the following: the products or byproducts of such a com- seq.) is amended by inserting after section 4t the ‘‘(iii) FINANCIAL MODELS.—To the extent that modity.’’. following: security-based swap dealers and major security- (2) CONFORMING AMENDMENTS.— ‘‘SEC. 4u. RECORDKEEPING REQUIREMENTS AP- based swap participants that are banks are per- (A) Section 1a of such Act (7 U.S.C. 1a) is PLICABLE TO NON-REGISTERED mitted to use financial models approved by the amended— MEMBERS OF CERTAIN REGISTERED prudential regulators or the Commodity Futures (i) in subparagraph (A) of paragraph (18) (as ENTITIES. Trading Commission to calculate minimum cap- so redesignated by paragraph (1) of this sub- ‘‘Except as provided in section 4(a)(3), a mem- ital requirements and minimum initial and vari- section), in the matter preceding clause (i), by ber of a designated contract market or a swap ation margin requirements, including the use of striking ‘‘(18)(A)’’ and inserting ‘‘(19)(A)’’; and execution facility that is not registered with the non-cash collateral, the Commission shall, in (ii) in subparagraph (A)(vii) of paragraph (19) Commission and not required to be registered consultation with the Commodity Futures Trad- (as so redesignated by paragraph (1) of this sub- with the Commission in any capacity shall sat- ing Commission, permit the use of comparable fi- section), in the matter following subclause (III), isfy the recordkeeping requirements of this Act nancial models by security-based swap dealers by striking ‘‘(17)(A)’’ and inserting ‘‘(18)(A)’’. and any recordkeeping rule, order, or regulation and major security-based swap participants that (B) Section 4(c)(1)(A)(i)(I) of such Act (7 under this Act by maintaining a written record are not banks.’’. U.S.C. 6(c)(1)(A)(i)(I)) is amended by striking of each transaction in a contract for future de- SEC. 312. HARMONIZATION WITH THE ‘‘(7), paragraph (18)(A)(vii)(III), paragraphs livery, option on a future, swap, swaption, JUMPSTART OUR BUSINESS (23), (24), (31), (32), (38), (39), (41), (42), (46), trade option, or related cash or forward trans- STARTUPS ACT. (47), (48), and (49)’’ and inserting ‘‘(8), para- action. The written record shall be sufficient if Within 90 days after the date of the enactment graph (19)(A)(vii)(III), paragraphs (24), (25), it includes the final agreement between the par- of this Act, the Commodity Futures Trading (32), (33), (39), (40), (42), (43), (47), (48), (49), and ties and the material economic terms of the Commission shall— (50)’’. transaction.’’. (1) revise section 4.7(b) of title 17, Code of Fed- (C) Section 4q(a)(1) of such Act (7 U.S.C. 6o- SEC. 309. RELIEF FOR END-USERS WHO USE PHYS- eral Regulations, in the matter preceding para- 1(a)(1)) is amended by striking ‘‘1a(9)’’ and in- ICAL CONTRACTS WITH VOLUMETRIC graph (1), to read as follows: serting ‘‘1a(10)’’. OPTIONALITY. ‘‘(b) Relief available to commodity pool opera- (D) Section 4s(f)(1)(D) of such Act (7 U.S.C. Section 1a(47)(B)(ii) of the Commodity Ex- tors. Upon filing the notice required by para- 6s(f)(1)(D)) is amended by striking change Act (7 U.S.C. 1a(47)(B)(ii)) is amended to graph (d) of this section, and subject to compli- ‘‘1a(47)(A)(v)’’ and inserting ‘‘1a(48)(A)(v)’’. read as follows: ance with the conditions specified in paragraph

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(d) of this section, any registered commodity (2) COMPARABILITY.—In the rule, the Commis- mercial market participant (as defined in section pool operator who sells participations in a pool sion shall— 1a(7) of the Commodity Exchange Act), or Com- solely to qualified eligible persons in an offering (A) provide that any non-U.S. person or any mission registrant (within the meaning of such which qualifies for exemption from the registra- transaction between two non-U.S. persons shall Act) who petitions the Commission to make or tion requirements of the Securities Act pursuant be exempt from United States swaps require- change a determination under subsection (c)(1) to section 4(2) of that Act or pursuant to Regu- ments if the person or transaction is in compli- or (c)(3) of this section shall be entitled to expe- lation S, 17 CFR 230.901 et seq., and any bank ance with the swaps regulatory requirements of dited consideration of the petition. A petition registered as a commodity pool operator in con- a foreign jurisdiction which the Commission has shall include any evidence or other supporting nection with a pool that is a collective trust determined to be comparable to and as com- materials to justify why the petitioner believes fund whose securities are exempt from registra- prehensive as United States swaps requirements; the Commission should make or change the de- tion under the Securities Act pursuant to sec- and termination. Petitions under this section shall tion 3(a)(2) of that Act and are sold solely to (B) set forth the circumstances in which a be considered by the Commission any time fol- qualified eligible persons, may claim any or all U.S. person or a transaction between a U.S. per- lowing the enactment of this Act. Within 180 of the following relief with respect to such son and a non-U.S. person shall be exempt from days after receipt of a petition for a rulemaking pool:’’; and United States swaps requirements if the person under this section, the Commission shall take (2) revise section 4.13(a)(3)(i) of such title to or transaction is in compliance with the swaps final action on the petition. Within 90 days read as follows: regulatory requirements of a foreign jurisdiction after receipt of a petition to issue an order or ‘‘(i) Interests in the pool are exempt from reg- which the Commission has determined to be change an order issued under this section, the istration under the Securities Act of 1933, and comparable to and as comprehensive as United Commission shall take final action on the peti- such interests are offered and sold pursuant to States swaps requirements. tion. section 4 of the Securities Act of 1933 and the (3) OUTCOMES-BASED COMPARISON.—In devel- (e) REPORT TO CONGRESS.—If the Commission regulations thereunder;’’. oping and applying the criteria, the Commission makes a determination described in this section SEC. 313. BONA FIDE HEDGE DEFINED TO PRO- shall emphasize the results and outcomes of, through an order, the Commission shall articu- TECT END-USER RISK MANAGEMENT rather than the design and construction of, for- late the basis for the determination in a written NEEDS. eign swaps regulatory requirements. report published in the Federal Register and Section 4a(c) of the Commodity Exchange Act (4) RISK-BASED RULEMAKING.—In the rule, the transmitted to the Committee on Agriculture of (7 U.S.C. 6a(c)) is amended— Commission shall not take into account, for the the House of Representatives and Committee on (1) in paragraph (1)— purposes of determining the applicability of Agriculture, Nutrition, and Forestry of the Sen- (A) by striking ‘‘may’’ and inserting ‘‘shall’’; United States swaps requirements, the location ate within 15 days of the determination. The de- and of personnel that arrange, negotiate, or execute termination shall not be effective until 15 days (B) by striking ‘‘future for which’’ and insert- swaps. ing ‘‘future, to be determined by the Commis- after the committees receive the report. (5) No part of any rulemaking under this sec- (f) DEFINITIONS.—As used in this Act and for sion, for which either an appropriate swap is tion shall limit the Commission’s antifraud or purposes of the rules issued pursuant to this available or’’; antimanipulation authority. (2) in paragraph (2)— Act, the following definitions apply: (c) APPLICATION OF THE RULE.— (A) in the matter preceding subparagraph (A), (1) U.S. PERSON.—The term ‘‘U.S. person’’— (1) ASSESSMENTS OF FOREIGN JURISDICTIONS.— by striking ‘‘subsection (a)(2)’’ and all that fol- (A) means— Beginning on the date on which a final rule is (i) any natural person resident in the United lows through ‘‘position as’’ and inserting issued under this section, the Commission shall States; ‘‘paragraphs (2) and (5) of subsection (a) for begin to assess the swaps regulatory require- (ii) any partnership, corporation, trust, or swaps, contracts of sale for future delivery, or ments of foreign jurisdictions, in the order the other legal person organized or incorporated options on the contracts or commodities, a bona Commission determines appropriate, in accord- under the laws of the United States or having fide hedging transaction or position is’’; and ance with the criteria established pursuant to (B) in subparagraph (A)(ii), by striking ‘‘of its principal place of business in the United subsection (b)(1). Following each assessment, risks’’ and inserting ‘‘or management of current States; the Commission shall determine, by rule or by (iii) any account (whether discretionary or or anticipated risks’’; and (3) by adding at the end the following: order, whether the swaps regulatory require- non-discretionary) of a U.S. person; and ‘‘(3) The Commission may further define, by ments of the foreign jurisdiction are comparable (iv) any other person as the Commission may rule or regulation, what constitutes a bona fide to and as comprehensive as United States swaps further define to more effectively carry out the hedging transaction, provided that the rule or requirements. purposes of this section; and regulation is consistent with the requirements of (2) SUBSTITUTED COMPLIANCE FOR UNASSESSED (B) does not include the International Mone- subparagraphs (A) and (B) of paragraph (2).’’. MAJOR MARKETS.—Beginning 18 months after tary Fund, the International Bank for Recon- the date of enactment of this Act— struction and Development, the Inter-American SEC. 314. CROSS-BORDER REGULATION OF DE- RIVATIVES TRANSACTIONS. (A) the swaps regulatory requirements of each Development Bank, the Asian Development (a) RULEMAKING REQUIRED.—Within 1 year of the 8 foreign jurisdictions with the largest Bank, the African Development Bank, the after the date of the enactment of this Act, the swaps markets, as calculated by notional value United Nations, their agencies or pension plans, Commodity Futures Trading Commission shall during the 12-month period ending with such or any other similar international organizations issue a rule that addresses— date of enactment, except those with respect to or their agencies or pension plans. (1) the nature of the connections to the United which a determination has been made under (2) UNITED STATES SWAPS REQUIREMENTS.— States that require a non-U.S. person to register paragraph (1), shall be considered to be com- The term ‘‘United States swaps requirements’’ as a swap dealer or a major swap participant parable to and as comprehensive as United means the provisions relating to swaps con- under the Commodity Exchange Act and the States swaps requirements; and tained in the Commodity Exchange Act (7 regulations issued under such Act; (B) a non-U.S. person or a transaction be- U.S.C. 1a et seq.) that were added by title VII of (2) which of the United States swaps require- tween 2 non-U.S. persons shall be exempt from the Dodd-Frank Wall Street Reform and Con- ments apply to the swap activities of non-U.S. United States swaps requirements if the person sumer Protection Act (15 U.S.C. 8301 et seq.) and persons and U.S. persons and their branches, or transaction is in compliance with the swaps any rules or regulations prescribed by the Com- agencies, subsidiaries, and affiliates outside of regulatory requirements of any of such modity Futures Trading Commission pursuant the United States, and the extent to which the unexcepted foreign jurisdictions. to such provisions. requirements apply; and (3) SUSPENSION OF SUBSTITUTED COMPLI- (3) FOREIGN JURISDICTION.—The term ‘‘foreign (3) the circumstances under which a U.S. per- ANCE.—If the Commission determines, by rule or jurisdiction’’ means any national or supra- son or non-U.S. person in compliance with the by order, that— national political entity with common rules gov- swaps regulatory requirements of a foreign ju- (A) the swaps regulatory requirements of a erning swaps transactions. risdiction shall be exempt from United States foreign jurisdiction are not comparable to and (4) SWAPS REGULATORY REQUIREMENTS.—The swaps requirements. as comprehensive as United States swaps re- term ‘‘swaps regulatory requirements’’ means (b) CONTENT OF THE RULE.— quirements, using the categories and criteria es- any provisions of law, and any rules or regula- (1) CRITERIA.—In the rule, the Commission tablished under subsection (b)(1); tions pursuant to the provisions, governing shall establish criteria for determining that 1 or (B) the foreign jurisdiction does not exempt swaps transactions or the counterparties to more categories of the swaps regulatory require- from its swaps regulatory requirements U.S. per- swaps transactions. ments of a foreign jurisdiction are comparable to sons who are in compliance with United States (g) CONFORMING AMENDMENT.—Section and as comprehensive as United States swaps swaps requirements; or 4(c)(1)(A) of the Commodity Exchange Act (7 requirements. The criteria shall include— (C) the foreign jurisdiction is not providing U.S.C. 6(c)(1)(A)) is amended by inserting ‘‘or (A) the scope and objectives of the swaps reg- equivalent recognition of, or substituted compli- except as necessary to effectuate the purposes of ulatory requirements of the foreign jurisdiction; ance for, registered entities (as defined in sec- the Commodity End-User Relief Act,’’ after ‘‘to (B) the effectiveness of the supervisory compli- tion 1a(41) of the Commodity Exchange Act) grant exemptions,’’. ance program administered; domiciled in the United States, SEC. 315. EXEMPTION OF QUALIFIED CHARITABLE (C) the enforcement authority exercised by the the Commission may suspend, in whole or in ORGANIZATIONS FROM DESIGNA- foreign jurisdiction; and part, a determination made under paragraph (1) TION AND REGULATION AS COM- (D) such other factors as the Commission, by or a consideration granted under paragraph (2). MODITY POOL OPERATORS. rule, determines to be necessary or appropriate (d) PETITION FOR REVIEW OF FOREIGN JURIS- (a) EXCLUSION FROM DEFINITION OF COM- in the public interest. DICTION PRACTICES.—A registered entity, com- MODITY POOL.—Section 1a(10) of the Commodity

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(4) in paragraph (6)(B)— company, if the investment company or sub- (b) INAPPLICABILITY OF PROHIBITION ON USE (A) by striking ‘‘shall—’’ and all that follows sidiary invests, reinvests, owns, holds, or trades OF INSTRUMENTALITIES OF INTERSTATE COM- through ‘‘compliance with the’’ and insert in commodity interests limited to only financial MERCE BY UNREGISTERED COMMODITY TRADING ‘‘shall monitor the trading activity on its facil- commodity interests. ADVISOR.—Section 4m of such Act (7 U.S.C. 6m) ity for compliance with any’’; ‘‘(ii) For purposes of this subparagraph only, is amended— (B) by striking ‘‘or through’’; and the term ‘financial commodity interest’ means a (1) in paragraph (1), in the 2nd sentence, by (C) by adding at the end the following: ‘‘A futures contract, an option on a futures con- inserting ‘‘: Provided further, That the provi- swap execution facility shall be responsible for tract, or a swap, involving a commodity that is sions of this section shall not apply to any com- monitoring positions only on its own facility.’’; not an exempt commodity or an agricultural modity trading advisor that is: (A) a charitable (5) in paragraph (8), by striking ‘‘to liq- commodity, including any index of financial organization, as defined in section 3(c)(10)(D) of uidate’’ and all that follows and inserting ‘‘to commodity interests, whether cash settled or in- the Investment Company Act of 1940, or a trust- suspend or curtail trading in a swap on its own volving physical delivery. ‘‘(iii) For purposes of this subparagraph only, ee, director, officer, employee, or volunteer of facility.’’; the term ‘commodity’ does not include a security such a charitable organization acting within the (6) in paragraph (13)(B), by striking ‘‘1-year issued by a real estate investment trust, business scope of the employment or duties of the person period, as calculated on a rolling basis’’ and in- development company, or issuer of asset-backed with the organization, whose trading advice is serting ‘‘90-day period, as calculated on a roll- securities, including any index of such securi- provided only to, or with respect to, 1 or more of ing basis, or conduct an orderly wind-down of its operations, whichever is greater’’; and ties.’’. the following: (i) any such charitable organiza- (b) AMENDMENT TO THE DEFINITION OF COM- tion, or (ii) an investment trust, syndicate or (7) in paragraph (15)— (A) in subparagraph (A), by adding at the end MODITY TRADING ADVISOR.—Section 1a(12) of similar form of enterprise excluded from the def- such Act (7 U.S.C. 1a(12)) is amended by adding inition of ‘investment company’ pursuant to sec- the following: ‘‘The individual may also perform other responsibilities for the swap execution fa- at the end the following: tion 3(c)(10) of the Investment Company Act of ‘‘(E) The term ‘commodity trading advisor’ cility.’’; 1940; or (B) any plan, company, or account de- does not include a person who serves as an in- scribed in section 3(c)(14) of the Investment (B) in subparagraph (B)— (i) in clause (i), by inserting ‘‘, a committee of vestment adviser to an investment company reg- Company Act of 1940, any person or entity who istered pursuant to section 8 of the Investment establishes or maintains such a plan, company, the board,’’ after ‘‘directly to the board’’; (ii) by striking clauses (iii) through (v) and in- Company Act of 1940 or a subsidiary of such a or account, or any trustee, director, officer, em- company, if the commodity trading advice re- ployee, or volunteer for any of the foregoing serting the following: ‘‘(iii) establish and administer policies and lates only to a financial commodity interest, as plans, persons, or entities acting within the procedures that are reasonably designed to re- defined in paragraph (11)(C)(ii) of this section. scope of the employment or duties of the person solve any conflicts of interest that may arise; For purposes of this subparagraph only, the with the organization, whose trading advice is ‘‘(iv) establish and administer policies and term ‘commodity’ does not include a security provided only to, or with respect to, any invest- procedures that reasonably ensure compliance issued by a real estate investment trust, business ment trust, syndicate, or similar form of enter- with this Act and the rules and regulations development company, or issuer of asset-backed prise excluded from the definition of ‘investment issued under this Act, including rules prescribed securities, including any index of such securi- company’ pursuant to section 3(c)(14) of the In- ties.’’. by the Commission pursuant to this section; vestment Company Act of 1940’’ before the pe- and’’; and TITLE IV—TECHNICAL CORRECTIONS riod; and (iii) by redesignating clause (vi) as clause (v); SEC. 401. CORRECTION OF REFERENCES. (2) by adding at the end the following: (C) in subparagraph (C), by striking ‘‘(B)(vi)’’ (a) Section 2(h)(8)(A)(ii) of the Commodity Ex- ‘‘(4) DISCLOSURE CONCERNING EXCLUDED and inserting ‘‘(B)(v)’’; and change Act (7 U.S.C. 2(h)(8)(A)(ii)) is amended CHARITABLE ORGANIZATIONS.—The operator of (D) in subparagraph (D)— by striking ‘‘5h(f) of this Act’’ and inserting or advisor to any investment trust, syndicate, or (i) in clause (i)— ‘‘5h(g)’’. similar form of enterprise excluded from the def- (I) by striking ‘‘In accordance with rules pre- (b) Section 5c(c)(5)(C)(i) of such Act (7 U.S.C. inition of ‘commodity pool’ by reason of section scribed by the Commission, the’’ and inserting 7a-2(c)(5)(C)(i)) is amended by striking 1a(10)(C) of this Act pursuant to section 3(c)(10) ‘‘The’’; and ‘‘1a(2)(i))’’ and inserting ‘‘1a(19)(i))’’. of the Investment Company Act of 1940 shall (II) by striking ‘‘and sign’’; and (c) Section 23(f) of such Act (7 U.S.C. 26(f)) is provide disclosure in accordance with section (ii) in clause (ii)— amended by striking ‘‘section 7064’’ and insert- 7(e) of the Investment Company Act of 1940.’’. (I) in the matter preceding subclause (I), by ing ‘‘section 706’’. SEC. 316. SMALL BANK HOLDING COMPANY inserting ‘‘or senior officer’’ after ‘‘officer’’; SEC. 402. ELIMINATION OF OBSOLETE REF- CLEARING EXEMPTION. (II) by amending subclause (I) to read as fol- ERENCES TO DEALER OPTIONS. Section 2(h)(7)(C) of the Commodity Exchange lows: (a) IN GENERAL.—Section 4c of the Commodity Act (7 U.S.C. 2(h)(7)(C)) is amended by adding ‘‘(I) submit each report described in clause (i) Exchange Act (7 U.S.C. 6c) is amended by strik- at the end the following: to the Commission; and’’; and ing subsections (d) and (e) and redesignating ‘‘(iv) HOLDING COMPANIES.—A determination (III) in subclause (II), by inserting ‘‘materi- subsections (f) and (g) as subsections (d) and made by the Commission under clause (ii) shall, ally’’ before ‘‘accurate’’. (e), respectively. with respect to small banks and savings associa- (b) CONFORMING AMENDMENTS.— SEC. 318. TREATMENT OF FEDERAL HOME LOAN (1) Section 2(d) of such Act (7 U.S.C. 2(d)) is tions, also apply to their respective bank hold- BANK PRODUCTS. amended by striking ‘‘(g) of’’ and inserting ‘‘(e) ing company (as defined in section 2 of the (a) Section 1a(2) of the Commodity Exchange Bank Holding Company Act of 1956), or savings of’’. Act (7 U.S.C. 1a(2)) is amended— (2) Section 4f(a)(4)(A)(i) of such Act (7 U.S.C. and loan holding company (as defined in sec- (1) in subparagraph (B), by striking ‘‘and’’; 6f(a)(4)(A)(i)) is amended by striking ‘‘(d), (e), tion 10 of the Home Owners’ Loan Act of 1933)), (2) in subparagraph (C), by striking the period and (g)’’ and inserting ‘‘and (e)’’. if the total consolidated assets of the holding and inserting ‘‘; and’’; and company are no greater than the asset threshold (3) Section 4k(5)(A) of such Act (7 U.S.C. (3) by adding at the end the following: 6k(5)(A)) is amended by striking ‘‘(d), (e), and set by the Commission in determining small ‘‘(D) is the Federal Housing Finance Agency bank and savings association eligibility under (g)’’ and inserting ‘‘and (e)’’. for any Federal Home Loan Bank (as defined in (4) Section 5f(b)(1)(A) of such Act (7 U.S.C. clause (ii).’’. section 2 of the Federal Home Loan Bank 7b-1(b)(1)(A)) is amended by striking ‘‘, (e) and SEC. 317. CORE PRINCIPLE CERTAINTY. Act).’’. (g)’’ and inserting ‘‘and (e)’’. Section 5h(f) of the Commodity Exchange Act (b) Section 402(a) of the Legal Certainty for (5) Section 9(a)(2) of such Act (7 U.S.C. (7 U.S.C. 7b–3(f)) is amended— Bank Products Act of 2000 (7 U.S.C. 27(a)) is 13(a)(2)) is amended by striking ‘‘through (e)’’ (1) in paragraph (1)(B), by inserting ‘‘except amended— and inserting ‘‘and (c)’’. as described in this subsection,’’ after ‘‘Commis- (1) by striking ‘‘or’’ at the end of paragraph SEC. 403. UPDATED TRADE DATA PUBLICATION sion by rule or regulation’’; (6); REQUIREMENT. (2) in paragraph (2), by amending subpara- (2) by striking the period at the end of para- Section 4g(e) of the Commodity Exchange Act graph (D) to read as follows: graph (7) and inserting ‘‘; or’’; and (7 U.S.C. 6g(e)) is amended by striking ‘‘ex- ‘‘(D) have reasonable discretion in estab- (3) by adding at the end the following: change’’ and inserting ‘‘each designated con- lishing and enforcing its rules related to trade ‘‘(8) any Federal Home Loan Bank (as defined tract market and swap execution facility’’. practice surveillance, market surveillance, real- in section 2 of the Federal Home Loan Bank SEC. 404. FLEXIBILITY FOR REGISTERED ENTI- time marketing monitoring, and audit trail given Act).’’. TIES. that a swap execution facility may offer a trad- SEC. 319. TREATMENT OF CERTAIN FUNDS. Section 5c(b) of the Commodity Exchange Act ing system or platform to execute or trade swaps (a) AMENDMENT TO THE DEFINITION OF COM- (7 U.S.C. 7a-2(b)) is amended by striking ‘‘con- through any means of interstate commerce. A MODITY POOL OPERATOR.—Section 1a(11) of the tract market, derivatives transaction execution

VerDate Sep 11 2014 04:25 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\CR\FM\A09JN7.011 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3947 facility, or electronic trading facility’’ each SEC. 410. ELIMINATION OF OBSOLETE REF- (q) Section 4a(a)(1) of such Act (7 U.S.C. place it appears and inserting ‘‘registered enti- ERENCES TO DERIVATIVE TRANS- 6a(a)(1)) is amended by striking ‘‘or derivatives ty’’. ACTION EXECUTION FACILITIES. transaction execution facilities’’ each place it SEC. 405. ELIMINATION OF OBSOLETE REF- (a) Section 1a(12)(B)(vi) of the Commodity Ex- appears. ERENCES TO ELECTRONIC TRADING change Act (7 U.S.C. 1a(12)(B)(vi)) is amended (r) Section 4a(e) of such Act (7 U.S.C. 6a(e)) is FACILITIES. by striking ‘‘derivatives transaction execution amended— (a) Section 1a(18)(A)(x) of the Commodity Ex- facility’’ and inserting ‘‘swap execution facil- (1) by striking ‘‘, derivatives transaction exe- change Act (7 U.S.C. 1a(18)(A)(x)) is amended ity’’. cution facility,’’ each place it appears; and by striking ‘‘(other than an electronic trading (b) Section 1a(34) of such Act (7 U.S.C. 1a(34)) (2) by striking ‘‘or derivatives transaction exe- facility with respect to a significant price dis- is amended by striking ‘‘or derivatives trans- cution facility’’. covery contract)’’. action execution facility’’ each place it appears. (s) Section 4c(g) of such Act (7 U.S.C. 6c(g)) is (b) Section 1a(40) of such Act (7 U.S.C. 1a(40)) (c) Section 1a(35)(B)(iii)(I) of such Act (7 amended by striking ‘‘or derivatives transaction is amended— U.S.C. 1a(35)(B)(iii)(I)) is amended by striking execution facility’’ each place it appears. (1) by adding ‘‘and’’ at the end of subpara- ‘‘or registered derivatives transaction execution (t) Section 4d of such Act (7 U.S.C. 6d) is graph (D); and facility’’. (2) by striking all that follows ‘‘section 21’’ amended by striking ‘‘or derivatives transaction (d) Section 2(a)(1)(C)(ii) of such Act (7 U.S.C. execution facility’’ each place it appears. and inserting a period. 2(a)(1)(C)(ii)) is amended— (c) Section 4a(e) of such Act (7 U.S.C. 6a(e)) (u) Section 4e of such Act (7 U.S.C. 6e) is (1) by striking ‘‘, or register a derivatives amended by striking ‘‘or derivatives transaction is amended— transaction execution facility that trades or exe- (1) in the 1st sentence— execution facility’’. cutes,’’; (v) Section 4f(b) of such Act (7 U.S.C. 6f(b)) is (A) by striking ‘‘or by any electronic trading (2) by striking ‘‘, and no derivatives trans- amended by striking ‘‘or derivatives transaction facility’’; action execution facility shall trade or execute (B) by striking ‘‘or on an electronic trading execution facility’’ each place it appears. such contracts of sale (or options on such con- facility’’; and (w) Section 4i of such Act (7 U.S.C. 6i) is tracts) for future delivery’’; and (C) by striking ‘‘or electronic trading facility’’ amended by striking ‘‘or derivatives transaction (3) by striking ‘‘or the derivatives transaction each place it appears; and execution facility’’. execution facility,’’. (2) in the 2nd sentence, by striking ‘‘or elec- (x) Section 4j(a) of such Act (7 U.S.C. 6j(a)) is (e) Section 2(a)(1)(C)(v)(I) of such Act (7 tronic trading facility with respect to a signifi- amended by striking ‘‘and registered derivatives U.S.C. 2(a)(1)(C)(v)(I)) is amended by striking ‘‘, cant price discovery contract’’. transaction execution facility’’. or any derivatives transaction execution facility (d) Section 4g(a) of such Act (7 U.S.C. 6g(a)) (y) Section 4p(a) of such Act (7 U.S.C. 6p(a)) on which such contract or option is traded,’’. is amended by striking ‘‘any significant price is amended by striking ‘‘, or derivatives trans- discovery contract traded or executed on an (f) Section 2(a)(1)(C)(v)(II) of such Act (7 U.S.C. 2(a)(1)(C)(v)(II)) is amended by striking action execution facilities’’. electronic trading facility or’’. (z) Section 4p(b) of such Act (7 U.S.C. 6p(b)) (e) Section 4i(a) of such Act (7 U.S.C. 6i(a)) is ‘‘or derivatives transaction execution facility’’ each place it appears. is amended by striking ‘‘derivatives transaction amended— execution facility,’’. (1) by striking ‘‘, or any significant price dis- (g) Section 2(a)(1)(C)(v)(V) of such Act (7 (aa) Section 5c(f) of such Act (7 U.S.C. 7a-2(f)) covery contract traded or executed on an elec- U.S.C. 2(a)(1)(C)(v)(V)) is amended by striking is amended by striking ‘‘and registered deriva- tronic trading facility or any agreement, con- ‘‘or registered derivatives transaction execution tives transaction execution facility’’. tract, or transaction that is treated by a deriva- facility’’. (bb) Section 5c(f)(1) of such Act (7 U.S.C. 7a- tives clearing organization, whether registered (h) Section 2(a)(1)(D)(i) of such Act (7 U.S.C. or not registered, as fungible with a significant 2(a)(1)(D)(i)) is amended in the matter preceding 2(f)(1)) is amended by striking ‘‘or registered de- price discovery contract’’; and subclause (I)— rivatives transaction execution facility’’. (2) by striking ‘‘or electronic trading facility’’ (1) by striking ‘‘in, or register a derivatives (cc) Section 6 of such Act (7 U.S.C. 8) is (f) Section 6(b) of such Act (7 U.S.C. 8(b)) is transaction execution facility’’; and amended— amended by striking ‘‘or electronic trading facil- (2) by striking ‘‘, or registered as a derivatives (1) by striking ‘‘or registered’’; ity’’ each place it appears. transaction execution facility for,’’. (2) by striking ‘‘or derivatives transaction exe- (g) Section 12(e)(2) of such Act (7 U.S.C. (i) Section 2(a)(1)(D)(i)(IV) of such Act (7 cution facility’’ each place it appears; and 16(e)(2)) is amended by striking ‘‘in the case of— U.S.C. 2(a)(1)(D)(i)(IV)) is amended by striking (3) by striking ‘‘or registration’’ each place it ’’ and all that follows and inserting ‘‘in the case ‘‘registered derivatives transaction execution fa- appears. of an agreement, contract, or transaction that is cility,’’ each place it appears. (dd) Section 6a(a) of such Act (7 U.S.C. excluded from this Act under section 2(c) or 2(f) (j) Section 2(a)(1)(D)(ii)(I) of such Act (7 10a(a)) is amended— of this Act or title IV of the Commodity Futures U.S.C. 2(a)(1)(D)(ii)(I)) is amended to read as (1) by striking ‘‘or registered’’; Modernization Act of 2000, or exempted under follows: (2) by striking ‘‘or a derivatives transaction section 4(c) of this Act (regardless of whether ‘‘(I) the transaction is conducted on or subject execution facility’’; and any such agreement, contract, or transaction is to the rules of a board of trade that has been (3) by inserting ‘‘shall’’ before ‘‘exclude’’. otherwise subject to this Act).’’. designated by the Commission as a contract (ee) Section 6a(b) of such Act (7 U.S.C. 10a(b)) SEC. 406. ELIMINATION OF OBSOLETE REF- market in such security futures product; or’’. is amended— ERENCE TO ALTERNATIVE SWAP (k) Section 2(a)(1)(D)(ii)(II) of such Act (7 (1) by striking ‘‘or registered’’; and EXECUTION FACILITIES. U.S.C. 2(a)(1)(D)(ii)(II)) is amended by striking (2) by striking ‘‘or a derivatives transaction Section 5h(h) of the Commodity Exchange Act ‘‘or registered derivatives transaction execution execution facility’’. (7 U.S.C. 7b-3(h)) is amended by striking ‘‘alter- facility’’. (ff) Section 6d(1) of such Act (7 U.S.C. 13a- native’’ before ‘‘swap’’. (l) Section 2(a)(1)(D)(ii)(III) of such Act (7 2(1)) is amended by striking ‘‘derivatives trans- SEC. 407. ELIMINATION OF REDUNDANT REF- U.S.C. 2(a)(1)(D)(ii)(III)) is amended by striking action execution facility,’’. ERENCES TO TYPES OF REGISTERED ‘‘or registered derivatives transaction execution SEC. 411. ELIMINATION OF OBSOLETE REF- ENTITIES. facility member’’. ERENCES TO EXEMPT BOARDS OF Section 6b of the Commodity Exchange Act (7 (m) Section 2(a)(9)(B)(ii) of such Act (7 U.S.C. TRADE. U.S.C. 13a) is amended in the 1st sentence by 2(a)(9)(B)(ii)) is amended— (a) Section 1a(18)(A)(x) of the Commodity Ex- striking ‘‘as set forth in sections 5 through 5c’’. (1) by striking ‘‘or registration’’ each place it change Act (7 U.S.C. 1a(18)(A)(x)) is amended SEC. 408. CLARIFICATION OF COMMISSION AU- appears; by striking ‘‘or an exempt board of trade’’. THORITY OVER SWAPS TRADING. (2) by striking ‘‘or derivatives transaction exe- (b) Section 12(e)(1)(B)(i) of such Act (7 U.S.C. Section 8a of the Commodity Exchange Act (7 cution facility’’ each place it appears; 16(e)(1)(B)(i)) is amended by striking ‘‘or exempt U.S.C. 12a) is amended— (3) by striking ‘‘or register’’; (1) in paragraph (7)— board of trade’’. (A) by inserting ‘‘the protection of swaps trad- (4) by striking ‘‘registering,’’; SEC. 412. ELIMINATION OF REPORT DUE IN 1986. (5) by striking ‘‘or registering,’’ each place it ers and to assure fair dealing in swaps, for’’ Section 26 of the Futures Trading Act of 1978 appears; and after ‘‘appropriate for’’; (7 U.S.C. 16a) is amended by striking subsection (6) by striking ‘‘registration,’’. (B) in subparagraph (A), by inserting ‘‘swaps (b) and redesignating subsection (c) as sub- (n) Section 2(c)(2) of such Act (7 U.S.C. or’’ after ‘‘conditions in’’; and section (b). 2(c)(2)) is amended by striking ‘‘or a derivatives (C) in subparagraph (B), by inserting ‘‘or SEC. 413. COMPLIANCE REPORT FLEXIBILITY. swaps’’ after ‘‘future delivery’’; and transaction execution facility’’ each place it ap- (2) in paragraph (9)— pears. Section 4s(k)(3)(B) of the Commodity Ex- (A) by inserting ‘‘swap or’’ after ‘‘or liquida- (o) Section 4(a)(1) of such Act (7 U.S.C. change Act (7 U.S.C. 6s(k)(3)(B)) is amended to tion of any’’; and 6(a)(1)) is amended by striking ‘‘or derivatives read as follows: (B) by inserting ‘‘swap or’’ after ‘‘margin lev- transaction execution facility’’ each place it ap- ‘‘(B) REQUIREMENTS.—A compliance report els on any’’. pears. under subparagraph (A) shall— SEC. 409. ELIMINATION OF OBSOLETE REF- (p) Section 4(c)(1) of such Act (7 U.S.C. ‘‘(i) include a certification that, under pen- ERENCE TO THE COMMODITY EX- 6(c)(1)) is amended— alty of law, the compliance report is materially CHANGE COMMISSION. (1) by striking ‘‘or registered’’ after ‘‘des- accurate and complete; and Section 13(c) of the Commodity Exchange Act ignated’’; and ‘‘(ii) be furnished at such time as the Commis- (7 U.S.C. 13c(c)) is amended by striking ‘‘or the (2) by striking ‘‘or derivative transaction exe- sion determines by rule, regulation, or order, to Commission’’. cution facility’’. be appropriate.’’.

VerDate Sep 11 2014 04:25 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A09JN7.011 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3948 CONGRESSIONAL RECORD — HOUSE June 9, 2015 SEC. 414. MISCELLANEOUS CORRECTIONS. added by section 233(5) of Public Law 97–444, Page 61, line 3, strike ‘‘(11)(C)(ii)’’ and in- (a) Section 1a(12)(A)(i)(II) of the Commodity and subsection (r) as subsections (r) and (s), re- sert ‘‘(12)(C)(ii)’’. Exchange Act (7 U.S.C. 1a(12)(A)(i)(II)) is spectively. Page 62, line 7, strike ‘‘(d),’’ and insert ‘‘, amended by adding at the end a semicolon. (bb) Section 22(b)(3) of such Act (7 U.S.C. (d),’’. (b) Section 2(a)(1)(C)(ii)(III) of such Act (7 25(b)(3)) is amended by striking ‘‘of registered’’ Page 62, line 10, strike ‘‘(d),’’ and insert ‘‘, U.S.C. 2(a)(1)(C)(ii)(III)) is amended by moving and inserting ‘‘of a registered’’. (d),’’. the provision 2 ems to the right. (cc) Section 22(b)(4) of such Act (7 U.S.C. Page 62, line 13, strike ‘‘(e)’’ and insert (c) Section 2(a)(1)(C)(iii) of such Act (7 U.S.C. 25(b)(4)) is amended by inserting a comma after ‘‘(e),’’. 2(a)(1)(C)(iii)) is amended by moving the provi- ‘‘entity’’. Page 63, line 9, strike ‘‘1a(18)(A)(x)’’ and in- sion 2 ems to the right. sert ‘‘1a(19)(A)(x)’’. The CHAIR. No amendment to the Page 63, line 10, after the parenthetical (d) Section 2(a)(1)(C)(iv) of such Act (7 U.S.C. amendment in the nature of a sub- 2(a)(1)(C)(iv)) is amended by striking ‘‘under phrase, insert ‘‘, as so redesignated by sec- or’’ and inserting ‘‘under’’. stitute shall be in order except those tion 306(b)(1) of this Act,’’. Page 63, line 13, strike ‘‘1a(40)’’ and insert (e) Section 2(a)(1)(C)(v) of such Act (7 U.S.C. printed in House Report 114–136. Each such amendment may be offered only ‘‘1a(41)’’. 2(a)(1)(C)(v)) is amended by moving the provi- Page 63, line 14, after the parenthetical sion 2 ems to the right. in the order printed in the report, by a phrase, insert ‘‘, as so redesignated by sec- (f) Section 2(a)(1)(C)(v)(VI) of such Act (7 Member designated in the report, shall tion 306(b)(1) of this Act,’’. U.S.C. 2(a)(1)(C)(v)(VI)) is amended by striking be considered read, shall be debatable Page 64, line 10, strike ‘‘4i(a)’’ and insert ‘‘III’’ and inserting ‘‘(III)’’. for the time specified in the report ‘‘4i’’. (g) Section 2(c)(1) of such Act (7 U.S.C. equally divided and controlled by the Page 64, line 10, strike ‘‘6i(a)’’ and insert 2(c)(1)) is amended by striking the 2nd comma. proponent and an opponent, shall not ‘‘6i’’. (h) Section 4(c)(3)(H) of such Act (7 U.S.C. Page 66, line 18, strike ‘‘1a(12)(B)(vi)’’ and 6(c)(3)(H)) is amended by striking ‘‘state’’ and be subject to amendment, and shall not insert ‘‘1a(13)(B)(vi)’’. inserting ‘‘State’’. be subject to a demand for division of Page 66, line 19, after the parenthetical (i) Section 4c(c) of such Act (7 U.S.C. 6c(c)) is the question. phrase, insert ‘‘, as so redesignated by sec- amended to read as follows: AMENDMENT NO. 1 OFFERED BY MR. CONAWAY tion 306(b)(1) of this Act,’’. ‘‘(c) The Commission shall issue regulations to The CHAIR. It is now in order to con- Page 66, line 22, strike ‘‘1a(34)’’ and insert continue to permit the trading of options on ‘‘1a(35)’’. contract markets under such terms and condi- sider amendment No. 1 printed in Page 66, line 22, after the parenthetical tions that the Commission from time to time may House Report 114–136. phrase, insert ‘‘, as so redesignated by sec- prescribe.’’. Mr. CONAWAY. Mr. Chairman, I have tion 306(b)(1) of this Act,’’. (j) Section 4d(b) of such Act (7 U.S.C. 6d(b)) is an amendment at the desk. Page 67, line 1, strike ‘‘1a(35)(B)(iii)(I)’’ and amended by striking ‘‘paragraph (2) of this sec- The CHAIR. The Clerk will designate insert ‘‘1a(36)(B)(iii)(I)’’. tion’’ and inserting ‘‘subsection (a)(2)’’. the amendment. Page 67, line 2, after the parenthetical (k) Section 4f(c)(3)(A) of such Act (7 U.S.C. The text of the amendment is as fol- phrase, insert ‘‘, as so redesignated by section 306(b)(1) of this Act,’’. 6f(c)(3)(A)) is amended by striking the 1st lows: comma. Page 69, strike lines 6 through 9 and insert (l) Section 4f(c)(4)(A) of such Act (7 U.S.C. Page 3, line 7, strike ‘‘(s)’’ and insert ‘‘(t)’’. the following: 6f(c)(4)(A)) is amended by striking ‘‘in devel- Page 4, line 15, strike ‘‘(t)’’ and insert (4) by striking ‘‘, registering,’’; and oping’’ and inserting ‘‘In developing’’. ‘‘(u)’’. (5) by striking ‘‘registration,’’. Page 6, line 9, strike ‘‘(u)’’ and insert ‘‘(v)’’. (m) Section 4f(c)(4)(B) of such Act (7 U.S.C. Page 69, line 12, strike ‘‘each place it ap- Page 6, line 16, strike ‘‘(v)’’ and insert 6f(c)(4)(B)) is amended by striking ‘‘1817(a)’’ pears’’. ‘‘(w)’’. Page 69, line 20, strike ‘‘derivative’’ and in- and inserting ‘‘1817(a))’’. Page 7, line 4, strike ‘‘(w)’’ and insert (n) Section 5 of such Act (7 U.S.C. 7) is sert ‘‘derivatives’’. ‘‘(x)’’. Page 69, strike lines 22 through 24 and in- amended by redesignating subsections (c) Page 12, line 10, strike ‘‘(17)’’ and insert sert the following: through (e) as subsections (b) through (d), re- ‘‘(16)’’. (q) Section 4a(a)(1) of such Act (7 U.S.C. spectively. Page 13, line 6, strike ‘‘(17)’’ and insert 6a(a)(1)) is amended— (o) Section 5b of such Act (7 U.S.C. 7a-1) is ‘‘(16)’’. (1) by striking ‘‘or derivatives transaction amended by redesignating subsection (k) as sub- Page 14, line 8, strike ‘‘(18)’’ and insert execution facilities’’; and section (j). ‘‘(17)’’. (2) by striking ‘‘or derivatives transaction (p) Section 5f(b)(1) of such Act (7 U.S.C. 7b- Page 30, line 18, strike ‘‘or’’. execution facility’’. 1(b)(1)) is amended by striking ‘‘section 5f’’ and Page 33, line 12, strike ‘‘(8)’’ and insert Page 70, line 7, strike ‘‘4c(g)’’ and insert inserting ‘‘this section’’. ‘‘(7)’’. ‘‘4c(e)’’. (q) Section 6(a) of such Act (7 U.S.C. 8(a)) is Page 33, line 13, strike ‘‘(9)’’ and insert Page 70, line 7, after the parenthetical amended by striking ‘‘the the’’ and inserting ‘‘(8)’’. phrase, insert ‘‘, as so redesignated by sec- ‘‘the’’. Page 38, line 8, strike ‘‘1a(47)(B)(ii)’’ and in- tion 402(a) of this Act,’’. (r) Section 8a of such Act (7 U.S.C. 12a) is sert ‘‘1a(48)(B)(ii)’’. Page 71, line 21, strike ‘‘before ‘exclude’.’’ amended in each of paragraphs (1)(E) and Page 38, line 9, after the parenthetical and insert ‘‘before ‘exclude’ the first place it (3)(B) by striking ‘‘Investors’’ and inserting phrase, insert ‘‘, as so redesignated by sec- appears.’’. ‘‘Investor’’. tion 306(b)(1) of this Act,’’. Page 72, line 8, strike ‘‘1a(18)(A)(x)’’ and in- (s) Section 9(a)(2) of such Act (7 U.S.C. Page 38, line 21, strike ‘‘1a(49)(D)’’ and insert ‘‘1a(19)(A)(x)’’. 13(a)(2)) is amended by striking ‘‘subsection 4c’’ sert ‘‘1a(50)(D)’’. Page 72, line 9, after the parenthetical and inserting ‘‘section 4c’’. Page 38, line 22, after the parenthetical phrase, insert ‘‘, as so redesignated by sec- (t) Section 12(b)(4) of such Act (7 U.S.C. phrase, insert ‘‘, as so redesignated by section 306(b)(1) of this Act,’’. 16(b)(4)) is amended by moving the provision 2 tion 306(b)(1) of this Act,’’. Page 73, line 5, strike ‘‘1a(12)(A)(i)(II)’’ and ems to the left. Page 52, line 15, strike ‘‘1a(10)’’ and insert insert ‘‘1a(13)(A)(i)(II)’’. (u) Section 14(a)(2) of such Act (7 U.S.C. ‘‘1a(11)’’. Page 73, line 6, after the parenthetical 18(a)(2)) is amended by moving the provision 2 Page 52, line 16, after the parenthetical phrase, insert ‘‘, as so redesignated by sec- ems to the left. phrase, insert ‘‘, as so redesignated by section 306(b)(1) of this Act,’’. (v) Section 17(b)(9)(D) of such Act (7 U.S.C. tion 306(b)(1) of this Act,’’. Page 75, line 7, strike ‘‘(1)(E)’’ and insert 21(b)(9)(D)) is amended by striking the semi- Page 55, line 13, strike ‘‘subsection,’’ and ‘‘(2)(E)’’. colon and inserting a period. insert ‘‘subsection’’. Page 76, line 6, after the parenthetical (w) Section 17(b)(10)(C)(ii) of such Act (7 Page 56, line 11, insert ‘‘and’’ after the phrase, insert ‘‘, as amended by sections 101 U.S.C. 21(b)(10)(C)(ii)) is amended by striking semicolon. through 103 of this Act,’’. ‘‘and’’ at the end. Page 56, strike line 12. Page 76, beginning on line 8, strike ‘‘sub- (x) Section 17(b)(11) of such Act (7 U.S.C. Page 56, line 13, strike ‘‘(C)’’ and insert section (r) as subsections (r) and (s)’’ and in- 21(b)(11)) is amended by striking the period and ‘‘(B)’’. sert ‘‘subsections (s) through (w) as sub- inserting a semicolon. Page 59, line 16, strike ‘‘1a(11)’’ and insert sections (r) through (x)’’. (y) Section 17(b)(12) of such Act (7 U.S.C. ‘‘1a(12)’’. The CHAIR. Pursuant to House Reso- 21(b)(12)) is amended— Page 59, line 17, after the parenthetical lution 288, the gentleman from Texas (1) by striking ‘‘(A)’’; and phrase, insert ‘‘, as so redesignated by sec- (Mr. CONAWAY) and a Member opposed (2) by striking the period and inserting ‘‘; tion 306(b)(1) of this Act,’’. each will control 5 minutes. and’’. Page 60, line 18, strike ‘‘1a(12)’’ and insert (z) Section 17(b)(13) of such Act (7 U.S.C. ‘‘1a(13)’’. The Chair recognizes the gentleman 21(b)(13)) is amended by striking ‘‘A’’ and in- Page 60, line 19, after the parenthetical from Texas. serting ‘‘a’’. phrase, insert ‘‘, as so redesignated by sec- Mr. CONAWAY. Mr. Chairman, this (aa) Section 17 of such Act (7 U.S.C. 21) is tion 306(b)(1) of this Act,’’ after ‘‘(7 U.S.C. amendment corrects the technical er- amended by redesignating subsection (q), as 1a(12))’’. rors found by legislative counsel in the

VerDate Sep 11 2014 04:25 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.011 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3949 process of preparing the Ramseyer for The CHAIR. Pursuant to House Reso- I reserve the balance of my time. the reported bill, including section, lution 288, the gentlewoman from Wis- Mr. CRAWFORD. Mr. Chairman, I subsection, and paragraph references, consin (Ms. MOORE) and a Member op- claim time in opposition, although I do punctuation, and pluralization. I urge posed each will control 5 minutes. not oppose the amendment. my colleagues to support this amend- The Chair recognizes the gentle- The CHAIR. Without objection, the ment. woman from Wisconsin. gentleman from Arkansas is recognized I yield back the balance of my time. Ms. MOORE. Mr. Chair, my amend- for 5 minutes. The CHAIR. The question is on the ment is simple. It really seeks to har- There was no objection. amendment offered by the gentleman monize the regulatory regime for both Mr. CRAWFORD. Mr. Chair, I would from Texas (Mr. CONAWAY). the security- and commodity-based like to thank the cosponsors of this The amendment was agreed to. swaps. I am so pleased to be joined on amendment. I would like to thank the The CHAIR. It is now in order to con- a bipartisan basis with Representatives gentlewoman from Wisconsin for intro- sider amendment No. 2 printed in RICK CRAWFORD, BILL HUIZENGA, and ducing the amendment and the cospon- OORE UIZENGA House Report 114–136. SEAN PATRICK MALONEY in offering this sors—Ms. M , Mr. H , Mr. It is now in order to consider amend- amendment. MALONEY—for joining me in efforts to ment No. 3 printed in House Report As we all know, Mr. Chairman, the help bring transparency to the global 114–136. regulation of the swaps market is swap markets. While I may not agree with every po- b 1615 under the jurisdiction of both the Secu- rities and Exchange Commission and sition in the Dodd-Frank law, today, I AMENDMENT NO. 4 OFFERED BY MS. MOORE the Commodity Futures Trading Com- believe we are working towards its bi- The CHAIR. It is now in order to con- mission. As such, legislation that partisan goal of giving regulators the sider amendment No. 4 printed in amends the swap regulation must be tools they need to improve systemic House Report 114–136. addressed in both the securities law risk mitigation in global financial Ms. MOORE. Mr. Chair, I have an and the Commodity Exchange Act. markets. I think everyone agrees that the lack amendment at the desk. Mr. Chairman, I have worked with of transparency into the over-the- The CHAIR. The Clerk will designate Chairman HENSARLING, Ranking Mem- counter derivatives market escalated the amendment. ber WATERS, and the Committee on Fi- the financial crisis of 2008. In order to The text of the amendment is as fol- nancial Services, and we have offered provide market transparency, the lows: the same language to amend the secu- Dodd-Frank law requires posttrade re- Page 27, strike line 4 and all that follows rities law section of a bill. This amend- porting to swap data repositories, or through page 28, line 2, and insert the fol- ment in committee, Mr. Chairman, was SDRs, so that regulators and market lowing: adopted by a voice vote. (b) SWAP DATA REPOSITORIES.—Section 21 This amendment makes the same participants have access to real-time of such Act (7 U.S.C. 24a) is amended— market data that will help identify (1) in subsection (c)(7)— minor change to the Commodity Ex- change Act section so that the regu- systemic risk in the financial system. (A) in the matter preceding subparagraph So far, we have made great strides in latory regime is the same for both (A), by striking ‘‘all’’ and inserting ‘‘swap’’; reaching this goal, but unfortunately, and security- and commodity-based swaps. a provision in the law threatens to un- (B) in subparagraph (E)— This section of H.R. 2289 mirrors leg- dermine our progress unless we fix it. (i) in clause (ii), by striking ‘‘and’’ at the islation, H.R. 1847, sponsored by Rep- end; and Currently, Dodd-Frank includes a resentative CRAWFORD and has enjoyed provision requiring a foreign regulator (ii) by adding at the end the following: broad bipartisan support and passed ‘‘(iv) other foreign authorities; and’’; and to indemnify a U.S.-based SDR for any (2) by striking subsection (d) and inserting both the Committee on Financial Serv- expenses arising from litigation relat- the following: ices and Committee on Agriculture ing to a request for market data. Al- ‘‘(d) CONFIDENTIALITY AGREEMENT.—Before without controversy and with the sup- though well intentioned, the effect has the swap data repository may share informa- port and blessing of the SEC. been a reluctance of foreign regulators tion with any entity described in subsection So why the amendment? Foreign reg- to comply, which threatens to frag- (c)(7), the swap data repository shall receive ulators and some industry participants ment global data on swap markets and a written agreement from each entity stat- reached out to the SEC seeking to making it harder for regulators to see ing that the entity shall abide by the con- tighten the language to narrow the re- fidentiality requirements described in sec- a complete picture of the marketplace. tion 8 relating to the information on swap quirement to share data to clarify that Without effective coordination be- transactions that is provided.’’. swap data repositories are only re- tween international regulators and (c) SECURITY-BASED SWAP DATA REPOSI- quired to share data related to the SDRs, monitoring and mitigating glob- TORIES.—Section 13(n)(5) of the Securities swap trade. al systemic risk is severely limited. Exchange Act of 1934 25 (15 U.S.C. 78m(n)(5)) The amendment will in no way weak- H.R. 2289 includes a bipartisan provi- is amended— en swap regulation or inhibit the ag- (1) in subparagraph (G)— sion that removes the indemnification gregation of swap data; rather, the provisions in Dodd-Frank. (A) in the matter preceding clause (i), by amendment will make a narrow modi- striking ‘‘all’’ and inserting ‘‘security-based This provision received broad bipar- swap’’; and fication to protect market participant tisan support when it came to the floor (B) in subclause (v)— information. This change is supported as a stand-alone last year, passing the (i) in subclause (II), by striking ‘‘; and’’ by both industry and the SEC. House by a vote of 420–2. Additionally, and inserting a semicolon; This bill has global impact on swap both the CFTC and the SEC support (ii) in subclause (III), by striking the pe- participants and regulators, so I think the fix. riod at the end and inserting ‘‘; and’’; and it is important to get it right. I ap- This amendment makes a small tech- (iii) by adding at the end the following: plaud the SEC for working with indus- ‘‘(IV) other foreign authorities.’’; and nical change to make clear that only try to refine the bill, and I want to swap data can be shared with foreign (2) by striking subparagraph (H) and in- thank the chairman and ranking mem- serting the following: regulators. It will ensure that regu- ‘‘(H) CONFIDENTIALITY AGREEMENT.—Before bers of both the Committee on Finan- lators will have access to a global set the security-based swap data repository may cial Services and the Committee on of swap market data, which is essential share information with any entity described Agriculture for working with me on to maintaining the highest degree of in subparagraph (G), the security-based swap this amendment and to the sponsor and market transparency and systemic risk data repository shall receive a written agree- cosponsors of this legislation for also mitigation. ment from each entity stating that the enti- working with me for their support on Again, I thank the gentlewoman for ty shall abide by the confidentiality require- this amendment. introducing the amendment. ments described in section 24 relating to the I do have some concerns about the information on security-based swap trans- I reserve the balance of my time. actions that is provided.’’. underlying bill. The cost-benefit anal- Ms. MOORE. Mr. Chair, how much (d) EFFECTIVE DATE.—The amendments ysis, I think, will hamper the regu- time do I have remaining? made by this section shall take effect as if latory ability of the CFTC, but I do The CHAIR. The gentlewoman from enacted on July 21, 2010. urge the adoption of this amendment. Wisconsin has 2 minutes remaining.

VerDate Sep 11 2014 04:25 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.024 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3950 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Ms. MOORE. Mr. Chair, I yield the Page 24, line 4, strike the period and insert ness to the issue of aluminum balance of my time to the gentle- ‘‘; and’’. warehousing. woman from Minnesota (Ms. MCCOL- Page 24, after line 4, insert the following: Her amendment would clarify that (3) the status of consultations with all LUM). the bill’s required report on the status United States market participants including of any application of metal exchange Ms. MCCOLLUM. Mr. Chair, I thank major producers and consumers. the gentlewoman from Wisconsin (Ms. to register as a foreign board of trade The CHAIR. Pursuant to House Reso- MOORE), and I rise in full support of her should also include the status of con- amendment, but I join Ranking Mem- lution 288, the gentlewoman from Indi- sultations with all U.S. market partici- ana (Mrs. WALORSKI) and a Member op- ber PETERSON in his opposition of the pants, including major producers and bill before us. posed each will control 5 minutes. consumers. Although reauthorization of the The Chair recognizes the gentle- I applaud her for offering this tar- Commodity Exchange Act is an impor- woman from Indiana. geted amendment to improve the un- tant endeavor, this legislation rolls Mrs. WALORSKI. Mr. Chairman, I derlying legislation and help everyone back critical Dodd-Frank reforms and would like to thank Congressman in the aluminum market have the best places unnecessary restrictions on the GOODLATTE and Chairman CONAWAY for information possible to strengthen alu- Commodity Futures Trading Commis- their continued leadership in support minum supplies and bring the best cost sion. The changes proposed in this un- of my amendment. for consumers, helping to create jobs derlying bill would stifle the Commis- My amendment today would encour- and grow our economy. sion’s capacities to respond to a rap- age the CFTC to keep both U.S. pro- I support her amendment. Mrs. WALORSKI. Mr. Chair, I yield idly changing market and would add ducers and users of aluminum firmly in back the balance of my time. unneeded layers of government bu- mind as they proceed in their work. We might take it for granted, but alu- The CHAIR. The question is on the reaucracy. amendment offered by the gentle- The underlying bill, H.R. 2289, threat- minum is part of our everyday life. It woman from Indiana (Mrs. WALORSKI). ens the financial stability of hard- is used in everything from food pack- aging to commercial buildings and The amendment was agreed to. working Americans by encouraging the Mr. CONAWAY. Mr. Chair, I move same type of risky behavior that led to homes to automotive and air transportation. that the Committee do now rise. the recession just 7 years ago. The motion was agreed to. I urge my colleagues to join me in In my home State of Indiana, alu- Accordingly, the Committee rose; supporting the Moore amendment. minum is home to 10,000 industry jobs and the Speaker pro tempore (Mr. that account for over $5 billion in eco- However, I urge my colleagues to use LAMALFA) having assumed the chair, nomic activity every year. About 1,800 great caution and join me in voting Mr. SIMPSON, Chair of the Committee against the underlying bill. of those workers are employed at an in- of the Whole House on the state of the Ms. MOORE. Mr. Chair, I yield back tegrated facility in southern Indiana Union, reported that that Committee, the balance of my time. that boasts the largest operating having had under consideration the bill Mr. CRAWFORD. I yield 1 minute to smelter in the United States and is one (H.R. 2289) to reauthorize the Com- the gentleman from Texas (Mr. CON- of eight still in use in the country. modity Futures Trading Commission, AWAY), the distinguished chairman of My amendment would require the to better protect futures customers, to the full committee. CFTC provide this body with an update provide end-users with market cer- Mr. CONAWAY. Mr. Chair, I don’t op- of the status of its consultations with tainty, to make basic reforms to en- pose the amendment. It does improve U.S. producers and consumers of alu- sure transparency and accountability the bill. We appreciate that. I am look- minum. To better protect the thou- at the Commission, to help farmers, ing forward to supporting the amend- sands of workers in my district and ranchers, and end-users manage risks, ment. I would also expect support on businesses and consumers across the to help keep consumer costs low, and the underlying bill itself. country, we must ensure the CFTC is for other purposes, had come to no res- We have had a good discussion on operating in a transparent manner olution thereon. why this bill is the right answer, bring- where the rules are designed to help f ing the right relief to the right people fair and open price discovery. at the right time and does not do the It is imperative that everyone who PERMISSION TO CONSIDER things that have been spoken of in participates in the physical aluminum AMENDMENTS OUT OF SE- terms of rolling back Dodd-Frank. market have confidence in the system, QUENCE DURING FURTHER CON- This is a very light touch on Dodd- and my amendment will ensure the SIDERATION OF H.R. 2289, COM- Frank, and it improves a bill that I protection of our workers, businesses, MODITY END-USER RELIEF ACT don’t think anybody would argue is and consumers. Ms. PLASKETT. Mr. Speaker, I ask perfect, but maybe they do argue that I ask my colleagues to join me in unanimous consent that during further Dodd-Frank is perfect. I don’t think it support of my amendment. consideration of H.R. 2289, pursuant to is perfect, and it does need these light I reserve the balance of my time. House Resolution 288, amendment Nos. touches. The CHAIR. Does any Member claim 2 and 3 printed in House Report 114–136 Mr. CRAWFORD. Mr. Chair, I thank time in opposition? If not, the gentle- may be considered out of sequence. the chairman. I would urge adoption of woman from Indiana is recognized. The SPEAKER pro tempore. Is there the amendment, as well as support of Mrs. WALORSKI. Mr. Chair, may I objection to the request of the gentle- the underlying bill. inquire how much time I have remain- woman from the Virgin Islands? I yield back the balance of my time. ing? There was no objection. The CHAIR. The question is on the The CHAIR. The gentlewoman from f amendment offered by the gentle- Indiana has 31⁄2 minutes remaining. COMMODITY END-USER RELIEF woman from Wisconsin (Ms. MOORE). Mrs. WALORSKI. Mr. Chair, I yield 2 ACT The amendment was agreed to. minutes to the gentleman from Vir- The SPEAKER pro tempore. Pursu- AMENDMENT NO. 5 OFFERED BY MRS. WALORSKI ginia (Mr. GOODLATTE). ant to House Resolution 288 and rule The CHAIR. It is now in order to con- Mr. GOODLATTE. Mr. Chair, I thank XVIII, the Chair declares the House in sider amendment No. 5 printed in the gentlewoman for yielding me the the Committee of the Whole House on House Report 114–136. time. the state of the Union for the further Mrs. WALORSKI. Mr. Chairman, I As someone who has worked very consideration of the bill, H.R. 2289. have an amendment made in order by hard to ensure that this CFTC reau- Will the gentleman from Idaho (Mr. the rule. thorization process is transparent for SIMPSON) kindly resume the chair. The CHAIR. The Clerk will designate commodity purchasers, users, and the the amendment. markets that facility these trans- b 1630 The text of the amendment is as fol- actions, I was pleased to work with IN THE COMMITTEE OF THE WHOLE lows: Mrs. WALORSKI on her amendment to Accordingly, the House resolved Page 24, line 2, strike ‘‘and’’. bring further transparency and open- itself into the Committee of the Whole

VerDate Sep 11 2014 04:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.027 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3951 House on the state of the Union for the I was pleased when, earlier this tified pursuant to a widely accepted industry further consideration of the bill (H.R. month, six regulatory bodies came to- or Government standard, including— 2289) to reauthorize the Commodity Fu- gether to announce the creation of ‘‘(I) specific information about the indus- tures Trading Commission, to better joint standards for assessing the diver- try or Government standard used to identify the known information security vulner- protect futures customers, to provide sity practices of the financial institu- ability; end-users with market certainty, to tions they oversee. ‘‘(II) a detailed time line with specific make basic reforms to ensure trans- Though long overdue, this is a crit- deadlines for addressing the known informa- parency and accountability at the ical step forward that will help to pro- tion security vulnerability; and Commission, to help farmers, ranchers, mote a more inclusive financial indus- ‘‘(III) an update of any such time line and and end-users manage risks, to help try. While CFTC did not participate in the rationale for any deviation from the keep consumer costs low, and for other crafting these standards, I hope that by time line.’’. purposes, with Mr. SIMPSON in the passing this amendment today we can The CHAIR. Pursuant to House Reso- chair. send a clear message that Congress ex- lution 288, the gentleman from Hawaii The Clerk read the title of the bill. pects the agency to demonstrate a (Mr. TAKAI) and a Member opposed The CHAIR. When the Committee of strong commitment to diversity and each will control 5 minutes. the Whole House rose earlier today, inclusion moving forward. The Chair recognizes the gentleman amendment No. 5 printed in House Re- Mr. Chairman, this amendment is from Hawaii. port 114–136 offered by the gentle- narrowly crafted, but it promotes a far- Mr. TAKAI. Mr. Chairman, I yield woman from Indiana (Mrs. WALORSKI) reaching goal, advancing the fun- myself such time as I may consume. had been disposed of. damentally American principles of My amendment is simple and would AMENDMENT NO. 2 OFFERED BY MS. PLASKETT equal opportunity for all. help to address cyber vulnerabilities The CHAIR. Pursuant to the order of I urge all Members to support this for stored government information at the House of today, it is now in order amendment, and I yield back the bal- the Commodity Futures Trading Com- to consider amendment No. 2 printed in ance of my time. mission. House Report 114–136. Mr. CONAWAY. Mr. Chairman, I As the bill is currently written, sec- Ms. PLASKETT. Mr. Chairman, I claim the time in opposition, but I am tion 206 would require the Commodity offer an amendment as the designee of not opposed to the amendment. Futures Trading Commission to come the gentleman from Arizona (Mr. The CHAIR. Without objection, the up with a 5-year plan on technology acquisition. My amendment would add GALLEGO). gentleman from Texas is recognized for The CHAIR. The Clerk will designate 5 minutes. reporting requirements to Congress on the amendment. There was no objection. plans of actions and milestones for any The text of the amendment is as fol- Mr. CONAWAY. Mr. Chairman, I am known information security vulnera- lows: not opposed to the amendment, as I bility. My amendment would include a de- Page 13, after line 6, insert the following: said. The CFTC in fact does have an of- tailed timeline with specific deadlines (c) SENSE OF THE CONGRESS.—It is the sense fice of diversity and inclusion and has of the Congress that the Commodity Futures three people employed there to work at for addressing the known threats to Trading Commission should take all appro- this very important issue. make sure we get any threat dealt with priate actions to encourage applications for I would like to put in the RECORD a and solved in a reasonable amount of positions in the Office of the Chief Econo- statement from Chairman Massad. He time. mist from members of minority groups, says: Mr. Chairman, we have seen recently women, disabled persons, and veterans. that cybersecurity is a serious threat Our greatest resource is our employees, The CHAIR. Pursuant to House Reso- and each of us plays a role in ensuring that to our security, where just last week lution 288, the gentlewoman from the we recognize the benefits of the differences the personal information of over 4 mil- Virgin Islands (Ms. PLASKETT) and a and the diversity that we bring to our envi- lion Federal employees was com- Member opposed each will control 5 ronment. promised. This was one of the largest minutes. The protections provided by the Equal Op- known cyber attacks on Federal net- The Chair recognizes the gentle- portunity Act extend to everything we do at works in our history and only further woman from the Virgin Islands. the agency, be it recruitment, hiring, ap- underscores the necessity of this Ms. PLASKETT. Mr. Chairman, this praisal systems, promotions, training and amendment. amendment is very straightforward. It career development programs, or any other actions . . . All persons should be afforded As we know, this threat is very real. simply urges the CFTC Office of the equal employment opportunities at the Com- Networks are being attacked con- Chief Economist to encourage appli- mission in an environment in which they can stantly by a variety of different actors cants for employment by members of do their best. and for different reasons. For example, minority groups, women, disabled per- I urge support of the amendment, and there is evidence that our financial in- sons, and veterans. I yield back the balance of my time. stitutions have been targeted, and This is a basic standard that I believe The CHAIR. The question is on the other actors are out to steal one of the every corporation and Federal agency amendment offered by the gentle- best drivers that we have of our eco- in America should and is willing to woman from the Virgin Islands (Ms. nomic growth: intellectual property. strive to meet. Our government is PLASKETT). Cybersecurity is a problem that the stronger when its workforce reflects The amendment was agreed to. entire government needs to address. the rich diversity of the American peo- The CFTC will be storing very sen- AMENDMENT NO. 3 OFFERED BY MR. TAKAI ple, and this is especially true when it sitive information, and they should The CHAIR. Pursuant to the order of comes to our financial regulatory agen- have a plan to place privacy safeguards the House of today, it is now in order cies. on this information when storing gov- to consider amendment No. 3 printed in In the years preceding the financial ernment data. House Report 114–136. crash, CFTC and the SEC fell down on If we are going to discuss budgeting Mr. TAKAI. Mr. Chairman, I have an the job. Their failures helped set the for technology acquisition, we should amendment at the desk. stage for the crushing recession that also be discussing looking at informa- The CHAIR. The Clerk will designate followed, an economic downturn that tion security vulnerabilities, a plan to the amendment. disproportionately impacted commu- address them, and have reporting re- The text of the amendment is as fol- nities of color. quirements along the way. lows: In the wake of this crisis, Dodd- This amendment is common sense, Frank wisely established the Offices of Page 15, line 4, strike ‘‘and’’. and I urge my colleagues to support its Minority and Women Inclusion to pro- Page 15, line 7, strike the period and insert ‘‘; and’’. adoption. mote diversity at the Nation’s finan- Page 15, after line 7, insert the following: I yield back the balance of my time. cial regulators and to ensure that the ‘‘(iii) include a summary of any plan of ac- The CHAIR. The question is on the interests of women and minorities tion and milestones to address any known amendment offered by the gentleman would be protected by these agencies. information security vulnerability, as iden- from Hawaii (Mr. TAKAI).

VerDate Sep 11 2014 04:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.030 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3952 CONGRESSIONAL RECORD — HOUSE June 9, 2015 The amendment was agreed to. note) is amended by striking ‘‘during the pe- remarkable productivity growth that The CHAIR. The question is on the riod beginning November 1, 2003, and ending increased jobs and income between 1995 amendment in the nature of the sub- October 1, 2015’’. and 2007 was due to investment in tele- stitute, as amended. (b) EFFECTIVE DATE.—The amendment communications networks technology made by this section shall apply to taxes im- The amendment was agreed to. posed after the date of the enactment of this and the information transported across The CHAIR. Under the rule, the Com- Act. them. mittee rises. Everyone in Silicon Valley knows The SPEAKER pro tempore. Pursu- Accordingly, the Committee rose; Max Levchin’s story. He came to Amer- ant to the rule, the gentleman from and the Speaker pro tempore (Mr. ica from the Soviet Union at age 16. He Virginia (Mr. GOODLATTE) and the gen- SMITH of Nebraska) having assumed the had $300 in his pocket, and he learned tlewoman from Texas (Ms. JACKSON chair, Mr. SIMPSON, Chair of the Com- English by watching an old TV set he LEE) each will control 20 minutes. mittee of the Whole House on the state hauled out of a dumpster and repaired. The Chair recognizes the gentleman of the Union, reported that that Com- Ten years later, he sold PayPal, a well- from Virginia. mittee, having had under consideration known Internet payments platform he the bill (H.R. 2289) to reauthorize the GENERAL LEAVE cofounded, for $1.5 billion. Commodity Futures Trading Commis- Mr. GOODLATTE. Mr. Speaker, I ask That is the greatness of the Internet. sion, to better protect futures cus- unanimous consent that all Members It is a liberating technology that is a tomers, to provide end-users with mar- may have 5 legislative days within vast meritocracy. It does not care how ket certainty, to make basic reforms to which to revise and extend their re- you look or where you come from. It ensure transparency and account- marks and include extraneous mate- offers opportunity to anyone willing to ability at the Commission, to help rials on H.R. 235, currently under con- invest time and effort. farmers, ranchers, and end-users man- sideration. That is precisely why Congress has age risks, to help keep consumer costs The SPEAKER pro tempore. Is there worked assiduously for 16 years to keep low, and for other purposes, and, pursu- objection to the request of the gen- Internet access tax-free. Now we must ant to House Resolution 288, he re- tleman from Virginia? act again, once and for all. ported the bill back to the House with There was no objection. The Permanent Internet Tax Free- an amendment adopted in the Com- Mr. GOODLATTE. Mr. Chairman, I dom Act has 188 cosponsors. Identical mittee of the Whole. yield myself such time as I may con- legislation passed last year on suspen- The SPEAKER pro tempore. Under sume. sion by a voice vote. the rule, the previous question is or- The clock is ticking down on a key Nevertheless, small pockets of resist- dered. law that protects Internet freedom. On ance remain. They argue that the Is a separate vote demanded on any October 1, 2015, a temporary morato- Internet is no longer a fledgling tech- amendment to the amendment re- rium on State taxation of Internet ac- nology in need of protection. But it is ported from the Committee of the cess will expire. precisely the ubiquity of the Internet Whole? If not, the question is on the In 1998, Congress temporarily banned that counsels for a permanent exten- amendment in the nature of a sub- State and local governments from sion. It has become an indispensable stitute, as amended. newly taxing Internet access or placing gateway to scientific, educational, and The amendment was agreed to. multiple or discriminatory taxes on economic opportunities. The SPEAKER pro tempore. The Internet commerce. With minor modi- It is the platform that turned Max question is on the engrossment and fications, this ban was extended five Levchin from an impoverished immi- third reading of the bill. times, with enormous bipartisan sup- grant into a billionaire. The case for The bill was ordered to be engrossed port. The most recent extension passed permanent Internet tax-free access to and read a third time, and was read the in 2014. this gateway technology is stronger third time. If the moratorium is not renewed, today than it ever has been. The SPEAKER pro tempore. The the potential tax burden on consumers It is important to note that PITFA question is on the passage of the bill. will be substantial. The average tax does not address the issue of State The question was taken; and the rate on communications services in taxes on remote sales made over the Speaker pro tempore announced that 2007 was 13.5 percent, more than twice Internet. It merely prevents Internet the ayes appeared to have it. the average rate on all other goods and access taxes and unfair multiple or dis- Mr. PETERSON. Mr. Speaker, on services. The FCC’s recent reclassifica- criminatory taxes on e-commerce, that I demand the yeas and nays. tion of the Internet as a telecom serv- whether inside the taxing State or The yeas and nays were ordered. ice emboldens States to apply these without. The SPEAKER pro tempore. Pursu- telecom taxes to Internet access imme- That said, the committee is also ant to clause 8 of rule XX, further pro- diately, should ITFA lapse. eager to proceed with legislation that ceedings on this question will be post- To make matters worse, this tax is levels the playing field between tradi- poned. regressive. Low-income households pay tional and online retailers without let- f 10 times as much in communications ting States tax and regulate beyond taxes as high-income households as a their borders. Productive discussions PERMANENT INTERNET TAX share of income. continue. FREEDOM ACT The Permanent Internet Tax Free- I would like to specifically thank Ms. Mr. GOODLATTE. Mr. Speaker, I dom Act converts the moratorium into ESHOO, Mr. CHABOT, Subcommittee move to suspend the rules and pass the a permanent ban—on which consumers, Chairman MARINO, and Subcommittee bill (H.R. 235) to permanently extend innovators, and investors can perma- Ranking Member COHEN for their work the Internet Tax Freedom Act. nently rely—by simply striking the on and support of this legislation. The Clerk read the title of the bill. 2015 end date. This bipartisan legislation is about The text of the bill is as follows: This legislation prevents a surprise giving every American unfettered ac- H.R. 235 tax hike on Americans’ critical serv- cess to the Internet, which is the mod- Be it enacted by the Senate and House of Rep- ices this fall. It also maintains unfet- ern gateway to the American Dream. I resentatives of the United States of America in tered access to one of the most unique urge all of my colleagues to support it, Congress assembled, gateways to knowledge and engines of and I reserve the balance of my time. SECTION 1. SHORT TITLE. self-improvement in all of human his- Ms. JACKSON LEE. Mr. Speaker, I This Act may be cited as the ‘‘Permanent tory. yield myself such time as I may con- Internet Tax Freedom Act’’. sume. SEC. 2. PERMANENT MORATORIUM ON INTERNET b 1645 We have often worked, in the Judici- ACCESS TAXES AND MULTIPLE AND This is not an exaggeration. During ary Committee, as Mr. GOODLATTE has DISCRIMINATORY TAXES ON ELEC- TRONIC COMMERCE. the 2007 renewal of the moratorium, so noted, because of the bipartisan (a) IN GENERAL.—Section 1101(a) of the the Judiciary Committee heard testi- leadership, including the offerer of this Internet Tax Freedom Act (47 U.S.C. 151 mony that more than 75 percent of the bill, the gentlewoman from California

VerDate Sep 11 2014 04:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.035 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3953 (Ms. ESHOO), in a bipartisan manner as they are small businesses trying to in- The measure would also help level it deals with this new phenomena, and crease their revenue and trying to em- the playing field for local retailers— when I say ‘‘new phenomena,’’ contin- ploy a number of employees. We should who must collect sales taxes—when ually changing phenomena, the Inter- thank them for the energy that they they compete with out-of state busi- net and the entire world of social provide to the economy. nesses that do not collect these taxes. media and the new technologies that I believe the House should do its part Retail competitors should be able to we face today in communications. and address the remote sales tax dis- compete fairly with their Internet So, I am always eager to find com- parity before the end of this Congress. counterparts at least with respect to mon ground and would have liked to Second, this legislation will severely sales tax policy. have done so as we worked together on impact the immediate revenues for the The House should do its part and ad- this very important bill, H.R. 235. grandfather-protected States and all dress the remote sales tax disparity be- As a senior member of the House Ju- States progressively in the long term. fore the end of this Congress. diciary Committee, and as the ranking The CBO, for example, estimates that member on the Subcommittee on this bill will cost certain States several Second, this legislation will severely impact Crime, Terrorism, Homeland Security, hundred million dollars annually in the immediate revenues for the grandfather- and Investigations, coming from Hous- lost revenues. protected states and all states progressively in ton, I rise with great concern on H.R. Indeed, the Federation of Tax Admin- the long term. 235, the Permanent Internet Tax Free- istrators has estimated that the bill The Congressional Budget Office, for exam- dom Act. will cause the grandfather-protected ple, estimates that this bill will cost certain When originally enacted in 1998, the States to lose at least $500 million in states ‘‘several hundred million dollars annu- Internet Tax Freedom Act established lost revenue. ally’’ in lost revenues. a temporary moratorium on multiple For my home State of Texas, enact- Indeed, the Federation of Tax Administra- discriminatory taxation of the Inter- ment of this bill will result in a rev- tors has estimated that the bill will cause the net, as well as new taxes on Internet enue loss of $358 million, and Texas will grandfather-protected states to lose at least access. This moratorium, however, is not be alone in those losses annually. $500 million in lost revenue annually. due to expire on October 1 of this year. Mr. Speaker, I reserve the balance of For my home state of Texas, enactment of Since 1998, Congress has extended the my time. this bill will result in a revenue loss of $358 moratorium on a temporary basis. The Mr. Speaker, as senior member of the million per year. Texas will not be alone in bill before us, H.R. 235, will make that House Judiciary Committee; as the these losses, annually: Wisconsin will lose moratorium permanent. ranking member of the Subcommittee about $127 million, Ohio will lose about $65 Unfortunately, in doing so, H.R. 235 on Crime, Terrorism, Homeland Secu- million, and South Dakota will lose about $13 also ends the act’s grandfather protec- rity, and Investigations; and as the million. tion for States that imposed such taxes representative from Houston, I rise in Should this bill become law, state and local prior to the act’s enactment. There lies opposition to H.R. 235, the ‘‘Permanent governments will have to choose whether they the crux of the problem: intrusion into Internet Tax Freedom Act.’’ will cut essential government services—such individual States’ authority dealing When originally enacted in 1998, the as educating our children, maintaining needed with taxation and providing them with Internet Tax Freedom Act established transportation infrastructure, and providing es- a bridge of revenue. a temporary moratorium on multiple sential public health and safety services—or H.R. 235 is problematic for several and discriminatory taxation of the shift the tax burden onto other taxpayers reasons. First, Congress, instead of Internet as well as new taxes on Inter- through increased property, income, and sales supporting this seriously flawed legis- net access. taxes. lation, should be focusing on meaning- This moratorium, however, is due to ful ways to help State and local gov- expire on October 1st, of this year. Meanwhile, the Center on Budget and Pol- ernments, taxpayers, and local retail- Since 1998, Congress has extended the icy Priorities has estimated that the permanent ers. The House can do that by address- moratorium on a temporary basis. The moratorium will deny the non-grandfathered ing the remote sales tax issue. bill before us, H.R. 235 will make that states of almost $6.5 billion in potential state In addition to extending the expiring moratorium permanent. and local sales tax revenues each year in per- moratorium on a temporary basis, the Unfortunately, in doing so, H.R. 235 petuity. House should take up and send to the also ends the Act’s grandfather protec- H.R. 235 will burden taxpayers, while ex- Senate legislation that would give tions for states that imposed such cluding an entire industry from paying their fair States the authority to collect sales taxes prior to the Act’s enactment share of taxes. taxes from remote sellers. Such a pro- date. Finally, this bill ignores the fundamental na- posal would incentivize remote sellers Mr. Speaker, H.R. 235 is problematic ture of the Internet. to collect and remit such taxes, as well for several reasons. The original moratorium was intentionally as require States to simplify several First, Congress, instead of supporting made temporary to ensure that Congress, in- procedures that would benefit retailers. this seriously flawed legislation, dustry, and state and local governments would Such legislation would enable States should be focusing on meaningful ways be able to monitor the issue and make adjust- and local governments to collect more to help state and local governments, ments where necessary to accommodate new than $23 billion in estimated uncol- taxpayers, and local retailers. The technologies and market realities. lected sales taxes each year. House can do that by addressing the re- The Act was intended as a temporary meas- The measure would also help level mote sales tax issue. ure to assist and nurture the fledgling Internet the playing field for local retailers who In addition to extending the expiring that—back in 1998—was still in its commercial must collect sales taxes when they moratorium on a temporary basis, the infancy. Yet, this bill ignores the significantly compete with out-of-state businesses House should take up and send to the changed environment of today’s Internet. that do not collect these taxes. Retail Senate legislation that would give competitors should be able to compete states the authority to collect sales The bill’s supporters continue to believe that fairly with their Internet counterparts, taxes from remote sellers. the Internet still is in need of extraordinary at least with respect to sales tax pol- Such a proposal would incentivize re- protection in the form of exemption from all icy. mote sellers to collect and remit sales state taxation. Now, I do know that a lot of our busi- taxes as well as require states to sim- But, the Internet of 2015 is drastically dif- nesses are taking to the Internet, and I plify several procedures that would ferent from its 1998 predecessor. And, surely applaud that. But before I came here benefit retailers. the Internet and its attendant technology will today I spoke before at least 100-plus Such legislation would enable states continue to evolve. small businesses. I can tell you that and local governments to collect more Permanently extending the tax moratorium they are worth considering, for many than $23 billion in estimated uncol- severely limits Congress’s ability to revisit and of them are in bricks-and-mortar, and lected sales taxes each year. make any necessary adjustments.

VerDate Sep 11 2014 06:16 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JN7.037 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3954 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Simply put, a permanent moratorium is un- search, access to the Internet is today and I want to thank her for her good wise. an integral part of the everyday life of work. In closing, urge my colleagues to oppose millions of Americans and people I also want to thank the chairman of H.R. 235. around the world. And we take great the committee for bringing this bipar- Mr. GOODLATTE. Mr. Speaker, at pride in this because this is an Amer- tisan bill, which is bipartisan. I signed this time it is my pleasure to yield 3 ican invention. on to this bill, I guess, with Represent- minutes to the gentleman from Ohio Just this month, the GAO released a ative ESHOO and maybe Representative (Mr. CHABOT), a member of the Judici- new report which found that broadband GOODLATTE, back in 2007 because it is ary Committee and chairman of the affordability continues to be the most my belief that the Internet is a neces- Small Business Committee. frequently identified barrier to adop- sity, and it is a necessity in minority Mr. CHABOT. Mr. Speaker, I want to tion. communities who need that outreach thank the chairman of the Judiciary Now, this whole issue of taxation for to information, whether it is edu- Committee, Mr. GOODLATTE, not only access to the Internet, this is not the cational or commercial, to reach out for yielding me this time but also for collection of taxes across State lines. and be a part of the society. Without his leadership on promoting and push- That is another issue. the Internet, you can’t do that. ing for this bill. There are over 10,000 taxing agencies Now, the gentlewoman from Texas The Internet is an essential compo- in the United States today. Imagine if and my State, Tennessee, neither have nent of our economy. It drives innova- we, you, your constituents, everyone in an income tax, and therefore, our gov- tion, job creation, and has resulted in a the country who uses the Internet has ernments rely on taxes that tend to be higher standard of living for virtually to pay for access to the Internet every regressive. I think Tennessee is the every American. time they go to use it, that they would most regressive State in the country The bill before us today provides cer- be taxed on that. on its taxes, very high sales tax. tainty to Americans by making the So, the temporary, or the morato- And the local governments will reach current law of the land permanent and rium bill that we have, now this one out for anything they can find to tax to protecting access to the Internet makes it permanent. This is a bipar- make up for the fact that our State against new taxes. tisan effort. Over 200 cosponsors in the doesn’t have a progressive tax base. Mr. Speaker, there is common ground Congress are on it. b 1700 in this Chamber today. We all agree We want to encourage expanded I want to protect my constituents that the Internet is an essential part of broadband adoption. If you tax it, you against regressive taxes at all levels our lives and an incredibly powerful are going to shrink it. And I think in and protect them against taxes that tool for communication, education, and the communities that are of lower eco- might limit their potentiality of get- job creation. Let’s not make accessing nomic means, this is going to hurt ting access to the World Wide Web and the Internet more costly and more dif- them even more. information they need. ficult. We need to do everything we can to So I am proud to be a sponsor of this, The Permanent Internet Tax Free- ensure that Internet access is univer- to work with the gentleman from Ohio dom Act, H.R. 235, makes the current sally affordable. This bill is an impor- (Mr. CHABOT), with whom I have law of the land permanent and protects tant component of that effort by per- worked on so many bills together, try- access to the Internet from new taxes, manently eliminating the taxation of ing to get the Delta Queen going back and that is why I would urge my col- Internet access. down the river and all these other leagues to support the bill. The current moratorium, as my col- things, and the gentleman from Vir- The Internet, it is essential to our leagues have said, expires October 1, ginia (Mr. GOODLATTE), the chairman everyday lives. Americans use it to run and we want to be ahead of that to on the Judiciary Committee. I thank small businesses, to do research, to keep the door open, but no taxation to them for their work and hope they will apply for jobs, to listen to music, to access. all vote for this in a bipartisan fashion. communicate with friends and family, I want to salute the chairman, Chair- I hope the Senate will, as they did on to check the weather and the traffic, man GOODLATTE. We are good friends. the USA FREEDOM Act, follow the and for so many other things. We have worked on other efforts. lead of the House and show that the Since 1998, Congress has made sure As I said, this bill has nearly 200 bi- House leads. that access to the Internet remains partisan cosponsors and strong support Mr. GOODLATTE. Mr. Speaker, I re- tax-free. Unfortunately, this protection of the communications, Internet, and serve the balance of my time. expires in October, at which point e-commerce industries. So I would urge Ms. JACKSON LEE. Mr. Speaker, I taxes could go up on every American all of my colleagues to support this, yield myself the balance of my time. who wants to get online. and understand that, from the ground First of all, let me again say that in Now is the time to make sure that up, we want to expand the use of the Judiciary Committee, we have con- this policy remains permanent. Now is broadband in our country for every sistently worked together on issues the time to protect access to the Inter- community. Whether they are poor, dealing with the Internet, continue to net. whether they are rural, whether they work together on issues dealing with So I want to again thank the chair- are in a city, whether they are middle innovation, so I would hope as this bill man of the Judiciary Committee, Mr. class individuals, we don’t want to makes its way to the Senate we will GOODLATTE, for his leadership on this weigh the Internet down with taxation find an opportunity to work together issue. Let’s make sure that access to of average people in this country. It again. the Internet stays tax-free. That is the would really be unfair, and I think it But I want to make mention of the way it is under the existing law. What would smother the Internet as we know fact that in addition to Texas, Wis- we are trying to do is to make that it. consin will lose about $127 million, permanent. I would urge my colleagues Mr. GOODLATTE. Mr. Speaker, I Ohio will lose about $65 million, and to do that. have only one speaker remaining. I be- South Dakota will lose about $13 mil- Ms. JACKSON LEE. Mr. Speaker, it lieve I have the right to close, so if the lion. Should this bill become law, State gives me great pleasure to yield 4 min- gentlewoman has additional speakers, I and local governments will have to utes to the gentlewoman from Cali- reserve the balance of my time. choose whether they will cut essential fornia (Ms. ESHOO), the longstanding Ms. JACKSON LEE. Mr. Speaker, I government services, such as educating author of this legislation. am delighted to yield 11⁄2 minutes to our children, maintaining needed Ms. ESHOO. I thank the gentle- the distinguished gentleman from Ten- transportation infrastructure, and pro- woman from Texas. nessee (Mr. COHEN), who is the ranking viding essential public health and safe- Mr. Speaker, I rise in strong support member on the Judiciary Committee’s ty services, or shift the tax burden of H.R. 235, the Permanent Internet Regulatory Reform, Commercial and onto other taxpayers to increase prop- Tax Freedom Act. Antitrust Law Subcommittee. erty income and sales taxes. Now, whether it is communication, Mr. COHEN. Mr. Speaker, I thank the Now let me be very clear: I am not commerce, business, education, re- gentlewoman for providing the time, interested in taxing the Internet. I am

VerDate Sep 11 2014 06:31 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.019 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3955 interested in the process that most ‘‘NGA encourages the committee instead For all of these reasons, we urge you to States are utilizing. It is the purchase to act to address the disparity between Main vote against the Permanent Internet Tax of items that juxtapose against those Street retailers and online sellers regarding Freedom Act, H.R. 3086. who have bricks and mortar, and par- the collection of state and local sales taxes. Sincerely, Leveling the playing field for all retailers is Matthew D. Chase, Executive Director, Na- ticularly small businesses. tional Association of Counties; Meanwhile, the Center on Budget and a priority for governors, consistent with federalism and the best opportunity for states, Clarence E. Anthony, Executive Director, Policy Priorities has estimated that Congress and the business community to National League of Cities; the permanent moratorium will deny work together.’’ Tom Cochran, Executive Director, U.S. the non-grandfathered States of almost Conference of Mayors; $6.5 billion in potential State and local Ms. JACKSON LEE. I would like to Robert J. O’Neill, Executive Director, sales tax revenue—sales tax, not access make note that I came from local gov- International City/County Management As- to the Internet. ernment, so I have a letter signed by sociation; representatives of the National Asso- Jeffrey L. Esser, Executive Director, Gov- H.R. 235 will burden taxpayers while ernment Finance Officers Association; excluding an entire industry from pay- ciation of Counties, National League of Stephen Traylor, Executive Director, Na- ing their fair share of taxes. I want this Cities, U.S. Conference of Mayors, tional Association of Telecommunications industry to grow, and, again, I do not International City/County Manage- Officers and Advisors. want taxing on access. You can be on ment Association, Government Fi- Ms. JACKSON LEE. I want to be very the Internet from morning until the nance Officers Association, and the Na- clear: I am here, as many Members are, early sunrise again, the next day. But tional Association of Telecommuni- to extend our hand of friendship for the for those States who have worked and cations Officers and Advisors. In part, protection of the Internet and the worked with our committee, trying to they simply say that they are writing question of sales on the Internet. I find a pathway forward, I would like to on behalf of local governments: ‘‘We hope we will be able to do that. I ask see us find a compromise. urge you to oppose the legislation. . . . my colleagues to consider the failings Finally, this bill ignores the funda- The most recent estimates provided by of the present bill and to, in its present mental nature of the Internet. The the Congressional Budget Office,’’ they form, oppose it. original moratorium was intentionally write, ‘‘indicate that, if enacted, H.R. TO MEMBERS OF THE TEXAS CONGRESSIONAL made temporary to ensure Congress, 3086 would cost State and local govern- DELEGATION: As some of you already know, industry, and State and local governments hundreds of millions of dollars this bill would make permanent the Internet ments would be able to monitor the in lost revenues.’’ Tax Freedom Act and, importantly for issue and make adjustments where nec- Texas, would repeal the existing grandfather NATIONAL ASSOCIATION OF COUN- essary to accommodate new tech- clause that has been in place since the origi- TIES, NATIONAL LEAGUE OF CITIES, nal passage of the Act in 1998 that has al- nologies and market realities, such as U.S. CONFERENCE OF MAYORS, lowed Texas to impose sales and use taxes on acts. The act was intended as a tem- INTERNATIONAL CITY/COUNTY MAN- Internet access services at the state and porary measure to assist and nurture AGEMENT ASSOCIATION, GOVERN- local level. the fledgling Internet that back in 1998 MENT FINANCE OFFICERS ASSOCIA- The Texas legislature just finished its reg- TION, NATIONAL ASSOCIATION OF was still in its commercial infancy, yet ular session on June 1, and while it decided TELECOMMUNICATIONS OFFICERS this bill ignores the significantly to cut property and franchise taxes, it chose AND ADVISORS changed environment of today’s Inter- to maintain the sales and use tax imposed on July 8, 2014. net. these services and anticipates receiving that The bill’s supporters continue to be- DEAR REPRESENTATIVE: On behalf of local revenue during the next two year budget lieve that the Internet still is in need governments across the nation, our organiza- cycle. of extraordinary protection in the form tions write to express our continuing opposi- The estimated revenue loss to the state of exemptions from State taxation, but tion to H.R. 3086, the Permanent Internet and local jurisdictions if the grandfather is Tax Freedom Act. We urge you to oppose the not extended is as follows: the Internet of 2015 is drastically dif- legislation when it is considered on the State: $280 million ferent from 1998. It is standing on its House floor. City: 51 own two legs. It is not a toddler. It is Transit: 18 The most recent estimates provided by the County: 5 a full-grown adult. Congressional Budget Office indicate that, if Permanently extending the tax mor- Special districts: 4 enacted, H.R. 3086 would cost state and local Total: $358 million (per year) atorium severely limits Congress’ abil- governments hundreds of millions of dollars ity to revisit and make any necessary Please feel free to get in touch with me if in lost revenues. These are revenues that you need input from the Comptroller’s office adjustments, though I hope we will. local governments rely upon to fund essen- on this or any other state/local tax bills that Simply put, the permanent morato- tial services in their communities, including come before the House. rium is unwise, and I urge my col- well-trained firefighters and police officers; Thanks, leagues to consider the problems of schools, parks, community centers and li- NANCY L. PROSSER, H.R. 235. H.R. 235, I think, should be ad- braries to support youth; retirement secu- Special Counsel to the dressing these issues dealing with the rity for dedicated career employees; and con- Deputy Comptroller, tinued investments to fix aging infrastruc- Texas Comptroller of many who have opposed it. ture. Let me, as I close, mention that the Public Accounts. National Governors Association re- In addition, now that Internet access is JUNE 8, 2015. cently introduced the following state- ubiquitous and its use generates scores of billions of dollars in revenue annually, it no ment: ‘‘The National Governors Asso- LABOR UNIONS OPPOSE H.R. 235 (PITFA) BAN longer justifies protection from state and ON STATE & LOCAL GOVERNMENT TAXES ON ciation is disappointed that the House local taxation. When the law was first en- INTERNET ACCESS. Judiciary Committee is moving to acted in 1998, the Internet access and com- DEAR REPRESENTATIVE: We, the under- make the Internet access tax morato- merce industries were in their infancy and signed labor unions, oppose a federal ban on rium permanent.’’ only beginning to be significantly available the authority of state and local governments NGA STATEMENT REGARDING INTERNET to households. The intent of the moratorium to impose taxes on internet access. We stren- ACCESS TAX was to give the then-nascent Internet indus- uously oppose the ‘‘Permanent Internet Tax try time to grow and become established. [For Immediate Release, June 17, 2014] Freedom Act’’ (H.R. 235), which would ban However, even at that time, Congress recog- these internet access taxes permanently. WASHINGTON—The National Governors As- nized that the ban should not be permanent. sociation today released the following state- This type of federal tax preemption is typi- ment regarding the Internet access tax mor- Finally, as the telecommunications and cally unwarranted because it restricts state atorium: cable service industries transition to and local government taxing authority un- ‘‘The National Governors Association broadband, the scope of what the ITFA im- necessarily, narrows the tax base, and often (NGA) is disappointed that the House Judici- munizes from state and local taxation is rap- leads to harmful unintended consequences. ary Committee is moving to make the Inter- idly expanding. Over time, the ITFA would In this case, the internet’s huge economic net access tax moratorium permanent. arbitrarily exempt this fast growing, pros- value, its vast and expanding importance to ‘‘Federal prohibitions on state taxing au- perous sector of the economy from taxation, daily life, and the vague statutory definition thority are contrary to federalism and the and unfairly shift the burden of supporting of ‘‘internet access’’ makes this particular sovereign authority of states to structure essential local services onto other businesses carve out especially troubling and likely to and manage their own fiscal systems. and residents in a community. cause fiscal problems. By restricting state

VerDate Sep 11 2014 06:31 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.039 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3956 CONGRESSIONAL RECORD — HOUSE June 9, 2015 and local taxing authority, this bill reduces The opponents’ chief argument is A motion to reconsider was laid on the ability of state and local governments to that the bill would cost the States $6.5 the table. raise funds to invest in needed infrastruc- billion annually. This argument con- f ture, education, health care, job training, fuses an out-of-pocket loss with pre- and other vital public services. FOREIGN CULTURAL EXCHANGE vention of a gain. States cannot cur- While a short-term ban is less troubling JURISDICTIONAL IMMUNITY rently tax Internet access, so they will than a permanent ban, any ban remains CLARIFICATION ACT problematic and harmful to state and local suffer no actual revenue loss. The only government finances. Ideally, the existing out-of-pocket loss would be to tax- Mr. GOODLATTE. Mr. Speaker, I temporary ban should be allowed to expire as payers in 44 States who will owe an ad- move to suspend the rules and pass the scheduled on September 30, 2015. As new ditional $6.5 billion annually should it bill (H.R. 889) to amend chapter 97 of internet-based technology and related appli- title 28, United States Code, to clarify cations increasingly affect our daily lives expire. They will have to pay taxes and rapidly transform our economy, we are that they don’t have to pay now. the exception to foreign sovereign im- extremely wary of a ban that is permanent. Nevertheless, some of our colleagues munity set forth in section 1605(a)(3) of Congress should be extremely cautious be- would prefer to extend the moratorium such title. fore supporting a permanent tax exemption temporarily rather than permanently. The Clerk read the title of the bill. for internet access. Moreover, it would set That is simply inefficient. The morato- The text of the bill is as follows: harmful, inappropriate, and costly prece- rium has been periodically renewed by H.R. 889 dents that could spillover into other sectors enormous bipartisan margins in both Be it enacted by the Senate and House of Rep- of our economy. resentatives of the United States of America in Years ago, some opined the internet needed Houses for 16 years. No serious expecta- Congress assembled, time to grow because it was weak, tiny, or tions are being upset by codifying what immature. In contrast, today’s internet is an everyone knows is the case: the mora- SECTION 1. SHORT TITLE. enormously powerful driver of our economy, torium is not going away. This Act may be cited as the ‘‘Foreign Cul- a central part of our daily lives, and an enor- The grandfathers will be eliminated, tural Exchange Jurisdictional Immunity Clarification Act’’. mously valuable well developed industry. As but that only affects six States that the internet continues providing new trans- SEC. 2. CLARIFICATION OF JURISDICTIONAL IM- have had more than enough time to MUNITY OF FOREIGN STATES. formative services to businesses and con- transition to other sources of revenue, sumers, its importance to America’s econ- (a) IN GENERAL.—Section 1605 of title 28, omy grows. Prohibiting these taxes would which was the original intent of the United States Code, is amended by adding at unfairly exempt this economic sector from grandfather clauses. If those States the end the following: contributing to our common well being and still need more time, I am open to ‘‘(h) JURISDICTIONAL IMMUNITY FOR CERTAIN communities. In addition, this unneeded and working with the Senate on a final ART EXHIBITION ACTIVITIES.— undeserved carve out would unfairly shift its phaseout. ‘‘(1) IN GENERAL.—If— ‘‘(A) a work is imported into the United share of taxes to other services, sectors, and Opponents also argue that PITFA stakeholders. There is no reason to exempt States from any foreign country pursuant to creates unequal treatment of similar an agreement that provides for the tem- internet providers and users from state and services. The example given is landline local government taxes. porary exhibition or display of such work en- Our labor unions urge you to oppose the phone service, which is taxable, versus tered into between a foreign state that is the ‘‘Permanent Internet Tax Freedom Act’’ Skype which, under PITFA, is acces- owner or custodian of such work and the (H.R. 235) and any similar ban on state and sible tax-free. But this happens because United States or one or more cultural or local government taxes on internet access. Skype’s basic service is free; Skype’s educational institutions within the United American Federation of Labor and Con- paid service is taxable. Indeed, PITFA States, ‘‘(B) the President, or the President’s des- gress of Industrial Organizations (AFL- specifically provides that Internet CIO); American Federation of State, ignee, has determined, in accordance with phone service is taxable. subsection (a) of Public Law 89–259 (22 U.S.C. County and Municipal Employees More importantly, this neutrality ar- (AFSCME); American Federation of 2459(a)), that such work is of cultural signifi- Teachers (AFT); Amalgamated Transit gument conflates a service with the ac- cance and the temporary exhibition or dis- Union (ATU); Communications Work- cess to it. play of such work is in the national interest, ers of America (CWA); Department for The toll road on the way to the shop- and Professional Employees, AFL-CIO ping mall is not the same as the sales ‘‘(C) the notice thereof has been published (DPE); International Association of tax paid at the mall. PITFA is neutral in accordance with subsection (a) of Public Fire Fighters (IAFF); International because Skype’s paid service remains Law 89–259 (22 U.S.C. 2459(a)), Federation of Professional and Tech- any activity in the United States of such for- taxable, just like landline service. eign state, or of any carrier, that is associ- nical Engineers (IFPTE); International True, there is no tax on Skype’s basic Union of Police Associations (IUPA); ated with the temporary exhibition or dis- National Education Association (NEA); service because it is free, but that is play of such work shall not be considered to Service Employees International Union the function of Skype’s revenue model, be commercial activity by such foreign state (SEIU); International Union, United not a different tax treatment of the for purposes of subsection (a)(3). Automobile, Aerospace & Agricultural same service. ‘‘(2) NAZI-ERA CLAIMS.—Paragraph (1) shall Implement Workers of America (UAW). This legislation has enormous bipar- not apply in any case asserting jurisdiction under subsection (a)(3) in which rights in Ms. JACKSON LEE. With that, I tisan support precisely because Mem- bers on both sides of the aisle already property taken in violation of international yield back the balance of my time. law are in issue within the meaning of that Mr. GOODLATTE. Mr. Speaker, I understand the flaws in these objec- subsection and— yield myself the balance of my time. tions. I catalog them here merely to ‘‘(A) the property at issue is the work de- The last thing the American people complete the record. scribed in paragraph (1); need is another tax bill at their door This is a great issue for the Congress ‘‘(B) the action is based upon a claim that come October. If the ban lapses, State to move forward on in a bipartisan such work was taken in connection with the telecommunications taxes could take fashion that will help to create jobs acts of a covered government during the cov- effect, and those rates are already too and economic growth and foster con- ered period; high. Basic economics teaches that, as tinued greater access to the unparal- ‘‘(C) the court determines that the activity associated with the exhibition or display is price rises, demand falls. leled opportunities that Internet access commercial activity, as that term is defined Former White House Chief Economist provides. I urge my colleagues to sup- in section 1603(d); and Austan Goolsbee estimated that a tax port this legislation. ‘‘(D) a determination under subparagraph that increased the price of Internet ac- I yield back the balance of my time. (C) is necessary for the court to exercise ju- cess by 1 percent would reduce demand The SPEAKER pro tempore. The risdiction over the foreign state under sub- for Internet access by 2.75 percent. This question is on the motion offered by section (a)(3). bill ensures that access to the Inter- the gentleman from Virginia (Mr. ‘‘(3) DEFINITIONS.—For purposes of this subsection— net—this unparalleled engine of social GOODLATTE) that the House suspend mobility—remains tax-free. That is the rules and pass the bill, H.R. 235. ‘‘(A) the term ‘work’ means a work of art or other object of cultural significance; why this bill is so overwhelmingly pop- The question was taken; and (two- ‘‘(B) the term ‘covered government’ ular. Nevertheless, I believe it is proper thirds being in the affirmative) the means— to counter the criticisms of the small rules were suspended and the bill was ‘‘(i) the Government of Germany during pockets of resistance that remain. passed. the covered period;

VerDate Sep 11 2014 04:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.028 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3957 ‘‘(ii) any government in any area in Europe the Federal courts have held that the which these factual circumstances do that was occupied by the military forces of Immunity from Seizure Act does not not apply. the Government of Germany during the cov- preempt the Foreign Sovereign Immu- I would not support this bill if it did ered period; nities Act. The effect has been to open ‘‘(iii) any government in Europe that was not contain a sufficient exception for established with the assistance or coopera- foreign governments up to the jurisdic- claims arising from artwork stolen by tion of the Government of Germany during tion of U.S. courts simply because they the Nazis, their allies, and their affili- the covered period; and loaned artwork or cultural objects to ates. ‘‘(iv) any government in Europe that was an American museum or educational H.R. 889 has such an exception, ensur- an ally of the Government of Germany dur- institution. ing that victims of Nazi art theft con- ing the covered period; and This has significantly impeded the tinue to have the opportunity to pur- ‘‘(C) the term ‘covered period’ means the ability of U.S. institutions to borrow sue justice in court. This exception is period beginning on January 30, 1933, and foreign-government-owned items. It appropriate and important in light of ending on May 8, 1945.’’. has also resulted in cultural exchanges (b) EFFECTIVE DATE.—The amendment the sheer scale and the particularly made by this section shall apply to any civil being curtailed as foreign governments concerted efforts of the Nazis to seize action commenced on or after the date of the have become hesitant to permit their artwork and other cultural property enactment of this Act. cultural property to travel to the from their victims. The SPEAKER pro tempore. Pursu- United States. A movie that was directed and ant to the rule, the gentleman from This bill addresses this situation. It starred in by George Clooney called Virginia (Mr. GOODLATTE) and the gen- provides that if the State Department ‘‘The Monuments Men’’ brought to tleman from Tennessee (Mr. COHEN) grants immunity to a loan of artwork America’s attention, really, the ex- each will control 20 minutes. or cultural objects from the Immunity treme depth to which the Nazis went to The Chair recognizes the gentleman from Seizure Act, then the loan cannot confiscate art, steal art, and try to from Virginia. subject a foreign government to the ju- keep it for their own uses and for the GENERAL LEAVE risdiction of U.S. courts under the For- future of what they saw as a Nazi Mr. GOODLATTE. Mr. Speaker, I ask eign Sovereign Immunities Act. world. unanimous consent that all Members This is very narrow legislation. It only applies to one of many grounds for may have 5 legislative days within b 1715 which to revise and extend their re- jurisdiction under the Foreign Sov- marks and include extraneous mate- ereign Immunities Act, and it requires In that film, American soldiers were rials on H.R. 889, currently under con- the State Department to grant the art- shown in extreme danger to themselves sideration. work immunity before its provisions in great heroic acts to locate and save The SPEAKER pro tempore. Is there apply. Moreover, in order to preserve that artwork for generations to come. objection to the request of the gen- the claims of the victims of the Nazi In fact, those particular survivors will tleman from Virginia? government and its allies during World be given a Congressional Gold Medal There was no objection. War II, the bill has an exception for for their work. Mr. GOODLATTE. Mr. Speaker, I claims brought by these victims. Another recent film, ‘‘Woman in yield myself such time as I may con- If we want to encourage foreign gov- Gold,’’ tells the story of Maria sume. ernments to continue to lend artwork Altmann. It surrounds compensation Mr. Speaker, I would like to begin by and other artifacts, we must enact this for artwork stolen by the Nazis and has thanking the gentleman from Ohio legislation. Without the protections been highlighted recently in the thea- (Mr. CHABOT) for introducing this legis- this bill provides, foreign governments tres. lation and the gentleman from Michi- will avoid the risk of lending their cul- Mrs. Altmann’s effort to retrieve gan (Mr. CONYERS) and the gentleman tural items to American museums and works by Gustav Klimt that the Nazis from Tennessee (Mr. COHEN) for their educational institutions, and the had taken from her uncle in Austria in support as well. American public will lose the oppor- the thirties led to an important Su- The Foreign Cultural Exchange Ju- tunity to view and appreciate these preme Court decision that held that risdictional Immunity Clarification cultural objects from abroad. the expropriation exception applied to Act strengthens the ability of U.S. mu- Last Congress, this legislation passed claims arising prior to the FSIA’s en- seums and educational institutions to the House with broad bipartisan sup- actment in 1976, which allowed Nazi- borrow foreign-government-owned art- port by a vote of 388–4. I, once again, era victims to file suit for damages in work and cultural artifacts for tem- urge my colleagues to support this bill. Federal court. porary exhibition or display in the I reserve the balance of my time. Mr. COHEN. Mr. Speaker, I yield my- It is critical to note that the bill United States. sponsors worked with the Conference The United States has long recog- self such time as I may consume. on Jewish Material Claims Against nized the importance of encouraging I rise in support of H.R. 889, the For- Germany to revise the Nazi-era excep- the cultural exchange of ideas through eign Cultural Exchange Jurisdictional tion to ensure that it was broad enough exhibitions of artworks and other arti- Immunity Clarification Act. to be a meaningful exception. As a re- facts loaned from other countries. This bill makes a modest but impor- sult, the conference has stated, for These exchanges expose Americans to tant amendment to the ‘‘expropriation itself and for the American Jewish other cultures and foster under- exception’’ of the Foreign Sovereign community, that it will not oppose the standing between people of different Immunities Act of 1976. Specifically, it bill. nationalities, languages, religions, and ensures that foreign states are immune races. from suits for damages concerning the I also note that all of the FSIA’s Unfortunately, the future success of ownership of cultural property when other exceptions to sovereign immu- cultural exchanges is severely threat- three particularly important ingredi- nity remain available to potential ened by a disconnect between the Im- ents are present: one, that the property plaintiffs with claims concerning the munity from Seizure Act and the For- is in the United States pursuant to an ownership of cultural property. eign Sovereign Immunities Act. agreement between the foreign state In particular, I note this bill does Loans of artwork and cultural ob- and the U.S. or a U.S.-based cultural or nothing to affect the attempts of jects depend on foreign lenders having educational institution; two, the Presi- Chabad to seek enforcement of its 2011 confidence that the items they loan dent has granted the work at issue im- judgment against Russia, both because will be returned and that the loan will munity from seizure pursuant to the such judgment would predate the effec- not open them up to lawsuits in U.S. Immunity from Seizure Act; and three, tive date of this bill and because it was courts. that the President’s grant of immunity not predicated on the loan of any art- For 40 years, the Immunity from Sei- from seizure is published in the Federal work to the U.S., meaning this bill zure Act provided foreign government Register. All three of those conditions would not have any effect in that case lenders with this confidence. However, must be met. even if it had been in effect in 2011. rulings in several recent Federal cases The expropriation exception remains To the extent it may be necessary, I have undermined the protection pro- available to all claims concerning mis- would encourage consideration of add- vided by this law. In these decisions, appropriated cultural property to ing clarifying language that this bill

VerDate Sep 11 2014 06:16 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.021 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3958 CONGRESSIONAL RECORD — HOUSE June 9, 2015 does nothing to affect enforcement of Furthermore, it is important to note Last Congress, this body showed an already entered judgment. that the immunity provided under this overwhelming support for this bill, and H.R. 89 is narrowly tailored to ensure bill does not apply to artwork taken in I urge my colleagues to support this that it provides for just enough immu- violation of international law, as was legislation once again. I also urge our nity to encourage foreign states to lend already mentioned by both Mr. GOOD- colleagues in the other body to swiftly their cultural property to American LATTE and Mr. COHEN, in particular, to move similar legislation through their museums and universities, accordingly, those pieces of art seized during World Chamber. Again I thank Chairman then, to the American people, young War II by the Nazi government or by GOODLATTE and Ranking Member CON- people and older, for temporary exhib- the Nazi government’s allies or impact YERS and Mr. COHEN for their support. its and displays without protecting ongoing cases to get the Russians to Mr. COHEN. Mr. Speaker, I yield 2 more than we intend to protect. return a collection of sacred Jewish minutes to the gentlewoman from The bill ensures that works that have books and manuscripts claimed by the Texas (Ms. JACKSON LEE), the ranking already been granted immunity from Chabad movement. member of the Crime, Terrorism, seizure by the President, pursuant to By enacting the Immunity from Sei- Homeland Security, and Investigations the Immunity from Seizure Act, are zure Act, Congress recognized that cul- Subcommittee of the Judiciary Com- also immune from suits for damages, tural exchanges produce substantial mittee. which is in keeping with the act’s pur- benefits for the United States, both ar- Ms. JACKSON LEE. Mr. Speaker, let pose in encouraging foreign countries tistically and diplomatically. Foreign me thank Mr. GOODLATTE, Mr. CHABOT, to lend their works to American insti- lending has and should continue to aid and Mr. COHEN for their great work on tutions without fear of litigation based cultural understanding and increase this instructive legislation. My appre- on the act of lending these works. public exposure to archeological arti- ciation for the Judiciary Committee is In essence, if you believe in art, you facts. how we clarify the law, and in this in- However, for artwork and cultural like art, you think people should see stance the subcommittee has brought objects owned by foreign governments, art, and you like your museums, you two conflicting legal tenets as relate to the intent of the Immunity from Sei- ought to be for this bill. That is why I statutes and clarified them. So I want zure Act is being frustrated by the For- thank Representative STEVE CHABOT, to celebrate it because it is directly eign Sovereign Immunities Act. Some Judiciary Committee Chairman BOB impacting on the Nation’s museums interpretations of the Foreign Sov- GOODLATTE, and Ranking Member JOHN and educational institutions. Let me CONYERS for their leadership on this ereign Immunities Act have exposed foreign governments to the jurisdiction cite some in my congressional district. issue and for allowing me to manage Texas Southern University has an Af- of U.S. courts based solely upon the this time and be part of this initiative. rican American history museum. It is a I would urge my colleagues to sup- temporary importation into the U.S. of beautiful display. This legislation will port the bill. foreign-government-owned artwork. allow a small entity that could not I reserve the balance of my time. According to the American Association Mr. GOODLATTE. Mr. Speaker, I of Museum Directors, this has led, on stand under a lawsuit to be able to se- yield as much time as he may consume several occasions, to foreign govern- cure international gifts which they to the gentleman from Ohio (Mr. ments declining to exchange artwork have received without the burden of CHABOT), who is the chief sponsor of and cultural objects with the United litigation. In the early stages of my career in this legislation. States for temporary exhibits. Mr. CHABOT. Mr. Speaker, I would In a recent survey of 38 museums Congress, I represented, extensively, like to begin by thanking Chairman across the U.S., it was found that, over Houston’s museum district: the Mu- GOODLATTE, Ranking Member CONYERS, the past 5 years, these museums had seum of Foreign Arts, with an out- and also Mr. COHEN of Tennessee for 1,000 pieces denied to showcase here in standing curator, museum director; the their leadership in cosponsoring this the United States for very questionable Children’s Museum; the Health Mu- legislation. reasons. These were works that museum; and the Museum of Natural As Mr. COHEN had mentioned earlier, seum curators reasonably believed Science. All of those have the tendency he and I have found a number of pieces would be loaned to their museum for to receive these international gifts and of legislation which we have been able special exhibits. Therefore, in order to also be subjected, potentially, because to support together in a bipartisan continue the exchange of foreign-gov- of the conflict to seizure. manner, such as the Delta Queen, ernment-owned art and reaffirm our In particular, I remember working which we are still working on. I would country’s commitment to the pro- with the Museum of Fine Arts, maybe like to think that we can look forward motion of foreign lending to American one of my greatest early opportunities to other pieces of legislation down the museums, Congress needs to clarify the of service, and to help them bring the road to work together on, again in a bi- relationship between the two acts I al- Russian jewels to Houston, Texas. It partisan manner. There is a lot better ready referred to: the Immunity from was a long, long journey, not because chance you can get things accom- Seizure Act and the Foreign Sovereign of the distance but because of the con- plished in this House if you do that. He Immunities Act. That is what this leg- flicting laws and the entanglement of has reached out, and I certainly appre- islation does. imports and protection of the jewels. I ciate that. This is a relatively minor change to remember being at the dock receiving H.R. 889, which I authored, is simple, the law, but it will provide enormous those jewels after a long wait. Just straightforward legislation that re- cultural benefits by ensuring that mu- imagine if there had been this poten- stores American museums the protec- seums, like the Cincinnati Museum tial of seizure, which there was, but tions of the Immunities from Seizures Center and the Cincinnati Art Museum that there was the glaring opportunity Act and clarifies the relationship that and other similar museums throughout there for seizure and it had occurred. that act and the Foreign Sovereign Im- the State of Ohio and across the coun- What would have happened to this munities Act share. This bill would re- try, may continue to present first-class great art exchange and, as well, to vise existing law to clarify that the exhibits that educate the public on cul- what we were doing in Houston? temporary importation of artwork is tural heritage and artwork from all Let me close by saying, Mr. Speaker, not legally considered commercial ac- over the globe. Through enactment of I want to support this bill extensively, tivity and assure foreign government this legislation, we can secure foreign and it will help all of these institutions lenders that if they are granted immu- lending to American museums and en- across America. nity from seizures, their loan of art- sure that foreign art lenders are not Mr. COHEN. Mr. Speaker, I rise in support work and artifacts will not subject entangled in unnecessary litigation. of H.R. 889, the ‘‘Foreign Cultural Exchange them to the jurisdiction of U.S. courts Mr. Speaker, this legislation is sup- Jurisdictional Immunity Clarification Act.’’ and lawsuits and disputes about that ported by the Association of Art Mu- H.R. 889 makes a modest but important property, so that it is much more like- seum Directors, which represents 240 amendment to the ‘‘expropriation exception’’ of ly that they will allow their artifacts museums, including the Smithsonian the Foreign Sovereign Immunities Act of 1976. and artworks to come here and then be and several within my district and all Specifically, it ensures that foreign states are enjoyed by the American public. across the country. immune from suits for damages concerning

VerDate Sep 11 2014 04:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JN7.045 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3959 the ownership of cultural property when: that the President pursuant to the Immunity from (1) recognizes all law enforcement agencies property is in the United States pursuant to an Seizure Act are also immune from suits for and officers for their tireless work to protect agreement between the foreign state and the damages, which is in keeping with the Act’s us and make our communities safer; (2) recognizes the potential for the use of U.S. or a U.S.-based cultural or educational purpose of encouraging foreign countries to body-worn cameras by on-duty law enforce- institution; the President has granted the work lend their works to American institutions with- ment officers to improve community rela- at issue immunity from seizure pursuant to the out fear of litigation based on the act of lend- tions, increase transparency, and protect Immunity from Seizure Act; and the Presi- ing those works. both citizens and police; and dent’s grant of immunity from seizure is pub- I thank Representative STEVE CHABOT, Judi- (3) encourages State and local law enforce- lished in the Federal Register. ciary Committee Chairman BOB GOODLATTE, ment agencies to consider the use of body- The expropriation exception remains avail- and Committee Ranking Member JOHN CON- worn cameras, including policies and proto- able to all claims concerning misappropriated YERS, Jr. for their leadership on this issue and cols to handle privacy, storage, and other cultural property to which these factual cir- I urge my colleagues to support this bill. relevant concerns. cumstances do not apply. Mr. GOODLATTE. Mr. Speaker, I The SPEAKER pro tempore. Pursu- I would not support this bill if it did not con- have no further speakers, and I yield ant to the rule, the gentleman from tain a sufficient exception for claims arising back the balance of my time. Virginia (Mr. GOODLATTE) and the gen- from artwork stolen by the Nazis, their allies, Mr. COHEN. Mr. Speaker, I have no tlewoman from Texas (Ms. JACKSON and their affiliates. further requests for time, but I would LEE) each will control 20 minutes. H.R. 889 has just such an exception, ensur- like to recognize Lafayette and Wash- The Chair recognizes the gentleman ing that victims of Nazi art theft continue to ington. The Hermione, the boat that from Virginia. have the opportunity to pursue justice in court. brought Lafayette to Washington, a GENERAL LEAVE This exception is appropriate in light of the replica thereof, has just come to Vir- Mr. GOODLATTE. Mr. Speaker, I ask sheer scale and the particularly concerted ef- ginia, and there is a recognition of that unanimous consent that all Members forts of the Nazis to seize artwork and other at Mount Vernon tonight. I think we may have 5 legislative days within cultural property from their victims. should recognize their portraits here. which to revise and extend their re- The particular sensitivity surrounding com- They helped this country become free marks and include extraneous mate- pensation for artwork stolen by the Nazis has from the shackles of Great Britain and rials on H. Res. 295, currently under been highlighted in recent months by the mo- become the great country we are. consideration. tion picture Woman in Gold, which tells the I yield back the balance of my time. The SPEAKER pro tempore. Is there story of Maria Altmann. The SPEAKER pro tempore. The objection to the request of the gen- Mrs. Altmann’s efforts to retrieve works by question is on the motion offered by tleman from Virginia? Gustav Klimt that the Nazis had taken from the gentleman from Virginia (Mr. There was no objection. uncle in Austria in the 1930’s led to an impor- GOODLATTE) that the House suspend Mr. GOODLATTE. Mr. Speaker, I tant Supreme Court decision that held that the the rules and pass the bill, H.R. 889. yield myself such time as I may con- expropriation exception applied to claims aris- The question was taken; and (two- sume. ing prior to the FSIA’s enactment in 1976, thirds being in the affirmative) the I would like to begin by thanking the which allowed Nazi-era victims to file suit for rules were suspended and the bill was gentleman from Texas (Mr. AL GREEN) damages in federal court. passed. and the gentleman from Missouri (Mr. It is also critical to note that the bill’s spon- A motion to reconsider was laid on CLEAVER) for introducing this resolu- sors worked with the Conference on Jewish the table. tion and commend them for their work Material Claims Against Germany to revise the f on this important issue. Nazi-era exception to ensure that it was broad SUPPORTING LOCAL LAW Policing is an inherently dangerous enough to be a meaningful exception. ENFORCEMENT AGENCIES job. Our law enforcement officers de- As a result, the Conference has stated, for serve our gratitude for the work they Mr. GOODLATTE. Mr. Speaker, I itself and for the American Jewish Committee, do on a daily basis to make sure that move to suspend the rules and agree to that it will not oppose this bill. our streets are safe, the most helpless the resolution (H. Res. 295) supporting I also note that all of the FSIA’s other ex- in our communities are protected, and local law enforcement agencies in their ceptions to sovereign immunity remain avail- those who commit crimes are brought continued work to serve our commu- able to potential plaintiffs with claims con- to justice. nities, and supporting their use of body cerning the ownership of cultural property. I am very concerned that force is worn cameras to promote transparency In particular, I note that this bill does nothing used appropriately and that police offi- to protect both citizens and officers to affect the attempts by Chabad to seek en- cers are taking appropriate steps to forcement of its 2011 judgment against Rus- alike. The Clerk read the title of the resolu- protect innocent civilians when they sia, both because such judgment would pre- tion. make encounters. There is increasing date the effective date of this bill and because The text of the resolution is as fol- unrest in our urban communities about it was not predicated on the loan of any art- lows: policing. work to the U.S., meaning that this bill would I am also concerned with the re- H. RES. 295 not effect that case even if it had been in ef- peated targeting of our police and law Whereas the United States Department of fect in 2011. enforcement personnel. Last week, a To the extent it may be necessary, I would Justice issued a report titled, ‘‘Police Officer Body-Worn Cameras’’, which details a num- terror suspect believed to be plotting encourage consideration of adding clarifying ber of benefits of body-worn cameras, includ- to behead a Boston officer was killed in language that this bill does nothing to affect ing— a confrontation with Boston police. enforcement of an already-entered judgment. (1) increased transparency and citizen Last month, two police officers were H.R. 889 is narrowly tailored to ensure that views of police legitimacy; killed by criminals hoping to become it provides for just enough immunity to encour- (2) improved behavior and civility among cop killers. Officers Dean and Tate, re- age foreign states to lend their cultural prop- both police officers and citizens; and (3) increased evidentiary benefits that ex- sponding to a routine traffic stop in erty to American museums and universities for pedite resolution of citizen complaints or Hattiesburg, Mississippi, were gunned temporary exhibits and displays without pro- lawsuits and improving evidence for arrest down by a group of five men. tecting more than we intend to protect. and prosecution; and b 1730 I recognize that some people may instinc- Whereas the University of Cambridge’s In- tively recoil at the idea of any bill that grants stitute of Criminology conducted a 12-month This comes on the heels of more any level of immunity to a foreign state when study on the use of body-worn cameras used widely known murders last year of Of- ownership of a work of art or other cultural ob- by law enforcement in the United Kingdom ficers Ramos and Liu in New York, who ject is at issue. and estimated that the cameras led to a 50 were reportedly targeted by a man But I would not support a bill that foreclosed percent reduction in use of force, and in ad- looking to kill a police officer. dition, complaints against police fell ap- all possibility of redress for such people. proximately by 90 percent: Now, therefore, It is clear that we must find a better And, H.R. 889 does not do that. be it way for our police and citizens to inter- It simply ensures that works that have al- Resolved, That the House of Representa- act both in everyday situations and ready been granted immunity from seizure by tives— when more difficult circumstances

VerDate Sep 11 2014 06:16 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.023 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3960 CONGRESSIONAL RECORD — HOUSE June 9, 2015 arise. In May, the Judiciary Committee tion and also applaud the work of our tance of the timing. It is time for com- held a very informative and productive law enforcement officers nationwide. prehensive policing and criminal jus- hearing on policing in the 21st Century, I reserve the balance of my time. tice reform. We are witnessing a sea where we looked at many of these Ms. JACKSON LEE. Mr. Speaker, I change unlike many others with sup- issues, including the use of body-worn yield myself such time as I may con- port for this great cause spanning the cameras by police officers. sume. ideological and party divide. We in the Body-worn cameras present an oppor- I rise today to support this resolution Judiciary Committee have spoken tunity to strengthen police and citi- and to thank my colleagues for putting about it and are finding common ways zens’ interactions, but there are many forward H. Res. 295, particularly Mr. to work together. issues surrounding the use of body- AL GREEN of Texas and Mr. CLAY and In the area of policing, the problems worn cameras that should be addressed Mr. CLEAVER—both of whom represent revealed by several of the more noto- by legislators, law enforcement, and the Missouri area—and a number of rious incidents involving the use of le- the general public before Congress or other Members who have joined in on thal force against unarmed citizens State legislatures mandate widespread sponsoring this legislation. have captured the attention of the Na- use of this technology. I like this because it is a kick-start tion over the past few months and dem- We must be cognizant of the cost and to what Members of Congress, Mr. onstrates a critical need for a national resources associated not just with out- Speaker, have been talking about, and response. fitting officers with body-worn cam- what we have talked about, criminal Law enforcement officers individ- eras, but with the regulations, train- justice reform. ually will indicate training is a key ing, and compliance associated with As we well know, we in the Judiciary element of this. Any response to these their use. We should also be aware of Committee are receiving information. tragic events must go hand in hand the costs and privacy implications as- We are listening to Members; we are with a holistic view of criminal justice sociated with storing the footage of obviously listening to Members who reform. It will do us no good to be able body-worn cameras. are committed and dedicated, and we to point at one group and not try to Police routinely interact with crime are committed to criminal justice re- help another, so I am very grateful victims, including minors, and mem- form. that my State, the State of Texas, has bers of the general public. Would all of This is the right kind of kick-start to contributed to this dialogue and most these interactions be recorded and be able to put on minds of individuals recently in grand jury reform. stored by law enforcement agencies? that we know that this effort of crimi- As I have joined with my colleagues For how long? Who would have access nal justice reform requires the commu- to acknowledge and celebrate law en- to this information? For instance, nication and cooperation of our law enforcement and encourage the move for- could it be obtained in a civil suit, a di- forcement officers and as well to recog- ward on criminal justice reform, I am vorce or custody case, or as part of a nize the vitality and the importance of grateful to again do it today, but we Freedom of Information Act request? communities who have argued Black should also look at a vast array of op- If an officer exercises his or her dis- lives matter—or they have just argued portunities. cretion to turn off a camera, it is pos- that lives matter, which they do. Sentencing and prison reform should sible the courts would impose an ad- Let me, first of all, join Mr. GOOD- be on our agenda. One such proposal verse inference against the government LATTE on acknowledging the tragedy of would give the Federal Bureau of Pris- if a defendant then argued that some- police shootings. Whether or not it was ons the discretion to release nonviolent thing improper happened while the the heinous shootings in New York on prisoners who served at least half of camera was not filming. The courts two occasions and probably more or their sentence, are 45 or more years could also impose an adverse inference whether or not it was a recent incident old, and who have not been disciplined if there is a technical or storage glitch in Houston, Texas, when a valiant offi- for a violent offense. This would not that interferes with taping or access to cer was mowed down by a fleeing felon, only alleviate some prison over- the video. or any number of incidents that have crowding, but it would dip into the $75 Society must also decide if it wants caught our men and women in the line billion that we are paying for incarcer- this technology recording us on a con- of fire—and their families have seen ation. stant basis. Last week, the President their service, their life, and their con- Congress should also look at the fact signed the House-passed USA FREE- tributions snuffed out by violence— in the Federal system that right now DOM Act into law, which ended bulk that is not something that we applaud we give 47 days for 54 days of good metadata collection by the NSA. and we certainly abhor. time. If we did one for one, it would be We should exercise caution before I believe the language in this resolu- an opportunity to save millions of dol- mandating use of a technology that has tion gives us the sense of Congress that lars, at least $41 million; and 4,000 per- the potential to gather and store infor- allows us to recognize all law enforce- sons would be able to be lifted who mation about Americans, many of ment agencies and officers, thanking would be able to be rehabilitated. them innocent civilians, based simply them for their tireless work to protect One of the more difficult parts of on a person’s interaction with a police us and make our communities safer, coming into the criminal justice sys- officer. and recognize the potential for the use tem is the journey of coming out of it. Body-worn police cameras can serve of body-worn cameras by on-duty law Where an individual has paid his or her an important purpose in improving enforcement officers, to improve com- debt, the process of reentering society interactions between law enforcement munity relations, increase trans- is paid with tremendous and often in- and the general public and be a valu- parency, and protect both citizens and surmountable obstacles. able source of evidence of wrongdoing; police. I have drafted legislation that will but we, as lawmakers and as a society, I will assure you that the Judiciary allow those with a criminal conviction must ensure that this technology is Committee will thoughtfully look at to have a fair chance to compete for used appropriately. legislation that fits squarely on the jobs with Federal agencies and contrac- We have achieved this before when framework of this taking into consider- tors. This ‘‘ban the box’’ measure addressing the use of police dashboard ation many concerns and encourages delays a potential employer’s inquiry cameras, but we must now do so again State and local law enforcement agen- into the applicant’s criminal history in a situation that is potentially much cies to consider the use of body-worn until later in the hiring process. Em- more intrusive. cameras, including policies and proto- ployers can still ask, but pushing the Several police departments have al- cols, to handle privacy, storage, and inquiry into a later stage in the proc- ready begun using body-worn cameras, other relevant issues. ess where you have seen whether this and various pilot programs are also un- I am glad those are recognized be- person is ready and able to have a job. derway. Their successes and pitfalls cause we are a country of laws, and we Again, this resolution speaks about will be instructive as we explore ex- recognize the civil liberties and civil our view and affection for our law en- panded use of this technology. rights of all citizens. forcement and adding more tools. Each I once again thank the gentleman As we discuss this legislation, how- of us have had wonderful experiences from Texas for his work on this resolu- ever, I want to emphasize the impor- with those men and women who serve.

VerDate Sep 11 2014 05:19 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.050 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3961 Mr. Speaker, the time for comprehensive Yet, we begin holding our young offenders ac- I also would like to thank the dean of policing and criminal justice reform has ar- countable as adults when they reach the age the House of Representatives, the Hon- rived. We are witnessing a sea shift unlike any of 18, 16, and sometimes even earlier. And orable JOHN CONYERS. He has been here others, with support for this great cause span- we send them off to what many describe as on so many occasions when legislation ning the ideological and party divide. ‘‘criminal college.’’ that is exceedingly important has been In the area of policing, the problems re- This is why I am developing legislation that passed upon and has been a voice, a vealed by several of the more notorious inci- will provide judges with new and different op- voice on all of these issues through the dents involving the use of lethal force against tions when a young offender comes before years. I am proud to say that I had an unarmed citizens has captured the attention of them. These options will give judges discretion opportunity to speak to him about this the nation over the past few months and dem- to tailor a punishment to that young offender’s legislation. onstrates the critical need for a national re- needs. Of course, I want to thank Mr. TED sponse. And, when sending a young offender to pris- POE of Texas. He and I came to Con- And any response to these tragic events on is necessary, my legislation will ensure that gress together, and we worked to- must go hand-in-hand with changes to the en- the Bureau of Prisons separates these young gether. This is a piece of legislation tirety of our criminal justice system. offenders out from the rest of the prison popu- that he was the first to sign onto, H. As a member of the House Judiciary Com- lation and provides specialized programs for Res. 295. mittee; as the ranking member of the Sub- their needs. This will put young offenders on Mr. EMANUEL CLEAVER of Missouri, committee on Crime, Terrorism, Homeland Se- a path for change, not one of crime. he and I have worked together to shep- curity, and Investigations; and as a Represent- It is not enough to improve the system of herd this from the very beginning, and ative from Houston, let me extend my thanks criminal justice, we must also address the un- he is still a part of it. He is not here to- to the Congressman from my home state of necessary loss of life that can result from po- night, but he is with us on this legisla- Texas for contributing to the discussion of this lice and civilian interactions. Reform must take tion. I am proud to say he is a friend, very important and timely issue. a step towards increasing trust between our and he has been a partner throughout Just as I have joined with him in Houston communities and law enforcement. the effort to bring this legislation to before—to acknowledge and celebrate law en- This is why I am developing legislation that the floor of the House. forcement and to encourage and move for- will provide law enforcement agencies with the Mr. LUETKEMEYER, he has been a ward criminal justice reform—I am grateful to funding and assistance to put in place the poli- friend in this; Mr. CLAY of Missouri; do so again today. cies, protocols, and training programs in ac- Mr. YODER of Kansas; and, of course, The very fact that this measure is on the cord with national accreditation standards. Ms. CLARKE of New York—all friends floor today is a great indicator that Congress But rebuilding the trust in this relationship and all supportive of this resolution. is ready for comprehensive criminal justice also requires greater transparency when gov- Mr. Speaker, this resolution, as has and policing reform. ernment responds to incidents involving the been indicated, is the beginning. I don’t This is why I am looking at reforms that will use of lethal force against unarmed citizens. see it as the end of a process. I see it as address all aspects of our criminal justice sys- This is why I have drafted legislation that more of a preamble with the Constitu- tem and drafting legislation accordingly. provides incentives and support for jurisdiction to follow. I see it as a lawyer One such proposal would give the Bureau tions to bring in an independent investigation might see an opening statement with of Prisons discretion to release nonviolent and prosecution team for an unbiased review the closing statement yet to come. prisoners who have served at least half their of such incidents. Of course, as a Christian, I see it as a sentence, are 45 or more years old, and who Mr. Speaker, I reserve the balance of part of Genesis, with many revelations have not been disciplined for violent conduct my time on this debate. yet to come. It is a good first step, and while in prison. Mr. GOODLATTE. Mr. Speaker, I re- it is a good step in the right direction. This would would not only alleviate some serve the balance of my time. I don’t see it as the end of the process, prison over-crowding, it would result in sub- Ms. JACKSON LEE. Mr. Speaker, it but I do want to commend and thank stantial cost savings by removing the expen- is my pleasure at this time to yield 5 those who have helped us to get to this sive medical care for older prisoners. minutes to the distinguished gen- point. By including a clarification of the federal tleman from Texas (Mr. AL GREEN), the I would cite now, if I may, a Justice prisoner good time credit law, the cost savings author of this legislation. Department report. This report styled of this proposal is even more significant. Con- Mr. AL GREEN of Texas. Mr. Speak- ‘‘Police Officer Body-Worn Cameras’’ gress intended for all federal prisoners to be er, it is always an honor to stand in the found that body-worn cameras ineligible for 54 days of good time credit, not 47 well of the House and have an oppor- creased transparency. People have the days as currently interpreted by the Federal tunity to advocate on behalf of the opportunity to see what actually took Bureau of Prisons. constituents of the Ninth Congres- place. It makes a difference because This small change—just one week per sional District. Today is no exception. this will increase police legitimacy. year—will not only reflect our original intent, it Mr. Speaker, I am honored to stand Officers don’t have to get into dis- will save at least $41 million annually. here in support of bipartisan legisla- putes about what actually occurred. One of the most difficult parts of coming into tion, legislation that encourages law The empirical evidence is there by way the criminal justice system is the journey of enforcement to use body cameras. This of the camera’s eye. coming out of it. legislation is legislation that I am It will improve citizen and police be- For an individual who has paid his or her proud to say has received a good deal of havior. Once the camera is on and once debt, the process of re-entering society is support and a good deal of consider- people know that it is on—that is both paved with tremendous, and often insurmount- ation and deliberation. citizens and police officers—their be- able, obstacles. I would like to thank the Speaker of havior tends to be adjusted such that I have drafted legislation that will allow the House, Mr. BOEHNER, for his assist- we get better results. those with a criminal conviction to have a fair ance in bringing this legislation for- It will improve effective prosecution. chance to compete for jobs with federal agen- ward. Of course, the Honorable NANCY This is evidence that can be introduced cies and contractors. This ‘‘ban-the-box’’ PELOSI must be given kudos as well. I into court. When it is introduced, it measure delays a potential employer’s inquiry thank her for allowing the legislation can help effectuate positive results. into the applicant’s criminal history until later in to come forward and assisting. Another study, a study from the Uni- the hiring process. The Democratic whip, Mr. HOYER, I versity of Cambridge, its Institute of Employers can still ask—but pushing the in- want to thank him because we had a Criminology, after a 12-month study, quiry until a later stage in the process allows conversation concerning this legisla- found a 50 percent reduction in the use applicants to get a foot in the door and be tion. Of course, the chairperson of the of force as a result of body cameras, a considered at the early stage on their merits Judiciary Committee, the Honorable 50 percent reduction in use of force, a alone. BOB GOODLATTE, he and I have had an 90 percent reduction in complaints Many studies, including one released by the opportunity to talk through this legis- against police officers as a result of Journal of Adolescent Health, demonstrate lation, and I am eternally grateful for body cameras being utilized. that the adolescent brain continues to develop the consideration that you have given, Of course, there is a final study that as young persons mature well into their 20s. sir, and I thank you. I will cite in Rialto, California. This

VerDate Sep 11 2014 06:16 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.026 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3962 CONGRESSIONAL RECORD — HOUSE June 9, 2015 report from Rialto, California, indi- Again, I note that this kick start will patrol supervisor shown in the video, on ad- cates that, after 1 year of use of body help us to look at comprehensive ministrative leave. cameras, there was a 60 percent reduc- criminal justice reform. It is the latest in a string of incidents of police using apparently excessive force tion in the use of force and an 88 per- Let me just add one last point on the against African Americans that has captured cent reduction in complaints against young offenders issue that may be public attention. And it took place at a com- police officers. somewhat similar to the video that has munal pool—where, for more than a century, The evidence is in. It is clear that now imploded across the airwaves of conflicts over race and class have often sur- these body cameras do provide an op- America in McKinney, Texas. One faced. portunity for us to have the trans- study dealing with young offenders or The video shows a foul-mouthed police cor- parency we need, for us to provide le- individual adolescents includes a re- poral telling the young men he encounters to gitimacy for both police officers and port by the Journal of Adolescent get down, and the young women to take off, although far more obscenely. When several citizenry but, more importantly, to re- Health which demonstrates that the seated young men appear to ask, politely, for duce the complaints that we see ema- adolescent brain continues to develop permission to leave, he explodes at them: nating from scenes that are disputed. as young persons mature well into ‘‘Don’t make me fucking run around here The SPEAKER pro tempore. The their twenties; yet we begin holding with thirty pounds of goddamn gear in the time of the gentleman has expired. our young offenders accountable as sun because you want to screw around out Ms. JACKSON LEE. I yield the gen- adults when they reach the age of 18 here.’’ The corporal was white. The young tleman an additional 2 minutes. and sometimes earlier, and we send people he detained were, almost without exception, black. b 1745 them off to what many describe as a The video next shows him repeatedly curs- criminal college. So I am hoping that Mr. AL GREEN of Texas. Mr. Speak- ing at a group of young women, telling them we will have legislation that can ad- to move on. Then he wrestles one to the er, as I indicated, we see a reduction in dress by science the concept, if you ground. As bystanders react in horror, and complaints. As we view the many inci- will, of how we treat those from 18 to several rush toward the young woman as if dents that have occurred around the 24. to her assistance, he draws his sidearm. They country, there is no question that This legislation allows us to build on flee. He returns to the teenager, wrestles her there is a divide. I believe that these policing and community trust. I am back down, forces her face into the ground, body cameras can span the chasm and places both knees on her back. looking forward to working with law The McKinney police said, in a statement, across the divide and make a difference enforcement agencies with the funding in the perception that we have in the that they were called to respond to the Craig and assistance to put in place the poli- Ranch North Community Pool for a report of way our police and our communities cies and protocols dealing with train- ‘‘a disturbance involving multiple juveniles interact with each other. ing, deescalation, accreditation. That at the location, who do not live in the area I am proud to be a sponsor, and I am is, of course, something that we hope or have permission to be there, refusing to proud to have the cosponsors that we to be working on with the full Judici- leave.’’ They added that additional calls re- have. I am proud that the chairperson ary Committee. ported fighting, and that when the crowd refused to comply with the first responding of- of the Judiciary Committee has signed There are some stark differences of onto this and that the ranking member ficers, nine additional units were deployed. treatment between two cities—the city The mayor, Brian Loughmiller, described of the Judiciary Committee is on of Charleston, South Carolina, where a himself as ‘‘disturbed and concerned,’’ and board. tragic incident occurred and where the the police chief vowed ‘‘a complete, and I want to thank my colleague from city responded immediately, and the thorough, investigation.’’ Houston, Texas, the Honorable SHEILA city of Cleveland, where a tragic inci- Like many flourishing American suburbs, JACKSON LEE, who has served on the dent occurred and where the city did McKinney has struggled with questions of Judiciary Committee for many, many equity and diversity. The city is among the not respond immediately. fastest-growing in America, and its residents years, and I am most appreciative that Then, this past weekend, we saw con- she, too, finds favor with this piece of hail from a wide range of backgrounds. For- fusing footage, I think, that dealt with mal, legal segregation is a thing of the past. legislation. I am honored that she is on teenagers at a pool party. We know Yet stark divides persist. the floor tonight to shepherd it that police were called. We know that In 2009, McKinney was forced to settle a through, and I pray that my colleagues this party was, really, a party of girls lawsuit alleging that it was blocking the de- all will support what I believe to be a who happened to be African American, velopment of affordable housing suitable for piece of legislation that can span the tenants with Section 8 vouchers in the more and we understand that some boys, who affluent western portion of the city. East of chasm between the police and the com- tend to like to find girls, came and munity in a most positive way. Highway 75, according to the lawsuit, may have caused somewhat of a dis- McKinney is 49 percent white; to its west, Mr. GOODLATTE. Mr. Speaker, I turbance. The reason I think it is im- McKinney is 86 percent white. The plaintiffs have no speakers remaining, and I am portant as we discuss this legislation is alleged that the city and its housing author- prepared to yield back. that the bill does indicate our appre- ity were ‘‘willing to negotiate for and pro- I reserve the balance of my time. ciation for law enforcement. My words vide low-income housing units in east Ms. JACKSON LEE. Mr. Speaker, I say that this will allow us to kick- McKinney, but not west McKinney, which yield myself such time as I may con- amounts to illegal racial steering.’’ start and look at issues where we can All three of the city’s public pools lie to sume as I am the final speaker. work together to get along. But as the First of all, I thank the gentleman the east of Highway 75. Craig Ranch, where video indicates, we see a scattering of the pool party took place, lies well to its from Texas for his very eloquent expla- young people, and we see a number of west. BuzzFeed reports that the fight broke nation of this legislation. Let me add foul-mouthed comments being made out when an adult woman told the teens to my appreciation as well to Chairman coming from one particular officer. go back to ‘‘Section 8 housing.’’ GOODLATTE, to Ranking Member CON- They are quotes I will not offer to re- Craig Ranch North is the oldest residential YERS, and to Chairman SENSEN- portion of a 2,200 acre master-planned com- peat on this floor. munity. ‘‘The neighborhood is made up of BRENNER. It is certainly my pleasure to I submit for the RECORD, Mr. Speak- manage and to work with this legisla- single-family homes,’’ says the developer’s er, an article from The Atlantic as, I website, ‘‘and includes a community center tion, in the purpose of this legislation. think, this is a testament to how we with two pools, a park and a playground.’’ I close with just a few points that I can work to avoid this kind of public Private developments like Craig Ranch now feel compelled to comment on. As I do incident. routinely include pools, often paid for by so, I am not giving all of the names of dues to homeowners’ associations, and gov- [From the Atlantic, June 8, 2015] those fallen. As I have indicated, we erned by their rules. But that, in itself, rep- tragically buried an HPD officer just a (By Yoni Appelbaum) resents a remarkable shift. couple of weeks ago and, of course, offi- On Friday, a large group of teens gathered At their inception, communal swimming cers in Mississippi, officers in New for a pool party in the city of McKinney, pools were public, egalitarian spaces. Most Texas. Shortly thereafter, someone called early public pools in America aimed more for Mexico, in Omaha, Nebraska, and in the police. And by Sunday night, as footage hygiene than relaxation, open on alternate Pennsylvania, among others. We recog- of the police response spread across the days to men and women. In the North, at nize that we are challenged and that internet, the McKinney Police Department least, they served bathers without regard for we must find that common ground. announced it was placing Eric Casebolt, the race. But in the 1920s, as public swimming

VerDate Sep 11 2014 05:19 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.052 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3963 pools proliferated, they became sites of lei- with fearful events. Running is the nat- ahead on a number of issues related to sure and recreation. Alarmed at the sight of ural instinct of most youth, and in this criminal justice reform. I urge my col- women and men of different races swimming case, the youth attempted to leave leagues to support the resolution. together, public officials moved to impose rigid segregation. when the police approached to disperse I yield back the balance of my time. As African Americans fought for desegre- the crowd. Then the police chased, The SPEAKER pro tempore. The gation in the 1950s, public pools became fre- shooting a Taser. When the officer con- question is on the motion offered by quent battlefields. In Marshall, Texas, for fronted the young girl with aggression, the gentleman from Virginia (Mr. example, in 1957, a young man backed by the other youth attempted to help her— GOODLATTE) that the House suspend NAACP sued to force the integration of a that is, teenagers—who were also the rules and agree to the resolution, brand-new swimming pool. When the judge threatened with force by the officers. H. Res. 295. made it clear the city would lose, citizens voted 1,758–89 to have the city sell all of its These children received mixed mes- The question was taken. recreational facilities rather than integrate sages. Establishing trusting relation- The SPEAKER pro tempore. In the them. The pool was sold to a local Lions’ ships between youth and police officers opinion of the Chair, two-thirds being Club, which was able to operate it as a is of the utmost responsibility. in the affirmative, the ayes have it. whites-only private facility. What I would say is that the outrage Ms. JACKSON LEE. Mr. Speaker, on The decisions of other communities were and the expressions of a community that I demand the yeas and nays. rarely so transparent, but the trend was un- and parents came about because we The yeas and nays were ordered. mistakable. Before 1950, Americans went swimming as often as they went to the mov- were not talking to each other, because The SPEAKER pro tempore. Pursu- ies, but they did so in public pools. There actions did not track what those young ant to clause 8 of rule XX, further pro- were relatively few club pools, and private people were doing in McKinney. They ceedings on this motion will be post- pools were markers of extraordinary wealth. were being teenagers. They were run- poned. Over the next half-century, though, the num- ning. They may have had the f ber of private in-ground pools increased from incidences of misbehavior, and, frank- roughly 2,500 to more than four million. The ly, they could have been handled in a RECESS declining cost of pool construction, improved technology, and suburbanization all played way that the misbehavior could have The SPEAKER pro tempore. Pursu- important roles. But then, so did desegrega- been addressed. ant to clause 12(a) of rule I, the Chair tion. As historian Jeff Wiltse argues in his Why now? declares the House in recess until ap- 2007 book, Contested Waters: A Social His- Again, I opened with the remarks proximately 6:30 p.m. today. tory of Swimming Pools in America: that we now have an opportunity to Although many whites abandoned deseg- Accordingly (at 5 o’clock and 54 min- kick-start this wonderful discussion of utes p.m.), the House stood in recess. regated public pools, most did not stop swim- criminal justice reform. Wonderful? ming. Instead, they built private pools, both Yes, because, in America, we are a na- f club and residential, and swam in them. . . . Suburbanites organized private club pools tion of civilians and law. The civilian b 1830 rather than fund public pools because club law enforcement is made up of those pools enabled them to control the class and who implement those laws, but the AFTER RECESS racial composition of swimmers, whereas Constitution reigns as well. I look for- The recess having expired, the House public pools did not. ward to working with the chairman was called to order by the Speaker pro Today, that complicated legacy persists and the ranking member and all of the across the United States. The public pools of tempore (Mr. WOMACK) at 6 o’clock and mid-century—with their sandy beaches, Members of this body and the Judici- 30 minutes p.m. ary Committee for a very constructive manicured lawns, and well-tended facilities— f are vanishingly rare. Those sorts of amen- journey on letting the American people ities are now generally found behind closed know that we hear their pain, that we COMMODITY END-USER RELIEF gates, funded by club fees or homeowners’ respect those who uphold the law, and ACT dues, and not by tax dollars. And they are that we are going to work construc- open to those who can afford to live in such The SPEAKER pro tempore. Pursu- tively to do that. ant to clause 8 of rule XX, the unfin- subdivisions, but not to their neighbors just I left Houston while talking to a po- down the road. ished business is the vote on passage of Whatever took place in McKinney on Fri- lice officer. I know he is not listening, the bill (H.R. 2289) to reauthorize the day, it occurred against this backdrop of the but let me just simply say thank you Commodity Futures Trading Commis- privatization of once-public facilities, giving for the service that you give. Hope- sion, to better protect futures cus- residents the expectation of control over who fully, he will hear this and will know sunbathes or doggie-paddles alongside them. tomers, to provide end-users with mar- that we are committed to working to- ket certainty, to make basic reforms to Even if some of the teens were residents, and gether in this Congress. I ask my col- others possessed valid guest passes, as some ensure transparency and account- leagues to support House Resolution insisted they did, the presence of ‘‘multiple ability at the Commission, to help juveniles . . . who do not live in the area’’ 295. farmers, ranchers, and end-users man- I yield back the balance of my time. clearly triggered alarm. Several adults at age risks, to help keep consumer costs Mr. GOODLATTE. Mr. Speaker, in the pool reportedly placed calls to the police. low, and for other purposes, on which And none of the adult residents shown in the closing, I want to thank the gentleman the yeas and nays were ordered. video appeared to manifest concern that the from Texas (Mr. AL GREEN) and the police response had gone too far, nor that its gentleman from Missouri (Mr. The Clerk read the title of the bill. The SPEAKER pro tempore. The violence was disproportionate to the alleged CLEAVER) for their hard work on this, offense. for coming to see me and others on our question is on the passage of the bill. To the contrary. Someone placed a sign by The vote was taken by electronic de- the pool on Sunday afternoon. It read, sim- side of the aisle about this important issue, and for working with us on get- vice, and there were—yeas 246, nays ply: ‘‘Thank you McKinney Police for keep- 171, not voting 15, as follows: ing us safe.’’ ting the language straight in this reso- Ms. JACKSON LEE. Mr. Speaker, lution in order to make sure that we [Roll No. 309] this is not dealing with a vast group of are properly encouraging this explo- YEAS—246 protesters, which, ultimately, did ration while also taking into account Abraham Black Carter (GA) occur in the last 24 hours in that area. the issues that arise with the use of Aderholt Blackburn Carter (TX) Allen Blum Chabot This is dealing with youngsters. Many body cameras. Amash Bost Chaffetz of us raise children and send them to I want to thank the ranking member Amodei Boustany Clawson (FL) pools and various camps, and we hope and the former chairman of the Judici- Ashford Brady (TX) Coffman Babin Brat Cole ary Committee, Mr. CONYERS, and the they will be well, but this is under- Barletta Bridenstine Collins (GA) standing the whole level of law en- ranking member of the subcommittee, Barr Brooks (AL) Collins (NY) forcement. Again, I believe it is time Ms. JACKSON LEE, for their work on Barton Brooks (IN) Comstock for the Congress to re-create the crimi- this as well. I also want to thank all of Benishek Buchanan Conaway Bilirakis Bucshon Cook nal justice system. the staff involved. Bishop (GA) Burgess Costa Juveniles are naturally fearful of au- This is an important issue, and it Bishop (MI) Byrne Costello (PA) thority and lack maturity when faced will help to inform us as we move Bishop (UT) Calvert Cramer

VerDate Sep 11 2014 06:16 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.037 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3964 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Crawford Joyce Roe (TN) Kuster Nolan Serrano Re Unofficial Results—First Congressional Crenshaw Katko Rogers (AL) Langevin Norcross Sewell (AL) Special Runoff Election Cuellar Kelly (PA) Rogers (KY) Larsen (WA) O’Rourke Sherman Culberson King (IA) Rohrabacher Larson (CT) Pallone Sires KAREN L. HAAS, Curbelo (FL) King (NY) Rokita Lawrence Pascrell Slaughter House of Representatives, Davis, Rodney Kinzinger (IL) Rooney (FL) Lee Payne Smith (WA) Washington, DC. Levin Pelosi Denham Kline Ros-Lehtinen Speier DEAR MS. HAAS, Per your request, enclosed Lewis Perlmutter Dent Knight Roskam Swalwell (CA) please find a copy of unofficial results for DeSantis Labrador Lieu, Ted Peters Ross Takai the Special Runoff Election held on Tuesday, DesJarlais LaMalfa Rothfus Lipinski Peterson Takano Loebsack Pingree June 2, 2015, for Representative in Congress Diaz-Balart Lance Rouzer Thompson (CA) Lofgren Pocan from the First Congressional District of Mis- Dold Latta Royce Thompson (MS) Donovan LoBiondo Lowenthal Polis Russell Titus sissippi. To the best of our knowledge and Duffy Long Lowey Price (NC) Ryan (WI) Tonko belief at this time, there is no challenge to Duncan (SC) Loudermilk Luja´ n, Ben Ray Quigley this election. The State of Mississippi does Salmon (NM) Rangel Torres Ellmers (NC) Love not require nor receive ‘‘unofficial results’’ Emmer (MN) Lucas Sanford Lynch Rice (NY) Tsongas Farenthold Luetkemeyer Scalise Maloney, Sean Richmond Van Hollen from all counties and, at this time, we have Fitzpatrick MacArthur Schrader Matsui Roybal-Allard Veasey only received unofficial results from four (4) Fleischmann Marchant Schweikert McCollum Ruiz Vela counties. The attached numbers were ob- Fleming Marino Scott, Austin McDermott Ruppersberger Vela´ zquez tained through The Daily Journal, Tupelo, Flores Massie Scott, David McGovern Rush Visclosky Mississippi. The outcome of the election does Sensenbrenner Walz Forbes McCarthy McNerney Ryan (OH) not appear in doubt and we anticipate Mr. Sessions Meeks Sa´ nchez, Linda Wasserman Fortenberry McCaul Trent Kelly will be certified. Foxx McClintock Shimkus Meng T. Schultz Franks (AZ) McHenry Shuster Moore Sanchez, Loretta Waters, Maxine The deadline for counties included in the Frelinghuysen McKinley Simpson Moulton Sarbanes Watson Coleman First Congressional District to transmit cer- Garrett McMorris Sinema Nadler Schakowsky Welch tified election results to our office is 5:00 Gibbs Rodgers Smith (MO) Napolitano Schiff Wilson (FL) p.m. on June 12, 2015. As soon as the official Gibson McSally Smith (NE) Neal Scott (VA) Yarmuth results are certified to this office by all Gohmert Meadows Smith (NJ) Goodlatte Meehan Smith (TX) NOT VOTING—15 counties involved, an official Certificate of Election will be prepared for transmittal as Gosar Messer Stefanik Adams Doggett Lummis Gowdy Mica Stewart Bass Duncan (TN) Maloney, required by law. Graham Miller (FL) Stivers Buck Fincher Carolyn If you have any questions or need addi- Granger Miller (MI) Stutzman Ca´ rdenas Lamborn Vargas tional information, please call Kim Turner, Graves (GA) Moolenaar Thompson (PA) Cleaver Lujan Grisham Woodall Assistant Secretary of State at (601) 359–5137 Graves (LA) Mooney (WV) Thornberry DeFazio (NM) Graves (MO) Mullin Tiberi or Amanda Frusha, Director of Elections Griffith Mulvaney Tipton Compliance at (601) 359–5213. Grothman Murphy (FL) Trott b 1857 Sincerely, Guinta Murphy (PA) Turner C. DELBERT HOSEMANN, Jr., Guthrie Neugebauer Upton Messrs. CARNEY, HUFFMAN, CUM- Mississippi Secretary of State. Hanna Newhouse Valadao MINGS, Ms. PELOSI, Mr. VEASEY, Hardy Noem Wagner and Mrs. BEATTY changed their vote Harper Nugent Walberg f Harris Nunes Walden from ‘‘yea’’ to ‘‘nay.’’ Hartzler Olson Walker Messrs. GIBSON, DUNCAN of South Heck (NV) Palazzo SWEARING IN OF THE HONORABLE Walorski Hensarling Palmer Carolina, and COSTA changed their Walters, Mimi TRENT KELLY, OF MISSISSIPPI, Herrera Beutler Paulsen vote from ‘‘nay’’ to ‘‘yea.’’ Weber (TX) AS A MEMBER OF THE HOUSE Hice, Jody B. Pearce Webster (FL) So the bill was passed. Hill Perry Mr. THOMPSON of Mississippi. Mr. Holding Pittenger Wenstrup The result of the vote was announced Hudson Pitts Westerman as above recorded. Speaker, I ask unanimous consent that Huelskamp Poe (TX) Westmoreland the gentleman from Mississippi, the Whitfield A motion to reconsider was laid on Huizenga (MI) Poliquin Honorable TRENT KELLY, be permitted Hultgren Pompeo Williams the table. Wilson (SC) to take the oath of office today. Hunter Posey Stated against: Hurd (TX) Price, Tom Wittman His certificate of election has not ar- Hurt (VA) Ratcliffe Womack Ms. MICHELLE LUJAN GRISHAM of New rived, but there is no contest and no Issa Reed Yoder Mexico. Mr. Speaker, on rollcall No. 309, had Jenkins (KS) Reichert Yoho question has been raised with regard to Jenkins (WV) Renacci Young (AK) I been present, I would have voted ‘‘no.’’ his election. Johnson (OH) Ribble Young (IA) The SPEAKER. Is there objection to Johnson, Sam Rice (SC) Young (IN) f Jolly Rigell Zeldin the request of the gentleman from Mis- Jordan Roby Zinke sissippi? COMMUNICATION FROM THE There was no objection. NAYS—171 CLERK OF THE HOUSE Aguilar Conyers Garamendi The SPEAKER. Will the Representa- Beatty Cooper Grayson The SPEAKER laid before the House tive-elect and the members of the Mis- Becerra Courtney Green, Al the following communication from the sissippi delegation present themselves Bera Crowley Green, Gene Clerk of the House of Representatives: in the well. Beyer Cummings Grijalva Blumenauer Davis (CA) Gutie´rrez OFFICE OF THE CLERK, All Members will rise and the Rep- Bonamici Davis, Danny Hahn HOUSE OF REPRESENTATIVES, resentative-elect will please raise his Washington, DC, June 4, 2015. Boyle, Brendan DeGette Hastings right hand. F. Delaney Heck (WA) Hon. JOHN BOEHNER, Brady (PA) DeLauro Higgins The Speaker, House of Representatives, Mr. KELLY of Mississippi appeared Brown (FL) DelBene Himes Washington, DC. at the bar of the House and took the Brownley (CA) DeSaulnier Hinojosa Bustos Deutch Honda DEAR MR. SPEAKER: I have the honor to oath of office, as follows: transmit herewith a facsimile copy of a let- Butterfield Dingell Hoyer Do you solemnly swear that you will sup- ter received from The Honorable C. Delbert Capps Doyle, Michael Huffman port and defend the Constitution of the Capuano F. Israel Hosemann, Jr., Mississippi Secretary of United States against all enemies, foreign Carney Duckworth Jackson Lee State, indicating that, according to the pre- and domestic; that you will bear true faith Carson (IN) Edwards Jeffries liminary results of the Special Election held and allegiance to the same; that you take Cartwright Ellison Johnson (GA) June 2, 2015, the Honorable Trent Kelly was Castor (FL) Engel Johnson, E. B. this obligation freely, without any mental elected Representative to Congress for the Castro (TX) Eshoo Jones reservation or purpose of evasion; and that First Congressional District, State of Mis- Chu, Judy Esty Kaptur you will well and faithfully discharge the du- sissippi. Cicilline Farr Keating ties of the office on which you are about to Clark (MA) Fattah Kelly (IL) With best wishes, I am enter, so help you God. Clarke (NY) Foster Kennedy Sincerely, Clay Frankel (FL) Kildee KAREN L. HAAS, The SPEAKER. Congratulations, you Clyburn Fudge Kilmer Cohen Gabbard Kind Clerk. are now a Member of the 114th Con- Connolly Gallego Kirkpatrick Enclosure. gress.

VerDate Sep 11 2014 05:19 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.032 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3965 WELCOMING THE HONORABLE ANNOUNCEMENT BY THE SPEAKER The Clerk will redesignate the TRENT KELLY TO THE HOUSE OF The SPEAKER. Under clause 5(d) of amendment. REPRESENTATIVES rule XX, the Chair announces to the The Clerk redesignated the amend- The SPEAKER. Without objection, House that, in light of the administra- ment. the gentleman from Mississippi (Mr. tion of the oath to the gentleman from RECORDED VOTE THOMPSON) is recognized for 1 minute. Mississippi, the whole number of the The Acting CHAIR. A recorded vote There was no objection. House is 434. has been demanded. Mr. THOMPSON of Mississippi. Mr. f A recorded vote was ordered. Speaker, friends and colleagues, I have The Acting CHAIR. This will be a 2- the honor of welcoming the new rep- TRANSPORTATION, HOUSING AND minute vote. resentative from Mississippi’s First URBAN DEVELOPMENT, AND RE- The vote was taken by electronic de- Congressional District. For me, that LATED AGENCIES APPROPRIA- vice, and there were—ayes 163, noes 259, means he will be representing the TIONS ACT, 2016 not voting 11, as follows: neighboring district in the northeast The SPEAKER pro tempore (Mr. [Roll No. 310] corner of the State, which most of you EMMER of Minnesota). Pursuant to AYES—163 are familiar with; but also, for others, House Resolution 287 and rule XVIII, this means that he will be representing Allen Guinta Palazzo the Chair declares the House in the Amash Guthrie Palmer the birthplace of Elvis Presley. Committee of the Whole House on the Babin Hardy Paulsen TRENT KELLY is from the little- state of the Union for the further con- Barr Harper Pearce known town of Saltillo, Mississippi. sideration of the bill, H.R. 2577. Barton Harris Perry The local folk call it Salt-illo, popu- Bilirakis Hartzler Pittenger Will the gentleman from North Caro- Bishop (MI) Hensarling Pitts lation 3,393. He knows the district well, lina (Mr. HOLDING) kindly take the Bishop (UT) Hice, Jody B. Poe (TX) having served as district attorney for chair. Black Hill Poliquin the largest judicial district in that Blackburn Holding Polis Blum Hudson area. Representative KELLY has also b 1907 Pompeo Brady (TX) Huelskamp Price, Tom IN THE COMMITTEE OF THE WHOLE served in our Nation’s military and has Brat Huizenga (MI) Ratcliffe spent 29 years in the Mississippi Na- Accordingly, the House resolved Bridenstine Hultgren Ribble tional Guard. itself into the Committee of the Whole Brooks (AL) Hunter Rice (SC) Brooks (IN) Hurd (TX) Roe (TN) Representative KELLY will be serving House on the state of the Union for the Buchanan Hurt (VA) Rogers (AL) out the term of our dear former col- Bucshon Issa further consideration of the bill (H.R. Rohrabacher Burgess Jenkins (KS) league Alan Nunnelee, who passed 2577) making appropriations for the De- Rokita Byrne Johnson (OH) away in February. As he steps into his Rothfus partments of Transportation, and Carter (GA) Johnson, Sam Rouzer seat, we hope that he will follow Alan’s Housing and Urban Development, and Carter (TX) Jones Royce example of service and dedication to Chabot Jordan related agencies for the fiscal year end- Russell the people of Mississippi. ing September 30, 2016, and for other Chaffetz Kelly (MS) Clawson (FL) King (IA) Ryan (WI) Our colleague GREGG HARPER will purposes, with Mr. HOLDING (Acting Coffman Kline Salmon now join me in welcoming our friend Chair) in the chair. Collins (GA) Knight Sanford from Lee County, Mississippi. Collins (NY) Labrador Scalise The Clerk read the title of the bill. Schweikert Mr. HARPER. Mr. Speaker, it is my The Acting CHAIR. When the Com- Conaway LaMalfa Cook Lance Scott, Austin great honor and pleasure to welcome mittee of the Whole rose on Thursday, Cooper Latta Sensenbrenner the newest Member of this body, Con- June 4, 2015, an amendment offered by Crawford Long Sessions gressman TRENT KELLY. Culberson Loudermilk Shuster the gentlewoman from Connecticut Smith (MO) I am confident that TRENT KELLY DeSantis Love (Ms. ESTY) had been disposed of, and DesJarlais Lucas Smith (NE) will carry on the legacy of his prede- the bill had been read through page 156, Duffy Lummis Smith (TX) cessor, our late colleague, Representa- line 15. Duncan (SC) Marchant Stewart Farenthold Massie Stutzman tive Alan Nunnelee, one of impeccable ANNOUNCEMENT BY THE ACTING CHAIR constituent services and an unyielding Fleischmann McCarthy Thornberry The Acting CHAIR. Pursuant to Fleming McCaul Upton commitment to this country and her clause 6 of rule XVIII, proceedings will Flores McClintock Wagner Walberg citizens. now resume on those amendments on Forbes McHenry I look forward to working with Rep- Foxx McMorris Walker which further proceedings were post- Walorski resentative KELLY as he serves the Franks (AZ) Rodgers poned, in the following order: Garrett Meadows Walters, Mimi First Congressional District and the Amendment No. 7 by Mrs. BLACKBURN Gibbs Messer Weber (TX) people of the great State of Mississippi. Gohmert Mica Wenstrup of Tennessee. Congressman, I am so honored to Goodlatte Miller (FL) Westerman Amendment by Mr. GOSAR of Ari- stand here and welcome you to the Gosar Miller (MI) Williams zona. Gowdy Moolenaar Wilson (SC) floor of the House of Representatives. Amendment by Mr. GOSAR of Ari- Graves (GA) Mooney (WV) Wittman TRENT KELLY. Graves (LA) Mulvaney Yoho Mr. KELLY of Mississippi. Mr. zona. Graves (MO) Murphy (PA) Young (IA) Amendment by Mr. POSEY of Florida. Speaker, I thank Congressman THOMP- Griffith Neugebauer Young (IN) Amendment by Mr. SESSIONS of Grothman Olson Zinke SON, Congressman HARPER, and the rest of the Mississippi delegation; and, most Texas. NOES—259 Amendment by Mr. SESSIONS of importantly, thank you, God. Abraham Bustos Costello (PA) I would also like to thank Senator Texas. Aderholt Butterfield Courtney Amendment by Mr. SCHIFF of Cali- Aguilar Calvert Cramer WICKER and Senator COCHRAN, who are fornia. Amodei Capps Crenshaw present. Ashford Capuano Crowley Thank you to my family, which Amendment by Mr. POSEY of Florida. Barletta Carney Cuellar would include my mother and my wife Amendment by Mr. POSEY of Florida. Bass Carson (IN) Cummings and my three children and my brother, The Chair will reduce to 2 minutes Beatty Cartwright Curbelo (FL) the time of any electronic vote in this Becerra Castor (FL) Davis (CA) who cannot be here. Benishek Castro (TX) Davis, Danny Thank you to my friends who are in series. Bera Chu, Judy Davis, Rodney the gallery above. AMENDMENT NO. 7 OFFERED BY MRS. Beyer Cicilline DeGette Thank you to the citizens of the BLACKBURN Bishop (GA) Clark (MA) Delaney Blumenauer Clarke (NY) DeLauro First Congressional District of Mis- The Acting CHAIR. The unfinished Bonamici Clay DelBene sissippi and to my fellow Members. business is the demand for a recorded Bost Clyburn Denham I am humbled and honored to be able vote on the amendment offered by the Boustany Cohen Dent gentlewoman from Tennessee (Mrs. Boyle, Brendan Cole DeSaulnier to serve this great Nation in this ca- F. Comstock Deutch pacity. BLACKBURN) on which further pro- Brady (PA) Connolly Diaz-Balart Thank you, and God bless you, each ceedings were postponed and on which Brown (FL) Conyers Dingell and every one. the noes prevailed by voice vote. Brownley (CA) Costa Dold

VerDate Sep 11 2014 06:16 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.059 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3966 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Donovan Lee Ross The Clerk redesignated the amend- Bera Green, Gene Payne Doyle, Michael Levin Roybal-Allard ment. Beyer Grijalva Pelosi F. Lewis Ruiz Bishop (GA) Gutie´rrez Perlmutter Duckworth Lieu, Ted Ruppersberger RECORDED VOTE Blumenauer Hahn Peters Edwards Lipinski Rush The Acting CHAIR. A recorded vote Bonamici Hastings Peterson Ellison LoBiondo Ryan (OH) Boyle, Brendan Heck (WA) Pingree Ellmers (NC) Loebsack Sa´ nchez, Linda has been demanded. F. Higgins Pocan Emmer (MN) Lofgren T. A recorded vote was ordered. Brady (PA) Himes Polis Engel Lowenthal Brown (FL) Hinojosa Sanchez, Loretta The Acting CHAIR. This will be a 2- Price (NC) Eshoo Lowey Sarbanes Brownley (CA) Honda Quigley Esty Luetkemeyer Bustos Hoyer Schakowsky minute vote. Rangel Farr Lujan Grisham Butterfield Huffman Schiff The vote was taken by electronic de- Rice (NY) Fattah (NM) Capps Israel Schrader Richmond Fitzpatrick Luja´ n, Ben Ray vice, and there were—ayes 229, noes 193, Capuano Jackson Lee Scott (VA) Ros-Lehtinen Fortenberry (NM) not voting 11, as follows: Carney Jeffries Scott, David Roybal-Allard Foster Lynch [Roll No. 311] Carson (IN) Johnson (GA) Frankel (FL) MacArthur Serrano Cartwright Johnson, E. B. Ruiz Frelinghuysen Maloney, Sean Sewell (AL) AYES—229 Castor (FL) Kaptur Ruppersberger Fudge Marino Sherman Castro (TX) Keating Rush Abraham Guinta Paulsen Gabbard Matsui Shimkus Chu, Judy Kelly (IL) Ryan (OH) Aderholt Guthrie Pearce Gallego McCollum Simpson Cicilline Kennedy Sa´ nchez, Linda Allen Hanna Perry Garamendi McDermott Sinema Clark (MA) Kildee T. Amash Hardy Pittenger Gibson McGovern Sires Clarke (NY) Kilmer Sanchez, Loretta Babin Harper Pitts Graham McKinley Slaughter Clay Kind Sarbanes Barletta Harris Poe (TX) Granger McNerney Smith (NJ) Clyburn Kirkpatrick Schakowsky Barr Hartzler Poliquin Grayson McSally Smith (WA) Cohen Kuster Schiff Barton Heck (NV) Green, Al Meehan Speier Pompeo Connolly Langevin Schrader Benishek Hensarling Green, Gene Meeks Stefanik Posey Conyers Larsen (WA) Scott (VA) Bilirakis Herrera Beutler Price, Tom Grijalva Meng Stivers Cooper Larson (CT) Scott, David Bishop (MI) Hice, Jody B. Gutie´rrez Moore Swalwell (CA) Ratcliffe Costa Lawrence Bishop (UT) Hill Sensenbrenner Hahn Moulton Takai Reed Courtney Lee Black Holding Serrano Hanna Mullin Reichert Crowley Levin Takano Blackburn Hudson Sewell (AL) Hastings Murphy (FL) Renacci Cuellar Lewis Thompson (CA) Blum Huelskamp Sherman Heck (NV) Nadler Ribble Cummings Lieu, Ted Thompson (MS) Bost Huizenga (MI) Sinema Heck (WA) Napolitano Rice (SC) Curbelo (FL) Lipinski Thompson (PA) Boustany Hultgren Sires Herrera Beutler Neal Rigell Davis (CA) LoBiondo Tiberi Brady (TX) Hunter Slaughter Higgins Newhouse Roby Davis, Danny Loebsack Tipton Brat Hurd (TX) Smith (WA) Himes Noem Roe (TN) Davis, Rodney Lofgren Titus Bridenstine Hurt (VA) Speier Hinojosa Nolan Rogers (AL) DeGette Lowenthal Tonko Brooks (AL) Issa Swalwell (CA) Honda Norcross Rogers (KY) Delaney Lowey Torres Brooks (IN) Jenkins (KS) Takai Hoyer Nugent Rohrabacher DeLauro Lujan Grisham Trott Buchanan Jenkins (WV) Takano Huffman Nunes Rokita DelBene (NM) Tsongas Bucshon Johnson (OH) Thompson (CA) Israel O’Rourke Rooney (FL) DeSaulnier Luja´ n, Ben Ray Turner Burgess Johnson, Sam Thompson (MS) Jackson Lee Pallone Roskam Deutch (NM) Valadao Byrne Jolly Thompson (PA) Jeffries Pascrell Ross Dingell Lynch Van Hollen Calvert Jones Titus Jenkins (WV) Payne Rothfus Dold Maloney, Sean Vargas Carter (GA) Jordan Tonko Johnson (GA) Pelosi Rouzer Doyle, Michael Matsui Veasey Carter (TX) Joyce Torres Johnson, E. B. Perlmutter Royce F. McCollum Vela Chabot Katko Jolly Peters Russell Duckworth McDermott Tsongas Vela´ zquez Chaffetz Kelly (MS) Joyce Peterson Ryan (WI) Edwards McGovern Upton Clawson (FL) Kelly (PA) Kaptur Pingree Visclosky Salmon Ellison McNerney Van Hollen Coffman King (IA) Katko Pocan Walden Sanford Engel Meadows Vargas Cole King (NY) Keating Posey Walz Scalise Eshoo Meeks Veasey Collins (GA) Kinzinger (IL) Kelly (IL) Price (NC) Wasserman Schweikert Esty Meng Vela Collins (NY) Kline Kelly (PA) Quigley Schultz Scott, Austin Farr Moore Vela´ zquez Comstock Knight Kennedy Rangel Waters, Maxine Sessions Fattah Moulton Visclosky Conaway Labrador Kildee Reed Watson Coleman Shimkus Foster Murphy (FL) Walz Cook LaMalfa Kilmer Reichert Webster (FL) Shuster Frankel (FL) Nadler Wasserman Costello (PA) Lance Kind Renacci Welch Simpson Fudge Napolitano Schultz Cramer Latta King (NY) Rice (NY) Westmoreland Smith (MO) Gabbard Neal Waters, Maxine Crawford Long Kinzinger (IL) Richmond Whitfield Gallego Nolan Watson Coleman Crenshaw Loudermilk Smith (NE) Kirkpatrick Rigell Wilson (FL) Garamendi Norcross Welch Culberson Love Smith (NJ) Kuster Roby Womack Graham O’Rourke Wilson (FL) Denham Lucas Smith (TX) Langevin Rogers (KY) Yarmuth Grayson Pallone Yarmuth Dent Luetkemeyer Stefanik Larsen (WA) Rooney (FL) Yoder Green, Al Pascrell Young (AK) DeSantis Lummis Stewart Larson (CT) Ros-Lehtinen Young (AK) DesJarlais MacArthur Stivers Lawrence Roskam Zeldin NOT VOTING—11 Diaz-Balart Marchant Stutzman Thornberry Adams DeFazio Lamborn NOT VOTING—11 Donovan Marino Duffy Massie Tiberi Buck Doggett Maloney, ´ Adams DeFazio Lamborn Duncan (SC) McCarthy Tipton Cardenas Duncan (TN) Carolyn Buck Doggett Maloney, Ellmers (NC) McCaul Trott Cleaver Fincher Woodall Ca´ rdenas Duncan (TN) Carolyn Turner Emmer (MN) McClintock ANNOUNCEMENT BY THE ACTING CHAIR Cleaver Fincher Woodall Farenthold McHenry Valadao Wagner The Acting CHAIR (during the vote). ANNOUNCEMENT BY THE ACTING CHAIR Fitzpatrick McKinley Fleischmann McMorris Walberg There is 1 minute remaining. The Acting CHAIR (during the vote). Fleming Rodgers Walden There is 1 minute remaining. Flores McSally Walker b 1916 Forbes Meehan Walorski Mr. SERRANO changed his vote from b 1911 Fortenberry Messer Walters, Mimi Foxx Mica Weber (TX) ‘‘aye’’ to ‘‘no.’’ Mr. BARR changed his vote from Franks (AZ) Miller (FL) Webster (FL) Mr. MEEHAN changed his vote from ‘‘no’’ to ‘‘aye.’’ Frelinghuysen Miller (MI) Wenstrup ‘‘no’’ to ‘‘aye.’’ So the amendment was rejected. Garrett Moolenaar Westerman Gibbs Mooney (WV) Westmoreland So the amendment was agreed to. The result of the vote was announced Gibson Mullin Whitfield The result of the vote was announced as above recorded. Gohmert Mulvaney Williams as above recorded. Goodlatte Murphy (PA) Wilson (SC) AMENDMENT OFFERED BY MR. GOSAR AMENDMENT OFFERED BY MR GOSAR Gosar Neugebauer Wittman . The Acting CHAIR. The unfinished Gowdy Newhouse Womack The Acting CHAIR. The unfinished business is the demand for a recorded Granger Noem Yoder business is the demand for a recorded vote on the amendment offered by the Graves (GA) Nugent Yoho Graves (LA) Nunes Young (IA) vote on the amendment offered by the gentleman from Arizona (Mr. GOSAR) Graves (MO) Olson Young (IN) gentleman from Arizona (Mr. GOSAR) on which further proceedings were Griffith Palazzo Zeldin on which further proceedings were postponed and on which the noes pre- Grothman Palmer Zinke postponed and on which the noes prevailed by voice vote. NOES—193 vailed by voice vote. The Clerk will redesignate the Aguilar Ashford Beatty The Clerk will redesignate the amendment. Amodei Bass Becerra amendment.

VerDate Sep 11 2014 05:19 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.034 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3967 The Clerk redesignated the amend- Graves (MO) Lynch Rush RECORDED VOTE ment. Grayson MacArthur Ryan (OH) Green, Al Maloney, Sean Sa´ nchez, Linda The Acting CHAIR. A recorded vote RECORDED VOTE Green, Gene Marino T. has been demanded. Griffith Matsui Sanchez, Loretta A recorded vote was ordered. The Acting CHAIR. A recorded vote Grijalva McCarthy Sarbanes has been demanded. Guthrie McCollum Schakowsky The Acting CHAIR. This will be a 2- A recorded vote was ordered. Gutie´rrez McDermott Schiff minute vote. Hahn McGovern Schrader The vote was taken by electronic de- The Acting CHAIR. This will be a 2- Hanna McKinley Scott (VA) vice, and there were—ayes 163, noes 260, minute vote. Hastings McMorris Scott, David The vote was taken by electronic de- Heck (WA) Rodgers Sensenbrenner not voting 10, as follows: Herrera Beutler McNerney vice, and there were—ayes 136, noes 286, Serrano [Roll No. 313] Higgins McSally Sewell (AL) not voting 11, as follows: Hill Meehan Sherman AYES—163 Himes Meeks [Roll No. 312] Shimkus Abraham Guinta Palmer Hinojosa Meng Shuster Aderholt Guthrie Paulsen AYES—136 Honda Miller (MI) Simpson Allen Hartzler Pearce Hoyer Mooney (WV) Abraham Hardy Palmer Sinema Amash Hensarling Perry Huffman Moore Aderholt Harper Pearce Sires Babin Herrera Beutler Hultgren Moulton Pittenger Allen Harris Slaughter Barr Hice, Jody B. Perry Hurt (VA) Murphy (FL) Pitts Amash Hartzler Smith (NE) Barton Hill Poe (TX) Israel Nadler Poe (TX) Babin Heck (NV) Smith (NJ) Benishek Holding Pompeo Jackson Lee Napolitano Poliquin Barr Hensarling Smith (WA) Bilirakis Hudson Posey Jeffries Neal Pompeo Barton Hice, Jody B. Speier Bishop (MI) Huelskamp Price, Tom Jenkins (WV) Newhouse Posey Benishek Holding Stefanik Bishop (UT) Huizenga (MI) Ratcliffe Johnson (GA) Noem Price, Tom Bilirakis Hudson Swalwell (CA) Black Hultgren Renacci Johnson, E. B. Nolan Ratcliffe Bishop (MI) Huelskamp Takai Blackburn Hunter Rice (SC) Jolly Norcross Renacci Bishop (UT) Huizenga (MI) Takano Blum Hurt (VA) Roe (TN) Joyce Nugent Ribble Black Hunter Thompson (CA) Boustany Issa Rogers (AL) Kaptur O’Rourke Roby Blackburn Hurd (TX) Thompson (MS) Brady (TX) Jenkins (KS) Katko Pallone Roe (TN) Boustany Issa Rohrabacher Thornberry Brat Johnson (OH) Keating Pascrell Rooney (FL) Brady (TX) Jenkins (KS) Rooney (FL) Bridenstine Johnson, Sam Kelly (IL) Paulsen Tiberi Roskam Brat Johnson (OH) Ross Brooks (AL) Jones Kelly (PA) Payne Titus Rothfus Bridenstine Johnson, Sam Russell Brooks (IN) Jordan Kennedy Pelosi Tonko Royce Brooks (AL) Jones Ryan (WI) Burgess Kelly (MS) Kildee Perlmutter Torres Russell Byrne Jordan Salmon Carter (GA) King (IA) Kilmer Peters Trott Ryan (WI) Carter (GA) Kelly (MS) Sanford Chabot Kline Kind Peterson Tsongas Salmon Carter (TX) King (IA) Scalise Chaffetz Knight King (NY) Pingree Turner Sanford Chabot Labrador Schweikert Clawson (FL) Labrador Kinzinger (IL) Pittenger Upton Schweikert Chaffetz LaMalfa Scott, Austin Coffman LaMalfa Kirkpatrick Pitts Valadao Scott, Austin Clawson (FL) Latta Sessions Cole Latta Kline Pocan Van Hollen Coffman Long Collins (GA) Long Sensenbrenner Smith (MO) Knight Poliquin Vargas Collins (GA) Loudermilk Collins (NY) Loudermilk Sessions Smith (TX) Kuster Polis Veasey Conaway Love Conaway Love Smith (MO) Stewart Lance Price (NC) Vela Cook Luetkemeyer Cook Luetkemeyer Smith (NE) Stivers Langevin Quigley Vela´ zquez DeSantis Lummis Costello (PA) Lummis Smith (TX) Stutzman Larsen (WA) Rangel Visclosky DesJarlais Marchant Cramer Marchant Stewart Thompson (PA) Larson (CT) Reed Walden Duffy Massie Crawford Massie Stutzman Tipton Lawrence Reichert Walorski Duncan (SC) McCaul Culberson McCarthy Tipton Wagner Lee Ribble Walters, Mimi Ellmers (NC) McClintock Dent McCaul Trott Walberg Levin Rice (NY) Walz Emmer (MN) McHenry DeSantis McClintock Wagner Walker Lewis Richmond Wasserman Fleischmann Meadows DesJarlais McHenry Walberg Lieu, Ted Rigell Schultz Fleming Messer Weber (TX) Duffy McKinley Walden Lipinski Roby Waters, Maxine Flores Mica Webster (FL) Duncan (SC) McMorris Walker LoBiondo Rogers (KY) Watson Coleman Franks (AZ) Miller (FL) Wenstrup Ellmers (NC) Rodgers Walters, Mimi Loebsack Rokita Welch Gibbs Moolenaar Westerman Emmer (MN) McSally Weber (TX) Lofgren Ros-Lehtinen Whitfield Gohmert Mullin Westmoreland Fleming Meadows Webster (FL) Lowenthal Roskam Wilson (FL) Gosar Mulvaney Williams Flores Messer Wenstrup Lowey Rothfus Wittman Gowdy Murphy (PA) Wilson (SC) Forbes Miller (FL) Westerman Lucas Rouzer Womack Graves (GA) Neugebauer Yoder Franks (AZ) Miller (MI) Westmoreland Lujan Grisham Roybal-Allard Yarmuth Graves (LA) Nunes Yoho Garrett Mooney (WV) Williams (NM) Royce Young (AK) Grothman Olson Young (IN) Gibbs Mullin Wilson (SC) Luja´ n, Ben Ray Ruiz Young (IA) Guinta Palazzo Zinke Gohmert Mulvaney Wittman (NM) Ruppersberger Zeldin Goodlatte Murphy (FL) Womack NOES—286 NOT VOTING—11 Gosar Neugebauer Yoho Aguilar Chu, Judy DeSaulnier Gowdy Noem Young (AK) Adams DeFazio Lamborn Amodei Cicilline Deutch Graves (GA) Nugent Young (IA) Buck Duncan (TN) Maloney, Ashford Clark (MA) Diaz-Balart Griffith Nunes Young (IN) Ca´ rdenas Fincher Carolyn Barletta Clarke (NY) Dingell Grothman Olson Zinke Cleaver Granger Woodall Bass Clay Doggett Beatty Clyburn Dold NOES—260 ANNOUNCEMENT BY THE ACTING CHAIR Becerra Cohen Donovan Aguilar Carson (IN) Delaney Bera Cole Doyle, Michael The Acting CHAIR (during the vote). Amodei Carter (TX) DeLauro Beyer Collins (NY) F. There is 1 minute remaining. Ashford Cartwright DelBene Bishop (GA) Comstock Duckworth Barletta Castor (FL) Denham Blum Connolly Edwards Bass Castro (TX) DeSaulnier Blumenauer Conyers Ellison b 1919 Beatty Chu, Judy Deutch Bonamici Cooper Engel Becerra Cicilline Diaz-Balart Bost Costa Eshoo So the amendment was rejected. Bera Clark (MA) Dingell Boyle, Brendan Costello (PA) Esty The result of the vote was announced Beyer Clarke (NY) Doggett F. Courtney Farenthold Bishop (GA) Clay Dold Brady (PA) Cramer Farr as above recorded. Blumenauer Clyburn Donovan Brooks (IN) Crawford Fattah AMENDMENT OFFERED BY MR. POSEY Bonamici Cohen Doyle, Michael Brown (FL) Crenshaw Fitzpatrick Bost Comstock F. Brownley (CA) Crowley Forbes The Acting CHAIR. The unfinished Boyle, Brendan Connolly Duckworth Buchanan Cuellar Fortenberry business is the demand for a recorded F. Conyers Edwards Bucshon Culberson Foster vote on the amendment offered by the Brady (PA) Cooper Ellison Burgess Cummings Foxx Brown (FL) Costa Engel Bustos Curbelo (FL) Frankel (FL) gentleman from Florida (Mr. POSEY) on Brownley (CA) Courtney Eshoo Butterfield Davis (CA) Frelinghuysen which further proceedings were post- Buchanan Crenshaw Esty Calvert Davis, Danny Fudge poned and on which the noes prevailed Bucshon Crowley Farenthold Capps Davis, Rodney Gabbard Bustos Cuellar Farr Capuano DeGette Gallego by voice vote. Butterfield Cummings Fattah Carney Delaney Garamendi The Clerk will redesignate the Byrne Curbelo (FL) Fitzpatrick Carson (IN) DeLauro Garrett amendment. Calvert Davis (CA) Fleischmann Cartwright DelBene Gibson Capps Davis, Danny Fortenberry Castor (FL) Denham Goodlatte The Clerk redesignated the amend- Capuano Davis, Rodney Foster Castro (TX) Dent Graham ment. Carney DeGette Foxx

VerDate Sep 11 2014 05:19 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.064 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3968 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Frankel (FL) LoBiondo Ruiz A recorded vote was ordered. DelBene Kilmer Rice (NY) Frelinghuysen Loebsack Ruppersberger Denham Kind Richmond Fudge Lofgren Rush The Acting CHAIR. This will be a 2- DeSaulnier King (NY) Ros-Lehtinen Gabbard Lowenthal Ryan (OH) minute vote. Deutch Kirkpatrick Roybal-Allard Gallego Lowey Sa´ nchez, Linda The vote was taken by electronic de- Dingell Kuster Ruiz Garamendi Lucas T. vice, and there were—ayes 205, noes 218, Doggett Lance Ruppersberger Gibson Lujan Grisham Sanchez, Loretta Dold Langevin Rush Graham (NM) Sarbanes not voting 10, as follows: Donovan Larsen (WA) Ryan (OH) ´ Granger Lujan, Ben Ray Scalise [Roll No. 314] Doyle, Michael Larson (CT) Sa´ nchez, Linda Graves (LA) (NM) Schakowsky F. Lawrence T. Graves (MO) Lynch Schiff AYES—205 Duckworth Lee Sanchez, Loretta Grayson MacArthur Edwards Levin Schrader Abraham Hardy Perry Sarbanes Green, Al Maloney, Sean Ellison Lewis Scott (VA) Aderholt Harris Pittenger Schakowsky Green, Gene Marino Engel Lieu, Ted Scott, David Allen Hartzler Pitts Schiff Grijalva Matsui Eshoo Lipinski Serrano Amash Heck (NV) Poe (TX) Schrader Gutie´rrez McCollum Esty LoBiondo Sewell (AL) Amodei Hensarling Poliquin Scott (VA) Hahn McDermott Farr Loebsack Sherman Babin Herrera Beutler Scott, David Hanna McGovern Pompeo Fattah Lofgren Shimkus Barletta Hice, Jody B. Serrano Hardy McNerney Posey Fitzpatrick Lowenthal Shuster Barr Hill Sewell (AL) Harper Meehan Price, Tom Fortenberry Lowey Simpson Barton Holding Sherman Harris Meeks Ratcliffe Foster Lujan Grisham Sinema Benishek Hudson Shuster Hastings Meng Reichert Frankel (FL) (NM) Sires Bilirakis Huelskamp Sinema Heck (NV) Mica Renacci Frelinghuysen Luja´ n, Ben Ray Slaughter Bishop (MI) Huizenga (MI) Sires Heck (WA) Moolenaar Ribble Fudge (NM) Smith (NJ) Bishop (UT) Hultgren Slaughter Higgins Moore Rice (SC) Gabbard Lynch Smith (WA) Black Hunter Smith (NJ) Himes Moulton Rigell Gallego Maloney, Sean Speier Blackburn Hurd (TX) Hinojosa Murphy (PA) Roby Garamendi Matsui Smith (WA) Stefanik Blum Hurt (VA) Honda Nadler Roe (TN) Gibson McCollum Speier Stivers Brady (TX) Issa Hoyer Napolitano Rogers (AL) Graham McDermott Stefanik Swalwell (CA) Brat Jenkins (KS) Huffman Neal Rogers (KY) Grayson McGovern Swalwell (CA) Takai Bridenstine Johnson (OH) Hurd (TX) Newhouse Rohrabacher Green, Al McKinley Takai Brooks (AL) Johnson, Sam Israel Nolan Takano Rokita Green, Gene McNerney Takano Brooks (IN) Jolly Jackson Lee Norcross Thompson (CA) Rooney (FL) Grijalva Meeks Thompson (CA) Buchanan Jones Jeffries O’Rourke Thompson (MS) Roskam Gutie´rrez Meng Thompson (MS) Bucshon Jordan Jenkins (WV) Palazzo Thompson (PA) Ross Hahn Moore Thompson (PA) Burgess Kelly (MS) Johnson (GA) Pallone Thornberry Rothfus Hanna Moulton Titus Byrne Kelly (PA) Johnson, E. B. Pascrell Tiberi Rouzer Harper Murphy (FL) Tonko Calvert King (IA) Jolly Payne Titus Royce Hastings Murphy (PA) Torres Carter (GA) Kinzinger (IL) Joyce Pelosi Tonko Russell Heck (WA) Nadler Tsongas Carter (TX) Kline Kaptur Perlmutter Torres Ryan (WI) Higgins Napolitano Turner Chabot Knight Katko Peters Tsongas Salmon Himes Neal Van Hollen Chaffetz Labrador Keating Peterson Turner Sanford Hinojosa Nolan Vargas Clawson (FL) LaMalfa Kelly (IL) Pingree Upton Scalise Honda Norcross Veasey Coffman Latta Kelly (PA) Pocan Valadao Schweikert Hoyer O’Rourke Vela Collins (GA) Long Kennedy Polis Van Hollen Scott, Austin Huffman Pallone Vela´ zquez Collins (NY) Loudermilk Kildee Price (NC) Vargas Sensenbrenner Israel Pascrell Visclosky Conaway Love Kilmer Quigley Veasey Sessions Jackson Lee Payne Walz Cook Lucas Kind Rangel Vela Shimkus Jeffries Pelosi Wasserman Costello (PA) Luetkemeyer King (NY) Reed Vela´ zquez Simpson Jenkins (WV) Perlmutter Schultz Crawford Lummis Kinzinger (IL) Reichert Visclosky Smith (MO) Johnson (GA) Peters Waters, Maxine Crenshaw MacArthur Kirkpatrick Rice (NY) Walorski Johnson, E. B. Peterson Watson Coleman Culberson Marchant Smith (NE) Kuster Rice (SC) Walz Joyce Pingree Welch Dent Marino Smith (TX) Lance Richmond Wasserman Kaptur Pocan Westerman DeSantis Massie Stewart Langevin Rigell Schultz Katko Polis Wilson (FL) DesJarlais McCarthy Stivers Larsen (WA) Rogers (AL) Waters, Maxine Keating Price (NC) Womack Diaz-Balart McCaul Stutzman Larson (CT) Rogers (KY) Watson Coleman Kelly (IL) Quigley Yarmuth Duffy McClintock Thornberry Lawrence Rohrabacher Welch Kennedy Rangel Zeldin Duncan (SC) McHenry Tiberi Lee Rokita Whitfield Kildee Reed Zinke Ellmers (NC) McMorris Tipton Levin Ros-Lehtinen Wilson (FL) Emmer (MN) Rodgers Trott Lewis Ross Yarmuth NOT VOTING—10 Farenthold McSally Upton Lieu, Ted Rouzer Yoder Fleischmann Meadows Valadao Adams DeFazio Maloney, Lipinski Roybal-Allard Zeldin Fleming Meehan Wagner Buck Duncan (TN) Carolyn NOT VOTING—10 Flores Messer Walberg Ca´ rdenas Fincher Woodall Forbes Mica Walden Cleaver Lamborn Adams DeFazio Maloney, Foxx Miller (FL) Walker Buck Duncan (TN) ANNOUNCEMENT BY THE ACTING CHAIR Carolyn Franks (AZ) Miller (MI) Walorski Ca´ rdenas Fincher Woodall Garrett Moolenaar Walters, Mimi The Acting CHAIR (during the vote). Cleaver Lamborn Gibbs Mooney (WV) Weber (TX) There is 1 minute remaining. ANNOUNCEMENT BY THE ACTING CHAIR Gohmert Mullin Webster (FL) The Acting CHAIR (during the vote). Goodlatte Mulvaney Wenstrup Gosar Neugebauer Westmoreland b 1926 There is 1 minute remaining. Gowdy Newhouse Whitfield Williams So the amendment was rejected. b 1923 Granger Noem Graves (GA) Nugent Wilson (SC) The result of the vote was announced Mr. COLE changed his vote from Graves (LA) Nunes Wittman as above recorded. Graves (MO) Olson Yoder ‘‘no’’ to ‘‘aye.’’ AMENDMENT OFFERED BY MR. SESSIONS So the amendment was rejected. Griffith Palazzo Yoho Grothman Palmer Young (AK) The Acting CHAIR. The unfinished The result of the vote was announced Guinta Paulsen Young (IA) as above recorded. Guthrie Pearce Young (IN) business is the demand for a recorded vote on the amendment offered by the AMENDMENT OFFERED BY MR. SESSIONS NOES—218 The Acting CHAIR. The unfinished gentleman from Texas (Mr. SESSIONS) Aguilar Bustos Comstock business is the demand for a recorded on which further proceedings were Ashford Butterfield Connolly postponed and on which the ayes pre- vote on the amendment offered by the Bass Capps Conyers vailed by voice vote. gentleman from Texas (Mr. SESSIONS) Beatty Capuano Cooper on which further proceedings were Becerra Carney Costa The Clerk will redesignate the Bera Carson (IN) Courtney amendment. postponed and on which the ayes pre- Beyer Cartwright Cramer vailed by voice vote. Bishop (GA) Castor (FL) Crowley The Clerk redesignated the amend- The Clerk will redesignate the Blumenauer Castro (TX) Cuellar ment. Bonamici Chu, Judy Cummings RECORDED VOTE amendment. Bost Cicilline Curbelo (FL) The Clerk redesignated the amend- Boustany Clark (MA) Davis (CA) The Acting CHAIR. A recorded vote ment. Boyle, Brendan Clarke (NY) Davis, Danny has been demanded. RECORDED VOTE F. Clay Davis, Rodney A recorded vote was ordered. Brady (PA) Clyburn DeGette The Acting CHAIR. A recorded vote Brown (FL) Cohen Delaney The Acting CHAIR. This will be a 2- has been demanded. Brownley (CA) Cole DeLauro minute vote.

VerDate Sep 11 2014 05:22 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.048 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3969 The vote was taken by electronic de- Gibson Lofgren Rush [Roll No. 316] Graham Lowenthal Ryan (OH) vice, and there were—ayes 186, noes 237, Grayson Lowey Sa´ nchez, Linda AYES—157 not voting 10, as follows: Green, Al Lucas T. Aguilar Gallego Napolitano [Roll No. 315] Green, Gene Lujan Grisham Sanchez, Loretta Ashford Garamendi Newhouse Griffith (NM) Sarbanes Bass Grayson Nolan AYES—186 Grijalva Luja´ n, Ben Ray Schakowsky Beatty Green, Gene Norcross Grothman Abraham Guthrie Perry (NM) Schiff Becerra Gutie´rrez O’Rourke Gutie´rrez Lynch Schrader Aderholt Hardy Pittenger Beyer Hahn Pallone Hahn MacArthur Scott (VA) Allen Harris Poe (TX) Bishop (GA) Hastings Pascrell Hanna Maloney, Sean Scott, David Amash Heck (NV) Poliquin Blum Heck (WA) Payne Harper Matsui Serrano Babin Hensarling Pompeo Blumenauer Higgins Pelosi Barr Herrera Beutler Hartzler McCollum Sewell (AL) Bonamici Himes Peters Posey Hastings McDermott Sherman Barton Hice, Jody B. Price, Tom Boyle, Brendan Hinojosa Peterson Heck (WA) McGovern Shimkus F. Honda Pocan Benishek Hill Ratcliffe Higgins McKinley Shuster Brooks (AL) Hoyer Polis Bilirakis Holding Renacci Himes McNerney Sinema Brownley (CA) Huffman Price (NC) Bishop (MI) Hudson Ribble Bishop (UT) Huelskamp Hinojosa Meeks Sires Bustos Israel Quigley Rice (SC) Black Huizenga (MI) Honda Meng Slaughter Butterfield Jackson Lee Rangel Rigell Blackburn Hultgren Hoyer Moolenaar Smith (NJ) Capps Jeffries Richmond Roby Blum Hunter Huffman Moore Smith (WA) Capuano Jones Roybal-Allard Roe (TN) Brady (TX) Hurd (TX) Israel Moulton Speier Carney Jordan Ruiz Brat Hurt (VA) Rogers (AL) Jackson Lee Murphy (FL) Stefanik Castor (FL) Kaptur Rush Bridenstine Issa Rogers (KY) Jeffries Murphy (PA) Swalwell (CA) Castro (TX) Keating Ryan (OH) Brooks (AL) Johnson (OH) Rohrabacher Jenkins (KS) Nadler Takai Chu, Judy Kelly (IL) Sa´ nchez, Linda Brooks (IN) Johnson, Sam Rokita Jenkins (WV) Napolitano Takano Cicilline Kennedy T. Buchanan Jolly Rooney (FL) Johnson (GA) Neal Thompson (CA) Clark (MA) Kildee Sanchez, Loretta Bucshon Jones Roskam Johnson, E. B. Nolan Thompson (MS) Clay Kilmer Sarbanes Burgess Jordan Rouzer Joyce Norcross Thompson (PA) Clyburn Kind Schakowsky Byrne Kelly (MS) Royce Kaptur O’Rourke Titus Connolly Kirkpatrick Schiff Carter (GA) King (IA) Russell Katko Pallone Tonko Conyers Kuster Scott (VA) Carter (TX) Kline Ryan (WI) Keating Pascrell Torres Cooper Langevin Scott, David Chabot Knight Salmon Kelly (IL) Payne Tsongas Courtney Larson (CT) Sensenbrenner Kelly (PA) Chaffetz Labrador Sanford Pelosi Turner Crowley Lee Serrano Kennedy Perlmutter Upton Clawson (FL) LaMalfa Scalise Culberson Levin Sewell (AL) Kildee Peters Van Hollen Coffman Latta Schweikert Davis (CA) Lieu, Ted Sherman Kilmer Peterson Vargas Collins (GA) Long Scott, Austin Davis, Danny Loebsack Sinema Kind Pingree Veasey Collins (NY) Loudermilk Sensenbrenner DeGette Lofgren Slaughter King (NY) Pitts Vela Conaway Love Sessions Delaney Lowenthal Smith (WA) Kinzinger (IL) Pocan Vela´ zquez Cook Luetkemeyer Simpson DeLauro Lowey Speier Costello (PA) Lummis Kirkpatrick Polis Visclosky DelBene Lujan Grisham Swalwell (CA) Smith (MO) Kuster Price (NC) Walden Crawford Marchant Smith (NE) DeSaulnier (NM) Takano Lance Quigley Walz ´ Crenshaw Marino Smith (TX) Deutch Lujan, Ben Ray Thompson (CA) Langevin Rangel Wasserman Dingell (NM) Culberson Massie Stewart Thompson (MS) Larsen (WA) Reed Schultz Doggett Lummis Tonko Dent McCarthy Stivers Larson (CT) Reichert Waters, Maxine Duncan (SC) Lynch Tsongas DeSantis McCaul Stutzman Lawrence Rice (NY) Watson Coleman Edwards Massie Van Hollen DesJarlais McClintock Thornberry Lee Richmond Welch Ellison Matsui Vargas Diaz-Balart McHenry Tiberi Duffy McMorris Levin Ros-Lehtinen Westerman Engel McCollum Vela´ zquez Tipton Duncan (SC) Rodgers Lewis Ross Whitfield Eshoo McDermott Visclosky Trott Ellmers (NC) McSally Lieu, Ted Rothfus Wilson (FL) Esty McGovern Walz Valadao Emmer (MN) Meadows Lipinski Roybal-Allard Yarmuth Farr McNerney Wasserman Wagner Farenthold Meehan LoBiondo Ruiz Zeldin Foster Meeks Schultz Walberg Fleischmann Messer Loebsack Ruppersberger Zinke Frankel (FL) Meng Welch Walker Fleming Mica NOT VOTING—10 Franks (AZ) Moulton Whitfield Flores Miller (FL) Walorski Fudge Murphy (FL) Yoho Forbes Miller (MI) Walters, Mimi Adams DeFazio Maloney, Gabbard Nadler Zeldin Foxx Mooney (WV) Weber (TX) Buck Duncan (TN) Carolyn ´ Franks (AZ) Mullin Webster (FL) Cardenas Fincher Woodall NOES—266 Wenstrup Cleaver Lamborn Garrett Mulvaney Abraham Collins (GA) Gohmert Westmoreland Gibbs Neugebauer ANNOUNCEMENT BY THE ACTING CHAIR Aderholt Collins (NY) Goodlatte Williams Gohmert Newhouse Allen Comstock Gosar Wilson (SC) The Acting CHAIR (during the vote). Goodlatte Noem Amash Conaway Gowdy Wittman Gosar Nugent There is 1 minute remaining. Amodei Cook Graham Gowdy Nunes Womack b 1930 Babin Costa Granger Granger Olson Yoder Barletta Costello (PA) Graves (GA) Graves (GA) Palazzo Yoho Mrs. BROOKS of Indiana changed her Barr Cramer Graves (LA) Young (AK) Graves (LA) Palmer vote from ‘‘no’’ to ‘‘aye.’’ Barton Crawford Graves (MO) Graves (MO) Paulsen Young (IA) Benishek Crenshaw Green, Al Guinta Pearce Young (IN) So the amendment was rejected. Bera Cuellar Griffith The result of the vote was announced Bilirakis Cummings Grijalva NOES—237 as above recorded. Bishop (MI) Curbelo (FL) Grothman Aguilar Castor (FL) DelBene Bishop (UT) Davis, Rodney Guinta AMENDMENT OFFERED BY MR. SCHIFF Amodei Castro (TX) Denham Black Denham Guthrie Ashford Chu, Judy DeSaulnier The Acting CHAIR. The unfinished Blackburn Dent Hanna Barletta Cicilline Deutch business is the demand for a recorded Bost DeSantis Hardy Bass Clark (MA) Dingell vote on the amendment offered by the Boustany DesJarlais Harper Beatty Clarke (NY) Doggett Brady (PA) Diaz-Balart Harris Becerra Clay Dold gentleman from California (Mr. SCHIFF) Brady (TX) Dold Hartzler Bera Clyburn Donovan on which further proceedings were Brat Donovan Heck (NV) Beyer Cohen Doyle, Michael postponed and on which the noes pre- Bridenstine Doyle, Michael Hensarling Bishop (GA) Cole F. vailed by voice vote. Brooks (IN) F. Herrera Beutler Blumenauer Comstock Duckworth Brown (FL) Duckworth Hice, Jody B. Bonamici Connolly Edwards The Clerk will redesignate the Buchanan Duffy Hill Bost Conyers Ellison amendment. Bucshon Ellmers (NC) Holding Boustany Cooper Engel The Clerk redesignated the amend- Burgess Emmer (MN) Hudson Boyle, Brendan Costa Eshoo ment. Byrne Farenthold Huelskamp F. Courtney Esty Calvert Fattah Huizenga (MI) Brady (PA) Cramer Farr RECORDED VOTE Carson (IN) Fitzpatrick Hultgren Brown (FL) Crowley Fattah The Acting CHAIR. A recorded vote Carter (GA) Fleischmann Hunter Brownley (CA) Cuellar Fitzpatrick has been demanded. Carter (TX) Fleming Hurd (TX) Bustos Cummings Fortenberry Cartwright Flores Hurt (VA) Butterfield Curbelo (FL) Foster A recorded vote was ordered. Chabot Forbes Issa Calvert Davis (CA) Frankel (FL) The Acting CHAIR. This is a 2- Chaffetz Fortenberry Jenkins (KS) Capps Davis, Danny Frelinghuysen minute vote. Clarke (NY) Foxx Jenkins (WV) Capuano Davis, Rodney Fudge The vote was taken by electronic de- Clawson (FL) Frelinghuysen Johnson (GA) Carney DeGette Gabbard Coffman Garrett Johnson (OH) Carson (IN) Delaney Gallego vice, and there were—ayes 157, noes 266, Cohen Gibbs Johnson, E. B. Cartwright DeLauro Garamendi not voting 10, as follows: Cole Gibson Johnson, Sam

VerDate Sep 11 2014 05:22 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.070 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3970 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Jolly Noem Shuster [Roll No. 317] Joyce Moore Scott (VA) Joyce Nugent Simpson Kaptur Moulton Scott, David Katko Nunes Sires AYES—148 Katko Murphy (PA) Serrano Kelly (MS) Olson Smith (MO) Abraham Holding Poe (TX) Keating Nadler Sessions Kelly (PA) Palazzo Smith (NE) Allen Hudson Poliquin Kelly (IL) Napolitano Sewell (AL) King (IA) Palmer Smith (NJ) Amash Huelskamp Pompeo Kelly (PA) Neal Sherman King (NY) Paulsen Smith (TX) Babin Huizenga (MI) Posey Kennedy Newhouse Shimkus Kinzinger (IL) Pearce Kildee Nolan Shuster Stefanik Barr Hunter Price, Tom Kline Perlmutter Kilmer Norcross Simpson Stewart Barton Hurt (VA) Ratcliffe Knight Perry Kind Nunes Sinema Stivers Benishek Issa Renacci Labrador Pingree Stutzman Bilirakis Jenkins (KS) King (NY) O’Rourke Sires LaMalfa Pittenger Rice (SC) Kinzinger (IL) Palazzo Slaughter Takai Bishop (MI) Johnson (OH) Lance Pitts Roe (TN) Kirkpatrick Pallone Smith (NJ) Thompson (PA) Bishop (UT) Johnson, Sam Rohrabacher Larsen (WA) Poe (TX) Black Jones Kuster Pascrell Smith (WA) Thornberry Rooney (FL) Latta Poliquin Blackburn Jordan Lance Payne Speier Tiberi Rothfus Lawrence Pompeo Blum Kelly (MS) Langevin Pelosi Stefanik Tipton Rouzer Lewis Posey Boustany King (IA) Larsen (WA) Perlmutter Stivers Titus Royce Lipinski Price, Tom Brady (TX) Kline Larson (CT) Peters Swalwell (CA) Torres LoBiondo Ratcliffe Brat Knight Russell Lawrence Peterson Takai Trott Long Reed Bridenstine Labrador Ryan (WI) Lee Pingree Takano Turner Loudermilk Reichert Brooks (AL) LaMalfa Salmon Levin Pocan Thompson (CA) Love Renacci Upton Brooks (IN) Latta Sanford Lewis Polis Thompson (MS) Lucas Ribble Valadao Burgess LoBiondo Scalise Lieu, Ted Price (NC) Thompson (PA) Luetkemeyer Rice (NY) Veasey Carter (GA) Long Schweikert Lipinski Quigley Thornberry MacArthur Rice (SC) Vela Chabot Loudermilk Scott, Austin Loebsack Rangel Tiberi Maloney, Sean Rigell Wagner Chaffetz Love Sensenbrenner Lofgren Reed Titus Marchant Roby Walberg Clawson (FL) Luetkemeyer Smith (MO) Lowenthal Reichert Tonko Marino Roe (TN) Walden Coffman Lummis Smith (NE) Lowey Ribble Torres McCarthy Rogers (AL) Walker Collins (GA) Marchant Smith (TX) Lucas Rice (NY) Tsongas McCaul Rogers (KY) Walorski Collins (NY) Massie Stewart Lujan Grisham Richmond Turner McClintock Rohrabacher Walters, Mimi Conaway McCarthy Stutzman (NM) Rigell Upton McHenry Rokita Luja´ n, Ben Ray Roby Valadao Waters, Maxine Cook McCaul Tipton McKinley Rooney (FL) (NM) Rogers (AL) Van Hollen Watson Coleman Crawford McClintock Trott McMorris Ros-Lehtinen Lynch Rogers (KY) Vargas Weber (TX) DeSantis McHenry Wagner Rodgers Roskam MacArthur Rokita Veasey Webster (FL) DesJarlais Meadows Walberg McSally Ross Maloney, Sean Ros-Lehtinen Vela Wenstrup Duffy Messer Meadows Rothfus Walden Marino Roskam Vela´ zquez Westerman Duncan (SC) Miller (FL) Meehan Rouzer Walker Matsui Ross Visclosky Westmoreland Ellmers (NC) Miller (MI) Walorski Messer Royce Emmer (MN) Moolenaar McCollum Roybal-Allard Walz Williams Walters, Mimi Mica Ruppersberger Fleming Mooney (WV) McDermott Ruiz Wasserman Wilson (FL) Weber (TX) Miller (FL) Russell Flores Mullin McGovern Ruppersberger Schultz Wilson (SC) Webster (FL) Miller (MI) Ryan (WI) Franks (AZ) Mulvaney McKinley Rush Waters, Maxine Wittman Moolenaar Salmon Garrett Murphy (FL) Wenstrup McMorris Ryan (OH) Watson Coleman Womack Mooney (WV) Sanford Gohmert Neugebauer Westerman Rodgers Sa´ nchez, Linda Welch Yarmuth Moore Scalise Gosar Noem Westmoreland McNerney T. Whitfield Yoder Mullin Schrader Gowdy Nugent Williams McSally Sanchez, Loretta Wilson (FL) Mulvaney Schweikert Young (AK) Graves (GA) Olson Wilson (SC) Meehan Sarbanes Wittman Murphy (PA) Scott, Austin Young (IA) Guinta Palmer Womack Meeks Schakowsky Yarmuth Neal Sessions Young (IN) Guthrie Paulsen Yoder Meng Schiff Zeldin Neugebauer Shimkus Zinke Hartzler Pearce Yoho Mica Schrader Zinke NOT VOTING—10 Hensarling Perry Young (AK) Hice, Jody B. Pittenger Young (IA) NOT VOTING—10 Adams DeFazio Maloney, Hill Pitts Young (IN) Adams DeFazio Maloney, Buck Duncan (TN) Carolyn Buck Duncan (TN) Carolyn Ca´ rdenas Fincher Woodall NOES—275 Ca´ rdenas Fincher Woodall Cleaver Lamborn Cleaver Lamborn Aderholt Cooper Frankel (FL) ANNOUNCEMENT BY THE ACTING CHAIR Aguilar Costa Frelinghuysen ANNOUNCEMENT BY THE ACTING CHAIR Amodei Costello (PA) Fudge The Acting CHAIR (during the vote). Ashford Courtney Gabbard The Acting CHAIR (during the vote). There is 1 minute remaining. Barletta Cramer Gallego There is 1 minute remaining. Bass Crenshaw Garamendi Beatty Crowley Gibbs b 1934 Becerra Cuellar Gibson b 1939 Bera Culberson Goodlatte Messrs. CONYERS, JORDAN, and Beyer Cummings Graham Mr. FORBES changed his vote from ´ GUTIERREZ changed their vote from Bishop (GA) Curbelo (FL) Granger ‘‘aye’’ to ‘‘no.’’ Blumenauer Davis (CA) Graves (LA) ‘‘no’’ to ‘‘aye.’’ So the amendment was rejected. So the amendment was rejected. Bonamici Davis, Danny Graves (MO) Bost Davis, Rodney Grayson The result of the vote was announced The result of the vote was announced Boyle, Brendan DeGette Green, Al as above recorded. as above recorded. F. Delaney Green, Gene Brady (PA) DeLauro Griffith AMENDMENT OFFERED BY MR. POSEY AMENDMENT OFFERED BY MR. POSEY Brown (FL) DelBene Grijalva The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Brownley (CA) Denham Grothman business is the demand for a recorded business is the demand for a recorded Buchanan Dent Gutie´rrez Bucshon DeSaulnier Hahn vote on the amendment offered by the vote on the amendment offered by the Bustos Deutch Hanna gentleman from Florida (Mr. POSEY) on gentleman from Florida (Mr. POSEY) on Butterfield Diaz-Balart Hardy which further proceedings were post- which further proceedings were post- Byrne Dingell Harper poned and on which the noes prevailed poned and on which the ayes prevailed Calvert Doggett Harris Capps Dold Hastings by voice vote. by voice vote. Capuano Donovan Heck (NV) The Clerk will redesignate the The Clerk will redesignate the Carney Doyle, Michael Heck (WA) amendment. Carson (IN) F. Herrera Beutler amendment. Carter (TX) Duckworth Higgins The Clerk redesignated the amend- The Clerk redesignated the amend- Cartwright Edwards Himes ment. Castor (FL) Ellison Hinojosa ment. Castro (TX) Engel Honda RECORDED VOTE RECORDED VOTE Chu, Judy Eshoo Hoyer The Acting CHAIR. A recorded vote Cicilline Esty Huffman The Acting CHAIR. A recorded vote has been demanded. Clark (MA) Farenthold Hultgren has been demanded. A recorded vote was ordered. Clarke (NY) Farr Hurd (TX) A recorded vote was ordered. Clay Fattah Israel The Acting CHAIR. This is a 2- Clyburn Fitzpatrick Jackson Lee The Acting CHAIR. This is a 2- minute vote. Cohen Fleischmann Jeffries minute vote. The vote was taken by electronic de- Cole Forbes Jenkins (WV) The vote was taken by electronic de- Comstock Fortenberry Johnson (GA) vice, and there were—ayes 148, noes 275, Connolly Foster Johnson, E. B. vice, and there were—ayes 134, noes 287, not voting 10, as follows: Conyers Foxx Jolly not voting 12, as follows:

VerDate Sep 11 2014 05:22 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.039 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3971 [Roll No. 318] Labrador Palazzo Shuster b 1945 Lance Pallone Simpson AYES—134 Langevin Pascrell Sinema REPORT ON RESOLUTION PRO- Abraham Hartzler Pearce Larsen (WA) Payne Sires VIDING FOR CONSIDERATION OF Allen Hensarling Pittenger Larson (CT) Pelosi Slaughter H.R. 2685, DEPARTMENT OF DE- Amash Hice, Jody B. Poe (TX) Lawrence Perlmutter Smith (NJ) Babin Hill Poliquin Lee Perry Smith (WA) FENSE APPROPRIATIONS ACT, Barr Holding Pompeo Levin Peters Speier 2016, AND PROVIDING FOR CON- Barton Hudson Posey Lewis Peterson Stefanik SIDERATION OF H.R. 2393, COUN- Lieu, Ted Pingree Benishek Huelskamp Price, Tom Stivers Lipinski Pitts TRY OF ORIGIN LABELING Bilirakis Huizenga (MI) Ratcliffe Swalwell (CA) LoBiondo Pocan Bishop (MI) Hunter Renacci Takai AMENDMENTS ACT OF 2015 Loebsack Polis Bishop (UT) Hurt (VA) Roe (TN) Takano Lofgren Price (NC) Mr. NEWHOUSE, from the Com- Black Issa Rohrabacher Thompson (CA) Blackburn Jenkins (KS) Lowenthal Quigley Thompson (MS) mittee on Rules, submitted a privi- Rooney (FL) Lowey Rangel Blum Johnson (OH) Thompson (PA) leged report (Rept. No. 114–145) on the Rothfus Lucas Reed Boustany Johnson, Sam Thornberry resolution (H. Res. 303) providing for Rouzer Lujan Grisham Reichert Brady (TX) Jones Royce Tiberi consideration of the bill (H.R. 2685) Brat Jordan (NM) Ribble Russell Titus Bridenstine Kelly (MS) Luja´ n, Ben Ray Rice (NY) making appropriations for the Depart- Salmon Tonko Brooks (AL) King (IA) (NM) Rice (SC) Sanford Torres ment of Defense for the fiscal year end- Burgess Kline Lynch Richmond Scalise Tsongas ing September 30, 2016, and for other Carter (GA) Knight MacArthur Rigell Schweikert Maloney, Sean Roby Turner purposes, and providing for consider- Chabot LaMalfa Upton Chaffetz Latta Scott, Austin Marino Rogers (AL) ation of the bill (H.R. 2393) to amend Sensenbrenner Matsui Rogers (KY) Valadao Clawson (FL) Long Van Hollen the Agricultural Marketing Act of 1946 Coffman Loudermilk Sessions McCaul Rokita Vargas to repeal country of origin labeling re- Collins (GA) Love Smith (MO) McCollum Ros-Lehtinen Veasey Conaway Luetkemeyer Smith (NE) McDermott Roskam quirements with respect to beef, pork, Vela Cook Lummis Smith (TX) McGovern Ross Vela´ zquez and chicken, and for other purposes, Crawford Marchant Stewart McKinley Roybal-Allard Visclosky which was referred to the House Cal- DeSantis Massie Stutzman McNerney Ruiz Walorski DesJarlais McCarthy Tipton McSally Ruppersberger endar and ordered to be printed. Walters, Mimi Duffy McClintock Trott Meehan Rush Walz f Duncan (SC) McHenry Wagner Meeks Ryan (OH) Wasserman Ellmers (NC) Meadows Walberg Meng Ryan (WI) REMOVAL OF NAME OF MEMBER Schultz Emmer (MN) Messer Walden Mica Sa´ nchez, Linda Waters, Maxine AS COSPONSOR OF H. RES. 198 Fleming Miller (FL) Walker Moore T. Flores Miller (MI) Weber (TX) Moulton Sanchez, Loretta Watson Coleman Mr. YOHO. Mr. Speaker, I ask unani- Welch Franks (AZ) Moolenaar Webster (FL) Murphy (FL) Sarbanes mous consent that Congressman AMASH Murphy (PA) Schakowsky Whitfield Garrett Mooney (WV) Wenstrup be removed as a cosponsor of H. Res. Gohmert Mullin Westerman Nadler Schiff Wilson (FL) Gosar Mulvaney Westmoreland Napolitano Schrader Wittman 198. Gowdy Neugebauer Williams Neal Scott (VA) Womack The SPEAKER pro tempore. Is there Graves (GA) Nugent Wilson (SC) Newhouse Scott, David Yarmuth objection to the request of the gen- Noem Serrano Young (AK) Guinta Olson Yoder tleman from Florida? Guthrie Palmer Yoho Nolan Sewell (AL) Young (IN) Harris Paulsen Young (IA) Norcross Sherman Zeldin There was no objection. Nunes Shimkus Zinke f NOES—287 NOT VOTING—12 TRANSPORTATION, HOUSING AND Aderholt Courtney Goodlatte Adams Duncan (TN) McMorris Aguilar Cramer Graham URBAN DEVELOPMENT, AND RE- Buck Fincher Rodgers Amodei Crenshaw Granger LATED AGENCIES APPROPRIA- Ca´ rdenas Lamborn O’Rourke Ashford Crowley Graves (LA) Cleaver Maloney, TIONS ACT, 2016 Barletta Cuellar Graves (MO) Woodall DeFazio Carolyn Bass Culberson Grayson GENERAL LEAVE Beatty Cummings Green, Al Mr. DIAZ-BALART. Mr. Speaker, I Becerra Curbelo (FL) Green, Gene b 1944 Bera Davis (CA) Griffith ask unanimous consent that all Mem- Beyer Davis, Danny Grijalva So the amendment was rejected. bers may have 5 legislative days to re- Bishop (GA) Davis, Rodney Grothman The result of the vote was announced vise and extend their remarks and to Blumenauer DeGette Gutie´rrez include extraneous material on H.R. Bonamici Delaney Hahn as above recorded. Bost DeLauro Hanna PERSONAL EXPLANATION 2577, and that I may include tabular Boyle, Brendan DelBene Hardy material on the same. Mr. LAMBORN. Madam Chair, I was un- F. Denham Harper The SPEAKER pro tempore. Is there avoidably detained on account of a flight Brady (PA) Dent Hastings objection to the request of the gen- Brooks (IN) DeSaulnier Heck (NV) delay. Had I been present I would have voted tleman from Florida? Brown (FL) Deutch Heck (WA) ‘‘aye’’ on rollcall vote 309, ‘‘aye’’ on rollcall Brownley (CA) Diaz-Balart Herrera Beutler There was no objection. Buchanan Dingell Higgins vote 310, ‘‘aye’’ on rollcall vote 311, ‘‘aye’’ on The SPEAKER pro tempore. Pursu- Bucshon Doggett Himes rollcall vote 312, ‘‘aye’’ on rollcall vote 313, ant to House Resolution 287 and rule Bustos Dold Hinojosa ‘‘aye’’ on rollcall vote 314, ‘‘aye’’ on rollcall Butterfield Donovan Honda XVIII, the Chair declares the House in Byrne Doyle, Michael Hoyer vote 315, ‘‘nay’’ on rollcall vote 316, ‘‘aye’’ on the Committee of the Whole House on Calvert F. Huffman rollcall vote 317, and ‘‘aye’’ on rollcall vote the state of the Union for the further Capps Duckworth Hultgren 318. consideration of the bill, H.R. 2577. Capuano Edwards Hurd (TX) Mr. DIAZ-BALART. Madam Chair, I Carney Ellison Israel Will the gentlewoman from Florida Carson (IN) Engel Jackson Lee move that the Committee do now rise. (Ms. ROS-LEHTINEN) kindly resume the Carter (TX) Eshoo Jeffries The motion was agreed to. chair. Cartwright Esty Jenkins (WV) Accordingly, the Committee rose; Castor (FL) Farenthold Johnson (GA) b 1949 Castro (TX) Farr Johnson, E. B. and the Speaker pro tempore (Mr. Chu, Judy Fattah Jolly HULTGREN) having assumed the chair, IN THE COMMITTEE OF THE WHOLE Cicilline Fitzpatrick Joyce Ms. ROS-LEHTINEN, Acting Chair of the Accordingly, the House resolved Clark (MA) Fleischmann Kaptur Committee of the Whole House on the itself into the Committee of the Whole Clarke (NY) Forbes Katko Clay Fortenberry Keating state of the Union, reported that that House on the state of the Union for the Clyburn Foster Kelly (IL) Committee, having had under consider- further consideration of the bill (H.R. Cohen Foxx Kelly (PA) ation the bill (H.R. 2577) making appro- 2577) making appropriations for the De- Cole Frankel (FL) Kennedy Collins (NY) Frelinghuysen Kildee priations for the Departments of partments of Transportation and Hous- Comstock Fudge Kilmer Transportation, and Housing and ing and Urban Development, and re- Connolly Gabbard Kind Urban Development, and related agen- lated agencies for the fiscal year end- Conyers Gallego King (NY) cies for the fiscal year ending Sep- ing September 30, 2016, and for other Cooper Garamendi Kinzinger (IL) Costa Gibbs Kirkpatrick tember 30, 2016, and for other purposes, purposes, with Ms. ROS-LEHTINEN (Act- Costello (PA) Gibson Kuster had come to no resolution thereon. ing Chair) in the chair.

VerDate Sep 11 2014 06:16 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.040 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3972 CONGRESSIONAL RECORD — HOUSE June 9, 2015 The Clerk read the title of the bill. tive, and troubled asset specialist position, solidate this important function to a The Acting CHAIR. When the Com- as such positions are described in the Field select few hub and satellite locations. mittee of the Whole rose earlier today, Resource Manual (Wave 1) entitled ‘‘Trans- It would help ensure that our multi- an amendment offered by the gen- formation: Multifamily for Tomorrow’’ of family field offices remain open and op- the Department of Housing and Urban Devel- tleman from Florida (Mr. POSEY) had opment) of the Office of Multifamily Housing erating at current staffing levels. With- been disposed of, and the bill had been of the Department of Housing and Urban De- out this amendment, local multifamily read through page 156, line 15. velopment, or newly hire an employee for offices will continue to have more va- Mr. DIAZ-BALART. Madam Chair, I any asset management position, that is lo- cancies that go unfilled. move to strike the last word. cated at a Core office (as such term is used I regretfully ask unanimous consent The Acting CHAIR. The gentleman in such Field Resource Manual) before filling to withdraw my amendment. from Florida is recognized for 5 min- each such asset management position that is The Acting CHAIR. Is there objection utes. located at a Non-Core office (as such term is to the request of the gentlewoman used in such Field Resource Manual) and has from California? Mr. DIAZ-BALART. Madam Chair, I been vacated since October 1, 2015. yield to the gentleman from New Jer- There was no objection. The Acting CHAIR. Pursuant to sey (Mr. FRELINGHUYSEN) for the pur- AMENDMENT OFFERED BY MR. YOHO pose of a colloquy. House Resolution 287, the gentlewoman Mr. YOHO. I have an amendment at Mr. FRELINGHUYSEN. I thank the from California and a Member opposed the desk. chairman for yielding, and I thank him each will control 5 minutes. The Acting CHAIR. The Clerk will re- for his great work on this appropria- The Chair recognizes the gentle- port the amendment. tions bill. woman from California. The Clerk read as follows: Madam Chairman, for over 20 years I Ms. MAXINE WATERS of California. At the end of the bill (before the short have been a staunch advocate for re- Madam Chair, I rise to offer an amend- title), insert the following: ducing aircraft noise over northern ment regarding HUD’s multifamily SEC. ll. None of the funds made available transformation plan. I will ultimately by this Act may be used in contravention of New Jersey. I have attended dozens of subpart E of part 5 of the regulations of the public hearings and meetings with offi- withdraw this amendment because I know that there will be Republican op- Secretary of Housing and Urban Develop- cials from the FAA and responded to ment (24 C.F.R. Part 5, Subpart E; relating thousands of calls from constituents position, but I think it is important for to restrictions on assistance to noncitizens). me to speak out against the ill-advised whose lives have been affected by in- The Acting CHAIR. Pursuant to plan. creased aircraft noise. House Resolution 287, the gentleman The Department of Housing and While the safety of airplane pas- from Florida and a Member opposed Urban Development is currently in the sengers is paramount and the vitality each will control 5 minutes. process of a major consolidation of its of our air transport system is impor- The Chair recognizes the gentleman multifamily offices, which it has tant, people on the ground have a right from Florida. to a quality of life with a minimum ex- dubbed the multifamily transformation Mr. YOHO. Madam Chair, my amend- posure to air noise overhead. plan. I have been vocal in my skep- ment simply ensures that no funds can Despite spending over $70 million in ticism of HUD’s assurances that this be used to circumvent current law taxpayer dollars on the New York, New plan will bring about significant sav- which prevents illegal immigrants Jersey, and Philadelphia airspace rede- ings without impacting program deliv- from obtaining housing assistance. sign project, time and time again the ery. Spending should be prioritized based on Federal Aviation Administration has In fact, last year this House approved the needs of American taxpaying citi- turned a deaf ear to the tremendous an amendment to the fiscal year 2015 zens, not those who are residing in our impact air noise has had over northern appropriations bill that required HUD country illegally. New Jersey. I recently wrote two let- to follow a transformation plan that Constituents back in my district and ters to the FAA to bring my con- maintains asset management staff in throughout the country work hard stituent concerns directly to Adminis- its field offices. I fought for this every day, and their needs should not trator Michael Huerta’s attention. To amendment because I believe strongly play second fiddle to those of immi- date, these letters and my constitu- that HUD’s plan to consolidate the im- grants who broke our laws and came ents’ pleas for help have gone unan- portant function of asset management into this country illegally. swered. from 17 hubs overseeing 50 field offices With the continued efforts by some As the FAA proceeds with the New into just 5 hub locations and 7 satellite in this country to disregard the rule of York, New Jersey, and Philadelphia offices would significantly impair pro- law, much to the detriment of tax- airspace redesign, they must factor air gram delivery without resulting in sig- paying Americans, I truly believe this noise into their calculations. I look nificant cost savings. amendment is necessary to clarify and forward to working with the chairman Asset management is a hands-on job reinforce the intent of Congress as it to ensure that this is done. which calls for an intimate knowledge pertains to housing assistance pro- I thank the gentleman for yielding. of the local housing market and fre- viding via HUD. Mr. DIAZ-BALART. I want to again quently requires staff to make on-site This is a simple, commonsense thank the gentleman for raising this visits to troubled properties. That is amendment that shows the hard-work- important issue. I appreciate his dedi- why it is so important to have asset ing American citizens that we are seri- cation to ensuring that his constitu- management staff in local field offices ous when it comes to spending their ents’ air noise concerns are adequately to respond to local needs. tax dollars and that we will not use addressed by the FAA. Unfortunately, I have been hearing their hard-earned money to prioritize Again, I thank the gentleman, and I from advocates that HUD has been fail- and reward those who break our laws. I yield back the balance of my time. ing to replace vacancies in asset man- urge my colleagues to support this agement positions in field offices and is AMENDMENT OFFERED BY MS. MAXINE WATERS amendment and support the rule of OF CALIFORNIA only hiring new asset management law. Ms. MAXINE WATERS of California. staff in hub locations. This is unaccept- I reserve the balance of my time. Madam Chair, I have an amendment at able. There are already two field offices Mr. PRICE of North Carolina. Madam the desk. that have completely shuttered be- Chair, I claim the time in opposition to The Acting CHAIR. The Clerk will re- cause they have no working staff. In the amendment. port the amendment. Los Angeles, we have already lost 15 The Acting CHAIR. The gentleman is The Clerk read as follows: asset management staff who have not recognized for 5 minutes. been replaced. Mr. PRICE of North Carolina. Madam At the end of the bill (before the short My amendment would ensure that Chair, I do oppose this amendment. On title), insert the following: SEC. 4ll. None of the funds made avail- HUD prioritizes the hiring of asset the face of it, it simply restates exist- able by this Act may be used to establish management staff in local field offices ing regulations, but I fear there is an- any asset management position (including for vacancies that occur in the next fis- other motive at play, that is, an anti- any account executive, senior account execu- cal year instead of continuing to con- immigrant agenda.

VerDate Sep 11 2014 05:22 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.079 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3973 Let me explain what I mean. This ican people expect it. They deserve it, authority to go forward. Nothing can amendment feeds into the widely held and I look forward to having that. contravene that authority. misperception that many undocu- In the meantime, this is just a com- It is well documented that nothing mented individuals are, in fact, obtain- monsense amendment that strictly enhances the competitiveness of a Na- ing Federal benefits despite restric- puts the emphasis on following the rule tion in this increasingly globalized tions—verification procedures—specifi- of law, and I think all Americans, re- economy than investments in transpor- cally designed to prohibit such activ- gardless of what side of the aisle, would tation and infrastructure capital ity. stand supporting the Constitution, the projects. We must not allow this appropria- very document that we all took an I will include an article about trans- tions bill to become a platform to deni- oath to. portation dated March 31, 2015, into the grate immigrants in this country or to I yield back the balance of my time. RECORD. score political points at their expense. The Acting CHAIR. The question is [From the Houston Chronicle, Mar. 31, 2015] We need real solutions. We need to ac- on the amendment offered by the gen- STUDY FINDS HOUSTON TRAFFIC CONGESTION tually fix our broken immigration sys- tleman from Florida (Mr. YOHO). WORSENING tem. We shouldn’t be wasting valuable The question was taken; and the Act- (By Dug Begley) floor time on amendments such as ing Chair announced that the ayes ap- As workday commutes go, Raj Dada’s isn’t these. We would be better served by peared to have it. terrible. He lives east of Jersey Village, an moving comprehensive immigration re- Mr. PRICE of North Carolina. Madam easy drive from the freeway. His off-ramp form, fully debating it in this Chamber. Chair, I demand a recorded vote. from Interstate 10 puts him practically in The Acting CHAIR. Pursuant to front of his job near Bunker Hill. b 2000 clause 6 of rule XVIII, further pro- In each of the past three years, though, the We are ready to do that. We can pass daily drive has gotten worse, Dada said. ceedings on the amendment offered by ‘‘I leave earlier than I used to,’’ he said comprehensive immigration reform, if the gentleman from Florida will be Monday morning as he stopped for gas near the Speaker would bring it to the floor, postponed. his office. ‘‘Even on weekends, it’s taking this very week. Until then, I would ask AMENDMENT NO. 16 OFFERED BY MS. JACKSON longer to get around all the construction and restraint on amendments that in no LEE traffic.’’ way alter existing law and regulation Ms. JACKSON LEE. Madam Chair, I It’s a common dilemma for Houston motor- and only serve to stir controversy, re- ists. Congestion in Houston increased sharp- have an amendment at the desk. ly from 2013 to 2014, according to a report reinforce prejudices, and distract us from The Acting CHAIR. The Clerk will the business at hand. leased Tuesday by TomTom, developer of the designate the amendment. mapping and traffic data fed to phones and I urge defeat of this amendment, and The text of the amendment is as fol- other GPS devices. I yield back the balance of my time. lows: Analysts said trips in the region on aver- Mr. YOHO. Madam Chair, this At the end of the bill (before the short age last year took 25 percent longer than amendment is strictly about the rule of title), insert the following: they would have in free-flowing conditions, law and following the rule of law. I SEC. ll. None of the funds made available compared with 21 percent longer in 2013. agree we shouldn’t have to debate im- by this Act may be used in contravention of This means that a hypothetical 30-minute, migration here. This is not about this. section 5309 of title 49, United States Code. congestion-free trip, on average, takes about 52 minutes at peak commuting times. For an This is about following the rule of law. The Acting CHAIR. Pursuant to entire year, it means drivers waste 85 At this point, I yield to the gen- House Resolution 287, the gentlewoman hours—more than 3.5 days—plodding along tleman from Texas (Mr. GOHMERT). from Texas and a Member opposed each the highways and streets of Houston. Mr. GOHMERT. Madam Chair, this will control 5 minutes. It’s the first increase in TomTom’s traffic amendment has nothing to do with The Chair recognizes the gentle- index for Houston in four years after three being anti-immigrant. In fact, the gen- woman from Texas. consecutive years of slight declines. tleman’s comments play into that ac- Ms. JACKSON LEE. Let me thank Growing cities with robust economies tend cusation. This is entirely incorrect and to experience the biggest increases in traffic. the ranking member, Mr. PRICE, and Oil price dips notwithstanding, Houston cer- inappropriate. In fact, it reminds me of his staff, as well as the chairman, Mr. tainly fits the bill, said Tony Voigt, the pro- a comment a President made from DIAZ-BALART, for their work on some- gram manager for the Texas A&M Transpor- right up there at that podium that no thing that is very close and near and tation Institute’s Houston office. illegal aliens would get ObamaCare. dear to many Members’ hearts. It cer- Voigt said local analysis supports the con- Somebody thought that was not true tainly is close to mine. clusion in the TomTom report: More local and said so. It turns out it was not The Jackson Lee amendment was streets and highways are more congested for true. They have gotten it. passed last year. I am grateful to have more hours of the day. Even weekend trips to some spots—notably retail corridors—can I went home and talked to a number the opportunity this year to restate be increasingly time-consuming. of people that were in and around the fact that this amendment indicates ‘‘This is a result of more people living here Walmart this weekend—immigrants, that none of the funds made available as compared to two or three years ago and people that are here legally, and they by this act under the heading ‘‘Federal our economy being very active and healthy,’’ can’t find work and they need help. Transit Administration: Transit For- Voigt said. They did everything to come here le- mula Grants’’ may be used in con- Nick Cohn, senior traffic expert for gally and properly—Hispanic Ameri- travention of section 5309. TomTom, said the opposite is true in places cans, Asian Americans, African Ameri- where job prospects are not as strong, based This is, as I said, an amendment on the company’s worldwide traffic research. cans, Anglo Americans—and they just identical to the Jackson Lee amend- ‘‘In Moscow, where there has really been need help. ment. Might I just briefly speak to this an economic slowdown and gas prices are up, I would submit, if we are going to be amendment. It affirms the importance there has been a slowdown,’’ Cohn said. true to the oath we took to our Con- to the Nation of projects that create Moscow and other international cities constitution and the laws which uphold economic development, particularly in tinue to experience traffic far worse than cit- our Constitution, we need to be about the transportation area. ies in the U.S. In the United States, Houston helping those that are under our care, It particularly says that the Sec- ranked 12th-worst among major cities for traffic, compared to 85th worldwide. those who have come legally. retary of Transportation may make News that 11 other American cities have I support the gentleman’s amend- grants under this section to State and worse congestion isn’t comforting to Hous- ment, and I appreciate him doing it. It local governments; it has the authority ton drivers. is a pro-immigrant amendment for im- to assist in financing capital projects, ‘‘It’s terrible,’’ said Debbie Curry, 60, a life- migrants that will come legally, and small start-up projects, including the long Houstonian. ‘‘Traffic in this city has there are plenty of those here. acquisition of real property. gotten worse. When I moved (to western Mr. YOHO. Madam Chair, to the The key is that these grants under Houston) I thought it would get better. It did for a little while; now it’s as bad as it’s ever ranking member, I would love to have State and local authority can under- been.’’ that discussion down the road about re- take capital projects, which means Reasons why Houston drivers spend so sponsible immigration reform, and I that, when local governments propose much of their time in traffic vary, but most think we need to have that. The Amer- their projects, the Secretary has the theories circle back to explosive growth.

VerDate Sep 11 2014 06:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.082 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3974 CONGRESSIONAL RECORD — HOUSE June 9, 2015 ‘‘Some of the congestion on U.S. 290 and on [From the Houston Chronicle, Feb. 5, 2013] much extra time drivers have to build into (Loop 610 North) is, of course, construction- CONGESTION A CONSTANT FOR HOUSTON their trips. The new measure, called the free- related,’’ Voigt said. ‘‘But what we are really COMMUTERS way planning time index, shows drivers don’t seeing is travel demand is greater overall, have to build in as much extra time as oth- (By Dug Begley) and this is causing the peak congestion peri- ers, because planning and good freeway ods to spread out.’’ Houston region has been rated as having clearance rates by tow trucks keep roads Peak commutes, once contained to two the sixth worst commute in the nation based moving, Lomax said. hours each in the morning and evening, are on hours of delay. Public transit can provide some relief, but spreading to three and sometimes four hours. The good news is that traffic congestion with jobs in Houston divided among a dozen Though it means more days when traffic is isn’t getting much worse in the Houston or so job areas, it’s hard for public transit to heavy for longer periods, the gradual growth area. The bad news is it was pretty bad to carry everyone where they need to go effi- of peak commuting periods isn’t all bad, begin with. ciently, Lomax said. Cohn said. Houston commuters continue to endure Still, drivers and elected officials said traf- ‘‘It means at least when possible they are some of the worst traffic delays in the coun- fic congestion is spreading farther from the being flexible with those work-to-home and try, according to the 2012 Urban Mobility Re- urban core and growing. home-to-work trips,’’ Cohn said, noting that port released Tuesday by the Texas A&M TRUCKING HURT an alternative could be a more compressed— Transportation Commission. Area drivers ‘‘I think within the next two years it is but more severe—peak commuting period. wasted more than two days a year, on aver- going to get worse,’’ said Liberty County Houston-area officials have a long list of age, in traffic congestion, costing them each Commissioner Norman Brown, who said traf- road-widening projects planned over the next $1,090 in lost time and fuel. fic is already worsening for some Dayton- decade, along with some transit growth. Sub- And it’s unlikely to get any better, re- area drivers. urban areas, notably Conroe and The Wood- searchers and public officials say. Some congestion on the region’s fringes is lands, are exploring their own transit op- ‘‘I think as rapidly as this area is growing, the result of trucking and manufacturing, tions. It’s a pattern across the U.S., Cohn (the challenge) is just trying to stay where Brown said. The mobility report found con- said. we are,’’ Harris County Judge Ed Emmett gestion accounted for $646 million in cost to Each city faces different obstacles, Cohn said of the traffic congestion. businesses reliant on trucking in 2011, up said. Houston’s lack of density could make Planned toll projects on U.S. 290 and even- from $490 million in 2007. transit less effective, but public transpor- tually Interstate 45 will help ease traffic, Emmett said the shipping growth dem- tation remains a critical part of any conges- just as the Katy Freeway managed lanes did onstrates the need for investment in rail and tion relief as roads dominate. in 2008, Emmett said. other methods to move goods. Many municipalities, state transportation Drivers take the congestion in stride and Lomax said congestion caused by flour- officials and counties in the area have made devise their own strategies to deal with the ishing truck business can be a good problem ‘‘significant requests for roadway dollars,’’ hassle. Roger Wilson, 54, takes a park and to have. said Houston Councilman Stephen Costello, ride bus from Katy, but his co-worker Brad ‘‘Economic recession seems to be the one chairman of the Transportation Policy Coun- Steele, 39, drives in from Spring. Over lunch foolproof way of controlling congestion,’’ cil of the Houston-Galveston Area Council. Monday, both claimed their method was Lomax said. ‘‘But nobody’s saying that is a Those projects are not just about relieving best. solution.’’ traffic now, but about building before it gets ‘‘Yeah, you get to read or sleep,’’ Steele Ms. JACKSON LEE. Just to empha- worse, Costello said. told Wilson, ‘‘but I would rather have my size, finally, whether it is seaways, Any improvements are constrained by car.’’ dams, highways, or tollways, whether funding, which federal and state lawmakers But as long as Houston attracts jobs, and it involves other modes of transpor- have been slow to deliver. Federal officials those jobs attract workers, commuting has- remain at an impasse about a long-term tation, transportation projects are sles will persist, said Tim Lomax, a co-au- major engines driving the economy. transportation bill, and many have shown re- thor of the mobility report. luctance to increase federal highway spend- ‘‘We’re hitting the limits of improving That is why we are here on the floor. It ing. Texas voters last year approved $1.7 bil- traffic by widening the roads,’’ said Stephen is important for the local communities lion for state highways, leaving about $3.3 Klineberg, co-director of the Kinder Center to be drivers of that. The metropolitan billion in additional money needed, accord- for Urban Research at Rice University. regions will not be able to maintain ing to the Texas A&M Transportation Insti- With 4 million people in Harris County, economic vitality without this invest- tute. and another 1 million coming in the next 20 ment. That funding shortfall has many, espe- years, the region will embrace new develop- Finally, the Jackson Lee amendment cially officials in suburban Houston, worried ment patterns that reduce the need for driv- clearly speaks to the global aspects of as their traffic worsens and projects crawl ing—but on its own terms and without aban- toward completion, said West University the Secretary of Transportation having doning the car, Klineberg said. the ability to work with our local and Place Mayor Bob Fry. ‘‘Suburban areas are developing town cen- ‘‘I think outside (Loop 610) is going to be ters and walkable urbanist developments,’’ State governments. worse for traffic than inside the Loop,’’ Fry Klineberg said, pointing to developments in I ask my colleagues to join me in re- said. ‘‘Inside is built out, and it’s not going The Woodlands, Sugar Land and Pearland. stating that the Secretary of Transpor- to get worse like it is outside.’’ tation has authority to work with local In the urban core, Fry said, transit is the DRIVERS ADAPTING and State entities on the proposed important investment. He said Metro’s up- The new patterns follow years of steady coming redesign of bus service will ‘‘help outward growth, leading to greater distances projects that they have and for these quite a bit.’’ between homes and workplaces. projects to continue to grow and de- PERSONAL CHOICE Based on the mobility report, in 1982 driv- velop to ease traffic congestion. With projects slow to take shape, Cohn ers spent about 22 hours each year stuck in Madam Chair, Let me thank Subcommittee said drivers might see the best results by congestion, a figure that has increased al- Chairman DIAZ-BALART and Ranking Member using an increasing and improving array of most every year since. Traffic congestion PRICE for their leadership on this important traffic information available to them. Hous- peaked in 2008 at 55 hours, the same year two legislation and for the opportunity to explain ton’s TranStar system—a partnership of carpool/toll lanes along I–10 opened between my amendment. Houston, Harris County, the Texas Depart- downtown and Katy. The lanes took five The Jackson Lee Amendment adds at the ment of Transportation and the Metropoli- years to complete and cost $2.8 billion. But some of the best ways to reduce con- end of the bill the following new section pro- tan Transit Authority—is one of the largest viding that: and most comprehensive real-time traffic gestion are less costly. As Houston drivers SEC. lll. None of the funds made avail- systems in the country. have acclimated to rush-hour traffic jams, ‘‘There used to be a big difference between they’ve become more adept at saving them- able by this Act under the heading ‘‘ Federal what the highway authority has and what selves time. Transit Administration—Transit Formula real-time traffic systems have,’’ Cohn said. ‘‘People are adjusting when they leave,’’ Grants’’ may be used in contravention of sec- ‘‘It is more of a unified service now.’’ Lomax said, noting resources that provide tion 5309 of title 49, United States Code. When a motorist finds alternate routes to real-time traffic information. As This amendment is identical to the Jackson avoid congestion, it helps not just that driv- smartphones and computers become more Lee Amendment to H.R. 4775, the Transpor- er but also others because one less vehicle is common, and workdays come with greater tation, Housing and Urban Development Ap- clogging up the problem spot. flexibility for some people to work from propriations Act for FY2015 adopted by the Reliance on the information, and better home, commuters can adjust to less-stressful personal planning, might be the best relief drive times. House last year by voice vote. for traffic now. Thus, even though they have the sixth- In particular, the Jackson Lee affirms the ‘‘I don’t think drivers can sit back and worst commute in the country based on importance to the nation of projects that create wait for some big infrastructure project,’’ he hours of delay, the region’s drivers rank 21st economic development, particularly in the said. on a new calculation that determines how transportation area.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JN7.071 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3975 Pursuant to section 5309 of title 49, the According to the Chronicle article, in 2011 from Alabama and a Member opposed Secretary of Transportation may make grants Houston commuters continue to enjoy some of each will control 5 minutes. under this section to State and local govern- the worst traffic delays in the country, and The Chair recognizes the gentleman ment the authority to assist in financing capital Houston area drivers wasted more than two from Alabama. projects, small startup projects, including the days a year, on average, in traffic congestion, Mr. BROOKS of Alabama. Madam acquisition of real property. costing them each $1,090 in lost time and Chair, America recently blew through This section further supports capacity im- fuel. the $18 trillion debt mark. America’s provements, including double tracking, and it Today, those figures have increased to 3.5 Comptroller General warns that Amer- specifically relates to work that deals with days a year wasted in traffic congestion, cost- ica’s debt path is unsustainable. projects on approved transportation plans. ing them each $1,850 in lost time and fuel. In short, Washington’s financial irre- That is key; section 5309 of title 49 grants To put it in simpler and starker terms: A sponsibility threatens America with a to State and local governments the authority driver in Houston could see 154 movies this debilitating insolvency and bankruptcy to undertake capital projects, which means year or purchase 21 tickets to a home Texans that risks destroying the America our that when local governments propose their game with the money wasted because of ancestors sacrificed so much to build. projects, the Secretary has the authority to go poorly maintained or traffic-clogged roads. With this impending financial crisis forward on them. Expanded light rail is critical to Houston’s as a backdrop, I ask the House of Rep- It’s instructive to consider what some of the plan to meet its transportation and environ- resentatives to have the courage, to nation’s leading transportation and economic mental challenges, ease its traffic congestion, have the backbone, to be financially development organizations have to say about and improve its air quality. responsible. The House can do that in the importance and economic impact of invest- Places most likely to see immediate benefit part by adopting my amendment that ments in local light rail capital projects. from light rail in Houston are the 50,000 stu- eliminates Federal Government hous- It is well documented that nothing enhances dents that attend the University of Houston ing subsidies for illegal aliens. the competitiveness of a nation in this increas- and Texas Southern University. How big is this problem? Census Bu- ingly globalized economy, than investments in Funds made available under this deal reau data analyzed by the Center for transportation infrastructure capital projects. should be available to support local govern- Immigration Studies in 2012 reflects Whether it is the seaways, dams, highways, ment decisions of the Houston Metropolitan that at least 130,000 households headed or tollways, and whether it involves other Transit Authority and the city of Houston to ex- by self-identifying illegal aliens live in modes of transportation, transportation pand rail service. public or subsidized housing. That is projects are major engines driving the econ- When we put our minds to it, we can get potentially hundreds of millions of tax- omy. things done. payer dollars being illegally taken by And it is important for the local community In Houston, we built a port 50 miles from illegal aliens with the tacit or open to be the drivers of that. the ocean, created the world’s greatest med- consent or even the encouragement of Metropolitan regions will not be able to ical center in the middle of open prairie, and the United States Government. maintain its economic vitality without the ability convinced the federal government to base its Think about that for a moment. to create and preserve infrastructure that sup- astronauts in a hurricane zone 870 miles from While American families struggle to ports the movement of people and goods the launch pad. make ends meet, while America faces a throughout our country. debilitating and destructive insolvency The Jackson Lee Amendment clearly Each of those achievements shares a common element: elected officials have advo- and bankruptcy, while American fami- speaks to the global aspect of the Secretary of lies and lawful immigrants are being Transportation having the ability to work with cated, built public support, and brought the agencies together. forced to wait in line for public hous- our local and State governments. ing, this administration ignores the Houston is the fourth most populous city in Members of Congress should respect the law to spend potentially hundreds of the country; but unlike other large cities, we decisions of state and local governments millions of taxpayer dollars subsidizing have struggled to have an effective mass tran- when it comes to deciding how they will spend illegal aliens, thereby encouraging sit system. funding made available for public transpor- Over many decades Houston’s mass transit tation under this appropriations bill. their illegal conduct. Madam Chair, my amendment is sim- policy was to build more highways with more I ask my colleagues to again support the ple. It prohibits funding to subsidized lanes to carry more drivers to and from work. Jackson Lee Amendment and affirm the au- The city of Houston has changed course thority of the Secretary of Transportation to housing in violation of section 214(d) of and is now pursuing Mass transit options that work with local governments to develop local the Housing and Community Develop- include light rail. transit projects that will relieve traffic conges- ment Act that, for clarity, bars HUD This decision to invest in light rail was and tion, efficiently move people and goods, create from providing taxpayer assistance for is strongly supported by Houstonians by their jobs and maintain America’s status as the the benefit of an applicant ‘‘before im- votes in a 2003 referendum and by their in- leading economy in the world. migration documentation is presented creased usage of light rail service made pos- I ask my colleagues to support the and verified’’ by DHS’ automated Sys- sible in part by transportation appropriations Jackson Lee amendment, and I yield tematic Alien Verification for Entitle- bills. back the balance of my time. ments system or a subsequent success- Specifically, Harris County voters passed a The Acting CHAIR. The question is ful appeal. massive referendum proposal that was to set on the amendment offered by the gen- Unfortunately, this administration the stage for transit for the next 20 years. tlewoman from Texas (Ms. JACKSON ignores the law and permits illegal It included a first stage of four light rail lines, LEE). aliens to move into public housing be- to be complete by 2012, and a master plan for The amendment was agreed to. fore the legality of their status is fi- a 65-mile system, to be complete by 2025. AMENDMENT OFFERED BY MR. BROOKS OF nally determined. An April 2014 report by the Houston ALABAMA Also, unfortunately, the administra- METRO on weekly ridership states that 44,267 Mr. BROOKS of Alabama. Madam tive and legal process being what it is, used Houston’s light rail service, which rep- Chair, I have an amendment at the it takes as much as 2 years to evict il- resented a 6,096 or 16% increase in ridership desk. legal alien tenants after their illegal from April of the previous year. The Acting CHAIR. The Clerk will re- alien status is discovered. This increase in light rail usage outpaced port the amendment. Madam Chair, it is unacceptable ridership of other forms of mass transit in the The Clerk read as follows: that, in a time of out-of-control United States debt and deficit, HUD violates city of Houston: metro bus had a 2.3% in- At the end of the bill (before the short crease over April 2013; metro bus-local had a title), insert the following: the law to give limited public housing 1.3% increase over April 2013; and Metro bus- SEC. ll. None of the funds made available benefits to illegal aliens, rather than Park and ride had a 8.0% increase over April by this Act may be used to provide financial needy American citizens and lawful im- 2013. assistance in contravention of section 214(d) migrants. In a story published February 5, 2013, the of the Housing and Community Development Madam Chair, I urge the adoption of Houston Chronicle reported on the congestion Act of 1980 (42 U.S.C. 1436a(d)). my amendment that, first, denies pub- Houston drivers face under daily commute to The Acting CHAIR. Pursuant to lic housing subsidies to illegal aliens; and from work. House Resolution 287, the gentleman and, second, underscores the sense of

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.050 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3976 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Congress that the law must be obeyed b 2015 Federal Fleet Performance, dated May 24, 2011. and that it is wrong to use public hous- But this is not the time and place to ing subsidies to reward illegal aliens have that debate. So, again, while I The Acting CHAIR. Pursuant to House Resolution 287, the gentleman for their illegal conduct. don’t see the need for this amendment, from New York and a Member opposed I reserve the balance of my time. I don’t see what the issue is of object- each will control 5 minutes. Mr. PRICE of North Carolina. Madam ing to an amendment that, in essence, Chair, I claim the time in opposition. The Chair recognizes the gentleman does absolutely nothing. from New York. The Acting CHAIR. The gentleman is I thank the gentleman from North recognized for 5 minutes. Mr. ENGEL. Madam Chair, on May Carolina (Mr. PRICE) for allowing me Mr. PRICE of North Carolina. Madam 24, 2011, President Obama issued a some of his time. memorandum on Federal fleet perform- Chair, I rise in opposition to this Mr. PRICE of North Carolina. I amendment. Once again, we have an ance that required all new light-duty thank the chairman, and I yield back vehicles in the Federal fleet to be al- amendment that, on its face, simply re- the balance of my time. states existing law. In fact, the gen- ternative fuel vehicles, such as hybrid, Mr. BROOKS of Alabama. Madam electric, natural gas, or biofuel, by De- tleman offering the amendment has ac- Chair, I find it interesting and some- knowledged that existing law categori- cember 31, 2015. what perplexing how my good friend My amendment echoes the Presi- cally prohibits HUD benefits from across the aisle talks about an anti-im- dent’s memorandum by prohibiting going to undocumented persons. migrant agenda appealing to fear and funds in this act from being used to What is going on here? What is lurk- prejudice. lease or purchase new light-duty vehi- ing beneath the surface? I fear some- It seems that whenever we start talk- cles unless that purchase is made in ac- thing is. An anti-immigrant agenda ing about border security and lawful cord with the President’s memo- based on fear and prejudice would ap- immigration, the race card is played. randum. pear to be the answer. And I would submit that that is be- I have submitted identical amend- We are feeding into widely held mis- cause, in part, there is an absence of ments to 17 different appropriations conceptions that so many undocu- rational sound public policy for the po- bills over the past few years, and every mented immigrants are seeking and re- sition taken. time they have been accepted by both ceiving Federal benefits, that Federal Let’s emphasize something. America the majority and the minority. I hope programs, Federal dollars, are being has, far and away, the most generous my amendment will receive similar abused and misused. lawful immigration policy in the support today. Well, we do need to have a remedy for world. No nation is as compassionate Global oil prices are down. We no our broken immigration system. As I with respect to lawful immigrants as longer pay $147 per barrel. But despite said earlier, a comprehensive immigra- the United States of America is, and I increased production here in the tion reform bill, bipartisan, passed the challenge anyone to say different. United States, the global price of oil is Senate last Congress. It could be placed I wish that this kind of amendment still largely determined by OPEC. on this floor tomorrow and pass over- Spikes in oil prices have profound re- was not necessary, but when you have whelmingly. That doesn’t appear to be percussions for our economy. The pri- got an executive branch that has shown happening. Instead, what we have is mary reason is that our cars and itself to be willingly lawless, to the this drumbeat of measures that are trucks run only on petroleum. We can point that two Federal judges, one in denigrating the immigrant commu- change that with alternative tech- Pennsylvania and one in Texas, have nity. nologies that exist today. had to render a decision trying to force We need to have some restraint in The Federal Government operates this administration to obey the law, this body on such amendments. They the largest fleet of light-duty vehicles then I would submit, Madam Chair, don’t alter existing law. They do, I am in America, over 635,000 vehicles. More that it is important to have these afraid, though, stir controversy. They than 6,000 of these vehicles are within kinds of amendments to also deny the reinforce prejudice and stereotypes. the jurisdiction of this bill, being used funding that otherwise would be used They distract us from the business at by the Department of Transportation for that lawless conduct. hand. and the Department of Housing and I ask for support of the amendment. I think it is an unworthy amend- Urban Development. I yield back the balance of my time. ment. I urge my colleagues to reject it, When I was in Brazil a few years ago, The Acting CHAIR. The question is and I yield to the gentleman from Flor- I saw how they diversified their fuel by on the amendment offered by the gen- greatly expanding their use of ethanol. ida (Mr. DIAZ-BALART), the chairman of tleman from Alabama (Mr. BROOKS). the subcommittee. People there can drive to a gas station Mr. DIAZ-BALART. I thank the gen- The question was taken; and the Act- and choose whether to fill their vehicle with gasoline or with ethanol and also tleman for yielding. ing Chair announced that the ayes ap- I think it is important to just kind of peared to have it. possible blends as well. They make their choice based on cost or whatever always try to lower the decibels as Mr. PRICE of North Carolina. Madam criteria they deem important. much as we can. Chair, I demand a recorded vote. The Acting CHAIR. Pursuant to So I want the same choice for Amer- This amendment, as both gentlemen ica’s consumers. That is why I am pro- have said, does not change current law. clause 6 of rule XVIII, further proceedings on the amendment offered by posing a bill in Congress, as I have It doesn’t change current HUD policies. done many times in the past, which It merely restates current law. I don’t, the gentleman from Alabama will be postponed. will provide for cars built in America frankly, see a reason to have the to be able to run on a fuel instead of, or AMENDMENT NO. 4 OFFERED BY MR. ENGEL amendment. Likewise, I don’t see a big in addition to, gasoline. If they can do Mr. ENGEL. Madam Chair, I have an reason to oppose the amendment that it in Brazil, we can do it here, and it amendment at the desk. just, again, restates current law. I ask would cost less than $100 per car to do. all sides to try to lower the rhetoric on The Acting CHAIR. The Clerk will So, in conclusion, expanding the role this issue. This amendment does not designate the amendment. these alternative technologies play in change anything. The text of the amendment is as fol- our transportation economy will help As the ranking member knows, I lows: break the leverage that foreign-govern- have been involved in trying to get im- At the end of the bill (before the short ment-controlled oil companies hold migration reform for a long, long time title), insert the following: over Americans. It will increase our and have worked with a number of Re- SEC. ll. None of the funds made available Nation’s domestic security and protect by this Act may be used by the Department publicans and Democrats. I will tell consumers. you that both sides have had opportu- of Transportation, the Department of Hous- ing and Urban Development, or any other I urge that my colleagues support the nities to get it done, and neither side Federal agency to lease or purchase new Engel amendment. got it done when they had the oppor- light duty vehicles for any executive fleet, or In conclusion, I would just say that tunity to get it done. I am hoping that for an agency’s fleet inventory, except in ac- energy policy is something that is real- we will be able to get it done. cordance with Presidential Memorandum— ly important, and we can take a very

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.089 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3977 small step tonight to move closer to of the Bio Q that it had any accurate or of the advantages that CTI schools pro- energy independence and protecting fair test to determine who should be an vided under the old hiring system. the American consumer. I would urge air traffic controller. They decided at a young age to enroll all my colleagues on both sides, as they Yet, we are now finding out that the in a program fostered by the FAA and have in the past, to support this bill. cheating may run deeper than first re- were given the opportunity to excel on I yield back the balance of my time. ported, possibly with knowledge at the the AT-SAT, which was unfairly pulled The Acting CHAIR. The question is highest levels of the FAA. out from under them. on the amendment offered by the gen- If additional FAA or aviation-related Madam Chair, this amendment is a tleman from New York (Mr. ENGEL). employees helped applicants cheat on step in the right direction towards fix- The amendment was agreed to. the Bio Q, it is imperative that we ex- ing the misguided policy change that AMENDMENT OFFERED BY MR. HULTGREN pose those responsible and determine had a negative impact on students and Mr. HULTGREN. Madam Chair, I how widespread and systemic the mis- the universities that invested signifi- have an amendment at the desk. conduct is. cant resources in training our future The Acting CHAIR. The Clerk will re- I have urged Congress to compel the generations of air traffic controllers. port the amendment. FAA to appear before the American But I need to emphasize that this The Clerk read as follows: people to get to the bottom of this amendment should not come at the At the end of the bill (before the short troubling discovery. These investiga- cost of slowing down the hiring of air title), insert the following: tions uncover just how discredited the traffic controllers. We have already SEC. lll. None of the funds made avail- Bio Q is in any hiring process. suffered from a hiring and training able by this Act may be used by the Federal But until we get answers to these slowdown and cannot afford further Aviation Administration for the bio-data as- questions, like who knew about the sessment in the hiring of Air Traffic Control delays to staffing an essential safety cheating, when did they know about it, function of the FAA. Specialists. and how did they cover it up, we can- The Acting CHAIR. Pursuant to Our hard-working air traffic control- not let the FAA employ people unfairly lers are already understaffed, and Con- House Resolution 287, the gentleman using the highly flawed Bio Q as a from Illinois and a Member opposed gress must ensure that we are increas- gatekeeper. ing their ranks quickly and with well- each will control 5 minutes. In addition, we still don’t know what The Chair recognizes the gentleman trained air traffic controllers. will happen to those who have either Madam Chair, I urge my colleagues from Illinois. failed the Bio Q, aged out of the hiring Mr. HULTGREN. Madam Chair, I rise to vote ‘‘yes.’’ process, or both. Mr. HULTGREN. I thank my col- today to offer my amendment, which Disqualifying highly trained, cer- league from Illinois, and I would also defunds a troubling hiring test put tified graduates and military veterans urge my colleagues to support this pas- forth by the FAA which has led to because they did or did not play sports sage and to make sure that we con- cheating and questionable hiring prac- in high school is ridiculous. This tinue to have the safest air traffic con- tices for air traffic controllers. amendment would restrict funding for The intent of my amendment is not trol towers in the world. the Bio Q, stopping its use by the FAA. Madam Chair, I yield back the bal- to slow hiring, but to stop the FAA’s When you climb into an airliner, you ance of my time. use of a discredited gatekeeper hiring trust the pilot, the crew, and the air Mr. DIAZ-BALART. Madam Chair, I test. traffic controllers will keep you safe. I very reluctantly, actually, claim time I represent more than 270 air traffic have introduced H.R. 1964, the Air Traf- in opposition. controllers in Illinois’ 14th Congres- fic Controllers Hiring Act of 2015, to re- The Acting CHAIR. The gentleman sional District. More than a year ago, verse the effects of the FAA’s policy, from Florida is recognized for 5 min- the FAA made an inexplicable and ob- restore safety and confidence to air utes. scure change to its longstanding hiring travel, and to make sure we have the Mr. DIAZ-BALART. Madam Chair, I practices, with few details given about best and brightest in our control tow- actually understand and, frankly, lis- how the changes would be implemented ers. tened very intently to the gentleman’s and with little advance warning. I have hopes that this legislation can concerns, and I actually want to work Setting aside its decades-long process move quickly through the House and with him to make sure that nothing is by which qualified Collegiate Training have urged the Transportation Com- used that is absolutely arbitrarily, or Initiative students and military vet- mittee to hold a hearing on the bill. frankly, totally unfair. And so I think erans were given preference in hiring, Now that Aviation Subcommittee the gentleman’s concerns are very, the FAA implemented a new biographi- Chairman LOBIONDO has cosponsored very valid. cal questionnaire, or Bio Q, which con- the legislation, I am looking forward to At this time, however, and that is tains such questions as, ‘‘How many the committee’s consideration. why I say ‘‘very reluctantly’’ have to sports did you play in high school?’’ Until then, this amendment will help oppose, because, again, at this mo- With no way to know what a right restore some sanity back to the FAA. ment, I am concerned, hearing the answer is, how to improve on the test, I yield such time as he may consume other gentleman from Illinois mention or what their final score was, many to the gentleman from Illinois (Mr. the fact that we want to make sure otherwise highly qualified applicants LIPINSKI), my good friend and col- that we don’t slow down the hiring of failed, after spending countless re- league. the air traffic controllers. We need to sources and time training to become Mr. LIPINSKI. Madam Chair, I thank hire another 1,500 new controllers in air traffic controllers. the gentleman for yielding and for his 2016. The new procedures caused the agen- work on this amendment and on the So I not only appreciate the gentle- cy to divert the hiring process around bill. man’s concerns, but I, in fact, poten- highly qualified, CTI-certified trainees As the gentleman said, early last tially could share a lot of his concerns. and experienced veterans, jeopardizing year, the FAA switched course on its But again, reluctantly at this time, air travel safety in favor of off-the- hiring process by moving from the AT- because I am concerned about poten- street hires, some of whom have little SAT, which was a tried-and-true, tially slowing down the hiring of new experience or ambition. knowledge-based test, to a bio-data as- controllers, I reluctantly have to op- Since then, the FAA has been under sessment. The change had a tremen- pose his amendment. fire following a six-month investiga- dous impact on the 36 Air Traffic Colle- I yield back the balance of my time. tion which uncovered that FAA or giate Training Initiative schools. The Acting CHAIR. The question is aviation-related employees may have I have one of the best of these schools on the amendment offered by the gen- assisted in giving potential air traffic in my district, Lewis University. Lewis tleman from Illinois (Mr. HULTGREN). controller recruits special access to an- 2 years ago won the Loening Trophy as The question was taken; and the Act- swers on the Bio Q to help them gain the best aviation program in the Na- ing Chair announced that the noes ap- jobs with the FAA. tion. peared to have it. This cheating is greatly disturbing Maybe students chose to attend Mr. HULTGREN. Madam Chair, I de- and jeopardizes any shred of credibility Lewis and these other schools because mand a recorded vote.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.092 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3978 CONGRESSIONAL RECORD — HOUSE June 9, 2015 The Acting CHAIR. Pursuant to year. Many more used rail lines like late in the fiscal year at the earliest, clause 6 of rule XVIII, further pro- SEPTA or Metro-North, operating on and possibly longer, should projects on ceedings on the amendment offered by tracks owned by Amtrak, to get to the Northeast Corridor not be ready to the gentleman from Illinois will be work every day. The tragic derailment advance. This would also hinder Am- postponed. in my own area of Philadelphia last trak’s ability to manage State and AMENDMENT OFFERED BY MR. MEEHAN month has shown that there is a des- long-distance service. Mr. MEEHAN. Madam Chair, I have perate need to improve the line and I know that all of these consequences an amendment at the desk. strengthen capital investments in the are probably not my colleague’s intent, The Acting CHAIR. The Clerk will re- region. but it does demonstrate the types of port the amendment. This amendment will ensure Amtrak consequences that we need to consider The Clerk read as follows: makes smart investment decisions and when making such a policy change. I At the end of the bill (before the short directs capital spending where it is ask colleagues to vote against this title), insert the following: needed most. It will help Amtrak tack- amendment. SEC. 416. None of the funds made available le the backlog of capital projects that I yield back the balance of my time. by this Act for Amtrak capital grants may plague the Northeast Corridor. It will Mr. MEEHAN. Madam Chair, before I be used for projects off the Northeast Cor- reduce delays. It will mean safer, more close my comments, I think it is im- ridor until the level of capital spending by efficient travel for millions of Ameri- portant to recognize that the same Amtrak for capital projects on the Northeast principle has already been adopted by Corridor during fiscal year 2016 equals the cans who rely on Amtrak’s Northeast Corridor every year. I urge my col- 318 Members of this body, including a amount of Amtrak’s profits from Northeast near unanimous vote by my colleague Corridor operations during fiscal year 2015. leagues to support it. I yield to the gentleman from Florida from the other side of the aisle, his col- The Acting CHAIR. Pursuant to leagues on that side of the aisle. House Resolution 287, the gentleman (Mr. DIAZ-BALART). Mr. DIAZ-BALART. I thank the gen- I will also say that I am not sure that from Pennsylvania and a Member op- the gentleman understands the actual posed each will control 5 minutes. tleman for yielding. Madam Chair, there is a lot of work effect of the bill. It simply is to rein- The Chair recognizes the gentleman vest the profits that are made on the from Pennsylvania. that goes into this bill and there is a lot of work that goes into the amend- Northeast Corridor. These are being b 2030 ments, but I will tell you that the gen- made by the investments that are Mr. MEEHAN. Madam Chair, before I tleman from Pennsylvania has worked being made by the taxpaying people begin my comments, I would like to nonstop to find real solutions to deal who are purchasing those tickets. We thank Chairman DIAZ-BALART and with making sure that Amtrak is safe can still look for ways to fund other Ranking Member PRICE for all of their and, in particular, that the Northeast parts of the system around the country diligent work on this bill. Corridor is as viable and as safe as pos- where they can earn their investments My amendment seeks to prioritize in- sible. So I just must commend the gen- on merit. We are asking, in light of the fact vestment in Amtrak’s Northeast Cor- tleman for his hard work, for the way that this is a line which is so heavily ridor, which is its most heavily trav- that he has just worked this issue day used, the priorities be placed where eled route, by ensuring that operating in, day out to get to the point where we profits that are earned there stay they are most needed. are today. Madam Chair, I yield back the bal- there. Mr. MEEHAN. I reserve the balance Last year, Amtrak’s Northeast Cor- ance of my time. of my time. The Acting CHAIR. The question is ridor line earned nearly $500 million in Mr. PRICE of North Carolina. Madam on the amendment offered by the gen- operating profit. More than 100,000 Chair, I wish to claim the time in oppo- tleman from Pennsylvania (Mr. MEE- Americans get on a train that travels sition. HAN). along the Northeast Corridor every The Acting CHAIR. The gentleman is The question was taken; and the Act- day, but instead of reinvesting those recognized for 5 minutes. ing Chair announced that the ayes ap- dollars into improvements in the line’s Mr. PRICE of North Carolina. Madam peared to have it. infrastructure, much of that money Chair, I too want to commend my col- Mr. PRICE of North Carolina. Madam was sent across the country, used to league for offering this amendment. I Chair, I demand a recorded vote. subsidize money-losing, long-distance understand his intent. There are sig- The Acting CHAIR. Pursuant to Amtrak routes. This has left Amtrak’s nificant capital needs on the busy clause 6 of rule XVIII, further pro- most heavily traveled route less fund- Northeast Corridor. It is Amtrak’s ceedings on the amendment offered by ed, and it has delayed needed improve- busiest and most successful corridor. It the gentleman from Pennsylvania will ments to Amtrak’s only line that actu- is a fundamental flaw of this bill that be postponed. ally turns a profit. we are unable to provide for the kind of AMENDMENT OFFERED BY MR. NEWHOUSE This amendment will fix that. It will investments that the service in that Mr. NEWHOUSE. Madam Chair, I ensure that the dollars Amtrak earns corridor warrants and, indeed, that the have an amendment at the desk. along the Northeast Corridor are in- service of Amtrak nationwide war- The Acting CHAIR. The Clerk will re- vested into improvements in the line’s rants. port the amendment. infrastructure. It will make travel But the effect of this amendment, I The Clerk read as follows: along Amtrak’s most heavily used fear, in the environment of inadequate At the end of the bill (before the short route safer, and it will also do so with- investment, this would provide a much- title), insert the following: out adding to the taxpayers’ burden. needed boost in investment in the SEC. ll. None of the funds made available This amendment will codify the prin- Northeast Corridor. It may be still not by this Act may be used to issue, implement, ciple that was passed in the Passenger enough, but it would do so at the ex- or enforce the proposed regulation by the Rail Reform and Investment Act, and I pense of the rest of the Amtrak net- Federal Aviation Administration entitled ‘‘Operation and Certification of Small Un- might add that that was approved with work, and that should give us pause manned Aircraft Systems’’ (FAA-2015-0150) more than 300 votes in this House ear- when we consider this amendment. without consideration of the use of small un- lier this year. This tracks that same The amendment would require Am- manned aircraft systems for agricultural op- principle. And that legislation passed trak to spend at least $1.2 billion—the erations, as defined in 14 CFR 21.25(b)(1). with the leadership of my friend and annual amount of Northeast Corridor Mr. DIAZ-BALART. Madam Chair- fellow Pennsylvanian, Chairman BILL revenues—on Northeast Corridor cap- woman, I reserve a point of order on SHUSTER, which requires that Amtrak ital projects before they could spend the gentleman’s amendment. direct capital investments into the any of their Federal capital funding The Acting CHAIR. A point of order Northeast Corridor, where it is needed elsewhere. This would have the effect is reserved. most. of halting all capital projects that are Pursuant to House Resolution 287, Madam Chair, more than 11 million not on the Northeast Corridor, includ- the gentleman from Washington (Mr. Americans rode an Amtrak train being all information technology, up- NEWHOUSE) and a Member opposed each tween Boston and Washington last graded safety technology, until very will control 5 minutes.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.095 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3979 The Chair recognizes the gentleman year generously allow for the safe test- fects standard establishes regulations from Washington. ing and commercial use of UAVs, en- promoting the use of a legal theory Mr. NEWHOUSE. Madam Chair, I rise suring the amazing agricultural pros- known as disparate impact. today to introduce an amendment on pects for these technologies are well What is disparate impact? Disparate an important topic that will undoubt- considered in the process. impact liability allows the government edly have a growing impact not just on Madam Chair, I ask unanimous con- to allege discrimination on the basis of our Nation’s agricultural sector, but on sent to withdraw the amendment. race or other factors based solely on our economy as a whole. The Acting CHAIR. Is there objection statistical analyses that find dis- The use of unmanned aerial vehicles, to the request of the gentleman from proportionate results among different or UAVs, has enormous possibilities for Washington? groups of people and—get this—regard- our economy, whether it is providing There was no objection. less of any evidence of any actual dis- cost-effective means to deliver pack- AMENDMENT OFFERED BY MR. NEWHOUSE criminatory actions or intent. Let me ages, photographing housing for Real- Mr. NEWHOUSE. Madam Chair, I point that out again—regardless of any tors, broadcasting sports games, assist- have an amendment at the desk. evidence of actual discrimination. ing law enforcement with tracking The Acting CHAIR. The Clerk will re- If, for example, a mortgage lender criminals, or providing mobile WiFi port the amendment. uses a completely nondiscriminatory hubs for Internet access. However, one The Clerk read as follows: standard to assess credit risk, such as vastly underconsidered outcome for At the end of the bill (before the short maybe a debt-to-income ratio, they can UAV technology is that it could poten- title), insert the following: still be found to have discriminated if tially transform our Nation’s agricul- SEC. lll. None of the funds made avail- the data shows different loan approval tural sector. able by this Act may be used to issue, imple- rates for different groups of consumers. Ideas have been considered using ment, or enforce regulations by the Federal So real and actual discrimination UAVs to survey cropland, to determine Aviation Administration entitled ‘‘oper- must be prosecuted to the fullest ex- property lines, or to help plan for ations and certification of small unmanned tent of the law. I think that is some- planting, spraying, watering, or har- aircraft systems’’ (FAA–2015–0150) in con- thing everyone here can agree on. But travention to 14 CFR 21.25(b)(1). vesting of crops; however, the potential under the example that I just laid out, applications are even greater. Depend- The Acting CHAIR. Pursuant to that lender could even have specific ing on how this technology evolves, House Resolution 287, the gentleman antidiscriminatory practices in play, UAVs may be equipped with special from Washington and a Member opin other words, he would have rules in cameras to determine if crops are dry posed each will control 5 minutes. his business in place, but still be found and need extra water and where and The Chair recognizes the gentleman liable under this theory. how much should be applied. They may from Washington. Predictably, by creating a presump- also be used to apply pesticides or fer- Mr. NEWHOUSE. Madam Chair, in tion of discrimination, this rule will re- tilizers with precision to ensure that my previous comments, I addressed sult in a perverse regulatory scheme too little or too much isn’t being used. this amendment, which is in order, and where lenders, insurers, and landlords And depending on their sophistication, I would just submit those comments to would effectively be required to inten- someday, UAVs may even be used to be used for this particular amendment. tionally discriminate among different harvest the food we grow. I yield back the balance of my time. classes of borrowers. Why? Just to pro- The potential applications don’t just The Acting CHAIR. The question is tect themselves from becoming entan- stop there, though. In my district last on the amendment offered by the gen- gled in the regulatory pretzel-like logic year, we experienced the worst forest tleman from Washington (Mr. of this administration. fire in Washington State history, con- NEWHOUSE). So if we specifically consider the ex- suming hundreds of thousands of acres. The amendment was agreed to. amples of homeowner insurance com- In the future, first responders, the For- AMENDMENT OFFERED BY MR. GARRETT monly considered factors, including an est Service, and other stakeholders Mr. GARRETT. Madam Chair, I have applicant’s claim history, construction may be able to use UAVs to monitor an amendment at the desk. material, the presence or absence of a the spread of fire to get people out of The Acting CHAIR. The Clerk will re- security system, the distance to the harm’s way or to better predict where port the amendment. firehouse, well, they could be barred if to best apply water and fire retardants. The Clerk read as follows: they were found to result in creating a They could even help with identifying At the end of the bill (before the short statistical disparity for a class defined dry or overgrown areas in advance to title), insert the following: by race or ethnicity or gender. help stakeholders know where treat- SEC. ll. None of the funds made available You see, sound risk-based lending in- ment is needed, which could prevent by this Act may be used to implement, ad- surance underwriting and pricing that fires in the first place. minister, or enforce the final rule entitled unintentionally results in a statistical ‘‘Implementation of the Fair Housing Act’s disparate outcome, that is not dis- Madam Chair, I appreciate the steps Discriminatory Effects Standard’’, published the FAA has taken in releasing draft by the Department of Housing and Urban De- crimination; rather, accurate risk rules regarding UAVs and that the velopment in the Federal Register on Feb- identification and classification is ab- FAA has been more agreeable in allow- ruary 15, 2013 (78 Fed. Reg. 11460; Docket No. solutely essential to the lending of in- ing testing of UAVs for commercial FR-5508-F-02). surance businesses. purposes. The Acting CHAIR. Pursuant to In addition to being unfair and un- While I understand that safety and House Resolution 287, the gentleman wise, the HUD rule is also unnecessary. privacy are enormous concerns being from New Jersey and a Member op- Why? Because protected class charac- considered by the FAA, it is also imposed each will control 5 minutes. teristics are already prohibited from portant that we do not fall behind The Chair recognizes the gentleman consideration in the risk assessment other nations in utilizing this tech- from New Jersey. process. nology, which are currently developing You see, State law already prohibits and innovating in this industry more b 2045 insurers from recording race, for exam- rapidly than we are here in the United Mr. GARRETT. Madam Chair, I rise ple. The HUD rule requiring race con- States. today, as I have done in the past, to siderations there turns on its head and Madam Chair, my amendment today offer an amendment that attempts to violates these laws. You see, all 50 is simple. It merely limits FAA’s rule- restore some sanity, fairness, and cer- States in this country have making on UAVs if the rules do not tainty to our housing market. My antidiscriminatory provisions in their take into consideration agricultural amendment would undo harmful eco- housing insurance regulations, and applications of UAVs in the rule- nomic actions taken by the adminis- there is no claim that these have been making process. tration that weaken credit availability insufficient. The Federal Government, I appreciate the work the FAA is and job creation. You see, the Depart- therefore, should be encouraging sound doing on this matter, and I hope the ment’s final rule implementing the business practices, not punishing them final rules that are expected later this Fair Housing Act’s discriminatory ef- to utilize them.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.099 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3980 CONGRESSIONAL RECORD — HOUSE June 9, 2015 We have seen what risky lending today, and it would eliminate well-es- Mr. GARRETT. The gentleman said, practices can do to our economy al- tablished, decades-old protections for ‘‘The fact is.’’ Well, everything we have ready. Although I believe the Supreme American families. heard for the last 5 minutes as the Court will strike down disparate im- I urge my colleagues to vote ‘‘no.’’ facts has absolutely nothing to do with pact theory, we should do all we can in Mr. PRICE of North Carolina. I yield this bill. This bill has nothing to do our power to rein in an administration 2 minutes to the gentleman from Texas with vets and service animals. This bill policy that will increase the cost and (Mr. AL GREEN), another outstanding has nothing to do with domestic vio- undermine the availability of credit Financial Services member. lence and women not being able to be throughout the economy. Mr. AL GREEN of Texas. Madam in the house. This has nothing to do Now, to this Chamber’s credit, let me Chair, this amendment would abso- with any of the weakening of State point out, this House recently passed lutely, totally, and completely allow standards whatsoever. my amendment to the Commerce-Jus- discrimination against our veterans. If This bill basically simply says that, tice-Science Appropriations bill that you are a veteran and you need a serv- if a lender to you says that you live in would prevent the DOJ from using this ice animal and if there is an area that a wooden house versus a stone house, very same theory. is set aside with no pets allowed, that there might be different rates for your I hope that we will continue to take service animal can become a pet. We insurance. It says that, if your house is a stand against this flawed logic and cannot allow veterans to be discrimi- miles from a fire department and your theory and promote sound business nated against. house is right next to the firehouse, practices. With reference to this amendment there might be different rates for the I urge my colleagues to support this being a theory, all 11 circuit courts insurance and the mortgages and the amendment. have upheld it. It is not a theory. It is loans you get on that house. Those are With that, I reserve the balance of a standard. It is a standard that the not discriminatory practices. Those are my time. courts adhere to, and it is a standard reasonable practices that businesses Mr. PRICE of North Carolina. Madam we ought not abrogate. We must con- enter into. It has nothing to do with all Chair, I wish to claim the time in oppo- tinue. of the examples just given. sition. I am absolutely, totally, and com- This bill says we should continue to The Acting CHAIR. The gentleman is pletely opposed to this amendment, go after and prosecute when there is recognized for 5 minutes. and I beg that my colleagues would go evidence of discrimination and inten- Mr. PRICE of North Carolina. I rise on record as being opposed to it as tional discrimination. This bill will not in opposition to this amendment. It well. end that. This bill will not end your would nullify a critical enforcement Mr. PRICE of North Carolina. I yield ability to look into the examples the tool that has been used, for example, to to the gentleman from Florida (Mr. last gentleman just raised. It would rule against discrimination and ra- DIAZ-BALART). simply say that businesses should be cially discriminatory zoning require- Mr. DIAZ-BALART. Madam Chair, I allowed to use standard rationales in ments, practices that exclude families am wary of considering an amendment their risk analysis, whether it is debt- with children from housing, discrimi- on a rule and regulation that is cur- to-income ratio or construction mate- nation by lenders, zoning requirements rently pending before the Supreme rials and the like. that discriminate against group homes Court. The sponsor of the amendment For those reasons, along with the housing individuals with disabilities. It is a good man, but I would hope that other reasons I have already said and is a critical enforcement tool, and it we would wait for the Court to issue its the host of organizations that support would be a very, very bad mistake to ruling and then the committee of juris- this legislation, and that this House pass this amendment. diction can properly debate and con- just passed last week on the CJS bill, I yield 2 minutes to the gentlewoman sider what, if any, legislative action we should do so again tonight. from California (Ms. MAXINE WATERS), should be taken. For those reasons, I I yield back the balance of my time. the ranking member of the Financial urge a ‘‘no’’ vote on this amendment. The Acting CHAIR. The question is Services Committee. Mr. PRICE of North Carolina. I yield on the amendment offered by the gen- Ms. MAXINE WATERS of California. the balance of my time to the gentleman from New Jersey (Mr. GAR- Madam Chair, I rise in strong opposi- tleman from Minnesota (Mr. ELLISON). RETT). tion to this amendment. I am very sur- Mr. ELLISON. I thank the gentleman The question was taken; and the Act- prised that this amendment is being for yielding me the time, and I strenu- ing Chair announced that the noes ap- brought by my friend, Mr. GARRETT. ously urge all Members to vote ‘‘no’’ on peared to have it. Mr. GARRETT’s amendment seeks to this particular amendment. Mr. GARRETT. Madam Chair, I de- empower HUD’s efforts in enforcing the The fact is that residential segrega- mand a recorded vote. Fair Housing Act in such a way that tion in this country has limited oppor- The Acting CHAIR. Pursuant to relies on the disparate impact doctrine. tunities for people for so many years. clause 6 of rule XVIII, further pro- It weakens our ability to protect And I don’t mean segregation just in ceedings on the amendment offered by Americans from discriminatory poli- terms of race—people who are excluded the gentleman from New Jersey will be cies that deny them access to quality because of race, because of gender, be- postponed. housing, quality neighborhood schools, cause of all types of reasons. AMENDMENT OFFERED BY MR. ELLISON and other resources. If we say that disparate impact has Mr. ELLISON. Madam Chair, I have The disparate impact doctrine is a no place, then we will be precluded an amendment at the desk. very effective legal tool that has been from looking into how disparity just The Acting CHAIR. The Clerk will re- used for decades to address seemingly causes people to have different chances port the amendment. neutral policies that have the effect of to live the American Dream. We will be The Clerk read as follows: discriminating against protected class- consigned to having to find a smoking At the end of the bill (before the short es. gun or intent before we can take action title), insert the following: The disparate impact doctrine pro- to try to make this country fairer and SEC. ll. None of the funds made available vides legal redress for victims of hid- more open. in this Act may be used to enter into a contract with any person whose disclosures of a den discrimination. It ensures that This is a very bad amendment, and I proceeding with a disposition listed in sec- women cannot be evicted from their urge all Members to vote ‘‘no.’’ tion 2313(c)(1) of title 41, United States Code, apartments solely because they were Mr. PRICE of North Carolina. Madam in the Federal Awardee Performance and In- victims of domestic violence, and it en- Chair, I yield back the balance of my tegrity Information System include the term sures that veterans with disabilities time. ‘‘Fair Labor Standards Act’’ and such dis- are not barred from living in certain Mr. GARRETT. Madam Chair, how position is listed as ‘‘willful’’ or ‘‘repeated’’. places solely because of the lack of ac- much time remains? The Acting CHAIR. Pursuant to commodations for their disability. This The Acting CHAIR. The gentleman House Resolution 287, the gentleman amendment ignores the realities of from New Jersey has 1 minute remain- from Minnesota and a Member opposed harmful discrimination in our Nation ing. each will control 5 minutes.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.104 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3981 The Chair recognizes the gentleman pany with a Federal contract, we have The Acting CHAIR. The gentleman from Minnesota. a right to believe that we are going to from Florida is recognized for 5 min- Mr. ELLISON. Madam Chair, this be treated in an honest way. utes. amendment simply says that the I yield to the gentleman from North Mr. DIAZ-BALART. Madam Chair, United States Government should not Carolina. the gentleman’s amendment is obvi- give appropriations and pay contracts Mr. PRICE of North Carolina. Madam ously very well intentioned. for people or companies who have been Chair, I want to commend my friend However, the amendment, as drafted, found to have willful or repeated viola- from Minnesota for offering this is so broad that, for example, a con- tions of the Fair Labor Standards Act. amendment. Every worker is entitled tractor could be excluded for some- In other words, if you have repeatedly to receive pay, fair pay, for the hours thing as minor as failing to display a and willfully stolen the wages of work- they work. We know, unfortunately, poster in a break room. Again, it is ers and you have a Federal contract, there are employers, as the gentleman well intentioned. then you are not the kind of contractor has stated, who refuse to pay for over- We have to remember something. We who the American people, through the time, who make their employees work fund a lot of contracts in this bill, ev- U.S. Congress, want to do business off the clock, who refuse to pay the erything from phone service to the with. minimum wage. These things go on. computer systems that ensure an or- No hard-working American should The least we can do is take steps to derly and efficient air space. Poten- ever have to worry that her employer ensure that those employers don’t re- tially, this amendment could eliminate will refuse to pay her when she works ceive new Federal contracts. That is a number of those transportation-in- overtime or take money out of her pay- what the gentleman’s amendment does. dustry-dependent contracts. check, especially if she works for a I commend him for offering it and urge Nobody wants to allow for Federal contractor. The practice is colleagues to support him. lawbreaking; but, because it is so known as wage theft. Right now, Fed- Mr. ELLISON. Madam Chair, how broadly drafted, the unintended con- eral contractors who violate the Fair much time do I have remaining? sequences, I think, that folks could be The Acting CHAIR. The gentleman Labor Standards Act are still allowed caught in this are a lot more than I from Minnesota has 11⁄2 minutes re- to apply for Federal contracts. think many folks understand. maining. This amendment, which my col- Mr. ELLISON. Madam Chair, I want Again, though it is a well-intentioned leagues from the Progressive Caucus to thank the gentleman for the support amendment, I would urge a ‘‘no’’ vote join me in, will ensure that funds may for this amendment. on this amendment, and I yield back not be used to enter into a contract Let me just point out a few things for the balance of my time. with a government contractor that Members contemplating this amend- The Acting CHAIR. The question is willfully or repeatedly violates the ment. on the amendment offered by the gen- Fair Labor Standards Act. The amend- An important think tank looked at tleman from Minnesota (Mr. ELLISON). ment ensures that those in violation of this question and found that in total, The question was taken; and the Act- the law do not get taxpayer support the average low-wage worker loses a ing Chair announced that the noes ap- and should not get the rewards that stunning $2,600 a year in unpaid wages, peared to have it. other good contractors receive. representing about 15 percent of their Mr. ELLISON. Madam Chair, I de- It is important to point out to Mem- earned income. mand a recorded vote. bers contemplating this amendment One thing that I believe Democrats The Acting CHAIR. Pursuant to that, if you are a contractor who pays and Republicans can agree on is that, if clause 6 of rule XVIII, further pro- your workers on time, who does what you break your back on the job all day ceedings on the amendment offered by you are supposed to do, who has avoid- long trying to earn a living and you the gentleman from Minnesota will be ed willful violations and repeated vio- don’t get paid what you are supposed postponed. lations of the Fair Labor Standards to get paid and your check is light, we AMENDMENT NO. 28 OFFERED BY MR. EMMER OF Act, you should not, as a good con- all have to agree that that is wrong. MINNESOTA tractor, have to compete with some- I expect to have an all green board up Mr. EMMER of Minnesota. Madam body who gets a competitive advantage there because to do otherwise would Chair, I have an amendment at the by stealing the pay of their workers. say that you want to stand on the side desk. We should have good contractors com- of the wage thieves, the ones who are The Acting CHAIR. The Clerk will peting for contracts, not contractors willfully and repeatedly making viola- designate the amendment. who make willful, repeated violations tions of the Fair Labor Standards Act. The text of the amendment is as fol- of the Fair Labor Standards Act. I think that, as the United States lows: This amendment relies upon viola- Congress, we should stand together and At the end of the bill (before the short tions reported to the Federal Awardee say a penny worked is a penny that is title), insert the following: Performance and Integrity Information going to be paid, and we are going to SEC. ll. None of the funds made available System. insist upon it. by this Act may used to carry out any en- Finally, I just want to say that richment as defined in Appendix A to part b 2100 breaking the law is a bipartisan prob- 611 of title 49, Code of Federal Regulations, That system looks back 5 years to re- lem. Nobody can stand with the con- for any New Start grant request. view criminal, civil, or administrative tractors who do this. It is one thing to The Acting CHAIR. Pursuant to agency actions which have a final dis- underpay your workers in a way that is House Resolution 287, the gentleman position. consistent with the law by paying from Minnesota and a Member opposed This amendment differs from pre- them the Federal minimum wage each will control 5 minutes. vious amendments that I have offered rate—I want to raise it; we may not The Chair recognizes the gentleman similar to it because it targets actors agree on that—but for sure, we have from Minnesota. who willfully or repeatedly engage in got to agree that, for people who work Mr. EMMER of Minnesota. Madam wage theft. The amendment would en- for Federal contractors, we have got to Chair, I rise to address an issue that is sure that a single inadvertent violation insist that the contractors who pay playing a role in crippling America’s would not disqualify a contractor, but these workers even less than they have transportation system by driving our it would show clearly that someone earned should not benefit from a Fed- deficits and exacerbating the need for who had made repeated and willful vio- eral contract. bailouts of the highway trust fund. As lations would not be able to benefit To help the workers, we have to do we debate how to fund transportation, from the contract. this, and to help the honest Federal one of the most vital functions of gov- I urge Members to vote in favor of contractors, we have to do this. ernment, this body is being forced to this particular amendment because a The Acting CHAIR. The time of the make hard choices. penny worked for and a penny earned gentleman has expired. I want to thank Chairman DIAZ- must be a penny paid; particularly Mr. DIAZ-BALART. Madam Chair, I BALART, the ranking member, and the when that penny is derived from a com- claim the time in opposition. members of the subcommittee for their

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.107 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3982 CONGRESSIONAL RECORD — HOUSE June 9, 2015 work on bringing this appropriations plazas, lighting, and signage, things the gentleman from Minnesota will be bill to the floor. Their work is defi- that can help individuals in utilizing postponed. nitely appreciated by me and my con- transportation infrastructure and en- AMENDMENT OFFERED BY MS. BASS stituents. That said, it is inconceivable sure that they do so in safety. Ms. BASS. Madam Chair, I have an to me that, as we kick the can on a Unfortunately, Madam Chair, there amendment at the desk. long-term transportation authorization are approximately 4,000 pedestrian The Acting CHAIR. The Clerk will re- bill, we continue to allow frivolous deaths, comprising 14 percent of overall port the amendment. spending on transit projects. traffic fatalities each year. These en- The Clerk read as follows: As important as New Starts transit richments are just the kinds of projects At the end of the bill (before the spending projects are to my State and my dis- that could help reduce the risk for pe- reduction account), insert the following: trict, one would think that every last destrians, for bicyclers, and other users SEC. llll. None of the funds made avail- available dollar would go towards en- of our systems. able by this Act may be used by the Federal suring transit New Starts have the Now, the gentleman offering this Transit Administration to implement, administer, or enforce section 18.36(c)(2) of title funding needed to make a line oper- amendment is just bordering on ridi- 49, Code of Federal Regulations, for con- ational and as cost effective as pos- cule when he talks about site lighting. struction hiring purposes. sible. Really, site lighting? What is more im- The Acting CHAIR. Pursuant to Madam Chair, that is not what is portant to promoting safety, pro- House Resolution 287, the gentlewoman happening. Within Federal grant appli- moting visibility, and discouraging from California and a Member opposed cations, extras are being included that those who would prey on individuals each will control 5 minutes. can dramatically raise the cost of tran- than site lighting? The Chair recognizes the gentle- sit New Starts. Site lighting is extremely important woman from California. Excessive enrichments such as art- in improving general safety in public Ms. BASS. Madam Chair, as the econ- work, landscaping, and bicycle and pe- places. It is incredibly important for omy continues to recover, 8.5 million destrian improvements such as side- protecting individuals against crime, Americans are still unemployed. Mean- walks, paths, plazas, site and station including harassment and assault. while, the effectiveness of local trans- furniture, site lighting, signage, public That is what we are talking about portation agencies to spur job creation artwork, bike facilities, and permanent here. in their local communities is unneces- fencing are included in the overall Now, the amount of funding that goes sarily obstructed by restrictive Depart- grant application. towards such enrichments is small rel- ment of Transportation policies. Even more shocking is that the Fed- ative to other expenditures, but it is a Limiting the ability of local officials eral Transit Administration doesn’t in- commonsense way that we can enhance to contribute to targeted job growth is clude these extra costs into the cost-ef- our transportation projects, we can detrimental to local economies across fective measurements for the overall broaden their use, and, above all, we the United States, especially in com- cost of the project which serves to de- can ensure that they are safe for all munities where many remain jobless. ceive taxpayers and Congress as to the users. Local hiring and procurement poli- project’s real price tag. It is an unwise amendment, Madam cies have helped to provide quality job Madam Chair, in my district alone, I Chair, and I urge its rejection. opportunities to residents in commu- have cities that have placed a morato- I yield back the balance of my time. nities hardest hit by the economic rium on new business development due Mr. EMMER of Minnesota. Madam downturn. to severe transportation issues. It is in- Chair, how much time do I have re- My local hire amendment is designed sane to me and my constituents that maining? to help spur local job creation through we blindly spend money on the niceties The Acting CHAIR. The gentleman federally funded transportation rather than prioritize funds for the ne- has 2 minutes remaining. projects nationally. cessities. Mr. EMMER of Minnesota. Thank My amendment would prevent the There are numerous reasons that our you, Madam Chair. Department of Transportation from Federal highway trust fund continues I have the utmost respect for my col- issuing regulations that prevent local to run deficits and we will continue to league from North Carolina, but he ac- hiring. Specifically, it would limit the have that debate; but one place that we tually makes the argument for the regulations and burdens placed on local can agree, certainly, is that Federal amendment as opposed to opposed to governmental agencies, preserve the taxpayers should absolutely not be it. competition and cost-effectiveness paying for things like artwork, fur- Yes, it reduces risk for bicyclists and mandates in our current rules that niture, lighting, and bike racks while pedestrians when you talk about sign- govern Federal transit grants, and give transportation projects remain unfin- age, when you talk about certain light- local transportation agencies the nec- ished across America. ing, when you talk about certain en- essary flexibility to apply geographi- I understand the need and desire for hancements that are add-ons to the cally targeted preferences when mak- transit projects—I have them in my project that the Federal Government ing hiring decisions for federally fund- district—which is why I have offered and the Federal taxpayer dollars are ed transit and highway projects. this amendment. We should make intended to fund. It is important to note that this local funds available to ensure more Federal The Federal taxpayer dollars should hire amendment does not require dollars go to what the hard-working be going to the transit project that it transportation agencies to implement taxpayers who fund these accounts ex- is intended for, instead of all the ex- local hiring policies. It simply gives pect, transit projects, rather than extras. The local authorities should be local leaders the opportunity to do so if pensive add-ons that are driving defi- responsible for those. they determine it is in the best inter- cits in our transit accounts. Madam Chair, I urge my colleagues est of their communities. I urge my colleagues to support this to support the amendment. It is a Madam Chair, I urge my colleagues amendment, and I reserve the balance clear-cut amendment. to support this important amendment. of my time. I yield back the balance of my time. It will reduce burdensome regulations Mr. PRICE of North Carolina. Madam The Acting CHAIR. The question is and spur local job creation. Chair, I claim the time in opposition. on the amendment offered by the gen- I yield back the balance of my time. The Acting CHAIR. The gentleman is tleman from Minnesota (Mr. EMMER). recognized for 5 minutes. The question was taken; and the Act- b 2115 Mr. PRICE of North Carolina. Madam ing Chair announced that the ayes ap- The Acting CHAIR. The question is Chair, in considering this amendment, peared to have it. on the amendment offered by the gen- it is important to be very clear about Mr. PRICE of North Carolina. Madam tlewoman from California (Ms. BASS). what the amendment means when it re- Chair, I demand a recorded vote. The amendment was agreed to. fers to enrichments. The Acting CHAIR. Pursuant to AMENDMENT OFFERED BY MR. ZELDIN This refers to improvements to a clause 6 of rule XVIII, further pro- Mr. ZELDIN. Madam Chair, I have an transit project like a sidewalk, paths, ceedings on the amendment offered by amendment at the desk.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.110 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3983 The Acting CHAIR. The Clerk will re- the House. The FAA needs to have ap- spouse who does not qualify for the Mort- port the amendment. propriate flexibility to use flight paths gagee Optional Election and who, but for the The Clerk read as follows: in the wisest ways, particularly if death of such borrowing spouse, would be able to remain in the dwelling subject to the At the end of the bill, (before the short there are safety risks for incoming or mortgage. title), insert the following: outgoing aircraft. I do think, however, SEC. ll. None of the funds made available that the FAA needs to take note and be Mr. LEWIS (during the reading). by this Act may be used by the Adminis- more responsive to the concerns that Madam Chair, I ask unanimous consent trator of the Federal Aviation Administra- have been raised in these limitation to dispense with the reading. tion to institute an administrative or civil The Acting CHAIR. Is there objection action (as defined in section 47107 of title 49, amendments, and there have been several this evening and in the prior days to the request of the gentleman from United States Code) against the sponsor of Georgia? the East Hampton Airport in East Hampton, of this debate. NY. I also want to observe that the FAA’s There was no objection. Mr. DIAZ-BALART. Madam Chair, I The Acting CHAIR. Pursuant to authorization expires at the end of the reserve a point of order on the gentle- House Resolution 287, the gentleman fiscal year. Now, as I mentioned in the man’s amendment. from New York and a Member opposed debate last week, our colleagues on the The Acting CHAIR. The gentleman each will control 5 minutes. Transportation and Infrastructure The Chair recognizes the gentleman Committee are exploring options to re- from Florida reserves a point of order. Pursuant to House Resolution 287, from New York. form the FAA, including separating the Mr. ZELDIN. Madam Chair, I am FAA from the Department of Transpor- the gentleman from Georgia and a proud to represent a district that is tation, allowing it more independence Member opposed each will control 5 home to some of the most scenic des- over the use of its resources. minutes. tinations in the country, and all forms I would say this is an important time The Chair recognizes the gentleman of transportation are part of our tour- to encourage caution, to encourage our from Georgia. ism economy. Yet, with the high sea- colleagues to think very carefully Mr. LEWIS. Madam Chair, I rise son upon us, many of my constituents about a more independent FAA, one today to offer an amendment to H.R. are finding themselves bewildered by that does not have to rely on annual 2577. actions of the FAA. Federal agencies appropriations. Would it be as atten- When I was first elected in 1987, Con- ought to stand by their word and keep tive to concerns such as those raised by gress created the first nationwide their commitments to Members of Con- communities and by our colleagues Home Equity Conversion Mortgage progress and to the citizens we represent. here tonight? We ought to move very gram. Also known as reverse mort- In 2012, the FAA made assurances to cautiously in this area. gages, these loans differ from tradi- my predecessor that, in light of a 2005 I strongly urge the FAA Adminis- tional mortgages and have very good court settlement between the FAA and trator, in observing this parade of limi- intentions. They are designed to help a community group, the town of East tation amendments, to take note to en- seniors stay in their homes by using Hampton, New York, would not be sub- sure that the FAA is more attentive to the values of their properties as a ject to certain regulations after De- the concerns that are raised by com- means for living more stable and inde- cember 31, 2014, when certain grant as- munities when developing their new pendent lives. Since the borrowers surances expired and, thus, could adopt flight procedures. must be 62 years of age or older, lend- restrictions on the use of their airport I yield back the balance of my time. ers often advise some borrowers to re- without FAA approval. Mr. ZELDIN. Madam Chair, I thank move younger spouses from the titles. The FAA has written that the town the gentleman from North Carolina for This allows them to be eligible for the can proceed on certain course and not his comments. Certainly, concerns program or to qualify for greater loans. fear FAA reprisal for their actions. within the First Congressional District Unfortunately, Madam Chair, many Earlier this spring, the democratically of New York are the reason this seniors are experiencing challenges in elected town board passed a set of air- amendment is being offered. I strongly the program’s actual operation. port regulations—all predicated on the urge my colleagues to support this im- For example, a citizen in my district, FAA’s written assurance to not take portant amendment so as to ensure Mrs. Helen Griffin, reached out to my negative action against the town. Re- that these local issues have local con- office last year. She and her husband cently, however, the FAA has started trol. took out a reverse mortgage on their wavering. I yield back the balance of my time. home. In order to qualify, she agreed to I am offering this amendment, which The Acting CHAIR. The question is be taken off the title. The lender prom- is 100 percent consistent with the prior on the amendment offered by the gen- ised that she could be added back on written assurance made by the FAA. tleman from New York (Mr. ZELDIN). the title at a later date if they refi- This amendment will hold the FAA to The amendment was agreed to. nanced. Unfortunately, she and her its word on this critical local issue, a AMENDMENT OFFERED BY MR. LEWIS husband had no idea how expensive re- local issue that should have a local so- Mr. LEWIS. Madam Chair, I have an financing would be. Like so many oth- lution—bring all sides to the table to amendment at the desk. ers, Mrs. Griffin was now in a dan- improve the quality of life on the East The Acting CHAIR. The Clerk will re- gerous financial situation. Upon the re- End this high season. port the amendment. verse mortgage borrower’s death, a sur- Madam Chair, I urge all of my col- The Clerk read as follows: viving spouse is required to pay the full leagues to support this effort. The peo- Page 156, after line 15, insert the following balance due on the loan—or 95 percent ple of the East End communities across new section: of the value of the property—simply to Long Island and around America de- SEC. 416. Notwithstanding Mortgagee Let- remain in their home. serve straight answers and follow- ter 2015–12 of the Department of Housing and My amendment would protect people Urban Development (dated April 30, 2015) or through from government agencies. like Mrs. Griffin and allow them more any other provision of law, the Secretary of time to protect themselves from fore- I reserve the balance of my time. Housing and Urban Development shall— Mr. PRICE of North Carolina. Madam (1) implement the Mortgagee Optional closure. I think we must do everything Chair, I rise in opposition. Election (MOE) Assignment for home equity in our power to inform and protect un- The Acting CHAIR. The gentleman is conversion mortgages (as set forth in Mort- knowing senior couples from the dan- recognized for 5 minutes. gagee Letter 2015-03, dated January 29, 2015), ger of not only losing their loved ones Mr. PRICE of North Carolina. Madam allowing additional flexibility for non-bor- but also their nest eggs. Chair, I do this, though, simply to ex- rowing spouses to meet its requirements; and Madam Chair, I want to thank the press some concerns about this amend- (2) provide for a 5-year delay in foreclosure gentleman from Florida and his staff in the case of any other home equity conver- for working so hard on this legislation ment and others like it that we have sion mortgage that— heard over the course of this debate. (A) has an FHA Case Number assigned be- and for making a commitment to this I do have some concerns about lim- fore August, 4, 2014; and issue. I look forward to continuing to iting flight path options for the FAA in (B) has a last surviving borrower who has work with the gentleman to make sure a piecemeal fashion from the floor of died and who has a non-borrowing surviving that we do all that we can to realize

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.113 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3984 CONGRESSIONAL RECORD — HOUSE June 9, 2015 the full goal of this important pro- In the wake of Amtrak accident 188 year as the U.S. Congress deliberates Federal gram. and with the incredible focus on safety highway, transit, rail and aviation policy Madam Chair, I ask unanimous con- that is necessary to pass PTC across bills, and debates how to fund Federal trans- sent to withdraw the amendment. the country, why wouldn’t we take portation programs that will meet our Na- The Acting CHAIR. Is there objection tion’s future mobility needs. Meanwhile, the high-speed rail dollars and actually fix State of California, in partnership with the to the request of the gentleman from the safety improvements that need to Federal government, has made significant Georgia? be done in California? Where is the investments in intercity high-speed pas- There was no objection. commitment to safety? Let’s fix the senger rail. In January, the California High- AMENDMENT OFFERED BY MR. DENHAM positive train control and make sure Speed Rail Authority (the Authority) hosted Mr. DENHAM. Madam Chair, I have that our trains in California are safe, a ‘‘Groundbreaking Ceremony’’ for the Cali- an amendment at the desk. and let’s end this project that con- fornia High-Speed Rail program to mark the The Acting CHAIR. The Clerk will re- tinues to waste taxpayer dollars. commencement of sustained construction, which will accelerate this year and create port the amendment. I reserve the balance of my time. 20,000 jobs annually for the next five years. The Clerk read as follows: Mr. PRICE of North Carolina. Madam Additionally, the bids on the Authority’s At the end of the bill (before the short Chair, I claim the time in opposition. first two construction contracts, valued at title), insert the following: The Acting CHAIR. The gentleman is almost $2.2 billion, came in significantly SEC. . None of the funds made avail- lll recognized for 5 minutes. under budget. able by this Act may be used for high-speed Mr. PRICE of North Carolina. Madam To date, the State of California has com- rail in the State of California or for the Cali- Chair, this amendment is a new twist mitted the majority of the funding that has fornia High-Speed Rail Authority, nor may been committed to build the program’s ini- any be used by the Federal Railroad Admin- on an amendment that the gentleman tial operating section. And last year, the Au- istration to administer a grant agreement from California has been offering over thority secured the ongoing appropriation of with the California High-Speed Rail Author- the last few years. The net result, how- 25 percent of all future California State ity that contains a tapered matching re- ever, is the same. It would stop the de- Greenhouse Gas Reduction Fund auction quirement. velopment of California high-speed rail proceeds for the high-speed rail program—a The Acting CHAIR. Pursuant to in its tracks, so to speak. dedicated revenue stream capable of pro- House Resolution 287, the gentleman The amendment would prevent the ducing hundreds of millions of dollars annu- from California and a Member opposed Federal Railroad Administration from ally for direct funding or financing. The pri- each will control 5 minutes. administering the funding that Cali- vate sector is now also exhibiting a great The Chair recognizes the gentleman fornia received under the American Re- deal of interest in investing in the program. from California. covery and Reinvestment Act. This We believe that America is a country with Mr. DENHAM. Madam Chair, once would have the effect of preventing the bold vision that does big things, and we be- again, I am here one more year, offer- FRA staff from providing routine lieve that robust investment in infrastructure benefits our industry and the American ing another amendment to end this in- project delivery oversight or invoicing public. Congressional efforts to impede new credible waste of taxpayer dollars. on all of the environmental work fund- public works projects in any one state send I have been clear about my position ed under the grant agreement. the wrong message to local, state and pri- on high-speed rail. High-speed rail has Do we want the Federal Government vate sector investors in every state who are a future in the United States. It just to conduct oversight on the projects willing to invest in sorely needed new infra- can’t be done as it is being done in that receive Federal funding? structure projects in any mode of transpor- California—$70 billion over budget and Furthermore, with the Recovery Act tation. completely changed from the propo- funds set to expire at the end of fiscal Moreover, the California High-Speed Rail sition that the voters originally voted year 2017, the amendment would make program represents the first ever effort to it virtually impossible for the Cali- build an intercity high-speed passenger rail on. If the Governor and the Obama ad- system in this country. California is at the ministration are committed to bring- fornia High-Speed Rail Authority to forefront of developing an entirely new ing this high-speed rail to fruition, spend all of its funding by the deadline. American industry where investments in and then it should go back before the vot- It would put the completion of the the development of new technologies, manu- ers and actually uphold the will of the project in grave jeopardy. In January, facturing capabilities, and innovative busi- voters. Governor Brown and other California ness practices will create high-skilled, good This is a case study. If you want to leaders came together to mark the paying jobs and benefit American public get it wrong, if you want to end high- commencement of construction for works for decades. The Authority is also op- California’s high-speed rail project. erating under a Community Benefits Agree- speed rail across the Nation, then go ment with skilled building trades and con- ahead and continue to waste dollars in The project is expected to create 20,000 tractors to promote training and apprentice- California on a project that continues jobs per year. ship programs and provide opportunities for to have many different flaws. This au- I include for the RECORD two letters— disadvantaged workers. Halting or impeding thority in California is not only demol- one from industry and one from labor this seminal program at its outset will set ishing homes, but it is demolishing groups. Both support the California our industry back and jeopardize thousands businesses. The only way they can con- high-speed rail project. of new middle-class jobs. tinue to get right-of-way is through MAY 12, 2015. We believe that the California High-Speed Hon. MARIO DIAZ-BALART, Rail program may serve as model of a Fed- eminent domain—slashing farms, tear- eral, state, industry and labor partnership ing down businesses, and now kicking Chairman, Subcommittee on Transportation, HUD, and Related Agencies, Committee on that creates jobs, links economies and com- people out of their homes. Appropriations, House of Representatives, munities, preserves our environment and Today, it was announced that, in- Washington DC. builds a sustainable future. Therefore, we re- stead of ending the initial construction Hon. DAVID E. PRICE, spectfully oppose the inclusion of harmful segment in the outskirts of Bakers- Ranking Member, Subcommittee on Transpor- riders in the fiscal year (FY) 2016 Transpor- field, the rail work will now stop just tation, HUD, and Related Agencies, Com- tation, Housing and Urban Development, and north of Shafter—a full 8 miles of what mittee on Appropriations, House of Rep- Related Agencies Appropriations Act that the original segment was—with still no resentatives, Washington DC. would target or impede efforts to construct We are writing to voice our strong support any specific high-speed rail project, includ- operating segment that will allow peo- for public works investment, including re- ing the California High-Speed Rail program. ple to travel from one end of the State cent efforts to develop, construct and deliver American Train Dispatchers Association; to the other or even from one end of high-speed intercity passenger rail service Brotherhood of Electrical Workers; the valley to the other. Currently, if for the first time in American history. Spe- Brotherhood of Railway Signalmen; you ride Amtrak from north to south, cifically, we oppose the inclusion of harmful International Association of Machin- you have to get off in Bakersfield, get riders in the fiscal year (FY) 2016 Transpor- ists and Aerospace Workers; Inter- on a bus, go over the mountains, and tation, Housing and Urban Development, and national Brotherhood of Boilermakers; take that bus until it hits rail in the Related Agencies Appropriations Act that International Union of Operating Engi- would target or impede efforts to construct neers; North America’s Building Trades LA area. Now we are going to have a any specific high-speed rail projects, includ- Unions; SMART Transportation Divi- bus in Shafter. This just doesn’t make ing the California High-Speed Rail program. sion; State Building and Construction any sense. They continue to change American public works infrastructure is at Trades Council of California; Transpor- over and over again. an inflection point, and this will be a pivotal tation Communications International

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.116 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3985 Union; Transportation Trades Depart- the California congressional delegation afford to leave the next generation ment, AFL–CIO; Transport Workers has overwhelmingly opposed these re- with an $87 billion hole that will con- Union International; UNITE HERE! strictive riders in the past, and I am tinue to not only put California in fur- happy to stand with them again to- ther debt, but will continue to show JUNE 1, 2015. Hon. SUSAN COLLINS, Chair, night, urging my colleagues to oppose that our priorities are misguided. Hon. JACK REED, Ranking Member, this amendment. I yield back the balance of my time. Subcommittee on Transportation, HUD, and Re- I yield back the balance of my time. The Acting CHAIR. The question is lated Agencies, Committee on Appropria- Mr. DENHAM. I yield 11⁄2 minutes to on the amendment offered by the gen- tions, U.S. Senate, Washington DC. the gentleman from California (Mr. tleman from California (Mr. DENHAM). DEAR SENATORS COLLINS AND REED: As you LAMALFA). The amendment was agreed to. prepare to consider the Senate’s version of Mr. LAMALFA. Madam Chair, I AMENDMENT OFFERED BY MR. PETERS the fiscal year (FY) 2016 ‘‘THUD’’ appropria- thank my colleague, Mr. DENHAM, for Mr. PETERS. I have an amendment tions bill, we are writing to ask you to avoid his hard work on curtailing this waste using the measure to set up roadblocks to at the desk. transportation investment. Specifically, we of taxpayer money. The Acting CHAIR. The Clerk will re- wanted to make you aware of policy lan- Here are just a few of the headlines port the amendment. guage contained in the House version of the currently on the Internet about Cali- The Clerk read as follows: FY 2016 THUD bill that seeks to block fed- fornia’s high-speed rail project: ‘‘Why At the end of the bill (before the short eral approvals for the California high speed California’s High-Speed Rail is Off title), insert the following: rail program. Track’’; ‘‘High-Speed Rail Brings Fears SEC. ll. None of the funds made available In January, Governor Jerry Brown and of Gutted Communities and Noise’’; by this Act may be used in contravention of other California leaders commemorated the Executive Order 11246 (relating to Equal Em- beginning of construction on the nation’s ‘‘High-Speed Rail Foes Cite Noise, ployment Opportunity). Property Value Concerns’’; ‘‘Protesters largest infrastructure project: a high-speed Mr. PETERS (during the reading). Rail Against High-Speed Rail Route railroad connecting Southern and Northern Madam Chair, I ask unanimous consent Proposal’’; ‘‘High-Speed Rail Oppo- California through the Central Valley. This that the amendment be considered as program, in which the state will be the pri- nents Expected to Converge at LA mary funder, will bring together public and read. Meeting’’; finally, ‘‘What an Unholy The Acting CHAIR. Is there objection private funds to create a transformative in- Mess This California Bullet Train vestment for California and the nation. Dur- to the request of the gentleman from Meeting is Going to Be.’’ California? ing construction, the program will create This is all reflected in southern Cali- 20,000 jobs per year. After it is open, it will Mr. DIAZ-BALART. Objection. help ensure a sustainable and growing eco- fornia planning for a route that isn’t The Acting CHAIR. Objection is nomic future for California. even planned yet; yet billions of dollars heard. By including language in its appropria- of the California taxpayers—but even The Clerk will read. tions bill intended to withhold federal sup- more importantly, in this body, Fed- The Clerk continued to read. port and approvals for the project, the House eral taxpayer dollars—are being The Acting CHAIR. Pursuant to is sending a message to all the states that planned and spent and will be spent if House Resolution 287, the gentleman major infrastructure projects—even after re- we don’t stop this here tonight for a ceiving federal grants and multiple federal from California (Mr. PETERS) and a approvals—are at risk of being halted in route, for a plan, for a project that Member opposed each will control 5 their tracks based on political consider- isn’t even a plan. minutes. ations in Washington, DC. You couldn’t send astronauts into The Chair recognizes the gentleman In a May 11 letter to House appropriators, outer space without a plan to bring from California. OMB Director Shaun Donovan also expressed them back, yet they are hell-bent on Mr. PETERS. Madam Chair, no the Administration’s opposition to the lan- this project to spend the money as fast American should be fired, denied a job guage in the House bill dealing with the Cali- as they can without having any idea or a place to live for being who they fornia High-Speed Rail program. We believe that the California high speed where the route is going to go; and we are or because of whom they love. rail program will serve as model of a Fed- are seeing people all over California Every American deserves to be treated eral, state, industry and labor partnership protest it, for a project that has tripled equally and with dignity. that creates jobs, links economies and com- in price from what the voters saw as My amendment would make a simple munities, preserves our environment and Prop 1A just 7 years ago. Yet here we change to the text of the bill but make builds a sustainable future. Therefore, we re- are 7 years later with a groundbreaking an important difference in the lives of spectfully request that your subcommittee that consists of knocking down some of LGBT Americans across the country. produce a bill free of any harmful riders in the houses and buildings without any President Obama signed an executive the FY 2016 Transportation, Housing and Urban Development, and Related Agencies track being laid, without a real project order in July 2014 to prohibit Federal Appropriations Act that would impede ef- they can actually count on being a true contractors from discriminating on the forts to construct any specific high-speed route under Prop 1A from San Fran- basis of sexual orientation or gender rail project, including the California High- cisco to Los Angeles. We need to put a identity against their employees or Speed Rail program. stop to this now. those seeking employment. This Thank you for your attention to our views. Mr. DENHAM. Madam Chair, as you amendment would affirm that order by Sincerely, have heard, this project is $70 billion ensuring that no funds in the bill are AMERICAN COUNCIL OF over budget. It has a shortfall of $87 used to conflict with the President’s ENGINEERING COMPANIES. billion. If my colleagues in California, AMERICAN PUBLIC rule. It would demonstrate to the TRANSPORTATION if the minority party of this body American people that Congress sup- ASSOCIATION. would like to continue on with this ports fairness and equality for all. AMERICAN ROAD AND project, then where is the $87 billion? I Today, only 18 States and the Dis- TRANSPORTATION don’t see a proposal from them, nor do trict of Columbia have nondiscrimina- BUILDERS ASSOCIATION. I see a proposal from the Governor for tion protections for LGBT commu- ASSOCIATION OF $87 billion. nities in sexual orientation and gender INDEPENDENT PASSENGER We have priorities in the State. As identity in both employment and hous- RAIL OPERATORS. you may know, we are going through a ing. That means that in a number of RAILWAY SUPPLY INSTITUTE. big drought in California. We would States an LGBT individual can get U.S. HIGH SPEED RAIL love to create the jobs. Let’s utilize the married in the morning and fired from ASSOCIATION. billions of dollars that would be spent his or her job or denied an application on high-speed rail over the next several in the afternoon for no other reason b 2130 decades on water projects that would than the change in marital status. Mr. PRICE of North Carolina. The actually help our infrastructure, our That is unacceptable. As a country administration has been very clear agriculture, as well as people through- that believes in equality for all people, that it strongly opposes provisions in out California. we must do better. this bill that would restrict the devel- There is a good way to spend tax- June is Pride Month, and in cities opment of high-speed rail. Moreover, payer dollars. This is not it. We cannot and towns across the country, millions

VerDate Sep 11 2014 06:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.087 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3986 CONGRESSIONAL RECORD — HOUSE June 9, 2015 of Americans will celebrate the vibrant My amendment would allow churches eral Government using Oklahoma tax- diversity of the LGBT communities and civic organizations to keep their payer dollars against the State of who are enriching our society. As we signs that are larger than 8 square feet. Oklahoma. It is Federal bullying. look forward toward full non- This is a reasonable amendment. It This amendment offered by my col- discrimination, we can help provide at would be beneficial to the safety of the league from Oklahoma is a good least a small window of equality for all traveling public and allow our Federal amendment. I fully support it, and I members of the LGBT community by Government to focus its resources on highly recommend my colleagues sup- passing this amendment. I urge my col- more critical infrastructure uses. We port it. leagues to stand on the side of equality need to be focusing on repairing our Mr. MULLIN. Our churches and our and against discrimination and support roads and bridges, not tearing down civic organizations have better ways to this amendment. church signs. spend their limited resources than I yield 2 minutes to the gentleman I reserve the balance of my time. tearing down signs. Our States would from North Carolina (Mr. PRICE). Mr. PRICE of North Carolina. Madam have more time on their hands to be Mr. PRICE of North Carolina. I Chair, I claim the time in opposition. looking at our roads and bridges if they thank the gentleman for yielding. The Acting CHAIR. The gentleman is didn’t have to go out and enforce a law Madam Chair, I simply want to com- recognized for 5 minutes. that our State doesn’t even want. If we mend him for offering this amendment Mr. PRICE of North Carolina. Madam could simply be focusing on the impor- and offer my enthusiastic support. Chair, this amendment would suspend tant issues, like our roads and our In various ways, we ensure that the enforcement of rules governing the size bridges, not wasting Federal dollars Federal Government doesn’t pay sub- of billboards for religious organizations and State dollars on enforcing an out- standard wages, doesn’t do other things and service clubs. These rules have of-date law, this wouldn’t even simply that are detrimental in the workplace been in place for a long time—since be an issue. or that set a low bar, set a low stand- 1975. I would urge my colleagues to sup- ard. This amendment adds to that, I As I understand it, the gentleman is port this commonsense amendment. think, in a very constructive way. It seeking to increase the allowable size I yield back the balance of my time. adds to worker protections by pre- of billboards for religious organizations The Acting CHAIR. The question is venting any company that does busi- and service clubs from 8 square feet to on the amendment offered by the gen- ness with the Government from firing 32 square feet. This isn’t the appro- tleman from Oklahoma (Mr. MULLIN). employees based on who they are and priate place to deal with this issue. We The amendment was agreed to. whom they love. have barely heard of it before it was of- AMENDMENT OFFERED BY MR. GROTHMAN I commend the gentleman. It is a fine fered. We certainly haven’t had exten- Mr. GROTHMAN. I have an amend- amendment. I hope colleagues will sup- sive deliberations, haven’t heard from ment at the desk. port it. State authorities, local authorities, The Acting CHAIR. The Clerk will re- Mr. PETERS. I yield back the bal- people who have a stake in this. It port the amendment. ance of my time. needs to be reviewed and debated with- The Clerk read as follows: in the context of the surface transpor- The Acting CHAIR. The question is At the end of the bill (before the short on the amendment offered by the gen- tation authorization. title), insert the following: tleman from California (Mr. PETERS). The authorizing committees are in SEC. ll. None of the funds made available The question was taken; and the Act- the midst of working on the new au- by this Act under the heading ‘‘Department ing Chair announced that the ayes ap- thorization bill right now. That is of Housing and Urban Development—Housing peared to have it. where I would suggest the gentleman Programs—Project-Based Rental Assist- Mr. MULLIN. Madam Chair, I de- might want to take his concerns. This ance’’ may be used for any family who is not mand a recorded vote. is not the place here tonight. I urge an elderly family or a disabled family (as colleagues to reject this amendment. such terms are defined in section 3(b) of the The Acting CHAIR. Pursuant to United States Housing Act of 1937 (42 U.S.C. clause 6 of rule XVIII, further pro- I yield back the balance of my time. 1437a(b)) and who was not receiving project- ceedings on the amendment offered by Mr. MULLIN. I yield 2 minutes to the based rental assistance under section 8 of the gentleman from California will be gentleman from Oklahoma (Mr. such Act (42 U.S.C. 1437f) as of October 1, postponed. BRIDENSTINE), my colleague. 2015, and the amount otherwise provided under such heading is reduced by $300,000,000. AMENDMENT OFFERED BY MR. MULLIN Mr. BRIDENSTINE. Madam Chair, I Mr. MULLIN. I have an amendment rise today to give my very strong sup- The Acting CHAIR. Pursuant to at the desk. port to this amendment offered by my House Resolution 287, the gentleman The Acting CHAIR. The Clerk will re- colleague from Oklahoma. from Wisconsin and a Member opposed port the amendment. The Federal Government creates a each will control 5 minutes. The Clerk read as follows: regulation. That regulation says that, The Chair recognizes the gentleman if you are a church or if you are a civic from Wisconsin. At the end of the bill, before the short group or if you are some kind of com- title, insert the following: b 2145 SEC. ll. None of the funds made available munity organization, you are limited by this Act may be used to enforce subpart B in the size of your sign to 8 square feet, Mr. GROTHMAN. The first thing we of part 750 of title 23, Code of Federal Regu- 2 feet by 4 feet; however, if you are a should look at when we look at this lations, regarding signs for service clubs and billboard company, you can have 25 budget is cost, and this is one program religious notices as defined in section 153(p) feet by 60 feet. This is discrimination that is going up in cost. We are still in of such part. against churches and civic groups that a position in this budget in which we The Acting CHAIR. Pursuant to I think is inappropriate. anticipate borrowing about 14 percent. House Resolution 287, the gentleman I would also say that the State of We have the $18 trillion debt. from Oklahoma and a Member opposed Oklahoma has weighed in. The State of This amendment will reduce the cost each will control 5 minutes. Oklahoma would like to regulate the in this budget by $300 million, which by The Chair recognizes the gentleman signs in the State of Oklahoma. I think itself is nothing to sneeze at, but the from Oklahoma. that is absolutely not only appropriate, real reason for this amendment is the Mr. MULLIN. Madam Chair, churches but I think it is constitutional that the perverse incentives in Section 8 and and civic groups are in danger of being State have the right to regulate the other tenant-based rental assistance forced to tear down their informational signs in its own State. programs. highway signs. Some of these signs Here is the sad part that I would like All of these programs are conditioned have stood for decades. The current law to let people know and understand. If upon, first, having little or no income. states that religious and civic groups the State of Oklahoma chooses not to It is wrong to encourage people not to can no longer have signs larger than 8 enforce this Federal regulation that is work. As I get around my district, I square feet. That is 2 feet by 4 feet. discriminatory, then the State of Okla- find so many employers who cannot However, ‘‘Free Coffee’’ signs in the homa risks losing 10 percent of its Fed- find employees today, in part, because same law are unlimited in size. eral funding for roads. This is the Fed- they feel it pays better not to work.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.121 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3987 Secondly, and more importantly, this and ask about those waiting lists. Ask The Acting CHAIR. Pursuant to program, like so many other programs how many people are waiting for a roof House Resolution 287, the gentleman designed to help poor people, has a over their head who are willing to from Wisconsin and a Member opposed huge marriage penalty associated with work, willing to participate in financ- each will control 5 minutes. it. In order to get this low-income ing, but need a leg up, the kind of sup- The Chair recognizes the gentleman housing, it almost encourages one—it port that tenant-based and project- from Wisconsin. does encourage one—to have children based Section 8 represents. Mr. GROTHMAN. I think all we without a mother and father at home. It escapes me why the gentleman talked about in that last amendment To continue this program or even ex- would offer this amendment in a bill applies to this amendment, with one pand this program to more people is to that is already at rock bottom. additional thing that people should just destroy the moral fiber of Amer- I urge my colleagues to reject this find offensive, because here we are ica. amendment, just as we did last week, dealing with project-based rental as- This amendment is tailored to not in- and I yield back the balance of my sistance. clude or not reduce low-income housing time. Not only are we encouraging some for the elderly or disabled. I am aware Mr. GROTHMAN. I do not give up people not to work very hard, not only of the fact that we have people in this hope that, by the time this budget rolls are we encouraging people not to raise country on Social Security maybe around next year, you see the wisdom children in an old-fashioned nuclear making $500 a month, and they may of the amendment. family, we are also kind of having a find it very difficult to find anywhere I think a lot of people get confused strong element of corporate welfare else to live, so I am not chipping away when they find waiting lists for this here, too, which is something I don’t at that part of the program. sort of program. If you are handing out care for. I will give you an example. In my dis- apartments for $25 a month, of course, Over time, we have this kind of in- trict, I talked to someone who ran one there are going to be waiting lists; so dustry growing up in which you oper- of these low-income projects—not Sec- that is not surprising. Even then, there ate low-income housing. In some ways, tion 8, but more of a project-based are certain areas in my State, in my I assume people are entering into it be- one—and they were very proud of what district, where they are trying to find cause it is more profitable than a pure, nice, low-income housing it was. It was people who are not in the local area to free market sort of thing; and I would very nice, very generous. They pointed fill these units because there is an ex- think that people who are opposed to out the only thing you needed to do to cess of units. corporate welfare ought to be opposed get these apartments for $25 a month Nevertheless, I think you want to to it for that reason as well. was to not have a job. Now, can you think about the perverse incentives I reserve the balance of my time. imagine anything so foolish as to en- you have in a program in which, the Mr. PRICE of North Carolina. Madam courage people to not have a job? more you work, the more your rent Chair, I claim the time in opposition. In any event, I hope this amendment goes up. In order to get in, in the first The Acting CHAIR. The gentleman is passes. I hope there is nobody else in place, you almost can’t work at all; recognized for 5 minutes. this room who would have any objec- and, secondly, what the long-term ef- Mr. PRICE of North Carolina. Madam tion to this commonsense amendment fect on our society is if you would tell Chair, here we go again with, once designed to restore the moral fiber that somebody that, if they raise a child out again, a reprisal of the amendment of- made America great. of wedlock, you get a free, air-condi- fered last week and rejected. I reserve the balance of my time. tioned, maybe two-bedroom, two-bath The amendment offered tonight sepa- Mr. PRICE of North Carolina. Madam apartment, but if you get married to rates that amendment in two: tenant- Chair, I claim the time in opposition. somebody with a job, you lose that based Section 8, project-based Section The Acting CHAIR. The gentleman is apartment—is that the type of incen- 8. recognized for 5 minutes. tive we want for the next generation? The argument does apply, I think, to Mr. PRICE of North Carolina. Madam I yield back the balance of my time. any of this assisted housing. It be- Chair, if there is an air of familiarity The Acting CHAIR. The question is hooves us to reflect on some numbers, about this amendment and what the on the amendment offered by the gen- I think. On any given night, 575,000 of gentleman has just said about his tleman from Wisconsin (Mr. our constituents are homeless, abso- amendment, listeners may want to GROTHMAN). lutely homeless. That is 50,000 vet- tune in and remind themselves of vir- The amendment was rejected. erans, by the way. tually this same amendment being of- AMENDMENT OFFERED BY MR. GROTHMAN They get on these waiting lists for fered last week. Mr. GROTHMAN. Madam Chair, I these Section 8 projects, and the wait- I should begin by saying that tenant- have an amendment at the desk. ing lists often have thousands of based Section 8 housing—a program, by The Acting CHAIR. The Clerk will re- names. They finally get into Section 8. the way, that conservatives should love port the amendment. They are paying a large proportion of because it is market based and the ten- The Clerk read as follows: their income in rent. They are strug- ants pay a substantial portion of their gling to get a leg up and struggle to At the end of the bill (before the short income in rent—tenant-based Section 8 title), insert the following: find jobs. housing in this bill is just barely held SEC. ll. None of the funds made available By the way, how likely is one to find even, with more or less level funding. by this Act under the heading ‘‘Department a job if one is homeless? If you are Of course, other things in the bill are of Housing and Urban Development—Public talking about self-reliance, isn’t it bet- treated much worse. and Indian Housing Programs—Tenant-Based ter to have a roof over your head and The gentleman apparently thinks Rental Assistance’’ may be used for any fam- have some of the basics of life so you there is too much money in this bill, ily who is not an elderly family or a disabled can go out and seek work? too much investment, with thousands family (as such terms are defined in section Evictions, we are talking about evic- 3(b) of the United States Housing Act of 1937 tions here. How does kicking out chil- on waiting lists across this country. (42 U.S.C. 1437a(b)) and who was not receiv- This amendment would certainly in- ing tenant-based rental assistance under sec- dren and how does kicking out families crease those waiting lists. tion 8 of such Act (42 U.S.C. 1437f) as of Octo- promote marriage, for goodness’ sake? Now, last week, it was $614 million ber 1, 2015, and the amount otherwise pro- How does it promote wedlock? How cut; this week, it is a $300 million cut— vided under such heading is reduced, the does it promote self-reliance? It is like- so not quite as many people would be amount specified under such heading for rely to promote destitution and despera- evicted. This week, the gentleman is newals of expiring section 8 tenant-based an- tion. saying that the elderly and the dis- nual contributions contracts is reduced, and We are a better country than this. I abled would not be evicted. Who does the amount specified under such heading for plead with colleagues, look at this administrative and other expenses of public that leave? It leaves everybody else; it housing agencies in administering the sec- amendment closely. Think about what leaves working families. tion 8 tenant-based rental assistance pro- we stand for. Think about the fact that I ask anyone in this body to go to gram) is reduced, by $300,000,000, $210,000,000, this bill is already inadequate. Let’s their local community house authority and $90,000,000, respectively. not make it worse.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.126 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3988 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Reject this amendment, and I yield Mr. ISSA. Madam Chair, this amend- Order of Police and other law enforce- back the balance of my time. ment reflects a simple principle. The ment entities asking Congress not to Mr. GROTHMAN. First of all, I would government does not and should not limit the use of this information. like to clarify something in the amend- have unchecked power to track Amer- NATIONAL FRATERNAL ment. The amendment does not apply ican citizens. ORDER OF POLICE, to people who were receiving rental as- There are many very legitimate rea- February 23, 2015. sistance—and neither did the other sons to observe license plates using Hon. MITCH MCCONNELL, Majority Leader, U.S. Senate, Washington, DC. amendment—prior to October 1 of this camera technology. Every day in Hon. HARRY M. REID, year. It is not a matter of kicking peo- America, law enforcement drives Minority Leader, U.S. Senate, Washington, DC. ple out; it is a matter of not putting through neighborhoods looking for sto- Hon. JOHN A. BOEHNER, any further people on. len cars. Cameras and computers iden- Speaker of the House, House of Representatives Furthermore, I think we have to dis- tify the number of that plate and run it Washington, DC. cuss how generous this benefit is. against a database to see if it is stolen. Hon. NANCY P. PELOSI, There are so many people in our soci- Minority Leader, House of Representatives, b 2200 ety who are living with parents, living Washington, DC. DEAR SENATOR MCCONNELL, MR. SPEAKER, with other family members, living with But again, there is no reason to store SENATOR REID AND REPRESENTATIVE PELOSI: I roommates, and working to afford that that data. The bulk collection of the location of every American’s auto- am writing on behalf of the members of the rent. To give somebody a freestanding Fraternal Order of Police to express our con- apartment—some of these are very nice mobile is well beyond a reasonable cern about continued efforts to portray auto- apartments, two-bedroom, two-bath, standard. It is a difficult one, but it is mated license plate recognition (ALPR) as air-conditioned apartments—without simple in this case. an ongoing, national real-time tracking sys- having to work at all to receive that The Federal Government should not tem operated by law enforcement. This is apartment is just a horrible incentive. provide money for cameras that indis- emphatically not the case. criminately bulk collect information We believe that there is a fundamental I would ask the gentleman to go back misunderstanding as to how ALPR tech- in his district and talk to people who on where you are at all times. I hope that this amendment will spark a nology is deployed and used by law enforce- live in the neighborhoods where they ment and other public safety agencies. Many have these subsidized projects. One of healthy dialogue similar to the one we people, including members of Congress, are the things I find is that sometimes peo- had on the PATRIOT Act, one in which under the impression that this technology is ple who live in maybe high-end areas we agreed that with a court order you being used by our national security appa- and are not familiar with these get can collect this kind of data, with a ratus to geotrack our citizens and monitor confused. court order you can seek it, with a their movements. Indeed, a Dear Colleague I think, if you talk to people who known database of stolen cars or want- letter circulated last year in support of an amendment defunding this technology was know people who live in this subsidized ed criminals, you can compare a camera image. entitled, ‘‘Stop NSA-like geotracking of in- housing, you will have no problem find- nocent Americans.’’ ing many anecdotes of people who are But the simple collection, in bulk, of This is not the case. To begin with, ALPR clearly not hurting materially; and, in your location of your car, 24 hours a data is simply a photograph of a vehicle’s li- order to keep their subsidies going, day, using thousands, tens of thousands cense plate in a public place at a particular they cannot work, work harder, or get or perhaps millions of cameras, is far point in time. Geotracking is the use of raises. Above all, they can’t get mar- too ‘‘1984’’ for Members of this body or Global Positioning System (GPS) data to the American people. track over time the movement of a specific ried. electronic device capable of emitting GPS lo- I think you have to ask yourself Madam Chair, I reserve the balance of my time. cation information. Conversely, ALPR data whether we ought to continue these is collected anonymously without personally programs that are around year after Mr. PRICE of North Carolina. Madam identifying information. A government agen- year after year or whether it is high Chair, I rise in opposition. cy with access to ALPR data may connect time to look at these programs; change The Acting CHAIR. The gentleman is that data to personal information from a the underlying qualifications; change recognized for 5 minutes. State’s vehicle registration system, but if the time limits; change the amount Mr. PRICE of North Carolina. Madam they do so without a legitimate law enforce- that has to be paid; and, quite frankly, Chair, this amendment is well-inten- ment or public safety purpose, then they are in violation of the Drivers’ Privacy Protec- also sometimes look at the very gen- tioned, I realize, but I think it is an overreach and certainly not appro- tion Act. Any other use of the data would be erous accommodations that the gov- an unjustifiable violation of privacy and ernment is providing, quite frankly, priate for this appropriations bill. Federal law. more generous accommodations than a Records of license plate information Thousands of local, State and Federal law lot of people who are working quite can serve as a helpful clue to investiga- enforcement agencies use ALPR data every hard have. tors. They can produce leads in crimi- day to generate leads in criminal investiga- I yield back the balance of my time. nal cases. This information is also used tions, apprehend murderers, respond to The Acting CHAIR. The question is routinely by law enforcement and by Amber and Silver alerts, find missing children, recover stolen vehicles, and protect our on the amendment offered by the gen- the National Center for Missing and Exploited Children to help find missing borders. Even something as simple as the use tleman from Wisconsin (Mr. of cameras at traffic lights and toll booths GROTHMAN). children. has a beneficial impact on the safety of our The amendment was rejected. I understand there are legitimate pri- roadways. AMENDMENT OFFERED BY MR. ISSA vacy concerns. I share those concerns. The FOP would also submit that the only Mr. ISSA. Madam Chair, I have an But there is already a Federal law that difference between the use of ALPR tech- amendment at the desk. governs the use of such data. The data nology and an officer taking down license is not used to track citizens in real plate information along with the time, date The Acting CHAIR. The Clerk will re- and location is the efficiency by which the port the amendment. time, despite what some assert. Putting restrictions on law enforce- data is collected. Every State in the Repub- The Clerk read as follows: lic mandates that every vehicle have a At the end of the bill, before the short ment’s ability to obtain and use this li- mounted and clearly visible license plate for title, insert the following: cense plate information without really the specific purpose of contributing to public SEC. ll. None of the funds made available fully exploring the facts or giving due safety, whether the data is collected by a fel- by this Act may be used to acquire a camera consideration to the consequences, this low citizen, law enforcement officer or cam- for the purpose of collecting or storing vehi- needs to be done by the appropriate era. cle license plate numbers. committees. But doing it here tonight With these facts in mind, it is our hope The Acting CHAIR. Pursuant to seems risky and unreasonable, actu- that Congress will recognize the substantial House Resolution 287, the gentleman ally, to expect us to legislate on this benefits this technology makes to public safety and oppose any legislation or amend- from California and a Member opposed matter in the context of this appro- ment that would restrict the use of ALPR by each will control 5 minutes. priations bill. law enforcement. The Chair recognizes the gentleman Madam Chair, I will insert into the On behalf of the more than 335,000 members from California. RECORD a letter from the Fraternal of the Fraternal Order of Police, I thank you

VerDate Sep 11 2014 06:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.128 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3989 for your consideration of our views. If I can national Association of Chiefs of Police; eral days of floor debate on the 2016 provide any further information about law Mike Sena, Director, Northern California Transportation, Housing and Urban De- enforcement’s use of ALPR technology, Regional Intelligence Center, President, Na- velopment Appropriations bill. please do not hesitate to contact me or Exec- tional Fusion Center Association; Ronald C. I want to, again, express my appre- utive Director Jim Pasco in my Washington Sloan, Director, Colorado Bureau of Inves- ciation to Chairman DIAZ-BALART, sub- office. tigation, President, Association of State Sincerely, Criminal Investigative Agencies; Sheriff committee members from both sides of CHUCK CANTERBURY, Donny Youngblood, President, Major County the aisle, and our remarkable, dedi- National President. Sheriffs’ Association; Bob Bushman, Presi- cated staff for all the hard work that dent, National Narcotic Officers’ Associa- has gone into this bill and for the or- MARCH 9, 2015. tions’ Coalition; Jonathan Thompson, Execu- derly and civil character of our floor Hon. JOHN BOEHNER, tive Director, National Sheriffs’ Association; deliberations. Speaker. William Johnson, Executive Director, Na- I very much wish that all of this Hon. NANCY PELOSI, tional Association of Police Organizations; work and all of our efforts at coopera- Minority Leader, Mike Moore, President, National District At- tion were being more adequately re- House of Representatives. torneys Association; Andrews Matthews, warded, but they are not. And that is Hon. MITCH MCCONNELL, Chairman, National Troopers Coalition. Majority Leader. not the chairman’s fault. It is the fault Mr. PRICE of North Carolina. I urge of the majority’s profoundly misguided Hon. HARRY REID, opposition to the amendment, and I Minority Leader, U.S. Senate, Washington, DC. and flawed budget policy, a policy that DEAR SPEAKER BOEHNER, LEADER PELOSI, yield back the balance of my time. has left this bill a mere shadow of what LEADER MCCONNELL, AND LEADER REID: We Mr. ISSA. Madam Chair, in closing, I it should be and has decimated the in- are deeply concerned about efforts to portray respect the gentleman’s opinion, but vestments a great country should be automated license plate recognition (ALPR) we are not legislating on this appro- making. technology as a national real-time tracking priations bill. What we are doing is de- Make no mistake, Madam Chair, our capability for law enforcement. The fact is termining that the relevant commit- that this technology and the data it gen- roads, our highways are crumbling. tees of jurisdiction have not authorized One out of every nine bridges in this erates is not used to track people in real broad collection of data of the Amer- time. ALPR is used every day to generate in- country is structurally deficient and in vestigative leads that help law enforcement ican people. need of repair or replacement. solve murders, rapes, and serial property The committees of jurisdiction have Americans spend the equivalent of crimes, recover abducted children, detect not authorized this sort of proactive one work week a year sitting in con- drug and human trafficking rings, find stolen tracking of people because, at some gestion caused by overcrowded high- vehicles, apprehend violent criminal alien point, someday there may be a reason ways. The capital backlog for our tran- fugitives, and support terrorism investiga- to use that database. So, in fact, it is sit systems is nearly $78 billion. tions. perfectly appropriate not to spend the And make no mistake, our public There is a misconception of continuous money, not to authorize the money government tracking of individuals using housing resources don’t meet the basic ALPR information. This has led to attempts until or unless the authorizing com- needs of millions of vulnerable and to curtail law enforcement’s use of the tech- mittees have made a thorough decision low-income Americans. On any given nology without a proper and fair effort to of what should be authorized and what night, 575,000 of our constituents, in- truly understand the anonymous nature of safeguards need to be in order. cluding more than 50,000 veterans, are the data, how it is used, and how it is pro- So my amendment will simply limit, homeless. The maintenance backlog for tected. until such time as a legislating amend- public housing approaches $25 billion. We are seeing harmful proposals—appro- ment or authorization from a com- Madam Chair, this is a defining crisis priations amendments and legislation—to restrict or completely ban law enforcement’s mittee can, in fact, ensure that we for our generation. This bill, which is use of ALPR technology and data without both authorize law enforcement to col- intended to help improve housing and any effort to truly understand the issue. Yet, lect and protect the privacy of Amer- transportation options and create jobs any review would make clear that the value ican citizens because, ultimately, these for hard-working American families, of this technology is beyond question, and are the taxpayer dollars of the Amer- will, instead, dig the hole deeper by that protections against mis-use of the data ican citizens and the privacy embodied cutting everything from safety pro- by law enforcement are already in place. in the Constitution and guaranteed to grams to transportation construction That is one of the reasons why critics are every citizen. grants to maintenance budgets for pub- hard-pressed to identify any actual instances Therefore, I insist that Members con- lic housing. of mis-use. If legislative efforts to curtail ALPR use sider voting for an amendment that It would be bad enough if the cuts are successful, federal, state, and local law recognizes, just as the minority clearly were limited to our transportation and enforcement’s ability to investigate crimes said, we have not yet had a debate on housing systems, but Republicans have will be significantly impacted given the ex- the basis under which we should pay taken the same shortsighted approach tensive use of the technology today. for the bulk collection against the with each of this year’s domestic ap- We call on Congress to foster a reasonable American people without their permis- propriations bills. and transparent discussion about ALPR. We sion or safeguards of their rights. Unfortunately, the majority has tar- believe strong measures can be taken to en- geted domestic appropriations to bear sure citizens’ privacy while enabling law en- I urge support for the amendment, forcement investigators to take advantage of and I yield back the balance of my the entire brunt of deficit reduction. the technology. Strict data access controls, time. That means deep cuts, not just to our mandatory auditing of all use of ALPR sys- The Acting CHAIR. The question is transportation and housing infrastruc- tems, and regular reporting on the use of the on the amendment offered by the gen- ture but also to research support, pro- technology and data prevent misuse of the tleman from California (Mr. ISSA). grams that make college more afford- capability while enabling law enforcement to The question was taken; and the Act- able, the very things that make this make productive use of it. Adoption and ening Chair announced that the noes ap- country the envy of the world. forcement of strong policies on the use of peared to have it. Meanwhile, the majority lacks the ALPR and other technologies by individual courage to address the real drivers of law enforcement agencies would also help. Mr. ISSA. Madam Chair, I demand a We strongly urge members of the House recorded vote. the deficit, which I think most Mem- and Senate to understand and recognize the The Acting CHAIR. Pursuant to bers of this Chamber realize are tax ex- substantial daily benefits of this technology clause 6 of rule XVIII, further pro- penditures and entitlement spending. to protect the public and investigate dan- ceedings on the amendment offered by In the 1990s, we achieved budget sur- gerous criminals. We urge opposition to any the gentleman from California will be pluses as the result of concerted bipar- bill or amendment that would restrict the postponed. tisan efforts to balance the budget use of ALPR without full consideration of Mr. PRICE of North Carolina. Madam through a comprehensive approach. We the issue. Chair, I move to strike the last word. actually paid off $400 billion of the na- Sincerely, J. Thomas Manger, Chief of Police, Mont- The Acting CHAIR. The gentleman is tional debt. gomery County Police Department, Presi- recognized for 5 minutes. Until we have a similar budget agree- dent, Major Cities Chiefs Police Association; Mr. PRICE of North Carolina. Madam ment this year, one that sets respon- Chief Richard Beary, President, Inter- Chair, we are coming to the end of sev- sible funding and revenue levels across

VerDate Sep 11 2014 06:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.068 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3990 CONGRESSIONAL RECORD — HOUSE June 9, 2015 the board, we cannot write a bill that Amendment by Mr. YOHO of Florida. Massie Price, Tom Stefanik McCarthy Ratcliffe Stewart addresses our country’s crumbling Amendment by Mr. BROOKS of Ala- McCaul Reed Stivers roads and bridges, that brings our rail bama. McClintock Renacci Stutzman system up to first-world standards, or Amendment by Mr. HULTGREN of Illi- McHenry Ribble Thompson (PA) that provides shelter for America’s el- nois. McKinley Rice (SC) Thornberry derly, disabled, and other vulnerable McMorris Rigell Tiberi Amendment by Mr. MEEHAN of Penn- Rodgers Roby Tipton populations. sylvania. McSally Roe (TN) Trott In fact, we cannot make any of the Amendment by Mr. GARRETT of New Meadows Rogers (AL) Turner investments that we simply have to Meehan Rogers (KY) Upton Jersey. Messer Rohrabacher make to continue as the greatest coun- Valadao Amendment by Mr. ELLISON of Min- Mica Rokita Wagner try in the world. So I implore my col- nesota. Miller (FL) Rooney (FL) Walberg leagues to vote ‘‘no’’ on this short- Miller (MI) Ros-Lehtinen Walden Amendment No. 28 by Mr. EMMER of Moolenaar Roskam Walker sighted, irresponsible bill, but beyond Minnesota. Mooney (WV) Ross Walorski that, to consider the long-term con- Mullin Rothfus Amendment by Mr. PETERS of Cali- Walters, Mimi Mulvaney Rouzer sequences of the fiscal course we are fornia. Weber (TX) Murphy (PA) Royce on. We simply have to make a correc- Webster (FL) Amendment by Mr. ISSA of Cali- Neugebauer Russell tion for our country’s sake. Newhouse Ryan (WI) Wenstrup fornia. Westerman I yield back the balance of my time. The Chair will reduce to 2 minutes Noem Salmon Nugent Sanford Westmoreland Mr. DIAZ-BALART. Madam Chair, I the time for any electronic vote after Whitfield move to strike the last word. Nunes Scalise the first vote in this series. Olson Schweikert Williams The Acting CHAIR. The gentleman Palazzo Scott, Austin Wilson (SC) AMENDMENT OFFERED BY MR. YOHO from Florida is recognized for 5 min- Palmer Sensenbrenner Wittman utes. The Acting CHAIR. The unfinished Paulsen Sessions Womack business is the demand for a recorded Pearce Shimkus Woodall Mr. DIAZ-BALART. Madam Chair, I Perry Shuster Yoder want to thank the ranking member, vote on the amendment offered by the Pittenger Simpson Yoho first, for his kind words towards me gentleman from Florida (Mr. YOHO) on Pitts Sinema Young (AK) right now but, more importantly, for which further proceedings were post- Poe (TX) Smith (MO) Young (IA) poned and on which the ayes prevailed Poliquin Smith (NE) Young (IN) his willingness to work with me, to Pompeo Smith (NJ) Zeldin spend the time, the effort. Both he and by voice vote. Posey Smith (TX) Zinke his staff, the committee staff, have, The Clerk will redesignate the frankly, worked awfully hard on mak- amendment. NOES—181 ing sure we do the best job that we can, The Clerk redesignated the amend- Aguilar Frankel (FL) Murphy (FL) ment. Ashford Fudge Nadler and I am grateful for that. Bass Gabbard Napolitano I just very briefly want to just men- RECORDED VOTE Beatty Gallego Neal tion that this bill, this is a bill that The Acting CHAIR. A recorded vote Bera Garamendi Nolan prioritizes funding and funds our coun- has been demanded. Beyer Graham Norcross Bishop (GA) Grayson O’Rourke try’s priorities. It is a balanced bill. A recorded vote was ordered. Blumenauer Green, Al Pallone And very important, Madam Chair, The vote was taken by electronic de- Bonamici Green, Gene Pascrell this is a bill, that, yes, it does not raise vice, and there were—ayes 244, noes 181, Boyle, Brendan Grijalva Payne taxes. F. Gutie´rrez Pelosi not voting 8, as follows: Brady (PA) Hahn Perlmutter Now, I know that a lot of folks have [Roll No. 319] Brown (FL) Hastings Peters Brownley (CA) Heck (WA) Peterson talked about the President’s requests AYES—244 and the President’s requests. And the Bustos Higgins Pingree Abraham Cuellar Hensarling Butterfield Himes Pocan President’s requests for this area are Aderholt Culberson Herrera Beutler Capps Hinojosa Polis much higher in many areas than what Allen Curbelo (FL) Hice, Jody B. Capuano Honda Price (NC) this bill is funding. Amash Davis, Rodney Hill Carney Hoyer Quigley But let’s remember a couple of Amodei Dent Holding Carson (IN) Huffman Rangel Babin DeSantis Hudson Cartwright Israel Reichert things. The President has massive Barletta DesJarlais Huelskamp Castor (FL) Jackson Lee Rice (NY) taxes, tax increases in his proposals, Barr Diaz-Balart Huizenga (MI) Castro (TX) Jeffries Richmond number one. And also, that this bill ad- Barton Donovan Hultgren Chu, Judy Johnson (GA) Roybal-Allard Benishek Duffy Hunter Cicilline Johnson, E. B. Ruiz heres to not only the budget that was Bilirakis Duncan (SC) Hurd (TX) Clark (MA) Kaptur Ruppersberger passed by Congress, House and Senate, Bishop (MI) Duncan (TN) Issa Clarke (NY) Keating Rush but this bill adheres to the law, the law Bishop (UT) Ellmers (NC) Jenkins (KS) Clay Kelly (IL) Ryan (OH) that was passed by Congress and signed Black Emmer (MN) Jenkins (WV) Clyburn Kennedy Sa´ nchez, Linda Blackburn Farenthold Johnson (OH) Cohen Kildee T. by the President of the United States, Blum Fitzpatrick Johnson, Sam Connolly Kilmer Sanchez, Loretta the so-called ‘‘sequester’’ law. Bost Fleischmann Jolly Conyers Kind Sarbanes So if we go above and beyond that Boustany Fleming Jones Cooper Kirkpatrick Schakowsky Brady (TX) Flores Jordan Costa Kuster Schiff level, which some people, I guess, don’t Brat Forbes Joyce Courtney Langevin Schrader remember, it is fake. It gets seques- Bridenstine Fortenberry Katko Crowley Larsen (WA) Scott (VA) tered. Brooks (AL) Foxx Kelly (MS) Cummings Larson (CT) Scott, David So, Madam Chair, again, I thank the Brooks (IN) Franks (AZ) Kelly (PA) Davis (CA) Lawrence Serrano Buchanan Frelinghuysen King (IA) Davis, Danny Lee Sewell (AL) ranking member for his hard work. Buck Garrett King (NY) DeGette Levin Sherman This is a balanced bill. It is a good Bucshon Gibbs Kinzinger (IL) Delaney Lewis Sires bill. It is a responsible bill. It pays and Burgess Gibson Kline DeLauro Lieu, Ted Slaughter funds the priorities of this great coun- Byrne Gohmert Knight DelBene Loebsack Smith (WA) Calvert Goodlatte Labrador Denham Lofgren Speier try. And I am going to ask for our col- Carter (GA) Gosar LaMalfa DeSaulnier Lowenthal Swalwell (CA) leagues to give us a favorable vote on Carter (TX) Gowdy Lamborn Deutch Lowey Takai this fine bill. Chabot Granger Lance Dingell Lujan Grisham Takano Chaffetz Graves (GA) Latta Doggett (NM) Thompson (CA) I yield back the balance of my time. Clawson (FL) Graves (LA) Lipinski Dold Luja´ n, Ben Ray Thompson (MS) f Coffman Graves (MO) LoBiondo Doyle, Michael (NM) Titus Cole Griffith Long F. Lynch Tonko ANNOUNCEMENT BY THE ACTING Collins (GA) Grothman Loudermilk Duckworth Matsui Torres CHAIR Collins (NY) Guinta Love Edwards McCollum Tsongas Comstock Guthrie Lucas Ellison McDermott Van Hollen The Acting CHAIR. Pursuant to Conaway Hanna Luetkemeyer Engel McGovern Vargas clause 6 of rule XVIII, proceedings will Cook Hardy Lummis Eshoo McNerney Veasey now resume on those amendments on Costello (PA) Harper MacArthur Esty Meeks Vela Cramer Harris Maloney, Sean Farr Meng Vela´ zquez which further proceedings were post- Crawford Hartzler Marchant Fattah Moore Visclosky poned in the following order: Crenshaw Heck (NV) Marino Foster Moulton Walz

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.133 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3991 Wasserman Watson Coleman Yarmuth McCarthy Ratcliffe Stewart Wasserman Watson Coleman Yarmuth Schultz Welch McCaul Reed Stivers Schultz Welch Waters, Maxine Wilson (FL) McClintock Renacci Stutzman Waters, Maxine Wilson (FL) McHenry Ribble NOT VOTING—8 Thompson (PA) NOT VOTING—7 McKinley Rice (SC) Thornberry Adams Cleaver Hurt (VA) McMorris Rigell Tiberi Adams Cleaver Maloney, Becerra DeFazio Maloney, Rodgers Roby Tipton Becerra DeFazio Carolyn Ca´ rdenas Fincher Carolyn McSally Roe (TN) Trott Ca´ rdenas Fincher Meadows Rogers (AL) Turner Meehan Rogers (KY) ANNOUNCEMENT BY THE ACTING CHAIR Upton b 2237 Messer Rohrabacher Valadao The Acting CHAIR (during the vote). Mica Rokita There is 1 minute remaining. Messrs. NORCROSS and CONNOLLY Miller (FL) Rooney (FL) Wagner changed their vote from ‘‘aye’’ to ‘‘no.’’ Miller (MI) Ros-Lehtinen Walberg Walden 2242 Ms. STEFANIK, Messrs. CALVERT Moolenaar Roskam b Walker and NUNES changed their vote from Mooney (WV) Ross So the amendment was agreed to. Mullin Rothfus Walorski ‘‘no’’ to ‘‘aye.’’ Mulvaney Rouzer Walters, Mimi The result of the vote was announced So the amendment was agreed to. Murphy (PA) Royce Weber (TX) as above recorded. The result of the vote was announced Neugebauer Russell Webster (FL) AMENDMENT OFFERED BY MR. HULTGREN Newhouse Ryan (WI) Wenstrup as above recorded. Noem Salmon Westerman The Acting CHAIR. The Chair will re- AMENDMENT OFFERED BY MR. BROOKS OF Nugent Sanford Westmoreland mind Members these are 2-minute ALABAMA Nunes Scalise Whitfield votes. The Acting CHAIR. The unfinished Olson Schweikert Williams The unfinished business is the de- Palazzo Scott, Austin Wilson (SC) business is the demand for a recorded Palmer Sensenbrenner Wittman mand for a recorded vote on the Paulsen vote on the amendment offered by the Sessions Womack amendment offered by the gentleman Pearce Shimkus gentleman from Alabama (Mr. BROOKS) Woodall from Illinois (Mr. HULTGREN) on which Perry Shuster Yoder on which further proceedings were Pittenger Simpson further proceedings were postponed and postponed and on which the ayes pre- Pitts Sinema Yoho on which the noes prevailed by voice Young (AK) vailed by voice vote. Poe (TX) Smith (MO) vote. Poliquin Smith (NE) Young (IA) The Clerk will redesignate the Pompeo Smith (NJ) Young (IN) The Clerk will redesignate the amendment. Posey Smith (TX) Zeldin amendment. The Clerk redesignated the amend- Price, Tom Stefanik Zinke The Clerk redesignated the amendment. ment. NOES—180 RECORDED VOTE RECORDED VOTE Aguilar Frankel (FL) Nadler The Acting CHAIR. A recorded vote Ashford Fudge Napolitano The Acting CHAIR. A recorded vote has been demanded. Bass Gabbard Neal has been demanded. A recorded vote was ordered. Beatty Gallego Nolan A recorded vote was ordered. The Acting CHAIR. This will be a 2- Bera Garamendi Norcross The Acting CHAIR. This will be a 2- Beyer Graham O’Rourke minute vote. Bishop (GA) Grayson Pallone minute vote. The vote was taken by electronic de- Blumenauer Green, Al Pascrell The vote was taken by electronic device, and there were—ayes 246, noes 180, Bonamici Green, Gene Payne vice, and there were—ayes 240, noes 186, Boyle, Brendan Grijalva not voting 7, as follows: Pelosi not voting 7, as follows: F. Gutie´rrez Perlmutter [Roll No. 320] Brady (PA) Hahn Peters [Roll No. 321] Brown (FL) Hastings AYES—246 Peterson AYES—240 Brownley (CA) Heck (WA) Pingree Abraham Culberson Hice, Jody B. Bustos Higgins Pocan Abraham Dingell Hice, Jody B. Aderholt Curbelo (FL) Hill Butterfield Himes Polis Aderholt Donovan Hill Allen Davis, Rodney Holding Capps Hinojosa Price (NC) Allen Duckworth Holding Amash Dent Hudson Capuano Honda Amash Duffy Hudson Quigley Amodei DeSantis Huelskamp Carney Hoyer Amodei Duncan (SC) Huelskamp Rangel Babin DesJarlais Huizenga (MI) Carson (IN) Huffman Ashford Duncan (TN) Huizenga (MI) Reichert Barletta Diaz-Balart Hultgren Cartwright Israel Babin Edwards Hultgren Rice (NY) Barr Donovan Hunter Castor (FL) Jackson Lee Barletta Ellmers (NC) Hunter Richmond Barton Duffy Hurd (TX) Castro (TX) Jeffries Barr Emmer (MN) Hurd (TX) Roybal-Allard Benishek Duncan (SC) Hurt (VA) Chu, Judy Johnson (GA) Bishop (UT) Eshoo Hurt (VA) Ruiz Bilirakis Duncan (TN) Issa Cicilline Johnson, E. B. Black Esty Issa Ruppersberger Bishop (MI) Ellmers (NC) Jenkins (KS) Clark (MA) Kaptur Blackburn Farenthold Jenkins (KS) Rush Bishop (UT) Emmer (MN) Jenkins (WV) Clarke (NY) Keating Blum Farr Jenkins (WV) Ryan (OH) Black Farenthold Johnson (OH) Clay Kelly (IL) Bonamici Fitzpatrick Johnson (OH) ´ Blackburn Fitzpatrick Johnson, Sam Clyburn Kennedy Sanchez, Linda Bost Fleischmann Jolly Blum Fleischmann Jolly Cohen Kildee T. Boustany Fleming Jones Bost Fleming Jones Connolly Kilmer Sanchez, Loretta Brady (TX) Flores Jordan Boustany Flores Jordan Conyers Kind Sarbanes Brat Forbes Joyce Brady (TX) Forbes Joyce Cooper Kirkpatrick Schakowsky Bridenstine Fortenberry Katko Brat Fortenberry Katko Costa Kuster Schiff Brooks (AL) Foster Kelly (MS) Bridenstine Foxx Kelly (MS) Courtney Langevin Schrader Buchanan Foxx Kelly (PA) Brooks (AL) Franks (AZ) Kelly (PA) Crowley Larsen (WA) Scott (VA) Buck Frankel (FL) King (IA) Brooks (IN) Frelinghuysen King (IA) Cummings Larson (CT) Scott, David Bucshon Franks (AZ) King (NY) Buchanan Garrett King (NY) Davis (CA) Lawrence Serrano Burgess Frelinghuysen Kline Buck Gibbs Kinzinger (IL) Davis, Danny Lee Sewell (AL) Bustos Garrett Knight Bucshon Gibson Kline DeGette Levin Sherman Byrne Gibbs Labrador Burgess Gohmert Knight Delaney Lewis Sires Calvert Gibson LaMalfa Byrne Goodlatte Labrador DeLauro Lieu, Ted Slaughter Carter (GA) Gohmert Lamborn Calvert Gosar LaMalfa DelBene Loebsack Smith (WA) Chabot Goodlatte Lance Carter (GA) Gowdy Lamborn Denham Lofgren Speier Chaffetz Gosar Latta Carter (TX) Granger Lance DeSaulnier Lowenthal Swalwell (CA) Clawson (FL) Gowdy Lipinski Chabot Graves (GA) Latta Deutch Lowey Takai Coffman Graves (GA) LoBiondo Chaffetz Graves (LA) Lipinski Dingell Lujan Grisham Takano Cole Graves (LA) Long Clawson (FL) Graves (MO) LoBiondo Doggett (NM) Thompson (CA) Collins (GA) Graves (MO) Loudermilk Coffman Griffith Long Dold Luja´ n, Ben Ray Thompson (MS) Comstock Griffith Love Cole Grothman Loudermilk Doyle, Michael (NM) Titus Conaway Grothman Lucas Collins (GA) Guinta Love F. Matsui Tonko Cook Guinta Luetkemeyer Collins (NY) Guthrie Lucas Duckworth McCollum Torres Courtney Guthrie Lummis Comstock Hanna Luetkemeyer Edwards McDermott Tsongas Cramer Gutie´rrez Lynch Conaway Hardy Lummis Ellison McGovern Van Hollen Crawford Hardy MacArthur Cook Harper Lynch Engel McNerney Vargas Crowley Harper Maloney, Sean Costello (PA) Harris MacArthur Eshoo Meeks Veasey Davis, Rodney Harris Marchant Cramer Hartzler Maloney, Sean Esty Meng Vela DelBene Hartzler Marino Crawford Heck (NV) Marchant Farr Moore Vela´ zquez Dent Hastings Massie Crenshaw Hensarling Marino Fattah Moulton Visclosky DeSantis Hensarling McCarthy Cuellar Herrera Beutler Massie Foster Murphy (FL) Walz DesJarlais Herrera Beutler McCaul

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.053 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3992 CONGRESSIONAL RECORD — HOUSE June 9, 2015 McClintock Poliquin Smith (NJ) Waters, Maxine Welch Wilson (FL) Moolenaar Rogers (AL) Thornberry McCollum Pompeo Smith (TX) Watson Coleman Westmoreland Yarmuth Mullin Rogers (KY) Tiberi McHenry Posey Stefanik Mulvaney Rohrabacher Tipton McMorris Price, Tom Stewart NOT VOTING—7 Murphy (PA) Rooney (FL) Trott Rodgers Ratcliffe Stivers Adams Cleaver Maloney, Neal Ros-Lehtinen Upton McNerney Reed Stutzman Becerra DeFazio Carolyn Neugebauer Roskam Valadao Meadows Renacci Thompson (PA) Ca´ rdenas Fincher Newhouse Rothfus Walden Meng Ribble Thornberry Nugent Rouzer Walorski ANNOUNCEMENT BY THE ACTING CHAIR Mica Rice (SC) Tipton Nunes Royce Walters, Mimi Miller (FL) Rigell Wagner The Acting CHAIR (during the vote). Olson Russell Weber (TX) Moolenaar Roby Walberg There is 1 minute remaining. Palazzo Ryan (WI) Webster (FL) Mooney (WV) Roe (TN) Walden Palmer Salmon Wenstrup Moulton Rokita Walker Pearce Scalise Westerman Mullin Rooney (FL) b 2247 Perry Schweikert Westmoreland Walorski Mulvaney Roskam Pittenger Scott, Austin Whitfield Walz Ms. WILSON of Florida changed her Murphy (FL) Ross Pitts Sessions Williams Wasserman Murphy (PA) Rothfus vote from ‘‘aye’’ to ‘‘no.’’ Poliquin Shuster Wilson (SC) Schultz Neugebauer Rouzer Price, Tom Simpson Wittman Weber (TX) Mses. EDWARDS, SINEMA, Messrs. Noem Royce Ratcliffe Smith (NE) Womack Webster (FL) MOULTON and JENKINS of West Vir- Nolan Ruiz Reed Smith (NJ) Yoder Nugent Russell Wenstrup ginia changed their vote from ‘‘no’’ to Renacci Smith (TX) Yoho Nunes Ryan (OH) Westerman ‘‘aye.’’ Rigell Stefanik Young (AK) Olson Ryan (WI) Whitfield Roby Stewart Young (IA) Williams So the amendment was agreed to. Palazzo Salmon The result of the vote was announced Roe (TN) Thompson (PA) Zeldin Palmer Sanford Wilson (SC) Paulsen Scalise Wittman as above recorded. NOES—227 Womack Pearce Schweikert AMENDMENT OFFERED BY MR. MEEHAN Perlmutter Scott, Austin Woodall Aguilar Garamendi Noem Perry Sensenbrenner Yoder The Acting CHAIR. The unfinished Ashford Graham Nolan Peters Sessions Yoho business is the demand for a recorded Barton Graves (MO) Norcross Peterson Shimkus Young (AK) Bass Grayson O’Rourke vote on the amendment offered by the Beatty Green, Al Pallone Pingree Simpson Young (IA) gentleman from Pennsylvania (Mr. Pittenger Sinema Young (IN) Bera Green, Gene Pascrell Pitts Smith (MO) Zeldin MEEHAN) on which further proceedings Beyer Grijalva Paulsen Poe (TX) Smith (NE) Zinke were postponed and on which the ayes Bishop (GA) Grothman Payne Bishop (MI) Gutie´rrez Pelosi prevailed by voice vote. NOES—186 Blumenauer Hahn Perlmutter The Clerk will redesignate the Bonamici Hartzler Peters Aguilar Gallego Neal amendment. Bost Hastings Peterson Barton Garamendi Newhouse The Clerk redesignated the amend- Brady (PA) Heck (NV) Pingree Bass Graham Norcross Brooks (AL) Heck (WA) Pocan Beatty Granger O’Rourke ment. Brown (FL) Herrera Beutler Poe (TX) Benishek Grayson Pallone RECORDED VOTE Brownley (CA) Hice, Jody B. Polis Bera Green, Al Pascrell Buchanan Higgins Pompeo Beyer Green, Gene Payne The Acting CHAIR. A recorded vote Buck Hinojosa Posey Bilirakis Grijalva Pelosi has been demanded. Bustos Holding Price (NC) Bishop (GA) Hahn Pocan A recorded vote was ordered. Butterfield Honda Quigley Bishop (MI) Hanna Polis The Acting CHAIR. This will be a 2- Capps Hoyer Rangel Blumenauer Heck (NV) Price (NC) Capuano Hudson Reichert Boyle, Brendan Heck (WA) Quigley minute vote. Carson (IN) Huelskamp Ribble F. Higgins Rangel The vote was taken by electronic de- Cartwright Huffman Rice (NY) Brady (PA) Himes Reichert vice, and there were—ayes 199, noes 227, Castor (FL) Israel Rice (SC) Brooks (IN) Hinojosa Castro (TX) Jackson Lee Richmond Rice (NY) not voting 7, as follows: Brown (FL) Honda Richmond Chabot Jenkins (KS) Rokita Brownley (CA) Hoyer Rogers (AL) [Roll No. 322] Chu, Judy Jenkins (WV) Ross Butterfield Huffman Cicilline Johnson (GA) Roybal-Allard Rogers (KY) AYES—199 Capps Israel Rohrabacher Clark (MA) Johnson, E. B. Ruiz Capuano Jackson Lee Abraham DesJarlais Jeffries Clay Joyce Ros-Lehtinen Ruppersberger Carney Jeffries Aderholt Diaz-Balart Johnson (OH) Clyburn Kaptur Rush Roybal-Allard Carson (IN) Johnson (GA) Allen Donovan Johnson, Sam Cohen Kelly (IL) Ryan (OH) Ruppersberger Carter (TX) Johnson, E. B. Amash Duncan (TN) Jolly Cole Kennedy Sa´ nchez, Linda Rush Cartwright Johnson, Sam Amodei Ellmers (NC) Jones Collins (GA) Kildee T. Sa´ nchez, Linda Castor (FL) Kaptur Babin Emmer (MN) Jordan Conaway Kilmer Sanchez, Loretta T. Castro (TX) Keating Barletta Engel Katko Connolly Kind Sanford Sanchez, Loretta Chu, Judy Kelly (IL) Barr Esty Keating Conyers Kirkpatrick Sarbanes Sarbanes Cicilline Kennedy Benishek Farenthold Kelly (MS) Cooper Kuster Schakowsky Schakowsky Clark (MA) Kildee Bilirakis Fitzpatrick Kelly (PA) Costa LaMalfa Schiff Schiff Clarke (NY) Kilmer Bishop (UT) Fleischmann King (IA) Cramer Langevin Schrader Schrader Clay Kind Black Fleming King (NY) Crowley Larsen (WA) Scott (VA) Scott (VA) Clyburn Kinzinger (IL) Blackburn Flores Kinzinger (IL) Cuellar Lawrence Scott, David Cohen Kirkpatrick Scott, David Blum Forbes Kline Culberson Lee Sensenbrenner Collins (NY) Kuster Serrano Boustany Foxx Knight Cummings Levin Serrano Connolly Langevin Sewell (AL) Boyle, Brendan Franks (AZ) Labrador Davis (CA) Lewis Sewell (AL) Conyers Larsen (WA) Sherman F. Frelinghuysen Lamborn Davis, Danny Lieu, Ted Sherman Cooper Larson (CT) Shuster Brady (TX) Garrett Lance Davis, Rodney Lipinski Shimkus Costa Lawrence Sires Brat Gibbs Larson (CT) DeGette Loebsack Sinema Costello (PA) Lee Slaughter Bridenstine Gibson Latta Delaney Lofgren Sires Crenshaw Levin Smith (WA) Brooks (IN) Gohmert LoBiondo DeLauro Long Slaughter Cuellar Lewis Speier Bucshon Goodlatte Loudermilk DelBene Lowenthal Smith (MO) Culberson Lieu, Ted Swalwell (CA) Burgess Gosar Love DeSaulnier Lucas Smith (WA) Cummings Loebsack Takai Byrne Gowdy Lowey Deutch Luetkemeyer Speier Curbelo (FL) Lofgren Takano Calvert Granger Lummis Dingell Lujan Grisham Stivers Davis (CA) Lowenthal Thompson (CA) Carney Graves (GA) Lynch Doggett (NM) Stutzman Davis, Danny Lowey Thompson (MS) Carter (GA) Graves (LA) MacArthur Dold Luja´ n, Ben Ray Swalwell (CA) DeGette Lujan Grisham Tiberi Carter (TX) Griffith Marchant Doyle, Michael (NM) Takai Delaney (NM) Titus Chaffetz Guinta Marino F. Maloney, Sean Takano DeLauro Luja´ n, Ben Ray Tonko Clarke (NY) Guthrie Massie Duckworth Matsui Thompson (CA) Denham (NM) Torres Clawson (FL) Hanna McCarthy Duffy McCollum Thompson (MS) DeSaulnier Matsui Trott Coffman Hardy McCaul Duncan (SC) McDermott Titus Deutch McDermott Tsongas Collins (NY) Harper McClintock Edwards McGovern Tonko Diaz-Balart McGovern Turner Comstock Harris McHenry Ellison McKinley Torres Doggett McKinley Upton Cook Hensarling McMorris Eshoo McNerney Tsongas Dold McSally Valadao Costello (PA) Hill Rodgers Farr Meadows Turner Doyle, Michael Meehan Van Hollen Courtney Himes McSally Fattah Miller (MI) Van Hollen F. Meeks Vargas Crawford Huizenga (MI) Meehan Fortenberry Mooney (WV) Vargas Ellison Messer Veasey Crenshaw Hultgren Meeks Foster Moore Veasey Engel Miller (MI) Vela Curbelo (FL) Hunter Meng Frankel (FL) Moulton Vela Fattah Moore Vela´ zquez Denham Hurd (TX) Messer Fudge Murphy (FL) Vela´ zquez Fudge Nadler Visclosky Dent Hurt (VA) Mica Gabbard Nadler Visclosky Gabbard Napolitano Walters, Mimi DeSantis Issa Miller (FL) Gallego Napolitano Wagner

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.055 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3993 Walberg Waters, Maxine Yarmuth Mullin Rogers (KY) Tiberi NOT VOTING—7 Walker Watson Coleman Young (IN) Mulvaney Rohrabacher Tipton Adams Cleaver Maloney, Walz Welch Zinke Murphy (PA) Rokita Trott Becerra DeFazio Wasserman Wilson (FL) Neugebauer Rooney (FL) Carolyn Valadao Ca´ rdenas Fincher Schultz Woodall Newhouse Roskam Wagner Noem Ross NOT VOTING—7 Walberg ANNOUNCEMENT BY THE ACTING CHAIR Nugent Rothfus Walden The Acting CHAIR (during the vote). Adams Cleaver Maloney, Nunes Rouzer Walker Becerra DeFazio Carolyn Olson Royce Walorski There is 1 minute remaining. ´ Palazzo Russell Cardenas Fincher Walters, Mimi Palmer Ryan (WI) Weber (TX) 2254 ANNOUNCEMENT BY THE ACTING CHAIR Paulsen Salmon b Pearce Sanford Webster (FL) The Acting CHAIR (during the vote). Wenstrup So the amendment was agreed to. There is 1 minute remaining. Perry Scalise The result of the vote was announced Pittenger Schweikert Westerman Pitts Scott, Austin Westmoreland as above recorded. b 2251 Whitfield Poe (TX) Sensenbrenner AMENDMENT OFFERED BY MR. ELLISON Williams So the amendment was rejected. Poliquin Sessions The Acting CHAIR. The unfinished The result of the vote was announced Pompeo Shimkus Wilson (SC) Posey Shuster Wittman business is the demand for a recorded as above recorded. Price, Tom Simpson Womack vote on the amendment offered by the Ratcliffe Smith (MO) AMENDMENT OFFERED BY MR. GARRETT Woodall gentleman from Minnesota (Mr. ELLI- The Acting CHAIR. The unfinished Reed Smith (NE) Yoder Reichert Smith (NJ) Yoho SON) on which further proceedings were business is the demand for a recorded Renacci Smith (TX) Young (AK) postponed and on which the noes pre- vote on the amendment offered by the Ribble Stewart Young (IA) vailed by voice vote. Rice (SC) Stivers gentleman from New Jersey (Mr. GAR- Young (IN) Roby The Clerk will redesignate the Stutzman Zeldin RETT) on which further proceedings Roe (TN) Thompson (PA) amendment. Zinke were postponed and on which the noes Rogers (AL) Thornberry The Clerk redesignated the amend- prevailed by voice vote. ment. NOES—195 The Clerk will redesignate the RECORDED VOTE amendment. Aguilar Garamendi Norcross Ashford Gibson O’Rourke The Acting CHAIR. A recorded vote The Clerk redesignated the amend- Bass Graham Pallone has been demanded. ment. Beatty Granger Pascrell A recorded vote was ordered. RECORDED VOTE Bera Grayson Payne Beyer Green, Al Pelosi The Acting CHAIR. This will be a 2- The Acting CHAIR. A recorded vote Bishop (GA) Green, Gene Perlmutter minute vote. has been demanded. Blumenauer Grijalva Peters The vote was taken by electronic de- A recorded vote was ordered. Bonamici Gutie´rrez Peterson vice, and there were—ayes 182, noes 243, Boustany Hahn Pingree The Acting CHAIR. This will be a 2- Boyle, Brendan Hastings Pocan not voting 8, as follows: minute vote. F. Heck (WA) Polis [Roll No. 324] Brady (PA) Higgins Price (NC) The vote was taken by electronic de- AYES—182 vice, and there were—ayes 231, noes 195, Brown (FL) Himes Quigley Brownley (CA) Hinojosa Rangel Aguilar Engel Lujan Grisham not voting 7, as follows: Bustos Honda Rice (NY) Ashford Eshoo (NM) [Roll No. 323] Butterfield Hoyer Richmond Bass Esty Luja´ n, Ben Ray Capps Huffman Rigell Beatty Farr (NM) AYES—231 Capuano Israel Ros-Lehtinen Bera Fattah Lynch Abraham Dent Hurt (VA) Carney Jackson Lee Roybal-Allard Beyer Fitzpatrick Maloney, Sean Aderholt DeSantis Issa Carson (IN) Jeffries Ruiz Bishop (GA) Foster Matsui Allen DesJarlais Jenkins (KS) Cartwright Johnson (GA) Ruppersberger Blumenauer Frankel (FL) McCollum Amash Donovan Jenkins (WV) Castor (FL) Johnson, E. B. Rush Bonamici Fudge McDermott Amodei Duffy Johnson (OH) Castro (TX) Kaptur Ryan (OH) Boyle, Brendan Gabbard McGovern Babin Duncan (SC) Johnson, Sam Chu, Judy Katko Sa´ nchez, Linda F. Gallego McNerney Barletta Duncan (TN) Jolly Cicilline Keating T. Brady (PA) Garamendi Meeks Barr Ellmers (NC) Jones Clark (MA) Kelly (IL) Sanchez, Loretta Brown (FL) Graham Meng Barton Emmer (MN) Jordan Clarke (NY) Kennedy Sarbanes Brownley (CA) Grayson Moore Benishek Farenthold Joyce Clay Kildee Schakowsky Bustos Green, Al Moulton Bilirakis Fitzpatrick Kelly (MS) Clyburn Kilmer Schiff Butterfield Green, Gene Murphy (FL) Bishop (MI) Fleischmann Kelly (PA) Cohen Kind Schrader Capps Grijalva Nadler Bishop (UT) Fleming King (IA) Connolly Kirkpatrick Scott (VA) Capuano Gutie´rrez Napolitano Black Flores King (NY) Conyers Kuster Scott, David Carney Hahn Neal Blackburn Forbes Kinzinger (IL) Cooper Langevin Serrano Carson (IN) Hastings Nolan Blum Fortenberry Kline Costa Larsen (WA) Sewell (AL) Cartwright Heck (WA) Norcross Bost Foxx Knight Courtney Larson (CT) Sherman Castor (FL) Higgins O’Rourke Brady (TX) Franks (AZ) Labrador Crowley Lawrence Sinema Castro (TX) Himes Pallone Brat Garrett LaMalfa Cuellar Lee Sires Chu, Judy Hinojosa Pascrell Bridenstine Gibbs Lamborn Cummings Levin Slaughter Cicilline Honda Payne Brooks (AL) Gohmert Lance Davis (CA) Lewis Smith (WA) Clark (MA) Hoyer Pelosi Brooks (IN) Goodlatte Latta Davis, Danny Lieu, Ted Speier Clarke (NY) Huffman Perlmutter Buchanan Gosar LoBiondo DeGette Lipinski Stefanik Clay Israel Peters Buck Gowdy Long Delaney Loebsack Swalwell (CA) Clyburn Jackson Lee Peterson Bucshon Graves (GA) Loudermilk DeLauro Lofgren Takai Cohen Jeffries Pingree Burgess Graves (LA) Love DelBene Lowenthal Takano Connolly Johnson (GA) Pocan Byrne Graves (MO) Lucas DeSaulnier Lowey Thompson (CA) Conyers Johnson, E. B. Polis Calvert Griffith Luetkemeyer Deutch Lujan Grisham Thompson (MS) Cooper Kaptur Price (NC) Carter (GA) Grothman Lummis Diaz-Balart (NM) Titus Costa Keating Quigley Carter (TX) Guinta MacArthur Dingell Luja´ n, Ben Ray Tonko Courtney Kelly (IL) Rangel Chabot Guthrie Marchant Doggett (NM) Torres Crowley Kennedy Rice (NY) Chaffetz Hanna Marino Dold Lynch Tsongas Cuellar Kildee Richmond Clawson (FL) Hardy Massie Doyle, Michael Maloney, Sean Turner Cummings Kilmer Roybal-Allard Coffman Harper McCarthy F. Matsui Upton Davis (CA) Kind Ruiz Cole Harris McCaul Duckworth McCollum Van Hollen Davis, Danny Kirkpatrick Ruppersberger Collins (GA) Hartzler McClintock Edwards McDermott Vargas DeGette Kuster Rush Collins (NY) Heck (NV) McHenry Ellison McGovern Veasey Delaney Langevin Ryan (OH) Comstock Hensarling McMorris Engel McKinley Vela DeLauro Larson (CT) Sa´ nchez, Linda Conaway Herrera Beutler Rodgers Eshoo McNerney Vela´ zquez DelBene Lawrence T. Cook Hice, Jody B. McSally Esty Meeks Visclosky DeSaulnier Lee Sanchez, Loretta Costello (PA) Hill Meadows Farr Meng Walz Deutch Levin Sarbanes Cramer Holding Meehan Fattah Moore Wasserman Dingell Lewis Schakowsky Crawford Hudson Messer Foster Moulton Schultz Doggett Lieu, Ted Schiff Crenshaw Huelskamp Mica Frankel (FL) Murphy (FL) Waters, Maxine Doyle, Michael Lipinski Schrader Culberson Huizenga (MI) Miller (FL) Frelinghuysen Nadler Watson Coleman F. Loebsack Scott (VA) Curbelo (FL) Hultgren Miller (MI) Fudge Napolitano Welch Duckworth Lofgren Scott, David Davis, Rodney Hunter Moolenaar Gabbard Neal Wilson (FL) Edwards Lowenthal Serrano Denham Hurd (TX) Mooney (WV) Gallego Nolan Yarmuth Ellison Lowey Sewell (AL)

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.057 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3994 CONGRESSIONAL RECORD — HOUSE June 9, 2015

Sherman Thompson (MS) Visclosky ANNOUNCEMENT BY THE ACTING CHAIR Scalise Stivers Weber (TX) Sinema Titus Walz The Acting CHAIR (during the vote). Schweikert Stutzman Wenstrup Sires Tonko Wasserman Scott, Austin Thornberry Westerman Slaughter Torres Schultz There is 1 minute remaining. Sensenbrenner Tiberi Westmoreland Smith (WA) Tsongas Waters, Maxine Sessions Tipton Williams Speier Van Hollen Watson Coleman b 2257 Shimkus Trott Wilson (SC) Swalwell (CA) Vargas Welch Shuster Upton Wittman Takai Veasey Wilson (FL) So the amendment was rejected. Simpson Valadao Womack Takano Vela Smith (MO) Wagner Woodall Yarmuth The result of the vote was announced Thompson (CA) Vela´ zquez Smith (NE) Walberg Yoder as above recorded. Smith (NJ) Walden Yoho NOES—243 AMENDMENT NO. 28 OFFERED BY MR. EMMER OF Smith (TX) Walker Young (IA) Abraham Guinta Pearce MINNESOTA Stefanik Walorski Young (IN) Stewart Walters, Mimi Zinke Aderholt Guthrie Perry The Acting CHAIR. The unfinished Allen Hanna Pittenger NOES—214 Amash Hardy Pitts business is the demand for a recorded Amodei Harper Poe (TX) vote on the amendment offered by the Aguilar Gibson Nadler Babin Harris Poliquin gentleman from Minnesota (Mr. Amodei Graham Napolitano Barletta Hartzler Ashford Granger Neal Pompeo EMMER) on which further proceedings Barr Heck (NV) Posey Bass Grayson Nolan Beatty Green, Al Barton Hensarling Price, Tom were postponed and on which the ayes Norcross Benishek Green, Gene Benishek Herrera Beutler Ratcliffe prevailed by voice vote. O’Rourke Bera Grijalva Bilirakis Hice, Jody B. Reed Pallone The Clerk will redesignate the Beyer Gutie´rrez Bishop (MI) Hill Reichert Pascrell amendment. Bishop (GA) Hahn Bishop (UT) Holding Renacci Payne Black Hudson The Clerk redesignated the amend- Blumenauer Harper Pelosi Ribble Bonamici Hastings Blackburn Huelskamp Rice (SC) ment. Perlmutter Blum Huizenga (MI) Boyle, Brendan Heck (WA) Rigell Peters Bost Hultgren RECORDED VOTE F. Higgins Roby Peterson Boustany Hunter The Acting CHAIR. A recorded vote Brady (PA) Hill Pingree Roe (TN) Brown (FL) Himes Brady (TX) Hurd (TX) Pocan Rogers (AL) has been demanded. Brownley (CA) Hinojosa Brat Hurt (VA) Polis Rogers (KY) A recorded vote was ordered. Buchanan Honda Bridenstine Issa Price (NC) Rohrabacher Bustos Hoyer Brooks (AL) Jenkins (KS) The Acting CHAIR. This will be a 2- Quigley Rokita Butterfield Huffman Brooks (IN) Jenkins (WV) minute vote. Rangel Rooney (FL) Capps Israel Buchanan Johnson (OH) The vote was taken by electronic de- Rice (NY) Buck Johnson, Sam Ros-Lehtinen Capuano Jackson Lee Roskam vice, and there were—ayes 212, noes 214, Carney Jeffries Richmond Bucshon Jolly Roybal-Allard Burgess Jones Ross Carson (IN) Jenkins (KS) not voting 7, as follows: Ruiz Byrne Jordan Rothfus Cartwright Johnson (GA) [Roll No. 325] Ruppersberger Calvert Joyce Rouzer Castor (FL) Johnson, E. B. Rush Carter (GA) Katko Royce AYES—212 Castro (TX) Jolly Russell Chu, Judy Joyce Ryan (OH) Carter (TX) Kelly (MS) Abraham Forbes McCaul Ryan (WI) Cicilline Kaptur Sa´ nchez, Linda Chabot Kelly (PA) Aderholt Foxx McClintock Salmon Clark (MA) Keating T. Chaffetz King (IA) Allen Franks (AZ) McHenry Sanford Clarke (NY) Kelly (IL) Sanchez, Loretta Clawson (FL) King (NY) Amash Garrett McMorris Clay Kelly (PA) Sarbanes Coffman Kinzinger (IL) Scalise Babin Gibbs Rodgers Clyburn Kennedy Schakowsky Cole Kline Schweikert Barletta Gohmert McSally Cohen Kildee Schiff Collins (GA) Knight Scott, Austin Barr Goodlatte Meadows Comstock Kilmer Schrader Collins (NY) Labrador Sensenbrenner Barton Gosar Messer Connolly Kind Scott (VA) Comstock LaMalfa Sessions Bilirakis Gowdy Mica Conyers King (NY) Scott, David Conaway Lamborn Shimkus Bishop (MI) Graves (GA) Miller (FL) Cooper Kinzinger (IL) Serrano Cook Lance Shuster Bishop (UT) Graves (LA) Miller (MI) Costa Kirkpatrick Sewell (AL) Costello (PA) Larsen (WA) Simpson Black Graves (MO) Moolenaar Costello (PA) Kuster Sherman Cramer Latta Smith (MO) Blackburn Griffith Mooney (WV) Courtney Langevin Sinema Crawford LoBiondo Smith (NE) Blum Grothman Mullin Crowley Larsen (WA) Sires Crenshaw Long Smith (NJ) Bost Guinta Mulvaney Cuellar Larson (CT) Culberson Loudermilk Smith (TX) Boustany Guthrie Slaughter Neugebauer Cummings Lawrence Curbelo (FL) Love Stefanik Brady (TX) Hanna Smith (WA) Newhouse Davis (CA) Lee Davis, Rodney Lucas Stewart Brat Hardy Speier Noem Davis, Danny Levin Denham Luetkemeyer Stivers Bridenstine Harris Swalwell (CA) Nugent DeGette Lewis Dent Lummis Brooks (AL) Hartzler Takai Thompson (PA) Nunes Delaney Lieu, Ted DeSantis MacArthur Brooks (IN) Heck (NV) Takano Thornberry Olson DeLauro Lipinski DesJarlais Marchant Buck Hensarling Thompson (CA) Tiberi Palazzo DelBene LoBiondo Diaz-Balart Marino Bucshon Herrera Beutler Thompson (MS) Tipton Palmer DeSaulnier Loebsack Dold Massie Burgess Hice, Jody B. Thompson (PA) Trott Paulsen Deutch Lofgren Donovan McCarthy Byrne Holding Titus Turner Pearce Dingell Lowenthal Duffy McCaul Calvert Hudson Tonko Upton Perry Doggett Lowey Duncan (SC) McClintock Carter (GA) Huelskamp Torres Valadao Pittenger Dold Lujan Grisham Duncan (TN) McHenry Carter (TX) Huizenga (MI) Tsongas Wagner Pitts Donovan (NM) Ellmers (NC) McKinley Chabot Hultgren Turner Walberg Poe (TX) Doyle, Michael Luja´ n, Ben Ray Emmer (MN) McMorris Chaffetz Hunter Van Hollen Walden Poliquin F. (NM) Farenthold Rodgers Clawson (FL) Hurd (TX) Walker Pompeo Duckworth Lynch Vargas Fleischmann McSally Coffman Hurt (VA) Walorski Posey Edwards MacArthur Veasey Fleming Meadows Cole Issa Walters, Mimi Price, Tom Ellison Maloney, Sean Vela Flores Meehan Collins (GA) Jenkins (WV) ´ Weber (TX) Ratcliffe Engel Marino Velazquez Forbes Messer Collins (NY) Johnson (OH) Webster (FL) Reed Eshoo Matsui Visclosky Fortenberry Mica Conaway Johnson, Sam Reichert Wenstrup Esty McCollum Walz Foxx Miller (FL) Cook Jones Renacci Westerman Farr McDermott Wasserman Franks (AZ) Miller (MI) Cramer Jordan Ribble Westmoreland Fattah McGovern Schultz Frelinghuysen Moolenaar Crawford Katko Rice (SC) Whitfield Fitzpatrick McKinley Waters, Maxine Garrett Mooney (WV) Crenshaw Kelly (MS) Rigell Williams Fortenberry McNerney Watson Coleman Gibbs Mullin Culberson King (IA) Roby Wilson (SC) Foster Meehan Webster (FL) Gibson Mulvaney Curbelo (FL) Kline Roe (TN) Wittman Frankel (FL) Meeks Welch Gohmert Murphy (PA) Davis, Rodney Knight Rogers (AL) Womack Frelinghuysen Meng Whitfield Goodlatte Neugebauer Denham Labrador Rogers (KY) Woodall Fudge Moore Wilson (FL) Gosar Newhouse Dent LaMalfa Rohrabacher Yoder Gabbard Moulton Yarmuth Gowdy Noem DeSantis Lamborn Rokita Gallego Murphy (FL) Young (AK) Granger Nugent Yoho DesJarlais Lance Rooney (FL) Garamendi Murphy (PA) Zeldin Graves (GA) Nunes Young (AK) Diaz-Balart Latta Ros-Lehtinen Graves (LA) Olson Young (IA) Duffy Long Roskam NOT VOTING—7 Graves (MO) Palazzo Young (IN) Duncan (SC) Loudermilk Ross Adams Cleaver Maloney, Griffith Palmer Zeldin Duncan (TN) Love Rothfus Becerra DeFazio Grothman Paulsen Zinke Ellmers (NC) Lucas Rouzer Carolyn Ca´ rdenas Fincher Emmer (MN) Luetkemeyer Royce NOT VOTING—8 Farenthold Lummis Russell ANNOUNCEMENT BY THE ACTING CHAIR Adams Cleaver Maloney, Fleischmann Marchant Ryan (WI) Becerra DeFazio Carolyn Fleming Massie Salmon The Acting CHAIR (during the vote). Ca´ rdenas Fincher Stutzman Flores McCarthy Sanford There is 1 minute remaining.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.086 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3995 b 2301 Rigell Serrano Van Hollen b 2305 Rohrabacher Sewell (AL) Vargas So the amendment was rejected. Rokita Sherman Veasey So the amendment was agreed to. The result of the vote was announced Rooney (FL) Sinema Vela The result of the vote was announced as above recorded. Ros-Lehtinen Sires Vela´ zquez as above recorded. Roybal-Allard Slaughter Visclosky AMENDMENT OFFERED BY MR. PETERS Royce Smith (WA) Walden AMENDMENT OFFERED BY MR. ISSA The Acting CHAIR. The unfinished Ruiz Speier Walters, Mimi The Acting CHAIR. The unfinished Ruppersberger Stefanik Walz business is the demand for a recorded Rush Swalwell (CA) business is the demand for a recorded Wasserman vote on the amendment offered by the Ryan (OH) Takai vote on the amendment offered by the Schultz gentleman from California (Mr. Ryan (WI) Takano gentleman from California (Mr. ISSA) Sa´ nchez, Linda Thompson (CA) Waters, Maxine PETERS) on which further proceedings T. Thompson (MS) Watson Coleman on which further proceedings were were postponed and on which the ayes Sanchez, Loretta Tiberi Welch postponed and on which the noes pre- prevailed by voice vote. Sarbanes Titus Wilson (FL) vailed by voice vote. The Clerk will redesignate the Schakowsky Tonko Yarmuth The Clerk will redesignate the Schiff Torres Young (AK) amendment. Schrader Tsongas Young (IN) amendment. The Clerk redesignated the amend- Scott (VA) Upton Zeldin The Clerk redesignated the amendment. Scott, David Valadao ment. RECORDED VOTE NOES—184 RECORDED VOTE The Acting CHAIR. A recorded vote Abraham Grothman Pearce The Acting CHAIR. A recorded vote has been demanded. Aderholt Guthrie Perry has been demanded. A recorded vote was ordered. Allen Hardy Pittenger A recorded vote was ordered. The Acting CHAIR. This will be a 2- Amodei Harper Pitts The Acting CHAIR. This will be a 2- Babin Harris Poe (TX) minute vote. Barletta Hartzler Pompeo minute vote. The vote was taken by electronic de- Barr Hensarling Posey The vote was taken by electronic device, and there were—ayes 241, noes 184, Barton Herrera Beutler Price, Tom vice, and there were—ayes 297, noes 129, answered ‘‘present’’ 1, not voting 7, as Bilirakis Hice, Jody B. Ratcliffe not voting 7, as follows: Bishop (MI) Hill Ribble follows: Bishop (UT) Holding Rice (SC) [Roll No. 327] [Roll No. 326] Black Hudson Roby AYES—297 Blackburn Huelskamp AYES—241 Roe (TN) Blum Huizenga (MI) Rogers (AL) Abraham Diaz-Balart Jenkins (WV) Aderholt Dingell Aguilar Donovan Lance Bost Hultgren Rogers (KY) Johnson (OH) Allen Doggett Johnson, Sam Amash Doyle, Michael Langevin Boustany Hunter Roskam Amash Doyle, Michael Jones Ashford F. Larsen (WA) Brady (TX) Hurt (VA) Ross Amodei F. Jordan Bass Duckworth Larson (CT) Brat Jenkins (KS) Rothfus Babin Duffy Joyce Beatty Duffy Lawrence Bridenstine Johnson (OH) Rouzer Barr Duncan (SC) Kaptur Benishek Edwards Lee Brooks (AL) Johnson, Sam Russell Buchanan Jones Barton Duncan (TN) Keating Bera Ellison Levin Salmon Buck Jordan Benishek Edwards Kelly (MS) Beyer Emmer (MN) Lewis Sanford Burgess Kelly (MS) Bera Ellison Kelly (PA) Bishop (GA) Engel Lieu, Ted Scalise Byrne Kelly (PA) Bilirakis Ellmers (NC) King (IA) Blumenauer Eshoo LoBiondo Schweikert Carter (GA) King (IA) Bishop (MI) Emmer (MN) Kinzinger (IL) Bonamici Esty Loebsack Scott, Austin Carter (TX) King (NY) Bishop (UT) Eshoo Kline Boyle, Brendan Farr Lofgren Sensenbrenner Chabot Kline Black Farenthold Knight F. Fattah Lowenthal Sessions Chaffetz Labrador Blackburn Fattah Kuster Brady (PA) Fitzpatrick Lowey Shimkus Clawson (FL) LaMalfa Blum Fleischmann Labrador Brooks (IN) Foster Lujan Grisham Shuster Cole Lamborn Bost Fleming LaMalfa Brown (FL) Frankel (FL) (NM) Simpson Brownley (CA) Frelinghuysen Luja´ n, Ben Ray Collins (GA) Latta Boustany Flores Lamborn Collins (NY) Long Smith (MO) Brady (TX) Forbes Lance Bucshon Fudge (NM) Smith (NE) Bustos Gabbard Lynch Comstock Loudermilk Brat Fortenberry Larson (CT) Conaway Love Smith (NJ) Bridenstine Foxx Latta Butterfield Gallego MacArthur Smith (TX) Calvert Garamendi Cramer Lucas Brooks (AL) Franks (AZ) Lieu, Ted Maloney, Sean Stewart Capps Gibson Matsui Crawford Luetkemeyer Brownley (CA) Gabbard LoBiondo Stivers Capuano Graham McCollum Crenshaw Lummis Buchanan Garrett Lofgren Stutzman Carney Grayson McDermott Culberson Marchant Buck Gibbs Long Thompson (PA) Carson (IN) Green, Al McGovern DeSantis Marino Bucshon Gibson Loudermilk Thornberry Cartwright Green, Gene McKinley DesJarlais Massie Burgess Gohmert Love Tipton Castor (FL) Grijalva McNerney Duncan (SC) McCarthy Bustos Gosar Lucas Trott Castro (TX) Guinta McSally Duncan (TN) McCaul Butterfield Gowdy Luetkemeyer Turner Chu, Judy Gutie´rrez Meehan Ellmers (NC) McClintock Byrne Graves (GA) Lujan Grisham Wagner Cicilline Hahn Meeks Farenthold McHenry Calvert Graves (LA) (NM) Walberg Clark (MA) Hanna Meng Fleischmann McMorris Capuano Graves (MO) Luja´ n, Ben Ray Walker Clarke (NY) Hastings Messer Fleming Rodgers Carter (GA) Grayson (NM) Clay Heck (NV) Moore Flores Meadows Walorski Carter (TX) Green, Al Lummis Clyburn Heck (WA) Moulton Forbes Mica Weber (TX) Castro (TX) Green, Gene Marchant Coffman Higgins Murphy (FL) Fortenberry Miller (FL) Webster (FL) Chabot Griffith Marino Cohen Himes Nadler Foxx Miller (MI) Wenstrup Clark (MA) Grijalva Massie Connolly Hinojosa Napolitano Franks (AZ) Moolenaar Westerman Clarke (NY) Grothman Matsui Conyers Honda Neal Garrett Mooney (WV) Westmoreland Clawson (FL) Guinta McCarthy Cook Hoyer Newhouse Gibbs Mullin Whitfield Clay Guthrie McCaul Cooper Huffman Nolan Gohmert Mulvaney Williams Coffman Gutie´rrez McClintock Costa Hurd (TX) Norcross Goodlatte Murphy (PA) Wilson (SC) Cohen Hanna McCollum Costello (PA) Israel O’Rourke Gosar Neugebauer Wittman Cole Hardy McGovern Courtney Issa Pallone Gowdy Noem Womack Collins (GA) Harper McHenry Crowley Jackson Lee Pascrell Granger Nugent Woodall Collins (NY) Harris McKinley Cuellar Jeffries Paulsen Graves (GA) Nunes Yoder Conaway Hartzler McMorris Cummings Jenkins (WV) Payne Graves (LA) Olson Yoho Connolly Heck (NV) Rodgers Curbelo (FL) Johnson (GA) Pelosi Graves (MO) Palazzo Young (IA) Conyers Hensarling McSally Davis (CA) Johnson, E. B. Perlmutter Griffith Palmer Zinke Cook Herrera Beutler Meadows Davis, Danny Jolly Peters Costa Hice, Jody B. Messer Davis, Rodney Joyce Peterson ANSWERED ‘‘PRESENT’’—1 Costello (PA) Hill Mica Courtney Hinojosa Miller (FL) DeGette Kaptur Pingree Lipinski Delaney Katko Pocan Cramer Holding Miller (MI) Crawford Hudson Moolenaar DeLauro Keating Poliquin NOT VOTING—7 DelBene Kelly (IL) Polis Crenshaw Huelskamp Mooney (WV) Denham Kennedy Price (NC) Adams Cleaver Maloney, Culberson Huizenga (MI) Moore Dent Kildee Quigley Becerra DeFazio Carolyn Curbelo (FL) Hultgren Moulton DeSaulnier Kilmer Rangel Ca´ rdenas Fincher Davis, Rodney Hunter Mullin Deutch Kind Reed DeGette Hurt (VA) Mulvaney Diaz-Balart Kinzinger (IL) Reichert ANNOUNCEMENT BY THE ACTING CHAIR DelBene Issa Murphy (PA) Dingell Kirkpatrick Renacci Denham Jackson Lee Neal Doggett Knight Rice (NY) The Acting CHAIR (during the vote). DeSantis Jeffries Neugebauer Dold Kuster Richmond There is 1 minute remaining. DesJarlais Jenkins (KS) Newhouse

VerDate Sep 11 2014 06:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.146 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3996 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Noem Rooney (FL) Thornberry Mrs. DINGELL changed her vote There was no objection. Nolan Roskam Tiberi from ‘‘no’’ to ‘‘aye.’’ The SPEAKER pro tempore. The gen- Norcross Ross Tipton Nugent Rothfus Titus So the amendment was agreed to. tleman is recognized for 5 minutes in Nunes Rouzer Trott The result of the vote was announced support of his motion. O’Rourke Royce Turner as above recorded. Mr. DELANEY. Madam Speaker, this Olson Ruppersberger Upton The Acting CHAIR. The Clerk will is a final amendment to the bill, which Palazzo Russell Valadao Palmer Ryan (WI) read. will not kill the bill or send it back to Vargas The Clerk read as follows: Pascrell Salmon Veasey committee. If adopted, the bill will im- Paulsen Sa´ nchez, Linda Vela This Act may be cited as the ‘‘Transpor- mediately proceed to final passage, as Pearce T. tation, Housing and Urban Development, and Wagner amended. Perlmutter Sanchez, Loretta Walberg Related Agencies Appropriations Act, 2016’’. Perry Sanford Madam Speaker, imagine if this Con- Walden Mr. DIAZ-BALART. Madam Chair, I Peterson Scalise Walker gress were focused on how the forces of Pingree Schweikert Walorski move that the Committee do now rise Pittenger Scott (VA) innovation and globalization were Walters, Mimi and report the bill back to the House Pitts Scott, Austin changing our economy and making it Walz with sundry amendments, with the rec- Poe (TX) Sensenbrenner Waters, Maxine harder for our businesses to compete, Poliquin Sessions ommendation that the amendments be Weber (TX) large and small. Polis Shimkus agreed to and that the bill, as amend- Welch Pompeo Shuster ed, do pass. Madam Speaker, imagine if this Con- Posey Simpson Wenstrup gress were focused on the fact that, Westerman The motion was agreed to. Price, Tom Sinema while we are creating jobs, we are in- Ratcliffe Sires Westmoreland Accordingly, the Committee rose; Reed Smith (MO) Whitfield and the Speaker pro tempore (Ms. creasingly creating two types of jobs— Reichert Smith (NE) Williams FOXX) having assumed the chair, Ms. high-skilled jobs, which are reserved Renacci Smith (NJ) Wilson (SC) for those people with the best edu- Wittman ROS-LEHTINEN, Acting Chair of the Ribble Smith (TX) cations, and low-skilled, low-paid jobs. Rice (SC) Smith (WA) Womack Committee of the Whole House on the Richmond Speier Woodall state of the Union, reported that that Increasingly, we are not creating mid- Rigell Stefanik Yoder Committee, having had under consider- dle-skilled jobs—the kind of jobs that Roby Stewart Yoho ation the bill (H.R. 2577) making appro- have supported middle class families Roe (TN) Stivers Young (AK) Rogers (AL) Stutzman Young (IA) priations for the Departments of for decades. Rogers (KY) Thompson (CA) Young (IN) Transportation, and Housing and Madam Speaker, imagine if this Con- Rohrabacher Thompson (MS) Zeldin Urban Development, and related agen- gress were focused on the fact that, Rokita Thompson (PA) Zinke cies for the fiscal year ending Sep- while the standard of living of average NOES—129 tember 30, 2016, and for other purposes, Americans is going down, the friction Aguilar Frelinghuysen Meeks directed her to report the bill back to in their lives is going up, including the Ashford Fudge Meng the House with sundry amendments fact that so many of them have longer Barletta Gallego Murphy (FL) adopted in the Committee of the commutes—overbearing commutes— Bass Garamendi Nadler Beatty Goodlatte Napolitano Whole, with the recommendation that because of inadequate transportation, Beyer Graham Pallone the amendments be agreed to and that commutes that are taking time away Bishop (GA) Granger Payne the bill, as amended, do pass. from their families and from their Blumenauer Hahn Pelosi The SPEAKER pro tempore. Under Bonamici Hastings communities. Peters the rule, the previous question is or- Boyle, Brendan Heck (WA) Pocan Madam Speaker, if this Congress F. Higgins Price (NC) dered. were focused on those three things, Brady (PA) Himes Quigley Is a separate vote demanded on any then it would quickly conclude that Brooks (IN) Honda Rangel amendment reported from the Com- Brown (FL) Hoyer our top domestic economic priority Rice (NY) mittee of the Whole? If not, the Chair Capps Huffman Ros-Lehtinen should be increasing our investment in Carney Hurd (TX) Roybal-Allard will put them en gros. our infrastructure because this Con- Carson (IN) Israel Ruiz The amendments were agreed to. gress would understand that rebuilding Cartwright Johnson (GA) Rush The SPEAKER pro tempore. The Castor (FL) Johnson, E. B. America makes us more competitive. Ryan (OH) Chaffetz Jolly question is on the engrossment and Sarbanes This Congress would understand that a Chu, Judy Katko third reading of the bill. national infrastructure program is the Cicilline Kelly (IL) Schakowsky The bill was ordered to be engrossed Schiff best jobs program we could have be- Clyburn Kennedy and read a third time, and was read the Comstock Kildee Schrader cause it creates good jobs, and it is Scott, David third time. Cooper Kilmer sound economics. Crowley Kind Serrano MOTION TO RECOMMIT Cuellar King (NY) Sewell (AL) Mr. DELANEY. Madam Speaker, I b 2315 Sherman Cummings Kirkpatrick have a motion to recommit at the Davis (CA) Langevin Slaughter This Congress would understand that Davis, Danny Larsen (WA) Swalwell (CA) desk. better infrastructure improves the Delaney Lawrence Takai The SPEAKER pro tempore. Is the quality of life of our constituents; and Takano DeLauro Lee gentleman opposed to the bill? because it has been so bipartisan for so Dent Levin Tonko Mr. DELANEY. I am opposed. Torres many years, it could be something that DeSaulnier Lewis The SPEAKER pro tempore. The Deutch Lipinski Tsongas unifies us, and it would understand Clerk will report the motion to recom- Dold Loebsack Van Hollen that rebuilding America is not an ex- Donovan Lowenthal Vela´ zquez mit. pense but an investment, and we would Duckworth Lowey Visclosky The Clerk read as follows: Engel Lynch Wasserman probably score it that way dynami- Mr. Delaney moves to recommit the bill Esty MacArthur Schultz cally. Farr Maloney, Sean Watson Coleman H.R. 2577 to the Committee on Appropria- Fitzpatrick McDermott Webster (FL) tions with instructions to report the same But unfortunately, Madam Speaker, Foster McNerney Wilson (FL) back to the House forthwith with the fol- that is not the Congress we have here Frankel (FL) Meehan Yarmuth lowing amendment: this evening because we are doing pre- In the ‘‘Capital and Debt Service Grants to NOT VOTING—7 cisely the opposite this evening, and we the National Railroad Passenger Corpora- Adams Cleaver Maloney, are cutting our investment in infra- tion’’ account, on page 47, line 11, after the structure. When you look at the facts, Becerra DeFazio Carolyn dollar amount relating to capital invest- ´ Cardenas Fincher ments, insert ‘‘(increased by $6,000,000)’’. that is a strange conclusion indeed. ANNOUNCEMENT BY THE ACTING CHAIR Page 116, line 12, after the dollar amount, But, Madam Speaker, I am opti- The Acting CHAIR (during the vote). insert ‘‘(reduced by $6,000,000)’’. mistic. I am optimistic that one day, There is 1 minute remaining. Mr. DELANEY (during the reading). hopefully soon, this Congress can do Madam Speaker, I ask unanimous con- something transformative around in- sent to dispense with the reading. frastructure and rebuild our country. I b 2309 The SPEAKER pro tempore. Is there believe we can pay for it by fixing our Mr. LOWENTHAL changed his vote objection to the request of the gen- broken international tax system, from ‘‘aye’’ to ‘‘no.’’ tleman from Maryland? where we have trillions of dollars

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.092 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3997 trapped overseas, and creating path- Madam Speaker, from increasing votes on passage of the bill and agree- ways for that money to come back to funding for critical agencies like the ing to the Speaker’s approval of the rebuild our country. FAA, the National Highway Traffic Journal, if ordered. While we wait for that day to happen, Safety Administration, and the Pipe- The vote was taken by electronic de- Madam Speaker, we still should be line and Hazardous Materials Safety vice, and there were—ayes 181, noes 244, doing smart and sensible things to im- Administration to providing the Fed- not voting 8, as follows: prove our infrastructure. My amend- eral Railroad Administration with the [Roll No. 328] ment does that. resources it needs for its safety and re- My amendment increases funding for search programs, this bill does not sac- AYES—181 Amtrak so they can better implement rifice safety in any way at all, in any Aguilar Graham O’Rourke Ashford Grayson the positive train control system, shape or form. Pallone which is technology that is proven to Bass Green, Al Pascrell Madam Speaker, the other primary Beatty Green, Gene Payne make commuter rail trains safer. The responsibility of this bill is to provide Bera Grijalva Pelosi National Transportation Safety Board for important housing programs. It en- Beyer Gutie´rrez Perlmutter has said that, if this system were in Bishop (GA) Hahn Peters sures that our veterans continue to Blumenauer Hastings place since 2004, we would have had 30 Peterson have access to the VASH program. It Bonamici Heck (WA) Pingree fewer accidents, including preventing takes care of our most vulnerable citi- Boyle, Brendan Higgins Pocan F. Himes that terrible tragedy that we all stood Polis zens, such as the elderly and people Brady (PA) Hinojosa Price (NC) here and mourned about 30 days ago in with disabilities. It does that. Brown (FL) Honda Quigley Pennsylvania. Brownley (CA) Hoyer Let me just briefly address the spe- Rangel So I ask my colleagues to support the cifics of this motion. Bustos Huffman Butterfield Israel Rice (NY) amendment to increase funding for We have already taken action on the Richmond Amtrak so that they can better imple- Capps Jackson Lee floor to add $9 million to Amtrak for Capuano Jeffries Roybal-Allard ment smart technology, the positive inward-facing cameras to improve the Carney Johnson (GA) Ruiz Ruppersberger train control system. Like most invest- safety of Amtrak’s operation, but let Carson (IN) Johnson, E. B. ments in infrastructure, it is good for Cartwright Kaptur Rush me say something else. We have spent Castor (FL) Keating Ryan (OH) our constituents—in this case, public literally hundreds of hours on this bill. Castro (TX) Kelly (IL) Sa´ nchez, Linda safety—and it is also a good invest- We have done so in a bipartisan way, in Chu, Judy Kennedy T. Cicilline Kildee Sanchez, Loretta ment for our country. I urge support of an open way. We held six public hear- the Democratic motion to recommit. Clark (MA) Kilmer Sarbanes ings with agency and department Clarke (NY) Kind I yield back the balance of my time, Schakowsky heads—six public hearings. We consid- Clay Kirkpatrick Schiff Madam Speaker. ered amendments in committee, and Clyburn Kuster Schrader Mr. DIAZ-BALART. Madam Speaker, Cohen Langevin Scott (VA) I rise in opposition to the motion to re- we have spent, as all of you know, 3 Connolly Larsen (WA) Scott, David commit. days on the floor now and considered Conyers Larson (CT) Serrano about 80 amendments on this bill after Cooper Lawrence Sewell (AL) The SPEAKER pro tempore. The gen- Costa Lee 3 days in an open, transparent process. Sherman tleman from Florida is recognized for 5 Courtney Levin Sinema minutes. It has been an open and transparent Crowley Lewis Sires Mr. DIAZ-BALART. Madam Speaker, process. We have taken amendments on Cuellar Lieu, Ted Slaughter Cummings Lipinski Smith (WA) this bill that is in front of us funds pro- this floor from both sides of the aisle. Davis (CA) Loebsack So despite, obviously, budgetary con- Speier grams that are the backbone of our Davis, Danny Lofgren Swalwell (CA) DeGette Lowenthal economy and the safety net of those straints, this bill accomplishes all of Takai Delaney Lowey what it should. We have worked hard Takano who need it. These are issues that we DeLauro Lujan Grisham Thompson (CA) must fund responsibly, adequately, and at what we had to fund, and we got it DelBene (NM) Thompson (MS) done in a smart, purposeful, respon- DeSaulnier Luja´ n, Ben Ray on time. This bill does precisely just Titus Deutch (NM) that. It does so after a lengthy, open sible way, yes. Tonko Let me say something else that this Dingell Lynch process. It does so while looking at the Doggett Maloney, Sean Torres individual issues one by one. Congress is doing. We are making seri- Doyle, Michael Matsui Tsongas I know some people like to criticize ous progress on our appropriations bills F. McCollum Van Hollen this Congress. This is not the Con- this year. We are moving ahead faster Duckworth McDermott Vargas Edwards McGovern Veasey gress—this is not the Congress, how- and through an open process faster Ellison McNerney Vela ever—that made ‘‘shovel-ready’’ a joke than we have in many years, getting Engel Meeks Vela´ zquez phrase. This is a Congress who wants to the necessary work done in a timely Eshoo Meng Visclosky act responsibly, and this bill does just and open and responsible fashion. Esty Moore Walz Fattah Moulton Wasserman that. It makes the most of what we So now we have this motion to re- Foster Murphy (FL) Schultz have. It makes the most of what we commit. What is the purpose of this Frankel (FL) Nadler Waters, Maxine have in our coffers. It acknowledges motion to recommit? Why wasn’t it Fudge Napolitano Watson Coleman that we can’t just simply have every- done as an amendment during the 3 Gabbard Neal Welch Gallego Nolan Wilson (FL) thing that everybody wants at a time days when we were here? Garamendi Norcross Yarmuth when we do have to pick priorities, I urge a ‘‘no’’ vote, and let’s get this when we have to spend responsibly and good bill passed out of the House. NOES—244 wisely. This bill in front of us has no I yield back the balance of my time. Abraham Buchanan Curbelo (FL) The SPEAKER pro tempore. Without Aderholt Buck Davis, Rodney tax increases, Madam Speaker. Allen Bucshon Denham Now, let’s be very clear: fostering objection, the previous question is or- Amash Burgess Dent economic growth has always been a top dered on the motion to recommit. Amodei Byrne DeSantis priority in our appropriations bills, and There was no objection. Babin Calvert DesJarlais The SPEAKER pro tempore. The Barletta Carter (GA) Diaz-Balart this one is no different. You see, our Barr Carter (TX) Dold businesses and communities rely on question is on the motion to recommit. Barton Chabot Donovan safe and efficient roads and rails and The question was taken; and the Benishek Chaffetz Duffy waterways and airways to facilitate Speaker pro tempore announced that Bilirakis Clawson (FL) Duncan (SC) Bishop (MI) Coffman Duncan (TN) the billions and billions of dollars of the noes appeared to have it. Bishop (UT) Cole Ellmers (NC) commerce that our economy depends RECORDED VOTE Black Collins (GA) Emmer (MN) on. So we choose to prioritize transpor- Mr. DELANEY. Madam Speaker, I Blackburn Collins (NY) Farenthold Blum Comstock Fitzpatrick tation infrastructure projects that will demand a recorded vote. Bost Conaway Fleischmann help improve our Nation as a whole; A recorded vote was ordered. Boustany Cook Fleming that will make traveling across the The SPEAKER pro tempore. Pursu- Brady (TX) Costello (PA) Flores country easier; and, make no mistake, ant to clause 8 and clause 9 of rule XX, Brat Cramer Forbes Bridenstine Crawford Fortenberry that will also make traveling across this 5-minute vote on the motion to re- Brooks (AL) Crenshaw Foxx country safer, a safer place to travel. commit will be followed by 5-minute Brooks (IN) Culberson Franks (AZ)

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.154 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H3998 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Frelinghuysen Love Ros-Lehtinen Brooks (IN) Hultgren Ribble Jeffries McGovern Sanchez, Loretta Garrett Lucas Roskam Buchanan Hunter Rice (SC) Johnson (GA) McNerney Sanford Gibbs Luetkemeyer Ross Bucshon Hurd (TX) Rigell Johnson, E. B. McSally Sarbanes Gibson Lummis Rothfus Burgess Hurt (VA) Roby Jones Meehan Schakowsky Gohmert MacArthur Rouzer Byrne Issa Roe (TN) Kaptur Meeks Schiff Goodlatte Marchant Royce Calvert Jenkins (KS) Rogers (AL) Katko Meng Schrader Gosar Marino Russell Carter (TX) Jenkins (WV) Rogers (KY) Keating Moore Scott (VA) Gowdy Massie Ryan (WI) Chabot Johnson (OH) Rokita Kelly (IL) Moulton Scott, David Granger McCarthy Salmon Chaffetz Johnson, Sam Rooney (FL) Kennedy Murphy (FL) Sensenbrenner Graves (GA) McCaul Sanford Clawson (FL) Jolly Ros-Lehtinen Kildee Nadler Serrano Graves (LA) McClintock Kilmer Napolitano Scalise Coffman Jordan Roskam Sewell (AL) Graves (MO) McHenry Kind Neal Sherman Schweikert Cole Joyce Ross Griffith McKinley Collins (GA) Kelly (MS) King (NY) Nolan Sinema Scott, Austin Rothfus Grothman McMorris Collins (NY) Kelly (PA) Kirkpatrick Norcross Sires Sensenbrenner Rouzer Guinta Rodgers Conaway King (IA) Kuster O’Rourke Slaughter Sessions Royce Guthrie McSally Cook Kinzinger (IL) Lamborn Pallone Smith (NJ) Shimkus Russell Hanna Meadows Shuster Cramer Kline Langevin Pascrell Smith (WA) Hardy Meehan Ryan (WI) Larsen (WA) Simpson Crawford Knight Payne Speier Harper Messer Salmon Larson (CT) Pelosi Swalwell (CA) Smith (MO) Crenshaw Labrador Harris Mica Scalise Lawrence Perlmutter Takai Smith (NE) Cuellar LaMalfa Hartzler Miller (FL) Schweikert Lee Peters Takano Smith (NJ) Culberson Lance Heck (NV) Miller (MI) Curbelo (FL) Latta Scott, Austin Levin Peterson Thompson (CA) Smith (TX) Hensarling Moolenaar Davis, Rodney LoBiondo Sessions Lewis Pingree Thompson (MS) Stefanik Herrera Beutler Mooney (WV) Denham Long Shimkus Lieu, Ted Pitts Titus Stewart Hice, Jody B. Mullin Dent Loudermilk Shuster Lipinski Pocan Tonko Stivers Hill Mulvaney DeSantis Love Simpson Loebsack Polis Torres Stutzman Holding Murphy (PA) DesJarlais Lucas Smith (MO) Lofgren Posey Tsongas Thompson (PA) Hudson Neugebauer Diaz-Balart Luetkemeyer Smith (NE) Lowenthal Price (NC) Van Hollen Thornberry Huelskamp Newhouse Duffy MacArthur Smith (TX) Lowey Quigley Vargas Tiberi Huizenga (MI) Noem Duncan (SC) Marchant Stefanik Lujan Grisham Rangel Veasey Tipton Hultgren Nugent Duncan (TN) Marino Stewart (NM) Ratcliffe Vela Trott Hunter Nunes Ellmers (NC) McCarthy Stivers Luja´ n, Ben Ray Rice (NY) Vela´ zquez Turner Hurd (TX) Olson Emmer (MN) McCaul Stutzman (NM) Richmond Visclosky Upton Hurt (VA) Palazzo Farenthold McHenry Thompson (PA) Lummis Rohrabacher Walz Valadao Issa Palmer Fleischmann McKinley Thornberry Lynch Roybal-Allard Wasserman Wagner Jenkins (KS) Paulsen Fleming McMorris Tiberi Maloney, Sean Ruiz Schultz Walberg Jenkins (WV) Pearce Flores Rodgers Tipton Massie Ruppersberger Waters, Maxine Johnson (OH) Perry Walden Forbes Meadows Matsui Rush Watson Coleman Walker Trott Johnson, Sam Pittenger Fortenberry Messer Turner McClintock Ryan (OH) Welch Walorski ´ Jolly Pitts Foxx Mica Upton McCollum Sanchez, Linda Wilson (FL) Jones Poe (TX) Walters, Mimi Frelinghuysen Miller (FL) McDermott T. Yarmuth Weber (TX) Valadao Jordan Poliquin Garrett Miller (MI) Wagner Joyce Pompeo Webster (FL) NOT VOTING—7 Gibbs Moolenaar Walberg Katko Posey Wenstrup Goodlatte Mooney (WV) Walden Adams Cleaver Maloney, Kelly (MS) Price, Tom Westerman Gowdy Mullin Walker Becerra DeFazio Carolyn Kelly (PA) Ratcliffe Westmoreland Graham Mulvaney ´ Walorski Cardenas Fincher King (IA) Reed Whitfield Granger Murphy (PA) Walters, Mimi King (NY) Reichert Williams Graves (GA) Neugebauer ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Weber (TX) Kinzinger (IL) Renacci Wilson (SC) Graves (LA) Newhouse Webster (FL) The SPEAKER pro tempore (during Kline Ribble Wittman Graves (MO) Noem the vote). There are 2 minutes remain- Knight Rice (SC) Womack Griffith Nugent Wenstrup Labrador Rigell Woodall Grothman Nunes Westerman ing. Westmoreland LaMalfa Roby Yoder Guinta Olson b 2335 Lamborn Roe (TN) Yoho Guthrie Palazzo Whitfield Lance Rogers (AL) Young (AK) Hanna Palmer Williams So the bill was passed. Wilson (SC) Latta Rogers (KY) Young (IA) Hardy Paulsen The result of the vote was announced LoBiondo Rohrabacher Young (IN) Harper Pearce Wittman Long Rokita Zeldin Harris Perry Womack as above recorded. Loudermilk Rooney (FL) Zinke Hartzler Pittenger Woodall A motion to reconsider was laid on Heck (NV) Poe (TX) Yoder the table. NOT VOTING—8 Hensarling Poliquin Yoho Adams Cleaver Fincher Herrera Beutler Pompeo Young (AK) f Becerra DeFazio Maloney, Hill Price, Tom Young (IA) THE JOURNAL Ca´ rdenas Farr Carolyn Holding Reed Young (IN) Hudson Reichert Zeldin The SPEAKER pro tempore. The un- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Huizenga (MI) Renacci Zinke finished business is the question on The SPEAKER pro tempore (during NAYS—210 agreeing to the Speaker’s approval of the vote). There are 2 minutes remain- the Journal, which the Chair will put ing. Aguilar Clyburn Farr Amash Cohen Fattah de novo. The question is on the Speaker’s ap- b 2329 Bass Comstock Fitzpatrick Beatty Connolly Foster proval of the Journal. So the motion to recommit was re- Bera Conyers Frankel (FL) Pursuant to clause 1, rule I, the Jour- Beyer Cooper Franks (AZ) jected. Bishop (GA) Costa Fudge nal stands approved. The result of the vote was announced Blumenauer Costello (PA) Gabbard f as above recorded. Bonamici Courtney Gallego The SPEAKER pro tempore. The Boyle, Brendan Crowley Garamendi AUTHORIZING THE CLERK TO F. Cummings Gibson MAKE CORRECTIONS IN EN- question is on the passage of the bill. Brady (PA) Davis (CA) Gohmert Under clause 10 of rule XX, the yeas Brooks (AL) Davis, Danny Gosar GROSSMENT OF H.R. 2577, TRANS- and nays are ordered. Brown (FL) DeGette Grayson PORTATION, HOUSING AND The SPEAKER pro tempore. This is a Brownley (CA) Delaney Green, Al URBAN DEVELOPMENT, AND RE- Buck DeLauro Green, Gene LATED AGENCIES APPROPRIA- 5-minute vote. Bustos DelBene Grijalva The vote was taken by electronic de- Butterfield DeSaulnier Gutie´rrez TIONS ACT, 2016 vice, and there were—yeas 216, nays Capps Deutch Hahn Mr. DIAZ-BALART. Madam Speaker, Capuano Dingell Hastings 210, not voting 7, as follows: Carney Doggett Heck (WA) I ask unanimous consent that, in the [Roll No. 329] Carson (IN) Dold Hice, Jody B. engrossment of H.R. 2577, the Clerk be Carter (GA) Donovan Higgins authorized to correct section numbers, YEAS—216 Cartwright Doyle, Michael Himes Abraham Barr Blackburn Castor (FL) F. Hinojosa punctuation, and cross-references, and Aderholt Barton Blum Castro (TX) Duckworth Honda to make such other technical and con- Allen Benishek Bost Chu, Judy Edwards Hoyer forming changes as may be necessary Amodei Bilirakis Boustany Cicilline Ellison Huelskamp to reflect the actions of the House in Ashford Bishop (MI) Brady (TX) Clark (MA) Engel Huffman Babin Bishop (UT) Brat Clarke (NY) Eshoo Israel amending the bill, including the Barletta Black Bridenstine Clay Esty Jackson Lee changes now at the desk.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.093 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H3999 The SPEAKER pro tempore. The that, today, the Theodore Roosevelt mulgation of Air Quality Implementation Clerk will report the changes. Medora Foundation keeps that dream Plans; Michigan; Part 3 Rules [EPA-R05- The Clerk read as follows: alive in beautiful Medora, North Da- OAR-2013-0824; FRL-9928-35-Region 5] re- kota. ceived June 2, 2015, pursuant to 5 U.S.C. In the amendment offered by Mr. Meehan 801(a)(1)(A); to the Committee on Energy and of Pennsylvania, insert ‘‘first’’ before ‘‘dol- f Commerce. lar’’ in the instruction regarding page 2, line 1741. A letter from the Director, Regu- 13. LEAVE OF ABSENCE latory Management Division, Environmental In the amendment offered by Mr. Burgess By unanimous consent, leave of ab- Protection Agency, transmitting the Agen- of Texas, insert ‘‘reduced by’’ before sence was granted to: cy’s final rule — Approval and Promulgation ‘‘$4,000,000’’ in the instruction regarding page Mr. DEFAZIO (at the request of Ms. of Implementation Plans; State of Kansas; 2, line 13. Infrastructure SIP Requirements for the 2010 PELOSI) for today. The SPEAKER pro tempore. Is there Sulfur Dioxide National Ambient Air Quality objection to the request of the gen- f Standard [EPA-R07-OAR-2014-0528; FRL-9928- tleman from Florida? ADJOURNMENT 59-Region 7] received June 2, 2015, pursuant There was no objection. to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. CRAMER. Madam Speaker, I Energy and Commerce. f move that the House do now adjourn. 1742. A letter from the Director, Regu- latory Management Division, Environmental AUTHORIZING THE CLERK TO The motion was agreed to; accordingly (at 11 o’clock and 41 minutes Protection Agency, transmitting the Agen- MAKE CORRECTIONS IN EN- cy’s final rule — Approval and Promulgation GROSSMENT OF H.R. 2289, COM- p.m.), under its previous order, the of Air Quality Implementation Plans; State MODITY END-USER RELIEF ACT House adjourned until tomorrow, of Missouri, Construction Permits Required Wednesday, June 10, 2015, at 10 a.m. for Mr. CONAWAY. Madam Speaker, I [EPA-R07-OAR-2015-0123; FRL-9928-60-Region morning-hour debate. 7] received June 2, 2015, pursuant to 5 U.S.C. ask unanimous consent that the Clerk f 801(a)(1)(A); to the Committee on Energy and be authorized to make technical cor- Commerce. rections in the engrossment of H.R. OATH OF OFFICE MEMBERS, RESI- 1743. A letter from the Director, Regu- 2289, to correct section numbers, punc- DENT COMMISSIONER, AND DEL- latory Management Division, Environmental tuation, and cross-references, and to EGATES Protection Agency, transmitting the Agen- make such other technical and con- cy’s final rule — Approval and Promulgation The oath of office required by the forming changes as may be necessary of Air Quality Implementation Plans; Mary- sixth article of the Constitution of the to accurately reflect the actions of the land; Biomass Fuel-Burning Equipment United States, and as provided by sec- Standards [EPA-R03-OAR-2015-0089; FRL- House including changing ‘‘14’’ to ‘‘13’’ tion 2 of the act of May 13, 1884 (23 9928-65-Region 3] received June 2, 2015, pursu- in the ninth instruction on the third Stat. 22), to be administered to Mem- ant to 5 U.S.C. 801(a)(1)(A); to the Committee page of the amendment by the gen- bers, Resident Commissioner, and Dele- on Energy and Commerce. tleman from Texas (Mr. CONAWAY). 1744. A letter from the Director, Regu- gates of the House of Representatives, The SPEAKER pro tempore. Is there latory Management Division, Environmental the text of which is carried in 5 U.S.C. objection to the request of the gen- Protection Agency, transmitting the Agen- 3331: tleman from Texas? cy’s final rule — n-Butyl benzoate; Exemp- ‘‘I, AB, do solemnly swear (or af- tions from the Requirement of a Tolerance There was no objection. firm) that I will support and defend [EPA-HQ-OPP-2014-0265; FRL-9927-65] re- f the Constitution of the United ceived June 2, 2015, pursuant to 5 U.S.C. States against all enemies, foreign 801(a)(1)(A); to the Committee on Energy and REMOVAL OF NAME OF MEMBER Commerce. AS COSPONSOR OF H.R. 2383 and domestic; that I will bear true 1745. A letter from the Director, Regu- faith and allegiance to the same; Mr. PITTENGER. Madam Speaker, I latory Management Division, Environmental that I take this obligation freely, ask unanimous consent that my name Protection Agency, transmitting the Agen- without any mental reservation or cy’s final rule — Aluminum sulfate; Exemp- be removed as a cosponsor of H.R. 2383. purpose of evasion; and that I will tion from the Requirement of a Tolerance The SPEAKER pro tempore. Is there well and faithfully discharge the [EPA-HQ-OPP-2012-0207; FRL-9927-66] re- objection to the request of the gen- duties of the office on which I am ceived June 2, 2015, pursuant to 5 U.S.C. tleman from North Carolina? about to enter. So help me God.’’ 801(a)(1)(A); to the Committee on Energy and There was no objection. Commerce. has been subscribed to in person and 1746. A letter from the Director, Regu- f filed in duplicate with the Clerk of the latory Management Division, Environmental KEEP THE DREAM ALIVE IN House of Representatives by the fol- Protection Agency, transmitting the Agen- MEDORA, NORTH DAKOTA lowing Member of the 114th Congress, cy’s direct final rule — Revisions to the Cali- pursuant to the provisions of 2 U.S.C. fornia State Implementation Plan, Eastern (Mr. CRAMER asked and was given 25: Kern Air Pollution Control District, Mojave permission to address the House for 1 Desert Air Quality Management District TRENT KELLY, First District of Mis- minute.) [EPA-R09-OAR-2015-0228; FRl-9928-07-Region sissippi. Mr. CRAMER. Madam Speaker, big 9] received June 2, 2015, pursuant to 5 U.S.C. things are happening in the small cow f 801(a)(1)(A); to the Committee on Energy and town of Medora, North Dakota. Commerce. EXECUTIVE COMMUNICATIONS, 1747. A letter from the Director, Regu- The famed Medora Musical, also ETC. latory Management Division, Environmental known as the Greatest Show in the Protection Agency, transmitting the Agen- West, is celebrating 50 years of enter- Under clause 2 of rule XIV, executive communications were taken from the cy’s direct final rule — Significant New Use taining and inspiring visitors while Rules on Certain Chemical Substances [EPA- Speaker’s table and referred as follows: paying tribute to American values like HQ-OPPT-2015-0220; FRL-9927-67] received family, patriotism, and faith in God, 1739. A letter from the Assistant Secretary June 2, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); and, of course, the legacies of Theodore for Legislation, Department of Health and to the Committee on Energy and Commerce. Human Services, transmitting a report to 1748. A letter from the Director, Regu- Roosevelt and Harold Schafer. Congress entitled, ‘‘Section 503 of the Chil- latory Management Division, Environmental Medora serves as the gateway to dren’s Health Insurance Program Reauthor- Protection Agency, transmitting the Agen- Theodore Roosevelt National Park, ization Act: Prospective Payment System cy’s final rule — Alkyl (C8-20) Polyglucoside named for the city slicker turned cow- for Federally-Qualified Health Centers and Esters; Exemption from the Requirement of boy who ranched the Badlands of Da- Rural Health Clinics Transition Grants’’, a Tolerance [EPA-HQ-OPP-2014-0678; FRL- kota Territory before going back East, pursuant to Sec. 503 of the Children’s Health 9927-19] received June 2, 2015, pursuant to 5 refreshed and restored, to accomplish Insurance Program Reauthorization Act of U.S.C. 801(a)(1)(A); to the Committee on En- big things. 2009; to the Committee on Energy and Com- ergy and Commerce. merce. 1749. A letter from the Director, Regu- Madam Speaker, tonight, I am 1740. A letter from the Director, Regu- latory Management Division, Environmental thankful that God gave us the Bad- latory Management Division, Environmental Protection Agency, transmitting the Agen- lands and Theodore Roosevelt and that Protection Agency, transmitting the Agen- cy’s direct final rule — Approval and Pro- he gave a dream to Harold Schafer and cy’s direct final rule — Approval and Pro- mulgation of Air Quality Implementation

VerDate Sep 11 2014 06:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.159 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H4000 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Plans; Pennsylvania; 2011 Lead Base Year Committee on Transportation and Infra- Turkmenistan; to the Committee on Ways Emissions Inventory [EPA-R03-OAR-2015- structure. and Means. 0311; FRL-9928-68-Region 3] received June 2, 1760. A letter from the Management and 1769. A letter from the Director, Office of 2015, pursuant to 5 U.S.C. 801(a)(1)(A); to the Program Analyst, FAA, Department of Regulations and Reports Clearance, Social Committee on Energy and Commerce. Transportation, transmitting the Depart- Security Administration, transmitting the 1750. A letter from the Assistant Secretary, ment’s final rule — Airworthiness Direc- Administration’s final rule — Extension of Legislative Affairs, Department of State, tives; Airbus Helicopters (Type Certificate Effective Date for Temporary Pilot Program transmitting a certification, pursuant to previously held by Eurocopter France) Setting the Time and Place for a Hearing Be- Sec. 36(c) of the Arms Export Control Act, [Docket No.: FAA-2014-0038; Directorate fore an Administrative Law Judge [Docket Transmittal No.: DDTC 15-033; to the Com- Identifier 2013-SW-023-AD; Amendment 39- No.: SSA-2014-0034] (RIN: 0960-AH67) received mittee on Foreign Affairs. 18146; AD 2015-09-01] (RIN: 2120-AA64) received June 2, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); 1751. A letter from the Assistant Secretary, June 5, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. Legislative Affairs, Department of State, to the Committee on Transportation and In- 1770. A letter from the Assistant Secretary, transmitting a certification, pursuant to frastructure. Legislative Affairs, Department of State, Sec. 36(c) of the Arms Export Control Act, 1761. A letter from the Management and transmitting Presidential Determination No. Transmittal No.: DDTC 15-016; to the Com- Program Analyst, FAA, Department of 2015-07, Suspension of Limitations under the mittee on Foreign Affairs. Transportation, transmitting the Depart- Jerusalem Embassy Act, Pub. L. 104-45, Sec. 1752. A letter from the Assistant Legal Ad- ment’s final rule — Airworthiness Direc- 7(a); jointly to the Committees on Foreign viser, Office of Treaty Affairs, Department of tives; DG Flugzeugbau GmbH Gliders [Dock- Affairs and Appropriations. State, transmitting a list of international et No.: FAA-2015-1130; Directorate Identifier 1771. A letter from the Deputy Director, Of- agreements other than treaties entered into 2015-CE-008-AD; Amendment 39-18150; AD fice of Documents and Regulations Manage- by the United States to be transmitted to 2015-09-04] (RIN: 2120-AA64) received June 5, ment, Department of Health and Human Congress within sixty days, in accordance 2015, pursuant to 5 U.S.C. 801(a)(1)(A); to the Services, transmitting the Department’s with the Case-Zablocki Act, 1 U.S.C. 112b; to Committee on Transportation and Infra- Major final rule — Medicare Program; Medi- the Committee on Foreign Affairs. structure. care Shared Savings Program: Accountable 1753. A letter from the President and Chief 1762. A letter from the Management and Care Organizations [CMS-1461-F] (RIN: 0938- Executive Officer, Federal Home Loan Bank Program Analyst, FAA, Department of AS06) received June 4, 2015, pursuant to 5 of Cincinnati, transmitting the Federal Transportation, transmitting the Depart- U.S.C. 801(a)(1)(A); jointly to the Committees Home Loan Bank of Cincinnati 2014 management’s final rule — Prohibition Against Cer- on Ways and Means and Energy and Com- ment report, pursuant to the Chief Financial tain Flights Within the Baghdad (ORBB) merce. Officers Act of 1990; to the Committee on Flight Information Region (FIR) [Docket Oversight and Government Reform. No.: FAA-2003-14766; Amendment No.: 91- f 1754. A letter from the President and Chief 327A; SFAR No.: 77] (RIN: 2120-AK60) received Executive Officer, Federal Home Loan Bank June 5, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); REPORTS OF COMMITTEES ON of Topeka, transmitting the Federal Home to the Committee on Transportation and In- PUBLIC BILLS AND RESOLUTIONS Loan Bank of Topeka 2014 management re- frastructure. port, pursuant to the Chief Financial Offi- 1763. A letter from the Management and Under clause 2 of rule XIII, reports of cers Act of 1990; to the Committee on Over- Program Analyst, FAA, Department of committees were delivered to the Clerk sight and Government Reform. Transportation, transmitting the Depart- for printing and reference to the proper 1755. A letter from the Chairman and the ment’s direct final rule — Prohibition of calendar, as follows: General Counsel, National Labor Relations Fixed-Wing Special Visual Flights Rules Op- Board, transmitting the Board’s Semiannual erations at Washington-Dulles International Mr. UPTON: Committee on Energy and Report of the Inspector General for the pe- Airport; Withdrawal [Docket No.: FAA-2015- Commerce. H.R. 906. A bill to modify the effi- riod October 1, 2014, through March 31, 2015, 0190; Amdt. No.: 91-337] (RIN: 2120-AK69) re- ciency standards for grid-enabled water heat- pursuant to the Inspector General Act of ceived June 5, 2015, pursuant to 5 U.S.C. ers; with an amendment (Rept. 114–142). Re- 1978, as amended; to the Committee on Over- 801(a)(1)(A); to the Committee on Transpor- ferred to the Committee of the Whole House sight and Government Reform. tation and Infrastructure. on the state of the Union. 1756. A letter from the Director, Office of 1764. A letter from the Director, Regu- Mr. UPTON: Committee on Energy and Personnel Management, transmitting the Of- latory Management Division, Environmental Commerce. H.R. 1734. A bill to amend sub- fice’s final rule — Federal Employees Health Protection Agency, transmitting the Agen- title D of the Solid Waste Disposal Act to en- Benefits Program; Subrogation and Reim- cy’s Major final rule — Clean Water Rule: courage recovery and beneficial use of coal bursement Recovery (RIN: 3206-AN14) re- Definition of ‘‘Waters of the United States’’ combustion residuals and establish require- ceived June 2, 2015, pursuant to 5 U.S.C. [EPA-HQ-OW-2011-0880; FRL-9927-20-OW] ments for the proper management and dis- 801(a)(1)(A); to the Committee on Oversight (RIN: 2040-AF30) received June 2, 2015, pursu- posal of coal combustion residuals that are and Government Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee protective of human health and the environ- 1757. A letter from the Branch Chief, Bor- on Transportation and Infrastructure. ment (Rept. 114–143). Referred to the Com- der Security Regulations, U.S. Customs and 1765. A letter from the Attorney-Advisor, mittee of the Whole House on the state of Border Protection, Department of Homeland U.S. Coast Guard, Department of Homeland the Union. Security, transmitting the Department’s Security, transmitting the Department’s Mr. NUNES: Permanent Select Committee Major final rule — Changes to the Visa Waiv- temporary final rule — Safety Zone; Rotary on Intelligence. H.R. 2596. A bill to authorize er Program to Implement the Electronic Club of Fort Lauderdale New River Raft appropriations for fiscal year 2016 for intel- System for Travel Authorization (ESTA) Race, New River; Fort Lauderdale, FL ligence and intelligence-related activities of Program and the Fee for Use of the System [Docket No.: USCG-2015-0024] (RIN: 1625- the United States Government, the Commu- [Docket Nos.: USCBP-2008-003 and USCBP- AA00) received June 8, 2015, pursuant to 5 nity Management Account, and the Central 2010-0025] (RIN: 1651-AA72 and RIN 1651-AA83) U.S.C. 801(a)(1)(A); to the Committee on Intelligence Agency Retirement and Dis- received June 3, 2015, pursuant to 5 U.S.C. Transportation and Infrastructure. ability System, and for other purposes; with 801(a)(1)(A); to the Committee on the Judici- 1766. A letter from the Attorney-Advisor, an amendment (Rept. 114–144, Pt. 1). Referred ary. U.S. Coast Guard, Department of Homeland to the Committee of the Whole House on the 1758. A letter from the Management and Security, transmitting the Department’s in- state of the Union. Program Analyst, FAA, Department of terim final rule — Security Zone; Portland Mr. NEWHOUSE: Committee on Rules. Transportation, transmitting the Depart- Rose Festival on Willamette River, Port- House Resolution 303. Resolution providing ment’s final rule — Airworthiness Direc- land, OR [Docket No.: USCG-2015-0484] (RIN: for consideration of the bill (H.R. 2685) mak- tives; The Boeing Company Airplanes [Dock- 1625-AA87) received June 8, 2015, pursuant to ing appropriations for the Department of De- et No.: FAA-2014-0286; Directorate Identifier 5 U.S.C. 801(a)(1)(A); to the Committee on fense for the fiscal year ending September 30, 2014-NM-004-AD; Amendment 39-18145; AD Transportation and Infrastructure. 2016, and for other purposes, and providing 2015-08-09] (RIN: 2120-AA64) received June 5, 1767. A letter from the Assistant Secretary, for consideration of the bill (H.R. 2393) to 2015, pursuant to 5 U.S.C. 801(a)(1)(A); to the Legislative Affairs, Department of State, amend the Agricultural Marketing Act of Committee on Transportation and Infra- transmitting notification of the determina- 1946 to repeal country of origin labeling re- structure. tion of a waiver of authority under Secs. quirements with respect to beef, pork, and 1759. A letter from the Management and 402(d)(1) and 409 of the Trade Act of 1974, as chicken, and for other purposes (Rept. 114– Program Analyst, FAA, Department of amended, with respect to Belarus; to the 145). Referred to the House Calendar. Transportation, transmitting the Depart- Committee on Ways and Means. DISCHARGE OF COMMITTEE ment’s final rule — Airworthiness Direc- 1768. A letter from the Assistant Secretary, Pursuant to clause 2 of rule XIII, the tives; The Boeing Company Airplanes [Dock- Legislative Affairs, Department of State, et No.: FAA-2015-0936; Directorate Identifier transmitting notification of the determina- Committee on the Budget discharged 2015-NM-058-AD; Amendment 39-18153; AD tion of a waiver of authority under Sec. from further consideration. H.R. 2596 2015-09-07] (RIN: 2120-AA64) received June 5, 402(d)(1) 409 of the Trade Act of 1974, Pub. L. referred to the Committee of the Whole 2015, pursuant to 5 U.S.C. 801(a)(1)(A); to the 93-618, as amended, with respect to House on the state of the Union.

VerDate Sep 11 2014 05:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\L09JN7.000 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE June 9, 2015 CONGRESSIONAL RECORD — HOUSE H4001 PUBLIC BILLS AND RESOLUTIONS VAN HOLLEN, Mr. SCOTT of Virginia, ple’s Republic of China in an amount equiva- Mr. JEFFRIES, Mr. RANGEL, Ms. lent to the estimated annual loss of revenue Under clause 2 of rule XII, public MOORE, Mr. TAKANO, Mr. LANGEVIN, to holders of United States intellectual prop- bills and resolutions of the following Mr. MEEKS, Mr. GARAMENDI, Ms. WIL- erty rights as a result of violations of such titles were introduced and severally re- SON of Florida, Mrs. WATSON COLE- intellectual property rights in China, and for ferred, as follows: MAN, Mr. DEUTCH, Mr. COHEN, and Ms. other purposes; to the Committee on Ways By Mr. RYAN of Wisconsin (for himself BONAMICI): and Means. and Mr. BOUSTANY): H.R. 2694. A bill to amend the National By Mr. ROKITA (for himself and Mr. H.R. 2688. A bill to block any action from Voter Registration Act of 1993 to require BLUMENAUER): being taken to finalize or give effect to a cer- each State to ensure that each individual H.R. 2702. A bill to amend title 49, United tain proposed rule governing the Federal who provides identifying information to the States Code, with respect to passenger motor child support enforcement program; to the State motor vehicle authority is automati- vehicle crash avoidance information, and for Committee on Ways and Means. cally registered to vote in elections for Fed- other purposes; to the Committee on Energy By Mrs. MIMI WALTERS of California eral office held in the State unless the indi- and Commerce. (for herself and Mr. HUFFMAN): vidual does not meet the eligibility require- By Mr. RUPPERSBERGER: H.R. 2689. A bill to clarify the scope of eli- ments for registering to vote in such elec- H.R. 2703. A bill to amend the Internal Rev- gible water resources projects under the tions or declines to be registered to vote in enue Code of 1986 to increase the credit for Water Resources Development Act of 1986 such elections, and for other purposes; to the employers establishing workplace child care and the Water Resources Reform and Devel- Committee on House Administration. facilities, to increase the child care credit to opment Act of 2014, and for other purposes; By Mr. CICILLINE (for himself, Mr. encourage greater use of quality child care to the Committee on Transportation and In- DEUTCH, Ms. JUDY CHU of California, services, to provide incentives for students frastructure. Mr. WELCH, Mr. VARGAS, and Mr. to earn child care-related degrees and to By Ms. MATSUI: GARAMENDI): work in child care facilities, and to increase H.R. 2695. A bill to amend the Internal Rev- H.R. 2690. A bill to direct the Secretary of the exclusion for employer-provided depend- enue Code of 1986 to require that return in- Health and Human Services to promulgate ent care assistance; to the Committee on formation from tax-exempt organizations be regulations clarifying the circumstances Ways and Means. made available in a searchable format and to ´ under which, consistent with the standards By Ms. LINDA T. SANCHEZ of Cali- provide the disclosure of the identity of con- governing the privacy and security of indi- fornia (for herself and Mr. MEEHAN): tributors to certain tax-exempt organiza- vidually identifiable health information pro- H.R. 2704. A bill to establish a Community- tions, and for other purposes; to the Com- mulgated by the Secretary under sections Based Institutional Special Needs Plan dem- mittee on Ways and Means. 262(a) and 264 of the Health Insurance Port- onstration program to target home and com- By Mr. GRIFFITH: ability and Accountability Act of 1996, munity-based care to eligible Medicare bene- H.R. 2696. A bill to amend title XXVII of health care providers and covered entities ficiaries, and for other purposes; to the Com- the Public Health Service Act to require cer- may disclose the protected health informa- mittee on Ways and Means, and in addition tain health insurance premium increase in- tion of patients with a mental illness, and to the Committee on Energy and Commerce, formation submitted to the Secretary of for other purposes; to the Committee on En- for a period to be subsequently determined Health and Human Services be disclosed to ergy and Commerce. by the Speaker, in each case for consider- Congress; to the Committee on Energy and By Mr. RUIZ: ation of such provisions as fall within the ju- Commerce. H.R. 2691. A bill to amend title 38, United risdiction of the committee concerned. By Mr. GRIJALVA (for himself, Mrs. States Code, to authorize the Secretary of By Mr. THORNBERRY: DAVIS of California, Mr. FARR, Ms. H.R. 2705. A bill to clarify the definition of Veterans Affairs to adjudicate and pay sur- MOORE, Mr. NADLER, and Ms. NOR- navigable waters, and for other purposes; to vivor’s benefits without requiring the filing TON): the Committee on Transportation and Infra- of a formal claim, and for other purposes; to H.R. 2697. A bill to assist in the conserva- structure. the Committee on Veterans’ Affairs. tion of rare felids and rare canids by sup- By Ms. TITUS (for herself, Mr. BISHOP By Mrs. BEATTY (for herself, Mr. porting and providing financial resources for of Utah, Mr. CRAMER, and Mr. STEW- BUTTERFIELD, Mr. HINOJOSA, Mr. the conservation programs of nations within ART): MEEKS, Mr. CLAY, Ms. NORTON, Mrs. the range of rare felid and rare canid popu- H.R. 2706. A bill to amend title 38, United WATSON COLEMAN, Mrs. KIRKPATRICK, lations and projects of persons with dem- States Code, to provide priority for the es- Mrs. LAWRENCE, Mr. ISRAEL, Mr. VAN onstrated expertise in the conservation of tablishment of new national cemeteries by HOLLEN, Ms. WILSON of Florida, Mr. rare felid and rare canid populations; to the the Secretary of Veterans Affairs, and for CONYERS, Ms. EDWARDS, and Mr. Committee on Natural Resources. other purposes; to the Committee on Vet- SWALWELL of California): By Mr. HOLDING (for himself, Mr. erans’ Affairs. H.R. 2692. A bill to amend the Internal Rev- ROYCE, Mr. TIBERI, Mr. LONG, Mr. By Mr. WALKER: enue Code of 1986 to make permanent the KNIGHT, Mr. WHITFIELD, Mr. NUNES, H.R. 2707. A bill to ensure a legislative so- above-the-line deduction for certain expenses Mr. LOUDERMILK, Mr. WESTMORE- lution for those individuals who may be af- of elementary and secondary school teachers LAND, Mr. ASHFORD, Mr. PETERSON, fected by ObamaCare’s unlawful implemen- and to allow Head Start teachers the same Mr. BENISHEK, Mr. WALBERG, and tation, and for other purposes; to the Com- above-the-line deduction for supplies as is al- Mrs. BLACKBURN): mittee on Energy and Commerce. lowed to elementary and secondary school H.R. 2698. A bill to amend the Internal Rev- By Mr. WILSON of South Carolina: teachers; to the Committee on Ways and enue Code of 1986 to repeal the excise tax on H.R. 2708. A bill to direct the Director of Means. indoor tanning services; to the Committee National Intelligence to conduct a study on By Mr. BRAT (for himself, Mr. SCOTT on Ways and Means. cyber attack standards of measurement; to of Virginia, Mr. WITTMAN, Mr. By Mr. ISRAEL (for himself, Mr. KING the Committee on Intelligence (Permanent RIGELL, Mr. FORBES, Mr. HURT of Vir- of New York, Ms. ESTY, Mr. HIMES, Select). ginia, Mr. GOODLATTE, Mr. BEYER, Mr. LANGEVIN, Mr. HONDA, and Mr. f Mr. GRIFFITH, Mrs. COMSTOCK, Mr. CONYERS): CONNOLLY, and Mr. SAM JOHNSON of H.R. 2699. A bill to modernize the MEMORIALS Texas): Undetectable Firearms Act of 1988; to the H.R. 2693. A bill to designate the arbo- Committee on the Judiciary. Under clause 3 of rule XII, memorials retum at the Hunter Holmes McGuire VA By Mr. ISRAEL: were presented and referred as follows: Medical Center in Richmond, Virginia, as the H.R. 2700. A bill to require all recreational 46. The SPEAKER presented a memorial of ‘‘Phyllis E. Galanti Arboretum‘‘; to the Com- vessels to have and post passenger capacity the House of Representatives of the State of mittee on Veterans’ Affairs. limits, to amend title 46, United States Code, Michigan, relative to House Resolution No. By Mr. CICILLINE (for himself, Ms. to authorize States to enter into contracts 89, urging the Congress of the United States HAHN, Mr. ISRAEL, Ms. WASSERMAN for the provision of boating safety education to pass legislation that establishes a na- SCHULTZ, Ms. CASTOR of Florida, Mrs. services under State recreational boating tional, uniform, and scientifically-based CAPPS, Ms. TSONGAS, Mr. SWALWELL safety programs, and for other purposes; to label program for genetically modified food; of California, Ms. KUSTER, Ms. the Committee on Transportation and Infra- to the Committee on Energy and Commerce. CLARKE of New York, Mr. CONNOLLY, structure, and in addition to the Committees 47. Also, a memorial of the Legislature of Mr. ELLISON, Ms. SEWELL of Alabama, on Ways and Means, and Natural Resources, the State of Oregon, relative to Senate Joint Ms. DELAURO, Mr. PALLONE, Ms. for a period to be subsequently determined Memorial 10, urging the Congress of the MENG, Mrs. BUSTOS, Ms. FRANKEL of by the Speaker, in each case for consider- United States of America to pass legislation Florida, Ms. BROWNLEY of California, ation of such provisions as fall within the ju- to create the Willamette Falls National Her- Mr. COURTNEY, Ms. LEE, Mr. MCNER- risdiction of the committee concerned. itage Area; to the Committee on Natural Re- NEY, Mr. MCGOVERN, Ms. BASS, Mr. By Mr. KING of Iowa: sources. BLUMENAUER, Ms. JACKSON LEE, Mr. H.R. 2701. A bill to direct the President to 48. Also, a memorial of the Legislature of LEWIS, Ms. KAPTUR, Mr. TONKO, Mr. impose duties on merchandise from the Peo- the State of Nevada, relative to Senate Joint

VerDate Sep 11 2014 06:53 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\L09JN7.100 H09JNPT1 smartinez on DSK4TPTVN1PROD with HOUSE H4002 CONGRESSIONAL RECORD — HOUSE June 9, 2015 Resolution No. 4, urging Congress to enact Article I, Section 8, Clause 12 (related to By Ms. TITUS: the Marketplace Fairness Act; to the Com- the power of Congress to raise and support H.R. 2706. mittee on the Judiciary. armies) and Article I, Section 8, Clause 17 Congress has the power to enact this legis- 49. Also, a memorial of the Legislature of (related to the power of Congress to exercise lation pursuant to the following: the State of Oregon, relative to Senate Joint exclusive legislation over needful buildings). The bill is enacted pursuant to the power Memorial 9, respectfully requesting that the By Mr. CICILLINE: granted to Congress under Article I, Section Congress of the United States expedite ap- H.R. 2694. 8, Amendment XVI, of the United States propriation of funds to enhance efforts to Congress has the power to enact this legis- Constitution monitor and prevent the spread of aquatic lation pursuant to the following: By Mr. WALKER: invasive species and to implement the intent Article I, Section 8 of the Constitution of H.R. 2707. of the Water Resources Reform and Develop- the United States. Congress has the power to enact this legis- ment Act; to the Committee on Transpor- By Mr. CICILLINE: lation pursuant to the following: tation and Infrastructure. H.R. 2695. Article 1, Section 8, Clause 3 of the United 50. Also, a memorial of the Legislature of Congress has the power to enact this legis- States Constitution gives Congress the the State of Arizona, relative to Senate Con- lation pursuant to the following: power to ‘‘regulate Commerce with foreign current Memorial 1008, urging the United Article I, Section 8. Nations, and among the several States, and States Department of Veterans Affairs to re- By Mr. GRIFFITH: with the Indian Tribes.’’ Article 1, Section 8, view the disability rating process; to the H.R. 2696. Clause 18 of the United States Constitution, Committee on Veterans’ Affairs. Congress has the power to enact this legis- which gives Congress the power to ‘‘make all 51. Also, a memorial of the House of Rep- lation pursuant to the following: Laws which shall be necessary and proper for resentatives of the State of Illinois, relative This bill is enacted pursuant to the power carrying into Execution the foregoing Pow- to House Resolution No. 0414, urging the granted to Congress under Article I, Section ers, and all other Powers vested by this Con- United States Congress to take prompt ac- 8 of the United States Constitution. stitution in the Government of the United tion to reauthorize the James Zadroga 9/11 By Mr. GRIJALVA: States, or in any Department or Officer family of programs and to fully fund these H.R. 2697. thereof.’’ This legislation puts forth meas- programs; jointly to the Committees on En- Congress has the power to enact this legis- ures relating to the treatment of existing ergy and Commerce and the Judiciary. lation pursuant to the following: commerce and the exchange of health care 52. Also, a memorial of the Legislature of U.S. Const. art. I, sec. 8, cl. 3 products, services, and transactions as regu- the State of Arizona, relative to Senate Con- To regulate Commerce with foreign Na- lated by the Affordable Care Act. current Memorial 1006, urging the United tions, and among the several States, and By Mr. WILSON of South Carolina: States Congress to vote to approve the Key- with the Indian tribes. H.R. 2708. stone XL oil pipeline; jointly to the Commit- By Mr. HOLDING: Congress has the power to enact this legis- tees on Transportation and Infrastructure, H.R. 2698. lation pursuant to the following: Energy and Commerce, and Natural Re- Congress has the power to enact this legis- Article I, section 8 and requirements out- sources. lation pursuant to the following: lined in the National Security Act of 1947. Article 1, Section 8 ‘‘The Congress shall f Article I, section 8 gives Congress the power have Power To lay and collect Taxes, Duties, ‘‘to . . . provide for the common defense and CONSTITUTIONAL AUTHORITY Imposts and Excises, [. . .]’’ general welfare of the United States.’’ The STATEMENT By Mr. ISRAEL: Necessary and Proper Clause of that section H.R. 2699. also grants Congress the power ‘‘[t]o make Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- all laws which shall be necessary and proper the Rules of the House of Representa- lation pursuant to the following: for carrying into Execution the foregoing Article I, Section 8, Clause 3 of the United tives, the following statements are sub- Powers and all other Powers vested in this States Constitution mitted regarding the specific powers Constitution in the Government of the By Mr. ISRAEL: granted to Congress in the Constitu- United States, or in any Department or Offi- H.R. 2700. cer thereof.’’ Title I, Sec. 101 of the National tion to enact the accompanying bill or Congress has the power to enact this legis- Security Act of 1947, requires the National joint resolution. lation pursuant to the following: Security Council to ‘‘assess and appraise the By Mr. RYAN of Wisconsin: This bill is enacted pursuant to the powers objectives, commitments, and risks of the H.R. 2688. granted to the Congress by Article I. Section United States in relation to our actual and Congress has the power to enact this legis- 8, and Article I, Section 9 of the United potential military power, in the interest of lation pursuant to the following: States Constitution. national security; for the purpose of making Article I, Section 8, Clause 1 of the United By Mr. KING of Iowa: States Constitution, to ‘‘provide for the com- H.R. 2701. recommendations . . .’’ mon Defence and general Welfare of the Congress has the power to enact this legis- f United States.’’ lation pursuant to the following: By Mrs. MIMI WALTERS of California: Congress’s Power to regulate Commerce ADDITIONAL SPONSORS H.R. 2689. with foreign Nations under Article I, Section Under clause 7 of rule XII, sponsors Congress has the power to enact this legis- 8, Clause 3 of the Constitution. were added to public bills and resolu- lation pursuant to the following: By Mr. ROKITA: Article 1, Section 8 of the Constitution: To H.R. 2702. tions, as follows: make all Laws which shall be necessary and Congress has the power to enact this legis- H.R. 6: Mrs. WALORSKI, Mr. ISRAEL, Mr. proper for carrying into Execution the fore- lation pursuant to the following: HULTGREN, Ms. KUSTER, Mr. YODER, Mr. going Powers, and all other Powers vested by Article I, Section 8, Clause 3 of the United DENT, Mr. CURBELO of Florida, Mrs. KIRK- this Constitution in the Government of the States Constitution, which reads ‘‘The Con- PATRICK, Mr. POLIS, Mr. O’ROURKE, Mr. HUD- United States, or in any Department or Offi- gress shall have Power to regulate Com- SON, Mr. CA´ RDENAS, Mrs. CAPPS, Mr. ROE of cer thereof merce with foreign Nations, and among the Tennessee, Mr. BISHOP of Michigan, Mr. By Ms. MATSUI: several States, and with the Indian Tribes.’’ ROSS, and Mr. PAYNE. H.R. 2690. By Mr. RUPPERSBERGER: H.R. 9: Mr. CLEAVER. Congress has the power to enact this legis- H.R. 2703. H.R. 136: Mr. CALVERT and Mr. HUNTER. lation pursuant to the following: Congress has the power to enact this legis- H.R. 169: Mr. STIVERS. Article 1, Section 8, Clause 3 lation pursuant to the following: H.R. 218: Ms. MCSALLY. By Mr. RUIZ: Article I, § 8, clause 3, the Commerce H.R. 223: Mr. JOHNSON of Ohio. H.R. 2691. Clause. H.R. 232: Mr. REED, Mrs. CAPPS, Mr. HURT Congress has the power to enact this legis- By Ms. LINDA T. SA´ NCHEZ of Cali- of Virginia, Ms. DEGETTE, Mr. LEWIS, Mr. lation pursuant to the following: fornia: LIPINSKI, and Mr. RUPPERSBERGER. Article I, Section 8 of the United States H.R. 2704. H.R. 235: Mr. JODY B. HICE of Georgia, Mr. Constitution. Congress has the power to enact this legis- MCNERNEY, and Mr. BUCHANAN. By Mrs. BEATTY: lation pursuant to the following: H.R. 276: Mr. CONAWAY. H.R. 2692. This bill is enacted pursuant to the power H.R. 303: Mr. JONES, Mr. CALVERT, and Mr. Congress has the power to enact this legis- granted to Congress under Article I, Section COSTELLO of Pennsylvania. lation pursuant to the following: 8, Clause 3 of the United States Constitution. H.R. 359: Mr. ROONEY of Florida. Article I, Section 8, Clause 1 of the Con- By Mr. THORNBERRY: H.R. 395: Mrs. KIRKPATRICK. stitution H.R. 2705. H.R. 413: Mr. BRENDAN F. BOYLE of Penn- By Mr. BRAT: Congress has the power to enact this legis- sylvania and Mr. YARMUTH. H.R. 2693. lation pursuant to the following: H.R. 420: Mr. ALLEN. Congress has the power to enact this legis- Article I, Section 8, Clause 3 of the United H.R. 430: Ms. DEGETTE. lation pursuant to the following: States Constitution. H.R. 470: Mr. BISHOP of Georgia.

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H.R. 478: Mr. STEWART. H.R. 1153: Mr. JODY B. HICE of Georgia. H.R. 1768: Mr. CALVERT. H.R. 511: Mr. NUNES, Mr. WILSON of South H.R. 1161: Mr. BUTTERFIELD and Mr. JONES. H.R. 1769: Mrs. KIRKPATRICK, Mr. LANGEVIN, Carolina, and Ms. FOXX. H.R. 1171: Mr. NOLAN. and Mr. COURTNEY. H.R. 532: Ms. TSONGAS. H.R. 1178: Mrs. MIMI WALTERS of California H.R. 1775: Ms. SCHAKOWSKY and Ms. H.R. 540: Mr. CONNOLLY and Ms. KAPTUR. and Mr. TAKANO. DEGETTE. H.R. 546: Ms. KELLY of Illinois. H.R. 1181: Mr. CA´ RDENAS. H.R. 1786: Mr. GENE GREEN of Texas and H.R. 556: Mr. HASTINGS, Mr. COHEN, Mr. H.R. 1185: Mr. SWALWELL of California and Ms. MATSUI. ROE of Tennessee, Mr. RANGEL, Mr. Ms. STEFANIK. H.R. 1814: Mr. ISRAEL, Mr. SHERMAN, Mr. WESTERMAN, Mr. ASHFORD, Mr. HENSARLING, H.R. 1188: Mr. LEWIS. TONKO, Mr. CAPUANO, Ms. DEGETTE, Mr. Mr. COLLINS of New York, Mr. FLEMING, and H.R. 1197: Mr. CA´ RDENAS, Mr. ELLISON, Mr. PRICE of North Carolina, Mr. GALLEGO, Mr. Ms. SLAUGHTER. VARGAS, and Mr. BISHOP of Georgia. RICHMOND, Mr. THOMPSON of Mississippi, and H.R. 563: Mr. COURTNEY and Mr. RANGEL. H.R. 1202: Mrs. LUMMIS and Mr. GIBSON. Mr. GENE GREEN of Texas. H.R. 581: Mr. COSTELLO of Pennsylvania. H.R. 1211: Mr. GUTIE´ RREZ and Mr. LEWIS. H.R. 1832: Ms. JUDY CHU of California and H.R. 584: Mr. COFFMAN. H.R. 1233: Mr. EMMER of Minnesota. Ms. JACKSON LEE. H.R. 592: Ms. BROWNLEY of California. H.R. 1247: Ms. ROYBAL-ALLARD. H.R. 1853: Mr. MESSER, Mr. BURGESS, Mr. H.R. 602: Mrs. CAROLYN B. MALONEY of New H.R. 1266: Mr. CRAMER, Mr. EMMER of Min- POLIS, Mrs. LAWRENCE, Mr. COLLINS of Geor- York. nesota, and Mr. KING of New York. gia, Mr. ADERHOLT, Mr. CARSON of Indiana, H.R. 614: Mr. BERA. H.R. 1267: Mr. LUCAS. and Mr. BABIN. H.R. 625: Mr. BRENDAN F. BOYLE of Penn- H.R. 1289: Mr. MCDERMOTT, Ms. KUSTER, H.R. 1854: Mr. JOYCE. sylvania and Mr. YARMUTH. and Mr. THOMPSON of California. H.R. 1902: Mr. GUTIE´ RREZ and Mr. RANGEL. H.R. 632: Mr. THOMPSON of California, Mr. H.R. 1300: Mr. VISCLOSKY. H.R. 1925: Ms. ESTY. KEATING, and Mr. LYNCH. H.R. 1301: Mr. FLORES, Mr. MCHENRY, Ms. H.R. 1932: Mr. JODY B. HICE of Georgia. H.R. 653: Mr. AMODEI. KUSTER, Mr. CARNEY, Mrs. BLACKBURN, and H.R. 1933: Mr. SIRES and Ms. ESHOO. H.R. 662: Mr. ROE of Tennessee. Mr. SALMON. H.R. 1994: Mr. COFFMAN, Mr. MESSER, Mr. H.R. 664: Ms. MCCOLLUM. H.R. 1355: Ms. SINEMA. HUNTER, and Mr. LOUDERMILK. H.R. 692: Mrs. HARTZLER and Mr. MESSER. H.R. 1356: Ms. MATSUI, Ms. TITUS, Mr. H.R. 2014: Mr. SARBANES. H.R. 699: Mr. VARGAS. ZINKE, and Ms. ESTY. H.R. 2019: Mr. BURGESS, Mr. SMITH of Ne- H.R. 702: Mrs. BLACK, Mr. LAMBORN, Mr. H.R. 1375: Mr. HIMES, Ms. KAPTUR, and Mr. braska, Mr. COLE, Mr. LAMALFA, and Mr. MESSER, Mr. WOMACK, and Mr. HULTGREN. STEWART. HURT of Virginia. H.R. 716: Mr. HONDA. H.R. 1388: Mr. STIVERS and Mr. HUDSON. H.R. 2025: Mr. DEFAZIO. H.R. 721: Mr. RUPPERSBERGER, Mr. ROGERS H.R. 1391: Ms. MCCOLLUM. H.R. 2026: Mrs. LOWEY and Ms. SINEMA. of Kentucky, Mr. YOHO, Mr. SWALWELL of H.R. 1399: Mr. JOHNSON of Ohio, Ms. LEE, H.R. 2042: Mr. JENKINS of West Virginia, California, Mr. COOK, Mr. CAPUANO, Mr. Ms. WASSERMAN SCHULTZ, and Mr. BISHOP of Mrs. BLACK, Mr. LONG, Mrs. LUMMIS, Mr. BERA, Mr. LANCE, Mr. PRICE of North Caro- Georgia. DESJARLAIS, Mrs. WAGNER, Mr. STEWART, Mr. lina, Ms. DELBENE, Mr. BUTTERFIELD, and H.R. 1401: Mr. FITZPATRICK, Mr. LEWIS, Mr. HARPER, Mr. WOMACK, Mr. ROE of Tennessee, Mr. ROONEY of Florida. COHEN, and Mr. COLE. Mr. FLORES, Mr. JOHNSON of Ohio, Mr. KLINE, H.R. 731: Mr. CICILLINE. H.R. 1424: Mr. CRAWFORD, Mr. WESTMORE- Ms. JENKINS of Kansas, and Mr. PALAZZO. H.R. 757: Mr. BISHOP of Michigan. LAND, and Mr. BLUM. H.R. 2044: Mr. MESSER. H.R. 766: Mr. EMMER of Minnesota. H.R. 1427: Mr. CHABOT, Ms. CASTOR of Flor- H.R. 2058: Mr. YODER, Mr. WHITFIELD, and H.R. 767: Mr. HURT of Virginia, Ms. ida, Mr. FRANKS of Arizona, Mr. Mr. HURT of Virginia. DEGETTE, Mr. CARTWRIGHT, Mr. POLIS, and H.R. 2061: Mr. STIVERS, Mr. FARR, Mr. FARENTHOLD, Mr. DEUTCH, Mr. CAPUANO, Mr. Mr. RUPPERSBERGER. BRIDENSTINE, Mr. SMITH of Washington, and RUSH, Ms. CLARK of Massachusetts, Mr. RYAN H.R. 772: Ms. NORTON and Mr. CONYERS. Mr. HARRIS. of Ohio, Ms. MCCOLLUM, Mr. PETERSON, Mr. H.R. 774: Mr. CULBERSON. H.R. 2096: Mr. YODER. BRENDAN F. BOYLE of Pennsylvania, Mr. H.R. 775: Mr. VAN HOLLEN, Mr. DIAZ- H.R. 2123: Ms. ROS-LEHTINEN. CURBELO of Florida, Mr. ISRAEL, Mr. ELLI- BALART, Ms. CASTOR of Florida, Ms. HERRERA H.R. 2132: Mr. TAKANO and Mr. PASCRELL. SON, Mr. ROSS, and Mr. DOLD. BEUTLER, Mr. COHEN, Mr. NUGENT, and Mr. H.R. 2148: Mr. AUSTIN SCOTT of Georgia. H.R. 1439: Mr. LARSON of Connecticut. CARTER of Georgia. H.R. 2156: Mr. BERA. H.R. 1475: Mr. FARENTHOLD, Ms. WILSON of H.R. 781: Mr. MCDERMOTT. H.R. 2167: Mr. THOMPSON of California and Florida, and Mr. BISHOP of Michigan. H.R. 785: Mr. BRENDAN F. BOYLE of Penn- Mrs. KIRKPATRICK. H.R. 1496: Mr. DESAULNIER. sylvania. H.R. 2255: Mr. MARCHANT. H.R. 1533: Ms. MCCOLLUM. H.R. 789: Ms. ESHOO. H.R. 2259: Mr. JODY B. HICE of Georgia and H.R. 1546: Mr. NUGENT. H.R. 825: Mr. KLINE. Mr. NEWHOUSE. COTT H.R. 840: Mr. SWALWELL of California, Ms. H.R. 1549: Mr. S of Virginia. H.R. 2260: Mrs. LOWEY. CLARK of Massachusetts, and Ms. EDWARDS. H.R. 1552: Mr. LARSEN of Washington and H.R. 2280: Mr. LYNCH. H.R. 845: Ms. CASTOR of Florida, Mr. Ms. DEGETTE. H.R. 2295: Mr. TURNER, Mr. FARENTHOLD, DUFFY, and Mr. TONKO. H.R. 1555: Mr. HARPER. Mr. MCKINLEY, Mr. GOSAR, Mr. DUNCAN of H.R. 846: Mr. FATTAH, Mr. COURTNEY, and H.R. 1559: Mr. REICHERT, Mr. BERA, Ms. South Carolina, and Mr. KELLY of Pennsyl- Ms. KELLY of Illinois. PLASKETT, Mr. CONNOLLY, Mr. JENKINS of vania. H.R. 855: Ms. CASTOR of Florida, Mr. BRADY West Virginia, and Mr. WHITFIELD. H.R. 2300: Mr. BARLETTA. of Pennsylvania, and Ms. LEE. H.R. 1567: Mr. COURTNEY and Mr. CARSON of H.R. 2302: Ms. SLAUGHTER, Mr. CarSON of H.R. 865: Mr. STIVERS and Mr. MULLIN. Indiana. Indiana, Mrs. LAWRENCE, and Ms. PLASKETT. H.R. 868: Mr. BISHOP of Georgia, Mr. NUNES, H.R. 1572: Mrs. WALORSKI. H.R. 2309: Mrs. LOWEY and Mr. PASCRELL. Mr. STIVERS, Mr. CARSON of Indiana, and Mr. H.R. 1602: Ms. JUDY CHU of California and H.R. 2323: Mr. PAULSEN. KINZINGER of Illinois. Mr. BERA. H.R. 2328: Mr. KLINE. H.R. 921: Mr. STIVERS, Mr. TAKANO, and Mr. H.R. 1610: Mr. PERRY. H.R. 2342: Ms. HERRERA BEUTLER, Mr. YOUNG of Iowa. H.R. 1616: Mr. AUSTIN SCOTT of Georgia. COHEN, Ms. ROYBAL-ALLARD, Mr. ASHFORD, H.R. 932: Mrs. WATSON COLEMAN. H.R. 1624: Mr. CURBELO of Florida, Mr. Mr. HUIZENGA of Michigan, Mr. FLEMING, and H.R. 963: Ms. DEGETTE. GRAVES of Missouri, Mr. BRIDENSTINE, Mr. Mr. CARTER of Georgia. H.R. 969: Mr. CARSON of Indiana. HENSARLING, Mr. LAMALFA, Mr. DESJARLAIS, H.R. 2360: Ms. KUSTER. H.R. 985: Mr. VALADAO, Mr. JONES, and Mr. Mr. SEAN PATRICK MALONEY of New York, H.R. 2382: Mr. GUINTA. MESSER. Mr. CLEAVER, and Ms. LINDA T. SA´ NCHEZ of H.R. 2400: Mr. HULTGREN, Mr. MCCLINTOCK, H.R. 986: Mr. FLEMING and Mr. CARTER of California. and Mr. PITTENGER. Georgia. H.R. 1635: Ms. LOFGREN and Mr. YOUNG of H.R. 2404: Ms. PINGREE, Ms. BORDALLO, Ms. H.R. 989: Ms. KAPTUR. Iowa. DELAURO, Mr. CONNOLLY, Mrs. Ellmers of H.R. 990: Mr. HONDA, Ms. NORTON, and Mr. H.R. 1666: Mr. GROTHMAN. North Carolina, Mr. HULTGREN, Ms. BROWN of SWALWELL of California. H.R. 1671: Mr. DESJARLAIS, Mr. DUNCAN of Florida, Mr. FARENTHOLD, Mr. CARTWRIGHT, H.R. 1013: Mr. BEYER and Mr. TED LIEU of South Carolina, and Mr. FARENTHOLD. Ms. NORTON, Mr. RYAN of Ohio, Mr. JOHNSON California. H.R. 1684: Mr. SEAN PATRICK MALONEY of of Georgia, Mr. GIBSON, and Ms. JACKSON H.R. 1023: Ms. HAHN, Mr. CARTWRIGHT, Mrs. New York. LEE. LAWRENCE, and Mr. GIBSON. H.R. 1705: Mr. ASHFORD. H.R. 2441: Mr. NUGENT. H.R. 1062: Mr. GRAVES of Louisiana. H.R. 1726: Ms. MCCOLLUM. H.R. 2450: Mr. CICILLINE. H.R. 1101: Mr. BRADY of Texas. H.R. 1742: Mr. CARSON of Indiana. H.R. 2493: Mrs. LAWRENCE and Mr. VAN H.R. 1120: Mr. HUNTER. H.R. 1748: Mr. HUFFMAN, Ms. KUSTER, and HOLLEN. H.R. 1141: Mr. COURTNEY. Mr. ISRAEL. H.R. 2494: Mr. MCCAUL, Mr. RANGEL, Mr. H.R. 1145: Ms. PINGREE. H.R. 1752: Mr. SESSIONS, Mr. HENSARLING, RYAN of Ohio, Mr. WILSON of South Carolina, H.R. 1151: Mr. SCHIFF, Mrs. TORRES, Mr. Mr. AUSTIN SCOTT of Georgia, and Mr. NUNES. Mr. WEBER of Texas, Mr. MCGOVERN, Mr. RIBBLE, Mr. PAYNE, Mr. FINCHER, Mr. GRAVES H.R. 1760: Mr. WELCH, Mr. VALADAO, Mr. FARR, Mr. GARAMENDI, Mr. PEARCE, Mr. of Missouri, Mr. STIVERS, and Mr. AMODEI. KILMER, and Mr. JOHNSON of Ohio. COOK, and Mr. POLIS.

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H.R. 2506: Mr. DESJARLAIS. in the State of California or for the Cali- Urban Development (dated April 30, 2015) or H.R. 2508: Mr. PETERSON. fornia High-Speed Rail Authority. any other provision of law, the Secretary of H.R. 2535: Mr. PETERSON. H.R. 2577 Housing and Urban Development shall— H.R. 2536: Mr. GIBSON. (1) implement the Mortgagee Optional OFFERED BY: MR. EMMER OF MINNESOTA H.R. 2538: Mr. THOMPSON of California. Election (MOE) Assignment for home equity H.R. 2540: Ms. ROS-LEHTINEN. AMENDMENT NO. 34: At the end of the bill conversion mortgages (as set forth in Mort- H.R. 2544: Mr. SMITH of Nebraska. (before the short title), insert the following: gagee Letter 2015-03, dated January 29, 2015), H.R. 2545: Mr. LEVIN. SEC. ll. None of the funds made available allowing additional flexibility for non-bor- H.R. 2568: Mr. ROE of Tennessee. by this Act may used to carry out any en- rowing spouses to meet its requirements; and H.R. 2590: Mr. EMMER of Minnesota. richment as defined in Appendix A to Part (2) provide for a 5-year delay in foreclosure H.R. 2606: Mr. PALMER, Mr. RUSSELL, and 611 of title 49, Code of Federal Regulations, in the case of any other home equity conver- Mr. MEADOWS. for any New Start grant request. sion mortgage that— H.R. 2610: Mr. CURBELO of Florida and Mr. H.R. 2577 (A) has an FHA Case Number assigned be- HIGGINS. OFFERED BY: MR. GROTHMAN fore August, 4, 2014; and H.R. 2611: Mr. KLINE. (B) has a last surviving borrower who has H.R. 2623: Mr. NADLER. AMENDMENT NO. 35: At the end of the bill (before the short title), insert the following: died and who has a non-borrowing surviving H.R. 2634: Miss RICE of New York. spouse who does not qualify for the Mort- H.R. 2647: Mr. GOSAR. SEC. ll. None of the funds made available by this Act under the heading ‘‘Department gagee Optional Election and who, but for the H.R. 2657: Ms. CASTOR of Florida and Mr. death of such borrowing spouse, would be STIVERS. of Housing and Urban Development—Housing Programs—Project-Based Rental Assist- able to remain in the dwelling subject to the H.R. 2660: Ms. PLASKETT, Mr. TONKO, Ms. mortgage. WILSON of Florida, Mr. BRENDAN F. BOYLE of ance’’ may be used for any family who is not H.R. 2577 Pennsylvania, Ms. ROYBAL-ALLARD, Mr. an elderly family or a disabled family (as LOWENTHAL, and Ms. Kaptur. such terms are defined in section 3(b) of the OFFERED BY: MR. ZELDIN H.R. 2669: Mr. KINZINGER of Illinois, Mr. United States Housing Act of 1937 (42 U.S.C. AMENDMENT NO. 39: At the end of the bill, GUTHRIE, Mr. MEEKS, Mr. RUSH, Mr. WELCH, 1437a(b)) and who was not receiving project- (before the short title), insert the following: Mr. BUTTERFIELD, and Ms. ESHOO. based rental assistance under section 8 of SEC. ll. None of the funds made available H.R. 2670: Mr. CURBELO of Florida, Ms. such Act (42 U.S.C. 1437f) as of October 1, by this Act may be used by the Adminis- VELA´ ZQUEZ, Mr. TAKAI, and Mrs. RADEWAGEN. 2015, and the amount otherwise provided trator of the Federal Aviation Administra- H.R. 2680: Mr. TAKANO. under such heading is reduced by $300,000,000. tion to institute an administrative or civil H. Con. Res. 19: Mr. GROTHMAN and Mr. H.R. 2577 action (as defined in section 47107 of title 49, United States Code) against the sponsor of EMMER of Minnesota. OFFERED BY: MR. GROTHMAN H. Con. Res. 55: Mr. RANGEL. the East Hampton Airport in East Hampton, AMENDMENT NO. 36: At the end of the bill NY. H. Res. 12: Mr. GRIJALVA and Mr. ROGERS of (before the short title), insert the following: Alabama. H.R. 2577 SEC. ll. None of the funds made available H. Res. 14: Ms. LOFGREN and Mr. O’ROURKE. OFFERED BY: MR. PETERS by this Act under the heading ‘‘Department H. Res. 107: Mr. CARSON of Indiana and Mr. of Housing and Urban Development—Public AMENDMENT NO. 40: At the end of the bill WALZ. and Indian Housing Programs—Tenant-Based (before the short title), insert the following: H. Res. 130: Mr. FITZPATRICK. SEC. ll. None of the funds made available Rental Assistance’’ may be used for any fam- H. Res. 145: Mr. CARSON of Indiana and Ms. by this Act may be used in contravention of ily who is not an elderly family or a disabled EDWARDS. Executive Order 11246 (relating to Equal Em- family (as such terms are defined in section H. Res. 154: Mr. TONKO. ployment Opportunity). 3(b) of the United States Housing Act of 1937 H. Res. 203: Ms. WILSON of Florida. H.R. 2577 (42 U.S.C. 1437a(b)) and who was not receiv- H. Res. 209: Mr. DESANTIS. ing tenant-based rental assistance under sec- OFFERED BY: MR. HULTGREN H. Res. 233: Ms. WILSON of Florida, Mr. tion 8 of such Act (42 U.S.C. 1437f) as of Octo- AMENDMENT NO. 41: None of the funds made HUDSON, Mr. ROKITA, and Mr. BOUSTANY. ber 1, 2015, and the amount otherwise pro- available by this Act may be used by the H. Res. 248: Mrs. BLACK. vided under such heading is reduced, the Federal Aviation Administration for the bio- H. Res. 270: Mr. DUNCAN of Tennessee, Mr. amount specified under such heading for re- data assessment in the hiring of Air Traffic LAMBORN, Mr. BILIRAKIS, and Mr. SCHIFF. newals of expiring section 8 tenant-based an- Control Specialists. H. Res. 294: Mr. MCGOVERN. nual contributions contracts is reduced, and H.R. 2577 H. Res. 295: Ms. GABBARD. the amount specified under such heading for OFFERED BY: MR. MEEHAN f administrative and other expenses of public AMENDMENT NO. 42: At the end of the bill DELETIONS OF SPONSORS FROM housing agencies in administering the sec- (before the short title), insert the following: PUBLIC BILLS AND RESOLUTIONS tion 8 tenant-based rental assistance pro- SEC. 416. None of the funds made available gram) is reduced, by $300,000,000, $210,000,000, by this Act for Amtrak capital grants may Under clause 7 of rule XII, sponsors and $90,000,000, respectively. be used for projects off the Northeast Cor- were deleted from public bills and reso- H.R. 2577 ridor until the level of capital spending by Amtrak for capital projects on the Northeast lutions, as follows: OFFERED BY: MS. MAXINE WATERS OF Corridor during fiscal year 2016 equals the H.R. 2383: Mr. PITTENGER. CALIFORNIA amount of Amtrak’s profits from Northeast H. Res. 198: Mr. AMASH. AMENDMENT NO. 37: At the end of the bill Corridor operations during fiscal year 2015. f (before the short title), insert the following: H.R. 2685 SEC. 4ll. None of the funds made avail- AMENDMENTS OFFERED BY: MR. KING OF IOWA able by this Act may be used to establish Under clause 8 of rule XVIII, pro- any asset management position (including AMENDMENT NO. 1: At the end of the bill, posed amendments were submitted as any account executive, senior account execu- before the short title, add the following new tive, and troubled asset specialist position, section: follows: SEC. . None of the funds appropriated as such positions are described in the Field ll H.R. 2577 or otherwise made available in this Act shall Resource Manual (Wave 1) entitled ‘‘Trans- be used by the Department of Defense to OFFERED BY: MR. DENHAM formation: Multifamily for Tomorrow’’ of process pursuant to the memorandum of the AMENDMENT NO. 32: At the end of the bill the Department of Housing and Urban Devel- Secretary of Defense entitled ‘‘Military Ac- (before the short title), insert the following: opment) of the Office of Multifamily Housing cessions Vital to National Interest (MAVNI) SEC. . None of the funds made available ll of the Department of Housing and Urban De- Program Eligibility’’ and dated November by this Act may be used for high-speed rail velopment, or newly hire an employee for 2014 any application wherein an individual in the State of California or for the Cali- any asset management position, that is lo- relies on a granted deferred action by the De- fornia High-Speed Rail Authority, nor may cated at a Core office (as such term is used partment of Homeland Security pursuant to any be used by the Federal Railroad Admin- in such Field Resource Manual) before filling the Deferred Action for Childhood Arrivals istration to administer a grant agreement each such asset management position that is (DACA) process established pursuant to the with the California High-Speed Rail Author- located at a Non-Core office (as such term is memorandum of the Secretary of Homeland ity that contains a tapered matching re- used in such Field Resource Manual) and has Security entitled ‘‘Exercising Prosecutorial quirement. been vacated since October 1, 2015. Discretion with Respect to Individuals Who H.R. 2577 H.R. 2577 Came to the United States as Children’’ and OFFERED BY: MR. DENHAM OFFERED BY: MR. LEWIS dated June 15, 2012. AMENDMENT NO. 33: At the end of the bill AMENDMENT NO. 38: Page 156, after line 15, H.R. 2685 (before the short title), insert the following: insert the following new section: OFFERED BY: MR. HUIZENGA OF MICHIGAN SEC. ll. None of the funds made available SEC. 416. Notwithstanding Mortgagee Let- AMENDMENT NO. 2: At the end of the bill by this Act may be used for high-speed rail ter 2015-12 of the Department of Housing and (before the short title), insert the following:

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SEC. 10003. None of the funds made avail- SEC. ll. None of the funds made available (6) Section 203 of the Energy Policy Act of able by this Act may be used by the Defense by this Act may be used to carry out any of 2005 (42 U.S.C. 15852). Logistics Agency to implement the Small the following: H.R. 2685 Business Administration interim final rule (1) Sections 2(b), 2(d), 2(g), 3(c), 3(e), 3(f), or 3(g) of Executive Order 13423. OFFERED BY: MR. HUFFMAN titled ‘‘Small Business Size Standards; Adop- (2) Sections 2(a), 2(b), 2(c), 2(f)(iii-iv), 2(h), AMENDMENT NO. 4: Strike section 8053. tion of 2012 North American Industry Classi- 7, 9, 12, 13, or 16 of Executive Order 13514. H.R. 2685 fication System’’ (published August 20, 2012, (3) Subsection (e) and paragraphs (4), (9), in the Federal Register) with respect to the (10), and (12) of subsection (c) of section 2911 OFFERED BY: MR. MACARTHUR procurement of footwear. of title 10, United States Code. AMENDMENT NO. 5: At the end of the bill (4) Sections 400AA or 400 FF of the Energy (before the short title), insert the following: H.R. 2685 Policy and Conservation Act (42 U.S.C. 6374, SEC. ll. None of the funds made available OFFERED BY: MR. MCCLINTOCK 6374e). by this Act may be used to divest or retire, (5) Section 303 of the Energy Policy Act of or to prepare to divest or retire, KC–10 air- AMENDMENT NO. 3: 1992 (42 U.S.C. 13212). craft.

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Vol. 161 WASHINGTON, TUESDAY, JUNE 9, 2015 No. 91 Senate The Senate met at 10 a.m. and was Mr. FRANKEN. Thank you, Leader White House and reality can be stark. called to order by the President pro REID. That was evident yesterday when tempore (Mr. HATCH). f President Obama told us that Obamacare was ‘‘working’’ and that es- f WELCOMING THE GUEST sentially ‘‘none’’ of the warnings of the PRAYER CHAPLAIN law’s failures and broken promises had The PRESIDENT pro tempore. To- Mr. FRANKEN. Mr. President, I rise come to pass. I imagine the families day’s opening prayer will be offered by today to thank Rabbi Harold Kravitz threatened with double-digit premium the guest chaplain, Rabbi Harold for offering the opening prayer today increases would beg to differ, as would Kravitz from Minnetonka, MN. in the Senate and to praise him for all the millions of families who received The guest Chaplain offered the fol- of his excellent work. cancelation notices for the plans they lowing prayer: Rabbi Kravitz is rabbi at Adath had and wanted to keep. That is espe- Our God of all that is good, it is a Jeshurun in my State of Minnesota and cially true considering something else privilege to be inside this Capitol is an important leader in our State. In the President said—that Obamacare Building, richly designed to inspire addition to serving his congregation, ‘‘hasn’t had an adverse effect on people those who govern to achieve the Rabbi Kravitz is also a leader in the who already had health insurance.’’ loftiest goals possible for this Nation. fight against hunger. He is outgoing That is what the President said, that Guide the Senators who sit in this chair of the board of MAZON: A Jewish Obamacare hasn’t had an adverse effect Chamber to do what the Book of Deu- Response to Hunger, where he has been on people who already had health in- teronomy describes: ‘‘that which is working to end hunger for all people surance. President Obama actually said right and good in the sight of the Eter- regardless of their faith background. that. It may border on the absurd, but One of the things most notable about nal One.’’ he did say it. We pray for all Americans, especially Rabbi Kravitz is his commitment to Perhaps the President will make those who lack sufficient food to feed bringing together people of all faiths to even more bizarre claims today as he themselves and their families. This end hunger. I especially want to recog- tries to bolster the image of a law that body has the power to change this re- nize Rabbi Kravitz’s work in Minnesota only 11 percent of Americans say is a ality, to do that which is right and to make school lunches free and avail- success—only 11 percent of Americans good. able for all children. say Obamacare is a success—or perhaps May the One who Provides Suste- No child should ever go hungry. We he will keep realities facing the middle nance for All—Hazan et Hakol—bless know kids won’t do as well in school class in mind. Instead of jousting with this United States Senate with the wis- when they are hungry. It is also just reality again, perhaps he will consider dom and compassion to act on its re- wrong. That is why I have taken up the the concerns of constituents who write sponsibilities for those who are vulner- issue at the Federal level as well, to in literally every day to tell us how able and in need. try to make this commonsense policy this law is hurting them. Maybe he will May all God’s people in this land be that Rabbi Kravitz has championed in remember the Kentuckian who wrote able to live with dignity and share in MAZON as widespread as possible. the plenty with which this Nation is Rabbi Kravitz has done excellent to tell me this: ‘‘I cried myself to blessed. work in Minnesota and as a national sleep.’’ ‘‘I cried myself to sleep,’’ said this Amen. leader in the fight against hunger. Kentuckian who wrote to me about Thank you for that, Rabbi, and thank f this law. That is how she felt after los- you again for offering the opening PLEDGE OF ALLEGIANCE ing health coverage with her employer prayer this morning. The President pro tempore led the and then being forced—forced—into an f Pledge of Allegiance, as follows: exchange plan she called ‘‘subpar’’ with I pledge allegiance to the Flag of the RECOGNITION OF THE MAJORITY a nearly $5,000 deductible. How helpful United States of America, and to the Repub- LEADER to most middle-class people is a health lic for which it stands, one nation under God, The PRESIDING OFFICER. The ma- insurance policy with a $5,000 deduct- indivisible, with liberty and justice for all. jority leader is recognized. ible? She said, ‘‘I work hard for every Mr. REID. Mr. President, the major- f penny I earn, and this is completely ity leader and I will yield to the Sen- unacceptable.’’ It is also another exam- ator from Minnesota. OBAMACARE ple of a law that has failed, and the The PRESIDING OFFICER (Mr. COT- Mr. MCCONNELL. Mr. President, sooner President Obama can come to TON). The Senator from Minnesota. sometimes the divide between the grips with that reality, the sooner we

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

S3889

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3890 CONGRESSIONAL RECORD — SENATE June 9, 2015 can work together to replace the fear our troops need for a reason that has on defense and nondefense discretionary and anguish of Obamacare with the nothing to do with national defense spending. There is bipartisan consensus on hope and promise of true health care spending.’’ He is right. the dangerous impact these spending caps reform. I ask unanimous consent that Sen- would have on defense. All of the military service chiefs testified this year that funding f ator MCCAIN’s op-ed be printed in the defense at the level of the BCA caps would RECORD at the conclusion of my re- put American lives at risk. NATIONAL DEFENSE marks. AUTHORIZATION ACT Rather than seeking to avoid this scenario Here is what I am asking today. I am at all costs, the president is using it as lever- Mr. MCCONNELL. Mr. President, on asking every sensible Democratic col- age to extract increases in nondefense spend- an entirely different matter, the De- league to keep onside with the Amer- ing. As his veto threat made clear, the presi- fense authorization legislation before ican people and pull these party leaders dent ‘‘will not fix defense without fixing non- the Senate would authorize the pro- back from the edge. I am asking my defense spending.’’ grams and funding that provide the friends across the aisle to join with us Such intransigence shows a disturbing mis- kind of training and equipment our alignment of White House priorities. It is the to support wounded warriors instead of first duty of the federal government to pro- military needs in the face of aggressive more partisan brinksmanship, to give tect the nation. With global threats rising, it threats such as ISIL. It would provide our troops a raise instead of giving simply makes no sense to oppose a defense a well-deserved pay raise to the brave gridlock a boost. And I am asking them policy bill full of vital authorities that our men and women who give us every- to work with us to defeat the contin- troops need for a reason that has nothing to thing to keep us safe. It contains ex- gency funding amendment offered by do with national defense spending. actly the same level of funding—ex- the senior Senator from Rhode Island The NDAA fully supports Obama’s budget actly the same level of funding—Presi- so that we can keep this bill intact and request of $612 billion for national defense, dent Obama requested in his own budg- which is $38 billion above the spending caps consistent with the budget resolution. established by the Budget Control Act. In et: $612 billion. The new Congress has been on a roll other words, this legislation gives the presi- It is just the kind of legislation you in recent months, getting things done dent every dollar of budget authority he re- would expect to receive strong bipar- for the American people in a spirit of quested. The difference is that NDAA follows tisan support. Up until now, it has. The greater openness and cooperation. the Senate Budget Resolution and funds that NDAA is a bill we typically consider Let’s keep the momentum going. Let’s $38 billion increase through Overseas Contin- every year, and it is one that typically keep that spirit alive. If Senators have gency Operations funds. passes with bipartisan support. This amendments, I would encourage them Parroting White House rhetoric, some Sen- year’s House bill passed with votes ate Democrats have been spreading misin- to work with Senator MCCAIN to get formation about OCO funding, saying this from both parties, while the Senate them processed. But above all, let’s ig- funding is inappropriate or somehow limited version of the bill passed the Armed nore the partisan voices of the past and in its ability to support our military. This is Services Committee by a huge bipar- work together for more shared achieve- nonsense. The NDAA purposefully placed the tisan margin of 22 to 4. That was in the ments instead. I think our troops and additional $38 billion of OCO funding in the Senate Armed Services Committee, the their families deserve no less. same accounts and activities for which the vote on the bill we have before us. It There being no objection, the mate- president himself requested OCO money. should be sailing through the Senate rial was ordered to be printed in the To be clear, using OCO to pay for our na- for passage by a similar margin this tional defense is not my preference. But RECORD, as follows: given the choice between OCO money and no week, but some in the Democratic [From Politico, June 9, 2015] money, I choose OCO, and multiple senior leadership are now trying to hold it OBAMA IS WRONG TO HOLD DEFENSE FUNDING military leaders testified before the Armed hostage for partisan reasons. HOSTAGE Services Committee this year that they We live in an age when, as Henry Kis- (By Sen. John McCain) would make the same choice for one simple singer recently put it, ‘‘the United Congress has passed a National Defense reason. This is $38 billion of real money that States has not faced a more diverse and Authorization Act, vital legislation pro- our military desperately needs, and without complex array of crises since the end of viding the necessary funding and authorities which our top military leaders have said the Second World War.’’ Yet some for our military and the men and women who they cannot succeed. Democratic leaders seem to think this volunteer to defend the nation, for 53 con- It remains my highest priority as chairman of the Senate Armed Services Com- is the moment to hold our national se- secutive years. This year’s NDAA should be no different. mittee to achieve a long-term, bipartisan so- curity hostage to the partisan demands lution that lifts the BCA caps once and for for more spending on Washington bu- The NDAA delivers sweeping defense reforms that will enable our military to rise to all. Obama says this is his goal as well. But reaucracies, such as the IRS. They the challenges of a more dangerous world. the NDAA is a policy bill—not a spending seem to think it is OK to hold our The legislation contains the most significant bill—and cannot accomplish that goal. In the troops and their families to ransom if reforms in a generation to a broken acquisi- absence of such an agreement, I refuse to ask they can’t plus-up unrelated bills, such tion system that takes too long and costs the brave young Americans in our military as the one that funds their own con- too much. It modernizes and improves our to defend this nation with insufficient resources that would place their lives in un- gressional offices. 70-year-old military retirement system, expanding benefits to the vast majority of necessary danger. Holding the NDAA hostage The Armed Services Committee to force that solution would be a deliberate chairman just penned an op-ed on the service members excluded from the current system. The NDAA reforms Pentagon man- and cynical failure to meet our constitu- issue that I would ask my colleagues to agement to ensure precious defense dollars tional duty to provide for the common de- read. It made many important points, are focused on our war fighters, not on ex- fense. including this one: There is bipartisan panding bloated staffs, which have grown ex- It is simply incomprehensible that as consensus that we cannot continue to ponentially in recent years. America confronts the most diverse and hold defense funding at BCA levels With $10 billion in wasteful and excessive complex array of crises around the world since the end of World War II, that a presi- after years of dangerous cuts. Military spending identified in the Pentagon’s budget, the legislation invests in crucial military ca- dent would veto funding for our military to officials have told us that to do so prove a political point. The NDAA before the could put American lives at risk, which pabilities for our war fighters. The bill accel- erates Navy shipbuilding and adds fighter Senate authorizes $612 billion for national means it is a scenario we should be aircraft to address shortfalls across the serv- defense. This is the amount requested by the working to avoid at all costs. But some ices. As adversaries threaten our military president and justified by his own national Democratic leaders seem to view such technological advantage, the bill looks to security strategy. For the sake of the men a worrying scenario as little more than the future and invests in new breakthrough and women of our military and our national leverage to extract more spending for technologies, including directed energy and security, it’s time the president learned how to say yes. unrelated bureaucracies. unmanned combat aircraft. ‘‘It is the first duty of the federal Despite these critical reforms, President f government to protect the nation,’’ Barack Obama is threatening to veto the NDAA and future defense spending bills for Senator MCCAIN wrote in his piece. RECOGNITION OF THE MINORITY reasons totally unrelated to national secu- LEADER ‘‘With global threats rising, it simply rity. makes no sense to oppose a defense pol- The Budget Control Act, which set in mo- The PRESIDING OFFICER. The icy bill full of vital authorities that tion dangerous defense cuts, establishes caps Democratic leader is recognized.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3891 AFFORDABLE CARE ACT Sequestration refers to deep, mindless, tagon. We need to fix it for defense and Mr. REID. Mr. President, the major- automatic cuts throughout the govern- nondefense programs jointly. Defense ity leader can’t seem to let the facts as ment. These cuts were authorized 4 and nondefense are inextricable. They they exist get in the way of his ide- years ago to force Congress to reduce are certainly things we cannot sepa- ology. The facts are that the Afford- the deficit in a balanced way. rate. able Care Act is working, and 16.5 mil- Unfortunately, they did not work. That is what the Reed amendment is lion people are proof of that because Republicans are unwilling to close even designed to change through bipartisan they have access to health care, most a single tax loophole—not a single tax negotiations. There is no reason to of whom did not have it before. loophole to reduce the deficit. Now we wait to negotiate a bipartisan budget. In the light of day, it has been shown face the prospect of arbitrary and un- It makes no sense to start spending that private insurance companies were reasonable cuts that were once as- extra money on defense or anything taking advantage of the American peo- sumed to be so stupid that Congress else until we agree on an overall plan. ple. They cannot do that now under the would not allow them to happen. But Put simply, we ought to budget first Affordable Care Act. Companies that something that everyone thought was and spend later. That is the only re- are proposing these huge rate increases stupid is now official Republican pol- sponsible way for a family or our Na- simply won’t get them. Understand icy. Unless we can reach a bipartisan tion to conduct its business. that 80 percent of every dollar that is agreement to fix sequestration, these That is why the Reed amendment charged by an insurance company in cuts will occur, not smoothly but as if makes so much sense. I urge my col- premiums—80 percent of it—has to go done by a meat cleaver. leagues to support the Reed amend- That threatens not only our military toward caring for people. If it doesn’t, ment. A plan that avoids unnecessary security but also the economic security there are rebates, and hundreds of cuts to priorities such as education, job of America’s middle class, which really thousands of Americans during the last creation, and research is what the Reed is our national security. The bill aims few years have gotten rebates as a re- amendment is all about. It is a plan to avoid sequestration for the Defense sult of insurance companies not spend- that funds all agencies that protect our Department with a widely ridiculed ing 80 percent of the money they are security, including the FBI, the De- budget loophole, which would put ac- getting in premiums for health care. partment of Homeland Security, and tual defense spending on the Nation’s The sad commentary is that insur- the Drug Enforcement Administra- credit card, increasing our deficit and ance companies took advantage—took tion—all of these vital programs. It is our debt. a plan that funds our troops, protects advantage by not insuring people who I am stunned by my friend, the senior had preexisting disabilities. One ‘‘dis- military families, and makes the long- Senator from Arizona. When I was an term investment needed to ensure a se- ability’’ that insurance companies said appropriator, I was on this Senate floor was preexisting was the fact that you cure, prosperous future for all Ameri- and I watched him, with his staff in the cans. are a woman. Some insurance compa- back of the room every time we did an nies charged more for the same care if Less than 2 years ago, Democrat appropriations bill. He pored through PATTY MURRAY and Republican PAUL you are a woman and not a man. We line by line with his staff of every ap- have wide-ranging evidence that was in RYAN proved it could be done. Let’s put propriations bill. If there was some- an end to the games and gimmicks and existence before and I guess my Repub- thing he thought was askew he would lican colleagues want back again where start putting together a responsible object to it. We got used to that be- budget. insurance companies determine how cause, frankly, it saved money over much—they could arbitrarily cut off time. f insurance to someone. They had these He referred to all the pork that was RESERVATION OF LEADER TIME arbitrary limits. They can’t do that in these bills, and he and I disagreed on The PRESIDING OFFICER. Under anymore. Senior citizens have received what was determined to be pork, but I the previous order, the leadership time millions of benefits from the Afford- understood where he was coming from. is reserved. able Care Act. They get a wellness I am just flabbergasted now that the check every year for no cost at all. senior Senator from Arizona, the chair- f They no longer have to worry about man of the Armed Services Committee, MORNING BUSINESS the hole in the doughnut, so to speak, is agreeing to a one-time gimmick. All as we call it, on coverage for their pre- the experts have said these gimmicks The PRESIDING OFFICER. Under scriptions. don’t work—especially this one. Now, the previous order, the Senate will be There are many things we can talk the committee, led by my friend the in a period of morning business for 1 about. The fact is that the Affordable senior Senator from Arizona, is agree- hour, with Senators permitted to speak Care Act is working, and we are going ing to this gimmick. Think of that. therein for up to 10 minutes each, with to continue to defend it as the Amer- The Republicans, led by the senior Sen- the time equally divided, with the ma- ican people want us to do. ator from Arizona, are advocating def- jority controlling the first half and the f icit spending big time—not a little bit, Democrats controlling the final half. big time—tens of billions of dollars. The Senator from South Dakota. AMENDMENT NO. 1521 Our troops deserve better than this. f Mr. REID. Mr. President, this after- Meanwhile, unless we deal with the im- noon the Senate will vote on an impor- pact of sequestration more broadly, NATIONAL DEFENSE tant amendment offered by a graduate middle-class America will suffer dras- AUTHORIZATION ACT of the United States Military Academy tic cuts in things that matter to them Mr. THUNE. Mr. President, last fall, at West Point, the Senator from Rhode the most—cuts in priorities such as Republicans promised that if we were Island, JACK REED, who is also the education, job creation, and lifesaving elected to the majority in the Senate, ranking member of the Armed Services research. Sequestration of nondefense we would get the Senate working Committee. programs is also an attack on our mili- again. A big part of that is getting the I commend Senator REED for the stel- tary families. For example, sequestra- appropriations process working again. lar job he has done in being a manager tion threatens to cut VA spending, When the Senate is functioning prop- of this bill. He is one of the most health care spending for the military, erly, 12 separate appropriations bills thoughtful and responsible Members of job training for returning veterans, are considered individually in the Ap- the Senate and always has been. He has schools that teach children of military propriations Committee and then great legislative experience, having families, and heating assistance for brought to the Senate floor for debate served in the House before he came veterans who are struggling. and amendment. here. If we are going to be fair to military This process is designed to allow Sen- Senator REED’s amendment addresses families, just as to millions of other ators to carefully examine programs a major threat to our national security working Americans, we need to fix se- and consider the best and most respon- and the middle class—sequestration. questration for more than just the Pen- sible way to distribute funding. But the

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3892 CONGRESSIONAL RECORD — SENATE June 9, 2015 appropriations process has not worked veterans of the wars in Iraq and Af- ing under ObamaCare, study finds.’’ that way for a while. Too often, over ghanistan. From the Associated Press again: ‘‘8 the past few years, the majority of the The National Defense Authorization Minnesota health plans propose big year’s appropriations bills have been Act replaces this system with a modern premium hikes for 2016.’’ From the thrown together in one catchall fund- retirement system that would extend Lexington Herald-Leader: ‘‘Most health ing bill, greatly reducing Senators’ retirement benefits to 75 percent of our insurance rates expected to rise next ability to take a hard look at spending servicemembers. The bill before us year in Kentucky.’’ and to ensure that funds are being allo- today is a strong bill. It is the product I could go on. The truth is that not cated responsibly. of bipartisan efforts. It authorizes only is ObamaCare not working, but it Republicans are determined to funding for our troops at the level re- is rapidly unraveling. A May 1 headline change that. We started the appropria- quested by the President and provides from the Washington Post reported: tions process by passing a balanced key reforms that will strengthen our ‘‘Almost half of Obamacare exchanges budget resolution for the first time in Nation’s defense and improve training face financial struggles in the future.’’ over 10 years. This week, we continue benefits and quality of life for our serv- Hawaii’s exchange has already failed. the process with the National Defense icemembers. California’s exchange is struggling to Authorization Act, which authorizes Supporting this legislation should be sign up consumers. One-third of the funding for our Nation’s defense and a no-brainer. Incredibly, however, the consumers who purchased insurance on our men and women in uniform. This President has threatened to veto this the California exchange in 2014 de- authorization bill is the first step in important legislation. His reason is clined to reenroll in 2015. The Massa- the appropriations process for defense that the President does not want our chusetts exchange is being investigated funding under what we call regular military to receive the increased levels by the Federal Government. order. of funding proscribed in this bill unless Colorado’s exchange is struggling fi- This legislation accomplishes a num- the President’s nondefense funding pri- nancially and has raised fees for con- ber of important things. It authorizes orities receive an increased level of sumer insurance plans. Rhode Island’s funding for our military at the Presi- funding. Governor is pushing for new fees on in- dent’s requested level of $612 billion. It That is right. Apparently, President surance plans to help fund the $30.9 also eliminates waste and inefficien- Obama is willing to hold up funding for million operating cost of the Rhode Is- cies. Specifically, the bill targets $10 our Nation’s military until Congress land exchange. Now, incidentally, that billion in wasteful and unnecessary provides more funding for agencies is $30.9 million to run an exchange that spending and redirects those funds to such as the IRS and the EPA. Well, the serves just 30,000 people. military priorities such as funding for President can certainly make his case The Minnesota exchange was sup- aircraft and weapons systems and mod- to Congress when it comes to funding posed to cover than more than 150,000 ernization of Navy vessels. government agencies. Holding troop individuals in its small business mar- The bill also focuses heavily on re- funding hostage for political purposes ketplace by 2016. So far, it is covering form. The military’s current process is reckless and irresponsible. If that 1,405 individuals, or approximately 1 for acquiring new equipment and tech- were not enough, the White House is percent of the number it is intended to nologies is inefficient and bureau- busy lobbying Senate Democrats to cover. The Minnesota exchange has cratic. It wastes our Nation’s resources abandon bipartisan efforts that went cost Federal taxpayers $189 million so and, even more importantly, it reduces into this bill and back up a Presi- far—$189 million for an exchange that our military readiness by delaying the dential veto. provides coverage for just 61,000 people. acquisition of essential weapons, equip- The National Defense Authorization A recent Forbes article notes that ment, and technology. The National Act plays a key role in keeping our Na- Vermont’s exchange ‘‘will need $51 mil- Defense Authorization Act introduces tion safe. The President’s attempt to lion a year to provide insurance to broad reforms to modernize and hijack this bill for his political pur- fewer than 32,000 enrollees—or $1,613 streamline the acquisitions process, poses is wrong. I very much hope that per enrollee in overhead. Before which will significantly improve the he will consider the implications of ObamaCare, $1,600 would have been military’s ability to access technology what he is doing and rethink that enough to pay for the entire annual and equipment when it needs it. threat. premium for some individual insurance The act also implements a number of f plans.’’ reforms to the Pentagon’s administra- While the ObamaCare exchanges un- tive functions. Over the past few years, OBAMACARE ravel, health insurance costs on the ex- Army Headquarters staff has increased Mr. THUNE. Mr. President, before I changes are soaring. Insurers have re- while combat personnel have been cut. close, I want to take just a few minutes quested double-digit premium in- Army Headquarters staff increased 60 and discuss the President’s health care creases on 676 individual and small percent over the past decade, yet the law. The President made some com- group plans for 2016. More than 6 mil- Army is currently cutting brigade comments yesterday on the upcoming Su- lion people are enrolled in plans facing bat teams. preme Court ObamaCare decision. Re- average rate increases of 10 percent or From 2001 to 2012, the Department of ferring to his health care law, the more. Around the country, rate in- Defense’s civilian workforce grew at President said: creases of 20, 30, 40, and even 50 percent five times the rate of Active-Duty mili- What’s more, the thing’s working. Part of are common. tary. Prioritizing bureaucracy at the what’s bizarre about this whole thing is we One health care plan in Arizona is expense of our preparedness and our haven’t had a lot of conversations about the seeking a rate increase of 78.9 percent— Active-Duty military is not an accept- horrors of ObamaCare because it hasn’t come so much for the President’s promise able use of resources. to pass. that his health care plan would ‘‘bring The Defense authorization bill that That was from the President yester- down the cost of health care for mil- we are considering changes the empha- day. Let me just repeat and put that lions’’. In my home State of South Da- sis at the Department of Defense from into context. The President of the kota, proposed rate increases range up administration to operations, which United States thinks that ObamaCare to 44.4 percent. That is not something will help ensure that our military per- is working and that negative pre- South Dakota families can afford. sonnel receive the training they need dictions about the law have not come The discussion about ObamaCare’s and that our military is ready to meet to pass. Well, to respond to that, let me success or failure is no longer theo- any threats that arise. Finally, this just read a few headlines from the past retical. The evidence is in, and it shows bill overhauls our military retirement couple of weeks. This from CNN: the President’s health care law is bro- system. The current military retire- ‘‘Obamacare sticker shock: Big rate ken. It is time to repeal ObamaCare ment system limits retirement benefits hikes proposed for 2016.’’ From the As- and to replace it with real health care to soldiers who served for 20 years or sociated Press: ‘‘Many health insurers reforms that will actually drive down more, which eliminates 83 percent of go big with initial 2016 rate requests.’’ costs. Five years under ObamaCare is those who have served, including many From The Hill: ‘‘Overhead costs explod- long enough for American families.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3893 EPA RULE AND BIG STONE PLANT prevent the serious economic burden it If President Obama is honest today, I Mr. THUNE. Mr. President, I wish to will impose on middle-income families would say he needs to explain to this speak about the President’s misguided in this country. Catholic health care group why his plan to reduce carbon emissions from I yield the floor. health care law has not lived up to ex- existing powerplants, specifically the The PRESIDING OFFICER. The Sen- pectations. Is he going to explain why impact it is going to have on my home ator from Wyoming. his law is hurting their ability to pro- State, South Dakota. f vide care? It is not only hospitals that Over the last year, EPA has claimed OBAMACARE are being hurt by ObamaCare, millions its rule will grant States flexibility to of people across the country are seeing meet burdensome emission reduction Mr. BARRASSO. Mr. President, this the news that their insurance pre- morning President Obama will be targets. However, there is really only miums might soar by 20 percent, 30 per- speaking at a meeting of the Catholic one way for South Dakota to meet its cent or even more next year. Health Association of the United staggering target of a 35-percent reduc- In North Carolina, Blue Cross Blue tion; that is, by effectively shutting States. Now, the White House says the Presi- Shield says it needs to raise premiums down Big Stone Plant, our only base- dent will talk about his health care by 26 percent. In Minnesota, Blue Cross load coal-fired plant, which will soon law. The President has already been wants to raise rates by 54 percent. be among the cleanest in the country. President Obama spent part of his The plant, which provides affordable spending a lot of time talking about the law. At the G7 summit in Germany childhood in Hawaii. One insurance power to thousands in South Dakota company there is planning to raise pre- and neighboring States, is nearing this past weekend, the President was asked about the law and what he said miums by 49 percent. completion of a $384 million environ- Will the President explain to this mental upgrade project to meet the is: ‘‘The thing is working.’’ He said: ‘‘We haven’t had a conversa- group today why premiums are sky- EPA’s regional haze and Utility MACT tion about the horrors of ObamaCare rocketing? regulations. So as you can see, high- because none of them have come to I will tell you why they are sky- lighted on this poster by a Watertown pass.’’ rocketing. It is because of the cost of public opinion op-ed headline, the The President must be kidding him- all the Washington-mandated services clean powerplant would threaten this self. that came from ObamaCare. Another significant investment. This morning, when he talks to this The EPA has required this nearly reason costs are going up is all the bu- Catholic health care group, President $400 million upgrade—which is more reaucracy that came with the health Obama should stop his denial and he than the original cost, the entire origi- care law. should confess the truth. If he gives an- nal cost of the plant itself—and is now There was an article in The Hill other rosy speech about the impact of turning around and saying: That is not newspaper May 27 with the headline: this terrible law, he will be, once again, enough. We want it shut down. ‘‘Overhead costs exploding under Let me repeat that. The EPA has re- intentionally and deliberately mis- ObamaCare, study finds.’’ quired a $384 million environmental up- leading the people in his audience. The article says: The President should not stand on grade to make the plant among the Five years after the passage of ObamaCare, the stage today and pretend his law is cleanest in the country and now wants there is one expense that’s still causing helping more people than it hurts. He to put all that to waste. This isn’t sticker shock across the health care indus- should not stand on that stage today right, and this will stick South Dako- try: overhead costs. and pretend he hasn’t heard that his tans with holding the bill. It continues: When the Obama EPA pushes new law is causing premiums to skyrocket. He should not stand on that stage The administrative costs for healthcare regulations to attack affordable and re- plans are expected to explode by more than liable coal generation, it is low-income today and pretend he has kept his a quarter trillion dollars over the next dec- families who take the biggest hit. promises about this law. He should not ade, according to a new study. stand on that stage today without ad- South Dakotans have already seen This is $270 billion ‘‘over and above mitting his law has cut into the take- their electricity rates increased to pay what would have been expected had the home pay of millions of hard-working for that $384 million add-on, but the health care law not been enacted.’’ Americans. Clean Power Plan will limit the ability That is what this study found. for this investment to be recouped, and What the President should do is talk about how his health care law has hurt Under the health care law, Wash- now they will be charged even more. ington has been spending billions of This is because the Clean Power Plan nonprofit hospitals like the Catholic hospitals across the country. That was taxpayer dollars on health care: $1 out would require Big Stone Plant to run of every $4 is going to overhead—not to less, even on a limited or seasonal the subject of a Wall Street Journal article just last Wednesday with the treat sick or injured people, not to help basis, not at the high capacity for or prevent disease, no, to overhead. It which it was designed and is most effi- headline: ‘‘Hospitals Expected More of is the President’s law. It is incredible. cient. At the same time, the Clean a Boost From Health Law.’’ This money isn’t being used to help one Power Plan would require the plan to Now, remember, President Obama sick child, to provide medicine for a run more efficiently to meet strict said his health care law was going to single individual, it is overhead. emission requirements. So, again, we help hospitals. He said it would help As one of the study’s authors put it, have had this nearly $400 million in- hospitals because uninsured people the money ‘‘is just going to bureauc- vestment to make the plant cleaner wouldn’t be coming into the emergency and more efficient in order to satisfy room needing free care anymore. racy.’’ According to this study, this the EPA, and now the Obama EPA Well, that hasn’t happened. Even works out to $1,375 per newly insured wants to shut it down. more people are going to the emer- person per year under Obama’s health The Obama EPA should not push reg- gency room today. According to the care law. Now, of course, people’s pre- ulations that result in higher utility Wall Street Journal, nonprofit hos- miums are going through the roof. The costs for consumers, less grid reli- pitals have seen a huge increase in health care law created or raised 20 dif- ability, and fewer jobs. Affordable and Medicaid patients—and Medicaid pays ferent taxes. reliable energy helps grow the economy only about half of the cost of caring for Maybe President Obama today should and helps low- and middle-income fam- patients. explain why $1 out of every $4 that ilies make ends meet. The article gives an example of a Washington spends on health care Unfortunately, the EPA’s rule will group of nonprofit hospitals near St. should go to bureaucracy instead of only increase electrical rates and hurt Louis. It has lost about $5 million as a caring for patients. The President’s those who can afford it the least by result of President Obama’s Medicaid health care law is hurting hard-work- forcing our most affordable energy expansion. That is a big hit for a non- ing American families who are going to sources offline. profit hospital to take. It directly af- have to pay premiums of 40 to 50 per- I urge my colleagues to join me in fects hospitals’ ability to continue pro- cent more next year. It is hurting the opposing this burdensome rule and to viding high-quality care. hospitals that are supposed to provide

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3894 CONGRESSIONAL RECORD — SENATE June 9, 2015 the actual health care to those pa- be up to the President and Democrats West Virginia’s electricity last year tients. It is wasting hundreds of bil- in Congress whether they want to join and West Virginia was among the low- lions of dollars on overhead and bu- us or if they want to continue with est electricity prices in the Nation. reaucracy instead of caring for sick their partisan fight and their delusions Last year, the average price was 27 per- people. that this law is popular and working. I cent below the national average, but ObamaCare is an expensive disaster. hope they will work with us on the re- these low prices are not likely to sur- Now, that is not just my opinion. A forms the American people need, want, vive this administration’s policies. new poll came out the other day from and deserve. Studies have projected that the Clean CNN. It found only 11 percent, only one I yield the floor. Power Plan will raise electricity prices in nine Americans say the law is a suc- The PRESIDING OFFICER. The Sen- in West Virginia between 12 and 16 per- cess. President Obama says the law is ator from West Virginia. cent. Just last month, 450,000 West Vir- working. Well, only one in nine agree f ginia families learned of a 16-percent with him. In another poll, just 39 per- increase in the cost of electricity. ARENA ACT cent of people support the law. That is While there were multiple factors that down 10 percentage points in 1 year. Mrs. CAPITO. Mr. President, I rise to contributed to this rate increase, com- You ask: Why is it? speak about our Nation’s energy econ- pliance with previous EPA regulations Well, because people look at it and omy. played a significant role. If we allow say it is a bad deal for them personally. ‘‘Alpha Natural to Lay Off 439 at EPA’s plan to move forward, last The President made promises, and he West Virginia Coal Mine’’; ‘‘Murray week’s rate increase will only be the has broken them. He said: If you like Energy expects more than 1,800 coal tip of the iceberg. your coverage, you can keep your cov- mine layoffs’’; ‘‘Job Cuts Are Dev- Affordable energy matters. Mr. Presi- erage. astating Blow for Ohio Valley Coal dent, 430,000 low- and middle-income Millions lost their coverage. He said the Miners’’; ‘‘Coal analyst says industry families in West Virginia, which is cost of insurance premiums would drop by facing toughest time’’; ‘‘Power Bills To nearly 60 percent of our State’s house- $2,500 per year. Get Higher’’—these are just some of holds, take home an average of less Costs have exploded, the cost of the the headlines that have been in the re- than $1,900 a month and spend 17 per- premiums, the cost of the copays, the cent news in my area. These headlines cent of their aftertax income on en- cost of the deductibles, and many peo- are a stark reminder of the impact mis- ergy. These families are especially vul- ple who have this expensive new insur- guided Federal policies will have on nerable to the price increases that will ance cannot get care. Coverage does the lives of real people. result from the Clean Power Plan. not equal care. That is why this health West Virginia and other energy-pro- Other West Virginia families will care law is more unpopular now than ducing States have suffered dev- bear the brunt of the EPA’s policy ever before. astating blows. Hard-working Ameri- more directly. In the past few weeks, Sometime this month the Supreme cans are losing their jobs as their en- 1,800 West Virginia coal miners re- Court could make an important deci- ergy bills keep climbing. I come to the ceived layoff notices. The notices came sion about the health care law. The floor to encourage my colleagues to at Alpha Natural Resources and Mur- Court is set to rule on whether some of stand up for our Nation’s energy fu- ray Energy—the two largest coal com- the billions of taxpayer dollars that ture. panies in our State. Patriot Coal also President Obama has been spending Last month, I introduced the Afford- filed for bankruptcy for a second time. were even supposed to be spent under able Reliable Energy Now Act—the Three coal-fired powerplants closed, the law. This decision could affect ARENA Act—with Leader MCCONNELL, also costing more jobs in the State of more than 6 million Americans. So you Chairman INHOFE, my fellow West Vir- West Virginia. would assume the White House is pre- ginian JOE MANCHIN, and nearly 30 of When mines and coal-fired power- pared for the decision. You would as- my colleagues. This bipartisan legisla- plants close, the ripple effect is felt sume the White House would have a tion would empower States to protect throughout our entire economy. The plan. families and businesses from elec- Wheeling Intelligencer reported that Well, does the White House have a tricity rate increases, reduced elec- the Murray Energy layoffs alone would plan for these 6 million Americans who trical reliability, and other harmful ef- mean almost $62 million in annual lost are worried about how they will pay for fects of the Clean Power Plan. wages for Ohio Valley residents. Other parts of our State have been their expensive, new ObamaCare plans The ARENA Act would require that hit just as hard. In Nicholas County, with all of its mandates? Not according any greenhouse gas standards set by the local government was forced to lay to the President. the EPA for new coal-fired powerplants In Germany yesterday, the President are achievable by commercial power- off employees, including a number of refused repeatedly—refused—to talk plants, including highly efficient sheriff’s deputies, because of a drop in about a plan B. The closest he came plants that utilize the most modern, the coal severance tax. Last month, the Energy Information was to say, ‘‘Congress could fix this state-of-the-art emissions control tech- Agency released its analysis of the pro- whole thing with a one-sentence provi- nologies. posed rule. The administration’s own sion.’’ That is not a real solution. Peo- Back in February, I asked EPA Act- energy statistician found that the ple see their premiums going up, and ing Assistant Administrator Janet Clean Power Plan would shut down they are very concerned. McCabe to explain why, despite mul- more than double the coal-fired power- President Obama owes America a se- tiple invitations from Federal and plant capacity we have by the end of rious answer. Republicans aren’t inter- State legislators, the EPA did not hold a public hearing on its proposed Clean this decade. ested in a one-sentence fix unless that The PRESIDING OFFICER. The Sen- Power Plan in West Virginia, given the sentence is: ObamaCare is repealed. ator’s time has expired. We want to protect the American large role coal plays in our economy Mrs. CAPITO. I thank the Chair. I people from this complicated, con- and our electricity generation. And do urge support for the ARENA Act, and I fusing, and costly health care law. you know what she said? She told me yield the floor. If the Court rules against the Presi- public hearings were held in places The PRESIDING OFFICER. The Sen- dent, then Republicans will be ready to where people were ‘‘comfortable.’’ ator from Florida. sit down with Democrats to get some Well, that response is unacceptable to Mr. NELSON. Mr. President, what is things right. That means stopping me and to the people of my State. That our parliamentary situation? ObamaCare’s broken promises and its response, which represents EPA’s dis- The PRESIDING OFFICER. The Sen- harmful mandates. regard for the real-world impacts of its ate is in morning business, with Sen- Republicans will offer a plan, and we policies, helped shaped this legislation. ators permitted to speak therein for up will work with the President to give The EPA’s proposed greenhouse gas to 10 minutes. people back the freedom, the freedom regulations will negatively impact Mr. NELSON. May I be recognized. to make health care choices that work both energy affordability and energy The PRESIDING OFFICER. The Sen- for them and for their families. It will reliability. Coal provided 96 percent of ator from Florida.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3895 NATIONAL DEFENSE and is putting our military strategy at ORDER OF PROCEDURE AUTHORIZATION ACT risk. Ms. HIRONO. Mr. President, I ask Mr. NELSON. Mr. President, I rise to Our strategy is not just dependent on unanimous consent that the following defense spending, but it is very depend- give my overall support for the content speakers in morning business be lim- ent upon nondefense spending, which in of the Defense authorization bill, but ited to speak for up to 5 minutes each: this bill is not even being addressed be- my considerable concern and, there- Myself, Senators GILLIBRAND, MANCHIN, cause that artificial ceiling—the se- fore, my ‘‘no’’ vote on final passage in and MARKEY. questration—is like a meat ax right the Committee on Armed Services was The PRESIDING OFFICER. Without across the Federal budget. That is af- because the bill, as crafted by the ma- objection, it is so ordered. jority in the committee, is a travesty, fecting—and every one of those mili- using an artificial budget to authorize tary leaders will tell you—that is af- f the necessary operations and troop fecting our military preparedness. AMENDMENT NO. 1521 readiness of our military establish- These arbitrary budget caps impact this nondefense spending. It keeps us Ms. HIRONO. Mr. President, I rise ment. today to support amendment No. 1521, Now, that is what the bill does. It is from providing funds for other agencies which would limit the use of overseas an artificial budget. That may not that are so essential to the national se- contingency operations, or OCO, funds. sound particularly offensive, particu- curity. The Coast Guard, they are out larly when as a policy bill there are there in the war zone. They are in an- I am proud to be a cosponsor of this many good things in this Defense bill; other war zone down in the Caribbean amendment, which was filed by the things such as providing for the in- as they are interdicting all kinds of ranking member of the Senate Armed crease of our military services; things drug smugglers. What about the FBI, Services Committee, Senator JACK such as certain weapons systems that the CIA, the DEA, Customs, Border Pa- REED. are authorized. trol, Air Traffic Control, TSA? All of I wish to start by thanking Senator Historically, this bill has been recog- those are affected and affect national MCCAIN and Senator REED for their nized as being bipartisan, and it ad- security. leadership in producing the underlining dresses the problems posed by an in- So if we are going to continue to bill. Drafting the National Defense Au- creasingly dangerous world. The De- budget like this, the result is going to thorization Act, NDAA, is no small fense authorization bill has histori- be more budget uncertainty for our task, and I support many important cally provided the military with the re- military, and it is going to end up provisions included in the bill. As sources our Nation needs. But the bleeding funds away from our military Ranking Member of the Seapower Sub- ranking Democrat, the Senator from readiness. committee, I worked with Chairman Rhode Island, and I are compelled to What we are doing is we are avoiding WICKER to include provisions that will oppose this bill because it addresses the obvious. The obvious is working strengthen and support our Navy and these problems with an artificial budg- around to bring those numbers down Marine Corps. et that treats an essential part of our under those artificial budget caps. So Every Defense bill presents chal- military, which is preparedness—the it is time for us to get rid of the se- lenges and tradeoffs. There are com- quester. We did it before, 2 years ago, necessary operations training and peting priorities and compromises. For with a bipartisan budget—the one maintenance, preparedness of our mili- 52 consecutive years, both Chambers known as Murray-Ryan. We need to do tary—in an unplanned way. They are have debated the details and come up it again. Otherwise, right now, we are treating it as an expense by sending it with a product that supports and en- wasting our time working on bills that over to an account that is not even on hances our national security. However, have no chance of becoming law. We the budget—an account called overseas this year’s bill presents more than just need to fix the budget caps for defense contingency operations or the funds for a difference over details. The overall and nondefense spending. You do not what used to be the Iraq war and is now framework of this bill is a problem. Be- use a bandaid when you have an artery the winding down of the Afghanistan fore us is a bill that presents a serious that is gushing blood. question about our national values—a war. This is an unbudgeted item—oper- Now, it is not just this. There are question that the Reed amendment ations readiness, training—necessary other examples. Take, for example, a would help to answer. for our military to be ready, and they program that I have some familiarity Earlier this year, the Republicans are taking it out of the Defense De- with—our Nation’s space program. We pushed through a budget resolution. partment budget and sticking it over have been trying since 2010, since Sen- That resolution clearly set forth the here. Now, that doesn’t make sense. ator Kay Bailey Hutchison, a Repub- framework that Chairman MCCAIN had Some might say: Well, why in the lican from Texas, and I passed a NASA to work within. That framework basi- world would they do that? Because authorization bill that put us on the cally said: We are not going to address folks around here are concerned about course that will ultimately, as the sequestration in a meaningful way. In- something called the sequester, which President has now announced, take us is supposedly an artificial limit on to Mars. But we can’t get the policy stead, we are only going to provide se- keeping expenditures of the Federal updated because we can’t pass another quester relief for the defense budget. I Government below a certain level. NASA authorization bill. So what hap- note that this budget resolution passed That may sound like a good thing, if it pens? It goes to the Committee on Ap- the Senate without a single Demo- is done with legitimate numbers, but propriations. Thank goodness we have cratic vote. I ask my colleagues to join me in objecting to an approach that bi- when in fact you are creating that arti- folks such as Senator SHELBY and Sen- ficial limit pressing down on Federal ator MIKULSKI who direct that. furcates sequester relief as though our spending, but you take a major part of But now what is happening to appro- country’s national security lies only that Federal spending out and put it priations bills? They are being put with the Department of Defense, be- over here in an unaccounted-for ac- under this sequester, and, because of cause that is what this NDAA bill does. count that doesn’t reach those budg- that, it is going to be hard in this How? The bill before us takes $38 bil- etary caps, that is nothing more than— Chamber to get 60 votes to pass appro- lion out of the base budget at the De- I will put it politely—budgetary sleight priations bills. As a result, we are partment of Defense and moves it into of hand. I will put it more directly: going to be in near cardiac arrest right the OCO budget. The OCO budget is not That is budgetary fakery. Therefore, at the end of the time, during a con- subject to Budget Control Act caps. this Senator is going to oppose the bill. tinuing resolution, which is no way to The reason for this is that OCO funds The Senate Committee on Armed run a railroad when you appropriate are intended to support the unknown Services has received testimony from money. We have to come to the altar unknowns that arise during our secu- military leader after military leader— and realize what we are facing, and rity operations abroad. Using the OCO chief master sergeants, generals, admi- that is this artificial budgetary cap. account to fund noncontingency items rals—who have said the policy of this I yield the floor. is irresponsible. It is a 1-year fix, and it arbitrary budget cap called sequestra- The PRESIDING OFFICER. The Sen- adds to our budget deficit. It is not fair tion is harming our national security ator from Hawaii. to our commanders on the ground, who

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3896 CONGRESSIONAL RECORD — SENATE June 9, 2015 have told us that we need to fix seques- contain restraint and super fiscal re- other government departments and ter permanently so they can prepare sponsibility. All of these are part of agencies. We are all in this together. for the long term. Using the OCO ac- being a superpower. We are all responsible to protect this count to shield the DOD from sequester Admiral Mullen, the former chair- country. But we are all responsible to has been called a gimmick by many. man of the Joint Chiefs of Staff, once make sure that we can properly ensure I am for a strong national defense. said that the greatest threat to our na- that people have the opportunity to However, the foundation of our mili- tional security is our debt—not an- take care of themselves also. tary strength is the strength of our other nation, not another army, not Retired Marine Corps General Mattis economy. It is the strength of our com- the fear of terrorism, but basically our said: ‘‘If you don’t fund the State De- munities. It is the strength of our fu- debt. partment fully, then I need to buy ture. Failing to fix sequestration for The United States has and will con- more ammunition.’’ He might have both defense and nondefense will un- tinue to have the greatest military in said that in jest, but I think under- dermine the strength of our national the world. But in order to remain the lying it he really meant it. And last defense. Again, our national security is most powerful, we have to get our fi- week showed how vulnerable our net- not just tied to our military strength. nancial house in order. I think we all works are to cyber attacks from for- There are other national security ini- agree to that, but we don’t seem to be eign nations and those who wish us tiatives that are not funded by the De- practicing it very much. harm. partment of Defense. For example, we I fully support Senator REED’s have the State Department, the FBI, amendment to basically fence the OCO We have had a cyber bill before us for Homeland Security, the Coast Guard, funding. many years now. We have been told on and other law enforcement agencies If we look to see how we have gotten an almost weekly or monthly basis of and programs that are all important ourselves into the situation we have the threat we face from all different components of our national security. now, it is not Democrat or Republican. countries trying to hack in to do us None of these programs is funded by It is our fault, and it is our responsi- harm. Yet we haven’t been able to the Department of Defense. bility to fix it. Basically, we have had move because of the toxic political at- In addition, the Department of De- two wars in Afghanistan and Iraq that mosphere we have here. fense has said that fewer than one in we didn’t fund. We did it through ac- Our national security is also inher- four Americans in the eligible age counting procedures, emergency proce- ently tied to our economic security. range are qualified to enlist in the dures, and contingency funds. Now we Failures to invest in programs such as Armed Services. This is due to a vari- continue to expand upon that, if we go STEM education and infrastructure ety of reasons, including health, obe- down this route without fixing it with projects are short sighted. Failing to sity, fitness, mental aptitude, et Senator REED’s amendment. provide BCA cap relief to non-DOD de- cetera. Cutting funding to nutrition Ensuring the safety of the American partments and agencies would also programs, education initiatives, pre- people does not mean increasing de- shortchange our veterans who receive ventative health measures, and fitness fense spending to fund never-ending employment services, transition assist- programs will result in even fewer indi- wars in the Middle East while ignoring ance, and housing/homeless support viduals qualifying for our Armed Serv- nondefense programs that are also cru- through other agencies such as the De- ices. By not fixing both the military cial to our national security. I have partment of Labor. The bottom line is and domestic sides of the budget, we said this over and over. If we thought that we need to get our long-term are undermining the foundation of our money and military might could fix budget that reduces the deficit in line. security and our future. that part of the world, the United Increasing the OCO money, as the bill America is one country, and the deci- States of America would have done it does right now, only hurts that goal sions we make in Congress should re- by now. and makes it much more difficult and flect that reality. We need to eliminate For years, critical nondefense pro- elusive. the sequester because these across-the- grams, such as the Department of Defense budgeting needs to be based board cuts hurt our middle-class fami- Homeland Security and the State De- on our long-term military strategy, lies, our small businesses, our military, partment, have been forced to absorb which requires the Department of De- and our national security. We need to damaging across-the-board cuts. They fense to focus at least 5 years into the eliminate the sequester—period. To are also extremely important in safe- future. This is only a 1-year plan. Do continue to be bound by mindless, guarding the homeland. we think it is not going to be extended across-the-board cuts to both our de- While we continue to keep in place and extended and extended? Do we fense and domestic budgets—cuts that the budget cuts for these agencies, we think we are going to start it and stop were never supposed to become re- have underhandedly gone around it in 1 year? I don’t think so. spending limits and improperly in- ality—is pure folly. Congress should The fiscally responsible approach we come together in a spirit of bipartisan creased war funding. The most recent gimmick we are talking about, which need to take is to fix the BCA caps. We cooperation to fix sequester. are hearing about the whole issue of se- This proposal by Senator REED just has been explained, is an attempt to questration and how horrible it is. fences the $38 billion in OCO funds transfer roughly $39 billion from the Well, let me tell you how you can fix until Congress comes together to do base budget to the OCO budget to in- it: Sit down and put together a budget just that. It doesn’t take the funding crease funding for overseas conflict. I that is realistic and makes our long- out of the budget. But it does prevent have said time and again that after a term financial plans solid. That is all it spending it before relief from Budget decade of war in the Middle East, cost- takes. Yet we are unwilling to do it. Control Act cuts are achieved on both ing more than $1.6 trillion, does anyone We are just condemning it. We are con- the defense and domestic sides. believe we haven’t done our part and demning it because it constrains how I urge my colleagues to support the tried? If money and might could have we want to do business, which means Reed amendment to provide for a re- changed it, we would have done it by not being held accountable or respon- sponsible defense budget. now. I yield the floor. What is more important is that we sible. That is all. The PRESIDING OFFICER (Mr. are denying the funding from other im- Every meeting I go to, whether it is FLAKE). The Senator from West Vir- portant programs that desperately nondiscretion or military spending—we ginia. need these funds to keep our country all need more to expand programs. Yet Mr. MANCHIN. Mr. President, are we stable, safe, and secure. In order to be we never take the GAO’s report. The in morning business? truly secure, we need our non-Depart- General Accountability Office says we The PRESIDING OFFICER. We are. ment of Defense departments and agen- could save $300 billion to $400 billion a Mr. MANCHIN. Mr. President, I have cies to be able to function at full ca- year if we could just get rid of the always said that being a superpower pacity also. The Pentagon simply can- waste and the redundancies that go on, means more than super military might. not meet the complex set of national and we are not doing anything about It means super diplomacy. It would security challenges without the help of that.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3897 I say again that our national debt is ment to the defense budget that would such as education, health care, and not a Democratic problem or a Repub- block any additional unnecessary, medical research. lican problem. It is our problem. We all unaudited spending for a continual war This legislation transfers nearly $40 own this one. effort where we have no oversight. We billion in defense spending to a glori- In 2008, our country faced one of the were elected to basically look at the fied slush fund called the overseas con- worst financial crises in our Nation’s process we have. tingency operations account, OCO ac- history. We added $1 trillion to our I ask unanimous consent for an extra count, as a way to avoid triggering se- debt—on top of the trillions of dollars 2 minutes, if I could, to finish. questration cuts. Let’s be clear. OCO already spent on two costly wars and The PRESIDING OFFICER. Is there really stands for ‘‘open checkbook op- the Bush tax cuts, which President objection? eration’’ for our budget, and it stands Obama basically extended twice. Without objection, it is so ordered. for ‘‘outrageous copout’’ by the GOP. Between the wars, the tax cuts, the Mr. MANCHIN. With that being said, Instead of cutting funding for de- recession, and our out-of-control spend- Mr. President, all I am saying is that fense, Republicans choose instead to ing, our Nation’s debt has exploded we should be smart and learn from our cut programs for the defenseless. This from $5 trillion to $18 trillion. Cur- past and the experiences we have had. is not responsible budgeting; it is a rently, our deficits are decreasing, It has not worked well for us right now, cynical game. The majority is attempt- from $1.4 trillion in 2009 down to a lit- and we can change it. We are the only ing to avoid its responsibilities under tle under one-half billion dollars, ac- ones who can change it. sequestration that they themselves de- cording to the CBO, and it is expected This country has a strong economy. manded be enacted into law just a few to remain stable for the next couple of It could be even stronger if we work to- years ago. Instead, we get $40 billion in years. gether. The bottom line is we want to additional spending for the Pentagon The bad news is that after 2017, if we be smart. We want to be smart about and $36 billion in cuts to food stamps, don’t change our ways, the deficits are where we invest our money and where Head Start, preventive health care, and projected to increase over $1 trillion a we send our troops and put Americans critical social programs. This is what the game is all about. year through 2025. Unless Congress can in harm’s way. We want to be smart in Sequestration is now being dishonored. put aside partisan politics and put the the domestic investments we make They believe they have found an exit country on a fiscally sustainable path, here in this country. We want to make ramp for the Defense Department for we will add over $7.5 trillion to our sure they are working. If they are not the cuts that they had accepted as a debt in the next 10 years. That is add- working, then, you know what, do not party—the Republicans—would be im- ing $7.5 trillion to $18 trillion of debt be afraid to say: I tried and it did not posed if the Democrats would accept in we have right now. There is no way the work. I am going to try something dif- equal measure cuts in social programs. next generation and the generation ferent. That is the deal, a sword of Damocles after will ever be able to dig out of this Basically, if you have two programs hanging over both programs, defense doing the same thing, consolidate. hole if we don’t fix it now. But we have and nondefense—that is civilian and Let’s start looking for ways that we to be smart about how we reduce domestic programs—to force us as an can run this country the way each spending. institution to work together in a re- As we saw in the 2013 sequestration, American is expected to run their life. sponsible fashion. That was the deal indiscriminate, across-the-board cuts Every small business or large business with sequestration. That was the point is expected to make prudent invest- harmed bad and good programs alike, of it. It was to force us to work to- ments and work efficiently. That is all did nothing to reduce waste and abuse, gether. Instead, the Republicans want we have asked for. This type of spend- and caused individuals to be furloughed an exit ramp for the Defense Depart- ing, basically unaccountable, will lead and lose their jobs. ment out of the sequestration program I have always said this: When you us down the path to increase the debt while allowing the social programs for start cutting, you don’t cut, basically, and does not make us any more secure the poor, for the sick, and for the elder- the items that continue to make and gets us involved in places where we ly to stay inside of these cuts that progress for you. When the IRS doesn’t do not have any oversight or any input. occur under a sword of Damocles on an do its job and it is incapable of doing I do not—I do not—as a U.S. Senator automatic basis. it—the revenues owed to this country wish to walk away from my respon- We are endangering our ability to and the taxes that people should be sibilities to make recommendations for teach our kids the skills they will need paying—we can’t cut back on that and what I think would be best for not only for the jobs of the future. We are mak- expect it to be solid. the West Virginia people, whom I rep- ing it harder for poor families in Mas- I have pushed hard for a bipartisan resent, but for this entire country, sachusetts and across the country to compromise that would reduce spend- which I love. put food on the table. We are jeopard- ing, fix our broken tax system, and re- I yield the floor. izing the health of grandma and form entitlement programs in order to The PRESIDING OFFICER. The Sen- grandpa. reduce our debt and provide the econ- ator from Massachusetts. And what are we really protecting omy with certainty and stability. Mr. MARKEY. Mr. President, I voted when we mandate these cuts for crit- For instance, we could enact $2.5 tril- against the Budget Control Act as a ical social programs but not for our de- lion in deficit reduction over the next Member of the House of Representa- fense spending? We are protecting 10 years if we just follow the Simpson- tives because I did not think it was a America’s nuclear arsenal budget of $50 Bowles recommendations. It is an all- responsible course for our country. To billion a year that is filled with waste encompassing approach that raises rev- me, ‘‘sequestration’’ is just a fancy and can be cut significantly without enue and promotes growth through term for mindless budget cuts. Unfor- harming our national security. We comprehensive tax reform that brings tunately, sequestration became law spend more money on nuclear weapons our Tax Code into the modern age—in- and the mandated across-the-board than all other countries combined. creasing efficiency and simplifying the spending cuts went into effect in March This is the epitome of overkill. Can we process for both individuals and busi- of 2013. find anything in the nuclear weapons nesses. I have been fighting to completely budget that could be cut? Absolutely Additionally, the plan enacts serious eliminate sequestration through a bal- not, say the Republicans. We have to entitlement reform and makes addi- anced approach to Federal spending increase that budget. How are we going tional targeted spending cuts aimed at and changes to our Tax Code to reduce to pay for it? We are going to pay for long-term deficit reduction so that we our budget deficit. That is why I am it from poor children, from the elderly can encourage economic growth. It is very disappointed that the Defense au- in our country. crucial that we make the necessary re- thorization bill we are considering We spend more money on nuclear forms that will make this Nation a bet- today uses a budget gimmick to end se- weapons just because the Defense De- ter place for future generations. questration cuts for defense spending partment and the military contractors With that being said, I again express but continues to impose mandatory want them. That is why I have intro- my support for Senator REED’s amend- cuts for critical domestic priorities, duced legislation with JEFF MERKLEY,

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3898 CONGRESSIONAL RECORD — SENATE June 9, 2015 BERNIE SANDERS, and AL FRANKEN Cornyn amendment No. 1486 (to amend- western Iraq on Tuesday, in an attack called the SANE Act, the Smarter Ap- ment No. 1463), to require reporting on en- claimed by Islamic State. proach to Nuclear Expenditures Act. It ergy security issues involving Europe and ‘‘The U.S. Army’s main Web site is down— and the Syrian Electronic Army is claiming would cut $100 billion over the next 10 the Russian Federation, and to express the sense of Congress regarding ways the United credit.’’ years from our bloated nuclear weap- States could help vulnerable allies and part- The Syrian Electronic Army hacked the of- ons budget. ners with energy security. ficial Web site for the U.S. Army, a Twitter It is time to stop funding a nuclear Vitter amendment No. 1473 (to amendment account apparently associated with the weapons budget that threatens to un- No. 1463), to limit the retirement of Army hacktivist group claimed Monday. The site dermine our long-term economic secu- combat units. was down in the afternoon, while screenshots rity. We should be funding education, Markey amendment No. 1645 (to amend- posted on the social network by the group ment No. 1463), to express the sense of Con- purported to show messages of support for not annihilation. We should be helping beleaguered Syrian President Bashar al- people find jobs, not helping to build gress that exports of crude oil to United States allies and partners should not be de- Assad on the site earlier in the day. new nuclear weapons. We should be termined to be consistent with the national That was from the Washington Post, curing diseases, not creating new in- interest if those exports would increase en- June 8 at 4:53 p.m. struments of death. ergy prices in the United States for Amer- The World: ‘‘Islamic State seizes Even within our own budget, the De- ican consumers or businesses or increase the power plant near Libyan city of Sirte.’’ reliance of the United States on imported partment of Defense should be Islamic State militants have seized a oil. prioritizing higher pay for marines, not power plant west of the Libyan city of Sirte Reed (for Blumenthal) amendment No. 1564 more Minutemen missiles. Somewhere, which supplies central and western parts of (to amendment No. 1463), to increase civil Dr. Strangelove is smiling from the the country with electricity, the group and a penalties for violations of the Servicemem- grave while millions of American fami- military source said on Tuesday. bers Civil Relief Act. ‘‘The plant . . . was taken,’’ Islamic State lies struggle to meet the daily budget McCain (for Paul) Modified amendment No. said in a message on social media, adding they have to balance. 1543 (to amendment No. 1463), to strengthen that the capture of the plant meant that the employee cost savings suggestions programs I am a cosponsor of the Reed amend- militants had driven their enemies out of the within the Federal Government. ment to stop any increase in this so- entire city. Reed (for Durbin) modified amendment No. called OCO account until the Budget Libya descending into chaos and ISIS Control Act caps for both defense and 1559 (to amendment No. 1463), to prohibit the award of Department of Defense contracts to extending its influence. nondefense spending are lifted equally. inverted domestic corporations. The Washington Post, June 6: ‘‘Liby- For those who say the cuts to defense McCain (for Burr) amendment No. 1569 (to an gains may offer ISIS a base for new spending endanger our security, I say amendment No. 1463), to ensure criminal attacks.’’ we face a very real type of economic background checks of employees of the mili- Misurata, Libya—As the Islamic State security threat here at home. Millions tary child care system and providers of child scores new victories in Syria and Iraq, its af- of seniors worry about an end to Medi- care services and youth program services for filiate in Libya is also on the offensive, con- care and Medicaid. Millions of students military dependents. solidating control of Moammar Gaddafi’s need help to pay for college. Millions of The PRESIDING OFFICER. Under former home town and staging a bomb at- American workers cannot make ends the previous order, the time until 3 tack on a major city, Misurata. meet on the minimum wage. p.m. will be equally divided between The Islamic State’s growth could further the managers and their designees. destabilize a country already suffering from I support the Reed amendment. That a devastating civil war. And Libya could will keep America truly safe, healthy, The Senator from Arizona. offer the extremists a new base from which and secure. AMENDMENT NO. 1521 to launch attacks elsewhere in North Amer- The PRESIDING OFFICER. The Sen- Mr. MCCAIN. Mr. President, as we ica. ator’s time has expired. consider the amendment by the Sen- That was from the Washington Post. Mr. MARKEY. I yield the floor. ator from Rhode Island, I would like to FOX News, June 9: ‘‘ISIS captures 88 f again remind my colleagues that the Eritrean Christians in Libya, US offi- world is in turmoil. The world has cial confirms.’’ CONCLUSION OF MORNING never seen greater crises since the end The ISIS terror group kidnapped 88 Eri- BUSINESS of World War II, according to people as trean Christians from a people-smugglers’ The PRESIDING OFFICER. Morning well respected as Dr. Kissinger. caravan in Libya last week, a U.S. defense business is closed. I repeat my assertion that OCO was official confirmed Monday. f not the right or best way to do busi- The Washington Post: ‘‘What is at ness. The worst way to do business is stake in Ukraine if Russia continues NATIONAL DEFENSE AUTHORIZA- to have an authorization that will its onslaught.’’ TION ACT FOR FISCAL YEAR 2016 eliminate our ability to defend this Na- Ukraine is fighting a war on two fronts. The PRESIDING OFFICER. Under tion and the men and women who serve The one you see on television is taking place the previous order, the Senate will re- it. in the east of our country, where thousands sume consideration of H.R. 1735, which of Russian troops are engaged in an armed I urge my colleagues to read in this aggression against Ukraine’s territorial in- the clerk will report. weekend’s New York Times ‘‘The Glob- tegrity, including the illegal annexation of The senior assistant legislative clerk al Struggle to Respond to the Worst Crimea. read as follows: Refugee Crisis in Generations.’’ This is a piece that is important, by A bill (H.R. 1735) to authorize appropria- Eleven million people were uprooted by vi- the Prime Minister of Ukraine, Arseniy tions for fiscal year 2016 for military activi- olence last year, most propelled by conflict Yatsenyuk. ties of the Department of Defense, for mili- in Syria, Iraq, Ukraine and Afghanistan. The Wall Street Journal: ‘‘President tary construction, and for defense activities Conflict and extreme poverty have also Obama admits his anti-ISIS strategy of the Department of Energy, to prescribe pushed tens of thousands out of parts of sub- military personnel strengths for such fiscal Saharan Africa and Southeast Asia. . . . the isn’t ‘complete.’ ’’ year, and for other purposes. worst migration crisis since World War II, President Obama doesn’t give many press Pending: according to the United Nations. conferences at home, so sometimes his most revealing media moments come when he’s McCain amendment No. 1463, in the nature That is what is going on in the world, button-holed abroad. Witness his answer of a substitute. and we are worried about how we are Monday in Austria to a question about Iraq. McCain amendment No. 1456 (to amend- going to defend the Nation with prior- Mr. Obama offered a startling explanation ment No. 1463), to require additional infor- ities that are dramatically strewed and for why the war against Islamic State isn’t mation supporting long-range plans for con- unfair. going so well: His strategy still isn’t up and struction of naval vessels. ‘‘Islamic State attacks government running. Reed amendment No. 1521 (to amendment ‘‘We don’t yet have a complete strat- No. 1463), to limit the availability of office on western fringe of Baghdad.’’ amounts authorized to be appropriated for That was yesterday. egy because it requires commitments overseas contingency operations pending re- Three militants disguised in military union the part of the Iraqis, as well, about lief from the spending limits under the Budg- form killed at least eight people in a local how recruitment takes place, how that et Control Act of 2011. government office in Amiriyat al-Falluja in training takes place. And so

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3899 the details of that are not yet worked defence secretary, who pledged US patrol vote in favor of the war. In fact, I out,’’ Mr. Obama said. craft to the Vietnamese navy. spoke against it. I think the outcome We still do not have a strategy to try But there is a limit to how far countries in could have been very different back the region are willing to present a united then if we had more of a debate about to counter the Islamic State or ISIS. front to China, which has reclaimed 2,000 The quote continues: acres of land in the past 18 months, far out- the true costs and the long-term costs, Wow. Islamic State, or ISIS, took control stripping all other claimants combined, ac- the thousands of lives lost, and the of Mosul a year ago, and it beheaded two cording to Mr. Carter. The Obama adminis- countless wounded—some with invis- Americans for all the world to see last sum- tration is also unsure about how strongly it ible scars—if we had thought the mer. Mr. Obama announced his anti-ISIS should push back against what US officials United States would be on a war foot- strategy in a September speech, promising to see as a long-term Chinese plan to control ing for over a decade and American ‘‘degrade’’ and ‘‘destroy’’ the self-styled ca- the region’s waters. taxpayers would be on the hook for liphate. Finally, this is an article that is in Nine months later here we are: ISIS has trillions of dollars and that we would overrun Ramadi, a gateway to Baghdad, the Politico today: perhaps even contribute by our actions grand alliance that Mr. Obama promised Actually, the United States does have a to new threats we are facing today. barely exists, the Kurds in the north are fret- strategy to fight the Islamic State, a State Back then it was implied and some- ting publicly about the lack of weapons to Department spokesman says. times stated that opposing the Iraq forestall a major ISIS assault, the U.S. ‘‘The president was referring yesterday to war meant you didn’t support the bombing campaign is hesitant, and now Mr. a specific plan to improve the training and troops or were weak on national secu- equipping of Iraqi security forces, and the Obama tells us the training of Iraqis is bare- rity. I think the intervening years have ly under way. Pentagon is working on that plan right now. But absolutely, we have a strategy,’’ Kirby shown that to be inaccurate. I will skip through some of these be- said Tuesday on MSNBC’s ‘‘Morning Joe.’’ We are hearing echoes of that rhet- cause I know my colleagues are wait- I would be overjoyed to have a com- oric again: If you don’t support this ing to speak. plete strategy and that plan presented version of the NDAA, then you don’t The Associated Press: ‘‘Activists: support the troops or terms like ‘‘tak- to Congress and the American people. Syrian air raids kill 49 in northwestern ing this bill hostage.’’ That is just not It would be a wonderful event. The fact village.’’ the case. is they have no strategy or policy and Since 2005, Senate Republicans voted Government airstrikes on a northwestern the world is on fire, and here we are Syrian village Monday killed at least 49 peo- against cloture on the NDAA, the Na- trying to pass an amendment which ple and left survivors screaming in anguish tional Defense Authorization Act, 10 as they pulled bodies from the rubble, ac- would deprive the men and women who times, and over that same period, they cording to activists and videos of the chaotic are serving the means and wherewithal cast votes against final passage of the aftermath. to defend this Nation. NDAA on the Senate floor 8 times. The Local Coordination Committees said I hope my colleagues will strongly re- Sometimes it was because of policy dif- two air raids on the village of Janoudiyeh in ject the amendment that will be pend- Idlib province killed 60 people and wounded ferences, such as ending ‘‘don’t ask, ing before this body. don’t tell.’’ Other times it was over others. The Britain-based Syrian Observ- I yield the floor. something like gas prices at the pump atory for Human Rights said the air raid The PRESIDING OFFICER. The Sen- or other issues. But I don’t think any- killed 49 people, including six children. It ator from Rhode Island. said the death toll could rise as some people one has ever done it to be unpatriotic. Mr. REED. Mr. President, I ask unan- are still missing. We can’t change history, but we can imous consent to add Senator MIKUL- The Associated Press June 6 head- certainly learn from it. We can’t see SKI, Senator MERKLEY, Senator UDALL, line: ‘‘Houthi rebels fire Scud missile into the future, but we know we must Senator LEAHY, Senator DONNELLY, from Yemen into Saudi Arabia.’’ plan for it, and we must pay for it by Senator BOXER, Senator MENENDEZ, BloombergView, by Eli Lake: ‘‘Iran making strategic investments today. Senator BOOKER, Senator FEINSTEIN, Spends Billions to Prop Up Assad.’’ This debate really boils down to this: Senator CARDIN, Senator KLOBUCHAR, Iran is spending billions of dollars a year What is the most effective way to pro- and Senator PETERS as cosponsors of vide for our national defense? I don’t to prop up the Syrian dictator Bashar al- the Reed amendment No. 1521 to H.R. Assad, according to the U.N.’s envoy to Syria think inflating the overseas contin- and other outside experts. These estimates 1735. gency operations, OCO, is the way to are far higher than what the Barack Obama The PRESIDING OFFICER. Without go because it complicates rather than administration, busy negotiating a nuclear objection, it is so ordered. helps the Pentagon’s budgetary prob- deal with the Tehran government, has im- Mr. REED. Mr. President, I rise to lems. It doesn’t allow the military to plied Iran spends on its policy to destabilize discuss my amendment No. 1521 to effectively plan for the future. the Middle East. fence all funding above $50.9 billion in We need to replace the senseless se- By the way, I will add to that, Ira- the account for overseas contingency quester with a balanced approach that nians are basically even taking over operations until budget caps on both keeps America safe and strong at home Cabinet positions in the Bashar al- defense and nondefense have been and abroad. When it comes to the de- Assad government. raised. My amendment specifically rec- fense budget, Congress should adhere This is a report dated June 5: ‘‘Re- ognizes the need for these resources, to the same standards of honesty, port: China Dispatching Surveillance but it objects to the way this OCO fund transparency, and discipline that we Vessels Off Hawaii.’’ is being used as a way to circumvent demand for our troops. But right now China has begun dispatching surveillance the Budget Control Act. It does so, I there is a serious disconnect in the vessels off the coast of Hawaii in response to think, on a very sound ground that OCO mechanism of this bill, and Con- the Navy’s monitoring activities of disputed over the long run will be beneficial to gress needs to step up and fix it. islands in the South China Sea. . . . The pur- the Department of Defense and to ev- The President’s fiscal year 2016 budg- ported surveillance comes on the heels of eryone who is engaged in the defense of et request for defense was $38 billion raised tensions between China and the the United States. United States late last month. . . . above the 2011 Budget Control Act, the We debate and vote on many issues in BCA—their spending caps. The Presi- This from the June 7 edition of the the Senate. While all of the issues are dent requested this $38 billion be au- Financial Times: ‘‘US struggles for important, occasionally we must face thorized and appropriated as part of strategy to contain China’s island- an issue that could truly change the the annual base budget so they could building.’’ course of our Nation because the con- be part of the Defense Department’s China’s efforts to dredge new land on re- sequences of our actions are often not funding, not just for 1 year, as OCO is, mote coral atolls in the South China Sea known for years. The votes may be but in the budget for an indefinite pe- have left the US struggling to come up with very difficult when they are taken, but riod of time. a response. For Washington, Chinese land-creation has they are very important. The request also contained $50.9 bil- helped make allies of former adversaries now One example of such an issue is Iraq. lion for the OCO account, meaning fearful of military domination by an asser- Thirteen years ago, the majority of the funding for truly war-related expenses tive China. The latest example was the trip body—79 Senators from both parties— and not enduring base budget require- to Vietnam last week by Ashton Carter, US voted to go to war in Iraq. I did not ments. However, this bill, following the

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3900 CONGRESSIONAL RECORD — SENATE June 9, 2015 lead of the majority’s budget resolu- mestic agencies. He asks for $37 billion gest that is going to repeat itself over tion, does not address the BCA’s dam- for all of the other domestic agencies and over if we start on this path. aging impacts on defense and non- above the BCA cap. Without that That is why we can look today and defense. Instead, it turns to a gimmick. money they are going to have a very say we have these pressing crises all This bill initially transferred $39 bil- difficult—indeed, perhaps impossible— across the globe, and it is true. But if lion from the base budget request by challenge of meeting the basic needs of we go down this path, we will see these the President to the OCO budget, leav- the American public—needs that every types of developments. Again, I am a ing a base budget conveniently below colleague in this Chamber recognizes. strong supporter of medical research. the BCA levels in order to avoid trig- Some might disagree with them, but These programs have saved countless gering automatic reductions for se- they recognize that we need to support lives. I will support the funding in this questration. The funding shifted to education, as we have done for decades bill. I think it is a way that we have es- OCO is for enduring requirements of through the Title I Program. We need tablished to deal with these programs. military services, not direct war-re- to support people—our seniors, particu- But we should recognize that it came lated costs and not those costs gen- larly—through senior housing pro- about not because it was the most log- erated in Iraq, Afghanistan, and else- grams. In every State, in every com- ical place to put medical research fund- where. It includes flying hours for air- munity, that has to be done. But if we ing, but it was a budgetary precedent, craft, steaming days for ships and sub- follow this path, it will be harder and just like this approach today, and it marines, and all training that supports harder for nondefense agencies to do will be replicated. the ‘‘National Military Strategy.’’ this. Looking forward 10 years, I would These are not appropriate OCO ex- What we have created is a huge loop- suggest that you will see lots of meri- penses. These are the expenses of the hole through the BCA for defense. torious programs that bear less and Department of Defense facing the long- Again, let me remind you, the Presi- less connectivity to our overseas oper- term challenges and maintaining the dent and my colleagues on the other ations included in OCO, if that is the long-term capabilities of the U.S. de- side are not arguing about the re- way we choose to get around the BCA. fense forces. sources necessary for defense. They And that is what this bill is doing. Some have said we should avoid sub- have picked the same number. But There is another point I would like to jecting defense spending to the budget what they have done on the other side add. Moving this funding from the base budget to OCO has no impact on reduc- control caps through this OCO ap- is funded that—not straightforwardly, ing the deficit. OCO and emergency proach for a year while a deal to revise not recognizing that we have to deal funding are outside budget caps for a or eliminate the BCA caps is nego- with this—instead by using this gim- reason. They are for the costs of ongo- tiated. I couldn’t disagree more, be- mick. cause if we used this approach—this If it remains in the bill, I believe this ing military operations or responding gimmick—for 1 year, it would be easier approach will be a magnet for non- to other unforeseen events such as nat- to do it next year and the year after defense spending in future years. Not ural disasters. To suddenly ignore the and the year after that, ensuring an en- only will we become addicted to OCO true purpose of OCO and to treat it as a budgetary gimmick or slush fund to during imbalance between security and spending, many interesting things will skirt the BCA is an unacceptable use domestic spending. Using OCO in this find their way into the OCO account. for this important tool for our way is completely counter to the in- For example, in fiscal year 1992 Con- gress added funds to the Defense bill warfighters. tent of the BCA, the Budget Control Just to highlight how this OCO ap- for breast cancer research. At the time, Act. proach skews defense spending, con- The BCA imposed steep cuts to de- spending was subject to statutory caps sider the amount of OCO in relation to fense and nondefense spending to force under the Budget Enforcement Act of the number of deployed troops. You a bipartisan compromise. This ap- 1990. This is the follow-on to the Gra- can ask someone on the street: Are proach unilaterally reneges on that bi- ham-Rudman-Hollings act of 1985. these overseas funds used to support partisan approach. Rather than gener- What we had done was to establish caps our forces overseas? There has to be ating momentum for a permanent solu- on discretionary domestic spending, some relationship between the number tion to sequestration, this approach es- but there were no similar caps on the of our forces overseas and our OCO sentially exempts defense spending other side. That is precisely what the spending. Well, let’s see. In 2008, at the from the BCA caps and releases all effect of this proposal is today. height of our Nation’s troop commit- The initial funding led to the estab- pressure to find a solution that pro- ments in Iraq and Afghanistan, there lishment of the Congressionally Di- vides similarly for domestic spending were 187,000 troops deployed. We spent rected Medical Research Programs or priorities. approximately $1 million in OCO fund- The President’s defense budget re- CDMRP. Every Senator is familiar ing for every servicemember deployed quest placed the needed funding in the with this important program. I would to those countries. Under this bill, we base where it should be and provided suspect every Senator has stood and would expend approximately $9 million for the OCO funds for contingencies said: Yes, that research on breast can- in OCO for every servicemember who overseas that exist today. The budget cer is so important; that research on served in Iraq and Afghanistan, rough- resolution and the bill before us met other diseases is so critical and so im- ly 9,930 military personnel. We are the President’s request for overall portant. It has strong bipartisan sup- doing a lot more than spending for OCO funding. This is not a question of port. in this bill—deliberately a lot more. Each fiscal year Congress authorizes whether the President asked for a cer- We are doing what we used to do and and appropriates hundreds of millions tain amount of money and my Repub- what we should do in the base budget of dollars to the CDMRP for cutting- lican colleagues are asking for more. of the Department of Defense. What they did is essentially say: We edge and critically essential medical It circumvents the law, the BCA. It is are not going to technically—and I em- research areas. In fact, since 1992, not fiscally responsible, and it is not phasize ‘‘technically’’—violate the BCA CDMRP funding has received over $13 an honest accounting to the American account. We are just going to move billion. While this program is funded public. If years ago, with 187,000 troops, more money into OCO. So we can stand through the Defense bill, and the pro- our OCO costs were about $1 million up with a straight face and say: Well, gram is managed by the Army, the De- per troop and now we are at $9 million, BCA applies across the whole board. partment of Defense does not execute something is askew. Every government agency is subject to any of the money itself. It is a com- Adding the funds to OCO does not the same tight limits that the Budget petitive grant process, and proposals solve—and in some cases complicates— Control Act imposes. But, of course, are subjected to stringent peer and pro- the DOD’s budgetary problems. the truth is that through the use of grammatic review criteria. DOD acts As Army Chief of Staff General OCO those limits don’t apply to the De- as a passthrough because, back then, Odierno said: partment of Defense. the only way you could get this done OCO has limits and it has restrictions and It is particularly startling when you was because there were no caps effec- it has very strict rules that have to be fol- look at the President’s request for do- tively on defense spending. I would sug- lowed. And so if we’re inhibited by that, it

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3901 might not help us. What might happen at the would surely grow if these agencies are will be plussed-up. Their unwillingness end of the year, we have a bunch of money not adequately funded as well. to address this gap is a threat to our we hand back because we are not able to There is a symbiotic relationship be- Nation’s efforts to combat ISIL. spend it. tween the Department of Defense and No. 3, we have to disrupt ISIL’s fi- The defense budget needs to be based other civilian departments and agen- nances. ISIL’s expansion has given it on a long-term military strategy, cies that contribute to our national se- access to significant and diverse which requires the DOD to focus on at curity. It has to be recognized that a sources of funding. Countering ISIL’s least 5 years in the future. A 1-year truly whole-of-government approach financing will require the State De- plus-up to OCO does not provide DOD requires more than just a strong DOD. partment and the Treasury Depart- with the certainty and stability it The BCA caps are based on a mis- ment to work with their foreign part- needs when building a 5-year budget. nomer—that discretionary spending is ners and the banking sector to ensure As General Dempsey, the Chairman of divided into security and nonsecurity that our counter-ISIL sanctions regime the Joint Chiefs of Staff testified, ‘‘we spending. But Members need to be is implemented and enforced. These need to fix the base budget . . . we clear: Essential national security func- State Department and Treasury De- won’t have the certainty we need,’’ if tions are performed by government partment efforts are deemed to be non- there is a year-by-year OCO fix. De- agencies and departments other than security activities under the BCA caps fense Secretary Carter added that rais- the Defense Department. and, under the Republican approach, ing OCO does not allow the Department According to the Commander of the our efforts to disrupt the finances of of Defense to plan ‘‘efficiently or stra- U.S. Southern Command, General ISIL may be hampered. It is also nota- tegically.’’ Kelly: ble that the Office of Foreign Assets Adding funds to OCO is a We do not and cannot do this mission Control and the Office of Terrorism and managerially unsound approach to alone. Our strong partnerships with the U.S. Financial Intelligence in the Treasury what should be a multiyear budget interagency—especially with the Depart- Department are also characterized as process. As the Vice Chief of Staff of ment of Homeland Security, the U.S. Coast nonsecurity activities under the BCA Guard, the Drug Enforcement Administra- caps. the Army General Allyn said: tion, the Federal Bureau of Investigation, The current restrictions on the employ- and the Departments of Treasury and The Republican funding strategy not ment of OCO will not allow it to be a gap- State—are integral to our efforts to ensure only means that our counter-ISIL ef- filler that is currently being proffered to off- the forward defense of the U.S. homeland. forts will be hampered, so too will our set the reduction in our base budget that is Retired Marine Corps General Mattis efforts to impose effective sanctions driven by the current proposals that are be- said: ‘‘If you don’t fund the State De- against Iran, Sudan, and individuals fore Congress. In order to meet the needs of who support their illicit activities also our Army, it must have greater flexibility partment fully, then I need to buy more ammunition.’’ General Mattis’ be affected. . . . it must be less restrictive and must en- We have to continually expose the able us to sustain and modernize as we go point is perhaps best illustrated in the true and brutal nature of ISIL. Our forward. administration’s nine lines of effort to strategic communication plan against This instability undermines the mo- counter the so-called Islamic State of ISIL requires a truly whole govern- rale of our troops and their families, Iraq and the Levant, or ISIL, which 83 ment effort, including the State De- who want to know their futures are percent of Americans think is the No. 1 partment, Voice of America, and threat to the United States. Of the ad- planned for more than 1 year at a time, USAID. The Republican approach to ministration’s nine lines of effort, only and the confidence of the defense in- funding our strategic communication two—which are security and intel- dustry partners that we want to rely strategy is a part-of-government plan, ligence—fall squarely within the re- on to provide the best technologies not a whole-of-government plan. available to our troops. sponsibilities of the Department of De- We have to disrupt the flow of foreign Abuse of OCO in this massive way fense and intelligence community. The fighters. They are the lifeblood of ISIL. risks undermining support for a crit- remaining seven elements of our Yet key components of the Department ical mechanism used to fund the incre- counter-ISIL strategy rely heavily on of Homeland Security would be facing mental increased costs of overseas con- civilian departments and agencies. cuts under the Republican budget pro- flicts. We have to have a disciplined For example, No. 1 is supporting ef- posal, undermining efforts to disrupt system for estimating the cost and fective governance in Iraq. No amount the flow of foreign fighters to Syria funding the employment of a trained of military assistance to the Govern- and Iraq. Without the efforts of our and ready force. ment of Iraq will be effective in coun- diplomats prodding our foreign part- The administration has indicated tering the ISIL threat in Iraq if the ners to pass laws or more effectively that legislation implementing the ma- Abadi government does not govern in a enforce the laws on their books, the ef- jority’s budget framework will be sub- more transparent and inclusive manner forts of the coalition to stem the flow ject to veto. As Secretary Carter has that gives Sunnis hope that they will of foreign fighters will never be suc- said, this approach is ‘‘clearly a road to participate politically in Iraq’s future. cessful. nowhere. I say this because President We need our diplomatic and political My colleague Senator MCCAIN point- Obama has already made clear that he experts in the State Department to ened out the huge refugee crisis. Again, won’t accept a budget that locks in se- gage with Shia, Sunni, Kurd, and mi- our first agency typically to respond to questration going forward, as this ap- nority communities in Iraq to promote refugees is USAID—the United States proach does, and he won’t accept a and build reconciliation in Iraq and Agency for International Develop- budget that severs the vital link be- build the political unity among the ment—and other State Department tween our national security and our Iraqi people needed to defeat ISIL. agencies. We will not be able to effec- economic security.’’ That is not strictly a Defense Depart- tively deal with that issue if those When we talk about national secu- ment issue. budget caps are imposed on USAID and rity, true national security requires No. 2, we have to build partner capac- other agencies. Those refugee camps that non-DOD departments and agen- ity. The coalition is building the capa- are one of the breeding grounds for the cies also receive relief from BCA caps. bilities and capacity of our foreign foreign fighters who flow back into the The Pentagon simply cannot meet the partners in the region to wage a long- conflict zone. complex set of national security chal- term campaign against ISIL. While the Unless we adopt a much broader ap- lenges without the help of other gov- efforts to build the capacity of the proach, unless we do something other ernment departments and agencies, in- Iraqi security forces and some other than simply plus-up defense, we will cluding State, Justice and Homeland foreign partners are funded by the De- not achieve true national security. Of Security. In the Armed Services Com- fense Department, the State Depart- course we have to protect the home- mittee, we have heard testimony on ment and USAID are also responsible land. While a small portion of the De- the essential role of other government for billions of dollars in similar activi- partment of Homeland Security is con- agencies in ensuring that our national ties and across a broader spectrum of sidered security related, under the defense remains strong. The Defense activities. Under the Republican plan, BCA, the vast majority of the Depart- Department’s share of the burden none of the State and USAID programs ment falls under the nonsecurity BCA

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I believe it ligence about threats to the Nation— aspects, our national security is also goes to the heart of the most impor- all of them vitally contribute to our inherently tied to our economic secu- tant questions we face in the country national security, but they will be rity. Secretary Carter made this very today: How do we provide for the com- treated distinctly different than our clear. He said the approach that is prehensive defense of the Nation? How military if we adopt the approach that being proposed disregards ‘‘the endur- do we invest in our people so that we is included in this Defense authoriza- ing, long-term connection between our will continue to be strong? I think if tion bill. nation’s security and many other fac- we do not provide this type of mecha- I talked about the refugee crisis. Vir- tors. Factors like scientific R&D to nism to start this discussion on the tually none of the activities that sup- keep our technological edge, education BCA and hopefully promptly complete port our humanitarian efforts in the of a future all-volunteer military force, it, then we will be missing not only a region are considered security activi- and the general economic strength of historic opportunity, we will be lock- ties. Military commanders routinely our country.’’ ing ourselves into a road that will tell us that the efforts of State, Where will we get the soldiers of the leave us less secure in the future, less USAID, the Office of Foreign Disaster future who have the skills and the productive, and less strong as a nation. Assistance are critical to our broader training and the expertise if we are Let me remind people that the stated security efforts. This is particularly underinvesting in the basic education purpose of the bill is ‘‘to authorize ap- true from a counter-ISIL campaign. for all of our citizens? propriations for fiscal year 2016 for Again, those refugees who are flood- My amendment would keep the pres- military activities of the Department ing into the countries adjacent to sure on for a permanent solution to the of Defense.’’ We have to begin this ap- Syria and to Iraq have to be dealt with BCA caps and sequestration by requir- propriations process by recognizing not only on humanitarian grounds but ing that the BCA caps be eliminated or that the BCA will not help us going also as potential sources of foreign increased in proportionally equal forward, and we must move to modify fighters. That is going to require a amounts for both security and non- or repeal it. whole-of-government approach, not security spending before the additional With that, I will close simply by say- simply using OCO to beef up our de- OCO funds are available for obligation ing again that if we continue these fense spending. Taken together, the or expenditure. caps going forward, it will harm our Republican plan could compromise our Let me again emphasize that we are military readiness. Our national de- broader campaign against ISIL and de- not taking away these funds. We sim- fense should be based upon long-term prive significant elements of our gov- ply say what I think makes a great needs. They should be reflected in a ernment of the resources needed to do deal of sense: Until we develop an ap- transparent, forthright budget that the job to protect the American people. proach to BCA that allows us to pro- puts the money in the base, provides The men and women of our military vide for a comprehensive defense of the contingency funds for true contin- volunteer to protect this Nation and Nation and to invest in the economic gencies overseas but does not turn are overseas fighting for our ideals, in- health of the Nation, then these funds things upside down and make our con- cluding good education, economic op- will be reserved. Once we do that, then tingency funding really the heart of portunity, and safe communities. Ef- automatically all of the funding that is the bill in so many respects. forts to support all of those goals will We have to work together. We have included in this bill will become avail- be hampered unless civilian depart- to make sure every Federal agency can able to the Department of Defense. ments and agencies also receive relief benefit because every Federal agency We have heard colleagues on both from the BCA caps. contributes to the country. So I sides of the aisle talk for years now I had the privilege of commanding a strongly urge my colleagues to vote for about the need to resolve the BCA, to paratrooper company at Fort Bragg, this amendment, to begin this dia- end sequestration. Every uniformed NC. We fought for many reasons, in- logue, and to move forward, the sooner servicemember who came forward, cluding to give people a chance in this the better. country—not just to protect them from every chief of service said their No. 1 I yield the floor. a foreign threat but to give them real priority was to end sequestration, end The PRESIDING OFFICER. The Sen- opportunities here. the BCA. This bill does not do it; it ator from Wyoming. By the way, our servicemembers and sidesteps the issue. We can no longer Mr. ENZI. Mr. President, how does their families rely on many of the serv- sidestep the issue. We have to engage the budget fund defense? That is what ices provided by non-DOD departments on this issue. I think we have to move we are talking about. The balanced and agencies. For example, the Depart- promptly and thoroughly and thought- budget resolution recently approved by ment of Education administers Impact fully forward to resolve the BCA. Congress recognizes the responsibility Aid to local school districts, where The legislation I have proposed rec- that the Federal Government has to children of servicemembers go to learn. ognizes the need for these resources defend the Nation while recognizing The Department of Agriculture sup- but also recognizes the overarching the threats our overspending and grow- ports the School Lunch Program, from issue: Unless we are able to effectively ing debt pose to our national security. which troops and their children and modify or eliminate the BCA, our com- That is why the balanced budget ap- their families benefit. The National In- prehensive national security will be proved by Congress last month makes stitutes of Health supports lifesaving threatened, our economic progress will national defense a priority and pro- medical research, including by contrib- be threatened, and our aspirations for vides for the maximum allowable de- uting to advanced efforts on traumatic the country could be thwarted. fense funding under current law. brain injury, post-traumatic stress, My amendment seeks to implement, Let me say that again. The budget and suicide prevention. The Depart- by the way, a sense-of-the Senate that provides for the maximum allowable ment of Health and Human Services is already in the bill, and it clearly defense funding under current law. runs Medicare, which provides health states that sequestration relief should That current law is a law which was care for retirees and disabled individ- include equal defense and nondefense signed by this President and provides uals, and Medicaid, which provides relief. We have made—and I commend vital support for our military per- services to parents, including military the chairman for this—a statement— sonnel and their families, the readiness parents with children with special without an effective means of imple- of our Armed Forces, and the mod- needs. mentation. It is a statement, an aspira- ernization of critical platforms. Failing to provide BCA cap relief to tional goal, that we should fix BCA and Does anybody deny that this is a crit- non-DOD departments and agencies relieve defense and nondefense spend- ical time? With the increasing number

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We accounted for every they haven’t looked at these programs protect them. Given the global threat single dollar of OCO that we assumed in years? How would they know if they environment, the funding approach would be spent. Even with these OCO don’t have a way to measure how well taken by the Senator from Arizona and levels, the budget resolution still met the programs are working? the Armed Services Committee, which its overall goal of balancing within 10 Were defense and nondefense spend- was bipartisan, ensures that the men years. ing treated equally under the BCA and women of our Armed Forces have It is good to see my colleague so con- under the budget caps? The insistence the resources they need to confront an cerned about the deficit, and I look for- that any change to the discretionary increasingly complex and dangerous se- ward to working with him to fully im- changes be based on dollar limits for curity environment. plement our balanced budget. This will both categories of spending fails to Is sequestration a threat to our mili- ensure that we can get our Nation’s fis- take into account the different treat- tary? If appropriated at the levels pro- cal house in order while providing re- ment each took under the budget caps, vided by the NDAA, the National De- sources needed for our national de- the BCA. fense Authorization Act, the defense fense. Defense spending, which makes up budget would not face indiscriminate, Unfortunately, the concern expressed less than one-fifth of all government across-the-board cuts known as seques- over providing OCO funding doesn’t spending, received less than half of the tration, while it provides for the needs seem to be centered on the fiscal con- reductions in the BCA. Defense spend- we are reviewing right now. People cerns because even most critics support ing also faced more budgetary pressure have a chance to amend the needs right the need for more defense money. No, than nondefense spending because it is now. If they think there is something their concerns are based on the demand largely discretionary. Nondefense in there that is not needed, they can to increase nondefense discretionary spending was able to distribute its BCA amend it—they can try to amend it. spending on a dollar-for-dollar basis reductions over a larger amount of ac- There should be justification for what with defense spending. But the only counts and over a larger portion of they want. way to do this in the short term is by mandatory programs. That provides a This bill puts us on a path to spend raising taxes on hard-working Amer- fudge factor. $612 billion on defense this year. This is ican families. Defense is making its The continued insistence on tying the same overall amount that was re- case and has made its case. Nondefense both defense and nondefense spending quested by the President earlier this has not. together has left only the approach year. Numerous officials at the Pen- Do we really need to increase the taken by this bill to fund the defense tagon have made it clear that they see caps? If we want to increase nondefense at the President’s level. this funding level as the bare minimum spending, Congress should take a closer We know from the administration budget needed to execute our defense look at what we are actually funding. that the President’s advisers are rec- strategy. So why are some Senators Last year, we provided nearly $293.5 ommending he veto this bill. We also concerned about the level of budgetary billion for more than 260 authoriza- know some of my colleagues are con- resources this bill provides to the De- tions that have expired. Yes, we have sidering blocking appropriations bills partment of Defense? They simply do 260 authorizations. That is where Con- this year to force a government shut- not like the use of the overseas contin- gress says this is what we ought to be down. gency operations funding, the OCO. spending our money on. Every bill should stand on its own for It is important to note that those not They expired, and we are still spend- justification. No one is arguing the familiar with the Budget Control Act— ing money on them—$293.5 billion a need for national defense. What they that is not the budget; that is the year. Usually, we talk about over 10 are actually arguing is the need for the Budget Control Act. It was passed with years here. That would practically bal- nondefense increases. This is an at- bipartisan support and signed into law ance the budget by itself over a 10-year tempt to leverage defense program- by President Obama back in August of period. Those are programs we need to ming to get nondefense, which I men- 2011. It established a discretionary take a look at. Those are programs tioned the 260 programs, $293.5 billion a spending cap, but it also allowed for that have expired. Some of those pro- year that has expired—so they want certain cap adjustments. The BCA caps grams expired as long ago as 1983, but this OCO to be replaced with a deal. can be adjusted for emergencies, disas- we are still spending money on them What we are supposed to do in Con- ters, program integrity initiatives, and every year. That means we have been gress is legislate, not deal make. But OCO. paying for some of these expired pro- that is what is being proposed. Let’s Yes. That is in the Budget Control grams for more than 30 years, and it is make a deal. Now, if they step back Act, the Budget Control Act passed Au- not just the length of time these pro- and look at the facts laid out today, gust 2011 and signed by President grams have overstayed their welcome, hopefully, they can move away from Obama. Those are the four ways you the funds we allocated to them every this brinkmanship and realize the path can adjust the budget caps without year are more than what the law called they are on only leads to more uncer- forcing sequestration. Now, in the case for in those authorizations when tainty for the men and women in our of OCO—overseas contingency oper- passed. In some cases, that means we Armed Forces. Strengthening our na- ations—funding, both Congress and the are spending as much as four times tional defense and providing for the President have to agree that the fund- what the bill allowed. brave men and women of our military ing should be designated in that man- Savings usually are found in the should be something both sides agree ner. Therefore, the OCO funding in this spending details, but Congress hasn’t on. bill will only occur if Congress appro- examined the details in some time, ex- So what is the future of the BCA priates it and the President agrees to it cept on defense. We do the Defense au- caps? It is time both parties get serious in the future. I would hope that when thorization every year. These others, about addressing our Nation’s chronic the President and his advisers said this well, I mentioned one of them expired overspending. We know some on both is the overall level of funding they in 1983, some in 1987. I mentioned it is sides want the caps from the Budget needed for defense, they meant it. But 260 authorizations. It affects 1,200 pro- Control Act changed—but at what only time and the appropriations proc- grams. Do you think in 1,200 programs price for our Nation and the hard- ess will tell. for $293 billion a year we couldn’t find working taxpayers? Without any Did the budget account for OCO $38 billion to match what we are doing changes to the BCA structure, just spending? While there is no require- in defense? We ought to be ashamed if raising these budget caps without in- ment to offset OCO spending, when we we can’t. creasing the debt in the short-term

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3904 CONGRESSIONAL RECORD — SENATE June 9, 2015 would require increasing taxes. That is bility to represent our treasured way of life prevention, sexual assault—will be why we asked for the extra year to be at home and abroad in pursuit of a better, fully funded when other defense prior- able to work on this whole thing. more peaceful world. And after they do that, ities come back into the base budget If Congress is serious about address- they deserve the thanks of a grateful nation. That’s how it should have been in the 1970s. for future years. Under OCO, these ing the challenges of the Budget Con- That’s how it is now. We must make it our things could get squeezed out. Our trol Act, it has to first start by tack- responsibility to ensure that this is how it military brass needs to know that the ling its addiction to overspending and will always be. weapons systems they are relying on 4 once again become good fiscal stewards We have a crucial decision to make years from now—but being paid out of of the taxes paid by each and every on funding our national defense. I don’t OCO this year—can be funded and fin- hard-working American. think it should be held hostage to ished. So our military doesn’t deserve Of course, if the administration other budget concerns. Each of those budget gimmicks, they deserve real would stop overregulating, the econ- should stand on their own. Each of support. omy would grow, and in a short time those should review all of the things What my friends on the other side of we would have more revenue without under their jurisdiction. I ask for you the aisle have done with this OCO in- raising taxes. Yes, that is what both to defeat the amendment. crease is a budgetary sleight of hand— the Congressional Budget Office and I yield the floor. a half-hearted attempt to fund the De- the Office of Management and Budget— The PRESIDING OFFICER. The Sen- fense Department while leaving key, one works for Congress and one works ator from New York. middle-class programs behind. Our De- for the President—said; that if we Mr. SCHUMER. First, I thank my fense Department gets budget work- could just raise the economy by 1 per- friend from Wyoming for his remarks. I arounds and exceptions, while hard- cent a year, CBO says that would pro- don’t always agree with him, but he is working families must continue to feel vide $300 billion. The President’s office sincere, thoughtful, and puts every ef- the harsh cuts imposed by sequestra- says that would provide $400 billion in fort into coming up with a decision he tion. That is a double standard because taxes. believes is right, so we appreciate that we need both for a strong America. We We are receiving more tax revenue very much. need a strong military, and we need a right now than we have in the history I also thank my colleague from strong middle class. To choose one over of the United States, but we spend Rhode Island, our ranking member on the other—and do it by budgetary more than that. Of the amounts that Armed Services, who has laid out in sleight of hand—is nothing anyone can we get to make a decision on, we are very careful terms why the amend- be proud of, in my opinion. spending almost 50 percent more than ment, the Reed amendment, is so im- So regardless of what happens with what we take in. We can’t continue to portant. I thank him. He has also, like NDAA this month, one thing should be do that. We can’t continue to afford my friend from Wyoming, been assid- absolutely clear to my Republican the interest on the debt if we keep uous, diligent, and careful in his work friends—and I see our ranking member doing that. on the Armed Services Committee, and of Appropriations who has led this Americans are working harder than I thank him for offering this amend- fight on the floor. Democrats will not everyone to make ends meet. Shouldn’t ment. vote to put a defense appropriations their elected officials be doing the We have come to the floor with a bill on the floor that uses accounting same thing? By tackling these issues very simple message for our Repub- trickery or budgetary gimmicks to honestly and directly, we can help en- lican colleagues, and it is articulated fund our troops. We will not vote to sure that our Nation is safe and secure in this amendment. If you want to proceed to the Defense appropriations by investing in America’s Armed make America strong by replacing the bill or any appropriations bill until our Forces while also maintaining fiscal harsh and arbitrary automatic cuts in colleagues from the other side of the discipline. this budget as we do, then you have to aisle have sat down at the table and On a related note, the Senate Budget do it in a way that makes sure we will figured out with us how we are going to Committee has produced an indepth have a strong military abroad and the properly fund the Defense Department analysis of defense spending and the things we need to be strong and secure and the key priorities that help fami- OCO funding provision as part of our at home as well. lies, fuel economic growth—in short, June budget bulletin, which was pub- That means equally replacing cuts to keeping us safe and strong both at lished today. People interested in both defense and domestic budgets—$1 home and abroad. learning more can do so by going to for defense, $1 for the middle class—in We simply cannot and will not move our Web site: budget.senate.gov or con- the hopes that they can raise their in- forward with one acceptable bill at a tact on twitter@budgetbulletin. come levels, and it can be easier for time on the appropriations side until I close with some words from today’s others who are not yet in the middle we are able to sit down and reach an paper from the Casper Star-Tribune class to reach. That is what the amend- agreement that replaces cuts equally editorial: ment would require. for our military and our domestic Many of the servicemen and servicewomen The truth is, the way the Repub- needs. returning from faraway battlefields—Viet- licans have put this bill together sig- This amendment requires that bal- nam or any other place of conflict—have nals a poor approach to both major ance. That is why I salute the Senator seen horrible, unspeakable things. They’ve been courageous in the face of death and de- areas of our budget. It locks in the se- from Rhode Island, my dear friend, the struction. Some gave up a relatively easy, quester cuts for our men and women in ranking member of the Committee on safe life to travel far from home and fight for uniform, instead using the OCO, essen- Armed Services for putting it together. what we as a nation believe the world should tially a wartime account, as a one-time It says that the extra money in OCO be, or could be, someday. That kind of com- gimmick to make up for shortfalls. cannot be used unless we give equal or mitment doesn’t come without pain or sac- That is a bad idea. greater relief to domestic programs rifice—immense pain and sacrifice, in some Using the OCO account to pay for our that help the middle class. cases. troops, maintain and operate our mili- If my friends on the other side of the None of that has anything to do with politics. Politics is the arena of our elected lead- tary or purchase weapons that will aisle are serious about escaping the ers, not our troops, and it’s both necessary keep us safe is a terrible mistake. Why senseless, obtuse budget cuts imposed and patriotic for us as voters to evaluate is that? It is 1-year funding. You have by the sequester and their use of OCO, those leaders’ decisions and actions and to do a plan for 3 years. You have to admittedly a gimmick—they are ad- speak out against the ones we disagree with. build a submarine that takes 4 or 5 mitting that is the case, that we have That’s democracy and dissent. years. to do more and go above sequestration But our troops are our representatives on I talk to defense contractors. I talk for military and average families—they the ground. We must not use our vaunted to military leaders. They can’t do it 1 system of democracy as a tool to inflict pain will wholeheartedly support the Jack on this brave group of people. They’re not year at a time. It doesn’t make sense. Reed amendment. obligated to support our leaders’ political Our military families need stability I yield the floor. ideologies any more than the rest of us, but and support. They need to know that The PRESIDING OFFICER. The Sen- uniquely, they have made it their responsi- programs that benefit them—suicide ator from Maryland.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3905 Ms. MIKULSKI. Mr. President, today by $38 billion, but it uses it to fund ac- programs are being hacked. People in I rise in support of the amendment of- tivities that should be in the base bill the United States are having impor- fered by the Senator from Rhode Is- rather than the war cost it was in- tant information about their health land, Mr. REED. Characteristic of him, tended for. Essentially, it is a budget records, their Social Security numbers, it is a thoughtful solution to a very se- gimmick. and so on being stolen. We need to have rious problem related to the funding of What is the overseas contingency a robust Department of Homeland Se- our national security needs. fund? It was meant to be a line item curity. They have a program called I would like to support and salute where we could actually see what war Einstein that is supposed to do it, but Senator REED for his outstanding job. costs us. In Afghanistan and Iraq it was we don’t have to be Einsteins to know Many don’t realize that Senator JACK kind of commingled through a lot of that in order to protect America we REED is a graduate of West Point. He the other items related to defense, but also have to protect the Department of served in the U.S. military, bringing we didn’t know the actual cost of the Homeland Security. that breadth of his considerable back- war. OCO is meant for war. It is not Then of course there are the promises ground to additional public service, meant to be a way to avoid the budget made and promises kept. There is the both in the House and now in the Sen- caps. Instead of just raising the caps Subcommittee on Military Construc- ate. He is the ranking member on the and funding DOD at the needed level, tion, Veterans Affairs, and Related defense authorization committee and this bill uses this gimmick, so nothing Agencies. We must fund our promises also serves in great capacity on the De- about it is really in the national inter- made to our veterans. That is out of fense Appropriations Subcommittee. est. discretionary spending. That is not out Now, let us talk about the Reed Our military leaders tell us: No. 1, of defense. But the infrastructure for amendment and the funding for the De- get rid of sequester. No. 2, you must in- our military, our military bases here in partment of Defense. I want to be very crease the base bill. our own country, come out of military clear. I do want to support funding for Defense budgeting cannot be done on construction. the national security of the United a year-to-year basis. It must be I don’t want to sound as if I am de- States of America. We take an oath to multiyear because it is for the plan- fending government programs. That is defend the Constitution against all en- ning of procurement for them to have not what I am here to do. I am here to emies foreign and domestic, and we the best weapons systems. It is recruit- defend the Nation and defend it the must uphold that oath not only with ment and training and sustaining of right way. We need to be able to put lip service but with real money in the the military and their personnel needs. money in the Federal checkbook that real Federal checkbook. We need to do Defense Secretary Ash Carter said: funds our Department of Defense with- it in a way that doesn’t use gimmicks ‘‘Our defense industry partners, too, out gimmicks, without sleight of hand, or smoke and mirrors to end sequester need stability and longer-term plans, without finessing or playing dodge ball. or to finesse or do a shell deal behind not end-of-year crises.’’ GEN Dan We have to play hard ball with the ter- the budget caps. Allyn, Army Vice Chief of Staff, said: rorists and others who have predatory Remember, we passed a bill that does ‘‘OCO does not give you the predictable intent against the United States. have significant budget caps. But the funding to be able to plan the force we We have to be Team U.S.A. not only way to deal with that problem is not to are going to need.’’ on the sports field but on this playing cap the Department of Defense but to I want to make another point. The field right here on the floor of Con- be honest about what it takes to fund defense of the United States doesn’t lie gress. Let us work together. Let us get national security. The Reed amend- only with DOD. That is our warfighting a new budget agreement. Let us solve ment does that. It makes clear that the machine. But we have other programs the problems. Let us end sequester. Let Department of Defense should receive that are related to national security us work together to be able to do it. I $38 billion, but in its base budget to that come out of domestic discre- believe a big step forward would be sup- take care of the troops, to protect the tionary spending that are shortchanged porting the amendment offered by the troops while they protect us, to make and are shrinking and, quite frankly, I Senator from Rhode Island, Mr. REED. I sure they have the right gear, the right am concerned about it. ask, in the interest of national secu- equipment, the right technology, and What am I talking about? In order to rity, that we vote for the Reed amend- also the right intelligence to be able to have national security, you need to ment and that we go to the budget. do their job. The Reed amendment also have a State Department. You need to Let’s go to the negotiating table and looks out for military families. It does have a State Department to do the come up with a real framework to fund what we need to do. kind of work that involves diplomacy. the compelling needs of our Nation, Only when there is a new budget That involves working with nations and let’s do it, Team U.S.A. agreement that increases the defense around the world and the needs of I yield the floor. budget as well as the budget for domes- these nations and also to engage in im- tic programs will we be able to solve portant negotiations such as we have f the problem that is facing us. now ongoing on the Iran nuclear. That RECESS Now, what our generals have told us is not done by generals. That is done The PRESIDING OFFICER. Under is we cannot meet our defense needs by diplomats. You need to have a De- the previous order, the Senate stands with the current budget caps. They partment of State. Look at what hap- in recess until 2:15 p.m. also say: Senator—this is General pened in Benghazi, where there is so Thereupon, the Senate, at 12:41 p.m., Dempsey, and this is General Odierno, much focus on this. While they are fo- recessed until 2:15 p.m. and reassem- who spoke so well at the funeral of the cusing—and we should focus—on bled when called to order by the Pre- Vice President’s son on Saturday; Benghazi, we appropriators are focus- siding Officer (Mr. PORTMAN). these men have devoted their lives to ing on embassy security. Embassy se- the defense of our country and to have curity is funded through the Depart- f the best military in the world—don’t ment of State and funded by discre- NATIONAL DEFENSE AUTHORIZA- give us sequester. Instead of figuring tionary spending. If you want to pro- TION ACT FOR FISCAL YEAR out how to fight terrorism, we have to tect Americans overseas, you have to 2016—Continued figure out how to fight the stupidity of have embassy security. You have to Congress. have a Department of State. The PRESIDING OFFICER. The ma- Now, they do not use those words; I Then we have the Department of jority whip. am using those words. When we insti- Homeland Security. Look at all the AMENDMENT NO. 1486 tuted sequester, it was a technique to cyber attacks on us right at this Mr. CORNYN. Mr. President, this force us to make the tough decisions. minute. We need to have a cyber com- Chamber is currently having a very im- We keep hiding behind the technique. ponent to defense, but we need to have portant debate about our national se- We need to change that. The bill we the cyber defense strategy at the De- curity priorities, including the author- have now raises funding for something partment of Homeland Security. Even ized funding levels for our Nation’s called the overseas contingency fund our military is being hacked. Insurance Armed Forces. But I would like to

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3906 CONGRESSIONAL RECORD — SENATE June 9, 2015 speak just briefly about an element of world’s supply of oil. Indeed, gasoline I would say, even though Russia and our national security that is often is already sold around the world at a Europe and NATO are the primary overlooked, and that has to do with the global price. So more supply of oil, focus, this is not just limited to NATO. interconnection between our energy re- which is the chief component of gaso- It could include important allies of sources here in America and global se- line, would actually increase the sup- ours in the Middle East, like Israel, as curity. ply. Even according to a recovering well. My amendment reiterates this ex- I will start by quoting the Chairman lawyer who is not an economist, on a isting authority, and it encourages the of the Joint Chiefs of Staff, GEN Mar- supply-and-demand basis, with static President to use it to help reduce the tin Dempsey, who said: ‘‘I think we’ve demand increasing, the supply is actu- vulnerabilities of our allies in Europe got to pay more and particular atten- ally going to bring down the price. and around the world when it is deter- tion to energy as an instrument of na- The Energy Secretary is not the only mined to be in our national interest. It tional power.’’ one who believes there will either be no does not add to that authority, and it Well, I could not agree, in this in- change or actually a downward price to does not constrain it either. stance, with General Dempsey more. consumers on gasoline. Well, the President just returned So I want to again address a way in After reviewing several studies on from the so-called G7 summit—rep- which I believe the United States can this issue, the Government Account- resenting the leading seven economies utilize our vast domestic energy re- ability Office noted that ‘‘consumer of the free world—and here is what the sources to not only enhance our econ- fuel prices, such as gasoline, diesel, and G7 said about this topic. The G7 leaders omy but also help enhance our national jet fuel, could decrease as a result of said that ‘‘we reaffirm our support for security and help us meet our strategic removing crude oil export restric- Ukraine and other vulnerable countries objectives around the world and spe- tions.’’ So this is the Government Ac- . . . and reiterate that energy should cifically by helping many of our NATO countability Office that said that, ac- not be used as a means of political co- allies in Europe in this process. tually confirming, essentially, what ercion or as a threat to security.’’ As I mentioned on the floor last Secretary Moniz said; that we would So if that is the position of the G7, if week, many of these countries rely actually see gasoline prices go down at the Obama administration takes the heavily on energy resources from Rus- the pump were we to lift this domestic position that lifting the ban on exports sia, creating strategic vulnerability for sanction we have imposed upon our- of oil will not do anything to raise the them as well as for the United States, selves when it comes to exporting price of gasoline at the pump and could their treaty ally. This is not a hypo- crude. well reduce it, then I think the Senate thetical matter because we know Another think tank, the Aspen Insti- would be well advised to support the Vladimir Putin has literally turned the tute, said it would have ‘‘significant amendment I have offered which, spigot off to countries like Ukraine and positive and durable effects on [our again, just restates the current author- threatens to do so to Europe if they gross domestic product], aggregate em- ity, does not expand it, and then asks happen to disagree with Russian pol- ployment and income.’’ the Defense Department and the intel- icy, particularly with regard to its ex- The Aspen Institute, just as another ligence community to do an assess- propriation of Crimea and Ukraine. example, thinks it would be good for ment of how we can better understand But the United States can use its en- income, it would be good for jobs, it the role our energy assets play as an ergy resources to reassure our allies would be good for our economy. element of our soft power and national and partners and to lessen, reduce, at So it seems the only people who do security. the same time, their dependence on bad not think lifting the ban would be good Our allies are pretty clear-eyed about all this. They recognize that shrinking actors like Russia and Iran. So it is as are limited to the Halls of Congress or their dependence will not be complete simple as helping our friends and perhaps some of the lobbyists who raise or easy. But one goal this amendment checking the abuse of power by our ad- money scaring people when it comes to seeks to recognize is that we have al- versaries. the use of our fossil fuels, particularly lies that are asking for help that will Now, while allowing energy exports oil and gas. to some of our allies when their secu- While I think it is important to come put them on a path toward less reliance and will put Russia on notice that rity is threatened probably sounds like and rebut this faulty argument, the they will not be able to hold these a commonsense notion to a lot of peo- amendment that is pending to the un- countries hostage to energy. ple, there are some skeptics. One of our derlying bill is actually much more This is about options, alternatives, colleagues, the junior Senator from narrowly targeted. It simply ensures and a stable supply on the world mar- Massachusetts, has suggested that ap- that we will have a reliable sense of the ket that are all helped by increased proving crude oil exports to anybody— energy vulnerabilities of our European U.S. production and this renaissance in including on a limited basis to our al- partners. In fact, we are a member of natural gas and oil that has been lies who are being coerced and under the North Atlantic Treaty Organiza- brought about thanks to the great in- duress from Vladimir Putin—that tion, and under article 5, were they to novation and technology improvements somehow that would result in a tax on be attacked, all members of the treaty in the private sector, created here in consumers at the pump. In other would be required to come to their as- the United States but benefiting the words, he is arguing that exporting our sistance. So why in the world would we entire world. natural resources around the world not want to reduce their vulnerability The G7 leaders noted that the diver- would actually cause gasoline prices to to economic hostage-taking? sification of the world’s energy supply go up. We also want to get a better under- is ‘‘a core element of energy security,’’ Well, I am here to say that is a faulty standing of Russia’s ability to use this including a diversity of ‘‘energy assumption and it is simply not dependency against our allies in NATO mix[es], energy fuels, sources, and grounded in fact. It is at odds with the and Europe in general. So my amend- routes.’’ research and leading opinions of mul- ment would allow us to see the big pic- So my amendment is based on the tiple experts, think tank organizations, ture when it comes to just how depend- idea that we may supplement the glob- and officials. And you know what. It is ent our allies in the region are on na- al market, and that ultimately brings even at odds with the Obama adminis- tions that wield their energy supply as about increased diversity in fuel sup- tration’s leading expert in this field. a weapon. ply, which benefits everyone. Here is what Secretary Moniz said on Now, I just want to make clear my My amendment is not about limiting February 12, 2015, about the effect of amendment would actually not change the President’s authority under cur- crude oil exports on U.S. gas prices. He any of the current law. It would not rent law. I did not intend to do that. said there would be no effect on gas change any of the current law. It sim- This amendment does not do it. It is prices. He said: ‘‘And their [EIA’s] con- ply restates the current authority that about taking a modest first step to- clusion was, probably none to possibly the President has in his discretion to ward addressing the requests, the minor decreases in domestic prices.’’ allow crude oil and natural gas exports, pleas, in some cases, of our allies and So if you think about it, actually if determined to be consistent with the our partners in an increasingly unpre- more American supply increases the national interest. dictable world.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3907 So I would encourage our colleagues I first thank both of the leaders of rity and the needs of our country. We to support this amendment and, in this committee for important work could go through all of the other parts doing so, take the long-term view of that is being done. But the amendment of the Federal budget that impact secu- our national security interests as well in front of us is absolutely critical for rity and realize that if we aren’t will- as the peace and stability of our most the safety and security of the Amer- ing to look at security for our families trusted allies and partners. ican people and certainly for our and communities and our country as a I suggest the absence of a quorum. troops. We all agree—we need to whole, as Senator REED does, we will be Mr. President, if I may withhold that agree—that our troops deserve more undercutting the safety and security request. than budget gimmicks. What we have we all want for our families and com- I ask unanimous consent that the in here are too many budget gimmicks munities. time in the quorum call be equally di- that do not reflect the commitment we So I strongly support and urge col- vided. need to have to our troops and their leagues to come together and vote for The PRESIDING OFFICER. Is there families. the Reed amendment. objection? Further, it does not allow us to fully Mr. REED. Will the Senator repeat fund the security needs of the country. Mr. REED. Mr. President, I suggest his request? We are going to be having a very im- the absence of a quorum. Mr. CORNYN. I will be glad to re- portant debate after this legislation on The PRESIDING OFFICER. The state it. I am asking unanimous con- what to do around appropriations, and clerk will call the roll. sent that the time in the quorum call it is critical that Senator REED’s The senior assistant legislative clerk be equally divided between the sides. amendment be passed so we have the proceeded to call the roll. Mr. REED. No objection. opportunity to fully fund the full range The PRESIDING OFFICER. Without of security needs of our country—not Mr. MCCAIN. Mr. President, I ask objection, it is so ordered. only in the Department of Defense, unanimous consent that the order for Mr. CORNYN. I suggest the absence which we all know is very important, the quorum call be rescinded. of a quorum. but our border security, cyber security, The PRESIDING OFFICER. Without The PRESIDING OFFICER. The counterterrorism, police and fire- objection, it is so ordered. clerk will call the roll. fighter efforts—those on the frontlines. Mr. MCCAIN. Mr. President, I ask The senior assistant legislative clerk Whom do we think is called when we proceeded to call the roll. unanimous consent that the following dial 911, when there is an emergency of Senators be permitted to speak before Mr. MCCAIN. Mr. President, I ask any kind. It is police officers and fire- the vote: Senator DURBIN for 8 minutes, unanimous consent that the order for fighters that, unfortunately, without Senator SESSIONS for 8 minutes, Sen- the quorum call be rescinded. the Reed amendment, will not receive ator MCCAIN for 7 minutes, and Senator The PRESIDING OFFICER. Without the kind of support and funding needed REED for 7 minutes. objection, it is so ordered. to keep our communities safe. Mr. MCCAIN. Mr. President, what is We need to stop weapons of mass de- The PRESIDING OFFICER. Is there the parliamentary situation? struction, focus on airport security. We objection? The PRESIDING OFFICER. The Sen- are on and off airplanes every single Without objection, it is so ordered. ate is currently considering H.R. 1735. week, as are millions of Americans. We The Senator from Illinois. Approximately 22 minutes remain on know how critical it is that we be fund- the majority side. ing our airport security. We know FOR-PROFIT COLLEGES AND UNIVERSITIES Mr. MCCAIN. Twenty-two minutes on there are outbreaks, like Ebola and Mr. DURBIN. Mr. President, we have the majority side. other infectious diseases and attacks The PRESIDING OFFICER. Yes, and an industry in America called for-prof- that may come from that, that are not it colleges and universities. It is a 11 minutes on the minority side. in the bill in front of us but are critical Mr. MCCAIN. I ask unanimous con- unique part of America’s private sec- to the funding of the national security tor—and I use the phrase ‘‘private sec- sent that such time as the Senator interests of our families, our commu- from Rhode Island may need to con- tor’’ with some caution. These are prof- nities, and our country. itable entities which portray them- clude the debate be in order and I have Senator REED has put forward an selves as colleges and universities. We 10 minutes in order before the vote. amendment that would guarantee we know their names: the University of The PRESIDING OFFICER. Is there would not only think of security in the Phoenix, DeVry University, Kaplan objection? context of the Department of Defense University, and—until very recently— Mr. REED. Mr. President, we have but that we would understand it is Corinthian, one of the largest for-profit Senator STABENOW and Senator DURBIN throughout the Federal Government— schools. What do they do? They entice coming, and I believe we have heard all of the various services and folks young people to sign up at their for- that Senator GRASSLEY is also coming, coming together from border security, profit colleges and universities and and with the Senator’s 10 minutes, I cyber security, counterterrorism, local promise them they are going to give think that will fill up the time until police and firefighters on the frontline, them training or education to find a the vote at 3 o’clock. the ability to stop weapons of mass de- job. Mr. MCCAIN. We have Senator SES- struction, airport security, Ebola pro- SIONS as well. tection with the Centers for Disease Now, it turns out that as alluring as Well, let me suggest the absence of a Control and Protection, and so much that is, it doesn’t tell the whole story. quorum first, and then we will work it more. The people of the country under- The real story about the for-profit col- out. stand it is not just about the Depart- lege industry can be told with three I suggest the absence of a quorum. ment of Defense. numbers: The PRESIDING OFFICER. The Certainly, we need to make sure that Ten. Ten percent of all high school clerk will call the roll. even within the Department of Defense graduates go to these for-profit col- The senior assistant legislative clerk budget, we are doing more than budget leges and universities. proceeded to call the roll. gimmicks. Certainly, our troops de- Ms. STABENOW. Mr. President, I ask serve that. But without the amend- Twenty. Twenty percent of all the Federal aid to education goes to these unanimous consent that the order for ment that Senator REED has so the quorum call be rescinded. thoughtfully put forward and designed, for-profit colleges and universities. The PRESIDING OFFICER. Without we will be undercutting critical parts About $35 billion a year flows into objection, it is so ordered. of national security for our people. these schools. If it were a separate Fed- AMENDMENT NO. 1521 So I strongly urge that we come to- eral agency, it would be the ninth larg- Ms. STABENOW. Mr. President, I am gether on a bipartisan basis. We talk a est Federal agency in Washington, here on the floor to speak to the lot about border security. We hear a lot DC—$35 billion. amendment we will be voting on as it about that here. We certainly under- But the key number we should re- relates to Senator REED’s amendment. stand what is happening in cyber secu- member is 44. Forty-four percent of all

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3908 CONGRESSIONAL RECORD — SENATE June 9, 2015 the student loan defaults in America prices of these for-profit schools are in Senator MCCAIN worked on, we have are students at for-profit colleges and deep trouble across the board. People had virtually no significant disagree- universities. are finally realizing there is too much ments except this one. What our Demo- How can that be—10 percent of the fraudulent activity going on at these cratic colleagues are insisting upon, students and 44 percent of the loan de- institutions. driven by the President and political faults. Who are the losers? It is not just the interests, is that defense gets no in- First, they overcharge their stu- students with debts from these worth- crease in funding unless nondefense dents; secondly, when the students get less schools but taxpayers. We are the gets an increase in funding over the deeply in debt, many of them drop out; ones who send these billions of dollars budget cap established by the Budget and, third, those who end up grad- to these so-called private companies Control Act. uating find out many times the di- that have their CEOs take home mil- In 2011, we passed the Budget Control ploma is worthless. That is what has lions of dollars while the kids are get- Act. A part of that was the sequester, happened. ting little or no education. They are and it was not something that was Back in December of 2013, I wrote to the losers. never intended to occur, as some of my the Department of Education asking What should we do about it? I think colleagues have claimed. It was in the them to investigate Corinthian Col- we ought to be a lot tougher when it law. They always say: Well, we never leges. There was an article in the Huff- comes to the for-profit colleges and intended this to occur. Not so—we ington Post that drew my attention to universities—holding them account- passed it into law. It said there would it, as well as the actions by the Cali- able for what they are doing to these be a commission and the commission fornia attorney general, Kamala Har- young people and their families, hold- could look at entitlements and other ris. It turned out that Corinthian was ing them accountable for what they things with the hope that we would lying. It was lying to the students have done to taxpayers. come up with some way to save more about whether they would ever end up Do you know how much money we money and put us on a sound financial getting a job, and it was lying to the sent to Corinthian after it became path. Federal Government about their per- clear they were lying to us? It was $1 They said if they did not come up formance and how well they were billion dollars—$1 billion dollars, Mr. with that agreement, then what we put doing. They were caught in their lie. and Mrs. Taxpayer. There are schools in the law would take effect as limits As a consequence, the Department of like that, unfortunately, across this on defense and nondefense discre- Education started threatening Corin- country. tionary spending. thian Colleges for defrauding taxpayers The last point I will make on this is Under the Budget Control Act, next and the government in their official re- that, speaking to the Secretary of Edu- year will be the last year it holds those ports. Things went from bad to worse. cation and others, the real losers many limits. It will be basically flat spending Corinthian Colleges declared bank- times are also veterans—veterans. The again this year, but it will increase ruptcy. GI bill was offered to veterans after thereafter at 2.5 percent a year. We are What happens when one of these for- they served our country for a chance to not destroying nondefense discre- profit colleges and universities de- get an education, training, and to tionary spending. clares bankruptcy? Well, the students make a life. They used it, sadly, at Remember, this legislation was many times are left high and dry. They worthless for-profit colleges and uni- passed in 2011. That is the year Presi- have nothing, no school to go to. Oh, versities, and they have used up a once- dent Obama said: Iraq is settled; we are wait a minute. They don’t have ‘‘noth- in-a-lifetime chance to build a future. going to pull all the troops out. Sen- ing.’’ They have something. They have They are left high and dry, not with a ator MCCAIN pleaded with him not to debt—a debt that they carry away from student-loan debt but with an empty do that. He said we could have danger these failed schools. promise that this education is going to in the future. He warned that if we did Well, we have a provision in the law lead to something. that, chaos could occur. But no, the which says if your school goes bank- I am going to continue to work with President, to comply with his cam- rupt, you might be able to walk away my colleagues, including Senator paign promise, said we were pulling from your student debt. BLUMENTHAL of Connecticut, to change them all out. The Department of Education made that and to protect our veterans. But I Unfortunately, Senator MCCAIN was an announcement yesterday, which I am also going to continue to work on correct. We have ISIS. Iraq is in tur- support, that says that they are going these for-profit colleges and univer- moil. The Syrian turmoil has gotten to work with these students who have sities. America can do better. These worse. Since 2011, Russia invaded Cri- been defrauded by Corinthian Colleges schools with 10 percent of the students, mea. Yemen is in trouble. Iran is hard- and misled into believing this college 20 percent of the Federal aid to edu- ening its position with regard to nu- was worth their time and money. Some cation, and 44 percent of the student clear weapons. Libya is experiencing of these students will get a chance to loan defaults have to be held account- serious problems. be relieved from their college debt. able. All of this, I suggest, was the result It is a good thing because student I yield the floor. of an unwise, unclear, and weak foreign loan debt is not like a lot of other The PRESIDING OFFICER. The Sen- policy. Every one of those situations debts. It is not like the money you bor- ator from Alabama. could be better today had we had clear- rowed for a car. It is not like the Mr. SESSIONS. Mr. President, I ask er leadership and people that listened money you borrowed for a home. Stu- that I be notified after 7 minutes. to someone such as Chairman MCCAIN, dent loan debts are not discharged in The PRESIDING OFFICER. The Sen- who knew what he was talking about. bankruptcy. You have them for a life- ator will be so notified. But that is all water over the dam at time. If you make a bad decision when Mr. SESSIONS. Mr. President, I start this point. you are 19 years old and sign up for by saying Commander Pilcher is a fab- What do we do now? We have to have $18,000 a year at Corinthian Colleges or ulous naval officer. He is doing great more money for defense. I am a budget at ITT Tech, you have it until you pay work in our office as we deal with the hawk. I was ranking member on the it off. We find that many of these defense issues in this country, and he budget when we did the 2011 cap and schools garnish Social Security checks. has been of real assistance to us. I have limit on spending. I defended it consist- They will stay with you for a lifetime. to say that I am proud of him. He re- ently. But I have to tell you, col- So now the Department of Education is flects well on the Navy and the people leagues, both the President, our Demo- working on this, trying to do the right who defend this country every day. cratic Members, and Republican Mem- thing by these Corinthian students. AMENDMENT NO. 1521 bers believe we are going to have to in- I have been in touch with Arne Dun- Mr. President, what is happening now crease our defense budget. can, Secretary of Education, whom I is unfortunate. On the Defense bill that What is the problem? The problem is respect. I told him this is, unfortu- came out of the Armed Services Com- our colleagues are saying: Well, you nately, an early indication of an indus- mittee, of which I am a member, that cannot increase defense unless you in- try that is on hard times. The stock ranking member Senator REED and crease nondefense by the same amount.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3909 How silly is that? Imagine, you have a increased and increased dramatically. we are reinvesting it in military capa- tight budget at home, and a tree falls Today, the United States faces the bilities for our warfighters and reforms on your house. Emergency—you have most diverse and complex array of cri- that can yield long-term savings for to go out and find money, borrow ses around the world since the end of the Department of Defense. We did all money to fix the roof. Does that mean World War II. In the face of these glob- of this while upholding our commit- now that you are going to spend twice al challenges, this amendment would ments to our servicemembers, retirees, as much on your vacation? Are you prevent the Department from using $38 and their families. going to go out and buy a new car that billion of vital budget authority Members of the Armed Services Com- you did not plan to buy because you through overseas contingency oper- mittee understand the need to fix the had to spend more money to fix the ations, known as OCO. Budget Control Act. That is why we in- house? Despite the claims that OCO is a cluded a provision in the bill that How irresponsible is that? It is unbe- slush fund, the entirety of the OCO would authorize the transfer of the ad- lievable to me. This is exactly what budget goes towards real defense re- ditional $38 billion from OCO to the has occurred. They are demanding that quirements. With this budget author- base budget in the event that legisla- we will not get a defense budget until ity, we are supporting our troops in Af- tion is enacted that increases the budg- we give more money for the nondefense ghanistan and Iraq, operations against et caps on discretionary defense and account and spend above what we ISIL, and broader counterterrorism ef- nondefense spending in proportionately agreed to spend in the Budget Control forts. The Armed Services Committee equal amounts. This was the product of Act. Remember, it will soon begin to has also funded a portion of operation a bipartisan compromise, and it was grow at 2.5 percent a year. We have and maintenance activities in OCO. the most we could responsibly do in the saved money through the Budget Con- These activities are directly tied to committee to recognize the need for a trol Act. It was a successful thing. We supporting our operating forces. They broader fiscal agreement without deny- do not need to destroy it and give it up. pay for training, transportation, fuel, ing funding for our military. I want to say that I wish we had not and maintenance of our combat equip- Every one of us has a constitutional had these dangerous conditions erupt ment. These budgetary lines pay for duty to provide for the common de- throughout much of the world. I wish it the readiness of our Active Forces and fense, and as chairman of the Armed had not happened. Senator MCCAIN directly support our ongoing military Services Committee, that is my high- warned that the foreign policy we were operations. est responsibility. Funding our na- executing was going to result in just It would be a disaster if this $38 bil- tional defense with OCO is not ideal, this kind of problem. But it has re- lion is removed from what we are try- but it is far better than the alter- sulted, and we are going to have to de- ing to achieve in this legislation. That native, which is to deny the men and fend our country. These are overseas is why it is not surprising the Presi- women in uniform the $38 billion they contingency operations that we will be dent himself has requested OCO fund- desperately need now. The President funding. If we do this, it does not mean ing for the exact same activities. The requested $38 billion, and our military we have to increase equally nondefense NDAA funded $38 billion of operation leaders have said they cannot succeed spending. and maintenance with OCO money be- without that $38 billion. Let me just repeat the bad news I cause the President had requested OCO Regrettably, that is what this think most of us know. Every penny funding for these activities already. amendment would do, and I oppose it. increased on the defense budget is bor- They were the most closely linked to I yield the floor. rowed money. If we increase non- The PRESIDING OFFICER. The Sen- the government’s growing number of defense spending, that is going to be ator from Rhode Island. overseas contingencies in which we are borrowed, too. We do not need to bor- Mr. REED. Mr. President, first, let engaged. me say with great respect how I appre- row more money than necessary. Just To reiterate, I agree with Senator because we have to spend more on de- ciate the collaboration and cooperation REED that we must absolutely fix the fense does not mean we have to spend of the chairman on so much of the bill Budget Control Act. Finding a bipar- more on nondefense. where we worked together, but this is That is all I am saying. I think it is tisan solution to do so remains my top an issue that I feel very strongly a mistake for our colleagues on the priority. But in absence of such an about. Democratic side to try to use the secu- agreement, I refuse to hold funding for Let me be very clear about what this rity of America as a leverage to de- the military hostage, leaving defense amendment does. First, it recognizes mand more nondefense spending. at sequestration levels of spending that the need—as the President did in his I yield the floor. every single military service chief has budget submission—for adequate re- The PRESIDING OFFICER. The Sen- testified would put more American sources for our Department of Defense. ator from Arizona. lives at risk of those serving in the But what it does is it says that the ad- Mr. MCCAIN. Mr. President, I thank Armed Forces of the United States. We ditional money above the President’s my friend and colleague from Alabama cannot do that. We cannot add greater request for OCO—the $38 billion which for his very important remarks. danger to the lives of the men and was taken from the base and put into I rise to oppose this amendment. I do women who are serving in the military. this overseas account—would be essen- so with the great respect that I have This amendment would do that. tially fenced or set aside until we re- for my friend and colleague, the rank- The NDAA is a policy bill. It cannot solve the Budget Control Act, and I ing member. The Senator from Rhode solve the Budget Control Act. It deals think we have to begin that process Island and I have worked together very only with defense issues. It does not immediately. closely on every aspect of this legisla- spend a dollar. It provides the Depart- Senator MCCAIN has said quite sin- tion. We agree on the overwhelming ment of Defense and our men and cerely and quite persistently that we majority of its provisions. As I have women in uniform with the authorities have to fix sequestration. Every uni- said before, this legislation is better and support they need to defend the formed service chief who came before because of the good work and coopera- Nation. our committee said we have to fix setion that I have enjoyed with my friend The NDAA is a reform bill—a reform questration and the budget control from Rhode Island. I respect his knowl- bill, my friends—that will enable our caps. The reality is that this legisla- edge of and experience on national de- military to rise to the challenge of a tion does not do that. Indeed, my fense issues, and I agree that we must more dangerous world. It tackles ac- amendment does not do it, but it fix sequestration. I also agree with him quisition reform, military retirement points us in that direction and gives us that our national security does not de- reform, personnel reform, even com- a strong incentive to fix the BCA and pend solely on the Department of De- missary reform, and headquarters and to do what all of our defense leaders fense. But unfortunately, I disagree management reform. The list goes on have asked us to do for the welfare and with my friend on the amendment be- and on. The Armed Services Com- safekeeping of our troops and forces in fore us. mittee identified $10 billion of excess the field. Since the Budget Control Act became and unnecessary spending from the The President recognizes this need. law, threats to this country have only President’s defense budget request, and His budget is virtually identical to the

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3910 CONGRESSIONAL RECORD — SENATE June 9, 2015 top-line number we are talking about away the resources. It simply says that Shelby Thune Toomey today. But what he also recognized is these resources will be there once we Sullivan Tillis Wicker that we had to put this money into the fix the Budget Control Act, and that is NOT VOTING—3 base budget of the Department of De- what I hear everyone in this Chamber— Cruz Rubio Vitter fense, not into the OCO account. practically everyone—saying every The amendment (No. 1521) was re- OCO was created because of our con- day: We will fix it. We will fix it. When jected. tingency operations overseas in Af- we do, this money will already be au- The PRESIDING OFFICER. The Sen- ghanistan and Iraq. It was created to thorized. ator from Arizona. fund those unpredictable year-by-year I am convinced that unless we stand Mr. MCCAIN. Mr. President, I ask needs that arise when you have forces up right now and say—hopefully with unanimous consent that the pending in conflict and in combat. It was not one voice—in a formal way that we amendment be temporarily set aside so designed to be a fund that would take have to get on the task of fixing the that Senator FEINSTEIN may offer care of long-term, routine demands of Budget Control Act, days will pass, amendment No. 1889 and that amend- the Department of Defense. weeks will pass, and months will pass ment No. 1889 be set aside so that Sen- Interestingly enough, in 2008 we had to the detriment of our country, to the ator FISCHER may offer amendment No. 187,000 troops deployed in Afghanistan detriment of our military forces, and 1825. and Iraq. If we look at the OCO number ultimately we will find ourselves, both The PRESIDING OFFICER. Is there for that year, we were spending ap- in terms of national security and a objection? proximately $1 million per troop—all whole range of programs, in a very bad Without objection, it is so ordered. the costs, such as the fuel, the ammu- position. The Senator from California. nition, and their own safekeeping. I ask that all of my colleagues con- AMENDMENT NO. 1889 TO AMENDMENT NO. 1463 Today, we have 9,930 troops deployed in sider this amendment and give it sup- Mrs. FEINSTEIN. Mr. President, I these combat zones. Yet, if we look at port. call up the McCain-Feinstein-Reed-Col- the same ratio we are asking for in this With that, I yield the floor. lins amendment No. 1889. bill, it is about $9 million per indi- Mr. President, I believe the vote on The PRESIDING OFFICER. The vidual soldier, sailor, marine, and air- my amendment is in order at this time, clerk will report. The legislative clerk read as follows: man. That shows us that this fund has and I ask for the yeas and nays. The Senator from California [Mrs. FEIN- gone way beyond its intent. It has be- The PRESIDING OFFICER (Mr. come an escape valve from the Budget STEIN], for Mr. MCCAIN, proposes an amend- LANKFORD). Is there a sufficient sec- ment numbered 1889 to amendment No. 1463. Control Act just for the Department of ond? Defense. Mrs. FEINSTEIN. Mr. President, I There appears to be a sufficient sec- ask unanimous consent that the read- It is important to emphasize that our ond. defense is not just the Department of ing of the amendment be dispensed Under the previous order, the ques- Defense. Our national security rests on with. tion occurs on agreeing to amendment a strong Homeland Security Depart- The PRESIDING OFFICER. Without No. 1521, offered by the Senator from ment that protects our borders. It rests objection, it is so ordered. Rhode Island, Mr. REED. on our Border Patrol, which is part of The amendment is as follows: The clerk will call the roll. Homeland Security. It rests on the (Purpose: To reaffirm the prohibition on The legislative clerk called the roll. Coast Guard, which patrols our waters, torture) the Justice Department, and the FBI. Mr. CORNYN. The following Senators At the end of subtitle D of title X, add the We had an incident just a few days are necessarily absent: the Senator following: ago in Massachusetts where an FBI from Texas (Mr. CRUZ), the Senator SEC. 1040. REAFFIRMATION OF THE PROHIBITION from Florida (Mr. RUBIO), and the Sen- ON TORTURE. agent and a Massachusetts police offi- (a) LIMITATION ON INTERROGATION TECH- ator from Louisiana (Mr. VITTER). cer confronted an alleged terrorist. It NIQUES TO THOSE IN THE ARMY FIELD MAN- wasn’t military forces, it was the local The PRESIDING OFFICER. Are there UAL.— police force and FBI agents who were any other Senators in the Chamber de- (1) ARMY FIELD MANUAL 2–22.3 DEFINED.—In protecting our neighborhoods and com- siring to vote? this subsection, the term ‘‘Army Field Man- munities. Those functions will not be The result was announced—yeas 46, ual 2–22.3’’ means the Army Field Manual 2– adequately funded if we get on this nays 51, as follows: 22.3 entitled ‘‘Human Intelligence Collector Operations’’ in effect on the date of the en- [Rollcall Vote No. 205 Leg.] path for OCO. In fact, that is my great- actment of this Act or any similar successor est concern. If this were a 1-year, tem- YEAS—46 Army Field Manual. porary fix, we might be able to justify Baldwin Heinrich Peters (2) RESTRICTION.— it, but what we are seeing is a pathway Bennet Heitkamp Reed (A) IN GENERAL.—An individual described that will have us taking more from Blumenthal Hirono Reid in subparagraph (B) shall not be subjected to Booker Kaine Sanders any interrogation technique or approach, or OCO every year, and there will be more Boxer King Schatz any treatment related to interrogation, that interesting and more remote uses of Brown Klobuchar Schumer is not authorized by and listed in the Army OCO funds. Unfortunately, that is the Cantwell Leahy Shaheen Field Manual 2–22.3. Cardin Manchin Stabenow way it tends to be around here. You go Carper Markey Tester (B) INDIVIDUAL DESCRIBED.—An individual where the money is, and right now the Casey McCaskill Udall described in this subparagraph is an indi- Coons Menendez money is in OCO. Warner vidual who is— I think we should step back and do Donnelly Merkley (i) in the custody or under the effective Durbin Mikulski Warren what the chairman said. We have to fix Feinstein Murphy Whitehouse control of an officer, employee, or other it. And he is committed to fixing it, Franken Murray Wyden agent of the United States Government; or but we have to begin now. We have to Gillibrand Nelson (ii) detained within a facility owned, oper- make the case now. We can’t simply sit ated, or controlled by a department or agen- NAYS—51 cy of the United States, in any armed con- back and say we will take it up later. Alexander Enzi McCain flict. And that is at the heart of this. Ayotte Ernst McConnell (3) IMPLEMENTATION.—Interrogation tech- The other issue here is very clear: Barrasso Fischer Moran niques, approaches, and treatments described OCO is not a perfect fix for the Depart- Blunt Flake Murkowski Boozman Gardner in Army Field Manual 2–22.3 shall be implement of Defense. As the Chief of Staff Paul mented strictly in accord with the prin- Burr Graham Perdue ciples, processes, conditions, and limitations of the Army said, it has limits, it has Capito Grassley Portman restrictions, and it is funded for 1 year, Cassidy Hatch Risch prescribed by Army Field Manual 2–22.3. Coats Heller Roberts (4) AGENCIES OTHER THAN THE DEPARTMENT but it is there, and they will take the Cochran Hoeven Rounds OF DEFENSE.—If a process required by Army money. We know that. But it is our Collins Inhofe Sasse Field Manual 2–22.3, such as a requirement of duty and responsibility to have a more Corker Isakson Scott approval by a specified Department of De- thoughtful, long-term approach, and in Cornyn Johnson Cotton Kirk Sessions fense official, is inapposite to a department doing so, I urge my colleagues to sup- Crapo Lankford or an agency other than the Department of port this amendment. It does not take Daines Lee Defense, the head of such department or

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3911 agency shall ensure that a process that is (B) to limit or otherwise affect any other sentially: Trust us. We have got it this substantially equivalent to the process pre- individual rights or state obligations which time. scribed by Army Field Manual 2–22.3 for the may arise under United States law or inter- They spin the data, hoping nobody Department of Defense is utilized by all offi- national agreements to which the United will dig below the surface of their top cers, employees, or other agents of such de- States is a party, including the Geneva Con- partment or agency. ventions, or to state all of the situations lines, because when you do, you will (5) INTERROGATION BY FEDERAL LAW EN- under which notification to and access for find the assault rate is exactly where it FORCEMENT.—Nothing in this subsection the International Committee of the Red was in 2010. shall preclude an officer, employee, or other Cross is required or allowed. We see an average of 52 new cases agent of the Federal Bureau of Investigation The PRESIDING OFFICER. The Sen- every day. Three out of four service- or other Federal law enforcement agency ator from Nebraska. members who are survivors still don’t from continuing to use authorized, non-coer- think it is worth the risk of coming cive techniques of interrogation that are de- AMENDMENT NO. 1825 TO AMENDMENT NO. 1463 (Purpose: To authorize appropriations for na- forward to report these crimes com- signed to elicit voluntary statements and do mitted against them. One in seven vic- not involve the use of force, threats, or tional security aspects of the Merchant promises. Marine for fiscal years 2016 and 2017, and tims was actually assaulted by some- (6) UPDATE OF THE ARMY FIELD MANUAL.— for other purposes) one in their chain of command. In 60 (A) REQUIREMENT TO UPDATE.— Mrs. FISCHER. Mr. President, I call percent of cases, the survivor says a (i) IN GENERAL.—Not later than one year up amendment No. 1825. unit leader or supervisor is responsible after the date of the enactment of this Act, The PRESIDING OFFICER. The for sexual harassment or gender dis- and once every three years thereafter, the clerk will report. crimination. So it is no surprise that Secretary of Defense, in coordination with The legislative clerk read as follows: one in three survivors believes report- the Attorney General, the Director of the ing would hurt their career. Federal Bureau of Investigation, and the Di- The Senator from Nebraska [Mrs. FISCHER] rector of National Intelligence, shall com- proposes an amendment numbered 1825 to For those who do report, they are plete a thorough review of Army Field Man- amendment No. 1463. more likely than not to experience re- ual 2–22.3, and revise Army Field Manual 2– Mrs. FISCHER. Mr. President, I ask taliation. Despite the much touted re- 22.3, as necessary to ensure that Army Field unanimous consent that the reading of form that made retaliation a crime, Manual 2–22.3 complies with the legal obliga- the amendment be dispensed with. the DOD has made zero progress on im- tions of the United States and reflects cur- The PRESIDING OFFICER. Without proving the 62-percent retaliation rate rent, evidence-based, best practices for inter- objection, it is so ordered. we had in 2012. So in 2012, 62 percent of rogation that are designed to elicit reliable (The amendment is printed in the those who reported a crime against and voluntary statements and do not involve the use or threat of force. RECORD of June 8, 2015, under ‘‘Text of them were retaliated against for doing (ii) AVAILABILITY TO THE PUBLIC.—Army Amendments.’’) so. In 2014, again, 62 percent were re- Field Manual 2–22.3 shall remain available to Mrs. FISCHER. Mr. President, I rise taliated against. the public and any revisions to the Army to speak about Senate amendment No. Human Rights Watch looked into Field Manual 2–22.3 adopted by the Secretary 1825, the Maritime Administration En- these figures and into the stories, and of Defense shall be made available to the hancement Act, which would reauthor- they found the DOD could not provide public 30 days prior to the date the revisions ize the Maritime Administration, or a single example from the last year take effect. MARAD, for fiscal years 2016 and 2017. where disciplinary action was actually (B) REPORT ON BEST PRACTICES OF INTERRO- MARAD will be and traditionally has taken against someone for retaliation. GATIONS.— (i) REQUIREMENT FOR REPORT.—Not later been added to the National Defense Au- A sexual assault survivor is 12 times than 120 days after the date of the enactment thorization Act on the Senate floor. more likely to suffer retaliation than of this Act, the interagency body established MARAD strengthens our national se- see their offender get convicted of sex- pursuant to Executive Order 13491 (com- curity through its numerous programs ual assault. monly known as the High-Value Detainee In- to maintain a U.S. Merchant Marine In my close review of 107 cases from terrogation Group) shall submit to the Sec- fleet. Under the bipartisan amendment, 2013 from our four largest military retary of Defense, the Director of National MARAD will be authorized at $380 mil- bases—one for each service—I found Intelligence, the Attorney General, and that nearly half of those who did move other appropriate officials a report on cur- lion, which is similar to the levels au- rent, evidence-based, best practices for inter- thorized in the House NDAA. This bi- forward to report in an unrestricted re- rogation that are designed to elicit reliable partisan agreement will authorize port, half of them withdrew from their and voluntary statements and do not involve MARAD spending above current au- case during the first year. the use of force. thorized levels, as requested by the So we can talk all we want about re- (ii) RECOMMENDATIONS.—The report re- White House, while providing support porting, reporting, but if half of those quired by clause (i) may include rec- to MARAD’s economic and national de- who report withdraw during the year of ommendations for revisions to Army Field fense programs. their prosecution, it shows there is no Manual 2–22.3 based on the body of research I yield the floor. faith in the system. Survivors do not commissioned by the High-Value Detainee Interrogation Group. I suggest the absence of a quorum. have faith in the current system. (iii) AVAILABILITY TO THE PUBLIC.—Not The PRESIDING OFFICER. The Under any metric, the system remains later than 30 days after the report required clerk will call the roll. plagued with distrust and does not pro- by clause (i) is submitted such report shall The legislative clerk proceeded to vide fair and just process that sur- be made available to the public. call the roll. vivors deserve. (b) INTERNATIONAL COMMITTEE OF THE RED Mrs. GILLIBRAND. Mr. President, I Simply put, the military has not held CROSS ACCESS TO DETAINEES.— ask unanimous consent that the order up to the standard posed by General (1) REQUIREMENT.—The head of any depart- for the quorum call be rescinded. Dempsey 1 year ago when he said the ment or agency of the United States Govern- The PRESIDING OFFICER. Without Pentagon was on the clock. ment shall provide the International Com- objection, it is so ordered. I urge my colleagues to hold the mittee of the Red Cross with notification of, Mrs. GILLIBRAND. Mr. President, I military to this higher standard. Let and prompt access to, any individual de- want to speak on my amendment but tained in any armed conflict in the custody us put these decisions into the hands of or under the effective control of an officer, not call it up at this moment. It is trained military prosecutors. Enough employee, contractor, subcontractor, or amendment No. 1578. The purpose of is enough with the spin, with the ex- other agent of the United States Govern- the amendment is to create an unbi- cuses, and with false promises. We have ment or detained within a facility owned, op- ased military justice system. I believe to do the right thing and we have to erated, or effectively controlled by a depart- the Senate needs to vote on this act. ment, agency, contractor, or subcontractor amendment. Mr. President, I yield the floor. of the United States Government, consistent Over the last few years, Congress has The PRESIDING OFFICER. The Sen- with Department of Defense regulations and forced the military to make incre- ator from New Hampshire. policies. (2) CONSTRUCTION.—Nothing in this sub- mental changes to address the crisis of Ms. AYOTTE. Mr. President, I rise to section shall be construed— sexual assault. After two decades of speak about an amendment—amend- (A) to create or otherwise imply the au- complete failure and lip service to zero ment No. 1628—to the Defense Author- thority to detain; or tolerance, the military now says, es- ization Act. This is an amendment I

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3912 CONGRESSIONAL RECORD — SENATE June 9, 2015 have submitted with Senator PETERS, and we have seen a dramatic increase hope my colleagues, when it is offered and it has strong bipartisan support. in the number of people dying in my for a vote on the Senate floor, will sup- This is about the threat of tunnels— State. According to a recent DEA report this amendment so that we can tunnels used by terrorists. We saw port and drug control experts, heroin is work with the Israeli Government, those tunnels being used in the 2014 most commonly being brought into the that we can share our understanding of conflict that Israel had with Hamas. United States via the southwest bor- how to stop these terror tunnels and we Israel found more than 30 terror tun- der. can deploy that same technology on nels that had been dug by terrorists to In many places on our border with our southern borders to keep our coun- infiltrate and attack Israel. Mexico, we have fences. Unfortunately, try safe. The Israeli military said these tun- these criminals and their syndicates— Mr. President, I yield the floor. nels were intended to carry out at- by the way, we have heard from the I suggest the absence of a quorum. tacks, such as abductions of Israeli commander of Southern Command, and The PRESIDING OFFICER. The citizens and soldiers, infiltrations into he believes these networks could be clerk will call the roll. Israeli communities, mass murders and used by terrorists if they wanted to in- The senior assistant legislative clerk hostage-taking scenarios. filtrate our country. Unfortunately, proceeded to call the roll. In one disturbing attack in July of they are being dug on our southern bor- Mr. MCCAIN. Mr. President, I ask 2014, Hamas terrorists used one of these der. unanimous consent that the order for terror tunnels to sneak into Israel and This is a picture of a tunnel built on the quorum call be rescinded. then attack and kill five Israeli sol- our southern border that is used to The PRESIDING OFFICER. Without diers. smuggle drugs, smuggle people—smug- objection, it is so ordered. This is a picture of one of these ter- gle anything criminals and other bad AMENDMENTS NOS. 1485, 1510, 1520, 1538, 1579, 1622, ror tunnels. You can imagine, if terror- people want to move into our country. 1791, 1677, 1701, 1733, 1739, 1744, 1781, AND 1796 TO ists can use a tunnel to come into your In a 2-day period alone in April, two AMENDMENT NO. 1463 country, the feeling of fear that can tunnels were discovered beneath the Mr. MCCAIN. Mr. President, the create in the civilian population. California-Mexico border. Again, these ranking member and I have a small Unfortunately, terror tunnels are not tunnels are often used to smuggle al- package of amendments that have been a new problem. In 2006, terrorists used most anything you can think of into cleared by both sides. tunnels to capture Israeli soldier Gilad this country, drugs being the most I ask unanimous consent that the fol- Shalit. They used tunnels to take Gilad prominent thing smuggled in. Accord- lowing amendments be called up and back to Gaza and held him captive for ing to public reports, dozens of smug- agreed to en bloc: No. 1485, Hoeven; No. 5 years. Two other soldiers were killed gling tunnels have been discovered on 1510, Heller; No. 1520, Rounds; No. 1538, in this same attack where these terror our southern borders since 2006. Wicker; No. 1579, Ernst; No. 1622, tunnels were used. The amendment I have submitted to Moran; No. 1791, Rubio; No. 1677, Udall; Again, this issue of terror tunnels is the Defense authorization, along with No. 1701, Wyden; No. 1733, Stabenow; No. 1739, McCaskill; No. 1744, Feinstein; not unique to the conflict the Israeli my colleague, Senator PETERS from people have been subjected to. In fact, Michigan, is an amendment that builds No. 1781, Heitkamp; and No. 1796, one of Israel’s primary objectives in on a provision already in the Defense Cardin. Operation Protective Edge last year authorization that I had included in The PRESIDING OFFICER. Is there was to destroy these terror tunnels section 1272. Our amendment promotes objection? Without objection, it is so ordered. that posed unacceptable risk to the and authorizes greater cooperation be- The amendments are called up and Israelis and to their national security. tween Israel and the United States to agreed to en bloc. That is why Israel has devoted so much counter terror tunnels in Israel. The amendments (Nos. 1485, 1510, attention to this problem and how to If we work with close allies such as 1520, 1538, 1579, 1622, 1791, 1677, 1701, 1733, destroy these terror tunnels. Israel to develop better capabilities to 1739, 1744, 1781, and 1796) agreed to en But not only are terror tunnels a detect, map, and neutralize tunnels, bloc are as follows: leading security concern for the Gov- not only can we help defend Israel and AMENDMENT NO. 1485 ernment of Israel, tunnels are being Israel defend itself against terrorist used by terrorists in Syria and in Iraq. groups such as Hamas and Hezbollah, (Purpose: To express the sense of the Senate According to a public report yesterday, on the nuclear force improvement program but we can also use the capabilities we of the Air Force) ISIS used several dozen tunnel bombs develop together to better protect our At the appropriate place, insert the fol- in Syria and used tunnels to help take own border, our own U.S. Embassies, lowing: the Iraqi city of Ramadi. On March 11, and our forward-deployed U.S. troops. SEC. 1637. SENSE OF SENATE ON THE NUCLEAR ISIS reportedly detonated a tunnel My amendment specifically high- FORCE IMPROVEMENT PROGRAM OF bomb under an Iraqi Army head- lights the tunnel threat on our south- THE AIR FORCE. quarters, killing an estimated 22 peo- ern border. It calls on the administra- (a) FINDINGS.—The Senates makes the fol- ple. On March 15, a second tunnel bomb tion to use the anti-tunneling capabili- lowing findings: was reportedly used to attack Iraqi se- ties developed to help Israel to better (1) On February 6, 2014, Air Force Global Strike Command (AFGSC) initiated a force curity forces. protect the United States, our people, improvement program for the Interconti- Terror tunnels can also be used to our interests, and our border. In short, nental Ballistic Missile (ICBM) force de- threaten U.S. Embassies and forward- this amendment will help Israel, our signed to improve mission effectiveness, deployed U.S. military personnel. In closest and most reliable ally in the strengthen culture and morale, and identify addition, drug trafficking organiza- Middle East. It will help us defeat the areas in need of investment by soliciting tions and international criminal orga- use of terror tunnels. It will better input from airmen performing ICBM oper- nizations continue to construct tunnels equip officials on our southern border ations. on our southern border in order to ille- to find and shut down tunnels that are (2) The ICBM force improvement program generated more than 300 recommendations to gally move people, drugs, and anything being used to smuggle drugs and that strengthen ICBM operations and served as a else they think will advantage them can be used to smuggle other dan- model for subsequent force improvement into the United States. Drug cartels gerous items into the United States of programs in other mission areas, such as are exploiting vulnerabilities on our America by these criminal syndicates. bomber operations and sustainment. border. While this undoubtedly affects Again, the commander of our South- (3) On May 28, 2014, as part of the nuclear border communities and border States, ern Command said he believes this net- force improvement program, the Air Force it has consequences far beyond the bor- work can also be used by terrorists. announced it would make immediate im- der States. Not surprisingly, this effort and this provements in the nuclear mission of the Air In my home State of New Hampshire, amendment have received strong bipar- Force, including enhancing career opportunities for airmen in the nuclear career field, heroin is killing people. It is a public tisan support. I thank all of my col- ensuring training activities focused on per- health epidemic. I have spoken to law leagues on both sides of the aisle who forming the mission in the field, reforming enforcement, first responders, fire- have sponsored this amendment. This the personnel reliability program, estab- fighters, and public safety officials, is a commonsense amendment, and I lishing special pay rates for positions in the

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nuclear career field, and creating a new serv- AMENDMENT NO. 1510 cept a gift of money from the Foundation ice medal for nuclear deterrence operations. (Purpose: To require a report on the inter- under section 51315 of title 46, United States (4) Chief of Staff of the Air Force Mark operability between electronic health Code, for the purpose of renovating Melville Welsh has said that, as part of the nuclear records systems of the Department of De- Hall on the campus of the United States force improvement program, the Air Force fense and the Department of Veterans Af- Merchant Marine Academy. will increase nuclear-manning levels and fairs) (b) COVERED GIFTS.—A gift described in strengthen professional development for the At the end of subtitle C of title VII, add this subsection is a gift under subsection (a) members of the Air Force supporting the nu- the following: that the Maritime Administrator determines clear mission of the Air Force in order ‘‘to exceeds the sum of— SEC. 738. REPORT ON INTEROPERABILITY BE- (1) the minimum amount that is sufficient address shortfalls and offer our airmen more TWEEN ELECTRONIC HEALTH stable work schedule and better quality of RECORDS SYSTEMS OF DEPART- to ensure the renovation of Melville Hall in life’’. MENT OF DEFENSE AND DEPART- accordance with the capital improvement (5) Secretary of the Air Force Deborah Lee MENT OF VETERANS AFFAIRS. plan of the United States Merchant Marine James, in recognition of the importance of Not later than one year after the date of Academy that was in effect on the date of enactment of this Act; and the nuclear mission of the Air Force, pro- the enactment of this Act, the Secretary of (2) 25 percent of the amount described in posed elevating the grade of the commander Defense and the Secretary of Veterans Af- fairs shall jointly submit to Congress a re- paragraph (1). of the Air Force Global Strike Command port that sets forth a timeline with mile- (c) OPERATION CONTRACTS.—Subject to sub- from lieutenant general to general, and on stones for achieving interoperability be- section (d), in the case that the Maritime March 30, 2015, the Senate confirmed a gen- tween the electronic health records systems Administrator accepts a gift of money de- eral as commander of that command. of the Department of Defense and the De- scribed in subsection (b), the Maritime Ad- (6) The Air Force redirected more than partment of Veterans Affairs. ministrator may enter into a contract with $160,000,000 in fiscal year 2014 to alleviate ur- AMENDMENT NO. 1520 the Foundation for the operation of Melville gent, near-term shortfalls within the nuclear Hall to make available facilities for, among (Purpose: To require the Secretary of De- mission of the Air Force as part of the nu- other possible uses, official academy func- fense to develop a comprehensive plan to clear force improvement program. tions, third-party catering functions, and in- support civil authorities in response to (7) The Air Force plans to spend more than dustry events and conferences. cyber attacks by foreign powers) $200,000,000 on the nuclear force improvement (d) CONTRACT TERMS.—The contract de- program in fiscal year 2015, and requested At the appropriate place in subtitle B of scribed in subsection (c) shall be for such pe- more than $130,000,000 for the program for title XVI, insert the following: riod and on such terms as the Maritime Ad- fiscal year 2016. SEC. lll. COMPREHENSIVE PLAN OF DEPART- ministrator considers appropriate, including (8) Secretary of Defense Chuck Hagel said MENT OF DEFENSE TO SUPPORT a provision, mutually agreeable to the Mari- on November 14, 2014, that ‘‘[t]he nuclear CIVIL AUTHORITIES IN RESPONSE time Administrator and the Foundation, TO CYBER ATTACKS BY FOREIGN mission plays a critical role in ensuring the POWERS. that— (1) requires the Foundation— Nation’s safety. No other enterprise we have (a) PLAN REQUIRED.— (A) at the expense solely of the Foundation is more important’’. (1) IN GENERAL.—Not later than 180 days (9) Secretary Hagel also said that the budg- after the date of the enactment of this Act, through the term of the contract to main- et for the nuclear mission of the Air Force the Secretary of Defense shall develop a tain Melville Hall in a condition that is as should increase by 10 percent over a five-year comprehensive plan for the United States good as or better than the condition Melville period. Cyber Command to support civil authorities Hall was in on the later of— (10) Section 1652 of the Carl Levin and in responding to cyber attacks by foreign (i) the date that the renovation of Melville Howard P. ‘‘Buck’’ McKeon National Defense powers (as defined in section 101 of the For- Hall was completed; or Authorization Act for Fiscal Year 2015 (Pub- eign Intelligence Surveillance Act of 1978 (50 (ii) the date that the Foundation accepted lic Law 113–201; 128 Stat. 3654; 10 U.S.C. 491 U.S.C. 1801)) against the United States or a Melville Hall after it was tendered to the note) declares it the policy of the United United States person. Foundation by the Maritime Administrator; and States ‘‘to ensure that the members of the (2) ELEMENTS.—The plan required by para- (B) to deposit all proceeds from the oper- Armed Forces who operate the nuclear deter- graph (1) shall include the following: ation of Melville Hall, after expenses nec- rent of the United States have the training, (A) A plan for internal Department of De- essary for the operation and maintenance of resources, and national support required to fense collective training activities that are integrated with exercises conducted with Melville Hall, into the account of the Regi- execute the critical national security mis- mental Affairs Non-Appropriated Fund In- sion of the members’’. other agencies and State and local governments. strumentality or successor entity, to be used (b) SENSE OF SENATE.—It is the sense of the (B) Plans for coordination with the heads solely for the morale and welfare of the ca- Senate that— of other Federal agencies and State and local dets of the United States Merchant Marine (1) the nuclear mission of the Air Force governments pursuant to the exercises re- Academy; and should be a top priority for the Department quired under subparagraph (A). (2) prohibits the use of Melville Hall as of the Air Force and for Congress; (C) Note of any historical frameworks that lodging or an office by any person for more (2) the members of the Air Force who oper- are used, if any, in the formulation of the than 4 days in any calendar year other ate and maintain the Nation’s nuclear deter- plan required by paragraph (1), such as Oper- than— rent perform work that is vital to the secu- ation Noble Eagle. (A) by the United States; or rity of the United States; (D) Descriptions of the roles, responsibil- (B) for the administration and operation of Melville Hall. (3) the nuclear force improvement program ities, and expectations of Federal, State, and of the Air Force has made significant near- local authorities as the Secretary under- (e) DEFINITIONS.—In this section: (1) CONTRACT.—The term ‘‘contract’’ in- term improvements for the members of the stands them. cludes any modification, extension, or re- Air Force in the nuclear career field of the (E) Descriptions of the roles, responsibil- newal of the contract. Air Force; ities, and expectations of the active compo- (2) FOUNDATION.—In this section, the term (4) Congress should support long-term in- nents and reserve components of the Armed ‘‘Foundation’’ means the United States Mer- vestments in the Air Force nuclear enter- Forces. (F) A description of such legislative and chant Marine Academy Alumni Association prise that sustain the progress made under and Foundation, Inc. the nuclear force improvement program; administrative action as may be necessary (f) RULES OF CONSTRUCTION.—Nothing in (5) the Air Force should— to carry out the plan required by paragraph this section may be construed under section (A) regularly inform Congress on the (1). (b) COMPTROLLER GENERAL OF THE UNITED 3105 of title 41, United States Code, as requir- progress being made under the nuclear force ing the Maritime Administrator to award a improvement program and its efforts to STATES REVIEW OF PLAN.—The Comptroller General of the United States shall review the contract for the operation of Melville Hall to strengthen the nuclear enterprise; and the Foundation. (B) make Congress aware of any additional plan developed under subsection (a)(1). actions that should be taken to optimize per- AMENDMENT NO. 1538 AMENDMENT NO. 1579 formance of the nuclear mission of the Air (Purpose: To allow for improvements to the (Purpose: To express the sense of Congress Force and maximize the strength of the United States Merchant Marine Academy) that the Secretary of Defense should main- United States strategic deterrent; and At the end of subtitle G of title X, add the tain and enhance robust military intel- (6) future budgets for the Air Force should following: ligence support to force protection for installations, facilities, and personnel of the reflect the importance of the nuclear mis- SEC. 1085. MELVILLE HALL OF THE UNITED sion of the Air Force and the need to provide STATES MERCHANT MARINE ACAD- Department of Defense and the family members of the Air Force assigned to the nu- EMY. members of such personnel) clear mission the best possible support and (a) GIFT TO THE MERCHANT MARINE ACAD- At the end of subtitle E of title XVI, add quality of life. EMY.—The Maritime Administrator may ac- the following:

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SENSE OF CONGRESS ON MAINTAINING a Navy outlying landing field to replace Veterans Affairs under subsection (a) infor- AND ENHANCING MILITARY INTEL- Navy Outlying Landing Field Site 8. mation on any research and surveillance ef- LIGENCE SUPPORT TO FORCE PRO- (c) PAYMENT OF COSTS OF CONVEYANCE.— forts conducted by the Department of De- TECTION FOR INSTALLATIONS, FA- (1) PAYMENT REQUIRED.—The Secretary of fense to evaluate the incidence and preva- CILITIES, AND PERSONNEL OF THE DEPARTMENT OF DEFENSE. the Navy shall require the County to cover lence of respiratory illnesses among mem- costs to be incurred by the Secretary, or to (a) FINDINGS.—Congress makes the fol- bers of the Armed Forces who were exposed lowing findings: reimburse the Secretary for such costs in- to open burn pits while deployed overseas. (1) Maintaining appropriate force protec- curred by the Secretary, to carry out the AMENDMENT NO. 1701 land exchange under this section, including tion for deployed personnel of the Depart- (Purpose: To improve the provisions relating survey costs, costs for environmental document of Defense and their families is a pri- to adoption of retired military working dogs) ority for Congress. mentation, other administrative costs related to the land exchange, and all costs as- On page 117, insert between lines 12 and 13, (2) Installations, facilities, and personnel the following: of the Department in Europe face a rising sociated with relocation of activities and facilities from Navy Outlying Landing Field (b) LOCATION OF RETIREMENT.—Subsection threat from international terrorist groups (f) of such section is further amended— operating in Europe, from individuals in- Site 8 to the replacement location. If amounts are collected from the County in (1) by redesignating paragraphs (1) and (2) spired by such groups, and from those tra- as subparagraphs (A) and (B), respectively; versing through Europe to join or return advance of the Secretary incurring the actual costs, and the amount collected exceeds (2) by inserting ‘‘(1)’’ before ‘‘If the Sec- from fighting the terrorist organization retary’’; known as the ‘‘Islamic State of Iraq and the the costs actually incurred by the Secretary to carry out the land exchange, the Sec- (3) in paragraph (1), as designated by para- Levant’’ (ISIL) in Iraq and Syria. graph (2) of this subsection— (3) Robust military intelligence support to retary shall refund the excess amount to the County. (A) by striking ‘‘, and no suitable adoption force protection is necessary to detect and is available at the military facility where thwart potential terrorist plots that, if suc- (2) TREATMENT OF AMOUNTS RECEIVED.— Amounts received as reimbursement under the dog is location,’’; and cessful, would have strategic consequences (B) in subparagraph (B), as designated by for the United States and the allies of the paragraph (1) shall be credited to the fund or account that was used to cover those costs paragraph (1) of this subsection, by inserting United States in Europe. ‘‘within the United States’’ after ‘‘to another (4) Military intelligence support is also im- incurred by the Secretary in carrying out the land exchange. Amounts so credited shall location’’; and portant for detecting and addressing early (4) by adding at the end the following new indicators and warnings of aggression and be merged with amounts in such fund or account, and shall be available for the same paragraph (2): assertive military action by Russia, particu- ‘‘(2) Paragraph (1) shall not apply if a larly action by Russia to destabilize Europe purposes, and subject to the same conditions and limitations, as amounts in such fund or United States citizen living abroad adopts with hybrid or asymmetric warfare. the dog at the time of retirement.’’. (b) SENSE OF CONGRESS.—It is the sense of account. Congress that the Secretary of Defense (d) DESCRIPTION OF PROPERTY.—The exact AMENDMENT NO. 1733 should maintain and enhance robust mili- acreage and legal description of the property (Purpose: To require a report on plans for tary intelligence support to force protection to be exchanged under this section shall be the use and availability of airfields in the for installations, facilities, and personnel of determined by surveys satisfactory to the United States for homeland defense mis- the Department of Defense and the family Secretary of the Navy. sions) (e) CONVEYANCE AGREEMENT.—The ex- members of such personnel, in Europe and At the end of subtitle F of title X, add the change of real property under this section worldwide. following: shall be accomplished using a quit claim AMENDMENT NO. 1622 deed or other legal instrument and upon SEC. 1065. REPORT ON PLANS FOR THE USE OF (Purpose: To express the sense of Congress terms and conditions mutually satisfactory DOMESTIC AIRFIELDS FOR HOME- on reviewing and considering findings and LAND DEFENSE AND DISASTER RE- to the Secretary of the Navy and the County, SPONSE. recommendations of the Council of Gov- including such additional terms and condi- (a) REPORT REQUIRED.—Not later than 180 ernors regarding cyber capabilities of the tions as the Secretary considers appropriate days after the date of the enactment of this Armed Forces) to protect the interests of the United States. Act, the Secretary of Defense shall, in con- At the end of subtitle B of title XVI, add AMENDMENT NO. 1677 sultation with the Secretary of Homeland the following: (Purpose: To require the Secretary of De- Security and the Secretary of Transpor- SEC. 1628. SENSE OF CONGRESS ON REVIEWING fense to submit information to the Sec- tation, submit to the appropriate commit- AND CONSIDERING FINDINGS AND retary of Veterans Affairs relating to the tees of Congress a report setting forth an as- RECOMMENDATIONS OF COUNCIL exposure of members of the Armed Forces sessment of the plans for airfields in the OF GOVERNORS ON CYBER CAPA- BILITIES OF THE ARMED FORCES. to airborne hazards and open burn pits) United States that are required to support It is the sense of Congress that the Sec- At the end of subtitle C of title VII, add homeland defense and local disaster response retary of Defense should review and consider the following: missions. any findings and recommendations of the SEC. 738. SUBMITTAL OF INFORMATION TO SEC- (b) CONSIDERATIONS.—The report shall in- Council of Governors pertaining to cyber RETARY OF VETERANS AFFAIRS RE- clude the following items: mission force requirements and any proposed LATING TO EXPOSURE TO AIRBORNE (1) The criteria used to determine the capa- reductions in and synchronization of the HAZARDS AND OPEN BURN PITS. bilities and locations of airfields in the cyber capabilities of active or reserve com- (a) IN GENERAL.—Not later than 180 days United States needed to support safe oper- ponents of the Armed Forces. after the date of the enactment of this Act, ations of military aircraft in the execution and periodically thereafter, the Secretary of of homeland defense and local disaster re- AMENDMENT NO. 1791 Defense shall submit to the Secretary of Vet- sponse missions. (Purpose: To authorize a land exchange at erans Affairs such information in the posses- (2) A description of the processes and pro- Navy Outlying Field, Naval Air Station, sion of the Secretary of Defense as the Sec- cedures in place to ensure that contingency Whiting Field, Florida) retary of Veterans Affairs considers nec- plans for the use of airfields in the United At the end of subtitle C of title XXVIII, essary to supplement and support— States that support both military and civil- add the following: (1) the development of information to be ian air operations are coordinated among the SEC. 2822. LAND EXCHANGE, NAVY OUTLYING included in the Airborne Hazards and Open Department of Defense and other Federal LANDING FIELD, NAVAL AIR STA- Burn Pit Registry established by the Depart- agencies with jurisdiction over those air- TION, WHITING FIELD, FLORIDA. ment of Veterans Affairs under section 201 of fields. (a) LAND EXCHANGE AUTHORIZED.—The Sec- the Dignified Burial and Other Veterans’ (3) An assessment of the impact, if any, to retary of the Navy may convey to Escambia Benefits Improvement Act of 2012 (Public logistics and resource planning as a result of County, Florida (in this section referred to Law 112–260; 38 U.S.C. 527 note); and the reduction of certain capabilities of air- as the ‘‘County’’), all right, title, and inter- (2) research and development activities fields in the United States that support both est of the United States in and to a parcel of conducted by the Department of Veterans military and civilian air operations. real property, including any improvements Affairs to explore the potential health risks (4) A review of the existing agreements and thereon, containing Navy Outlying Landing of exposure by members of the Armed Forces authorities between the Commander of the Field Site 8 in Escambia County associated to environmental factors in Iraq and Afghan- United States Northern Command and the with Naval Air Station, Whiting Field, Mil- istan, in particular the connection of such Administrator of the Federal Aviation Ad- ton, Florida. exposure to respiratory illnesses such as ministration that allow for consultation on (b) LAND TO BE ACQUIRED.—In exchange for chronic cough, chronic obstructive pul- decisions that impact the capabilities of air- the property described in subsection (a), the monary disease, constrictive bronchiolitis, fields in the United States that support both County shall convey to the Secretary of the and pulmonary fibrosis. military and civilian air operations. Navy land and improvements thereon in (b) INCLUSION OF CERTAIN INFORMATION.— (c) FORM.—The report under subsection (a) Santa Rosa County, Florida, that is accept- The Secretary of Defense shall include in the shall be submitted in unclassified form, but able to the Secretary and suitable for use as information submitted to the Secretary of may include a classified annex.

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(d) DEFINITIONS.—In this section: AMENDMENT NO. 1744 On page 528, line 23, insert after ‘‘ture,’’ the (1) APPROPRIATE COMMITTEES OF CON- (Purpose: To authorize the Secretary of Vet- following: ‘‘communications and domain GRESS.—The term ‘‘appropriate committees erans Affairs to carry out certain major awareness,’’. of Congress’’ means— medical facility projects for which appro- On page 529, line 5, insert before the period (A) the Committee on Armed Services, the priations were made for fiscal year 2015) at the end the following: ‘‘, including by exploring opportunities for sharing installa- Committee on Homeland Security and Gov- At the end of subtitle G of title X, add the tions and maintenance facilities’’. ernment Affairs, and the Committee on Com- following: merce, Science, and Transportation of the AMENDMENT NO. 1796 SEC. 1085. AUTHORIZATION OF CERTAIN MAJOR Senate; and MEDICAL FACILITY PROJECTS OF (Purpose: To express the sense of the Senate (B) the Committee on Armed Services, the THE DEPARTMENT OF VETERANS on finding efficiencies within the working Committee on Homeland Security, and the AFFAIRS FOR WHICH AMOUNTS capital fund activities of the Department Committee on Transportation and Infra- HAVE BEEN APPROPRIATED. of Defense) structure of the House of Representatives. (a) FINDINGS.—Congress finds the fol- At the end of subtitle A of title X, add the (2) CAPABILITIES OF AIRFIELDS.—The term lowing: following: ‘‘capabilities of airfields’’ means the length (1) The Consolidated and Further Con- SEC. 1005. SENSE OF SENATE ON FINDING EFFI- and width of runways, taxiways, and aprons, tinuing Appropriations Act, 2015 (Public Law CIENCIES WITHIN THE WORKING the operation of navigation aids and light- 113–235) appropriated to the Department of CAPITAL FUND ACTIVITIES OF THE ing, the operation of fuel storage, distribu- Veterans Affairs— DEPARTMENT OF DEFENSE. tion, and refueling systems, and the avail- (A) $35,000,000 to make seismic corrections It is the sense of the Senate that the Sec- ability of air traffic control services. to Building 205 in the West Los Angeles Med- retary of Defense should, through the mili- (3) AIRFIELDS IN THE UNITED STATES THAT ical Center of the Department in Los Ange- tary departments, continue to find effi- SUPPORT BOTH MILITARY AND CIVILIAN AIR OP- les, California, which, according to the De- ciencies within the working capital fund ac- ERATIONS.—The term ‘‘airfields in the United partment, is a building that is designated as tivities of the Department of Defense with States that support both military and civil- having an exceptionally high risk of sus- specific emphasis on optimizing the existing ian air operations’’ means the following: taining substantial damage or collapsing workload plans of such activities to ensure a (A) Airports that are designated as joint during an earthquake; strong organic industrial base workforce. use facilities pursuant to section 47175 of (B) $101,900,000 to replace the community Mr. MCCAIN. Mr. President, I defer title 49, United States Code, in which both living center and mental health facilities of to my colleague from North Carolina. the military and civil aviation have shared the Department in Long Beach, California, The PRESIDING OFFICER. The Sen- use of the airfield. which, according to the Department, are des- ator from North Carolina. (B) Airports used by the military that have ignated as having an exceptionally high risk AMENDMENT NO. 1569 a permanent military aviation presence at of sustaining substantial damage or col- the airport pursuant to a memorandum of lapsing during an earthquake; Mr. BURR. Mr. President, I call for agreement or tenant lease with the airport (C) $187,500,000 to replace the existing spi- regular order with respect to amend- owner that is in effect on the date of the en- nal cord injury clinic of the Department in ment No. 1569. actment of this Act. San Diego, California, which, according to The PRESIDING OFFICER. The AMENDMENT NO. 1739 the Department, is designated as having an amendment is now pending. (Purpose: To require a conflict of interest extremely high risk of sustaining major AMENDMENT NO. 1921 TO AMENDMENT NO. 1569 certification for Inspector General inves- damage during an earthquake; and (Purpose: To improve cybersecurity in the tigations relating to whistleblower retalia- (D) $122,400,000 to make renovations to ad- United States through enhanced sharing of tion) dress substantial safety and compliance information about cybersecurity threats) At the appropriate place, insert the fol- issues at the medical center of the Depart- lowing: ment in Canandaigua, New York, and for the Mr. BURR. I send a second-degree SEC. ll. CONFLICT OF INTEREST CERTIFI- construction of a new clinic and community amendment to the desk. CATION FOR INVESTIGATIONS RE- living center at such medical center. The PRESIDING OFFICER. The LATING TO WHISTLEBLOWER RE- (2) The Department is unable to obligate or clerk will report. TALIATION. expend the amounts described in paragraph The senior assistant legislative clerk (a) DEFINITION.—In this section— (1) because it lacks an explicit authorization read as follows: (1) the term ‘‘covered employee’’ means a by an Act of Congress pursuant to section The Senator from North Carolina [Mr. whistleblower who is an employee of the De- 8104(a)(2) of title 38, United States Code, to BURR] proposes an amendment numbered partment of Defense or a military depart- carry out the major medical facility projects 1921 to amendment No. 1569. ment, or an employee of a contractor, sub- described in such paragraph. contractor, grantee, or subgrantee thereof; Mr. BURR. Mr. President, I ask unan- (3) Among the major medical facility imous consent that the reading of the (2) the term ‘‘covered investigation’’ means projects described in paragraph (1), three are an investigation carried out by an Inspector critical seismic safety projects in California. amendment be dispensed with. General of a military department or the In- (4) Every day that the critical seismic safe- The PRESIDING OFFICER. Without spector General of the Department of De- ty projects described in paragraph (3) are de- objection, it is so ordered. fense relating to— layed puts the lives of veterans and employ- (The amendment is printed in today’s (A) a retaliatory personnel action taken ees of the Department at risk. RECORD under ‘‘Text of Amendments.’’) against a member of the Armed Forces under (5) According to the United States Geologi- Mr. BURR. I yield the floor. section 1034 of title 10, United States Code; cal Survey— The PRESIDING OFFICER (Ms. or (A) California has a 99 percent chance or AYOTTE). The Senator from Mississippi. (B) any retaliatory action taken against a greater of experiencing an earthquake of covered employee; and Mr. WICKER. Madam President, I magnitude 6.7 or greater in the next 30 years; (3) the term ‘‘military department’’ means rise in support of the national defense (B) even earthquakes of less severity than each of the departments described in section authorization bill and would point out magnitude 6.7 can cause life threatening 104 of title 5, United States Code. to my colleagues that this is a piece of damage to seismically unsafe buildings; and (b) CERTIFICATION REQUIREMENT.— (C) in California, earthquakes of mag- legislation which for half a century has (1) IN GENERAL.—Each investigator in- nitude 6.0 or greater occur on average once enjoyed bipartisan support—during Re- volved in a covered investigation shall sub- publican administrations, Democratic mit to the Inspector General of the Depart- every 1.2 years. (b) AUTHORIZATION.—The Secretary of Vet- administrations, and during times of ment of Defense or the Inspector General of erans Affairs may carry out the major med- the military department, as applicable, a majority on the Democratic side and ical facility projects of the Department of certification that there was no conflict of in- on the Republican side. Veterans Affairs specified in the explanatory terest between the investigator, any witness Regrettably, last year this Chamber statement accompanying the Consolidated involved in the covered investigation, and did not take up the NDAA until De- and Further Continuing Appropriations Act, the covered employee or member of the cember—months after it had been ap- 2015 (Public Law 113–235) at the locations and Armed Forces, as applicable, during the con- in the amounts specified in such explanatory proved in committee. I commend Sen- duct of the covered investigation. statement, including by obligating and ex- ator Levin, the former chairman of the (2) STANDARDIZED FORM.—The Inspector pending such amounts. Armed Services Committee, for report- General of the Department of Defense shall AMENDMENT NO. 1781 ing the bill out of his committee dur- develop a standardized form to be used by ing Democratic majorities, and if he each investigator to submit the certification (Purpose: To improve the report on the required under paragraph (1). strategy to protect United States national had his way, we would have taken up (3) INVESTIGATIVE FILE.—Each certification security interests in the Arctic region) the bill much earlier. submitted under paragraph (1) shall be in- On page 528, line 14, insert after ‘‘Arctic re- I also want to commend Senator cluded in the file of the applicable covered gion’’ the following: ‘‘, as well as among the MCCAIN, our current Republican chair- investigation. Armed Forces’’. man of the Armed Services Committee

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3916 CONGRESSIONAL RECORD — SENATE June 9, 2015 for again, in a timely way, reporting and debate was held, that opposition worth of efficiencies that would pave this bipartisan bill. And then I think began to melt away. the way for long-term savings at the commendation is due to the new lead- At the end of the day, on this bill Department of Defense. ership of this Senate for taking up this that is before us today, there were Third, the bill champions greater ef- bill in a timely fashion in June rather eight Democrats who voted aye in the ficiency by reducing bureaucracy at than waiting until December. committee and only four Democrats the Pentagon and reforming the weap- It has been said by the distinguished who voted no. As I recall, all of the Re- ons acquisition system. Just because minority leader that taking up this bill publicans on the committee voted yes. we need to spend more money for de- is a waste of time because the Presi- It was an overwhelmingly bipartisan fense does not mean we need to spend dent has said he would veto this bill. It support of something that started off more money to hire bureaucrats and is curious that he would say so because dividing us, Republicans versus Demo- staffers at the Pentagon. this bill funds national security at the crats. Fourth, it is very important to point amount requested by the President of It is important that we continue to out the reforms in this bill make sure the United States. I think to people do that. The focus should be on our na- that the men and women who fight for out there listening in the public, it is tional security priorities. The focus our country, including those who are curious the President would say ‘‘I am should be on the troops. This bill funds wounded or who have retired, have the going to veto a bill’’ that actually the troops in a very meaningful and a quality of life, health care and support funds security items at the administra- very reform-oriented way. This is nec- they deserve. tion’s requested level. essary under the current times. Fifth, this bill would modernize the I would also point out to my col- I want to quote from an earlier military retirement system. Some- leagues that this is not the first time Armed Services hearing we had, where- thing that has been recommended to us the President has issued a veto threat. in Director of National Intelligence by experts in the military and by re- This happened on the Iran nuclear ne- James Clapper warned the committee. tired military people. It would not only gotiations bill, where at first the Presi- I will quote the Director of National extend benefits to more servicemem- dent said: If the House and Senate send Intelligence. He said that ‘‘unpredict- bers, but also give them more value. It me such a bill, I will veto it. But the able instability is the new normal.’’ would give our servicemembers more more we talked about it and the more ‘‘Unpredictable instability is the new choice in their retirement system. Too we brought the American people into normal.’’ many of our members are being ex- the discussion and the more the light He pointed out that ‘‘last year was cluded from the current system. Main- was shown on the issue and the Amer- the most lethal year for global ter- taining our All-Volunteer Force re- ican public opinion began to be known, rorism in 45 years.’’ It so happens that quires taking care of those who have the more popular the idea became in we have only been keeping statistics on chosen to serve. the Senate Foreign Relations Com- the lethal degree of terrorism for 45 Let me give a big shout-out and mittee. years. In the recorded 45-year history thank-you to Senator MAZIE HIRONO, At the end of the day, it was unani- of keeping tabs on this, this is the my ranking member on the Seapower mous or virtually unanimous in the most lethal year, this past year—tough Subcommittee. We have worked closely Foreign Relations Committee that the times, dangerous times. in the Seapower mark of this legisla- Senate and the House should be heard This was underscored by former Sec- tion. As a matter of fact, I regret that on the issue of any negotiations this retary of State Henry Kissinger, when Senator HIRONO and I could not do our administration has, as the Secretary of he testified at a hearing before the two speeches on this bill together. State might have with the Iranian committee earlier this year. He said That was our intent, for me to speak as leadership. At the end of the day, it that ‘‘the United States has not faced a chair and for her to speak as ranking passed overwhelmingly, and the Presi- more diverse and complex array of cri- member because we have cooperated so dent actually changed his mind. Hav- ses since the end of the Second World much in our Seapower title. ing said he would veto that Iranian nu- War.’’ Our title in the bill addresses short- clear bill, he changed his mind and sent This is a dangerous world. This is a falls in the Navy’s ability to meet re- word that he would, in fact, sign it. dangerous time. We have a bill that ad- quirements. We have 30 ships and our I hope the same thing will happen in dresses these times, and I think we Navy’s amphibious fleet is much small- this situation. I hope the President will should move forward with it. The er than the Marine Corps tells us is re- rescind his veto threat and, after we Obama administration may be unwill- quired. Last year, the Chief of Naval have worked our will and after this bill ing to admit that the world is less safe, Operations, ADM Jonathan Greenert, has gone over to a conference com- but there is no denying the extraor- said that more like 50 ships are re- mittee with the House of Representa- dinary challenges. I think Members on quired if we want to do everything the tives and we have come up with a com- both sides of the aisle would acknowl- military is being asked to do. We need promise between the House and the edge this: ISIS or ISIL, the newly re- to address this and at least move from Senate, I hope the President will, in surgent and aggressive Russia and 30 ships toward that goal of 50 that Ad- fact, change his mind and change his what they have done in invading Cri- miral Greenert suggested. position as he did on the Iranian bill mea and eastern Ukraine, the havoc This year’s NDAA would authorize and sign it. I do not think it is a waste across the Middle East in nations such $199 million for an additional Amer- of time. I think it is critical that we do as Yemen and Syria, nations that are ican-class amphibious assault ship as this. collapsing into chaos. These are serious well as $80 million in research and de- It is often that we start off on a par- times. velopment. This sends a powerful mes- tisan basis. I have the highest regard Yet our President said, on the Euro- sage to anyone who would be our ad- for the ranking member of the Armed pean Continent yesterday, that ‘‘we versary. These ships are known as the Services Committee. He and I served don’t have a complete strategy’’ for ‘‘Swiss Army Knives’’ of the sea be- together in the House of Representa- dealing with ISIS in Iraq. cause they are so versatile and because tives. It has been my privilege to serve This is not a time to block resources they respond to so many of the threats, on the committee with the distin- our military needs. As a matter of fact, including counterterrorism, piracy, guished ranking member for some it is a time for us to act as Americans combat missions, and humanitarian time. I think he would acknowledge and not as partisans. There are several crises. that we started off the defense markup reasons why passing this bill this We also recognize the need to mod- with all Republicans saying they were month should not be controversial: ernize our submarine fleet. Again, going to vote for it and with all Demo- First, it would authorize the same thank you to Senator HIRONO, the crats saying they would be a ‘‘no’’ vote. amount of funding as requested by the ranking member, for working with us But the more we got into that issue President. on this. The Seapower Subcommittee is and the more Senator MCCAIN began to Second, it contains one of the most preparing for the eventual construction work with Members on both sides of substantive defense reforms we have of the Ohio-class replacement sub- the aisle and amendments were offered seen in years. It would adopt $10 billion marine program. This is an expensive

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3917 program. It is necessary. It is expen- unable to find work. This is an issue incarceration of young Americans of sive. We are about the business of pro- which must be dealt with. Even young all races. It is time to bring hope and viding the necessary funds to mitigate Americans with a college degree are economic opportunity to communities higher costs for the submarine program finding it increasingly difficult to get a throughout this country. on our shipbuilding budget. job. The real unemployment rate for Last week, I introduced legislation I am so pleased we addressed these young Black college graduates between with Congressman JOHN CONYERS and Seapower needs. In addition, we do our the ages of 21 and 24 was 23 percent, the Senator DEBBIE STABENOW to provide best to meet the needs of the National figure for Hispanics was 22.4 percent, $51⁄2 billion to immediately begin fund- Guard, to support a modern fleet for and the figure for Whites was 12.9 per- ing States and localities throughout the Army, for mental health services cent. this country to employ 1 million young for our troops and veterans, and the Today in America, over 51⁄2 million people between the ages of 16 and 24 protection for our servicemembers’ re- young people have either dropped out and provide job training to hundreds of ligious convictions. It is a comprehen- of high school or have graduated high thousands of young Americans. sive reform bill that ought to have the school and do not have jobs. It is no Some people may say: Well, this is an same sort of bipartisan support we great secret that without work, with- expensive proposition. have had for last 50 years. out education, and without hope, peo- I guarantee that this investment will We need a bill, in conclusion, that ple get into trouble, and the result is— save money because it costs a heck of takes an honest look at our current and this is not unrelated—that trag- a lot more money to put people in jail challenges and implements necessary ically in America today we have more than to provide them with jobs and reforms. I am pleased to say this bill people in jail than any other country education. We will save lives and cre- does so, and I hope we move forward, on Earth, including China, an authori- ate taxpayers and a middle class rather get past this moment of suiting up in a tarian, Communist country with a pop- than having more and more people in partisan fashion, and send this bill ulation four times our size. How does jail. I just wanted to mention that this is with an overwhelming vote from the that happen? How is it that this great an issue which has to be discussed. I U.S. Senate. Nation has more people in jail than I yield the floor. look forward to working with the co- any other country and far more than a sponsor of this legislation, Senator The PRESIDING OFFICER. The Sen- Communist, authoritarian society in ator from Vermont. STABENOW, and we will bring attention China, a country that is four times our to this issue. YOUTH UNEMPLOYMENT size? I yield the floor. Mr. SANDERS. Madam President, it Today, the United States is 5 percent The PRESIDING OFFICER. The Sen- sometimes happens that issues of enor- of the world’s population; yet, we have ator from Michigan. mous consequence seem to be ignored 25 percent of the world’s prisoners. In- Ms. STABENOW. Madam President, and do not get anywhere near the dis- credibly, over 3 percent of our coun- before the Senator from Vermont cussion it requires. One such issue try’s population is under some form of leaves, I have to say that I am very which needs to be put on the table that correctional control. According to the proud to be a partner with him on this needs to be dealt with and needs to be NAACP, from 1980 to 2008, the number legislation and how critically impor- resolved is the crisis of youth unem- of people incarcerated in America tant it is that we give young people the ployment in America, in general, and quadrupled from roughly half a million opportunity to have a job. On the last specifically among Black and Hispanic to 2.3 million people. If current trends immigration bill, we were able to add youth. continue, the estimate is that one in dollars to the bill, which helped to cre- Let me provide you with some new three Black males born today can ex- ate funding for young people. Youth information that I recently received pect to spend time in prison during his unemployment is a huge issue, and we from the Economic Policy Institute, lifetime. need to give them a path forward on one of the important nonpartisan eco- This is an unspeakable tragedy. This jobs, hope, and economic opportunity. I nomic think tanks in our country. is an issue which has to be put on the again thank the Senator from What this information tells us is that table and has to be discussed. And this Vermont. the level of youth unemployment in crisis is not just a destruction of Madam President, I also have to say this country has reached tragic dimen- human life, it is also a very costly I am very disappointed that Senator sions, and it is especially tragic for the issue to the taxpayers of our country. REED’s amendment was not successful. African-American and Hispanic com- In America, we now spend nearly $200 Unfortunately, it was voted down munities. billion a year on public safety, includ- today on a partisan vote. We all know The Economic Policy Institute re- ing $70 billion on correctional facilities there are way too many budget gim- cently analyzed census data on unem- each and every year. micks in this authorization, as impor- ployment among young people—those It is beyond comprehension that we tant as it is, and what we ought to be people who are either jobless, those as a nation have not focused attention doing is making sure all of the security people who have given up looking for on the fact that millions of our young needs of our families—not just those at work or those people who are working people are unable to find work or begin the Department of Defense but those in part time when they want to work full their careers in a productive economy. other parts of the budget have the ade- time; in other words, what real unem- This is an issue which we must deal quate resources they need so their fam- ployment is about. with—and I know I speak for the Sen- ilies are truly safe. This is what they found. They found ator from Michigan—and we will make HIGHWAY TRUST FUND that during April of 2014 to March of sure this country pays attention to and I wish to speak specifically about an- 2015, the average real unemployment deals with this issue. other piece of legislation which will rate for Black high school graduates, Let me just say that it makes a lot help to ensure our safety, and that is ages 17 to 20, was 51.3 percent. Let me more sense to invest in jobs and edu- economic safety and security. This is repeat. Over the last year, from April cation for our young people than to something which also deserves our 2014 to March of 2015, the average real spend incredible amounts of money on time and attention, and time is run- unemployment rate for Black high jails and incarceration. Let’s give these ning out right now. We have 52 days be- school graduates was 51.3 percent. The kids a shot at life. Let’s give them a fore the highway trust fund will be jobless figure for Hispanics in the same chance. Let’s not lock them up. empty, shut down; 52 days and we have age group was 36.1 percent, and for The time is long overdue for us to not yet done even one hearing in the young White high school graduates the start investing in our young people, to Finance Committee. I respectfully ask number was 33.8 percent. help them get the jobs they need, the that our chairman, for whom I have This is an issue which cannot be ig- education they need, and the job train- tremendous respect, have hearings and nored. An entire generation of young ing they need so they can be part of the discussions so we can work together people who are trying to get their lives American middle class. and talk about how we are going to together, trying to earn some money, The answer to unemployment and fund this bill. We have not yet seen leg- and trying to become independent are poverty is not and cannot be the mass islation on the floor that will allow us

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There was a time when Re- and that it costs over $101 billion in I suggest the absence of a quorum. publicans were the leaders of building wasted time and fuel every year. The PRESIDING OFFICER. The our roads, bridges, airports, railroads, One of my constituents recently told clerk will call the roll. and all of our infrastructure, and that me that he hit a pothole on the way to The senior assistant legislative clerk came in the form of President Eisen- the Detroit Metro Airport, and he had proceeded to call the roll. hower, who said in 1952 that ‘‘a net- to replace all four tires on his car. He Mr. WHITEHOUSE. Madam Presi- work of modern roads is as necessary actually went through seven tires in 1 dent, I ask unanimous consent that the to defense as it is to our national econ- year. That is a lot of money; that is a order for the quorum call be rescinded. omy and our personal safety.’’ lot of tires. He went through seven The PRESIDING OFFICER. Without We are on the floor talking about leg- tires in 1 year because of the bad roads objection, it is so ordered. islation to authorize moving forward to in Michigan. Mr. WHITEHOUSE. I ask unanimous support our troops and making sure we The average Michigan resident consent to speak as in morning busi- are authorizing programs for our na- spends $357 a year on repairing the ness for up to 15 minutes. tional defense. Yet, in 1952 President damage to their automobiles caused by The PRESIDING OFFICER. Without Eisenhower said that ‘‘a network of broken roads. That is more than twice objection, it is so ordered. modern roads is as necessary to our de- the amount that average people pay in GASPEE DAYS fense as it is to our national economy taxes to go to improving our roads and Mr. WHITEHOUSE. Madam Presi- and our own personal safety.’’ But in bridges. It is more than twice what it dent, I am here on the floor today to only 52 days, there will be zero in our would take to actually fix our roads celebrate a significant event in our Nation’s highway trust fund. and bridges and actually be able to country’s history and in Rhode Island. By the late 1950s, our interstate high- move forward. It is not fair. It is not Every student of American history ways were responsible for 31 percent of fair to neglect responsibility to main- knows the story of the Boston Tea the annual economic growth of our tain our Nation’s basic roads and Party. We all learned about Samuel country—an economic engine of our bridges and other infrastructure and Adams and the Sons of Liberty dump- country. Thanks to President Eisen- let the American people pay for that ing chests of tea into Boston Harbor to hower’s leadership, our roads in the neglect, which is exactly what is hap- protest British taxation without rep- mid-20th century were the envy of the pening. resentation. world. Now we see other countries that We can’t expect our workers and our What many students don’t know is want to be like America—a global eco- companies to compete in the 21st-cen- that down in Rhode Island, more than nomic power—and they are rushing to tury global marketplace if they are a year earlier, a group of Rhode Island invest in their roads, bridges, airports, forced to use 20th-century roads and patriots made an even harsher chal- railroads, and other infrastructure, bridges, and we are on our way to the lenge to the British Empire one dark countries such as China and Brazil. 19th century. Some places are so crum- night in June of 1772. I am here to tell China is taking 9 percent of their bled up, we are going from pavement their story. GDP and using it to invest in jobs, and back to the dirt underneath it. It is The episode began when amid grow- those things that will allow them to crazy, and there is no excuse for it. ing tensions with colonists, King create jobs and be a world economic Every time we pass a short-term George III moved the HMS Gaspee, an power. They are wooing businesses patch that goes 1 or 2 or 6 months down armed British customs vessel, into there because they have the most mod- the road, we let our workers, busi- Rhode Island’s Narragansett Bay. The ern infrastructure, and frankly, we are nesses, and our families down. Congress Gaspee and its captain, Lieutenant Wil- playing catchup. There is absolutely no needs to step up. We are ready, and we liam Dudingston, were known for seiz- reason that should be happening. are looking for Republican partners to ing cargo and flagging down ships only Our European competitors spend join with us in a long-term solution. to harass, humiliate, and interrogate twice what we do on transportation The majority needs to step up. the colonials. As Nick Bunker, author and funding for critical roads and We have 52 days and counting until of the book ‘‘An Empire on the Edge’’ bridges and other transportation needs. the highway trust fund is empty—at wrote, this harassment did not sit well The Chinese Government spends four zero. We shouldn’t see the majority with Rhode Islanders, who had grown times what we are spending right now. kick the can down the road again or accustomed to a level of freedom The World Economic Forum’s ‘‘Glob- come up with some kind of short-term unique in that time. ‘‘Even by Amer- al Competitiveness Report’’ for 2014 suggestion or crazy things such as cut- ican standards, Rhode Island was an and 2015 ranks America 16th in the ting people’s pensions to pay for roads extreme case of popular government.’’ quality of roads. We are one spot be- and bridges. Together, we need to do The chapter in his book in which he hind Luxembourg and one spot just what the American people expect us to describes this is entitled ‘‘ ‘This Dark ahead of Croatia. Can you imagine? do and sit down and do what has been Affair’: The Gaspee Incident.’’ Bunker Yay. We are just ahead of Croatia in in- done over the course of history in the went on to say: ‘‘Out of all the colo- vesting in the future in transportation United States: Fund a long-term trans- nies, Rhode Island was the one where technology and safety for our roads, portation bill that moves us forward in the ocean entered most deeply into the bridges, and airports—all of those our economy, jobs, and creates the lives of the people.’’ And we wanted it things which create economic security kind of competitive edge we have tradi- free. and, in the words of President Eisen- tionally had in the United States. In July of 1663, over 100 years before hower, national security. A grade of D on roads is an embar- the Gaspee incident, King Charles II The World Economic Forum has its rassment. We need our Republican ma- had granted a royal charter estab- own rankings. In 2002, America had the jority to step up with us, because we lishing the colony of Rhode Island and fifth best transportation system in the are waiting. We are anxious to put to- Providence Plantations in New Eng- world. In their most recent rankings, gether a long-term strategy on funding land. And the charter said it was ‘‘to we were 24th. for our roads and bridges. This is pret- hold forth a lively experiment . . . that The American Society of Civil Engi- ty basic when we look at the respon- a most flourishing civil state may neers’ most recent report card for sibilities that Congress has on behalf of stand and best be maintained with full America’s infrastructure—our trans- the American people—maintaining air- liberty in religious concernments.’’ portation, roads and bridges—gave us a ports, railroads, short rail for agri- The ‘‘lively experiment’’ in Rhode Is- D on our roads. I don’t think any of us culture, as well as our long distance land blazed the path for American free- would be happy if our children brought rail, roads, bridges, and all of the other dom of religion, a fundamental right of

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3919 our great Nation. In Rhode Island, with blackened faces, in long boots, marks the 50th annual Gaspee Days what were then considered radical and rowed down the bay with their oars celebration in Warwick. Over the ideologies of freedom ran very deep. A muffled to avoid detection. They made years, we celebrate by marching in the century later, William Dudingston their way to the stranded Gaspee and annual parade, as we recall the courage would learn just how deep, as he went surrounded it. of the men who fired the first shots and about harassing American vessels and As Daniel Harrington recounted in a drew the first blood in the quest for confiscating their cargo. ‘‘The British recent op-ed that he wrote in the Prov- American independence. Armed Forces have come to regard al- idence Journal, ‘‘Capt. Abraham Whip- I would like to thank the Gaspee most every local merchant as a smug- ple spoke first for the Rhode Islanders, Days Committee for their continuing gler and a cheat,’’ Bunker wrote. summoning Dudingston: ‘I am sheriff efforts to host this annual celebration Rhode Islanders were fed up with the of Kent county, [expletive]. I have a and my friend, State Representative abuse. Something was bound to give. warrant to apprehend you, [expletive]; Joe McNamara, for his work each year In March of 1772, local seamen and so surrender, [expletive].’ It was a clas- in making this event so special. I come traders led by John Brown signed a pe- sic Rhode Island greeting!’’ to the floor every year at this time to tition against the Gaspee. They I ask unanimous consent that Mr. speak about the burning of the Gaspee, brought it to Rhode Island Chief Jus- Harrington’s article be printed in the because as proud as I am of what those tice Stephen Hopkins, a political lead- RECORD at the conclusion of my re- brave Rhode Islanders did back in 1772, er in Providence and a relentless advo- marks. I am also disappointed that their story cate for liberty. Lieutenant Dudingston, of course, re- has largely been lost to history outside Nick Bunker wrote: fused Whipple’s demand, and instead our little State. For Brown and Hopkins, the only law they ordered his men to fire upon anyone I hope these speeches will help new recognized was theirs, laid down by their as- who attempted to board the Gaspee. generations to learn about this impor- sembly and their local courts. They saw no The Rhode Islanders saw their advan- tant American event. In Rhode Island, role in Rhode Island for the English laws tage. They outnumbered the British, of course, we will never forget. As Mr. that gave the navy its authority. and they swarmed on the Gaspee. Shots Harrington wrote in his piece in the This is in 1772. Chief Justice Hopkins rang out in the dark. Lieutenant Providence Journal, ‘‘Through the provided a legal opinion saying that Dudingston fell wounded in the arm ages, noble Rhode Islanders have British officers needed to present their and the thigh. That night in the waters named their daughters Hannah in orders and commission to Rhode Is- off Warwick, RI, the very first blood in honor of the ship that long ago led a land’s Governor before entering local the conflict that was to become the fledgling young country toward inde- waters. Well, Dudingston refused and, American Revolution was drawn by pendence and helped create the finest indeed, threatened to hang ‘‘any man American arms—a little bit more than nation ever born of man.’’ who tried to oppose the Gaspee.’’ just tea over the side into Boston Har- I yield the floor. So the fuse was lit. It all came to a bor. There being no objection, the mate- head on June 9, 1772. Rhode Island Cap- As the patriots commandeered the rial was ordered to be printed in the tain Benjamin Lindsey was sailing to ship, Brown ordered one of his Rhode RECORD, as follows: Providence from Newport in his ship, Islanders, a physician named John [From the Providence Journal, June 2, 2015] the Hannah. He was accosted and or- Mawney, to tend to Dudingston’s THE GASPEE, THE HERO AND THE DUD dered to yield for inspection by the wounds. Mawney was an able doctor (By Daniel F. Harrington) Gaspee. Well, Captain Lindsey refused. and saved the lieutenant. Brown and Every story needs a good villain, and 243 He raced up Narragansett Bay, despite Whipple took the captive English crew years ago the British dropped a big one on warning shots fired at the Hannah. ashore, and then they returned to the us. His name was Dudingston. His job? Pre- The Gaspee gave chase and Captain despised Gaspee to rid Narragansett venting piracy on Narragansett Bay—or, in Lindsey, who knew the waters of Rhode Bay of her detested presence once and layman’s terms, shaking down every mer- Island far better than did Dudingston, chant he could catch. for all. They set her afire. The blaze Lt. William Dudingston, 31, and his dread- steered his ship north toward Pawtuxet spread, reaching the ship’s charges of ed ship the HMS Gaspee arbitrarily halted Cove in Warwick, right over the shal- gunpowder and cannons, setting off ex- and often seized the cargo of Rhode Island low waters of Namquid Point. There, plosions like fireworks. ships at will. And he did it all in the name the lighter Hannah shot over the Ultimately, the flames reached the of taxation. Think of him as an Internal Rev- shallows, but the heavier Gaspee ran Gaspee’s powder magazine, and the re- enue Service agent and mob boss rolled into aground and stuck firm. sulting blast echoed across Narragan- one. The British ship and her crew were sett Bay, as airborne fragments of the He wore a gold-trimmed cap and had a pro- caught, stranded in a falling tide. They clivity for rum. Gaspee splashed down into the water The governor of Rhode Island repeatedly would need to wait many hours for a beneath a moonless sky. Nick Bunker challenged the Crown to check the lieuten- rising tied to free them again. Accord- wrote that the British had never seen ant’s brazen misbehavior, but his requests ing to Nick Bunker, as night fell, the anything quite like the Gaspee affair. were largely ignored. So on Dudingston Gaspee crew turned in, leaving only one Their attack on the ship amounted to a went. seaman on the deck. Spotting an irre- complete rejection of the empire’s Until he met our heroes. sponsible opportunity, Captain Lindsey right to rule. The first was Capt. Benjamin Lindsey, who skippered a sloop called the Hannah. He had sailed on to Providence. There he en- According to Dan Harrington’s op-ed, had enough. Returning from New York on listed the help of John Brown, the re- King George III was furious and offered June 9, 1772, he was greeted in Newport with spected merchant and statesman who huge rewards for the capture of the cannon fire from the Gaspee after refusing had led that petition against the rebels. Inquiries were made and nooses Dudingston’s command to strike his flag. Gaspee back in March. fashioned. But in the end, not one Then, trusting ‘‘the Dud’’ knew more about Brown was from one of the most name was produced, as thousands of extortion than navigation, Lindsey led him prominent families in the city. He ulti- Rhode Islanders remained true to sion a four-hour chase up Narragansett Bay. It mately helped found what we know lence. The site of this historic victory was the Dud’s guns versus Lindsey’s guts. Lindsey skillfully piloted his ship toward today as Brown University. Brown and is now named Gaspee Point in honor of Pawtuxet Cove and specifically to a men- Lindsey rallied a group of Rhode Island this incident and the audacious Rhode acing sandbar, trusting the heavy Gaspee patriots at Sabin’s Tavern, down in Islanders who accomplished it. and its rum-fueled captain would run what is now the East Side of Provi- According to Bunker, the Rhode Is- aground. dence, along the waterfront. Refresh- land patriots successfully organized ‘‘a They did! ments, no doubt, were served. Re- military operation 3 years ahead of its But Lindsey didn’t stop there. He sailed freshed or not, the group resolved to time, that arose not merely from a pri- north to Providence and informed fellow merchant John Brown about the sitting Dud. end the Gaspee’s menace in Rhode Is- vate quarrel but also a matrix of At dusk, Brown sent a town crier through land waters. That night, those raiders, ideas’’—the ideas of liberty. Rhode Is- the streets of Providence and assembled a led by what Nick Bunker called the landers have made a tradition of cele- raiding party of tavern-friendly professional ‘‘maritime elite of Providence,’’ set out brating the Gaspee incident. This year men.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3920 CONGRESSIONAL RECORD — SENATE June 9, 2015 Rowing to the doomed ship in long boats, ception have been built into the Buy make versions of this van that are pro- the Patriots reached the Gaspee around mid- America Act, such that today the ex- duced by American workers. night. ceptions really are the rule. There were $39 million worth of waiv- Capt. Abraham Whipple spoke first for the The consequences are pretty dire for ers for jet engines and gas turbines. Rhode Islanders, summoning Dudingston: ‘‘I American workers. It means that thou- am sheriff of Kent county, Goddamn you. I There was $28 million worth of waivers have a warrant to apprehend you, Goddamn sands, tens of thousands, hundreds of simply for men’s clothing. There were you; so surrender, Goddamn you.’’ It was a thousands of workers have lost their $11 million of waivers that were used classic Rhode Island greeting! job because work that should have for shoes, for men’s footwear. So it is Then a shot rang out. Dudingston fell when gone to American companies to build clear that these waivers are being used a ball hit him five inches below his navel. components for jet engines, tanks, and not for goods that are urgently needed ‘‘Good God, I am done for!’’ he cried. submarines are going overseas. But for in the field that had to be purchased in And then a miracle. our national security, we also are faced a place such as Afghanistan or Iraq or As the Dud lay bleeding to death, a raider with issues as well, given the fact that stepped forward. It was 21–year-old physi- in the region but simply to avoid the cian—and genius—John Mawney, who per- as our supply chain becomes much ‘‘Buy American’’ law. formed life-saving surgery on him. Aston- more internationalized, we are relying I want to amend my previous state- ished, Dudingston then offered the doctor a on countries that today might be our ment. It was not $17 billion in goods gold buckle. Mawney refused it, but accepted allies to supply parts but that tomor- that were bought from foreign firms, it a silver one. row might not. It puts us at risk poten- was $176 billion in manufactured goods The Rhode Islanders then set the Gaspee tially down the line. that were bought—and services—from aflame and the warship exploded, lighting up So I am proposing a pretty simple foreign firms. So if it were up to me, Narragansett Bay as never before—or since. amendment here, which is really just we would tighten this loophole. We King George III was furious and offered huge rewards for the capture of the rebels. about sunlight. I had previously hoped would bring billions of dollars of work Inquiries were made and nooses fashioned, to push an amendment that would have back to the United States simply by but in the end, not one name was produced, actually cut down on one of the waiv- saying that you have to have an urgent as thousands of Rhode Islanders remained ers that is the most egregious. But I national security need in order to buy true to silence. am hoping for a consensus on an the good overseas. The burning of the Gaspee steeled the re- amendment that would just make clear But if it is not urgent, if you are just solve of all the colonies and inspired the Bos- that we have to get some more infor- buying some vans to cart around equip- ton Tea Party 18 months later. In 1922, The mation about some of the worst loop- ment or people, then you should buy New York Times memorably editorialized them from the United States. But that the boldness of the Gaspee incident holes to the ‘‘Buy American’’ law. The made The Boston Tea Party look, by com- worst of them, and, in fact, the major- amendment No. 1901 is a little bit sim- parison, like a tea party! ity of the waivers for the Buy Amer- pler, in that it just requires that we Meanwhile, back in Britain, Dudingston ican Act come through one specific continue to get reports from the De- would survive court martial for losing his waiver. partment of Defense detailing the ship, receive a disability pension and live an- There are about eight ways to get waivers that they have been granted other 45 years and become a rear admiral. around buying things in the United for the ‘‘Buy American’’ law, so that One man remains lost to history. States for the U.S. military. But one of we have a pretty good idea as to how No one knows what happened to America’s them is that if you can prove that the much work we have lost to foreign first hero, Captain Lindsey. The most wanted man in the world quickly disappeared and usage of the good is going to be pri- firms, how many U.S. workers have dissolved into time. We’ve never found his marily overseas, you can buy that good lost their jobs because taxpayer dollars resting place—probably because he was bur- overseas. Now, that is an understand- are going overseas. ied at sea. So he eludes us still, although able exception if you are talking about It adds a little new wrinkle to these some say you can still hear him rousing the the purchase of something such as fuel reports so that when it comes to these Hannah when the fog of Narragansett Bay is or food that simply does not make waivers, the waiver for goods that are unusually thick . . . sense to import from the United primarily used overseas, which was 83 Not all have forgotten. Through the ages, States. But because there is really no percent in 2014 of all of the waivers noble Rhode Islanders have named their daughters Hannah in honor of the ship that oversight at all on this waiver and be- that were granted, we get a little bit long ago led a fledgling young country to- cause over the last 10 years, having more information so that for waivers ward independence and helped create the fin- fought two wars in Afghanistan and for contracts over $5 million—these are est nation ever born of man. And her name is Iraq, this relatively small loophole, as pretty big contracts—we know what still sweet, for it echoes the refrain of liberty it appears on the written page, has be- you are buying, why you need it, and and recalls the powerful truth that ‘‘God come an enormous loophole. why you are required to buy it over- hath chosen the weak things of the world to So $17 billion in goods were made seas. confound the things that are mighty.’’ overseas, and in 2014, 83 percent of I think that this information is just The PRESIDING OFFICER. The Sen- them were done through this particular sunlight on the waiver process. Again, ator from Connecticut. ‘‘Buy America’’ loophole. So I want to a waiver process which is sending over- Mr. MURPHY. Madam President, we just talk for a second about what some seas $176 billion worth of American are hopefully going to be able to vote of these waivers are being used to pur- taxpayer paid-for jobs should have very shortly on an amendment to the chase. This is an Opel light-duty cargo more information so that we can make NDAA that I have submitted, No. 1901, van that has been purchased by the decisions. It is funny, when I talk to which speaks to a pretty simple con- U.S. military for a variety of activi- my constituents and I tell them that I cept that when we spend taxpayer ties. This was not an emergency exam fighting for the ‘‘Buy American’’ money and 70 percent of the goods that penditure. Very clearly, you are buying law and that I am fighting to make we purchase with taxpayer dollars this van for activities that you can sure that at least 50 percent of their come through the Defense Department, plan for. It is not something that you dollars get spent to buy things from we should be spending that money on could not import from the United American companies when they are American companies. States. used by the U.S. military, they have a We should be using our resources as a This contract, which was entered bewildered look on their face because nation to purchase things from compa- into at the height of the auto crisis, they assume that is the policy of the nies here in the United States. That was $2.9 million in total—$2.9 million U.S. Government to begin with. has been the law on the books since the that went to a foreign auto company Why on Earth would our taxpayer 1930s. The Buy America Act, for eco- instead of going to a company in the dollars be used to buy things overseas? nomic and national security reasons, United States. This is clearly some- There are some commonsense reasons directs the U.S. Government to buy at thing—a cargo van—not being used on why that happens. Obviously, as I said, least 50 percent of the components of the frontlines of our wars in Iraq and when you are buying something like any good from U.S. companies. The Afghanistan that could have been food or fuel for the military’s use in Af- problem is that over time, loophole bought from an American auto com- ghanistan or in Iraq, it makes sense to after loophole and exception after ex- pany. Ford, Chevrolet, and Chrysler buy that overseas. If you can’t find it

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3921 in the United States, if there is not a a conversation that on behalf of the lit- Treaty Organization, NATO. A prin- single contractor that makes what you erally hundreds of thousands of Amer- cipal weapon of Putin’s has been Rus- are looking for in the United States, ican workers who don’t have jobs today sia’s energy supplies—specifically, nat- then, by all means, you are going to because we are spending taxpayer dol- ural gas. Putin has used Russia’s nat- have to buy that overseas. If there is lars overseas—for their sake, they de- ural gas to extort, to threaten, and to such a price differential, such an enor- serve for us to have that debate. coerce our allies and our partners. He mous price differential that it is a I yield the floor. has repeatedly shut off natural gas sup- waste of taxpayer dollars to buy it I suggest the absence of a quorum. plies to Ukraine and has retaliated from American companies—and, frank- The PRESIDING OFFICER (Mr. against countries that have come to ly, those are fairly minute exceptions— GARDNER). The clerk will call the roll. Ukraine’s aid. then it makes sense to do a work- The legislative clerk proceeded to So 21 countries—21 countries—import around on the ‘‘Buy American’’ law. call the roll. more than 40 percent of their natural But we have seen hundreds of billions Mr. CASSIDY. Mr. President, I ask gas from Russia. Of these 21 nations, 13 of dollars in waivers, waivers that are unanimous consent that the order for are members of NATO and 5 of these being used for reasons that you just the quorum call be rescinded. NATO members import nearly 100 per- can’t justify but also through a process The PRESIDING OFFICER. Without cent of their gas from Russia. that includes really no oversight. On objection, it is so ordered. I recently returned from Eastern Eu- that waiver that allows for goods to be (The remarks of Mr. CASSIDY and Ms. rope. Our NATO allies and European purchased overseas when you can’t find COLLINS pertaining to the introduction partners are desperate to find alter- it in the United States, there are exam- of S. 1531 are printed in today’s RECORD native sources of natural gas. They are ples where a simple Google search under ‘‘Statements on Introduced Bills seeking to develop their own natural could have found the item in the and Joint Resolutions.’’) gas resources. But amazingly, Putin is United States, but a waiver was still funding activists who oppose hydraulic f signed, allowing it to be bought over- fracturing in Europe. seas because it wasn’t available here— MORNING BUSINESS It is clear that Putin wants to keep just no oversight, making sure we are Ms. COLLINS. Mr. President, I ask our NATO allies dependent on Russian only giving these waivers in the right unanimous consent that the Senate be energy. Our NATO allies have publicly circumstances. in a period of morning business, with called on Congress to help them access I have talked a number of times on Senators permitted to speak therein America’s natural gas. We can do that this floor about a company that folded for up to 10 minutes each. by adopting my amendment, No. 1582. up shop in Waterbury, CT, a legacy The PRESIDING OFFICER. Without My amendment would help countries company in the Naugatuck Valley, An- objection, it is so ordered. such as Ukraine, our NATO allies, and sonia Copper & Brass. It made the cop- Ms. COLLINS. Thank you, Mr. Presi- others access America’s vast supplies per nickel tubing for the American sub- dent. of natural gas. Specifically, it would marine fleet. It was the only company The PRESIDING OFFICER. The Sen- ensure that the Secretary of Energy in the United States that made this ator from Louisiana. makes timely decisions on applications particular item. to export Liquefied Natural Gas, or It is out of business today because of f LNG. the loopholes in the ‘‘Buy American’’ PATIENT FREEDOM ACT Under current law, exports of LNG to law. We are now buying our copper countries such as our NATO allies are nickel tubing from a foreign company. Mr. CASSIDY. I wish to say briefly presumed to be in the public interest, Now, that put dozens of people out of that I thank Senator COLLINS for her unless the Secretary finds otherwise. work in Connecticut, but it also put in thoughtful review of the Patient Free- But over the last several years, the jeopardy our national security. If the dom Act, who after our office has prob- Secretary’s decisionmaking process supplier of this copper nickel tubing, ably reviewed it the most and made has been, at best, unpredictable. My which is not something you can make several substantial changes that have amendment would fix that. Specifi- easily—it requires incredible expertise, made it better. I also thank her for her cally, my amendment would require complicated machinery. If the country speech, which was a very thoughtful the Secretary to approve or disapprove we are getting it from today decides critique of why we are replacing LNG export applications within 45 days they are not going to supply it to us ObamaCare—not because it is the after the environmental review process because they oppose the way in which President’s bill but because of things is complete. we are using it, we can’t make it in the that she described, where people have My amendment would ensure that United States any longer. You can’t an incentive not to earn more money legal challenges to LNG export projects just reassemble the ability to make and a penalty if they do, which goes are resolved expeditiously. It would that particular good, complicated tub- against the American values that if also require exporters to publicly dis- ing that goes inside one of the most you work hard you can be more suc- close the countries to which LNG has complicated pieces of machinery in the cessful. been delivered. U.S. Navy, a submarine. You can’t just It should not be that the Federal In January of this year, the energy do that overnight. So at the very least, Government is discouraging that. I committee held a hearing on legisla- we should be getting all of the informa- thank her for her thoughtful speech, tion that is identical to my amend- tion we need to do proper oversight on her thoughtful comments, and her ment. At that hearing, the Department this process of granting waivers. great input into the final product. of Energy testified that my legislation I have been pleased at the willingness I yield the floor. is ‘‘a solution we will be able to comply of Chairman MCCAIN and his staff, The PRESIDING OFFICER. The Sen- with.’’ along with the ranking member Sen- ator from Wyoming. I am encouraged by DOD’s support ator REED, to work with us on this f for this legislation. I am also encour- amendment, this sunlight amendment, aged by the support of the National As- this disclosure amendment. Hopefully, EXPORT OF AMERICAN LIQUEFIED sociation of Manufacturers and others over the course of today or tomorrow, NATURAL GAS who testified that LNG exports would we will be able to include this in one of Mr. BARRASSO. Mr. President, for create thousands of jobs across Amer- the managers’ packages that we adopt years, we have witnessed Vladimir ica and help reduce our Nation’s trade on the Senate floor, and it will allow us Putin, the President of Russia, wreak deficit. to have a more robust conversation as havoc across Europe. Putin has invaded The United States is the world’s larg- to why on Earth we spent U.S. tax- and carved up free, independent, and est producer of natural gas. We have payer dollars on this van, when $3 mil- democratic countries, such as Georgia more than enough natural gas to meet lion—at the height of the auto crisis— and Ukraine. He has bullied our friends our own needs and use our gas to bring could have gone to an American com- in the European Union. He has intimi- about positive change throughout the pany making a similar vehicle. That is dated our allies in the North Atlantic world.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3922 CONGRESSIONAL RECORD — SENATE June 9, 2015 Do not take my word for it. Listen to pointments to independent commis- gathering, and judicial decision-mak- what the Obama administration had to sions on the judiciary, police, public ing. A hybrid mechanism, with inter- say. In February of this year, President service, elections, and audit, instead of national experts involved at the pros- Obama’s Council of Economic Advisers the President as was previously the ecutorial and judicial level, will help stated that ‘‘an increase in U.S. ex- case. In addition, the right to informa- ensure that the failings and cynicism ports of natural gas . . . would have a tion has been included as a funda- associated with past domestic account- number of mostly beneficial effects on mental right in the Constitution. ability mechanisms are not repeated. . . . employment, U.S. geopolitical se- Sri Lanka’s Foreign Minister I am told that the government in- curity, and the environment.’’ Mangala Samaraweera has wisely tends to work with humanitarian orga- The President’s economic advisers called the attention of the Parliament nizations on the issue of missing per- said that LNG exports would create to the need to review the individuals sons, including forensics, and to re- tens of thousands of jobs in the United and entities that were listed under a solve the cases of remaining detainees. States, jobs that ‘‘would arise . . . in U.N. regulation pursuant to U.N. Secu- The United States and other inter- natural gas production[,] manufac- rity Council Resolution 1373, adopted national groups could assist this im- turing [and] a range of sectors, includ- shortly after the 9/11 attacks. The reg- portant humanitarian effort. ing . . . infrastructure investment, and ulation was used to ban several Tamil Under the government of former transportation.’’ diaspora groups for their alleged links President Mahinda Rajapaksa, Armed The President’s economic advisers to the LTTE. However, the new govern- Forces day was ‘‘Victory Day’’, a divi- also stated that U.S. LNG exports ment reportedly believes that some in- sive, provocative celebration for the would have ‘‘a positive geopolitical im- dividuals and organizations may have Sinhalese majority. President Sirisena, pact for the United States.’’ Specifi- been wrongly accused of terrorist links in his Armed Forces Day speech on cally, they explained that U.S. LNG when they were merely advocating in May 19, said the policy of the new gov- ‘‘builds liquidity in the global natural support of their rights. The govern- ernment will be ‘‘development and rec- gas market, and reduces European de- ment intends to review the list in the onciliation’’, making clear the govern- pendence on the current primary sup- interest of reconciliation and reaffirm- ment’s recognition that development pliers, Russia and Iran.’’ ing its commitment to freedom of ex- projects alone will not heal the wounds Again, these are not my words. This pression. and scars of the past. He also affirmed is from the White House. I am also encouraged that the gov- that the reconciliation process must Mr. President, Congress has a choice: ernment has revived its relationship involve truth seeking, justice, elimi- We can watch Putin use natural gas as with the United Nations, including nating fear and suspicion among all a weapon against our allies and part- with the U.N. Human Rights Council, communities and building trust among ners or we can take a meaningful step and has invited the U.N. High Commis- them, as well as the rebuilding of infra- to help our friends. sioner for Human Rights to visit Sri structure. He expressed confidence that My amendment boosts the security of Lanka. I hope such a visit takes place the Armed Forces would now dedicate our NATO allies and friends around the soon. themselves to the government’s policy world, and it does so through a peace- The Special Rapporteur on the pro- on reconciliation. ful means. It doesn’t spend American motion of truth, justice, reparation The return of land in the north and tax dollars and all the while will help and guarantees of non-recurrence vis- east currently occupied by the Armed to grow America’s economy. It is a ited Sri Lanka in March-April 2015, and Forces, and the resettlement of Tamils commonsense amendment, and I ask I understand that the Working Group displaced by the war and the provision all of the Members to support it. on Enforced and Involuntary Dis- of basic services, is an urgent neces- I thank the Presiding Officer. appearances will visit Sri Lanka in Au- sity. Some land in the east that had I suggest the absence of a quorum. gust. been allocated by the previous govern- The PRESIDING OFFICER. The For years, impunity for serious ment for infrastructure projects has clerk will call the roll. crimes has been the norm in Sri Lanka. been released by President Sirisena for The senior assistant legislative clerk The government is working to estab- the resettlement of the displaced, and a proceeded to call the roll. lish what it describes as a ‘‘domestic small amount of land in the north has Mr. BARRASSO. Mr. President, I ask mechanism’’ to deal with account- been provided to civilians who were up- unanimous consent that the order for ability for human rights violations. A rooted by the war. But this is only a the quorum call be rescinded. purely domestic mechanism, however, beginning. Sri Lanka is at peace, so it The PRESIDING OFFICER. Without is not likely to be sufficient. The Sri is time for the Armed Forces to return objection, it is so ordered. Lankan people, the United States and land, support the resettlement of fami- other governments, the United Na- f lies, and focus on external threats tions, and international human rights rather than domestic policing. MORNING BUSINESS groups have long called for justice for Unlike the previous government the victims of atrocities committed by which vilified its critics and locked up the armed forces and the LTTE during after sham trials journalists who ex- SRI LANKA the 30-year conflict. It is essential that posed corruption, President Sirisena Mr. LEAHY. Mr. President, I want to the justice process is not only about has taken steps to reaffirm freedom of speak briefly about recent develop- truth telling, but is a credible, inde- the press by unblocking media ments in Sri Lanka where the new gov- pendent mechanism with authority to websites, inviting exiled journalists to ernment of President Maithrapala investigate, prosecute, and appro- return to the country, and ensuring Sirisena has taken several important priately punish those responsible for freedom of expression for the media to and encouraging steps to promote good war crimes and crimes against human- operate without fear of reprisal. governance, human rights, and rec- ity, on both sides. Under the previous government, Sri onciliation since his election on Janu- It is also important to the develop- Lanka’s judicial system was politi- ary 8. ment of a credible accountability cized, manipulated, and corrupted. The Among the government’s initial ac- mechanism and to the success of this new government is taking steps to re- complishments are the adoption of the endeavor that Sri Lankan officials con- establish the independence of the judi- 19th Amendment to the Constitution, sult with local civil society organiza- ciary, which is fundamental to any de- which curtails the extensive powers en- tions, including the families of the mocracy. Also significant was the ap- joyed by the executive and vests more war’s victims. They should also invite pointment of the Chief Justice who is power in the Parliament, limits the international bodies, such as the Office from the minority Tamil community Presidential term to 5 years instead of of the U.N. High Commissioner for immediately after the election of the 6, allows the President to hold office Human Rights, to take part in this new government. only for two terms instead of an unlim- process, to provide technical assistance The government has committed to ited number of terms, and provides for as well as substantive input and help fight corruption and ensure account- a Constitutional Council to make ap- with prosecutorial work, evidence- ability for financial crimes even for the

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3923 most influential and powerful individ- Likewise, the U.S. Congress has long Graham is not alone among the many aspir- uals, to end impunity at any level. It sought to support democracy, developing Republican presidential candidates. Not has established a Stolen Assets Recov- ment, human rights, and the rule of only do they want us to believe the world is ery Task Force for this purpose. The law in Sri Lanka. A close friend of falling apart. They also want us to believe it’s not their fault. United States is prepared to assist mine, the late James W. Spain, one of As Robert Costa wrote in the Washington these efforts and those of civil society our most able diplomats, served as our Post, ‘‘One by one, nearly a dozen GOP hope- to combat corruption. Ambassador in Colombo from 1985 to fuls took the stage (in Des Moines Iowa) for These are very encouraging steps for 1988. He was a devoted friend of Sri a Lincoln dinner, each different in style and which we should commend President Lanka. I look forward to doing what I stature but all joining a rising Republican Sirisena. They should have been car- can to assist the Secretary and the chorus that lays blame for the Islamic State ried out by the previous government, Sirisena government, on behalf of all terrorist group squarely at the feet of Presi- but instead former President dent Barack Obama.’’ Senator Lindsey Gra- the people of Sri Lanka, in the months ham said to cheers, ‘‘If you fought in Iraq, it Rajapaksa and his brothers Basil and ahead. Gotabhaya, and their close associates, worked. It’s not your fault it’s going to hell. f It’s Obama’s fault.’’ sought to dismantle the institutions of The Islamic State is but one of the Middle democracy, subvert the rule of law, and IRAQ WAR’S IMPACT ON CURRENT East’s problems of recent years. The hopes enrich themselves. Rather than sup- NATIONAL SECURITY THREATS for a more democratic region engendered by port reconciliation, they encouraged Mr. LEAHY. Mr. President, we have the Arab Spring, have been dashed. Egypt is corruption and exacerbated ethnic, re- the benefit of looking through the lens now more of a military dictatorship than it ligious, and political divisions. of history to learn from past mistakes was under President Hosni Mubarak. With- out dictator Muammar Gaddafi, Libya is now Of course, these are only first steps, in the hopes of making more informed and there have been others that raise awash with weapons, without a functioning decisions for the future. No example is government and ruled by tribes. Syria is still questions about the government’s in- more relevant today than the unin- tentions. For example, MG Jagath in the throes of a three year unresolved civil tended effects of the 2003 invasion of war, with an estimated 150,000, dead. As Iran Dias, who was appointed the new Army Iraq, and their bearing on the threats and Saudi Arabia violently vie for domi- Chief of Staff, commanded a regiment of today. I opposed that war from the nance in Lebanon, Syria, Iraq and Yemen, that took part in the final battles of beginning, and we have paid, and con- indisputably the Middle East is more unsta- the war that were marked by wide- tinue to pay, a tremendous price—in ble than it was seven years ago. spread abuses including summary exe- Yet just as the world economy was in a American lives, in the unfathomable cutions of prisoners and in which deep depression after the market crash of ’08, expense of taxpayer dollars, and in the countless civilians died, reportedly when Obama took office so too was the Mid- escalation of strife in that region, and from government artillery shelling. If dle East in turmoil—mostly because of the beyond. 2003 American invasion of Iraq. the Sri Lankan government is serious There is no doubt that the terrorists As they seek to shift the blame of Iraq, about addressing the crimes of the past of the Islamic State of Iraq and the Le- which just last year conservative pundit it will need to take up allegations vant, ISIL, have emerged from Al George Will wrote was ‘‘the worst foreign against senior officers like General policy decision in U.S. history,’’ Republicans Qaeda in Iraq, seizing upon instability, Dias. Failing to address the role of sen- are asking us to forget the past. I don’t weak institutions, ethnic fractions, ior military commanders, in particular doubt that some already have. In the era of and general hostility toward Western those who still serve, would seriously Twitter, YouTube and Instagram, seven forces that resulted from the post-9/11 weaken the government’s credibility. years may seem like an eternity. But not ev- Most immediately, the government’s Iraq invasion. Our personnel, allies, eryone will forget. and interests abroad face significant Former Florida Governor Jeb Bush found challenge is to hold parliamentary this out on a recent campaign stop, when Ivy elections as soon as possible. Once a threats from this terrorist group, which have arisen out of the ill-con- Ziedrich, a Nevada college student con- new Parliament is in place the proc- fronted him with the charge, ‘‘Your brother esses of reconciliation, reconstruction, ceived invasion of Iraq. created ISIS.’’ Bush’s response was, ‘‘ISIS reform, and accountability can proceed We can be proud of the bravery, dedi- didn’t exist when my brother was president.’’ apace. cation, and sacrifice of our soldiers and It is accurate that the name Islamic State After the elections, President their families. They are not at fault for was not in use during the George W. Bush Sirisena’s government will need to the complex situation in which we now presidency. But the movement that later became ISIS was a direct result of the Amer- work closely with the United Nations find ourselves. They served our Nation dutifully, and for that we are grateful. ican invasion. That group called itself ‘‘al on plans to address the legacy of past Qaida in Iraq.’’ It was led by the fanatic Abu abuses. The U.N. Human Rights Coun- Rather, it serves as a reminder that Musab al-Zarkawi, and was responsible for cil is expected to take up this issue in policymakers cannot act recklessly— hundreds of bombings, kidnappings and be- its September session in Geneva. Thus, especially when taking military ac- headings—yes beheadings—in a reign of ter- the Office of the U.N. High Commis- tion. As we continue to address the ror which made Zarqawi the most wanted sioner for Human Rights needs to re- very real threat that is ISIL, it is as- man in Iraq. His goal was to rid Iraq of for- lease its report before then, as called tounding to me how far in the past the eign forces, and to provoke sectarian conflict for by the U.N. Human Rights Council, hard lessons we learned now appear to between Iraq’s Shiite majority and his own be to some commentators and policy- Sunni Muslim sect. with recommendations for Sri Lanka Zarqawi was killed in an American bomb- and the international community on makers. ing raid in 2006. But nine years ago, the how best to achieve accountability in I ask unanimous consent that a per- Washington Post reported, ‘‘Analysts warned Sri Lanka. The government should ceptive and well-written analysis on that his death may not stem the tide of the wait until the U.N. report is issued be- this subject, written by the distin- insurgency and violence. . . . Zarqawi set up fore finalizing its own plans. guished journalist and former foreign numerous semi-autonomous terrorist cells Secretary of State Kerry’s visit to correspondent Barrie Dunsmore, that across Iraq, many of which could continue Sri Lanka just 4 months after Presi- was published in the Rutland Herald after his death.’’ Indeed they did. And joined by numerous dent Sirisena’s election was not only and the Montpelier (Barre) Times bitter Sunni officers from Saddam Hussein’s symbolic of the revival of relations be- Argus on May 24, 2015, be printed in the army, al-Qaida in Iraq eventually morphed tween our countries, but also illus- RECORD. into the Islamic State in Iraq and Syria trative of the Sri Lankan Govern- There being no objection, the mate- (ISIS.) Its current leader is an Iraqi named ment’s efforts to realign its foreign re- rial was ordered to be printed in the Abu Bakr al Baghdadi, who claims to be the lations more broadly. Over the last 6 RECORD, as follows: caliph (supreme leader) of the new Islamic years, the Obama administration has [From the Rutland Herald and the Montpe- State. demonstrated leadership within the lier (Barre) Times Argus; May 24, 2015] But ISIS is by no means the only bi-product of the American invasion of Iraq. When international community in addressing SHORT MEMORIES Iraqi President Saddam Hussein and his a range of issues in Sri Lanka. The ad- (By Barrie Dunsmore) Sunni dominated regime were overthrown by ministration’s policy should follow the ‘‘I am running because I think the world is American military might, there were no same trajectory and continue to play a falling apart,’’ Sen. Lindsey Graham of happier people than the Shiite mullahs of leadership role. South Carolina said this past week. Senator Iran. Saddam had initiated the bloody eight

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3924 CONGRESSIONAL RECORD — SENATE June 9, 2015 year Iran-Iraq war. Without Saddam on its rington carry out a community service Andrew Hart Dennis, Robert Christopher border to worry about, Iran was now free to project every month, including work- Preite, Justin Richard Cooper, Perry Tyler encourage the Iraqi Shiite majority to as- ing with the Barrington Land Con- Schiff, Peter Southworth Burns, Christopher sume power over their Sunni and Kurdish servation Trust to clear hiking trails, M. Scagos, Ethan A. Selinger, Christopher minorities. Thus a Shiite led Iraq became a Dodd Antonelli, Matthew Evan Gamache, major ally of Iran in its power struggle with contributing food and labor to food Zachary Lucky N. Luther, Benjamin Sunni Saudi Arabia. And that Sunni-Shiite drives across New England, and assist- Mathanie Orrall, Edward Page Codega, battle for regional domination is at the root ing numerous nonprofit organizations Ethan Philip Greene, Edward W. Mercer, of most of the current sectarian violence in throughout Rhode Island. Sean Patrick McMahon, Michael Alan Du- the Middle East. More than 100 Scouts from Troop 6 pont, Gregory James Niguidula, Zachary D. (This reminds me of the credibly sourced have earned the rank of Eagle Scout, Mumbauer, Matthew J. Brown, Ian G. story that surfaced years ago. Evidently the highest achievement in Scouting. Millspaugh. after meeting with the president on the eve They have distinguished themselves as Joshua C. Eller, Matthew K. Greene, Dylan of the Iraq invasion, one of the Iraqi exiles community leaders, service volunteers, A. Vanasse, Marshall M. Heitke, Nicholas K. who strongly encouraged American interven- Sayegh, Andrew R. Anderson, Brandon Pur- tion was nevertheless shocked that Mr. Bush and mentors for their peers. cell, Scott N. Johnson, Alexander Greenberg, did not seem to understand the difference be- As Boy Scouts of America president Robert B. Sasse, Gregory J. Shea, Jonathan tween Sunnis and Shiites.) Dr. Robert M. Gates put it last month W. Cavanagh, Michael Peck, Eric Goodale, But let’s set aside all this troublesome his- in his address to the Boys Scouts Na- Harry J. Lico, William A. Stockhecker. tory. What is it that Republicans want to tional Annual Business Meeting, SCOUTMASTERS OF TROOP 6, BARRINGTON, do—in the future—to resolve the problem of ‘‘Every day, in every community in RHODE ISLAND (1965–2015) the Islamic State? America, scouting is changing the lives William Maney, Rober Litchfield, James Most of them apparently feel that in 2016, of boys and young men teaching them Perreault, Thomas Culhane, Karl Stephens, American voters will want their president to skills and leadership, helping them Edward Fitzgerald, Joseph Jarocki, James get really tough with ISIS. So far, the rhet- build character and integrity.’’ Thanks Halfyard, Cris Brooks, Richard Halladay, oric has been overblown and viable alter- Gary DuPont, Dan Mumbauer, Greg Shea. natives seem in short supply. to its many dedicated leaders, parents, COMMITTEE CHAIRMEN OF TROOP 6, Senator Marco Rubio (R–FLA), when and volunteers, Troop 6 has provided BARRINGTON, RHODE ISLAND (1965–2015) speaking to the Freedom Forum of South boys in Barrington with valuable tools Carolina, used a line from the movie and lifelong leadership skills for a half Roy Ross, Edward Peck, Axel Sorensen, ‘‘Taken’’, in explaining what he would do century. Alan DeWitt, Robert Litchfield, Walter with the terrorists. ‘‘We will look for you. Quertler, Donald Anderson, Joseph Jarocki, I congratulate all the Scouts of Boy Rick Scagos, James Halfyard, Marc We will find you. And we will kill you.’’ Scout Troop 6 and their families on Former Senator Rick Santorum of Penn- Millspaugh, Mike Morrissette.∑ this special anniversary, and I am sylvania said at a recent meeting in Iowa. f ‘‘They want to bring back the 7th century of grateful for their outstanding commit- jihad. So here’s my suggestion: We load up ment to their community, to the State REMEMBERING LAWRENCE GOULD our bombers, and we bomb them back to the of Rhode Island, and to our country. ∑ Mr. KING. Mr. President, I stand be- 7th century.’’ Mr. President, I ask that a list of fore you today in solemn remembrance Senator Graham and most of the other Eagle Scouts, Scoutmasters, and com- of Lawrence Gould, a founding member candidates, seem once again to be under the mittee chairmen of Troop 6 be printed of Camp Sunshine, which is a truly re- sway of the same neo-conservative, tough- in the RECORD. markable and transformative sanc- guy thinking that gave us the Iraq War. The list follows: Presidential wannabes might want to take a tuary for children with life-threatening EAGLE SCOUTS FROM TROOP 6, BARRINGTON, closer look at that war—eight years of fight- illnesses and their families. The camp RHODE ISLAND (1973–2015) ing, at one point with 162,000 U.S. troops on has brought respite, support, hope, and the ground and substantial air and naval James Pazera, Frederick Kennemar, Nor- joy to thousands of families for over support nearby. The cost was at least $2 tril- man Mahoney, Kenneth Pazera, Kurt three decades and will continue to do lion, nearly 4500 Americans killed and hun- Sorenson, Richard Farynyk, Steven M. Ekllund, David Strickland, Brian T. so for years to come. The State of dreds of thousands seriously wounded. Yet Maine has lost a man of true integrity; with all that military might and its enor- Culhane, Paul H. Ryden, Gerritt D. DeWitt, mous costs, the United States did not pre- Gregory J. Amter, Timothy L. Culhane, Jeff Larry was 84. vail. D. Sanders, Jeffrey J. DiSandro, Sean M. Larry was an exceptionally intel- Davis, Erich G. Stephens, Julio Friedman, ligent and hard-working man who f John W. Rosevear, Jr., Anthony DeSpirto III. found countless successes in life. ADDITIONAL STATEMENTS Dennis J. Wajda, Robert W. Weaver, Kurt Equipped with a Ph.D. from the Massa- Frederich Stephens, David B. Ryden, Ken- neth F. Wajda, Bryce T. Hall, Brian H. chusetts Institute of Technology at the Darakyan, Arieh Daniel Lowenstein, Tim- age of 24, he went on to become presi- RECOGNIZING THE 50TH ANNIVER- dent, chairman, and CEO of M/A-Com, SARY OF BOY SCOUT TROOP 6 othy A. Jarocki, Bryan J. Tamburro, Patrick Dolan Mara, Nathaniel H. Wetherbee, Robert Inc., a Fortune 500 company. After es- OF BARRINGTON, RHODE ISLAND J. Wilbur, Matthew David Mueller, William tablishing himself as a prominent and ∑ Mr. WHITEHOUSE. Mr. President, as R. Thompson, Robert Andrew Mueller, distinguished businessman, Larry de- the Boy Scout Law tells us, ‘‘A Scout Brendan Scott Mara, Scott R. Goff, Jona- veloped Point Sebago Resort, in Casco, is trustworthy, loyal, helpful, friendly, than Thomas Belmont, Matthew Anton ME—considered the first resort camp- Steger. courteous, kind, obedient, cheerful, Dereck Glenn Dowler, Peter Anthony ground in the country. thrifty, brave, clean, and reverent.’’ DeLuca, James Alberts Charnley, Daniel V. Upon stepping down as chair of M/A- These values are always worth remem- Fitzgerald, Thomas Joseph Jarocki, Paul R Com, Inc. in 1983, Larry and his wife bering. Even 8 out of 12 is an achieve- Gladney, Jr., Gregory F. Zavota, Thomas Jo- Anna sought to share their successes ment. We all know people who don’t seph Peck, Jonathan Flynn Horton, Jona- with others and turned their dedication get to six on their best day. than Matthew Webb, James Flynn Horton, and devotion to charitable endeavors. For 50 years, boys and young men Donald Lloyd Curtin, Adam Crawley, Sean A year later, Point Sebago Resort have built these important traits under M. Hackett, Alexander Robert Pease, Mi- opened its doors to 43 children and the direction of Boy Scout Troop 6 chael Anastasia, Alexander G. Raufi, Mat- thew John Lensing, Robert James Peck, their families, and the program was from Barrington, RI, part of the Narra- Colin Black. met with resounding enthusiasm from gansett Council of the Boy Scouts of Patrick James Brickley, Jared Alexander its pilot participants. Thus Camp Sun- America. The programs and traditions Luther, Shane Barclay VanDeusen, Matthew shine was created. of Troop 6 help Scouts build moral Paul Maloney, Bradley Russell Holtz, Chris- Over the years, more and more med- fiber, engender responsible citizenship, topher C. Hoy, Andrew Thies, Joseph M. ical centers began referring their pa- and develop maturity and physical fit- Codega, Brett Comer, Jonathon Scagos, Ben- tients to Camp Sunshine. The camp’s ness. jamin Glatter, Patrick Ryan McAree, Greg- extraordinary emotional and medical ory Andrew Wright, Michael Jeffrey Oberg, Over the years, the troop has orga- Steven George Mercer, Ryan Joseph Hurley, support played a momentous role in nized or participated in countless ac- Michael Bryan Brooks, Michael Brian the well-being of the children who tivities that have helped the commu- Brickley, Christopher W. Halladay, Patrick spent their summers on the shores of nity at large. Scouts from Troop 6 Bar- W. Halladay. Lake Sebago. As the camp became

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3925 widely revered in the medical commu- By Mr. CASSIDY (for himself, Mr. ADDITIONAL COSPONSORS MCCONNELL, Mr. CORNYN, Ms. COL- nity, Larry knew he needed to expand S. 145 LINS, Mr. INHOFE, Mr. COATS, Mr. and find a permanent home for Camp At the request of Mr. FLAKE, the Sunshine. In 2001, the Goulds donated ROUNDS, Mr. VITTER, Mrs. CAPITO, and Mr. WICKER): name of the Senator from New Mexico 24 acres of land adjacent to Point Se- S. 1531. A bill to reform the provision of (Mr. HEINRICH) was added as a cospon- bago. Camp Sunshine was now open health insurance coverage by promoting sor of S. 145, a bill to require the Direc- year-round. Since then, the Goulds health savings accounts, State-based alter- tor of the National Park Service to re- have continued to strengthen Camp natives to coverage under the Affordable fund to States all State funds that Sunshine’s services while ensuring that Care Act, and price transparency, in order to were used to reopen and temporarily their families can attend free of promote a more market-based health care operate a unit of the National Park charge. system, and for other purposes; to the Com- mittee on Finance. System during the October 2013 shut- Larry’s idea for a camp that provides By Mrs. MURRAY (for herself, Mrs. down. respite and psychosocial support for BOXER, Mrs. SHAHEEN, Mr. REID, Mr. S. 218 sick children was the first of its kind BLUMENTHAL, Ms. BALDWIN, Mr. BEN- At the request of Mr. ENZI, the name in the United States and is emblematic NET, Mr. BOOKER, Mr. BROWN, Ms. of the Senator from Illinois (Mr. KIRK) of his nature as a visionary philan- CANTWELL, Mr. CARDIN, Mr. DURBIN, was added as a cosponsor of S. 218, a thropist. His passion for improving the Mrs. FEINSTEIN, Mrs. GILLIBRAND, Mr. bill to facilitate emergency medical lives of those children and families who HEINRICH, Ms. HIRONO, Mr. KAINE, Ms. services personnel training and certifi- have stayed at Camp Sunshine is felt KLOBUCHAR, Mr. LEAHY, Mrs. MCCAS- cation curriculums for veterans. KILL, Mr. MERKLEY, Ms. MIKULSKI, by all who knew him. In continuing to S. 311 Mr. MURPHY, Mr. SANDERS, Mr. carry out Larry’s mission, I am sure SCHATZ, Mr. SCHUMER, Mr. FRANKEN, At the request of Mr. CASEY, the that Camp Sunshine’s dedicated staff Ms. STABENOW, Ms. WARREN, Mr. name of the Senator from New York will also carry on his earnest enthu- WYDEN, and Mr. MENENDEZ): (Mr. SCHUMER) was added as a cospon- siasm for helping those around him. S. 1532. A bill to ensure timely access to af- sor of S. 311, a bill to amend the Ele- Through his tireless efforts, Larry affordable birth control for women; to the mentary and Secondary Education Act fected countless lives. I am deeply sad- Committee on Health, Education, Labor, and of 1965 to address and take action to Pensions. prevent bullying and harassment of dened by his passing, but I know that By Mr. BARRASSO: the impact of his work transcends life. S. 1533. A bill to authorize the Secretary of students. His firm devotion to the betterment the Interior to coordinate Federal and State S. 313 and care of Camp Sunshine’s children permitting processes related to the construc- At the request of Mr. GRASSLEY, the will never be forgotten. I, along with tion of new surface water storage projects on name of the Senator from West Vir- all the people of Maine, am thankful lands under the jurisdiction of the Secretary ginia (Mrs. CAPITO) was added as a co- for his immeasurable contributions to of the Interior and the Secretary of Agri- sponsor of S. 313, a bill to amend title our State and the Nation.∑ culture and to designate the Bureau of Rec- XVIII of the Social Security Act to add lamation as the lead agency for permit proc- physical therapists to the list of pro- f essing, and for other purposes; to the Com- viders allowed to utilize locum tenens EXECUTIVE REPORTS OF mittee on Energy and Natural Resources. By Mr. CORNYN: arrangements under Medicare. COMMITTEE S. 1534. A bill to require the Secretary of At the request of Mr. CASEY, the The following executive reports of Veterans Affairs to ensure that the medical name of the Senator from Colorado nominations were submitted: center of the Department of Veterans Affairs (Mr. BENNET) was added as a cosponsor located in Harlingen, Texas, includes a full- By Mr. ISAKSON for the Committee on of S. 313, supra. service inpatient health care facility, to re- Veterans’ Affairs. S. 439 designate such medical center, and for other *LaVerne Horton Council, of New Jersey, At the request of Mr. FRANKEN, the purposes; to the Committee on Veterans’ Af- to be an Assistant Secretary of Veterans Af- fairs. name of the Senator from New Mexico fairs (Information and Technology). (Mr. HEINRICH) was added as a cospon- *David J. Shulkin, of Pennsylvania, to be f sor of S. 439, a bill to end discrimina- Under Secretary for Health of the Depart- SUBMISSION OF CONCURRENT AND tion based on actual or perceived sex- ment of Veterans Affairs. SENATE RESOLUTIONS ual orientation or gender identity in *Nomination was reported with rec- The following concurrent resolutions public schools, and for other purposes. ommendation that it be confirmed sub- and Senate resolutions were read, and S. 491 ject to the nominee’s commitment to referred (or acted upon), as indicated: At the request of Ms. KLOBUCHAR, the respond to requests to appear and tes- name of the Senator from North Da- tify before any duly constituted com- By Mr. BLUNT (for himself, Mrs. MCCASKILL, Mr. COCHRAN, Mr. kota (Ms. HEITKAMP) was added as a co- mittee of the Senate. WICKER, Mr. BROWN, Mr. PORTMAN, sponsor of S. 491, a bill to lift the trade f Mr. DURBIN, Mr. KIRK, Mr. SCHUMER, embargo on Cuba. and Mrs. GILLIBRAND): S. 546 INTRODUCTION OF BILLS AND S. Res. 195. A resolution designating the JOINT RESOLUTIONS At the request of Ms. HEITKAMP, the Ulysses S. Grant Association as the organi- name of the Senator from Iowa (Mrs. The following bills and joint resolu- zation to implement the bicentennial celebration of the birth of Ulysses S. Grant, Civil ERNST) was added as a cosponsor of S. tions were introduced, read the first 546, a bill to establish the Railroad and second times by unanimous con- War General and 2-term President of the United States; to the Committee on the Ju- Emergency Services Preparedness, sent, and referred as indicated: diciary. Operational Needs, and Safety Evalua- By Ms. HIRONO (for herself and Mr. By Mr. BURR (for himself and Mr. tion (RESPONSE) Subcommittee under WYDEN): TESTER): the Federal Emergency Management S. 1528. A bill to improve energy savings by S. Res. 196. A resolution designating July Agency’s National Advisory Council to the Department of Defense, and for other 10, 2015, as Collector Car Appreciation Day provide recommendations on emer- purposes; to the Committee on Armed Serv- and recognizing that the collection and res- ices. toration of historic and classic cars is an im- gency responder training and resources By Mr. DURBIN (for himself, Mr. portant part of preserving the technological relating to hazardous materials inci- WHITEHOUSE, Mr. BLUMENTHAL, Mr. achievements and cultural heritage of the dents involving railroads, and for other MURPHY, Mr. REED, and Mrs. BOXER): United States; considered and agreed to. purposes. S. 1529. A bill to promote the tracing of By Mr. BLUMENTHAL (for himself, S. 586 firearms used in crimes, and for other pur- Ms. AYOTTE, Mr. MURPHY, Mr. At the request of Mrs. SHAHEEN, the poses; to the Committee on the Judiciary. MENENDEZ, Mr. BROWN, and Mr. name of the Senator from North Caro- By Ms. MIKULSKI (for herself and Mr. SCHATZ): lina (Mr. BURR) was added as a cospon- CARDIN): S. Res. 197. A resolution recognizing the S. 1530. A bill to renew certain Moving to need to improve physical access to many fed- sor of S. 586, a bill to amend the Public Work agreements for a period of 10 years; to erally funded facilities for all people of the Health Service Act to foster more ef- the Committee on Banking, Housing, and United States, particularly people with dis- fective implementation and coordina- Urban Affairs. abilities; considered and agreed to. tion of clinical care for people with

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3926 CONGRESSIONAL RECORD — SENATE June 9, 2015 pre-diabetes, diabetes, and the chronic (Ms. STABENOW) was added as a cospon- (Mr. VITTER) was added as a cosponsor diseases and conditions that result sor of S. 1083, a bill to amend title of S. 1500, a bill to clarify Congres- from diabetes. XVIII of the Social Security Act to re- sional intent regarding the regulation S. 637 quire drug manufacturers to provide of the use of pesticides in or near navi- At the request of Mr. CRAPO, the drug rebates for drugs dispensed to gable waters, and for other purposes. name of the Senator from West Vir- low-income individuals under the Medi- S. 1512 ginia (Mrs. CAPITO) was added as a co- care prescription drug benefit program. At the request of Mr. CASEY, the sponsor of S. 637, a bill to amend the S. 1140 names of the Senator from Wisconsin Internal Revenue Code of 1986 to extend At the request of Mr. BARRASSO, the (Ms. BALDWIN), the Senator from Vir- and modify the railroad track mainte- name of the Senator from Iowa (Mrs. ginia (Mr. KAINE), the Senator from nance credit. ERNST) was added as a cosponsor of S. Massachusetts (Mr. MARKEY) and the S. 705 1140, a bill to require the Secretary of Senator from Massachusetts (Ms. WAR- At the request of Mr. UDALL, his the Army and the Administrator of the REN) were added as cosponsors of S. name was added as a cosponsor of S. Environmental Protection Agency to 1512, a bill to eliminate discrimination 705, a bill to amend section 213 of title propose a regulation revising the defi- and promote women’s health and eco- 23, United States Code, relating to the nition of the term ‘‘waters of the nomic security by ensuring reasonable Transportation Alternatives Program. United States’’, and for other purposes. workplace accommodations for work- S. 746 S. 1170 ers whose ability to perform the func- At the request of Mr. WHITEHOUSE, At the request of Mrs. FEINSTEIN, the tions of a job are limited by pregnancy, the name of the Senator from Vermont name of the Senator from Nevada (Mr. childbirth, or a related medical condi- (Mr. SANDERS) was added as a cospon- REID) was added as a cosponsor of S. tion. sor of S. 746, a bill to provide for the es- 1170, a bill to amend title 39, United S. CON. RES. 17 tablishment of a Commission to Accel- States Code, to extend the authority of At the request of Mr. ROUNDS, the erate the End of Breast Cancer. the United States Postal Service to name of the Senator from Georgia (Mr. S. 763 issue a semipostal to raise funds for ISAKSON) was added as a cosponsor of S. At the request of Mr. REED, the name breast cancer research, and for other Con. Res. 17, a concurrent resolution of the Senator from New York (Mr. purposes. establishing a joint select committee SCHUMER) was added as a cosponsor of S. 1316 to address regulatory reform. S. 763, a bill to amend title XII of the At the request of Ms. MURKOWSKI, the AMENDMENT NO. 1521 Public Health Service Act to reauthor- name of the Senator from Alaska (Mr. ize certain trauma care programs, and At the request of Mr. REED, the SULLIVAN) was added as a cosponsor of names of the Senator from Maryland for other purposes. S. 1316, a bill to provide for the reten- (Ms. MIKULSKI), the Senator from Or- S. 797 tion and future use of certain land in egon (Mr. MERKLEY), the Senator from At the request of Mr. BOOKER, the Point Spencer, Alaska, to support the New Mexico (Mr. UDALL), the Senator name of the Senator from Nevada (Mr. mission of the Coast Guard, to convey from Vermont (Mr. LEAHY), the Sen- HELLER) was added as a cosponsor of S. certain land in Point Spencer to the ator from Indiana (Mr. DONNELLY), the 797, a bill to amend the Railroad Revi- Bering Straits Native Corporation, to talization and Regulatory Reform Act Senator from California (Mrs. BOXER), convey certain land in Point Spencer the Senator from New Jersey (Mr. of 1976, and for other purposes. to the State of Alaska, and for other MENENDEZ), the Senator from New Jer- S. 804 purposes. sey (Mr. BOOKER), the Senator from At the request of Mrs. SHAHEEN, the S. 1380 name of the Senator from New York California (Mrs. FEINSTEIN), the Sen- At the request of Mrs. MURRAY, the ator from Maryland (Mr. CARDIN), the (Mrs. GILLIBRAND) was added as a co- name of the Senator from Montana sponsor of S. 804, a bill to amend title Senator from Minnesota (Ms. KLO- (Mr. TESTER) was added as a cosponsor XVIII of the Social Security Act to BUCHAR), the Senator from Michigan of S. 1380, a bill to support early learn- (Mr. PETERS) and the Senator from Or- specify coverage of continuous glucose ing. monitoring devices, and for other pur- egon (Mr. WYDEN) were added as co- S. 1407 poses. sponsors of amendment No. 1521 pro- At the request of Mr. HELLER, the posed to H.R. 1735, an act to authorize S. 843 name of the Senator from Montana appropriations for fiscal year 2016 for At the request of Mr. BROWN, the (Mr. DAINES) was added as a cosponsor military activities of the Department name of the Senator from Pennsyl- of S. 1407, a bill to promote the devel- of Defense, for military construction, vania (Mr. CASEY) was added as a co- opment of renewable energy on public and for defense activities of the De- sponsor of S. 843, a bill to amend title land, and for other purposes. partment of Energy, to prescribe mili- XVIII of the Social Security Act to tary personnel strengths for such fiscal count a period of receipt of outpatient S. 1421 year, and for other purposes. observation services in a hospital to- At the request of Mr. HATCH, the ward satisfying the 3-day inpatient name of the Senator from South Caro- AMENDMENT NO. 1550 hospital requirement for coverage of lina (Mr. SCOTT) was added as a cospon- At the request of Mrs. SHAHEEN, the skilled nursing facility services under sor of S. 1421, a bill to amend the Fed- name of the Senator from Montana Medicare. eral Food, Drug, and Cosmetic Act to (Mr. TESTER) was added as a cosponsor S. 901 authorize a 6-month extension of cer- of amendment No. 1550 intended to be At the request of Mr. MORAN, the tain exclusivity periods in the case of proposed to H.R. 1735, an act to author- name of the Senator from New York approved drugs that are subsequently ize appropriations for fiscal year 2016 (Mr. SCHUMER) was added as a cospon- approved for a new indication to pre- for military activities of the Depart- sor of S. 901, a bill to establish in the vent, diagnose, or treat a rare disease ment of Defense, for military construc- Department of Veterans Affairs a na- or condition, and for other purposes. tion, and for defense activities of the tional center for research on the diag- S. 1495 Department of Energy, to prescribe nosis and treatment of health condi- At the request of Mr. TOOMEY, the military personnel strengths for such tions of the descendants of veterans ex- name of the Senator from Alabama fiscal year, and for other purposes. posed to toxic substances during serv- (Mr. SESSIONS) was added as a cospon- AMENDMENT NO. 1557 ice in the Armed Forces that are re- sor of S. 1495, a bill to curtail the use At the request of Mr. DURBIN, the lated to that exposure, to establish an of changes in mandatory programs af- name of the Senator from New York advisory board on such health condi- fecting the Crime Victims Fund to in- (Mrs. GILLIBRAND) was added as a co- tions, and for other purposes. flate spending. sponsor of amendment No. 1557 in- S. 1083 S. 1500 tended to be proposed to H.R. 1735, an At the request of Mr. NELSON, the At the request of Mr. CRAPO, the act to authorize appropriations for fis- name of the Senator from Michigan name of the Senator from Louisiana cal year 2016 for military activities of

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3927 the Department of Defense, for mili- AMENDMENT NO. 1615 Hampshire (Mrs. SHAHEEN) was added tary construction, and for defense ac- At the request of Mr. CASEY, the as a cosponsor of amendment No. 1656 tivities of the Department of Energy, name of the Senator from Montana intended to be proposed to H.R. 1735, an to prescribe military personnel (Mr. TESTER) was added as a cosponsor act to authorize appropriations for fis- strengths for such fiscal year, and for of amendment No. 1615 intended to be cal year 2016 for military activities of other purposes. proposed to H.R. 1735, an act to author- the Department of Defense, for mili- AMENDMENT NO. 1558 ize appropriations for fiscal year 2016 tary construction, and for defense ac- At the request of Mr. DURBIN, the for military activities of the Depart- tivities of the Department of Energy, name of the Senator from New York ment of Defense, for military construc- to prescribe military personnel (Mrs. GILLIBRAND) was added as a co- tion, and for defense activities of the strengths for such fiscal year, and for sponsor of amendment No. 1558 in- Department of Energy, to prescribe other purposes. tended to be proposed to H.R. 1735, an military personnel strengths for such AMENDMENT NO. 1669 act to authorize appropriations for fis- fiscal year, and for other purposes. At the request of Mr. BOOZMAN, the cal year 2016 for military activities of AMENDMENT NO. 1619 names of the Senator from West Vir- the Department of Defense, for mili- At the request of Mrs. SHAHEEN, the ginia (Mrs. CAPITO), the Senator from tary construction, and for defense ac- name of the Senator from New York Delaware (Mr. COONS), the Senator tivities of the Department of Energy, (Mrs. GILLIBRAND) was added as a co- from Iowa (Mr. GRASSLEY), the Senator to prescribe military personnel sponsor of amendment No. 1619 in- from Kansas (Mr. ROBERTS), the Sen- strengths for such fiscal year, and for tended to be proposed to H.R. 1735, an ator from Michigan (Ms. STABENOW) other purposes. act to authorize appropriations for fis- and the Senator from Montana (Mr. AMENDMENT NO. 1559 cal year 2016 for military activities of TESTER) were added as cosponsors of At the request of Mr. DURBIN, the the Department of Defense, for mili- amendment No. 1669 intended to be pro- name of the Senator from Massachu- tary construction, and for defense ac- posed to H.R. 1735, an act to authorize setts (Ms. WARREN) was added as a co- tivities of the Department of Energy, appropriations for fiscal year 2016 for sponsor of amendment No. 1559 pro- to prescribe military personnel military activities of the Department posed to H.R. 1735, an act to authorize strengths for such fiscal year, and for of Defense, for military construction, appropriations for fiscal year 2016 for other purposes. and for defense activities of the De- military activities of the Department AMENDMENT NO. 1628 partment of Energy, to prescribe mili- of Defense, for military construction, At the request of Ms. AYOTTE, the tary personnel strengths for such fiscal and for defense activities of the De- names of the Senator from New York year, and for other purposes. partment of Energy, to prescribe mili- (Mrs. GILLIBRAND), the Senator from AMENDMENT NO. 1690 tary personnel strengths for such fiscal Arkansas (Mr. BOOZMAN), the Senator At the request of Mr. CARDIN, the year, and for other purposes. from Missouri (Mr. BLUNT), the Senator name of the Senator from Illinois (Mr. AMENDMENT NO. 1564 from South Dakota (Mr. ROUNDS), the DURBIN) was added as a cosponsor of At the request of Mr. BLUMENTHAL, Senator from Utah (Mr. HATCH) and the amendment No. 1690 intended to be pro- the names of the Senator from Illinois Senator from Illinois (Mr. KIRK) were posed to H.R. 1735, an act to authorize (Mr. DURBIN), the Senator from Rhode added as cosponsors of amendment No. appropriations for fiscal year 2016 for Island (Mr. REED), the Senator from 1628 intended to be proposed to H.R. military activities of the Department Rhode Island (Mr. WHITEHOUSE) and the 1735, an act to authorize appropriations of Defense, for military construction, Senator from Washington (Mrs. MUR- for fiscal year 2016 for military activi- and for defense activities of the De- RAY) were added as cosponsors of ties of the Department of Defense, for partment of Energy, to prescribe mili- amendment No. 1564 proposed to H.R. military construction, and for defense tary personnel strengths for such fiscal 1735, an act to authorize appropriations activities of the Department of Energy, year, and for other purposes. for fiscal year 2016 for military activi- to prescribe military personnel AMENDMENT NO. 1704 ties of the Department of Defense, for strengths for such fiscal year, and for At the request of Mr. DURBIN, the military construction, and for defense other purposes. names of the Senator from Wisconsin activities of the Department of Energy, AMENDMENT NO. 1647 (Ms. BALDWIN) and the Senator from to prescribe military personnel At the request of Mr. MERKLEY, the Massachusetts (Mr. MARKEY) were strengths for such fiscal year, and for name of the Senator from Montana added as cosponsors of amendment No. other purposes. (Mr. TESTER) was added as a cosponsor 1704 intended to be proposed to H.R. AMENDMENT NO. 1584 of amendment No. 1647 intended to be 1735, an act to authorize appropriations At the request of Mr. MURPHY, the proposed to H.R. 1735, an act to author- for fiscal year 2016 for military activi- name of the Senator from Wisconsin ize appropriations for fiscal year 2016 ties of the Department of Defense, for (Ms. BALDWIN) was added as a cospon- for military activities of the Depart- military construction, and for defense sor of amendment No. 1584 intended to ment of Defense, for military construc- activities of the Department of Energy, be proposed to H.R. 1735, an act to au- tion, and for defense activities of the to prescribe military personnel thorize appropriations for fiscal year Department of Energy, to prescribe strengths for such fiscal year, and for 2016 for military activities of the De- military personnel strengths for such other purposes. partment of Defense, for military con- fiscal year, and for other purposes. AMENDMENT NO. 1725 struction, and for defense activities of AMENDMENT NO. 1652 At the request of Mr. WICKER, the the Department of Energy, to prescribe At the request of Mrs. SHAHEEN, the name of the Senator from Mississippi military personnel strengths for such names of the Senator from Wisconsin (Mr. COCHRAN) was added as a cospon- fiscal year, and for other purposes. (Ms. BALDWIN) and the Senator from sor of amendment No. 1725 intended to AMENDMENT NO. 1614 Montana (Mr. TESTER) were added as be proposed to H.R. 1735, an act to au- At the request of Mr. CASEY, the cosponsors of amendment No. 1652 in- thorize appropriations for fiscal year name of the Senator from New York tended to be proposed to H.R. 1735, an 2016 for military activities of the De- (Mrs. GILLIBRAND) was added as a co- act to authorize appropriations for fis- partment of Defense, for military con- sponsor of amendment No. 1614 in- cal year 2016 for military activities of struction, and for defense activities of tended to be proposed to H.R. 1735, an the Department of Defense, for mili- the Department of Energy, to prescribe act to authorize appropriations for fis- tary construction, and for defense ac- military personnel strengths for such cal year 2016 for military activities of tivities of the Department of Energy, fiscal year, and for other purposes. the Department of Defense, for mili- to prescribe military personnel AMENDMENT NO. 1752 tary construction, and for defense ac- strengths for such fiscal year, and for At the request of Mr. HEINRICH, the tivities of the Department of Energy, other purposes. names of the Senator from South Da- to prescribe military personnel AMENDMENT NO. 1656 kota (Mr. ROUNDS) and the Senator strengths for such fiscal year, and for At the request of Mr. WHITEHOUSE, from Oregon (Mr. WYDEN) were added other purposes. the name of the Senator from New as cosponsors of amendment No. 1752

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3928 CONGRESSIONAL RECORD — SENATE June 9, 2015 intended to be proposed to H.R. 1735, an There being no objection, the text of based alternatives to coverage under act to authorize appropriations for fis- the bill was ordered to be printed in the Affordable Care Act, and price cal year 2016 for military activities of the RECORD, as follows: transparency, in order to promote a the Department of Defense, for mili- S. 1529 more market-based health care system, tary construction, and for defense ac- Be it enacted by the Senate and House of Rep- and for other purposes; to the Com- tivities of the Department of Energy, resentatives of the United States of America in mittee on Finance. to prescribe military personnel Congress assembled, Mr. CASSIDY. Mr. President, the Su- strengths for such fiscal year, and for SECTION 1. SHORT TITLE. preme Court is about to rule on King v. other purposes. This Act may be cited as the ‘‘Crime Gun Burwell. This decision is a question of AMENDMENT NO. 1798 Tracing Act of 2015’’. a plain reading of the law, which is At the request of Mrs. BOXER, the SEC. 2. DEFINITION. that subsidies shall only be given to names of the Senator from Michigan Section 1709 of the Omnibus Crime Control those who reside in States which have (Ms. STABENOW) and the Senator from and Safe Streets Act of 1968 (42 U.S.C. 3796dd– established State exchanges. That is California (Mrs. FEINSTEIN) were added 8) is amended by— the plain reading of the law. The ad- as cosponsors of amendment No. 1798 (1) redesignating paragraphs (1) through (4) ministration maintains that, no, intended to be proposed to H.R. 1735, an as paragraphs (2) through (5), respectively; ‘‘States’’ doesn’t mean ‘‘States,’’ but, act to authorize appropriations for fis- and rather, it can be an exchange set up ei- (2) inserting before paragraph (2), as redes- ther by the State or the Federal Gov- cal year 2016 for military activities of ignated, the following: the Department of Defense, for mili- ‘‘(1) ‘Bureau’ means the Bureau of Alcohol, ernment. tary construction, and for defense ac- Tobacco, Firearms, and Explosives.’’. Presuming the Supreme Court decides that a plain reading of the law is tivities of the Department of Energy, SEC. 3. INCENTIVES FOR TRACING FIREARMS to prescribe military personnel USED IN CRIMES. correct—that for a resident of a State strengths for such fiscal year, and for Section 1701 of the Omnibus Crime Control to receive a subsidy, they have to re- other purposes. and Safe Streets Act of 1968 (42 U.S.C. 3796dd) side in a State that has established an AMENDMENT NO. 1799 is amended by striking subsection (c) and in- exchange—there are 37 States in which At the request of Mrs. BOXER, the serting the following: those currently receiving subsidies will name of the Senator from Montana ‘‘(c) PREFERENTIAL CONSIDERATION OF AP- lose their subsidies. This is important PLICATIONS FOR CERTAIN GRANTS.—In award- (Mr. TESTER) was added as a cosponsor because under ObamaCare we have seen ing grants under this part, the Attorney a dramatic increase in the cost of of amendment No. 1799 intended to be General, where feasible— proposed to H.R. 1735, an act to author- ‘‘(1) may give preferential consideration to health insurance premiums. So many ize appropriations for fiscal year 2016 an application for hiring and rehiring addi- people who formerly would have been for military activities of the Depart- tional career law enforcement officers that able to afford an insurance premium no ment of Defense, for military construc- involves a non-Federal contribution exceed- longer can without the subsidy. What tion, and for defense activities of the ing the 25-percent minimum under sub- this means for that person in a State Department of Energy, to prescribe section (g); and such as Louisiana is there will be military personnel strengths for such ‘‘(2) shall give preferential consideration to someone in the middle of chemo- fiscal year, and for other purposes. an application submitted by an applicant therapy who can no longer afford their that has reported all firearms recovered dur- insurance without a subsidy. The in- AMENDMENT NO. 1811 ing the previous 12 months by the applicant At the request of Mr. HATCH, the at a crime scene or during the course of a surance has been made so high because name of the Senator from Oklahoma criminal investigation to the Bureau for the of ObamaCare that that patient is no (Mr. LANKFORD) was added as a cospon- purpose of tracing, or to a State agency that longer able to afford her insurance and sor of amendment No. 1811 intended to reports such firearms to the Bureau for the she is at risk of losing her coverage be- be proposed to H.R. 1735, an act to au- purpose of tracing.’’. cause the administration illegally im- thorize appropriations for fiscal year SEC. 4. REPORTING OF FIREARM TRACING BY AP- plemented the law. 2016 for military activities of the De- PLICANTS FOR COMMUNITY ORI- This is where we are going into the ENTED POLICING SERVICES Supreme Court decision. Let me kind partment of Defense, for military con- GRANTS. struction, and for defense activities of Section 1702(c) of the Omnibus Crime Con- of now start on a different tack. the Department of Energy, to prescribe trol and Safe Streets Act of 1968 (42 U.S.C. The President’s health care law, military personnel strengths for such 3796dd–1(c)) is amended— ObamaCare, the Affordable Care Act, fiscal year, and for other purposes. (1) in paragraph (10), by striking ‘‘and’’ at has continued to be singularly unpopu- AMENDMENT NO. 1855 the end; lar. A recent ABC poll showed that At the request of Mr. DURBIN, the (2) in paragraph (11), by striking the period only 39 percent of Americans approved name of the Senator from New York at the end and inserting ‘‘; and’’; and of the law. That is an alltime low—10 (3) by adding at the end the following: (Mrs. GILLIBRAND) was added as a co- percent lower than it has been. ‘‘(12) specify— One can ask why it would be unpopu- sponsor of amendment No. 1855 in- ‘‘(A) whether the applicant recovered any tended to be proposed to H.R. 1735, an lar and why it would be particularly firearms at a crime scene or during the unpopular now. I think the reason it is act to authorize appropriations for fis- course of a criminal investigation during the cal year 2016 for military activities of 12 months before the submission of the appli- unpopular in general is that the Department of Defense, for mili- cation; ObamaCare is a coercive Federal Gov- tary construction, and for defense ac- ‘‘(B) the number of firearms described in ernment program, that if you don’t tivities of the Department of Energy, subparagraph (A); bend your will to the Federal Govern- to prescribe military personnel ‘‘(C) the number of firearms described in ment, the Federal Government will pe- strengths for such fiscal year, and for subparagraph (A) that were reported to the nalize you. That is not how Americans other purposes. Bureau for tracing, or to a State agency that view their relationship to the Federal reports such firearms to the Bureau for trac- Government. We don’t expect the gov- f ing; and ‘‘(D) the reason why any firearms described ernment to tell us what to do. There STATEMENTS ON INTRODUCED might be income taxes, which we pay, BILLS AND JOINT RESOLUTIONS under subparagraph (A) were not reported to the Bureau for tracing, or to a State agency and there will be drafts in times of war, By Mr. DURBIN (for himself, Mr. that reports such firearms to the Bureau for such as World War II, but in general, WHITEHOUSE, Mr. BLUMENTHAL, tracing.’’. aside from those two things, the Fed- Mr. MURPHY, Mr. REED, and eral Government should just stay out Mrs. BOXER): By Mr. CASSIDY (for himself, of our lives. In this case—ObamaCare— S. 1529. A bill to promote the tracing Mr. MCCONNELL, Mr. CORNYN, the Federal Government gets right in of firearms used in crimes, and for Ms. COLLINS, Mr. INHOFE, Mr. the middle of that which is most per- other purposes; to the Committee on COATS, Mr. ROUNDS, Mr. VITTER, sonal, and that is our health care. the Judiciary. Mrs. CAPITO, and Mr. WICKER): I think the reason ObamaCare is par- Mr. DURBIN. Mr. President, I ask S. 1531. A bill to reform the provision ticularly unpopular now is because of unanimous consent that the text of the of health insurance coverage by pro- the premium increases that have re- bill be printed in the RECORD. moting health savings accounts, State- sulted because of ObamaCare. Here are

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3929 some headlines: CNN, ‘‘Obamacare plant the seeds so that over time other servative goal of equalizing the tax sticker shock: Big rate hikes proposed aspects and eventually the entirety of treatment of those purchasing em- for 2016’’; AP, ‘‘Many health insurers go ObamaCare will be replaced with some- ployer-sponsored insurance as opposed big with initial 2016 rate requests’’; AP thing which gives the patient the to purchasing on their own. power as opposed to a Washington bu- again, ‘‘8 Minnesota Health Plans Pro- The funding goes to the patient. I am reaucrat. pose Big Premium Hikes for 2016’’; the a doctor. I have been working in a pub- New York Times, ‘‘In Vermont, Frus- Let me lay out what we do. King v. lic hospital system for 25 years. I trations Mount Over Affordable Care Burwell goes against the administra- learned working as a physician in both Act’’; and the Washington Post, ‘‘Al- tion. The Supreme Court rules that the the private setting but also principally most half of Obamacare exchanges face law has been implemented illegally. in the public hospital setting that who- financial struggles in the future.’’ States will then have a choice: They In my own State, insurers are asking can either establish a State exchange if ever controls the dollar has the power. for 20 percent increases, and this is on they wish for the status quo of That makes no sense whatsoever. It is top of premium increases that have re- ObamaCare, the State can do nothing, one of the major flaws in ObamaCare. sulted from the previous few years. which means in that State all of Since these subsidies are based upon Indeed, the President likes to speak ObamaCare goes away for the private estimated earnings that are later rec- about how health care costs under insurance market, or they can choose onciled through tax returns, Americans ObamaCare have mitigated—health the Patient Freedom Act, which is the are facing onerous tax liabilities and care costs. Actually, that began in 2007 market-based reform that we think penalties as a consequence. before ObamaCare passed. But since gives the patient the power and not the Let me explain further how this ObamaCare passed, it has been true. bureaucrat. wage-lock occurs, because increasingly Health care costs have not risen as Now let me compare the two. I men- Americans are going to be running into they did in the past. Health insurance tioned how under the Patient Freedom this problem. Let me give you an ex- costs have gone up dramatically. The Act costs are lowered by repealing ample. Last year, the least expensive remarkable story of ObamaCare is that mandates. For example, under premium for a silver plan to cover a 50- there is now no relationship between ObamaCare there is an individual man- year-old individual in Aroostook Coun- health insurance cost and health care date with a coercive penalty. The Pa- ty, ME, cost $6,300 through an Afford- cost. The insurance companies, with tient Freedom Act does not have one. able Care Act exchange. But that, obvi- the regulations imposed by There is an employer mandate penalty. ously, is not what most individuals ObamaCare, are charging far more for Yes, under ObamaCare the employer is pay. Instead, they receive a subsidy insurance than one would expect be- penalized; under the Patient Freedom that phases out based on their esti- cause of the health care costs. Of Act, no. There is the Federal essential mated income. But again, the subsidy course, the President chooses to speak health benefits mandate. Under completely disappears at a sharp cliff of the cost of care, not the cost of pre- ObamaCare, a Washington bureaucrat at 400 percent of the Federal poverty miums, but for the average person, it is tells somebody that which they must level. the cost of premiums which is making purchase. In the Patient Freedom Act, her so frustrated with this law. we return that to the State insurance An individual whose estimated in- That brings us back to King v. commissioner. We do not have these come is just less than this cliff, say, Burwell. At this point, I am offering mandates. I can go on down the list, one that is earning $46,500, will pay 9.5 today, along with several original co- but the reality is that ObamaCare, co- percent of his or her income, or $4,370, sponsors, what we call the Patient ercive mandates; the Patient Freedom for insurance and the rest is covered by Freedom Act. We give patients the Act, no. the Federal tax credits. But if it turns power which ObamaCare took from The money we make available to the out that this individual actually made them, and we give them the power by States we take from the tax credits a bit more than 400 percent of the Fed- lowering the cost. We lower the cost by that ObamaCare would give to those in eral poverty level—let’s say the indi- eliminating the mandates that are part the State—those who are eligible and vidual made $47,000—then, he or she of ObamaCare. We return power over signed up—we take the Medicaid fund- would be on the hook for the entire insurance to the States, with the ra- ing that would be available in the $6,300 premium. In other words, a 50- tionale that she who governs best gov- State for Medicaid expansion, and we year-old who makes just $500 more erns closest to those who are governed. combine those two for the total alloca- than he or she estimated will have to The insurance commissioner in that tion that will go to that State. pay $2,000 more at tax time for health State should be able to decide what the Now, some would say: Wait a second. insurance in the exchange. person in their State wishes to have for The Federal Government should not be Think about what this means for a their policy, not a Washington bureau- in the business of helping people with self-employed individual whose income crat. And we give patients knowledge. health insurance. I say the Federal fluctuates not only from year to year We give them price transparency. They Government is deeply in that business but from month to month. This is a fi- should know the cost of something already. If you look under public insur- nancial nightmare to try to figure out. that is ordered for them before they ance, there is Medicare, Medicaid, have the procedure performed as op- CHIP, VA, TRICARE, and on and on This cliff does not just affect individ- posed to learning afterward. We give where the Federal Government is pro- uals who get their coverage through them portability, and we give them viding health care benefits for a sub- the ACA. Cliffs appear over and over in protection against preexisting condi- stantial portion—over 25 percent—of the design of the subsidies under tions. Americans. These are those Americans ObamaCare, and couples and families I and others—I think the Presiding who get their insurance through the will face them at different levels of in- Officer as well—have campaigned for employer-sponsored insurance, where come as their household size changes. several cycles that we were going to re- the employer and the employee can What will these bait-and-switch health peal and replace ObamaCare. In this contribute to their insurance but they insurance premiums do to incentives to situation, the Supreme Court will re- get a tax break on the purchase. That work harder, to earn more, to accept peal a portion of ObamaCare—not all tax break averages about $1,700. We are promotions? If you accept a promotion but a portion—in 37 States, and this is speaking about that remaining group at work and then your income goes the plan that will replace that portion who purchases their insurance for over that magic 400 percent of poverty of ObamaCare which is repealed. themselves. We lower their cost by threshold, you are going to lose your We like to look at it this way. We equalizing the tax treatment between entire subsidy. You might well decide begin to plant the seeds. Now, in those the two. It is the same sort of tax to turn down that raise at work or that 37 States, those 8 million people af- break that those with the employer- opportunity to be promoted to a better fected by the Obama administration’s sponsored insurance receive. We will job. What kind of system has been de- illegal implementation of the subsidy now offer that same tax break to these signed to discourage people from mov- law—we make it better for them. We folks and in so doing achieve that con- ing ahead in the workplace?

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3930 CONGRESSIONAL RECORD — SENATE June 9, 2015 In the State of Maine, so far we have that goes into a health savings account know is if they were an investigative learned that at least 1,000 Maine fami- that the patient controls. But either reporter and able to find out, not if you lies have lost their subsidies com- way, the patient controls the dollar. are a mom with a sick child who need- pletely because they were in that situ- The patient has the power, not a bu- ed a CT scan. For me, it is going to be ation where their income went over reaucrat. great when the mother can take her that threshold. Another 1,000 Mainers Here is a brief example of how it will smart phone, scan a QR code, and pull are finding out that they are losing work: Here is the health savings de- up something which says: CT scan $250 part of their subsidy and are going to posit that goes into a health savings here, $2,500 there. I am going to make be on the hook for paying more money. account. There will be some reforms in my decision based on some combina- I will say to my colleagues that you the bill that allow the patient to either tion of cost, quality, and convenience. are going to start hearing this in your use it as her contribution—as the em- I will pick based upon my values on States, and it particularly is going to ployee’s contribution on a employer- where to go. It is not a Washington bu- affect people who are self-employed sponsored plan. She can directly con- reaucrat, it is a mother who is going to and who have to estimate what their tract with a provider network. She can make that decision. income is going to be. Through no fault purchase commercial insurance or, if Again, continuous coverage protects of their own—unless they are going to she does nothing, the State has the op- those with preexisting conditions, and turn down work—they may well go tion of creating a system, where some- we mentioned the price transparency. over the threshold amount and lose one is enrolled unless they choose not In this way, Republicans will give their subsidy altogether. Remember, it to be. States the option to choose. Again, takes just $1 in additional earnings at Again, I am going to call upon my ex- they can stay in ObamaCare if they the 400 percent of poverty level to lose perience as a physician. Think of a per- want. They have that option now. They your subsidy altogether. son who might be schizophrenic, home- can do nothing, and it goes away if the Let me give you an example of a less, living beneath a bridge. He is Supreme Court rules that the subsidies Maine couple who contacted my office. never going to do what ObamaCare have been implemented illegally or They discovered to their horror that mandates, which is to get on the Inter- they can go with the Patient Freedom when they filed their taxes, they had net and fill out a 16-page form. It is Act—the Patient Freedom Act—which earned more than the threshold and just not going to happen. I have been gives patients the power by lowering they owed $13,000 to the IRS for the there, I have done that. I have been in costs, lowering the cost by eliminating health insurance they received through the ER in the middle of the night when mandates, returning power over insur- the ObamaCare exchange, on top of the a patient has come in with some acute ance back to the commissioners who $4,000 that they had been told their ex- medical or trauma condition. Under govern closest to those who actually change coverage would cost. this system, though, the State could will be using the insurance, and then Imagine finding out that because you have this person enrolled unless they giving the patient the power of port- worked a little harder, because you choose not to be. ability, protection against preexisting earned a bit more money, you now un- So with the health savings account, conditions, and the power of price expectedly owe an extra $13,000 to the they would have first-dollar coverage transparency. IRS because you lost your subsidy. The for a visit should they decide to go into Ms. COLLINS. Mr. President, let me Patient Freedom Act would put an end an outpatient clinic for a foot that was begin my remarks this evening by com- to the bait-and-switch premiums that infected. If they have some major issue mending my friend and colleague the are built into the ObamaCare ex- and they are brought to the hospital, Senator from Louisiana for coming up changes. the catastrophic policy would then give with a creative and comprehensive One of the reasons I opposed the Af- them the coverage for that hospitaliza- health care bill that I am pleased to co- fordable Care Act was that there was tion but also protect the hospital, the sponsor. nothing affordable about it. I predicted doctors, and other providers from tak- As a physician, Senator CASSIDY at the time that it would lead to fewer ing a total loss—which, by the way, so- knows far better than most of us in choices and higher insurance costs for ciety ends up paying for—because they this body what it is like to deliver many middle-income Americans and have no coverage for that hospitaliza- health care and has made a real effort small businesses. tion. So with this system, we can to come up with a public policy re- A ruling in favor of the plaintiffs in achieve higher enrollments than are sponse in anticipation of the Supreme King v. Burwell would prompt Congress achieved under ObamaCare. Court’s decision in King v. Burwell, to protect those who would lose their Last, let me talk about one more way which is expected to be handed down subsidies, but it would also provide the in which we think patients will have later this month. So I thank him for opportunity to give States the option the power. One, they will have power his work and his creativity in tackling to replace the Affordable Care Act’s portability. Every year, in an open en- a very complex issue. poorly crafted mandates with patient- rollment season, if the patient wishes As I mentioned, later this month, the directed reforms that contain costs, to change plans, she may, without pen- Court is expected to rule in King v. provide more choices, and still provide alty. Secondly, she will be protected Burwell, a case challenging the avail- assistance to those who need it most. against preexisting conditions. The ability of premium tax credits under The Patient Freedom Act does ex- only rating that will be required for the Affordable Care Act in the 37 actly that. I urge my colleagues to sup- premiums will be for geography and States that have not established a port it. age. A 57-year-old will get a bigger State-run health insurance exchange. Now, if it is a bureaucrat who con- credit than a 20-year-old. But aside If the Supreme Court rules in favor of trols that dollar, then the bureaucrat from age and, again, geographic—be- the plaintiffs, as many experts expect will dictate the type of facility the pa- cause it is more expensive to receive it will, 6.4 million Americans who are tient is seen in. If the patient controls care in Manhattan, NY, than Manhat- now receiving premium tax credits the dollar, the hospitals are going to tan, KS—that will be the only dif- through the federally run exchanges compete for her business, and she dic- ferences allowed. Lastly, there will be will lose their subsidies, and, as a re- tates the type of facility in which she the power of price transparency. sult, their health insurance may well is seen. So in the Patient Freedom Act, Currently, a woman goes in with her become unaffordable. This includes al- the money goes directly to the patient. daughter, the doctor orders a CT scan, most 61,000 people in my State of It can go through the State. The and the patient has no clue what the Maine. money can be granted to the State on cost of that CT scan is. Now, it can be Such a decision will place responsi- a per-patient enrolled grant type; and anywhere from $250 to $2,500 or more. I bility on Congress and the President to in so doing, the State would then dis- pick those numbers because the LA work together to protect those individ- tribute—and there are advantages for Times had an article a couple years uals. Senator CASSIDY and I believe we the State to do the distribution—or, if ago, they found that the difference in can do this by extending the current the State does not want that responsi- cash price for CT scans was $250 to subsidies for a transition period, as bility, it can be a Federal tax credit $2,500. The only way someone could contemplated by the sense-of-Congress

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3931 language included in the Patient Free- vantaged contributions to these health SEC. 2. DESIGNATION OF MEDICAL CENTER OF dom Act that we are introducing savings accounts. The bill even pro- DEPARTMENT OF VETERANS AF- FAIRS IN HARLINGEN, TEXAS, AND today. vides for a partial tax credit for very INCLUSION OF INPATIENT HEALTH But the Supreme Court’s decision low-income individuals who do receive CARE FACILITY AT SUCH MEDICAL will also invite us to think anew about employer-based coverage, but it would CENTER. how to ensure that all Americans have help these workers pay for their (a) FINDINGS.—Congress makes the fol- access to affordable, high-quality deductibles and copays. lowing findings: Individuals who are insured under (1) The current and future health care health care. We can advance this goal needs of veterans residing in South Texas are by revamping and reforming the Af- the Patient Freedom Act would receive not being fully met by the Department of fordable Care Act to improve the qual- debit cards tied to their health savings Veterans Affairs. ity and affordability of health care accounts, which they could use to pur- (2) According to recent census data, more while retaining the insurance market chase a high-deductible health plan to than 108,000 veterans reside in South Texas. reforms that are so important to con- pay directly for medical expenses or (3) Travel times for veterans from the Val- sumers. pay premiums for a more generous ley Coastal Bend area from their homes to Senator CASSIDY’s Patient Freedom health insurance policy. In addition, the nearest hospital of the Department for Act is precisely the type of new think- health care providers receiving pay- acute inpatient health care can exceed six hours. ing we need. As the title of this bill ment from the health savings accounts (4) Even with the significant travel times, suggests, the Patient Freedom Act is would be required to publish cash veterans from South Texas demonstrate a built on the premise that freeing peo- prices for their services, which would high demand for health care services from ple to take charge of their health care add transparency that we desperately the Department. is superior to the one-size-fits-all ap- need to move toward a more patient-di- (5) Ongoing overseas deployments of mem- proach of ObamaCare. A decision for rected health care future. bers of the Armed Forces from Texas, includ- the plaintiffs in King v. Burwell would The promise of patient-directed ing members of the Armed Forces on active essentially leave States with two op- health care is one of the advantages of duty, members of the Texas National Guard, this approach, but it has other advan- and members of the other reserve compo- tions, absent congressional action. nents of the Armed Forces, will continue to They could either set up a State-run tages as well. For example, residents of increase demand for medical services pro- exchange to ensure that their residents States that elect this option would no vided by the Department in South Texas. have access to the Affordable Care Act longer face the individual mandate (6) The Department employs an annual subsidies or do nothing and allow their penalty that can cost individuals 2.5 Strategic Capital Investment Planning proc- residents to lose these ObamaCare sub- percent of their income and the typical ess to ‘‘enable the VA to continually adapt sidies. Under Senator CASSIDY’s bill, American family of four an estimated to changes in demographics, medical and in- however, States with federally run ex- $2,100 next year. It would also codify formation technology, and health care deliv- the elimination of the employer man- ery’’, which results in the development of a changes would have a third option. multi-year investment plan that determines They would have the choice of partici- date in these States, freeing these em- where gaps in services exist or are projected pating in the new Patient Freedom ployers to add jobs and let their full- and develops an appropriate solution to meet Act. time employees work 40 hours a week. those gaps. Participating in the Patient Freedom ObamaCare has been causing some em- (7) According to the Department, final ap- Act would allow States to structure ployers to reduce hours for their em- proval of the Strategic Capital Investment their health insurance market without ployees. The result has been smaller Planning priority list serves as the ‘‘building an individual mandate or an employer paychecks for those workers. block’’ of the annual budget request for the mandate or many of the other expen- Perhaps most important, however, Department. (8) Arturo ‘‘Treto’’ Garza, a veteran who sive mandates under ObamaCare. In re- the Patient Freedom Act would do served in the Marine Corps, rose to the rank turn, States would have to offer their away with what the superintendent of of Sergeant, and served two tours in the citizens a basic health insurance plan insurance in Maine refers to as ‘‘wage Vietnam War, passed away on October 3, that would include first-dollar cov- lock.’’ That is caused by the fact that 2012. erage through a health savings ac- the subsidies in the ObamaCare ex- (9) Treto Garza, who was also a former co- count, basic prescription drug cov- changes phase out completely at 400 chairman of the Veterans Alliance of the Rio erage, a high-deductible health plan to percent of the Federal poverty level. In Grande Valley, tirelessly fought to improve protect enrollees against medical other words, there is a cliff there. Now, health care services for veterans in the Rio Grande Valley, with his efforts successfully bankruptcy, coverage for preexisting 400 percent of the poverty level is leading to the creation of the medical center conditions—a good provision of the about $47,000 for an individual and of the Department located in Harlingen, current law that we would retain—cov- $64,000 for a couple. Taxpayers who Texas. erage through a parent’s plan for chil- earn just $1 more than the threshold (b) REDESIGNATION OF MEDICAL CENTER IN dren up to age 26—another good provi- lose their entire subsidy. HARLINGEN, TEXAS.— sion of the law that we would retain— (1) IN GENERAL.—The medical center of the and there could be no annual or life- By Mr. CORNYN: Department of Veterans Affairs located in time limits on insurance claims, again S. 1534. A bill to require the Sec- Harlingen, Texas, shall after the date of the retary of Veterans Affairs to ensure enactment of this Act be known and des- a good provision of the current law ignated as the ‘‘Treto Garza South Texas De- that we would retain. that the medical center of the Depart- ment of Veterans Affairs located in partment of Veterans Affairs Health Care Here is how it would work: The Fed- Center’’. Harlingen, Texas, includes a full-serv- eral Government would provide funding (2) REFERENCES.—Any reference in any law, directly into the health savings ac- ice inpatient health care facility, to re- regulation, map, document, paper, or other counts of individuals insured through designate such medical center, and for record of the United States to the medical the Patient Freedom Act. These funds other purposes; to the Committee on center of the Department referred to in para- would be phased out for higher income Veterans’ Affairs. graph (1) shall be deemed to be a reference to the Treto Garza South Texas Department of individuals. The aggregate funding for Mr. CORNYN. Mr. President, I ask unanimous consent that the text of the Veterans Affairs Health Care Center. these per-patient, per-capita grants (c) REQUIREMENT OF FULL-SERVICE INPA- would be determined based on the total bill be printed in the RECORD. There being no objection, the text of TIENT FACILITY.— amount of funding that the Federal N GENERAL the bill was ordered to be printed in (1) I .—The Secretary of Veterans Government would have provided in Affairs shall ensure that the Treto Garza the RECORD, as follows: the form of ObamaCare subsidies in South Texas Department of Veterans Affairs S. 1534 each State, plus any funding each Health Care Center, as designated under sub- State would have received had they Be it enacted by the Senate and House of Rep- section (b), includes a full-service inpatient resentatives of the United States of America in health care facility of the Department and chosen to expand their Medicaid Pro- Congress assembled, shall modify the existing facility as nec- gram, even if, like the State of Maine, SECTION 1. SHORT TITLE. essary to meet that requirement. they had chosen not to do so. This Act may be cited as the ‘‘Treto Garza (2) PLAN TO EXPAND FACILITY CAPABILI- In addition to Federal funds, individ- South Texas Veterans Inpatient Care Act of TIES.—The Secretary shall include in the an- uals and employers could make tax-ad- 2015’’. nual Strategic Capital Investment Plan of

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3932 CONGRESSIONAL RECORD — SENATE June 9, 2015 the Department for fiscal year 2016 a project Whereas when the Civil War erupted, Ulys- SENATE RESOLUTION 196—DESIG- to expand the capabilities of the Treto Garza ses S. Grant left Galena, Illinois to rejoin NATING JULY 10, 2015, AS COL- South Texas Department of Veterans Affairs the United States Army, gained the colonel- LECTOR CAR APPRECIATION DAY Health Care Center, as so designated, by add- cy of the 21st Illinois Volunteer Regiment, AND RECOGNIZING THAT THE ing the following: and began his meteoric military rise; (A) Inpatient capability for 50 beds with COLLECTION AND RESTORATION Whereas during the Civil War, Ulysses S. OF HISTORIC AND CLASSIC CARS appropriate administrative, clinical, diag- Grant led troops in numerous victorious bat- IS AN IMPORTANT PART OF PRE- nostic, and ancillary services needed for sup- tles including— port. SERVING THE TECHNOLOGICAL (B) An urgent care center. (1) in Tennessee, at Forts Henry and ACHIEVEMENTS AND CULTURAL (C) The capability to provide a full range Donelson and at Shiloh and Chattanooga; HERITAGE OF THE UNITED of services to meet the health care needs of and STATES women veterans. (2) in Mississippi, at Vicksburg; Mr. BURR (for himself and Mr. (d) REPORT TO CONGRESS.—Not later than Whereas President Abraham Lincoln chose 180 days after the date of the enactment of ESTER Ulysses S. Grant to be Commanding General T ) submitted the following reso- this Act, the Secretary shall submit to the during the Civil War, and in that role Ulys- lution; which was considered and Committee on Veterans’ Affairs of the Sen- ses S. Grant revolutionized warfare in Vir- agreed to: ate and the Committee on Veterans’ Affairs S. RES. 196 of the House of Representatives a report de- ginia to preserve the Union; tailing a plan to implement the require- Whereas in gratitude, the people of the Whereas many people in the United States ments in subsection (c), including an esti- United States twice elected Ulysses S. Grant maintain classic automobiles as a pastime mate of the cost of required actions and the President of the United States; and do so with great passion and as a means time necessary for the completion of those Whereas during his Presidency from 1869 of individual expression; actions. to1877, Ulysses S. Grant worked valiantly to Whereas the Senate recognizes the effect (e) SOUTH TEXAS DEFINED.—In this section, help former slaves become full citizens and that the more than 100-year history of the the term ‘‘South Texas’’ means the following became the first modern President of the automobile has had on the economic counties in Texas: Aransas, Bee, Brooks, Cal- United States; progress of the United States and supports houn, Cameron, DeWitt, Dimmit, Duval, Whereas after leaving the Presidency, wholeheartedly all activities involved in the Goliad, Hidalgo, Jackson, Jim Hogg, Jim Ulysses S. Grant became the first President restoration and exhibition of classic auto- Wells, Kenedy, Kleberg, Nueces, Refugio, San of the United States to tour the world; mobiles; Whereas the collection, restoration, and Patricio, Starr, Victoria, Webb, Willacy, Za- Whereas Ulysses S. Grant established a for- preservation of automobiles is an activity pata. eign policy that the United States followed shared across generations and across all seg- into the 20th century and beyond; f ments of society; Whereas Ulysses S. Grant authored his SUBMITTED RESOLUTIONS Whereas thousands of local car clubs and memoirs, the most significant piece of 19th- related businesses have been instrumental in century nonfiction, while courageously bat- preserving a historic part of the heritage of tling cancer, which eventually took his voice the United States by encouraging the res- SENATE RESOLUTION 195—DESIG- and his life but did not silence the noble toration and exhibition of such vintage NATING THE ULYSSES S. GRANT words that he left as a legacy; works of art; ASSOCIATION AS THE ORGANIZA- Whereas the Ulysses S. Grant Association Whereas automotive restoration provides TION TO IMPLEMENT THE BICEN- was founded during the Centennial of the well-paying, high-skilled jobs for people in TENNIAL CELEBRATION OF THE Civil War in 1962 by the leading historians of all 50 States; and BIRTH OF ULYSSES S. GRANT, that era and the Civil War Centennial Com- Whereas automobiles have provided the in- CIVIL WAR GENERAL AND 2- missions of New York, Illinois, and Ohio, 3 spiration for music, photography, cinema, fashion, and other artistic pursuits that have TERM PRESIDENT OF THE States where Ulysses S. Grant lived; Whereas, in the years since it was founded become part of the popular culture of the UNITED STATES in 1962, the Ulysses S. Grant Association— United States: Now, therefore, be it Mr. BLUNT (for himself, Mrs. MCCAS- (1) has produced 32 volumes of ‘‘The Papers Resolved, That the Senate— KILL, Mr. COCHRAN, Mr. WICKER, Mr. of Ulysses S. Grant’’, the major source for (1) designates July 10, 2015, as ‘‘Collector Car Appreciation Day’’; BROWN, Mr. PORTMAN, Mr. DURBIN, Mr. the study of the life of Ulysses S. Grant and (2) recognizes that the collection and res- the 19th century in which he lived; and KIRK, Mr. SCHUMER, and Mrs. GILLI- toration of historic and classic cars is an im- (2) has worked toward the publication of BRAND) submitted the following resolu- portant part of preserving the technological the first scholarly edition of the memoirs of tion; which was referred to the Com- achievements and cultural heritage of the mittee on the Judiciary: Ulysses S. Grant, which as of May 2015, is United States; and nearing completion; S. RES. 195 (3) encourages the people of the United Whereas the Ulysses S. Grant Association States to engage in events and commemora- Whereas Ulysses S. Grant was born in was first headquartered at the Ohio Histor- tions of Collector Car Appreciation Day that southern Ohio on April 27, 1822, to Jesse ical Society located on the campus of Ohio create opportunities for collector car owners Grant and Hannah Simpson Grant; State University, later moved to Southern to educate young people about the impor- Whereas the first line of the memoirs of Illinois University, and relocated in 2008 to tance of preserving the cultural heritage of Ulysses S. Grant proudly states: ‘‘My Family Mississippi State University; and the United States, including through the col- is American, and has been for generations, in Whereas in 2012, the Ulysses S. Grant Asso- lection and restoration of collector cars. all its branches, direct and collateral.’’; ciation established the Ulysses S. Grant Whereas Ulysses S. Grant attended school f in Georgetown, Ohio, graduated from the Presidential Library, the world center for United States Military Academy in 1843, and Ulysses S. Grant scholars and tourists: Now, SENATE RESOLUTION 197—RECOG- entered the United States Army; therefore, be it NIZING THE NEED TO IMPROVE Whereas Ulysses S. Grant served in a vari- Resolved, That the Senate— PHYSICAL ACCESS TO MANY ety of military posts from the Atlantic Coast (1) proclaims 2022 as the Bicentennial year FEDERALLY FUNDED FACILITIES to the Pacific Coast, including posts in New for the celebration of the birth of Ulysses S. FOR ALL PEOPLE OF THE York, Michigan, and California, and a post at Grant, military leader and President; UNITED STATES, PARTICULARLY the famous Jefferson Barracks in Missouri; (2) designates the Ulysses S. Grant Asso- PEOPLE WITH DISABILITIES Whereas Ulysses S. Grant distinguished ciation, housed at the Ulysses S. Grant Pres- himself in combat during the Mexican-Amer- idential Library on the grounds of Mis- Mr. BLUMENTHAL (for himself, Ms. ican War and worked tirelessly to succeed in sissippi State University, as the designated AYOTTE, Mr. MURPHY, Mr. MENENDEZ, civilian life; institution for organizing and leading the Mr. BROWN, and Mr. SCHATZ) submitted Whereas, as a civilian farmer in Missouri, celebration of the bicentennial; and the following resolution; which was Ulysses S. Grant— considered and agreed to: (1) met and married his wife, Julia Dent, (3) encourages the people of the United for whom Ulysses S. Grant built a home States to join in that bicentennial celebra- S. RES. 197 named Hardscrabble; tion to honor Ulysses S. Grant, 1 of the Whereas, in 2012, nearly 20 percent of the (2) worked alongside slaves and emanci- major historical figures of the United States. civilian population in the United States re- pated the only slave that Ulysses S. Grant ported having a disability; owned; and Whereas, in 2012, 16 percent of veterans, (3) continued to own land while Ulysses S. amounting to more than 3,500,000 people, re- Grant was President; ceived service-related disability benefits;

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Whereas, in 2011, the percentage of work- Act of 1990 (42 U.S.C. 12101 et seq.), and en- SA 1463 proposed by Mr. MCCAIN to the bill ing-age people in the United States who re- courages full compliance with such Acts; H.R. 1735, supra; which was ordered to lie on ported having a work limitation due to a dis- (3) recommends that the United States the table. ability was 7 percent, which is a 20-year Postal Service and Federal agencies install SA 1883. Mr. KAINE (for himself and Mr. high; power-assisted doors at post offices and FLAKE) submitted an amendment intended to Whereas the Act entitled ‘‘An Act to in- other federally funded facilities, respec- be proposed to amendment SA 1463 proposed sure that certain buildings financed with tively, to ensure equal access for all people by Mr. MCCAIN to the bill H.R. 1735, supra; Federal funds are so designed and con- of the United States; and which was ordered to lie on the table. structed as to be accessible to the physically (4) pledges to continue to work to identify SA 1884. Mr. SCHATZ submitted an amend- handicapped’’, approved August 12, 1968 (42 and remove the barriers that prevent all peo- ment intended to be proposed to amendment U.S.C. 4151 et seq.) (referred to in this pre- ple of the United States from having equal SA 1463 proposed by Mr. MCCAIN to the bill amble as the ‘‘Architectural Barriers Act of access to the services provided by the Fed- H.R. 1735, supra; which was ordered to lie on 1968’’), was enacted to ensure that certain eral Government. the table. SA 1885. Mr. PETERS (for himself, Ms. federally funded facilities are designed and f constructed to be accessible to people with HIRONO, and Mr. WYDEN) submitted an disabilities and requires that physically AMENDMENTS SUBMITTED AND amendment intended to be proposed to handicapped people have ready access to, and PROPOSED amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was or- use of, post offices and other Federal facili- SA 1870. Mr. MURPHY (for himself, Mr. ties; dered to lie on the table. SCHATZ, Mr. UDALL, Mr. BLUMENTHAL, and Whereas automatic doors, though not man- SA 1886. Ms. MIKULSKI submitted an Mr. TESTER) submitted an amendment in- amendment intended to be proposed to dated by either the Architectural Barriers tended to be proposed to amendment SA 1463 Act of 1968 or the Americans with Disabil- amendment SA 1463 proposed by Mr. MCCAIN proposed by Mr. MCCAIN to the bill H.R. 1735, ities Act of 1990 (42 U.S.C. 12101 et seq.), pro- to the bill H.R. 1735, supra; which was or- to authorize appropriations for fiscal year dered to lie on the table. vide a greater degree of self-sufficiency and 2016 for military activities of the Depart- dignity for people with disabilities and the SA 1887. Ms. MIKULSKI submitted an ment of Defense, for military construction, amendment intended to be proposed to elderly, who may have limited strength to and for defense activities of the Department amendment SA 1463 proposed by Mr. MCCAIN open a manually operated door; of Energy, to prescribe military personnel Whereas a report commissioned by the Ar- to the bill H.R. 1735, supra; which was or- strengths for such fiscal year, and for other dered to lie on the table. chitectural and Transportation Barriers purposes; which was ordered to lie on the Compliance Board (referred to in this pre- SA 1888. Mrs. McCASKILL submitted an table. amendment intended to be proposed to amble as the ‘‘Access Board’’), an inde- SA 1871. Mr. WYDEN submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN pendent Federal agency created to ensure ac- ment intended to be proposed to amendment cess to federally funded facilities for people to the bill H.R. 1735, supra; which was or- SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. with disabilities, recommends that all new H.R. 1735, supra; which was ordered to lie on SA 1889. Mr. MCCAIN (for himself, Mrs. buildings for use by the public should have the table. FEINSTEIN, Mr . REED, and Ms. COLLINS) sub- at least one automated door at an accessible SA 1872. Ms. STABENOW (for herself, Mr. mitted an amendment intended to be pro- entrance, except for small buildings where PETERS, and Mr. KING) submitted an amend- posed to amendment SA 1463 proposed by Mr. adding such doors may be a financial hard- ment intended to be proposed to amendment MCCAIN to the bill H.R. 1735, supra. ship for the owners of the buildings; SA 1463 proposed by Mr. MCCAIN to the bill Whereas States and municipalities have SA 1890. Mr. DAINES submitted an amend- H.R. 1735, supra; which was ordered to lie on ment intended to be proposed to amendment begun to recognize the importance of auto- the table. SA 1463 proposed by Mr. MCCAIN to the bill matic doors in improving accessibility; SA 1873. Ms. HIRONO (for herself and Mr. H.R. 1735, supra; which was ordered to lie on Whereas the laws of the State of Con- WYDEN) submitted an amendment intended the table. necticut require automatic doors in certain to be proposed to amendment SA 1463 pro- SA 1891. Mr. SESSIONS submitted an shopping malls and retail businesses, the posed by Mr. MCCAIN to the bill H.R. 1735, amendment intended to be proposed to laws of the State of Delaware require auto- supra; which was ordered to lie on the table. amendment SA 1463 proposed by Mr. MCCAIN matic doors or calling devices for newly con- SA 1874. Mr. BLUNT submitted an amend- to the bill H.R. 1735, supra; which was or- structed places of accommodation, and the ment intended to be proposed to amendment dered to lie on the table. laws of the District of Columbia have a simi- SA 1463 proposed by Mr. MCCAIN to the bill SA 1892. Mr. DAINES (for himself and Mrs. lar requirement; H.R. 1735, supra; which was ordered to lie on GILLIBRAND) submitted an amendment in- Whereas the Facilities Standards for the the table. tended to be proposed to amendment SA 1463 Public Buildings Service, published by the SA 1875. Mr. PAUL submitted an amend- proposed by Mr. MCCAIN to the bill H.R. 1735, General Services Administration, requires ment intended to be proposed to amendment supra; which was ordered to lie on the table. automation of at least one exterior door for SA 1463 proposed by Mr. MCCAIN to the bill SA 1893. Mr. FLAKE (for himself, Mr. all newly constructed or renovated facilities H.R. 1735, supra; which was ordered to lie on JOHNSON, Mr. MCCAIN, and Mr. SCHUMER) managed by the General Services Adminis- the table. submitted an amendment intended to be pro- tration, including post offices; SA 1876. Mr. MORAN submitted an amend- posed to amendment SA 1463 proposed by Mr. Whereas from 2006 to 2011, 71 percent of the ment intended to be proposed to amendment MCCAIN to the bill H.R. 1735, supra; which complaints received by the Access Board re- SA 1463 proposed by Mr. MCCAIN to the bill was ordered to lie on the table. garding the Architectural Barriers Act of H.R. 1735, supra; which was ordered to lie on the table. SA 1894. Mr. HELLER submitted an 1968 concerned a post office or other facility amendment intended to be proposed to of the United States Postal Service; SA 1877. Mr. COATS submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN Whereas the United States Postal Service ment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN to the bill to the bill H.R. 1735, supra; which was or- employs approximately 522,000 people, mak- dered to lie on the table. ing it the second-largest civilian employer in H.R. 1735, supra; which was ordered to lie on the table. SA 1895. Mr. HELLER submitted an the United States; amendment intended to be proposed to Whereas approximately 3,200,000 people SA 1878. Mr. MCCAIN submitted an amendment intended to be proposed to amendment amendment SA 1463 proposed by Mr. MCCAIN visit 1 of the 31,857 post offices in the United to the bill H.R. 1735, supra; which was or- States each day; and SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was ordered to lie on dered to lie on the table. Whereas the United States was founded on SA 1896. Mr. MENENDEZ submitted an principles of equality and freedom, and these the table. SA 1879. Mr. ALEXANDER submitted an amendment intended to be proposed to principles require that all people, including amendment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN people with disabilities, are able to engage amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was or- as equal members of society: Now, therefore, to the bill H.R. 1735, supra; which was ordered to lie on the table. be it dered to lie on the table. SA 1897. Mrs. MURRAY submitted an Resolved, That the Senate— SA 1880. Mrs. FEINSTEIN (for herself and amendment intended to be proposed to (1) recognizes the immense hardships that Mr. BURR) submitted an amendment in- amendment SA 1463 proposed by Mr. MCCAIN people with disabilities in the United States tended to be proposed to amendment SA 1463 to the bill H.R. 1735, supra; which was or- must overcome every day; proposed by Mr. MCCAIN to the bill H.R. 1735, dered to lie on the table. (2) reaffirms its support of the Act entitled supra; which was ordered to lie on the table. SA 1898. Mrs. MURRAY submitted an ‘‘An Act to insure that certain buildings fi- SA 1881. Mrs. FEINSTEIN (for herself and amendment intended to be proposed to nanced with Federal funds are so designed Mr. BURR) submitted an amendment in- amendment SA 1463 proposed by Mr. MCCAIN and constructed as to be accessible to the tended to be proposed to amendment SA 1463 to the bill H.R. 1735, supra; which was or- physically handicapped’’, approved August proposed by Mr. MCCAIN to the bill H.R. 1735, dered to lie on the table. 12, 1968 (42 U.S.C. 4151 et seq.), commonly supra; which was ordered to lie on the table. SA 1899. Mr. REED submitted an amend- known as the ‘‘Architectural Barriers Act of SA 1882. Mr. UDALL submitted an amendment intended to be proposed to amendment 1968’’, and the Americans with Disabilities ment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN to the bill

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H.R. 1735, supra; which was ordered to lie on SA 1463 proposed by Mr. MCCAIN to the bill SA 1934. Mr. WARNER submitted an the table. H.R. 1735, supra; which was ordered to lie on amendment intended to be proposed to SA 1900. Mrs. MURRAY submitted an the table. amendment SA 1463 proposed by Mr. MCCAIN amendment intended to be proposed to SA 1917. Mr. REED (for himself and Ms. to the bill H.R. 1735, supra; which was or- amendment SA 1463 proposed by Mr. MCCAIN HIRONO) submitted an amendment intended dered to lie on the table. to the bill H.R. 1735, supra; which was or- to be proposed to amendment SA 1463 pro- SA 1935. Mr. MCCONNELL (for Mr. RUBIO) dered to lie on the table. posed by Mr. MCCAIN to the bill H.R. 1735, submitted an amendment intended to be pro- SA 1901. Mr. MURPHY submitted an supra; which was ordered to lie on the table. posed to amendment SA 1463 proposed by Mr. amendment intended to be proposed to SA 1918. Mr. GRASSLEY submitted an MCCAIN to the bill H.R. 1735, supra; which amendment SA 1463 proposed by Mr. MCCAIN amendment intended to be proposed to was ordered to lie on the table. to the bill H.R. 1735, supra; which was or- amendment SA 1463 proposed by Mr. MCCAIN SA 1936. Mr. MCCONNELL (for Mr. RUBIO) dered to lie on the table. to the bill H.R. 1735, supra; which was or- submitted an amendment intended to be pro- SA 1902. Ms. WARREN (for herself and Mr. dered to lie on the table. posed to amendment SA 1463 proposed by Mr. MERKLEY) submitted an amendment in- SA 1919. Mr. SESSIONS submitted an MCCAIN to the bill H.R. 1735, supra; which tended to be proposed to amendment SA 1463 amendment intended to be proposed to was ordered to lie on the table. proposed by Mr. MCCAIN to the bill H.R. 1735, amendment SA 1463 proposed by Mr. MCCAIN SA 1937. Ms. AYOTTE (for herself and Mrs. supra; which was ordered to lie on the table. to the bill H.R. 1735, supra; which was or- GILLIBRAND) submitted an amendment in- SA 1903. Ms. CANTWELL (for herself, Mr. dered to lie on the table. tended to be proposed to amendment SA 1463 SULLIVAN, and Ms. MURKOWSKI) submitted an SA 1920. Mr. SESSIONS submitted an proposed by Mr. MCCAIN to the bill H.R. 1735, amendment intended to be proposed to amendment intended to be proposed to supra; which was ordered to lie on the table. amendment SA 1463 proposed by Mr. MCCAIN amendment SA 1463 proposed by Mr. MCCAIN SA 1938. Mr. MORAN submitted an amend- to the bill H.R. 1735, supra; which was or- to the bill H.R. 1735, supra; which was or- ment intended to be proposed to amendment dered to lie on the table. dered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill SA 1904. Mr. MCCAIN (for himself and Mr. SA 1921. Mr. BURR (for himself and Mr. H.R. 1735, supra; which was ordered to lie on KAINE) submitted an amendment intended to MCCAIN) proposed an amendment to amend- the table. be proposed to amendment SA 1463 proposed ment SA 1569 proposed by Mr. BURR (for him- SA 1939. Ms. MURKOWSKI submitted an by Mr. MCCAIN to the bill H.R. 1735, supra; self and Mrs. BOXER) to the amendment SA amendment intended to be proposed to which was ordered to lie on the table. 1463 proposed by Mr. MCCAIN to the bill H.R. amendment SA 1463 proposed by Mr. MCCAIN SA 1905. Mr. MCCAIN (for himself, Mr. 1735, supra. to the bill H.R. 1735, supra; which was or- REED, Mr. SULLIVAN, Mr. WICKER, Mr. SA 1922. Mr. WARNER (for himself and Mr. dered to lie on the table. INHOFE, Mr. GRAHAM, Mrs. ERNST, Mr. COT- COCHRAN) submitted an amendment intended SA 1940. Ms. MURKOWSKI submitted an TON, and Ms. HIRONO) submitted an amend- to be proposed to amendment SA 1463 pro- amendment intended to be proposed to ment intended to be proposed to amendment posed by Mr. MCCAIN to the bill H.R. 1735, amendment SA 1463 proposed by Mr. MCCAIN SA 1463 proposed by Mr. MCCAIN to the bill supra; which was ordered to lie on the table. to the bill H.R. 1735, supra; which was or- H.R. 1735, supra; which was ordered to lie on SA 1923. Mr. INHOFE (for himself and Mr. dered to lie on the table. the table. COONS) submitted an amendment intended to SA 1941. Mr. BLUNT submitted an amend- SA 1906. Mr. INHOFE submitted an amend- be proposed to amendment SA 1463 proposed ment intended to be proposed to amendment ment intended to be proposed to amendment by Mr. MCCAIN to the bill H.R. 1735, supra; SA 1463 proposed by Mr. MCCAIN to the bill SA 1463 proposed by Mr. MCCAIN to the bill which was ordered to lie on the table. H.R. 1735, supra; which was ordered to lie on H.R. 1735, supra; which was ordered to lie on SA 1924. Mr. DAINES submitted an amend- the table. the table. ment intended to be proposed to amendment SA 1942. Mr. BOOZMAN submitted an SA 1907. Mr. CASSIDY submitted an SA 1463 proposed by Mr. MCCAIN to the bill amendment intended to be proposed to amendment intended to be proposed to H.R. 1735, supra; which was ordered to lie on amendment SA 1463 proposed by Mr. MCCAIN amendment SA 1463 proposed by Mr. MCCAIN the table. to the bill H.R. 1735, supra; which was or- to the bill H.R. 1735, supra; which was or- SA 1925. Mr. COATS submitted an amend- dered to lie on the table. dered to lie on the table. ment intended to be proposed to amendment SA 1943. Mrs. MURRAY submitted an SA 1908. Mr. ENZI submitted an amend- SA 1463 proposed by Mr. MCCAIN to the bill amendment intended to be proposed to ment intended to be proposed to amendment H.R. 1735, supra; which was ordered to lie on amendment SA 1463 proposed by Mr. MCCAIN SA 1463 proposed by Mr. MCCAIN to the bill the table. to the bill H.R. 1735, supra; which was or- H.R. 1735, supra; which was ordered to lie on SA 1926. Mr. LEAHY (for himself and Mr. dered to lie on the table. the table. GRASSLEY) submitted an amendment in- SA 1944. Mr. TESTER submitted an amend- SA 1909. Mr. TOOMEY submitted an tended to be proposed to amendment SA 1463 ment intended to be proposed to amendment amendment intended to be proposed to proposed by Mr. MCCAIN to the bill H.R. 1735, SA 1463 proposed by Mr. MCCAIN to the bill amendment SA 1463 proposed by Mr. MCCAIN supra; which was ordered to lie on the table. H.R. 1735, supra; which was ordered to lie on to the bill H.R. 1735, supra; which was or- SA 1927. Mr. ISAKSON submitted an the table. dered to lie on the table. amendment intended to be proposed to SA 1945. Ms. CANTWELL (for herself, Mr. SA 1910. Mr. TOOMEY (for himself and Mr. amendment SA 1463 proposed by Mr. MCCAIN SULLIVAN, and Mr. BLUMENTHAL) submitted CORNYN) submitted an amendment intended to the bill H.R. 1735, supra; which was or- an amendment intended to be proposed to to be proposed to amendment SA 1463 pro- dered to lie on the table. amendment SA 1463 proposed by Mr. MCCAIN posed by Mr. MCCAIN to the bill H.R. 1735, SA 1928. Mr. CASSIDY submitted an to the bill H.R. 1735, supra; which was or- supra; which was ordered to lie on the table. amendment intended to be proposed to dered to lie on the table. SA 1911. Mr. HATCH submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN SA 1946. Ms. BALDWIN submitted an ment intended to be proposed to amendment to the bill H.R. 1735, supra; which was or- amendment intended to be proposed to SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. amendment SA 1463 proposed by Mr. MCCAIN H.R. 1735, supra; which was ordered to lie on SA 1929. Mr. WYDEN submitted an amend- to the bill H.R. 1735, supra; which was or- the table. ment intended to be proposed to amendment dered to lie on the table. SA 1912. Mr. WARNER (for himself, Ms. SA 1463 proposed by Mr. MCCAIN to the bill SA 1947. Ms. BALDWIN (for herself and Mr. HIRONO, and Mr. KING) submitted an amend- H.R. 1735, supra; which was ordered to lie on WYDEN) submitted an amendment intended ment intended to be proposed to amendment the table. to be proposed to amendment SA 1463 pro- SA 1463 proposed by Mr. MCCAIN to the bill SA 1930. Mr. LEAHY (for himself and Mr. posed by Mr. MCCAIN to the bill H.R. 1735, H.R. 1735, supra; which was ordered to lie on GRAHAM) submitted an amendment intended supra; which was ordered to lie on the table. the table. to be proposed to amendment SA 1463 pro- SA 1948. Mr. WHITEHOUSE (for himself, SA 1913. Mrs. SHAHEEN submitted an posed by Mr. MCCAIN to the bill H.R. 1735, Mr. FRANKEN, and Mr. MARKEY) submitted an amendment intended to be proposed to supra; which was ordered to lie on the table. amendment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN SA 1931. Mr. LEAHY submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was or- ment intended to be proposed to amendment to the bill H.R. 1735, supra; which was ordered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. SA 1914. Mr. SANDERS submitted an H.R. 1735, supra; which was ordered to lie on SA 1949. Mr. WHITEHOUSE submitted an amendment intended to be proposed to the table. amendment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN SA 1932. Mr. REED submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was or- ment intended to be proposed to amendment to the bill H.R. 1735, supra; which was ordered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. SA 1915. Mr. BENNET submitted an H.R. 1735, supra; which was ordered to lie on SA 1950. Mrs. MCCASKILL submitted an amendment intended to be proposed to the table. amendment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN SA 1933. Mr. WARNER submitted an amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was or- amendment intended to be proposed to to the bill H.R. 1735, supra; which was ordered to lie on the table. amendment SA 1463 proposed by Mr. MCCAIN dered to lie on the table. SA 1916. Mr. BENNET submitted an amend- to the bill H.R. 1735, supra; which was or- SA 1951. Mr. HEINRICH (for himself, Mr. ment intended to be proposed to amendment dered to lie on the table. ALEXANDER, Ms. BALDWIN, and Mr. WYDEN)

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Mr. BENNET submitted an amendment SA 1463 proposed by Mr. MCCAIN mittee on Energy and Commerce of the amendment intended to be proposed to to the bill H.R. 1735, supra; which was or- House of Representatives a report on the as- amendment SA 1463 proposed by Mr. MCCAIN dered to lie on the table. sistance provided by the owner’s agent to the to the bill H.R. 1735, supra; which was or- SA 1970. Mr. SESSIONS submitted an Secretary under that subsection with respect dered to lie on the table. amendment intended to be proposed to to oversight of the contract described in sub- SA 1953. Mr. REED submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN section (b), and shall make that report avail- ment intended to be proposed to amendment to the bill H.R. 1735, supra; which was orable to the public.’’. SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. H.R. 1735, supra; which was ordered to lie on SA 1971. Mr. SESSIONS submitted an SA 1872. Ms. STABENOW (for herself, the table. amendment intended to be proposed to Mr. PETERS, and Mr. KING) submitted SA 1954. Mrs. MURRAY submitted an amendment SA 1463 proposed by Mr. MCCAIN an amendment intended to be proposed amendment intended to be proposed to to the bill H.R. 1735, supra; which was or- to amendment SA 1463 proposed by Mr. amendment SA 1463 proposed by Mr. MCCAIN dered to lie on the table. MCCAIN to the bill H.R. 1735, to author- to the bill H.R. 1735, supra; which was or- SA 1972. Mr. SESSIONS (for Mr. VITTER) ize appropriations for fiscal year 2016 dered to lie on the table. submitted an amendment intended to be pro- for military activities of the Depart- SA 1955. Mr. BROWN (for himself and Mr. posed to amendment SA 1463 proposed by Mr. ment of Defense, for military construc- BLUNT) submitted an amendment intended to MCCAIN to the bill H.R. 1735, supra; which be proposed to amendment SA 1463 proposed tion, and for defense activities of the was ordered to lie on the table. Department of Energy, to prescribe by Mr. MCCAIN to the bill H.R. 1735, supra; SA 1973. Mr. SESSIONS (for Mr. VITTER) which was ordered to lie on the table. submitted an amendment intended to be pro- military personnel strengths for such SA 1956. Mr. CARPER submitted an amend- posed to amendment SA 1463 proposed by Mr. fiscal year, and for other purposes; ment intended to be proposed to amendment MCCAIN to the bill H.R. 1735, supra; which which was ordered to lie on the table; SA 1463 proposed by Mr. MCCAIN to the bill was ordered to lie on the table. as follows: H.R. 1735, supra; which was ordered to lie on f At the appropriate place, insert the fol- the table. lowing: SA 1957. Mr. CARPER submitted an amend- TEXT OF AMENDMENTS SEC. lll. DOMESTIC REFUGEE RESETTLEMENT ment intended to be proposed to amendment SA 1870. Mr. MURPHY (for himself, REFORM AND MODERNIZATION. SA 1463 proposed by Mr. MCCAIN to the bill (a) DEFINITIONS.—In this section: H.R. 1735, supra; which was ordered to lie on Mr. SCHATZ, Mr. UDALL, Mr. (1) COMMUNITY-BASED ORGANIZATION.—The the table. BLUMENTHAL, and Mr. TESTER) sub- term ‘‘community-based organization’’ SA 1958. Mr. BOOKER submitted an mitted an amendment intended to be means a nonprofit organization providing a amendment intended to be proposed to proposed to amendment SA 1463 pro- variety of social, health, educational and amendment SA 1463 proposed by Mr. MCCAIN posed by Mr. MCCAIN to the bill H.R. community services to a population that in- to the bill H.R. 1735, supra; which was or- cludes refugees resettled into the United dered to lie on the table. 1735, to authorize appropriations for fiscal year 2016 for military activities States. SA 1959. Mr. CORNYN submitted an (2) DIRECTOR.—The term ‘‘Director’’ means amendment intended to be proposed to of the Department of Defense, for mili- the Director of the Office of Refugee Reset- amendment SA 1463 proposed by Mr. MCCAIN tary construction, and for defense ac- tlement in the Department of Health and to the bill H.R. 1735, supra; which was or- tivities of the Department of Energy, Human Services. dered to lie on the table. to prescribe military personnel (3) NATIONAL RESETTLEMENT AGENCIES.— SA 1960. Ms. AYOTTE (for herself and Mrs. strengths for such fiscal year, and for The term ‘‘national resettlement agencies’’ SHAHEEN) submitted an amendment intended other purposes; which was ordered to means voluntary agencies contracting with to be proposed to amendment SA 1463 pro- lie on the table; as follows: the Department of State to provide sponsor- posed by Mr. MCCAIN to the bill H.R. 1735, ship and initial resettlement services to ref- supra; which was ordered to lie on the table. At the end of subtitle G title XII, add the ugees entering the United States. SA 1961. Ms. AYOTTE (for herself and Mr. following: (b) ASSESSMENT OF REFUGEE DOMESTIC RE- TILLIS) submitted an amendment intended to SEC. 1283. PROHIBITION ON DEPLOYMENT OF SETTLEMENT PROGRAMS.— be proposed to amendment SA 1463 proposed GROUND COMBAT TROOPS IN IRAQ (1) IN GENERAL.—As soon as practicable by Mr. MCCAIN to the bill H.R. 1735, supra; AND SYRIA. after the date of the enactment of this Act, which was ordered to lie on the table. No funds authorized to be appropriated by the Comptroller General of the United States SA 1962. Ms. AYOTTE (for herself and Mr. this Act may be used to support the deploy- shall conduct a study regarding the effec- TILLIS) submitted an amendment intended to ment of the United States Armed Forces for tiveness of the domestic refugee resettle- be proposed to amendment SA 1463 proposed the purpose of ground combat operations in ment programs operated by the Office of Ref- by Mr. MCCAIN to the bill H.R. 1735, supra; Iraq or Syria, except as necessary— ugee Resettlement. which was ordered to lie on the table. (1) for the protection or rescue of members (2) MATTERS TO BE STUDIED.—In the study SA 1963. Mr. FLAKE (for himself, Mr. of the United States Armed Forces or United required under paragraph (1), the Comp- MCCAIN, and Mr. HEINRICH) submitted an States citizens from imminent danger posed troller General shall determine and ana- amendment intended to be proposed to by ISIL; or lyze— amendment SA 1463 proposed by Mr. MCCAIN (2) to conduct missions not intended to re- (A) how the Office of Refugee Resettlement to the bill H.R. 1735, supra; which was or- sult in ground combat operations by United defines self-sufficiency and integration and if dered to lie on the table. States forces, such as— these definitions adequately represent refu- SA 1964. Mr. BROWN (for himself and Mr. (A) intelligence collection and sharing; gees’ needs in the United States; TILLIS) submitted an amendment intended to (B) enabling kinetic strikes; (B) the effectiveness of Office of Refugee be proposed to amendment SA 1463 proposed (C) operational planning; or Resettlement programs in helping refugees by Mr. MCCAIN to the bill H.R. 1735, supra; (D) other forms of advice and assistance to to meet self-sufficiency and integration; which was ordered to lie on the table. forces fighting ISIL in Iraq or Syria. (C) technological solutions for consistently SA 1965. Mr. BROWN submitted an amend- tracking secondary migration, including opment intended to be proposed to amendment SA 1871. Mr. WYDEN submitted an portunities for interagency data sharing; SA 1463 proposed by Mr. MCCAIN to the bill amendment intended to be proposed to (D) the Office of Refugee Resettlement’s H.R. 1735, supra; which was ordered to lie on amendment SA 1463 proposed by Mr. budgetary resources and project the amount the table. of additional resources needed to fully ad- SA 1966. Ms. STABENOW submitted an MCCAIN to the bill H.R. 1735, to author- dress the unmet needs of refugees with re- amendment intended to be proposed to ize appropriations for fiscal year 2016 gard to self-sufficiency and integration; amendment SA 1463 proposed by Mr. MCCAIN for military activities of the Depart- (E) the role of community-based organiza- to the bill H.R. 1735, supra; which was or- ment of Defense, for military construc- tions in serving refugees in areas experi- dered to lie on the table. tion, and for defense activities of the encing a high number of new refugee arriv- SA 1967. Mr. CASEY (for himself and Ms. Department of Energy, to prescribe als; MURKOWSKI) submitted an amendment in- military personnel strengths for such (F) how community-based organizations tended to be proposed to amendment SA 1463 fiscal year, and for other purposes; can be better utilized and supported in the proposed by Mr. MCCAIN to the bill H.R. 1735, Federal domestic resettlement process; supra; which was ordered to lie on the table. which was ordered to lie on the table; (G) recertification processes for high- SA 1968. Mr. CORKER submitted an amend- as follows: skilled refugees, specifically considering how ment intended to be proposed to amendment Beginning on page 818, strike ‘‘and the con- to decrease barriers for Special Immigrant SA 1463 proposed by Mr. MCCAIN to the bill gressional defense committees’’ on line 25 Visa holders to use their skills; and

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(H) recommended statutory changes to im- arriving with Class A medical conditions and (b) METRICS.—The Secretary of Defense prove the Office of Refugee Resettlement and other urgent medical needs; shall develop metrics for assessing the costs, the domestic refugee program in relation to (B) examine the information sharing proc- risks, and benefits associated with secure en- the matters analyzed under subparagraphs ess, from country of arrival through refugee ergy projects. The metrics shall take into ac- (A) through (G). resettlement, to determine if access to addi- count financial and operational costs and (3) REPORT.—Not later than 2 years after tional mental health data could— risks associated with sustained losses of the date of the enactment of this Act, the (i) help determine placements; and power resulting from natural or man-made Comptroller General shall submit to Con- (ii) enable agencies to better prepare to disasters or attacks that impact military in- gress the results of the study required under meet refugee mental health needs; and stallations. this subsection. (C) in collecting information under this (c) REFUGEE ASSISTANCE.— paragraph, utilize initial refugee health SA 1874. Mr. BLUNT submitted an (1) ASSISTANCE MADE AVAILABLE TO SEC- screening data, including— amendment intended to be proposed to ONDARY MIGRANTS.—Section 412(a)(1) of the (i) a history of severe trauma, torture, amendment SA 1463 proposed by Mr. Immigration and Nationality Act (8 U.S.C. mental health symptoms, depression, anx- MCCAIN to the bill H.R. 1735, to author- 1522(a)(1)) is amended by adding at the end iety, and posttraumatic stress disorder re- the following: corded during domestic and international ize appropriations for fiscal year 2016 ‘‘(C) The Director shall ensure that assist- health screenings; and for military activities of the Depart- ance under this section is provided to refu- (ii) Refugee Medical Assistance utilization ment of Defense, for military construc- gees who are secondary migrants and meet rate data. tion, and for defense activities of the all other eligibility requirements for such (3) DATA ON HOUSING NEEDS.—The Director Department of Energy, to prescribe assistance.’’. shall partner with State refugee programs, military personnel strengths for such (2) REPORT ON SECONDARY MIGRATION.—Sec- community-based organizations, and na- fiscal year, and for other purposes; tion 412(a)(3) of such Act (8 U.S.C. 1522(a)(3)) tional resettlement agencies to collect data is amended— relating to the housing needs of refugees, in- which was ordered to lie on the table; (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; cluding— as follows: (B) by striking ‘‘periodic’’ and inserting (A) the number of refugees who have be- At the end of subtitle A of title VII, add ‘‘annual’’; and come homeless; and the following: (C) by adding at the end the following: (B) the number of refugees who are at se- SEC. 706. INCLUSION OF MEMBERS OF THE ‘‘(B) At the end of each fiscal year, the Di- vere risk of becoming homeless. ARMED FORCES NOT SUBJECTED OR rector shall submit a report to Congress that (4) DATA ON REFUGEE EMPLOYMENT AND EXPOSED TO OPERATIONAL RISK includes— SELF-SUFFICIENCY.—The Director shall gath- FACTORS IN REQUIRED MENTAL ‘‘(i) States experiencing departures and ar- er longitudinal information relating to ref- HEALTH ASSESSMENT. rivals due to secondary migration; ugee self-sufficiency, integration, and em- Section 1074m(a)(2) of title 10, United ‘‘(ii) likely reasons for migration; ployment status during the 2-year period be- States Code, is amended by striking ‘‘the ‘‘(iii) the impact of secondary migration on ginning 1 year after the date on which the Secretary determines that’’ and all that fol- States hosting secondary migrants; refugees arrived in the United States. lows through the period at the end and inserting the following: ‘‘(iv) the availability of social services for (5) AVAILABILITY OF DATA.—The Director secondary migrants in those States; and shall annually— ‘‘(A) the member completes a mental ‘‘(v) unmet needs of those secondary mi- (A) update the data collected under this health assessment under section 1074n of this grants.’’. subsection; and title during any of the time periods specified (3) AMENDMENTS TO SOCIAL SERVICES FUND- (B) submit a report to Congress that con- under such subparagraphs; or ING.—Section 412(c)(1)(B) of such Act (8 tains the updated data. ‘‘(B) the Secretary determines that pro- U.S.C. 1522(c)(1)(B)) is amended— (e) GUIDANCE REGARDING REFUGEE PLACE- viding a mental health assessment under (A) by inserting ‘‘a combination of—’’ after MENT DECISIONS.— this section to the member during such time ‘‘based on’’; (1) CONSULTATION.—The Secretary of State periods would remove the member from for- (B) by striking ‘‘the total number’’ and in- shall provide guidance to national resettle- ward deployment or put members or oper- serting the following: ment agencies and State refugee coordina- ational objectives at risk.’’. ‘‘(i) the total number’’; and tors on consultation with local stakeholders (C) by striking the period at the end and pertaining to refugee resettlement. SA 1875. Mr. PAUL submitted an inserting the following: (2) BEST PRACTICES.—The Secretary of amendment intended to be proposed to ‘‘(ii) the total number of all other eligible Health and Human Services, in collaboration amendment SA 1463 proposed by Mr. populations served by the Office during the with the Secretary of State, shall collect MCCAIN to the bill H.R. 1735, to author- period described who are residing in the best practices related to the implementation ize appropriations for fiscal year 2016 State as of the beginning of the fiscal year; of the guidance on stakeholder consultation for military activities of the Depart- and on refugee resettlement from voluntary ment of Defense, for military construc- ‘‘(iii) projections on the number and nature agencies and State refugee coordinators and tion, and for defense activities of the of incoming refugees and other populations disseminate such best practices to such served by the Office during the subsequent agencies and coordinators. Department of Energy, to prescribe fiscal year.’’. (f) EFFECTIVE DATE.—This section (except military personnel strengths for such (4) NOTICE AND RULEMAKING.—Not later for the amendments made by subsection (c)) fiscal year, and for other purposes; than 90 days after the date of the enactment shall take effect on the date that is 90 days which was ordered to lie on the table; of this Act and not later than 30 days before after the date of the enactment of this Act. as follows: the effective date set forth in paragraph (5), SA 1873. Ms. HIRONO (for herself and At the appropriate place, insert the fol- the Director shall— lowing: (A) issue a proposed rule for a new formula Mr. WYDEN) submitted an amendment SEC. lll. FEASIBILITY STUDY ON EXPANDING by which grants and contracts are to be allo- intended to be proposed to amendment ACCESS TO POST-9/11 EDUCATIONAL cated pursuant to the amendments made by SA 1463 proposed by Mr. MCCAIN to the ASSISTANCE BY INDIVIDUALS WITH paragraph (3); and bill H.R. 1735, to authorize appropria- POST-TRAUMATIC STRESS DIS- (B) solicit public comment regarding such tions for fiscal year 2016 for military ORDER OR TRAUMATIC BRAIN IN- proposed rule. activities of the Department of De- JURY. Not later than January 31, 2016, the Sec- (5) EFFECTIVE DATE.—The amendments fense, for military construction, and made by this subsection shall become effec- retary of Defense and the Secretary of Vet- tive on the first day of the first fiscal year for defense activities of the Depart- erans Affairs shall jointly— that begins after the date of the enactment ment of Energy, to prescribe military (1) complete a study on the feasibility of of this Act. personnel strengths for such fiscal enabling individuals entitled to educational (d) RESETTLEMENT DATA.— year, and for other purposes; which was assistance under chapter 33 of title 38, (1) IN GENERAL.—The Director shall expand ordered to lie on the table; as follows: United States Code, who have post-trau- the Office of Refugee Resettlement’s data At the end of subtitle B of title III, add the matic stress disorder or traumatic brain in- analysis, collection, and sharing activities in following: jury to pursue a program of education with accordance with the requirements set forth SEC. 314. SECURE ENERGY INNOVATION PRO- such assistance on a less than full-time but in paragraphs (2) through (5). GRAM. more than half-time basis; and (2) DATA ON MENTAL AND PHYSICAL MEDICAL (a) IN GENERAL.—The Secretary of Defense (2) submit to the congressional defense CASES.—The Director shall— should continue to develop and support committees, the Committee on Veterans’ Af- (A) coordinate with the Centers for Disease projects designed to foster secure and reli- fairs of the Senate, and the Committee on Control and Prevention, national resettle- able sources of all types of energy for mili- Veterans’ Affairs of the House of Representa- ment agencies, community-based organiza- tary installations, including energy meter- tives a report on the study carried out under tions, and State refugee health programs to ing, energy storage, and redundant power paragraph (1), which shall include the find- track national and State trends on refugees systems. ings of the secretaries and recommendations

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3937 for such legislative or administrative action base have at least 18 months prior notice of MCCAIN to the bill H.R. 1735, to author- as the secretaries consider appropriate. the delay. ize appropriations for fiscal year 2016 for military activities of the Depart- SA 1876. Mr. MORAN submitted an SA 1878. Mr. MCCAIN submitted an ment of Defense, for military construc- amendment intended to be proposed to amendment intended to be proposed to tion, and for defense activities of the amendment SA 1463 proposed by Mr. amendment SA 1463 proposed by Mr. Department of Energy, to prescribe MCCAIN to the bill H.R. 1735, to author- MCCAIN to the bill H.R. 1735, to author- military personnel strengths for such ize appropriations for fiscal year 2016 ize appropriations for fiscal year 2016 fiscal year, and for other purposes; for military activities of the Depart- for military activities of the Depart- which was ordered to lie on the table; ment of Defense, for military construc- ment of Defense, for military construc- as follows: tion, and for defense activities of the tion, and for defense activities of the Department of Energy, to prescribe On page 607, strike ‘‘submit to the congres- Department of Energy, to prescribe sional defense committees’’ and insert ‘‘, in military personnel strengths for such military personnel strengths for such consultation with the Director of National fiscal year, and for other purposes; fiscal year, and for other purposes; Intelligence, submit to the congressional de- which was ordered to lie on the table; which was ordered to lie on the table; fense committees, the Select Committee on as follows: as follows: Intelligence of the Senate, and the Perma- At the end of part II of subtitle H of title At the appropriate place, insert the fol- nent Select Committee on Intelligence of the V, add the following: lowing: House of Representatives’’. SEC. 593. REPORT ON EXEMPTION FROM FUR- SEC. ll. THIRD-PARTY SERVICE PROVIDERS. SA 1881. Mrs. FEINSTEIN (for herself LOUGH DURING A LAPSE IN APPRO- Section 487(a)(20) of the Higher Education PRIATIONS FOR POSITIONS FILLED and Mr. BURR) submitted an amend- Act of 1965 (20 U.S.C. 1094(a)(20)) is amended BY INDIVIDUALS ENGAGED IN MILI- ment intended to be proposed to TARY EQUIPMENT AND WEAPON SYS- by adding at the end the following: ‘‘Not- TEMS MAINTENANCE WITHIN THE withstanding the preceding sentence, an in- amendment SA 1463 proposed by Mr. DEPARTMENT OF DEFENSE. stitution may provide payment, based on the MCCAIN to the bill H.R. 1735, to author- (a) REPORT REQUIRED.—Not later than amount of tuition generated by the institu- ize appropriations for fiscal year 2016 March 1, 2016, the Secretary of Defense shall, tion from student enrollment, to a third- for military activities of the Depart- in coordination with the Chief of the Na- party entity that provides a set of services ment of Defense, for military construc- tional Guard Bureau, submit to the congres- to the institution that includes student re- tion, and for defense activities of the sional defense committees a report on the cruitment services, regardless of whether the Department of Energy, to prescribe exemption from furlough during a lapse in third-party entity is affiliated with an insti- appropriations for positions filled by individ- tution that provides educational services military personnel strengths for such uals engaged in military equipment and other than the institution providing such fiscal year, and for other purposes; weapon system maintenance within the De- payment, if— which was ordered to lie on the table; partment of Defense, including the position ‘‘(A) the third-party entity is not affiliated as follows: of military technician (dual status) and posi- with the institution providing such payment; On page 682, beginning on line 8, strike tions of field and depot level maintenance ‘‘(B) the third-party entity does not make ‘‘Committees’’ and all that follows through and engineers. compensation payments to its employees line 11 and insert the following: ‘‘Committee (b) ELEMENTS.—The report required by sub- that are prohibited under this paragraph; on Armed Services and the Select Com- section (a) shall include the following: ‘‘(C) the set of services provided to the in- mittee on Intelligence of the Senate and the (1) An analysis of the Department of De- stitution by the third-party entity include Committee on Armed Services and the Per- fense positions described in subsection (a), services in addition to student recruitment manent Select Committee on Intelligence of and the personnel, that were exempted from services, and the institution does not pay the the House of Representatives a report set- furlough during the most recent lapse in ap- third-party entity solely or separately for ting forth the policy developed pursuant to propriations for the Department. student recruitment services provided by the subsection (a).’’. (2) An analysis of positions filled by indi- third-party entity; and viduals engaged in military equipment and ‘‘(D) any student recruitment information SA 1882. Mr. UDALL submitted an weapon system maintenance within the De- available to the third-party entity, including amendment intended to be proposed to partment, and the personnel, that were not personally identifiable information, will not amendment SA 1463 proposed by Mr. exempted from the furlough described in be used by, shared with, or sold to any other MCCAIN to the bill H.R. 1735, to author- paragraph (1). person or entity, including any institution (3) A cost analysis of the exemption of po- that is affiliated with the third-party enti- ize appropriations for fiscal year 2016 sitions from furlough as described in para- ty.’’. for military activities of the Depart- graph (1). ment of Defense, for military construc- SA 1879. Mr. ALEXANDER submitted tion, and for defense activities of the SA 1877. Mr. COATS submitted an an amendment intended to be proposed Department of Energy, to prescribe amendment intended to be proposed to to amendment SA 1463 proposed by Mr. military personnel strengths for such amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, to author- fiscal year, and for other purposes; MCCAIN to the bill H.R. 1735, to authorize appropriations for fiscal year 2016 which was ordered to lie on the table; ize appropriations for fiscal year 2016 for military activities of the Depart- as follows: for military activities of the Depart- ment of Defense, for military construc- On page 58, strike lines 14 through 17 and ment of Defense, for military construction, and for defense activities of the insert the following: tion, and for defense activities of the Department of Energy, to prescribe services of the Centers; Department of Energy, to prescribe military personnel strengths for such ‘‘(C) enhance capabilities by reducing the military personnel strengths for such fiscal year, and for other purposes; cost and improving the performance and effi- fiscal year, and for other purposes; ciency of executing laboratory missions; and which was ordered to lie on the table; ‘‘(D) expand commercial business ventures which was ordered to lie on the table; as follows: as follows: based on the core competencies of a Center, At the end of subtitle G of title X, add the as determined by the director of the Center, At the end of subtitle B of title I, add the following: to promote technology transfer. following: SEC. 1085. MINIMUM WAGE APPLICABLE TO SEC. 119. REPORT ON POTENTIAL IMPACTS TO AMERICAN SAMOA. SA 1883. Mr. KAINE (for himself and THE INDUSTRIAL BASE OF DELAY- Section 8103(b)(2)(C) of the Fair Minimum Mr. FLAKE) submitted an amendment ING OVERHAUL OF USS GEORGE WASHINGTON (CVN–73). Wage Act of 2007 (29 U.S.C. 206(b)(2)(C) note) intended to be proposed to amendment Not later than 180 days after the date of is amended— SA 1463 proposed by Mr. MCCAIN to the the enactment of this Act, the Secretary of (1) by striking ‘‘and 2014’’ and inserting bill H.R. 1735, to authorize appropria- the Navy shall submit to the Committees on ‘‘2014, 2015, 2016, and 2017’’; and tions for fiscal year 2016 for military (2) by striking ‘‘triennial report required’’ Armed Services of the Senate and the House activities of the Department of De- of Representatives a report detailing the po- and inserting ‘‘triennial report required to be submitted in 2017’’. fense, for military construction, and tential impacts to the industrial base if the for defense activities of the Depart- July 2017 start date for the refueling and complex overhaul (RCOH) of the USS SA 1880. Mrs. FEINSTEIN (for herself ment of Energy, to prescribe military GEORGE WASHINGTON (CVN-73) is delayed and Mr. BURR) submitted an amend- personnel strengths for such fiscal by six months, one year, or two years. The ment intended to be proposed to year, and for other purposes; which was report shall assume the Navy and industrial amendment SA 1463 proposed by Mr. ordered to lie on the table; as follows:

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3938 CONGRESSIONAL RECORD — SENATE June 9, 2015 At the end of subtitle B of title XII, add mation technologies to intimidate, recruit, tion, and for defense activities of the the following: radicalize, and raise funds. Department of Energy, to prescribe SEC. 1230. USE OF MILITARY FORCE AGAINST (2) The Islamic State of Iraq and the Le- military personnel strengths for such THE ISLAMIC STATE OF IRAQ AND vant (ISIL) has expertly exploited social fiscal year, and for other purposes; THE LEVANT. media to spread its propaganda, intimidate Congress makes the following findings: its opposition, raise money, and recruit oth- which was ordered to lie on the table; (1) The United States has been engaged in ers into its ranks. as follows: military operations against the Islamic (3) The United States strategy to defeat On page 263, strike lines 6 through 13 and State of Iraq and Levant (ISIL) since August the Islamic State of Iraq and the Levant insert the following: 8, 2014. must include a campaign to counter digital (1) in subsection (e)(3)(A), by striking ‘‘in (2) Thousands of members of the United media to degrade and defeat the social media the United States’’; and States Armed Forces have been deployed to propaganda and recruitment networks of the support military operations against ISIL in Islamic State of Iraq and the Levant. SA 1887. Ms. MIKULSKI submitted Iraq and Syria. (4) This effort must include the empow- an amendment intended to be proposed (3) The United States has conducted over ering of moderate local voices and other non- to amendment SA 1463 proposed by Mr. 3,400 airstrikes against ISIL as of June 2015. United States attributed messaging to chal- MCCAIN to the bill H.R. 1735, to author- (4) The United States has spent more than lenge the Islamic State of Iraq and the Le- ize appropriations for fiscal year 2016 $2,600,000,000 American taxpayer dollars on vant through a coordinated and integrated this war as of June 2015—a number that con- Government-wide strategy online. for military activities of the Depart- tinues to rise by approximately $9,000,000 per (b) MESSAGING PLAN.—The Secretary of De- ment of Defense, for military construc- day. fense shall, in coordination with the Sec- tion, and for defense activities of the (5) Tragically, members of the Armed retary of State, the Director of National In- Department of Energy, to prescribe Forces have been killed in Operation Inher- telligence, the Broadcasting Board of Gov- military personnel strengths for such ent Resolve, and United States hostages ernors, and other appropriate public and pri- fiscal year, and for other purposes; have been killed by ISIL in barbaric ways. vate sector stakeholders, develop and imple- which was ordered to lie on the table; (6) The most solemn duty and responsi- ment a coordinated messaging plan for the as follows: bility Congress has is the authority, under Internet, including elements described in article 1, section 8 of the Constitution, to subsection (a)(4), to counter propaganda and At the end of subtitle A of title XIV, add ‘‘declare war’’. recruitment media disseminated by the Is- the following: (7) While Congress has authorized appro- lamic State of Iraq and the Levant and asso- SEC. 1409. ADDITIONAL AMOUNT FOR OTHER AU- priations for Operation Inherent Resolve, ciated violent extremist groups abroad. THORIZATIONS, WORKING CAPITAL and authorized the training of anti-ISIL FUNDS, FOR THE DEFENSE COM- MISSARY AGENCY. forces in Syria, Congress has taken no for- SA 1885. Mr. PETERS (for himself, mal action to approve Operation Inherent (a) ADDITIONAL AMOUNT.—The amount au- Ms. HIRONO, and Mr. WYDEN) submitted thorized to be appropriated for fiscal year Resolve. an amendment intended to be proposed (8) In testimony before the Committee on 2016 by section 1401 is hereby increased by Foreign Relations of the Senate, the Sec- to amendment SA 1463 proposed by Mr. $322,000,000, with the amount of the increase retary of State, the Secretary of Defense, MCCAIN to the bill H.R. 1735, to author- to be available for working capital funds, De- and the Special Presidential Envoy for the ize appropriations for fiscal year 2016 fense Commissary Agency, as specified in the Global Coalition to Counter ISIL agreed that for military activities of the Depart- funding table in section 4501. congressional authorization of Operation In- ment of Defense, for military construc- (b) OFFSET.—The amount authorized to be herent Resolve is important for reinforcing tion, and for defense activities of the appropriated for fiscal year 2016 by section the leadership of the United States with our 301 is hereby decreased by $322,000,000, with Department of Energy, to prescribe the amount of the decrease to be applied to coalition partners. military personnel strengths for such (9) President Barack Obama submitted an amounts available for operation and mainte- authorization for use of military force fiscal year, and for other purposes; nance as specified in the funding table in against ISIL in February 2015. which was ordered to lie on the table; section 4301 and achieved by limiting exces- (10) Congress has a duty to debate and de- as follows: sive and redundant purchases of spare parts. termine whether or not to authorize the use At the end of subtitle C of title II, add the of military force against ISIL and to engage following: SA 1888. Mrs. McCASKILL submitted in a debate about whether it is in the na- SEC. 314. AUTHORIZATION FOR RESEARCH TO IM- an amendment intended to be proposed tion’s best interest to order United States PROVE MILITARY VEHICLE TECH- to amendment SA 1463 proposed by Mr. troops to risk their lives in this mission. NOLOGY TO INCREASE FUEL ECON- MCCAIN to the bill H.R. 1735, to author- (11) The American public deserves a con- OMY OR REDUCE FUEL CONSUMP- ize appropriations for fiscal year 2016 gressional debate to educate them about the TION OF MILITARY GROUND VEHI- CLES USED IN COMBAT. for military activities of the Depart- national security interests at stake and the ment of Defense, for military construc- advisability of this war. (a) RESEARCH AUTHORIZED.—The Secretary (12) Authorizing Operation Inherent Re- of Defense, acting through the Assistant Sec- tion, and for defense activities of the solve would send a strong message to our co- retary of Defense for Research and Engineer- Department of Energy, to prescribe alition partners and to our adversaries that ing and in collaboration with the Secretary military personnel strengths for such the United States is united in the fight of the Army, the Secretary of the Navy, and fiscal year, and for other purposes; against ISIL and speaks with one voice in the Director of the Defense Advanced Re- which was ordered to lie on the table; confronting ISIL. search Projects Agency, may carry out research to improve military ground vehicle as follows: SA 1884. Mr. SCHATZ submitted an technology to increase fuel economy or re- On page 564, after line 25, add the following: amendment intended to be proposed to duce fuel consumption of military ground ve- (d) REPORT.— amendment SA 1463 proposed by Mr. hicles used in combat. (b) PREVIOUS SUCCESSES.—The Secretary of (1) DEFINITION.—In this subsection, the MCCAIN to the bill H.R. 1735, to author- Defense shall ensure that research carried term ‘‘covered employee’’ has the meaning ize appropriations for fiscal year 2016 out under subsection (a) takes into account given that term in section 1599e of title 10, for military activities of the Depart- the successes of, and lessons learned during, United States Code, as added by subsection ment of Defense, for military construc- previous Department of Defense, Department (a)(1). tion, and for defense activities of the of Energy, and private sector efforts to iden- (2) CONTENTS.—The Secretary of Defense Department of Energy, to prescribe tify, assess, develop, demonstrate, and proto- shall submit to Congress a report regarding type technologies that support increasing covered employees hired into a probationary military personnel strengths for such status during the 10-year period ending on fiscal year, and for other purposes; fuel economy or decreasing fuel consumption of military ground vehicles, while balancing the date of enactment of this Act, which which was ordered to lie on the table; survivability, in furtherance of military mis- shall include the number of covered employ- as follows: sions. ees— At the end of subtitle G of title XII, add (A) hired during the period; the following: SA 1886. Ms. MIKULSKI submitted (B) whose appointment became final after SEC. 1283. MESSAGING PLAN FOR THE INTERNET an amendment intended to be proposed the probationary period; TO COUNTERING VIOLENT EXTRE- to amendment SA 1463 proposed by Mr. (C) who were subject to disciplinary action MISM ABROAD. or termination during the 5-year period be- C AIN (a) FINDINGS.—Congress makes the fol- M C to the bill H.R. 1735, to author- ginning on the date on which the appoint- lowing findings: ize appropriations for fiscal year 2016 ment of the covered employee became final; (1) Violent extremist groups abroad infor military activities of the Depart- (D) who were subject to disciplinary action creasingly use social media and other infor- ment of Defense, for military construc- during the probationary period; and

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3939 (E) who were terminated before the ap- rector of National Intelligence, shall com- On page 213, between lines 9 and 10, insert pointment of the covered employee became plete a thorough review of Army Field Man- the following: final. ual 2–22.3, and revise Army Field Manual 2– (3) PRESERVATION OF CURRENT BAH FOR CER- 22.3, as necessary to ensure that Army Field TAIN OTHER MARRIED MEMBERS.—Notwith- SA 1889. Mr. MCCAIN (for himself, Manual 2–22.3 complies with the legal obliga- standing paragraph (1), the amount of basic Mrs. FEINSTEIN, Mr. REED, and Ms. COL- tions of the United States and reflects cur- allowance for housing payable to a member LINS) submitted an amendment in- rent, evidence-based, best practices for inter- of the uniformed services under section 403 of tended to be proposed to amendment rogation that are designed to elicit reliable title 37, United States Code, as of September SA 1463 proposed by Mr. MCCAIN to the and voluntary statements and do not involve 30, 2015, shall not be reduced by reason of the bill H.R. 1735, to authorize appropria- the use or threat of force. amendment made by subsection (a) unless— tions for fiscal year 2016 for military (ii) AVAILABILITY TO THE PUBLIC.—Army (A) the member and the member’s spouse Field Manual 2–22.3 shall remain available to undergo a permanent change of station re- activities of the Department of De- the public and any revisions to the Army quiring a change of residence; fense, for military construction, and Field Manual 2–22.3 adopted by the Secretary (B) the member and the member’s spouse for defense activities of the Depart- of Defense shall be made available to the move into or commence living in on-base ment of Energy, to prescribe military public 30 days prior to the date the revisions housing; or personnel strengths for such fiscal take effect. year, and for other purposes; as fol- (B) REPORT ON BEST PRACTICES OF INTERRO- SA 1891. Mr. SESSIONS submitted an lows: GATIONS.— amendment intended to be proposed to At the end of subtitle D of title X, add the (i) REQUIREMENT FOR REPORT.—Not later amendment SA 1463 proposed by Mr. following: than 120 days after the date of the enactment of this Act, the interagency body established MCCAIN to the bill H.R. 1735, to author- SEC. 1040. REAFFIRMATION OF THE PROHIBITION pursuant to Executive Order 13491 (com- ize appropriations for fiscal year 2016 ON TORTURE. for military activities of the Depart- (a) LIMITATION ON INTERROGATION TECH- monly known as the High-Value Detainee In- NIQUES TO THOSE IN THE ARMY FIELD MAN- terrogation Group) shall submit to the Sec- ment of Defense, for military construc- UAL.— retary of Defense, the Director of National tion, and for defense activities of the (1) ARMY FIELD MANUAL 2–22.3 DEFINED.—In Intelligence, the Attorney General, and Department of Energy, to prescribe this subsection, the term ‘‘Army Field Man- other appropriate officials a report on cur- military personnel strengths for such ual 2–22.3’’ means the Army Field Manual 2– rent, evidence-based, best practices for inter- fiscal year, and for other purposes; 22.3 entitled ‘‘Human Intelligence Collector rogation that are designed to elicit reliable and voluntary statements and do not involve which was ordered to lie on the table; Operations’’ in effect on the date of the en- as follows: actment of this Act or any similar successor the use of force. Army Field Manual. (ii) RECOMMENDATIONS.—The report re- At the end of subtitle C of title XII, add (2) RESTRICTION.— quired by clause (i) may include rec- the following: (A) IN GENERAL.—An individual described ommendations for revisions to Army Field SEC. 1242. SENSE OF CONGRESS ON IRAN NEGO- in subparagraph (B) shall not be subjected to Manual 2–22.3 based on the body of research TIATIONS. any interrogation technique or approach, or commissioned by the High-Value Detainee (a) FINDINGS.—Congress makes the fol- any treatment related to interrogation, that Interrogation Group. lowing findings: is not authorized by and listed in the Army (iii) AVAILABILITY TO THE PUBLIC.—Not (1) President Barack Obama and adminis- Field Manual 2–22.3. later than 30 days after the report required tration officials have routinely spoken about (B) INDIVIDUAL DESCRIBED.—An individual by clause (i) is submitted such report shall taking a hard line when dealing with Iran on described in this subparagraph is an indi- be made available to the public. the subject of their nuclear program and re- vidual who is— (b) INTERNATIONAL COMMITTEE OF THE RED lated sanctions. (i) in the custody or under the effective CROSS ACCESS TO DETAINEES.— (2) On September 25, 2012, in a speech to control of an officer, employee, or other (1) REQUIREMENT.—The head of any depart- the United Nations General Assembly, Presi- agent of the United States Government; or ment or agency of the United States Govern- dent Obama stated: ‘‘Make no mistake: A nu- (ii) detained within a facility owned, oper- ment shall provide the International Com- clear-armed Iran is not a challenge that can ated, or controlled by a department or agen- mittee of the Red Cross with notification of, be contained. . .the United States will do cy of the United States, in any armed con- and prompt access to, any individual de- what we must to prevent Iran from obtaining flict. tained in any armed conflict in the custody a nuclear weapon.’’ (3) IMPLEMENTATION.—Interrogation tech- or under the effective control of an officer, (3) On April 2, 2015, in an address in the niques, approaches, and treatments described employee, contractor, subcontractor, or Rose Garden, President Obama stated that in Army Field Manual 2–22.3 shall be imple- other agent of the United States Govern- ‘‘Iran has also agreed to the most robust and mented strictly in accord with the prin- ment or detained within a facility owned, op- intrusive inspections and transparency re- ciples, processes, conditions, and limitations erated, or effectively controlled by a depart- gime,’’ and declared, ‘‘This deal was not prescribed by Army Field Manual 2–22.3. ment, agency, contractor, or subcontractor based on trust. It’s based on unprecedented (4) AGENCIES OTHER THAN THE DEPARTMENT of the United States Government, consistent verification.’’ OF DEFENSE.—If a process required by Army with Department of Defense regulations and (4) On April 2, 2015, in an interview with Field Manual 2–22.3, such as a requirement of policies. Andrea Mitchell of NBC, in Lausanne, Swit- approval by a specified Department of De- (2) CONSTRUCTION.—Nothing in this sub- zerland, Secretary of State John Kerry when fense official, is inapposite to a department section shall be construed— asked, ‘‘Mr. Secretary, President Obama said or an agency other than the Department of (A) to create or otherwise imply the au- if Iran cheats, we will know it. How can you Defense, the head of such department or thority to detain; or be so sure? They’ve cheated before’’; stated, agency shall ensure that a process that is (B) to limit or otherwise affect any other ‘‘Well, we have extraordinary, extensive substantially equivalent to the process pre- individual rights or state obligations which verification measures that have not been ap- scribed by Army Field Manual 2–22.3 for the may arise under United States law or inter- plied before. We will have state-of-the-art Department of Defense is utilized by all offi- national agreements to which the United television cameras within centrifuge produc- cers, employees, or other agents of such de- States is a party, including the Geneva Con- tion facilities. We will have cradle-to-grave partment or agency. ventions, or to state all of the situations tracking of uranium—uranium from the (5) INTERROGATION BY FEDERAL LAW EN- under which notification to and access for mine to the mill to the yellowcake to gas to FORCEMENT.—Nothing in this subsection the International Committee of the Red the centrifuge to out and where it goes in shall preclude an officer, employee, or other Cross is required or allowed. spent fuel. So we have—that is an amazing agent of the Federal Bureau of Investigation Mr. DAINES submitted an amount—and we have a new dispute process or other Federal law enforcement agency SA 1890. which will allow us to be able to finalize ac- from continuing to use authorized, non-coer- amendment intended to be proposed to cess where we need it.’’ cive techniques of interrogation that are de- amendment SA 1463 proposed by Mr. (5) April 8, 2015, on the ‘‘PBS NewsHour,’’ signed to elicit voluntary statements and do MCCAIN to the bill H.R. 1735, to author- Secretary Kerry said that in any final agree- not involve the use of force, threats, or ize appropriations for fiscal year 2016 ment, Iran would also have to resolve out- promises. for military activities of the Depart- standing questions with the International (6) UPDATE OF THE ARMY FIELD MANUAL.— ment of Defense, for military construc- Atomic Energy Agency over suspected mili- (A) REQUIREMENT TO UPDATE.— tion, and for defense activities of the tary dimensions of the nuclear program. ‘‘It (i) IN GENERAL.—Not later than one year Department of Energy, to prescribe will be part of a final agreement,’’ he said. after the date of the enactment of this Act, ‘‘It has to be.’’ and once every three years thereafter, the military personnel strengths for such (6) Iran’s supreme leader, Ayatollah Ali Secretary of Defense, in coordination with fiscal year, and for other purposes; Khamenei, has routinely spoken out openly the Attorney General, the Director of the which was ordered to lie on the table; against the United States and any sanctions Federal Bureau of Investigation, and the Di- as follows: against Iran’s nuclear program.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3940 CONGRESSIONAL RECORD — SENATE June 9, 2015 (7) On April 9, 2015, the Wall Street Jour- tended to be proposed to amendment (D) conduct outreach efforts to educate nal, in response to the nuclear deal, re- SA 1463 proposed by Mr. MCCAIN to the members of the Armed Forces with Military ported, ‘‘The 75-year-old cleric also said bill H.R. 1735, to authorize appropria- Occupational Safety Codes, Air Force Spe- Iran’s government and security forces tions for fiscal year 2016 for military cialty Codes, and Naval Enlisted Classifica- wouldn’t permit outside inspections of the tions and Officer Designators that are trans- country’s military sites, which are officially activities of the Department of De- ferable to the requirements, qualifications, nonnuclear but where United Nations inves- fense, for military construction, and and duties assigned to Customs and Border tigators suspect Tehran conducted tests re- for defense activities of the Depart- Protection Officers; lated to atomic weapons development.’’ ment of Energy, to prescribe military (E) require the Secretary of Defense and (8) On May 20, 2015, in a graduation speech personnel strengths for such fiscal the Secretary of Homeland Security to work at the Imam Hussein Military University in year, and for other purposes; which was cooperatively to identify shared activities Tehran, Ayatollah Ali Khamenei ruled out ordered to lie on the table; as follows: and opportunities for reciprocity related to allowing international inspectors to inter- steps in hiring U.S. Customs and Border Pa- At the appropriate place, insert the fol- view Iranian nuclear scientists as part of any trol officers with the goal of minimizing the lowing: potential deal on its nuclear program, and time required to hire qualified applicants; reiterated that ‘‘regarding inspections, we SEC. lll. RECRUITING SEPARATING SERVICE (F) require the Secretary of Defense and MEMBERS AS CUSTOMS AND BOR- the Secretary of Homeland Security to work have said that we will not let foreigners in- DER PATROL OFFICERS. spect any military center’’. cooperatively to ensure the streamlined (a) FINDINGS.—Congress finds that— (9) The stated positions of the United interagency transfer of relevant background (1) Customs and Border Protection Officers investigations and security clearances; and States requiring ‘‘robust and intrusive’’ in- at United States ports of entry carry out spections of Iran’s nuclear sites and any (G) include such other elements as may be critical law enforcement duties associated necessary to ensure that members of the other sites where nuclear activities may be with screening foreign visitors, returning carried out or may have been conducted pre- Armed Forces who are separating from mili- United States citizens, and imported cargo tary service are aware of opportunities to fill viously is essential to any effective agree- entering the United States; ment that would provide relief from sanc- vacant Customs and Border Protection Offi- (2) it is in the national interest for United cer positions. tions. States ports of entry to be adequately (10) The public statements of Ayatollah Ali (d) REPORT TO CONGRESS.— staffed with Customs and Border Protection (1) IN GENERAL.—Not later than 90 days Khamenei and other top Iranian leaders sug- Officers in a timely fashion, including meet- gest they may refuse to grant such inspec- after the date of the enactment of this Act, ing the congressionally mandated staffing and December 31 of each year thereafter, the tions as are required to ensure the nuclear level of 23,775 officers for fiscal year 2015; Secretary of Homeland Security and the Sec- agreement is complied with. (3) an estimated 250,000 to 300,000 members retary of Defense shall jointly submit a re- (b) SENSE OF CONGRESS.—It is the sense of of the Armed Forces separate from military Congress that— port to the appropriate congressional com- service every year; and (1) the Government of Iran’s stated opposi- mittees that includes a description and as- (4) recruiting efforts and expedited hiring tion to inspections represents decisive ques- sessment of the program established under procedures should be undertaken to ensure tions and suggest a verifiable agreement subsection (c). that individuals separating from military (2) CONTENT.—The report required under may be unachievable; and service are aware of, and partake in, oppor- paragraph (1) shall include— (2) no nuclear agreement with Iran that tunities to fill vacant Customs and Border (A) a detailed description of the program does not include robust inspections and prop- Protection Officer positions. established under subsection (c), including— er verification of all Iran’s nuclear programs (b) EXPEDITED HIRING OF APPROPRIATE SEP- (i) programmatic elements; and related military installations and access ARATING SERVICE MEMBERS.— (ii) goals associated with those elements; to nuclear supporting scientists should be (1) IDENTIFICATION OF TRANSFERABLE QUALI- and accepted. FICATIONS.—Not later than 60 days after the (iii) a description of how the elements and SA 1892. Mr. DAINES (for himself date of the enactment of this Act, the Sec- goals will assist in meeting statutorily man- retary of Homeland Security, in conjunction dated staffing levels and agency hiring and Mrs. GILLIBRAND) submitted an with the Secretary of Defense, shall jointly benchmarks; amendment intended to be proposed to identify Military Occupational Safety Codes, (B) a detailed description of the program amendment SA 1463 proposed by Mr. Air Force Specialty Codes, and Naval En- elements that have been implemented under MCCAIN to the bill H.R. 1735, to author- listed Classifications and Officer Designators subsection (c); ize appropriations for fiscal year 2016 and Coast Guard Competencies that are (C) a detailed summary of the actions for military activities of the Depart- transferable to the requirements, qualifica- taken under subsection (c) to implement ment of Defense, for military construc- tions, and duties assigned to Customs and such program elements; (D) the number of separating service mem- tion, and for defense activities of the Border Protection Officers. (2) HIRING.—The Secretary of Homeland bers made aware of Customs and Border Pro- Department of Energy, to prescribe Security shall consider hiring qualified can- tection Officer vacancies; military personnel strengths for such didates with the Military Occupational Safe- (E) the Military Occupational Safety fiscal year, and for other purposes; ty Codes, Air Force Specialty Codes, and Codes, Air Force Specialty Codes, and Naval which was ordered to lie on the table; Naval Enlisted Classifications and Officer Enlisted Classifications and Officer Designa- as follows: Designators identified as transferable under tors identified as transferable under sub- At the end of subtitle G of title X, add the paragraph (1) who are eligible for veterans section (b)(1) and a rationale for such identi- fications; following: recruitment appointment authorized under section 4214 of title 38, United States Code. (F) the number of Customs and Border Pro- SEC. 1085. CLARIFICATION OF PRESUMPTIONS OF tection Officer vacancies filled with sepa- EXPOSURE FOR VETERANS WHO (c) ESTABLISHING A PROGRAM FOR RECRUIT- SERVED IN VICINITY OF REPUBLIC ING SERVICE MEMBERS SEPARATING FROM rating service members; OF VIETNAM. MILITARY SERVICE FOR CUSTOMS AND BORDER (G) the number of Customs and Border Pro- (a) COMPENSATION.—Subsections (a)(1) and PROTECTION OFFICER VACANCIES.— tection Officer vacancies filled with sepa- (f) of section 1116 of title 38, United States (1) IN GENERAL.—Not later than 180 days rating service members under Veterans’ Re- Code, are amended by inserting ‘‘(including after the date of the enactment of this Act, cruitment Appointment authorized under the territorial seas of such Republic)’’ after the Secretary of Homeland Security, in con- the Veterans Employment Opportunity Act ‘‘served in the Republic of Vietnam’’ each junction with the Secretary of Defense, shall of 1998 (Public Law 105–339); and place it appears. establish a program to actively recruit mem- (H) the results of any evaluations or con- (b) HEALTH CARE.—Section 1710(e)(4) of bers of the Armed Forces who are separating siderations of additional elements included such title is amended by inserting ‘‘(includ- from military service to serve as Customs or not included in the program established ing the territorial seas of such Republic)’’ and Border Protection Officers. under subsection (c). after ‘‘served on active duty in the Republic (2) ELEMENTS.—The program established (e) RULES OF CONSTRUCTION.—Nothing in of Vietnam’’. under paragraph (1) shall— this section may be construed— (c) EFFECTIVE DATE.—The amendments (A) include Customs and Border Protection (1) as superseding, altering, or amending made by subsections (a) and (b) shall take ef- Officer opportunities in relevant job assist- existing Federal veterans’ hiring preferences fect as of September 25, 1985. ance efforts under the Transition Assistance or Federal hiring authorities; or (d) OFFSET.—Increased Government ex- Program; (2) to authorize the appropriation of addi- penditures resulting from enactment of this (B) place Customs and Border Protection tional amounts to carry out this section. section shall be paid from savings achieved Officers at recruiting events and jobs fairs by section 605 of this Act. involving members of the Armed Forces who SA 1894. Mr. HELLER submitted an are separating from military service; amendment intended to be proposed to SA 1893. Mr. FLAKE (for himself, Mr. (C) provide opportunities for local U.S. amendment SA 1463 proposed by Mr. JOHNSON, Mr. MCCAIN, and Mr. SCHU- Customs and Border Protection field offices MCCAIN to the bill H.R. 1735, to author- MER) submitted an amendment in- to partner with military bases in the region; ize appropriations for fiscal year 2016

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3941 for military activities of the Depart- struction, and for defense activities of (b) REGULATIONS.—The Secretary of De- ment of Defense, for military construc- the Department of Energy, to prescribe fense shall revise the regulations required by tion, and for defense activities of the military personnel strengths for such section 1565b(b) of title 10, United States Code, to establish procedures to ensure that Department of Energy, to prescribe fiscal year, and for other purposes; Members of Congress can engage with the military personnel strengths for such which was ordered to lie on the table; Department of Defense on behalf of a mem- fiscal year, and for other purposes; as follows: ber of the Armed Forces who is a victim of which was ordered to lie on the table; At the appropriate place, insert the fol- sexual assault, pursuant to a request for as- as follows: lowing: sistance from the victim to such Member of At the end of subtitle C of title V, add the SEC. ll. REPORT ON THE ROLE OF THE MIN- Congress, in a confidential manner. Under following: ISTRY OF THE REVOLUTIONARY the regulations as so revised, neither a re- ARMED FORCES AND THE MINISTRY quest by a victim to a Member of Congress SEC. 524. SENSE OF SENATE ON SECRETARY OF OF THE INTERIOR IN CUBA IN THE DEFENSE REVIEW OF SECTION 504 for assistance nor subsequent engagement ECONOMY AND FOREIGN RELATION- with the victim by such Member of Congress OF TITLE 10, UNITED STATES CODE, SHIPS OF CUBA. shall jeopardize the Restricted status of any REGARDING ENLISTING CERTAIN (a) IN GENERAL.—Not later than 180 days report filed by the victim in connection with ALIENS IN THE ARMED FORCES. after the date of the enactment of this Act, the sexual assault. It is the sense of the Senate that the Sec- and not less frequently than annually there- retary of Defense should review section 504 of after, the President shall submit a report to title 10, United States Code, for the purpose SA 1898. Mrs. MURRAY submitted an Congress that describes the role of the Min- amendment intended to be proposed to of making a determination and authoriza- istry of the Revolutionary Armed Forces and tion pursuant to subsection (b)(2) of such the Ministry of the Interior of the Republic amendment SA 1463 proposed by Mr. section regarding the enlistment in the of Cuba with respect to the economy of Cuba. MCCAIN to the bill H.R. 1735, to author- Armed Forces of aliens who— (b) CONTENTS.—The report required under ize appropriations for fiscal year 2016 (1) were unlawfully present in the United subsection (a) shall— for military activities of the Depart- States on December 31, 2011; (1) identify the entities that the United ment of Defense, for military construc- (2) have been continuously present in the States considers to be owned, operated, or tion, and for defense activities of the United States since that date; controlled (in whole or in part) by— (3) were younger than 16 years of age on Department of Energy, to prescribe (A) the Ministry of the Revolutionary military personnel strengths for such the date the aliens initially entered the Armed Forces or the Ministry of the Interior United States; and of Cuba; or fiscal year, and for other purposes; (4) disregarding such unlawful status, are (B) any senior member of the Ministry of which was ordered to lie on the table; otherwise eligible for original enlistment in the Revolutionary Armed Forces or the Min- as follows: a regular component of the Army, Navy, Air istry of the Interior of Cuba; At the end of subtitle G of title X, add the Force, Marine Corps, or Coast Guard. (2) include an assessment of the business following: dealings with countries and entities outside SEC. 1085. NOTICE REGARDING MAXIMUM RATE SA 1895. Mr. HELLER submitted an of Cuba that are conducted by— OF INTEREST ON STUDENT LOANS amendment intended to be proposed to (A) either of the entities identified under UNDER SERVICEMEMBERS CIVIL RE- amendment SA 1463 proposed by Mr. paragraph (1)(A); or LIEF ACT. Section 105 of the Servicemembers Civil MCCAIN to the bill H.R. 1735, to author- (B) officers of such entities; and (3) include an assessment of the relation- Relief Act (50 U.S.C. App. 515) is amended— ize appropriations for fiscal year 2016 (1) by striking ‘‘The Secretary’’ and insert- for military activities of the Depart- ship of the Ministry of the Revolutionary Armed Forces and the Ministry of the Inte- ing the following: ment of Defense, for military construc- ‘‘(a) IN GENERAL.—The Secretary’’; and rior of Cuba with the militaries of foreign (2) by adding at the end the following new tion, and for defense activities of the countries, including whether either Cuban subsection: Department of Energy, to prescribe Ministry has— military personnel strengths for such ‘‘(b) STUDENT LOANS.—Each servicer of a (A) conducted any joint training, exercises, loan made, insured, or guaranteed under fiscal year, and for other purposes; financial dealings, or weapons purchases or Part B, D, or E of title IV of the HIgher Edu- which was ordered to lie on the table; sales with such foreign militaries; or cation Act of 1965 (20 U.S.C. 1071 et seq., 1087a as follows: (B) provided advisors to such foreign mili- et seq., 1087aa et seq.) shall, not later than 30 At the end of subtitle C of title V, add the taries. days after the date on which a servicemem- (c) FORM OF REPORT.—Each report sub- following: ber with a student loan serviced by such mitted under subsection (a) shall be sub- SEC. 524. EVALUATION OF THE IMPACT OF THE servicer that is subject to subsection (a) of mitted in unclassified form, but may include section 207 begins a period of military serv- ENLISTMENT OF CERTAIN ALIENS IN a classified annex. THE ARMED FORCES ON MILIARY ice, notify such servicemember of the READINESS. servicemember’s rights under this act.’’. SA 1897. Mrs. MURRAY submitted an (a) EVALUATION REQUIRED.—The Secretary of Defense shall evaluate— amendment intended to be proposed to SA 1899. Mr. REED submitted an (1) whether permitting covered aliens to amendment SA 1463 proposed by Mr. amendment intended to be proposed to enlist in the Armed Forces could expand the MCCAIN to the bill H.R. 1735, to author- amendment SA 1463 proposed by Mr. pool of potential enlistees in the Armed ize appropriations for fiscal year 2016 MCCAIN to the bill H.R. 1735, to author- Forces; and for military activities of the Depart- ize appropriations for fiscal year 2016 (2) how making covered aliens eligible for ment of Defense, for military construc- for military activities of the Depart- enlistment in the Armed Forces would im- tion, and for defense activities of the ment of Defense, for military construc- pact military readiness. Department of Energy, to prescribe (b) COVERED ALIENS DEFINED.—In this section, and for defense activities of the tion, the term ‘‘covered aliens’’ means aliens military personnel strengths for such Department of Energy, to prescribe who— fiscal year, and for other purposes; military personnel strengths for such (1) were unlawfully present in the United which was ordered to lie on the table; fiscal year, and for other purposes; States on December 31, 2011; as follows: which was ordered to lie on the table; (2) have been continuously present in the At the end of subtitle E of title V, add the as follows: United States since that date; following: The table in section 2614(b) is amended by (3) were younger than 16 years of age on SEC. 558. ADDITIONAL RECIPIENTS OF CON- adding after the item relating to Camp the date the aliens initially entered the FIDENTIAL DISCLOSURES OF SEX- Smith, New York, the following new item: United States; and UAL ASSAULT IN THE ARMED (4) disregarding such unlawful status, are FORCES THAT DO NOT TRIGGER AN otherwise eligible for original enlistment in OFFICIAL INVESTIGATION. Puerto Gurabo ..... Readiness Rico. Center ... $14,218,000 a regular component of the Army, Navy, Air (a) ADDITIONAL RECIPIENTS.—Section Force, Marine Corps, or Coast Guard. 1565b(b)(2) of title 10, United States Code, is modified by adding at the end the following SA 1900. Mrs. MURRAY submitted an SA 1896. Mr. MENENDEZ submitted new subparagraphs: amendment intended to be proposed to an amendment intended to be proposed ‘‘(D) The Senators representing the State amendment SA 1463 proposed by Mr. in which the victim resides, and the Member, to amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, to author- Delegate, or Resident Commissioner of the MCCAIN to the bill H.R. 1735, to au- House of Representatives representing the ize appropriations for fiscal year 2016 thorize appropriations for fiscal year district in which the victim resides. for military activities of the Depart- 2016 for military activities of the De- ‘‘(E) A Special Victims’ Counsel pursuant ment of Defense, for military construc- partment of Defense, for military con- to section 1044e of this title.’’. tion, and for defense activities of the

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3942 CONGRESSIONAL RECORD — SENATE June 9, 2015 Department of Energy, to prescribe partment and a program to provide training sional defense committees a report listing military personnel strengths for such to supervisors on actions, options, and strat- specific procurements by the Department of fiscal year, and for other purposes; egies a supervisor may use in administering Defense in that fiscal year of articles, mate- which was ordered to lie on the table; the performance management and workforce rials, or supplies valued greater than incentive system; $5,000,000, indexed to inflation, using the ex- as follows: (E) include effective transparency and ac- ception under section 8302(a)(2)(A) of title 41. Strike section 1103 and insert the fol- countability measures and safeguards to en- This report may be submitted as part of the lowing: sure that the management of the perform- report required under section 8305 of such SEC. 1103. SENSE OF CONGRESS ON IMPLEMEN- ance management and workforce incentive title. TATION OF THE ‘‘NEW BEGINNINGS’’ system is fair, credible, and equitable, in- ‘‘(b) APPROPRIATE CONGRESSIONAL COMMIT- PERFORMANCE MANAGEMENT AND cluding appropriate independent reasonable- TEES DEFINED.—In this section, the term ‘ap- WORKFORCE INCENTIVE SYSTEM OF THE DEPARTMENT OF DEFENSE. ness reviews, internal assessments, and em- propriate congressional committees’ means (a) FINDINGS.—Congress makes the fol- ployee surveys; the congressional defense committees, the lowing findings: (F) utilize the annual strategic workforce Committee on Homeland Security and Gov- (1) Section 1113 of the National Defense Au- plan required by section 115b of title 10, ernmental Affairs of the Senate, and the thorization Act for Fiscal Year 2010 (Public United States Code; and Committee on Oversight and Government Law 111–84) required the Department of De- (G) ensure that adequate resources are al- Reform of the House of Representatives.’’. LERICAL AMENDMENT.—The table of fense to institute a fair, credible, and trans- located for the design, implementation, and (b) C sections at the beginning of chapter 137 of parent performance appraisal system, given administration of the performance manage- title 10, United States Code, is amended by the name ‘‘New Beginnings’’, for employees ment and workforce incentive system. inserting after the item relating to section which— (7) Section 1113 of the National Defense Au- 2337 the following new item: (A) links employee bonuses and other per- thorization Act for Fiscal Year 2010 also re- formance-based action to employee perform- quires the Secretary to develop a program of ‘‘2338. Reporting on foreign purchases.’’. ance appraisals; training—to be completed by a supervisor (B) ensured ongoing performance feedback every three years—on the actions, options, SA 1902. Ms. WARREN (for herself and dialogue among supervisors, managers, and strategies a supervisor may use in— and Mr. MERKLEY) submitted an and employees throughout the appraisal pe- (A) developing and discussing relevant amendment intended to be proposed to riod, with timetables for review; and goals and objectives with employees, com- amendment SA 1463 proposed by Mr. (C) developed performance assistance plans municating and discussing progress relative MCCAIN to the bill H.R. 1735, to author- to give employees formal training, on-the- to performance goals and objectives, and ize appropriations for fiscal year 2016 job training, counseling, mentoring, and conducting performance appraisals; (B) mentoring and motivating employees, for military activities of the Depart- other assistance. ment of Defense, for military construc- (2) The military components and Defense and improving employee performance and Agencies of the Department are currently re- productivity; tion, and for defense activities of the viewing the proposed ‘‘New Beginnings’’ per- (C) fostering a work environment charac- Department of Energy, to prescribe formance management and workforce incen- terized by fairness, respect, equal oppor- military personnel strengths for such tive system developed in response to section tunity, and attention to the quality of the fiscal year, and for other purposes; 1113 of the National Defense Authorization work of employees; which was ordered to lie on the table; Act for Fiscal Year 2010. (D) effectively managing employees with as follows: (3) The Department anticipates it will unacceptable performance; (E) addressing reports of a hostile work en- At the end of subtitle C of title VII, add begin implementation of the ‘‘New Begin- the following: nings’’ performance management and work- vironment, reprisal, or harassment of or by SEC. 738. COMPTROLLER GENERAL STUDY ON force incentive system in April 2016. another supervisor or employee; and (F) allowing experienced supervisors to GAMBLING AND PROBLEM GAM- (4) The authority in section 1113 of the Na- BLING BEHAVIOR AMONG MEMBERS tional Defense Authorization Act for Fiscal mentor new supervisors by sharing knowl- OF THE ARMED FORCES. Year 2010 provided the Secretary, in coordi- edge and advice in areas such as communica- (a) IN GENERAL.—The Comptroller General nation with the Director of the Office of Per- tion, critical thinking, responsibility, flexi- of the United States shall conduct a study on sonnel Management, flexibilities in promul- bility, motivating employees, teamwork, gaming facilities at military installations gating regulations to redesign the proce- leadership, and professional development, and problem gambling among members of dures which are applied by the Department and pointing out strengths and areas of de- the Armed Forces. in making appointments to positions within velopment. (b) MATTERS INCLUDED.—The study con- the competitive service in order to— (b) SENSE OF CONGRESS.—It is the sense of ducted under subsection (a) shall include the (A) better meet mission needs; Congress that the Secretary of Defense following: (B) respond to manager needs and the should proceed with the collaborative work (1) With respect to gaming facilities at needs of applicants; with employee representatives on the ‘‘New military installations, disaggregated by each (C) produce high-quality applicants; Beginnings’’ performance management and branch of the Armed Forces— (D) support timely decisions; workforce incentive system and begin imple- (A) the number, type, and location of such (E) uphold appointments based on merit mentation of the new system at the earliest gaming facilities; system principles; and possible date. (B) the total amount of cash flow through (F) promote competitive job offers. such gaming facilities; and (5) In implementing the ‘‘New Beginnings’’ SA 1901. Mr. MURPHY submitted an (C) the amount of revenue generated by performance management and workforce in- amendment intended to be proposed to such gaming facilities for morale, welfare, centive system, section 1113 of the National amendment SA 1463 proposed by Mr. and recreation programs of the Department Defense Authorization Act for Fiscal Year MCCAIN to the bill H.R. 1735, to author- of Defense. 2010 requires the Secretary to comply with ize appropriations for fiscal year 2016 (2) An assessment of the prevalence of and veterans’ preference requirements. for military activities of the Depart- particular risks for problem gambling among (6) Among the criteria for the ‘‘New Begin- ment of Defense, for military construc- members of the Armed Forces, including nings’’ performance management and work- such recommendations for policies and pro- force incentive system authorized by section tion, and for defense activities of the grams to be carried out by the Department 1113 of the National Defense Authorization Department of Energy, to prescribe to address problem gambling as the Sec- Act for Fiscal Year 2010, the Secretary is re- military personnel strengths for such retary considers appropriate. quired to— fiscal year, and for other purposes; (3) An assessment of the ability and capac- (A) adhere to merit principles; which was ordered to lie on the table; ity of military health care personnel to ade- (B) include a means for ensuring employee as follows: quately diagnose and provide dedicated involvement (for bargaining unit employees, treatment for problem gambling, including— At the end of subtitle E of title VIII, add through their exclusive representatives) in (A) a comparison of treatment programs of the following: the design and implementation of the per- the Department for alcohol abuse, illegal formance management and workforce incen- SEC. 884. ANNUAL REPORT ON FOREIGN PRO- substance abuse, and tobacco addiction with CUREMENTS. tive system; treatment programs of the Department for (a) IN GENERAL.—Chapter 137 of title 10, (C) provide for adequate training and re- problem gambling; and United States Code, is amended by adding at training for supervisors, managers, and em- (B) an assessment of whether additional the end the following new section: ployees in the implementation and operation training for military health care personnel of the performance management and work- ‘‘§ 2338. Reporting on foreign purchases on providing treatment for problem gam- force incentive system; ‘‘(a) IN GENERAL.—Not later than 60 days bling would be beneficial. (D) develop a comprehensive management after the end of fiscal year 2016, and each fis- (4) An assessment of the financial coun- succession program to provide training to cal year thereafter, the Secretary of Defense seling and related services that are available employees to develop managers for the De- shall submit to the appropriate congres- to members of the Armed Forces and their

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3943 dependents who are impacted by problem Navy to the Coast Guard to be maintained listed as missing in action, and to thank and gambling. and operated by the Coast Guard. honor the families of these veterans. (c) REPORT.— (2) To highlight the service of the Armed (1) IN GENERAL.—Not later than one year SA 1904. Mr. MCCAIN (for himself and Forces in times of war or armed conflict and after the date of the enactment of this Act, Mr. KAINE) submitted an amendment the contributions of Federal agencies and the Comptroller General shall submit to the intended to be proposed to amendment governmental and nongovernmental organi- appropriate committees of Congress a report SA 1463 proposed by Mr. MCCAIN to the zations that served with, or in support of, on the results of the study conducted under bill H.R. 1735, to authorize appropria- the Armed Forces. subsection (a). (3) To pay tribute to the contributions (2) APPROPRIATE COMMITTEES OF CONGRESS tions for fiscal year 2016 for military made on the home front by the people of the DEFINED.—In this section, the term ‘‘appro- activities of the Department of De- United States in times of war or armed con- priate committees of Congress’’ means— fense, for military construction, and flict. (A) the Committee on Armed Services and for defense activities of the Depart- (4) To educate the American public about the Committee on Appropriations of the Sen- ment of Energy, to prescribe military service and sacrifice on behalf of the United ate; and personnel strengths for such fiscal States and the principles that define and (B) the Committee on Armed Services and year, and for other purposes; which was unite the United States. (5) To recognize the contributions and sac- the Committee on Appropriations of the ordered to lie on the table; as follows: House of Representatives. rifices made by the allies of the United At the end of subtitle E of title X, add the States during times of war or armed conflict. SA 1903. Ms. CANTWELL (for herself, following: (6) To apply the advances in technology to Mr. SULLIVAN, and Ms. MURKOWSKI) SEC. 1049. PROGRAM TO COMMEMORATE THE communicate the activities at the Tomb of 100TH ANNIVERSARY OF THE TOMB the Unknowns to people across the United submitted an amendment intended to OF THE UNKNOWN SOLDIER. be proposed to amendment SA 1463 pro- States. (a) FINDINGS AND PURPOSE.— (7) To facilitate the participation of the posed by Mr. MCCAIN to the bill H.R. (1) FINDINGS.—Congress makes the fol- American people in the centennial com- 1735, to authorize appropriations for lowing findings: memoration of the Tomb of the Unknown fiscal year 2016 for military activities (A) At the end of World War I, Congress- Soldier. of the Department of Defense, for mili- man Hamilton Fish championed legislation (8) To educate the youth of America on the tary construction, and for defense ac- to create a national focus for Americans to importance of our citizens’ commitment of tivities of the Department of Energy, honor the memory of all people who served service and sacrifice to secure and to keep in the Armed Forces, but especially for those safe, now and in the future, and on America’s to prescribe military personnel who died unknown and lost to history. The strengths for such fiscal year, and for founding principles and promise of freedom legislation created the Tomb of the Un- for all who abide in the United States. other purposes; which was ordered to known Soldier. Since that time, the remains (e) NAMES AND SYMBOLS.—The Secretary lie on the table; as follows: of a single unknown member of the Armed shall have the sole and exclusive right to use At the end of subtitle C of title X, add the Forces from World War II and from the Ko- the name ‘‘The United States of America following: rean War have been entombed at the same Tomb of the Unknown Soldier Commemora- SEC. 1024. MULTIYEAR PROCUREMENT AUTHOR- memorial. (The remains of an unknown Viet- tion’’, and such seal, emblems, and badges ITY FOR POLAR ICEBREAKERS. nam War veteran were subsequently identi- incorporating such name as the Secretary (a) MULTIYEAR PROCUREMENT.—Subject to fied and removed from the Tomb). may lawfully adopt. Nothing in this section section 2306b of title 10, United States Code, (B) These additions transformed the Tomb may be construed to supersede rights that the Secretary of the Navy shall enter into of the Unknown Soldier into a transcendent are established or vested before the date of multiyear contracts for the procurement of place of honor and reflection. Now known as the enactment of this Act. three heavy polar icebreakers and any sys- the Tomb of the Unknowns, the Tomb rep- (f) COMMEMORATIVE FUND.— tems and equipment associated with those resents that one place where every American (1) ESTABLISHMENT AND ADMINISTRATION.— vessels. can go to honor every member of our coun- Upon the commencement of the commemo- (b) AUTHORITY FOR ADVANCE PROCURE- try who has ever worn the uniform of the Na- rative program, the Secretary of the Treas- MENT.—The Secretary may enter into one or tion. Today at the Tomb, American citizens ury shall establish on the books of the Treas- more contracts, beginning in fiscal year 2016, and citizens from other countries come daily ury an account to be known as the ‘‘Tomb of for advance procurement associated with the to remember and honor the ideals of sac- the Unknown Soldier Commemoration vessels, systems, and equipment for which rifice and service. Fund’’ (in this section referred to as the authorization to enter into a multiyear con- (C) The Tomb of the Unknown Soldier was ‘‘Fund’’). The Fund shall be administered by tract is provided under subsection (a). formally consecrated on November 11, 1921. the Secretary of Defense. (c) CONDITION FOR OUT-YEAR CONTRACT Now is the time to prepare for the 100th an- (2) DEPOSITS.—Subject to paragraph (3), PAYMENTS.—A contract entered into under niversary of the consecration of the Tomb. there shall be deposited into the Fund the subsection (a) shall provide that any obliga- (2) PURPOSE.—The purposes of this section following: tion of the United States to make a payment is to provide for the conduct of a formal pro- (A) Amounts appropriated to the Fund. under the contract for a fiscal year after fis- gram to commemorate the 100th anniversary (B) Proceeds derived from the use by the cal year 2016 is subject to the availability of of the consecration of the Tomb of the Un- Secretary of the exclusive rights described in appropriations or funds for that purpose for known Soldier, including authorizing private subsection (e). such later fiscal year. sector efforts to create nation-wide com- (C) Donations made in support of the com- (d) MEMORANDUM OF AGREEMENT.—Not memorations on the day of the Washington memorative program by private and cor- later than 180 days after the date of the en- National Commemoration of the Tomb. porate donors. actment of this Act, the Secretary of the (b) COMMEMORATIVE PROGRAM AUTHOR- (D) Any other amounts authorized to de- Navy and the Secretary of the Department IZED.—The Secretary of Defense may conduct posit into the Fund by law. in which the Coast Guard is operating shall a program to commemorate the 100th anni- (3) LIMITATION ON EXPENDITURES.—Total enter into a memorandum of agreement es- versary of the consecration of the Tomb of contributions from the Federal Government tablishing a process by which the Coast the Unknown Soldier. In conducting the to the Fund may not exceed $5,000,000. Guard, in concurrence with the Navy, shall— commemorative program, the Secretary (4) USE OF FUND.—Amounts in the Fund (1) identify the vessel specifications, capa- shall coordinate, support, and facilitate shall be available to the Secretary of De- bilities, systems, equipment, and other de- other programs and activities of the Federal fense only for the purpose of conducting the tails required for the design of heavy polar Government, State, and local governments, commemorative program. The Secretary icebreakers capable of fulfilling Navy and and other persons and organizations in com- shall prescribe such regulations regarding Coast Guard mission requirements, with the memoration of the Tomb. the use of the Fund as the Secretary con- Coast Guard, as the sole operator of United (c) SCHEDULE.—The Secretary of Defense siders appropriate. States Government polar icebreaking assets, shall determine the schedule of major events (5) AVAILABILITY.—Amounts in the Fund retaining final decision authority in the es- and priority of efforts for the commemora- shall remain available until expended. tablishment of vessel requirements; tive program in order to ensure achievement (6) TREATMENT OF UNOBLIGATED FUNDS.— (2) oversee the construction of heavy polar of the objectives specified in subsection (d). Any unobligated amounts in the Fund as of icebreakers authorized to be procured under (d) COMMEMORATIVE ACTIVITIES AND OBJEC- the end of the øcommemorative period speci- this section; and TIVES.—The commemorative program may fied in subsection (b) shall remain in the (3) to the extent not adequately addressed include activities and ceremonies to achieve Fund until transferred by law. in the 1965 Revised Memorandum of Agree- the following objectives: (7) BUDGET REQUEST.—The Secretary of De- ment between the Department of the Navy (1) To honor the commitment of the United fense may establish a separate budget line and the Department of the Treasury on the States to never forget or forsake the mem- for the commemorative program. In the Operation of Icebreakers, transfer heavy bers of the Armed Forces who served and budget justification materials submitted by polar icebreakers procured through con- sacrificed for our Country, including per- the Secretary in support of the budget of the tracts authorized under this section from the sonnel who were held as prisoners of war or President for any fiscal year for which the

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(A) identify and explain any amounts ex- military personnel strengths for such (a) IN GENERAL.—The small business offices pended for the commemorative program in in the Office of the Secretary of Defense and fiscal year, and for other purposes; the military departments shall serve as the fiscal year preceding the budget request; which was ordered to lie on the table; (B) identify and explain the amounts being intermediaries between small businesses and requested to support the commemorative as follows: contracting officials prior to the award of program for the fiscal year of the budget re- At the end of subtitle C of title II, add the contracts in cases where a small business quest; and following: prospective contractor notifies the small (C) present a current summary of the fiscal SEC. 236. ASSESSMENT OF EFFECT OF BETTER business office that it has reason to believe status of the Fund. BUYING POWER 3.0 INITIATIVE ON that the contracting process has been modi- INDEPENDENT RESEARCH AND DE- (g) ACCEPTANCE OF VOLUNTARY SERVICES.— fied to preclude a small business from bid- VELOPMENT. (1) AUTHORITY TO ACCEPT SERVICES.—Not- ding on the contract or would give another (a) ASSESSMENT ON CHANGES MADE TO BET- withstanding section 1342 of title 31, United contractor an unfair competitive advantage. TER.—Not later than 90 days after the date of States Code, the Secretary of Defense may (b) RULE OF CONSTRUCTION.—Nothing in the enactment of this Act, the Secretary of this section shall be construed to preclude a accept from any person voluntary services to Defense shall submit to the congressional de- be provided in furtherance of the commemo- contractor from exercising the right to ini- fense committees an assessment of the Bet- tiate a bid protest under a contract. rative program. The Secretary shall prohibit ter Buying Power 3.0 initiative and its man- the solicitation of any voluntary services if agement of independent research and devel- the nature or circumstances of such solicita- SA 1909. Mr. TOOMEY submitted an opment activities by contractors of the De- amendment intended to be proposed to tion would compromise the integrity or the partment of Defense. appearance of integrity of any program of (b) ELEMENTS.—The assessment required amendment SA 1463 proposed by Mr. the Department of Defense or of any indi- under subsection (a) shall include the fol- MCCAIN to the bill H.R. 1735, to author- vidual involved in the program. lowing: ize appropriations for fiscal year 2016 (2) REIMBURSEMENT OF INCIDENTAL EX- (1) An assessment of the implementation of for military activities of the Depart- PENSES.—The Secretary may provide for re- Better Buying Power 3.0 and how it balances ment of Defense, for military construc- imbursement of incidental expenses incurred the need for management of reimbursement tion, and for defense activities of the by a person providing voluntary services of Department contractor independent re- Department of Energy, to prescribe under this subsection. The Secretary shall search and development costs with the need determine which expenses are eligible for re- to preserve the independence of a contractor military personnel strengths for such imbursement under this paragraph. to choose which technologies to pursue in its fiscal year, and for other purposes; (h) FINAL REPORT.—Not later than 60 days independent research and development pro- which was ordered to lie on the table; after the end of the commemorative program. as follows: gram, the Secretary of Defense shall submit (2) An assessment of the costs, risks and At the end of subtitle F of title X, add the to Congress a report containing an account- benefits of proposed changes to the current following: ing of the following: guidelines of the Department for authorizing SEC. 1065. STUDY ON RADIATION EXPOSURE (1) All of the amounts deposited into and independent research and development by FROM ATOMIC TESTING CLEANUP expended from the Fund. contractors and reimbursing such contrac- ON THE ENEWETAK ATOLL. (2) Any other amounts expended pursuant tors for expenses relating to such inde- (a) STUDY REQUIRED.—The Secretary of De- to this section. pendent research and development. fense shall, in coordination with the Sec- (3) Any unobligated funds remaining in the (3) Recommendations for legislative or ad- retary of Veterans Affairs, the Secretary of Fund as of the date of the report. ministrative action to improve the ways in Energy, the Director of the National Cancer which the Department authorizes inde- Institute, and such others as the Secretary SA 1905. Mr. MCCAIN (for himself, pendent research and development by con- of Defense considers appropriate, conduct a Mr. REED, Mr. SULLIVAN, Mr. WICKER, tractors of the Department and reimburses study on radiation exposure from the atomic Mr. INHOFE, Mr. GRAHAM, Mrs. ERNST, such contractors for expenses relating to testing cleanup that occurred on the Mr. COTTON, and Ms. HIRONO) submitted such independent research and development. Enewetak Atoll during the period of years an amendment intended to be proposed beginning with 1977 and ending with 1980. SA 1907. Mr. CASSIDY submitted an (b) ELEMENTS.—The study conducted under to amendment SA 1463 proposed by Mr. amendment intended to be proposed to subsection (a) shall include the following: MCCAIN to the bill H.R. 1735, to author- amendment SA 1463 proposed by Mr. (1) A determination of the amount of radi- ize appropriations for fiscal year 2016 MCCAIN to the bill H.R. 1735, to author- ation that members of the Armed Forces and for military activities of the Depart- ize appropriations for fiscal year 2016 civilians were exposed to as a result of the ment of Defense, for military construc- for military activities of the Depart- atomic testing cleanup that described in subsection (a), especially with respect to those tion, and for defense activities of the ment of Defense, for military construc- Department of Energy, to prescribe who were located on Runit Island during tion, and for defense activities of the such cleanup. military personnel strengths for such Department of Energy, to prescribe fiscal year, and for other purposes; (2) Identification of the effects of the expo- military personnel strengths for such sure described in paragraph (1). which was ordered to lie on the table; fiscal year, and for other purposes; (3) An estimate of the number of surviving as follows: which was ordered to lie on the table; veterans and other civilians who were ex- At the end of part II of subtitle H of title as follows: posed as described in paragraph (1). V, add the following: On page 38, between lines 10 and 11, insert SEC. 593. SENSE OF CONGRESS ON THE CUMU- the following: SA 1910. Mr. TOOMEY (for himself LATIVE IMPACT OF EFFORTS TO (c) RE-ENGINING STUDY.—Notwithstanding and Mr. CORNYN) submitted an amend- SLOW THE GROWTH OF PERSONNEL any other provision of law, the Air Force ment intended to be proposed to COSTS ON JUNIOR ENLISTED PER- shall submit their B–52 re-engine analysis to amendment SA 1463 proposed by Mr. SONNEL OF THE ARMED FORCES the congressional defense committees not AND THEIR FAMILIES. MCCAIN to the bill H.R. 1735, to author- later than 90 days after the date of the enact- Congress— ize appropriations for fiscal year 2016 ment of this Act. (1) remains concerned about the cumu- for military activities of the Depart- lative impact of Department of Defense ef- SA 1908. Mr. ENZI submitted an ment of Defense, for military construc- forts to slow the growth of personnel costs amendment intended to be proposed to tion, and for defense activities of the on junior enlisted personnel of the Armed Department of Energy, to prescribe Forces and their families; and amendment SA 1463 proposed by Mr. (2) encourages the Department to specifi- MCCAIN to the bill H.R. 1735, to author- military personnel strengths for such cally consider these impacts when devel- ize appropriations for fiscal year 2016 fiscal year, and for other purposes; oping legislative proposals for consideration for military activities of the Depart- which was ordered to lie on the table; by Congress. ment of Defense, for military construc- as follows: tion, and for defense activities of the At the end of subtitle B of title IV, add the SA 1906. Mr. INHOFE submitted an Department of Energy, to prescribe following: amendment intended to be proposed to military personnel strengths for such SEC. 417. CHIEF OF THE NATIONAL GUARD BU- amendment SA 1463 proposed by Mr. fiscal year, and for other purposes; REAU AUTHORITY RELATING TO AL- MCCAIN to the bill H.R. 1735, to author- LOCATIONS TO STATES OF AUTHOR- which was ordered to lie on the table; IZED NUMBERS OF MEMBERS OF ize appropriations for fiscal year 2016 as follows: THE NATIONAL GUARD. for military activities of the Depart- At the end of subtitle E of title VIII, add (a) MANDATORY REVIEW AND AUTHORIZED ment of Defense, for military construc- the following: REDUCTION.—

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(1) IN GENERAL.—The Chief of the National (a), selected by the Secretary for purposes of (b) ELEMENTS.—The strategy required by Guard Bureau— the assessment. subsection (a) shall ensure that the United (A) shall review each fiscal year the num- (c) ELEMENTS.— States national security overhead satellite ber of members of the Army National Guard (1) IN GENERAL.—The assessment obtained architecture— of the United States and the Air National for purposes of subsection (a) shall address, (1) meets the needs of the United States in Guard of the United States serving in each with respect to software and weapon systems peace time and is resilient in war time; State; and of the Department of Defense (including (2) responsibly stewards the taxpayers’ dol- (B) if the Chief of the National Guard Bu- space systems), each of the following: lars; reau makes the determination described in (A) Fiscal ramifications of current pro- (3) accurately takes into account cost and paragraph (2) with respect to a State in a fis- grams with regard to the size, scope, and performance tradeoffs; cal year, may reduce the number of members cost of software to the program’s overall (4) meets realistic requirements; of the Army National Guard of the United budget, including embedded and support soft- (5) produces excellence, innovation, com- States or the Air National Guard of the ware, percentage of weapon systems’ petition, and a robust industrial base; United States, as applicable, to be allocated functionality controlled by software, and re- (6) aims to produce innovative satellite to serve in such State during the succeeding liance on proprietary data, processes, and systems in less than 5 years that are able to fiscal years. components. leverage common, standardized design ele- (2) DETERMINATION.—A determination de- (B) Legal status of the Department in re- ments and commercially available tech- scribed in this paragraph is a determination gards to adhering to section 2464(a)(1) of such nologies; with respect to a State that, during any title with respect to ensuring a ready and (7) takes advantage of rapid advances in three of the five fiscal years ending in the controlled source of maintenance and commercial technology, innovation, and fiscal year in which such determination is sustainment on software for its weapon sys- commercial-like acquisition practices; made, the number of members of the Army tems. (8) is open to innovative concepts such as National Guard of the United States or the (C) Operational risks and reduction to ma- distributed, disaggregated architectures that Air National Guard of the United States teriel readiness of current Department weap- could allow for better resiliency, reconstitu- serving in such State is or was fewer than on systems related to software costs, delays, tion, replenishment, and rapid technological the number authorized for the applicable fis- re-work, integration and functional testing, refresh; and cal year defects, and documentation errors. (9) emphasizes deterrence and recognizes (b) ADMINISTRATION OF REDUCTIONS.—In ad- (D) Other matters as identified by the Sec- the importance of offensive and defensive ministering reductions under subsection retary. space control capabilities. (a)(1)(B), the Chief of the National Guard Bu- (2) ADDITIONAL MATTERS.—For each of sub- (c) REPORT ON STRATEGY.—Not later than reau shall seek to ensure that— paragraphs (A) through (C) of paragraph (1), February 28, 2016, the Director of National (1) the number of members of the Army the assessment obtained for purposes of sub- Intelligence, the Secretary of Defense, and National Guard of the United States and the section (a) shall include review and analysis the Chairman of the Joint Chiefs of Staff Air National Guard of the United States regarding sole-source contracts, range of shall report to the congressional defense serving in each State each fiscal year is com- competition, rights in technical data, public committees, the Select Committee on Intel- mensurate with the National Guard force and private capabilities, integration lab ini- ligence of the Senate, and the Permanent Se- structure in such State during such fiscal tial costs and sustaining operations, and lect Committee on Intelligence of the House year; and total obligation authority costs of software, of Representatives on the strategy required (2) the number of members of the National disaggregated by armed service, for the De- by subsection (a). partment. Guard serving on full-time duty for the pur- Mrs. SHAHEEN submitted pose of organizing, administering, recruit- (d) DEPARTMENT OF DEFENSE SUPPORT.— SA 1913. ing, instructing, or training the National The Secretary of Defense shall provide the an amendment intended to be proposed Guard serving in each State during each fis- independent entity described in subsection to amendment SA 1463 proposed by Mr. cal year is commensurate with the National (b)with timely access to appropriate infor- MCCAIN to the bill H.R. 1735, to author- Guard force structure in such State during mation, data, resources, and analysis so that ize appropriations for fiscal year 2016 such fiscal year. the entity may conduct a thorough and inde- for military activities of the Depart- pendent assessment as required under such ment of Defense, for military construc- subsection. SA 1911. Mr. HATCH submitted an tion, and for defense activities of the amendment intended to be proposed to SA 1912. Mr. WARNER (for himself, Department of Energy, to prescribe amendment SA 1463 proposed by Mr. Ms. HIRONO, and Mr. KING) submitted military personnel strengths for such MCCAIN to the bill H.R. 1735, to author- an amendment intended to be proposed fiscal year, and for other purposes; ize appropriations for fiscal year 2016 to amendment SA 1463 proposed by Mr. which was ordered to lie on the table; for military activities of the Depart- MCCAIN to the bill H.R. 1735, to author- as follows: ment of Defense, for military construc- ize appropriations for fiscal year 2016 At the appropriate place, insert the fol- tion, and for defense activities of the for military activities of the Depart- lowing: Department of Energy, to prescribe ment of Defense, for military construc- SEC. lll. REPEAL OF DUPLICATIVE INSPEC- military personnel strengths for such tion, and for defense activities of the TION AND GRADING PROGRAM. fiscal year, and for other purposes; (a) FOOD, CONSERVATION, AND ENERGY ACT Department of Energy, to prescribe OF 2008.—Effective June 18, 2008, section 11016 which was ordered to lie on the table; military personnel strengths for such of the Food, Conservation, and Energy Act of as follows: fiscal year, and for other purposes; 2008 (Public Law 110–246; 122 Stat. 2130) is re- At the appropriate place, insert the fol- which was ordered to lie on the table; pealed. lowing: as follows: (b) AGRICULTURAL ACT OF 2014.—Effective SEC. lll. REPORT ON DEPARTMENT OF DE- At the end of subtitle A of title XVI, add February 7, 2014, section 12106 of the Agricul- tural Act of 2014 (Public Law 113–79; 128 Stat. FENSE DEFINITION OF AND POLICY the following: REGARDING SOFTWARE 981) is repealed. SEC. 1614. STRATEGY FOR COMPREHENSIVE SUSTAINMENT. (c) APPLICATION.—The Federal Meat In- INTERAGENCY REVIEW OF THE (a) REPORT ON ASSESSMENT OF DEFINITION spection Act (21 U.S.C. 601 et seq.) and the UNITED STATES NATIONAL SECU- AND POLICY.—Not later than March 15, 2016, RITY OVERHEAD SATELLITE ARCHI- Agricultural Marketing Act of 1946 (7 U.S.C. the Secretary of Defense shall submit to the TECTURE. 1621 et seq.) shall be applied and adminis- congressional defense committees and the (a) REQUIREMENT FOR STRATEGY.—The Di- tered as if the provisions of law struck by President pro tempore of the Senate a report rector of National Intelligence, the Sec- this section had not been enacted. setting forth an assessment, obtained by the retary of Defense, and the Chairman of the Secretary for purposes of the report, on the Joint Chiefs of Staff shall develop a strategy, SA 1914. Mr. SANDERS submitted an definition used by the Department of Defense with milestones and benchmarks, to ensure amendment intended to be proposed to for and the policy of the Department regard- that there is a comprehensive interagency amendment SA 1463 proposed by Mr. ing software maintenance, particularly with review of policies and practices for planning MCCAIN to the bill H.R. 1735, to author- respect to the totality of the term ‘‘software and acquiring national security satellite sys- ize appropriations for fiscal year 2016 sustainment’’ in the definition of ‘‘depot- tems and architectures, including capabili- for military activities of the Depart- level maintenance and repair’’ under section ties of commercial systems and partner ment of Defense, for military construc- 2460 of title 10, United States Code. countries, consistent with the National tion, and for defense activities of the (b) INDEPENDENT ASSESSMENT.—The assess- Space Policy issued on June 28, 2010, and sec- ment obtained for purposes of subsection (a) tion 1601 of this Act. Such strategy shall, Department of Energy, to prescribe shall be conducted by a federally funded re- where applicable, account for the unique military personnel strengths for such search and development center (FFRDC), or missions and authorities vested in the De- fiscal year, and for other purposes; another appropriate independent entity with partment of Defense and the intelligence which was ordered to lie on the table; expertise in matters described in subsection community. as follows:

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3946 CONGRESSIONAL RECORD — SENATE June 9, 2015 After section 1002, insert the following: (3) Any other amounts authorized for SEC. 1085. SENSE OF SENATE ON THE IMPOR- SEC. 1002A. AUDIT READINESS OF THE FINAN- transfer or deposit into the Fund by law. TANCE OF INTERAGENCY COOPERA- CIAL STATEMENTS OF THE DEPART- TION FOR THE UNITED STATES (d) AVAILABILITY.— MENT OF DEFENSE. NORTHERN COMMAND. (1) IN GENERAL.—Amounts in the Fund (a) FINDINGS.—Congress makes the fol- (a) FINDINGS.—The Senate makes the fol- shall be available for initiatives, programs, lowing findings: lowing findings: (1) Article 1, Section 9 of the Constitution and activities described in subsection (b) (1) The Commander of United States of the United States requires of the agencies that are approved by the Secretary to sup- Northern Command (USNORTHCOM) testi- of the Federal Government, including the port and maintain the audit readiness of the fied before the Committee on Armed Serv- Department of Defense, that ‘‘a regular financial statement of the organizations, ices of the Senate that since September 11, Statement and Account of the Receipts and components, and elements of the Depart- 2001, ‘‘resurgent state actors have invested in Expenditures of all public Money shall be ment of Defense. new capabilities that make North America published from time to time’’. (2) TRANSFER.—Amounts in the Fund may vulnerable in ways not seen in a generation’’ (2) Congress passed a series of laws in the be transferred to any other account of the and particularly that the ‘‘unpredictable cas- 1990s, beginning with the Chief Financial Of- Department in order to fund initiatives, pro- cading impacts of a cyberspace attack have ficers Act of 1990, to require that all Govern- grams, and activities described in paragraph the potential to easily outpace those of a ment agencies and departments obtain opin- (1). Any amounts transferred from the Fund natural disaster’’. ions on their financial statements. to an account shall be merged with amounts (2) The Joint Cyber Center was established (3) On September 10, 2001, former Secretary in the account to which transferred and shall in the United States Northern Command to of Defense Donald Rumsfeld, stated that be available subject to the same terms and integrate cybersecurity efforts into head- ‘‘[a]ccording to some estimates, we cannot conditions as amounts in such account, ex- quarters missions by improving situational track $2,300,000,000 in transactions. We can- cept that amounts so transferred shall re- awareness in the cyber domain, improving not share information from floor to floor in main available until expended. The author- the defense of the networks of the Command, this building because it’s stored on dozens of ity to transfer amounts under this paragraph and providing cyber consequence response technological systems that are inaccessible is in addition to any other authority of the and recovery support to civil authorities. or incompatible’’. Secretary to transfer amounts by law. (3) The responsibilities of United States (4) The National Defense Authorization (3) PRIORITY.—In approving initiatives, Northern Command for homeland defense Act for Fiscal Year 2010 codified a statutory programs, and activities to be funded with (including countering illegal drugs and com- requirement that the Department of Defense amounts in the Fund, the Secretary shall ac- bating transnational organized crime) and financial statements be validated as ready cord a priority to initiatives, programs, and defense support of civil authorities (includ- for audit not later than September 30, 2017. activities that are designed to maintain un- ing domestic disaster relief operations dur- (5) On April 21, 2015, the Deputy Chief Man- modified audit opinions of financial state- ing wildfires, hurricanes, earthquakes, and agement Officer of the Department of De- ment of organizations, components, and ele- floods) depend on interagency partnerships fense testified before the Committee on ments of the Department that have pre- and cooperation. Armed Services of the Senate that ‘‘I have viously obtained unmodified audit opinions (4) During the past fire season, Air Force long been skeptical of the ability of the De- of their financial statements. Reserve and Air National Guard C–130 air- partment to achieve the statutory timeline (e) FAILURE TO ACHIEVE AUDIT READI- craft equipped with the United States Forest for producing auditable financial state- NESS.— Service Modular Airborne Fire Fighting Sys- ments’’. (1) REDUCTION IN AMOUNT AVAILABLE.—Sub- tem made 132 airdrops, releasing nearly (6) In September 2010, the Government Ac- ject to paragraph (2), if during any fiscal 250,000 gallons of fire retardant to combat countability Office stated that past expendi- year after fiscal year 2017 the Secretary de- wildfires. tures by the Department of Defense of termines that an organization, component, (5) The regional partnership of United $5,800,000,000 to improve financial informa- or element of the Department has not States Northern Command with Mexico and tion, and billions of dollars more of antici- achieved audit readiness of its financial the Bahamas in combating the trafficking of pated expenditures on new information tech- statements for the calender year ending dur- illegal drugs and persons and in training law nology systems for that purpose, may not ing such fiscal year— enforcement and disaster relief personnel de- suffice to achieve full audit readiness of the (A) the amount available to such organiza- pends on cooperation with other agencies of financial statement of the Department. tion, component, or element for the fiscal the United States Government such as the (7) During his confirmation hearing in 2015, year in which such determination is made Department of State, Department of Home- Secretary of Defense Ashton Carter sub- shall be equal to— land Security, and the Federal Bureau of In- mitted testimony stating that ‘‘[i]t is time (i) the amount otherwise authorized to be vestigation. that DoD finally lives up to its moral and appropriated for such organization, compo- (6) The Commander of United States legal obligation to be accountable to those nent, or element for the fiscal year, minus Northern Command is also the Commander who pay its bills. I intend to do everything (ii) an amount equal to 0.5 percent of the of the North American Aerospace Defense we can—including holding people to ac- amount described in clause (i); and Command (NORAD), the bi-national com- count—to get this done’’. (B) the Secretary shall deposit in the Fund mand with Canada. For more than 57 years, (8) The financial management practices of pursuant to subsection (b)(2) all amounts un- the United States has partnered with our the Department of Defense have been on the available to organizations, components, and vital ally to the north to provide aerospace ‘‘High Risk’’ list of the Government Ac- elements of the Department in the fiscal warning, aerospace defense, and maritime countability Office since 1995. As a result of year pursuant to determinations made under warning in defense of North America. Since poor financial management, the Department subparagraph (A). September 11, 2001, North American Aero- is unable to ‘‘control costs; ensure basic ac- (2) INAPPLICABILITY TO AMOUNTS FOR MILI- space Defense Command fighters have re- countability; anticipate future costs and TARY PERSONNEL.—Any reduction applicable sponded to more than 5,000 possible air claims on the budget; measure performance; to an organization, component, or element of threats in the United States and flown more maintain funds control; and prevent and de- the Department under paragraph (1) for a fis- than 62,500 sorties in defense of our home- tect fraud, waste, and abuse’’. cal year shall not apply to amounts, if any, land. Successful execution on the North (b) FINANCIAL AUDIT FUND.—The Secretary available to such organization, component, American Aerospace Defense Command mis- of Defense shall establish a fund to be known or element for the fiscal year for military sion relies heavily on timely communication as the ‘‘Financial Audit Fund’’ (in this sec- personnel. and seamless integration with numerous tion referred to as the ‘‘Fund’’) for the pur- agencies of the United States Government pose of supporting initiatives, programs, and such as the Federal Aviation Administra- activities that will assist the organizations, SA 1915. Mr. BENNET submitted an tion, the Department of Homeland Security, components, and elements of the Depart- amendment intended to be proposed to and Federal law enforcement agencies. ment of Defense in— amendment SA 1463 proposed by Mr. (b) SENSE OF SENATE.—It is the sense of the (1) improving the audit readiness of the fi- MCCAIN to the bill H.R. 1735, to author- Senate that— nancial statements of such organizations, ize appropriations for fiscal year 2016 (1) continued interagency cooperation is vital to the successful discharge of the mis- components, and elements; for military activities of the Depart- (2) obtaining unmodified audit opinions of sions of the United States Northern Com- the financial statements of such organiza- ment of Defense, for military construc- mand, including homeland defense, cyberse- tions, components, and elements; and tion, and for defense activities of the curity, counterterrorism, counterdrug ef- (3) maintaining unmodified audit opinions Department of Energy, to prescribe forts, and defense support of civil authori- of the financial statements of such organiza- military personnel strengths for such ties; and tions, components, and elements. fiscal year, and for other purposes; (2) the United States Northern Command (c) ELEMENTS.—Amounts in the Fund shall which was ordered to lie on the table; should continue its efforts to integrate include the following: as follows: cyberspace operations into its contingency (1) Amounts appropriated to the Fund. plans and training exercises to understand (2) Amounts transferred to the Fund under At the end of subtitle G of title X, add the better how cyber-attacks could be mitigated subsection (e). following: or prevented and how other Federal and

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3947 State government partners can effectively system operators, and third party (2) in subsection (a)— respond should such attacks occur. aggregators for participation in demand re- (A) in the matter preceding paragraph (1), sponse programs and utilizing these pay- by inserting ‘‘the Secretary of Homeland Se- SA 1916. Mr. BENNET submitted an ments for energy-related purposes at the par- curity or’’ before ‘‘the Attorney General—’’; amendment intended to be proposed to ticipating installations. and amendment SA 1463 proposed by Mr. (c) FORM.—The report required under sub- (B) in paragraph (2)(B), by striking ‘‘condi- MCCAIN to the bill H.R. 1735, to author- section (a) shall be submitted in unclassified tional parole’’ and inserting ‘‘recognizance’’; ize appropriations for fiscal year 2016 form, but may contain a classified annex as (3) in subsection (b)— necessary. (A) in the subsection heading, by striking for military activities of the Depart- ‘‘PAROLE’’ and inserting ‘‘RECOGNIZANCE’’; ment of Defense, for military construc- SA 1918. Mr. GRASSLEY submitted and tion, and for defense activities of the an amendment intended to be proposed (B) by striking ‘‘parole’’ and inserting ‘‘re- Department of Energy, to prescribe to amendment SA 1463 proposed by Mr. cognizance’’; military personnel strengths for such MCCAIN to the bill H.R. 1735, to author- (4) in subsection (c)(1), by striking the un- fiscal year, and for other purposes; ize appropriations for fiscal year 2016 designated matter following subparagraph (D) and inserting the following: which was ordered to lie on the table; for military activities of the Depart- as follows: ‘‘any time after the alien is released, with- ment of Defense, for military construc- out regard to whether an alien is released re- At the end of subtitle G of title X, add the tion, and for defense activities of the lated to any activity, offense, or conviction following: Department of Energy, to prescribe described in this paragraph; to whether the SEC. 1085. DESIGNATION OF CONSTRUCTION military personnel strengths for such alien is released on parole, supervised re- AGENT FOR CERTAIN CONSTRUC- fiscal year, and for other purposes; lease, or probation; or to whether the alien TION PROJECTS BY DEPARTMENT may be arrested or imprisoned again for the OF VETERANS AFFAIRS. which was ordered to lie on the table; same offense. If the activity described in this (a) IN GENERAL.—The Secretary of Vet- as follows: paragraph does not result in the alien being erans Affairs shall seek to enter into an At the appropriate place, insert the fol- taken into custody by any person other than agreement subject to subsections (b), (c), and lowing: the Secretary, then when the alien is (e) of section 1535 of title 31, United States SEC. lll. JUDICIAL REVIEW OF VISA REVOCA- brought to the attention of the Secretary or Code, with the Army Corps of Engineers or TION. when the Secretary determines it is prac- another entity of the Federal Government to (a) IN GENERAL.—Section 221(i) of the Im- tical to take such alien into custody, the serve, on a reimbursable basis, as the con- migration and Nationality Act (8 U.S.C. Secretary shall take such alien into cus- struction agent on all construction projects 1201(i)) is amended by striking ‘‘There shall tody.’’; of the Department of Veterans Affairs spe- be no means of judicial review’’ and all that (5) in subsection (e), by striking ‘‘Attorney cifically authorized by Congress after the follows and inserting the following: ‘‘Not- General’s’’ and inserting ‘‘Secretary of date of the enactment of this Act that in- withstanding any other provision of law, in- Homeland Security’s’’; and volve a total expenditure of more than cluding section 2241 of title 28, United States (6) by adding at the end the following: $100,000,000, excluding any acquisition by ex- Code, any other habeas corpus provision, and ‘‘(f) LENGTH OF DETENTION.—(1) Notwith- change. sections 1361 and 1651 of such title, no court standing any other provision of this section, (b) AGREEMENT.—Under the agreement en- has jurisdiction to review a revocation under an alien may be detained under this section tered into under subsection (a), the construc- this subsection or to hear any claim arising for any period, without limitation, except as tion agent shall provide design, procure- from such a revocation.’’. provided in subsection (h), until the alien is ment, and construction management serv- (b) EFFECTIVE DATE.—The amendment subject to a final order of removal. ices for the construction, alteration, and ac- made by subsection (a) shall— ‘‘(2) The length of detention under this sec- quisition of facilities of the Department. (1) take effect on the date of the enactment tion shall not affect a detention under sec- of this Act; tion 241. SA 1917. Mr. REED (for himself and (2) apply to all visas issued before, on, or ‘‘(g) ADMINISTRATIVE REVIEW.—(1) The At- Ms. HIRONO) submitted an amendment after such date; and torney General’s review of the Secretary’s intended to be proposed to amendment (3) apply to any claim pending on, or filed custody determinations under subsection (a) SA 1463 proposed by Mr. MCCAIN to the after, the date of the enactment of this Act. shall be limited to whether the alien may be bill H.R. 1735, to authorize appropria- detained, released on bond (of at least $1,500 tions for fiscal year 2016 for military SA 1919. Mr. SESSIONS submitted an with security approved by the Secretary), or released with no bond. Any review involving activities of the Department of De- amendment intended to be proposed to amendment SA 1463 proposed by Mr. an alien described in paragraph (2)(D) shall fense, for military construction, and be limited to a determination of whether the MCCAIN to the bill H.R. 1735, to author- for defense activities of the Depart- alien is properly included in such category. ment of Energy, to prescribe military ize appropriations for fiscal year 2016 ‘‘(2) The Attorney General shall review the personnel strengths for such fiscal for military activities of the Depart- Secretary’s custody determinations for the year, and for other purposes; which was ment of Defense, for military construc- following classes of aliens: ordered to lie on the table; as follows: tion, and for defense activities of the ‘‘(A) Aliens in exclusion proceedings. Department of Energy, to prescribe ‘‘(B) Aliens described in section 212(a)(3) or At the end of subtitle B of title III, add the 237(a)(4). following: military personnel strengths for such fiscal year, and for other purposes; ‘‘(C) Aliens described in subsection (c). SEC. 314. REPORT ON USE OF DEMAND RE- ‘‘(D) Aliens in deportation proceedings sub- SPONSE PROGRAMS. which was ordered to lie on the table; ject to section 242(a)(2) (as in effect between (a) REPORT.—Not later than September 30, as follows: April 24, 1996 and April 1, 1997). 2016, the Secretary of Defense shall submit At the appropriate place, insert the fol- ‘‘(h) RELEASE ON BOND.—(1) Subject to to the congressional defense committees a lowing: paragraphs (2) and (3), an alien detained report on the use of demand response pro- Subtitle ll—Safe Communities under subsection (a) may seek release on grams at military installations. bond. ll (b) ELEMENTS.—The report required under SEC. 1. SHORT TITLE. ‘‘(2) No bond may be granted under this subsection (a) shall include the following ele- This subtitle may be cited as the ‘‘Keep subsection except to an alien who estab- ments: Our Communities Safe Act of 2015’’. lishes, by clear and convincing evidence, (1) A description of the progress made in SEC. ll2. SENSE OF CONGRESS. that the alien is not a flight risk or a risk to identifying installations where the use of de- It is the sense of Congress that— another person or the community. mand response can be economically bene- (1) Constitutional rights should be upheld ‘‘(3) No alien detained under subsection (c) ficial to the Department of Defense. and protected; may seek release on bond.’’. (2) A description of challenges to participa- (2) Congress intends to uphold the Con- SEC. ll4. ALIENS ORDERED REMOVED. tion in demand response programs. stitutional principle of due process; and Section 241(a) of the Immigration and Na- (3) A description of effective incentives for (3) due process of the law is a right af- tionality Act (8 U.S.C. 1231(a)) is amended— the participation of installations in these forded to everyone in the United States. (1) by striking ‘‘Attorney General’’ each programs, including options for installations SEC. ll3. DETENTION OF DANGEROUS ALIENS place it appears, except for the first place it to gain access to the funds they earn for DURING REMOVAL PROCEEDINGS. appears in paragraph (4)(B)(i), and inserting their participation. Section 236 of the Immigration and Nation- ‘‘Secretary of Homeland Security’’; (4) An assessment of possibilities for future ality Act (8 U.S.C. 1226) is amended— (2) in paragraph (1)— expansion of demand response participation (1) by striking ‘‘Attorney General’’ each (A) by striking subparagraphs (B) and (C) by the Department. place such term appears (except in the sec- and inserting the following: (5) An assessment of methods for receiving ond place it appears in subsection (a)) and in- ‘‘(B) BEGINNING OF PERIOD.—The removal direct payments from utilities, independent serting ‘‘Secretary of Homeland Security’’; period begins on the latest of—

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3948 CONGRESSIONAL RECORD — SENATE June 9, 2015 ‘‘(i) the date on which the order of removal (4) in paragraph (4)(A), by striking ‘‘para- moved), that there is reason to believe that becomes administratively final; graph (2)’’ and inserting ‘‘subparagraph (B)’’; the release of the alien would threaten the ‘‘(ii) the date on which the alien is taken and national security of the United States; or into such custody if the alien is not in the (5) by amending paragraph (6) to read as ‘‘(dd) that the release of the alien will custody of the Secretary on the date on follows: threaten the safety of the community or any which the order of removal becomes adminis- ‘‘(6) ADDITIONAL RULES FOR DETENTION OR person, conditions of release cannot reason- tratively final; and RELEASE OF CERTAIN ALIENS.— ably be expected to ensure the safety of the ‘‘(iii) the date on which the alien is taken ‘‘(A) DETENTION REVIEW PROCESS FOR COOP- community or of any person; and into the custody of the Secretary after the ERATIVE ALIENS ESTABLISHED.— ‘‘(AA) the alien has been convicted of 1 or alien is released from detention or confine- ‘‘(i) IN GENERAL.—The Secretary of Home- more aggravated felonies (as defined in sec- ment if the alien is detained or confined (ex- land Security shall establish an administration 101(a)(43)(A)) or of 1 or more crimes cept for an immigration process) on the date tive review process to determine whether an identified by the Secretary of Homeland Se- on which the order of removal becomes ad- alien who is not otherwise subject to manda- curity by regulation, or of 1 or more at- ministratively final. tory detention, who has made all reasonable tempts or conspiracies to commit any such ‘‘(C) SUSPENSION OF PERIOD.— efforts to comply with a removal order and aggravated felonies or such identified ‘‘(i) EXTENSION.—The removal period shall to cooperate fully with the Secretary’s ef- crimes, if the aggregate term of imprison- be extended beyond a period of 90 days and forts to establish the alien’s identity and ment for such attempts or conspiracies is at the Secretary may, in the Secretary’s sole carry out the removal order, including mak- least 5 years; or discretion, keep the alien in detention during timely application in good faith for trav- ‘‘(BB) the alien has committed 1 or more ing such extended period, if— el or other documents necessary to the crimes of violence (as defined in section 16 of ‘‘(I) the alien fails or refuses to make all alien’s departure, and who has not conspired title 18, United States Code, but not includ- reasonable efforts to comply with the re- or acted to prevent removal should be de- ing a purely political offense) and, because of moval order, or to fully cooperate with the tained or released on conditions. a mental condition or personality disorder Secretary’s efforts to establish the alien’s ‘‘(ii) DETERMINATION.—The Secretary shall and behavior associated with that condition identity and carry out the removal order, in- make a determination whether to release an or disorder, the alien is likely to engage in cluding making timely application in good alien after the removal period in accordance acts of violence in the future; or faith for travel or other documents nec- with subparagraph (B), which— ‘‘(III) pending a certification under sub- essary to the alien’s departure or conspires ‘‘(I) shall include consideration of any evi- clause (II), if the Secretary of Homeland Se- or acts to prevent the alien’s removal that is dence submitted by the alien; and curity has initiated the administrative re- subject to an order of removal; ‘‘(II) may include consideration of any view process not later than 30 days after the ‘‘(II) a court, the Board of Immigration Ap- other evidence, including— expiration of the removal period (including peals, or an immigration judge orders a stay ‘‘(aa) any information or assistance pro- any extension of the removal period under of removal of an alien who is subject to an vided by the Secretary of State or other Fed- paragraph (1)(C)). administratively final order of removal; eral official; and ‘‘(iii) NO RIGHT TO BOND HEARING.—An alien ‘‘(III) the Secretary transfers custody of ‘‘(bb) any other information available to whose detention is extended under this sub- the alien pursuant to law to another Federal the Secretary of Homeland Security per- paragraph shall not have a right to seek re- agency or a State or local government agen- taining to the ability to remove the alien. lease on bond, including by reason of a cer- cy in connection with the official duties of ‘‘(B) AUTHORITY TO DETAIN BEYOND RE- tification under clause (ii)(II). such agency; or MOVAL PERIOD.— ‘‘(C) RENEWAL AND DELEGATION OF CERTIFI- ‘‘(IV) a court or the Board of Immigration ‘‘(i) IN GENERAL.—The Secretary of Home- CATION.— Appeals orders a remand to an immigration land Security may continue to detain an ‘‘(i) RENEWAL.—The Secretary of Homeland judge or the Board of Immigration Appeals, alien for 90 days beyond the removal period Security may renew a certification under during the time period when the case is (including any extension of the removal pe- subparagraph (B)(ii)(II) every 6 months after pending a decision on remand (with the re- riod under paragraph (1)(C)). An alien whose providing an opportunity for the alien to removal period beginning anew on the date detention is extended under this subpara- quest reconsideration of the certification that the alien is ordered removed on re- graph shall not have the right to seek re- and to submit documents or other evidence mand). lease on bond. in support of that request. If the Secretary ‘‘(ii) RENEWAL.—If the removal period has ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The Sec- does not renew a certification, the Secretary been extended under clause (i), a new re- retary may continue to detain an alien be- may not continue to detain the alien under moval period shall be deemed to have begun yond the 90 days authorized under clause subparagraph (B)(ii)(II). on the date on which— (i)— ‘‘(ii) DELEGATION.—Notwithstanding sec- ‘‘(I) the alien makes all reasonable efforts ‘‘(I) until the alien is removed, if the Sec- tion 103, the Secretary may not delegate the to comply with the removal order, or to fully retary determines that there is a significant authority to make or renew a certification cooperate with the Secretary’s efforts to es- likelihood that the alien— described in item (bb), (cc), or (dd) of sub- tablish the alien’s identity and carry out the ‘‘(aa) will be removed in the reasonably paragraph (B)(ii)(II) below the level of the removal order; foreseeable future; Assistant Secretary for Immigration and ‘‘(II) the stay of removal is no longer in ef- ‘‘(bb) would be removed in the reasonably Customs Enforcement. fect; or foreseeable future; or ‘‘(iii) HEARING.—The Secretary may re- ‘‘(III) the alien is returned to the custody ‘‘(cc) would have been removed if the alien quest that the Attorney General or the At- of the Secretary. had not— torney General’s designee provide for a hear- ‘‘(iii) MANDATORY DETENTION FOR CERTAIN ‘‘(AA) failed or refused to make all reason- ing to make the determination described in ALIENS.—The Secretary shall keep an alien able efforts to comply with the removal subparagraph (B)(ii)(II)(dd)(BB). described in subparagraphs (A) through (D) order; ‘‘(D) RELEASE ON CONDITIONS.—If it is deter- of section 236(c)(1) in detention during the ‘‘(BB) failed or refused to cooperate fully mined that an alien should be released from extended period described in clause (i). with the Secretary’s efforts to establish the detention by a Federal court, the Board of ‘‘(iv) SOLE FORM OF RELIEF.—An alien may alien’s identity and carry out the removal Immigration Appeals, or if an immigration only seek relief from detention under this order, including making timely application judge orders a stay of removal, the Secretary subparagraph by filing an application for a in good faith for travel or other documents of Homeland Security may impose condi- writ of habeas corpus in accordance with necessary to the alien’s departure; or tions on release in accordance with para- chapter 153 of title 28, United States Code. ‘‘(CC) conspired or acted to prevent re- graph (3). No alien whose period of detention is ex- moval; ‘‘(E) REDETENTION.— tended under this subparagraph shall have ‘‘(II) until the alien is removed, if the Sec- ‘‘(i) IN GENERAL.—The Secretary of Home- the right to seek release on bond.’’; retary of Homeland Security certifies in land Security, without any limitations other (3) in paragraph (3)— writing— than those specified in this section, may de- (A) in the matter preceding subparagraph ‘‘(aa) in consultation with the Secretary of tain any alien subject to a final removal (A), by inserting ‘‘or is not detained pursu- Health and Human Services, that the alien order who is released from custody if— ant to paragraph (6)’’ after ‘‘the removal pe- has a highly contagious disease that poses a ‘‘(I) removal becomes likely in the reason- riod’’; and threat to public safety; ably foreseeable future; (B) by amending subparagraph (D) to read ‘‘(bb) after receipt of a written rec- ‘‘(II) the alien fails to comply with the con- as follows: ommendation from the Secretary of State, ditions of release or to continue to satisfy ‘‘(D) to obey reasonable restrictions on the that release of the alien is likely to have se- the conditions described in subparagraph (A); alien’s conduct or activities that the Sec- rious adverse foreign policy consequences for or retary prescribes for the alien— the United States; ‘‘(III) upon reconsideration, the Secretary ‘‘(i) to prevent the alien from absconding; ‘‘(cc) based on information available to the determines that the alien can be detained ‘‘(ii) for the protection of the community; Secretary of Homeland Security (including under subparagraph (B). or classified, sensitive, or national security in- ‘‘(ii) APPLICABILITY.—This section shall ‘‘(iii) for other purposes related to the en- formation, and without regard to the apply to any alien returned to custody pur- forcement of immigration laws.’’; grounds upon which the alien was ordered re- suant to this subparagraph as if the removal

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3949 period terminated on the day of the redeten- gration Reform and Immigrant Responsi- comply with the requirements under this tion. bility Act of 1996, as amended by subsection title with respect to an individual— ‘‘(F) REVIEW OF DETERMINATIONS BY SEC- (a), is further amended— ‘‘(A) such failure shall be treated as a vio- RETARY.—A determination by the Secretary (1) by redesignating paragraphs (2) and (3) lation of section 274A(a)(1)(B) with respect to under this paragraph shall not be subject to as paragraphs (4) and (5), respectively; and such individual; and review by any other agency.’’. (2) by inserting after paragraph (1) the fol- ‘‘(B) a rebuttable presumption is created SEC. ll5. SEVERABILITY. lowing: that the person or entity has violated sec- If any of the provisions of this subtitle, ‘‘(2) UNITED STATES CONTRACTORS.—Any tion 274A(a)(1)(A).’’. any amendment made by this subtitle, or the person, employer, or other entity that enters (b) PENALTIES.—Section 274A of the Immi- application of any such provision to any per- into a contract with the Federal Government gration and Nationality Act (8 U.S.C. 1324a) son or circumstance, is held to be invalid for shall participate in E-Verify by complying is amended— any reason, the remainder of this subtitle, with the terms and conditions set forth in (1) in subsection (e)— the amendments made by this subtitle, and this section. (A) in paragraph (4)— the application of the provisions and amend- ‘‘(3) DESIGNATION OF CRITICAL EMPLOYERS.— (i) in subparagraph (A), in the matter pre- ments made by this subtitle to any other Not later than 7 days after the date of the ceding clause (i), by inserting ‘‘, subject to person or circumstance shall not be affected enactment of this paragraph, the Secretary paragraph (10),’’ after ‘‘in an amount’’; by such holding. of Homeland Security shall— (ii) in subparagraph (A)(i), by striking ‘‘not less than $250 and not more than $2,000’’ and ll ‘‘(A) conduct an assessment of employers SEC. 6. EFFECTIVE DATES. inserting ‘‘not less than $2,500 and not more (a) APPREHENSION AND DETENTION OF that are critical to the homeland security or than $5,000’’; ALIENS.—The amendments made by section national security needs of the United States; (iii) in subparagraph (A)(ii), by striking l3 shall take effect on the date of the enact- ‘‘(B) designate and publish a list of employers and classes of employers that are deemed ‘‘not less than $2,000 and not more than ment of this Act. Section 236 of the Immigra- $5,000’’ and inserting ‘‘not less than $5,000 tion and Nationality Act, as amended by sec- to be critical pursuant to the assessment conducted under subparagraph (A); and and not more than $10,000’’; tion l3, shall apply to any alien in detention (iv) in subparagraph (A)(iii), by striking under the provisions of such section on or ‘‘(C) require that critical employers designated pursuant to subparagraph (B) par- ‘‘not less than $3,000 and not more than after such date of enactment. $10,000’’ and inserting ‘‘not less than $10,000 ticipate in E-Verify by complying with the (b) ALIENS ORDERED REMOVED.—The and not more than $25,000’’; and terms and conditions set forth in this section amendments made by section l4 shall take (v) by amending subparagraph (B) to read not later than 30 days after the Secretary effect on the date of the enactment of this as follows: makes such designation.’’. Act and shall apply to— ‘‘(B) may require the person or entity to (c) ALL EMPLOYERS.—Section 402 of the Il- (1) all aliens subject to a final administra- take such other remedial action as is appro- legal Immigration Reform and Immigrant tive removal, deportation, or exclusion order priate.’’; Responsibility Act of 1996, as amended by that was issued before, on, or after the date (B) in paragraph (5)— of the enactment of this Act; and this section, is further amended— (i) by inserting ‘‘, subject to paragraphs (2) acts and conditions occurring or exist- (1) by redesignating subsection (f) as sub- (10) through (12),’’ after ‘‘in an amount’’; ing before, on, or after such date of enact- section (g); and (ii) by striking ‘‘$100’’ and inserting ment. (2) by inserting after subsection (e) the fol- ‘‘$1,000’’; lowing: (iii) by striking ‘‘$1,000’’ and inserting SA 1920. Mr. SESSIONS submitted an ‘‘(f) MANDATORY PARTICIPATION IN E- ‘‘$25,000’’; amendment intended to be proposed to VERIFY.— (iv) by striking ‘‘the size of the business of amendment SA 1463 proposed by Mr. ‘‘(1) IN GENERAL.—Subject to paragraphs (2) the employer being charged, the good faith MCCAIN to the bill H.R. 1735, to author- and (3), all employers in the United States of the employer’’ and inserting ‘‘the good ize appropriations for fiscal year 2016 shall participate in E-Verify, with respect to faith of the employer being charged’’; and all employees recruited, referred, or hired by (v) by adding at the end the following: for military activities of the Depart- such employer on or after the date that is 1 ment of Defense, for military construc- ‘‘Failure by a person or entity to utilize the year after the date of the enactment of this employment eligibility verification system tion, and for defense activities of the subsection. as required by law, or providing information Department of Energy, to prescribe ‘‘(2) USE OF CONTRACT LABOR.—Any em- to the system that the person or entity military personnel strengths for such ployer who uses a contract, subcontract, or knows or reasonably believes to be false, fiscal year, and for other purposes; exchange to obtain the labor of an individual shall be treated as a violation of subsection which was ordered to lie on the table; in the United States shall certify in such (a)(1)(A).’’; and as follows: contract, subcontract, or exchange that the (C) by adding at the end the following: employer uses E-Verify. If such certification ‘‘(10) EXEMPTION FROM PENALTY.—In the At the appropriate place, insert the fol- is not included in a contract, subcontract, or case of imposition of a civil penalty under lowing: exchange, the employer shall be deemed to paragraph (4)(A) with respect to a violation Subtitle llE-Verify have violated paragraph (1). of paragraph (1)(A) or (2) of subsection (a) for SEC. ll1. SHORT TITLE. ‘‘(3) INTERIM MANDATORY PARTICIPATION.— hiring or continuation of employment or re- This subtitle may be cited as the ‘‘Ac- ‘‘(A) IN GENERAL.—Before the date set forth cruitment or referral by person or entity and countability Through Electronic in paragraph (1), the Secretary of Homeland in the case of imposition of a civil penalty Verification Act’’. Security shall require any employer or class under paragraph (5) for a violation of sub- SEC. ll2. PERMANENT REAUTHORIZATION. of employers to participate in E-Verify, with section (a)(1)(B) for hiring or recruitment or Section 401(b) of the Illegal Immigration respect to all employees recruited, referred, referral by a person or entity, the penalty Reform and Immigrant Responsibility Act of or hired by such employer if the Secretary otherwise imposed may be waived or reduced 1996 (division C of Public Law 104–208; 8 has reasonable cause to believe that the em- if the violator establishes that the violator U.S.C. 1324a note) is amended by striking ployer is or has been engaged in a material acted in good faith. ‘‘Unless the Congress otherwise provides, the violation of section 274A of the Immigration ‘‘(11) AUTHORITY TO DEBAR EMPLOYERS FOR Secretary of Homeland Security shall termi- and Nationality Act (8 U.S.C. 1324a). CERTAIN VIOLATIONS.— nate a pilot program on September 30, 2015.’’. ‘‘(B) NOTIFICATION.—Not later than 14 days ‘‘(A) IN GENERAL.—If a person or entity is SEC. ll3. MANDATORY USE OF E-VERIFY. before an employer or class of employers is determined by the Secretary of Homeland (a) FEDERAL GOVERNMENT.—Section required to begin participating in E-Verify Security to be a repeat violator of paragraph 402(e)(1) of the Illegal Immigration Reform pursuant to subparagraph (A), the Secretary (1)(A) or (2) of subsection (a), or is convicted and Immigrant Responsibility Act of 1996 (8 shall provide such employer or class of em- of a crime under this section, such person or U.S.C. 1324a note) is amended— ployers with— entity may be considered for debarment from (1) by amending subparagraph (A) to read ‘‘(i) written notification of such require- the receipt of Federal contracts, grants, or as follows: ment; and cooperative agreements in accordance with ‘‘(A) EXECUTIVE DEPARTMENTS AND AGEN- ‘‘(ii) appropriate training materials to fa- the debarment standards and pursuant to the CIES.—Each department and agency of the cilitate compliance with such requirement.’’. debarment procedures set forth in the Fed- Federal Government shall participate in E- SEC. ll4. CONSEQUENCES OF FAILURE TO PAR- eral Acquisition Regulation. Verify by complying with the terms and con- TICIPATE. ‘‘(B) DOES NOT HAVE CONTRACT, GRANT, ditions set forth in this section.’’; and (a) IN GENERAL.—Section 402(e)(5) of the Il- AGREEMENT.—If the Secretary of Homeland (2) in subparagraph (B), by striking ‘‘, that legal Immigration Reform and Immigrant Security or the Attorney General wishes to conducts hiring in a State’’ and all that fol- Responsibility Act of 1996 (8 U.S.C. 1324a have a person or entity considered for debar- lows and inserting ‘‘shall participate in E- note), as redesignated by section l3(b)(1), is ment in accordance with this paragraph, and Verify by complying with the terms and con- amended to read as follows: such an person or entity does not hold a Fed- ditions set forth in this section.’’. ‘‘(5) CONSEQUENCES OF FAILURE TO PARTICI- eral contract, grant or cooperative agree- (b) FEDERAL CONTRACTORS; CRITICAL EM- PATE.—If a person or other entity that is re- ment, the Secretary or Attorney General PLOYERS.—Section 402(e) of the Illegal Immi- quired to participate in E-Verify fails to shall refer the matter to the Administrator

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3950 CONGRESSIONAL RECORD — SENATE June 9, 2015 of General Services to determine whether to ‘‘(III) not taking adverse action against SEC. ll9. INFORMATION SHARING. list the person or entity on the List of Par- the individual if the individual chooses to The Commissioner of Social Security, the ties Excluded from Federal Procurement, contest the finding. Secretary of Homeland Security, and the and if so, for what duration and under what ‘‘(ii) AFTER EMPLOYMENT OFFER.—The per- Secretary of the Treasury shall jointly es- scope. son or other entity shall verify the employ- tablish a program to share information ‘‘(C) HAS CONTRACT, GRANT, AGREEMENT.—If ment eligibility of an individual through E- among such agencies that may or could lead the Secretary of Homeland Security or the Verify not later than 3 days after the date of to the identification of unauthorized aliens Attorney General wishes to have a person or the hiring, recruitment, or referral, as the (as defined in section 274A(h)(3) of the Immi- entity considered for debarment in accord- case may be. gration and Nationality Act), including any ance with this paragraph, and such person or ‘‘(iii) EXISTING EMPLOYEES.—Not later than no-match letter and any information in the entity holds a Federal contract, grant or co- 3 years after the date of the enactment of earnings suspense file. operative agreement, the Secretary or Attor- the Accountability Through Electronic SEC. ll10. FORM I–9 PROCESS. ney General shall advise all agencies or de- Verification Act, the Secretary shall require Not later than 9 months after the date of partments holding a contract, grant, or co- all employers to use E-Verify to verify the the enactment of this Act, the Secretary of operative agreement with the person or enti- identity and employment eligibility of any Homeland Security shall submit a report to ty of the Government’s interest in having individual who has not been previously Congress that contains recommendations the person or entity considered for debar- verified by the employer through E-Verify.’’. for— (1) modifying and simplifying the process ment, and after soliciting and considering SEC. ll7. REVERIFICATION. by which employers are required to complete the views of all such agencies and depart- Section 403(a) of the Illegal Immigration and retain a Form I–9 for each employee pur- ments, the Secretary or Attorney General Reform and Immigrant Responsibility Act of may waive the operation of this paragraph or suant to section 274A of the Immigration and 1996 (8 U.S.C. 1324a note) is amended by add- Nationality Act (8 U.S.C. 1324a); and refer the matter to any appropriate lead ing at the end the following: (2) eliminating the process described in agency to determine whether to list the per- ‘‘(5) REVERIFICATION.—Each person or other paragraph (1). son or entity on the List of Parties Excluded entity participating in E-Verify shall use the SEC. ll11. ALGORITHM. from Federal Procurement, and if so, for E-Verify confirmation system to reverify the what duration and under what scope. Section 404(d) of the Illegal Immigration work authorization of any individual not Reform and Immigrant Responsibility Act of ‘‘(D) REVIEW.—Any decision to debar a per- later than 3 days after the date on which 1996 (8 U.S.C. 1324a note) is amended to read son or entity under in accordance with this such individual’s employment authorization as follows: paragraph shall be reviewable pursuant to is scheduled to expire (as indicated by the ‘‘(d) DESIGN AND OPERATION OF SYSTEM.—E- part 9.4 of the Federal Acquisition Regula- Secretary or the documents provided to the Verify shall be designed and operated— tion.’’; and employer pursuant to section 274A(b) of the ‘‘(1) to maximize its reliability and ease of (2) in subsection (f)— Immigration and Nationality Act (8 U.S.C. use by employers; (A) by amending paragraph (1) to read as 1324a(b))), in accordance with the procedures ‘‘(2) to insulate and protect the privacy follows: set forth in this subsection and section 402.’’. and security of the underlying information; ‘‘(1) CRIMINAL PENALTY.—Any person or en- SEC. ll8. HOLDING EMPLOYERS ACCOUNTABLE. ‘‘(3) to maintain appropriate administra- tity which engages in a pattern or practice (a) CONSEQUENCES OF NONCONFIRMATION.— tive, technical, and physical safeguards to of violations of subsection (a)(1) or (2) shall Section 403(a)(4)(C) of the Illegal Immigra- prevent unauthorized disclosure of personal be fined not more than $15,000 for each unau- tion Reform and Immigrant Responsibility information; thorized alien with respect to which such a Act of 1996 (8 U.S.C. 1324a note) is amended ‘‘(4) to respond accurately to all inquiries violation occurs, imprisoned for not less to read as follows: made by employers on whether individuals than 1 year and not more than 10 years, or ‘‘(C) CONSEQUENCES OF NONCONFIRMATION.— are authorized to be employed; both, notwithstanding the provisions of any ‘‘(i) TERMINATION AND NOTIFICATION.—If the ‘‘(5) to register any times when E-Verify is other Federal law relating to fine levels.’’; person or other entity receives a final non- unable to receive inquiries; and confirmation regarding an individual, the ‘‘(6) to allow for auditing use of the system (B) in paragraph (2), by striking ‘‘Attorney employer shall immediately— to detect fraud and identify theft; General’’ each place it appears and inserting ‘‘(I) terminate the employment, recruit- ‘‘(7) to preserve the security of the infor- ‘‘Secretary of Homeland Security’’. ment, or referral of the individual; and mation in all of the system by— SEC. ll5. PREEMPTION; LIABILITY. ‘‘(II) submit to the Secretary any informa- ‘‘(A) developing and using algorithms to Section 402 of the Illegal Immigration Re- tion relating to the individual that the Sec- detect potential identity theft, such as mul- form and Immigrant Responsibility Act of retary determines would assist the Secretary tiple uses of the same identifying informa- 1996 (8 U.S.C. 1324a note), as amended by this in enforcing or administering United States tion or documents; subtitle, is further amended by adding at the immigration laws. ‘‘(B) developing and using algorithms to end the following: ‘‘(ii) CONSEQUENCE OF CONTINUED EMPLOY- detect misuse of the system by employers MENT.—If the person or other entity con- and employees; ‘‘(h) LIMITATION ON STATE AUTHORITY.— tinues to employ, recruit, or refer the indi- ‘‘(C) developing capabilities to detect ‘‘(1) PREEMPTION.—A State or local govern- anomalies in the use of the system that may ment may not prohibit a person or other en- vidual after receiving final nonconfirmation, indicate potential fraud or misuse of the sys- tity from verifying the employment author- a rebuttable presumption is created that the tem; and ization of new hires or current employees employer has violated section 274A of the ‘‘(D) auditing documents and information through E-Verify. Immigration and Nationality Act (8 U.S.C. 1324a).’’. submitted by potential employees to em- ‘‘(2) LIABILITY.—A person or other entity ployers, including authority to conduct that participates in E-Verify may not be (b) INTERAGENCY NONCONFIRMATION RE- interviews with employers and employees; held liable under any Federal, State, or local PORT.—Section 405 of the Illegal Immigration ‘‘(8) to confirm identity and work author- law for any employment-related action Reform and Immigrant Responsibility Act of ization through verification of records main- taken with respect to the wrongful termi- 1996 (8 U.S.C. 1324a note) is amended by add- tained by the Secretary, other Federal de- nation of an individual in good faith reliance ing at the end the following: ‘‘(c) INTERAGENCY NONCONFIRMATION RE- partments, States, the Commonwealth of the on information provided through E-Verify.’’. PORT.— Northern Mariana Islands, or an outlying SEC. ll6. EXPANDED USE OF E-VERIFY. ‘‘(1) IN GENERAL.—The Director of U.S. possession of the United States, as deter- Section 403(a)(3)(A) of the Illegal Immigra- Citizenship and Immigration Services shall mined necessary by the Secretary, includ- tion Reform and Immigrant Responsibility submit a weekly report to the Assistant Sec- ing— Act of 1996 (8 U.S.C. 1324a note) is amended retary of Immigration and Customs Enforce- ‘‘(A) records maintained by the Social Se- to read as follows: ment that includes, for each individual who curity Administration; ‘‘(A) IN GENERAL.— receives final nonconfirmation through E- ‘‘(B) birth and death records maintained by ‘‘(i) BEFORE HIRING.—The person or other Verify— vital statistics agencies of any State or entity may verify the employment eligi- ‘‘(A) the name of such individual; other jurisdiction in the United States; bility of an individual through E-Verify be- ‘‘(B) his or her Social Security number or ‘‘(C) passport and visa records (including fore the individual is hired, recruited, or re- alien file number; photographs) maintained by the Department ferred if the individual consents to such ‘‘(C) the name and contact information for of State; and verification. If an employer receives a ten- his or her current employer; and ‘‘(D) State driver’s license or identity card tative nonconfirmation for an individual, the ‘‘(D) any other critical information that information (including photographs) main- employer shall comply with procedures pre- the Assistant Secretary determines to be ap- tained by State department of motor vehi- scribed by the Secretary, including— propriate. cles; ‘‘(I) providing the individual employees ‘‘(2) USE OF WEEKLY REPORT.—The Sec- ‘‘(9) to electronically confirm the issuance with private, written notification of the find- retary of Homeland Security shall use infor- of the employment authorization or identity ing and written referral instructions; mation provided under paragraph (1) to en- document; and ‘‘(II) allowing the individual to contest the force compliance of the United States immi- ‘‘(10) to display the digital photograph that finding; and gration laws.’’. the issuer placed on the document so that

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the employer can compare the photograph (3) APPROPRIATE FEDERAL ENTITIES.—The means any private entity, non-Federal gov- displayed to the photograph on the docu- term ‘‘appropriate Federal entities’’ means ernment agency or department, or State, ment presented by the employee or, in excep- the following: tribal, or local government (including a po- tional cases, if a photograph is not available (A) The Department of Commerce. litical subdivision, department, or compo- from the issuer, to provide for a temporary (B) The Department of Defense. nent thereof). alternative procedure, specified by the Sec- (C) The Department of Energy. (B) INCLUSIONS.—The term ‘‘entity’’ in- retary, for confirming the authenticity of (D) The Department of Homeland Security. cludes a government agency or department the document.’’. (E) The Department of Justice. of the District of Columbia, the Common- SEC. ll12. IDENTITY THEFT. (F) The Department of the Treasury. wealth of Puerto Rico, the Virgin Islands, Section 1028 of title 18, United States Code, (G) The Office of the Director of National Guam, American Samoa, the Northern Mar- is amended— Intelligence. iana Islands, and any other territory or pos- (1) in subsection (a)(7), by striking ‘‘of an- (4) CYBERSECURITY PURPOSE.—The term session of the United States. other person’’ and inserting ‘‘that is not his ‘‘cybersecurity purpose’’ means the purpose (C) EXCLUSION.—The term ‘‘entity’’ does of protecting an information system or infor- not include a foreign power as defined in sec- or her own’’; and mation that is stored on, processed by, or tion 101 of the Foreign Intelligence Surveil- (2) in subsection (b)(3)— transiting an information system from a cy- lance Act of 1978 (50 U.S.C. 1801). (A) in subparagraph (B), by striking ‘‘or’’ bersecurity threat or security vulnerability. (9) FEDERAL ENTITY.—The term ‘‘Federal at the end; (5) CYBERSECURITY THREAT.— entity’’ means a department or agency of the (B) in subparagraph (C), by adding ‘‘or’’ at (A) IN GENERAL.—Except as provided in United States or any component of such de- the end; and subparagraph (B), the term ‘‘cybersecurity partment or agency. (C) by adding at the end the following: threat’’ means an action, not protected by (10) INFORMATION SYSTEM.—The term ‘‘in- ‘‘(D) to facilitate or assist in harboring or the First Amendment to the Constitution of formation system’’— hiring unauthorized workers in violation of the United States, on or through an informa- (A) has the meaning given the term in sec- section 274, 274A, or 274C of the Immigration tion system that may result in an unauthor- tion 3502 of title 44, United States Code; and and Nationality Act (8 U.S.C. 1324, 1324a, and ized effort to adversely impact the security, (B) includes industrial control systems, 1324c).’’. availability, confidentiality, or integrity of such as supervisory control and data acquisi- SEC. ll13. SMALL BUSINESS DEMONSTRATION an information system or information that tion systems, distributed control systems, PROGRAM. is stored on, processed by, or transiting an and programmable logic controllers. Section 403 of the Illegal Immigration Re- information system. (11) LOCAL GOVERNMENT.—The term ‘‘local form and Immigrant Responsibility Act of (B) EXCLUSION.—The term ‘‘cybersecurity government’’ means any borough, city, coun- 1996 (8 U.S.C. 1324a note) is amended— threat’’ does not include any action that ty, parish, town, township, village, or other (1) by redesignating subsection (d) as sub- solely involves a violation of a consumer political subdivision of a State. section (e); and term of service or a consumer licensing (12) MALICIOUS CYBER COMMAND AND CON- (2) by inserting after subsection (c) the fol- agreement. TROL.—The term ‘‘malicious cyber command lowing: (6) CYBER THREAT INDICATOR.—The term and control’’ means a method for unauthor- ‘‘(d) SMALL BUSINESS DEMONSTRATION PRO- ‘‘cyber threat indicator’’ means information ized remote identification of, access to, or GRAM.—Not later than 9 months after the that is necessary to describe or identify— use of, an information system or information date of the enactment of the Accountability (A) malicious reconnaissance, including that is stored on, processed by, or transiting Through Electronic Verification Act, the Di- anomalous patterns of communications that an information system. rector of U.S. Citizenship and Immigration appear to be transmitted for the purpose of (13) MALICIOUS RECONNAISSANCE.—The term Services shall establish a demonstration pro- gathering technical information related to a ‘‘malicious reconnaissance’’ means a method gram that assists small businesses in rural cybersecurity threat or security vulner- for actively probing or passively monitoring areas or areas without internet capabilities ability; an information system for the purpose of dis- to verify the employment eligibility of (B) a method of defeating a security concerning security vulnerabilities of the infor- newly hired employees solely through the trol or exploitation of a security vulner- mation system, if such method is associated use of publicly accessible internet termi- ability; with a known or suspected cybersecurity nals.’’. (C) a security vulnerability, including threat. anomalous activity that appears to indicate (14) MONITOR.—The term ‘‘monitor’’ means SA 1921. Mr. BURR (for himself and the existence of a security vulnerability; to acquire, identify, or scan, or to possess, Mr. MCCAIN) proposed an amendment (D) a method of causing a user with legiti- information that is stored on, processed by, to amendment SA 1569 proposed by Mr. mate access to an information system or in- or transiting an information system. formation that is stored on, processed by, or (15) PRIVATE ENTITY.— BURR (for himself and Mrs. BOXER) to transiting an information system to unwit- (A) IN GENERAL.—Except as otherwise pro- the amendment SA 1463 proposed by tingly enable the defeat of a security control vided in this paragraph, the term ‘‘private Mr. MCCAIN to the bill H.R. 1735, to au- or exploitation of a security vulnerability; entity’’ means any person or private group, thorize appropriations for fiscal year (E) malicious cyber command and control; organization, proprietorship, partnership, 2016 for military activities of the De- (F) the actual or potential harm caused by trust, cooperative, corporation, or other partment of Defense, for military con- an incident, including a description of the in- commercial or nonprofit entity, including an struction, and for defense activities of formation exfiltrated as a result of a par- officer, employee, or agent thereof. the Department of Energy, to prescribe ticular cybersecurity threat; (B) INCLUSION.—The term ‘‘private entity’’ (G) any other attribute of a cybersecurity military personnel strengths for such includes a State, tribal, or local government threat, if disclosure of such attribute is not performing electric utility services. fiscal year, and for other purposes; as otherwise prohibited by law; or (C) EXCLUSION.—The term ‘‘private entity’’ follows: (H) any combination thereof. does not include a foreign power as defined Strike line 2 and all that follows and insert (7) DEFENSIVE MEASURE.— in section 101 of the Foreign Intelligence the following: (A) IN GENERAL.—Except as provided in Surveillance Act of 1978 (50 U.S.C. 1801). TITLE XVII—CYBERSECURITY subparagraph (B), the term ‘‘defensive meas- (16) SECURITY CONTROL.—The term ‘‘secu- INFORMATION SHARING ure’’ means an action, device, procedure, sig- rity control’’ means the management, oper- nature, technique, or other measure applied ational, and technical controls used to pro- SECTION 1701. SHORT TITLE. to an information system or information tect against an unauthorized effort to ad- This title may be cited as the ‘‘Cybersecu- that is stored on, processed by, or transiting versely affect the confidentiality, integrity, rity Information Sharing Act of 2015’’. an information system that detects, pre- and availability of an information system or SEC. 1702. DEFINITIONS. vents, or mitigates a known or suspected cy- its information. In this title: bersecurity threat or security vulnerability. (17) SECURITY VULNERABILITY.—The term (1) AGENCY.—The term ‘‘agency’’ has the (B) EXCLUSION.—The term ‘‘defensive meas- ‘‘security vulnerability’’ means any at- meaning given the term in section 3502 of ure’’ does not include a measure that de- tribute of hardware, software, process, or title 44, United States Code. stroys, renders unusable, or substantially procedure that could enable or facilitate the (2) ANTITRUST LAWS.—The term ‘‘antitrust harms an information system or data on an defeat of a security control. laws’’— information system not belonging to— (18) TRIBAL.—The term ‘‘tribal’’ has the (A) has the meaning given the term in sec- (i) the private entity operating the meas- meaning given the term ‘‘Indian tribe’’ in tion 1 of the Clayton Act (15 U.S.C. 12); ure; or section 4 of the Indian Self-Determination (B) includes section 5 of the Federal Trade (ii) another entity or Federal entity that is and Education Assistance Act (25 U.S.C. Commission Act (15 U.S.C. 45) to the extent authorized to provide consent and has pro- 450b). that section 5 of that Act applies to unfair vided consent to that private entity for oper- SEC. 1703. SHARING OF INFORMATION BY THE methods of competition; and ation of such measure. FEDERAL GOVERNMENT. (C) includes any State law that has the (8) ENTITY.— (a) IN GENERAL.—Consistent with the pro- same intent and effect as the laws under sub- (A) IN GENERAL.—Except as otherwise protection of classified information, intel- paragraphs (A) and (B). vided in this paragraph, the term ‘‘entity’’ ligence sources and methods, and privacy

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3952 CONGRESSIONAL RECORD — SENATE June 9, 2015 and civil liberties, the Director of National appropriate Federal entities, shall submit to ment and utilize a security control to pro- Intelligence, the Secretary of Homeland Se- Congress the procedures required by sub- tect against unauthorized access to or acqui- curity, the Secretary of Defense, and the At- section (a). sition of such cyber threat indicator or de- torney General, in consultation with the SEC. 1704. AUTHORIZATIONS FOR PREVENTING, fensive measure. heads of the appropriate Federal entities, DETECTING, ANALYZING, AND MITI- (2) REMOVAL OF CERTAIN PERSONAL INFOR- shall develop and promulgate procedures to GATING CYBERSECURITY THREATS. MATION.—An entity sharing a cyber threat facilitate and promote— (a) AUTHORIZATION FOR MONITORING.— indicator pursuant to this title shall, prior (1) the timely sharing of classified cyber (1) IN GENERAL.—Notwithstanding any to such sharing— threat indicators in the possession of the other provision of law, a private entity may, (A) review such cyber threat indicator to Federal Government with cleared represent- for cybersecurity purposes, monitor— assess whether such cyber threat indicator atives of relevant entities; (A) an information system of such private contains any information that the entity (2) the timely sharing with relevant enti- entity; knows at the time of sharing to be personal ties of cyber threat indicators or informa- (B) an information system of another enti- information of or identifying a specific per- tion in the possession of the Federal Govern- ty, upon the authorization and written con- son not directly related to a cybersecurity ment that may be declassified and shared at sent of such other entity; threat and remove such information; or an unclassified level; (C) an information system of a Federal en- (B) implement and utilize a technical capa- (3) the sharing with relevant entities, or tity, upon the authorization and written con- bility configured to remove any information the public if appropriate, of unclassified, in- sent of an authorized representative of the contained within such indicator that the en- cluding controlled unclassified, cyber threat Federal entity; and tity knows at the time of sharing to be per- indicators in the possession of the Federal (D) information that is stored on, proc- sonal information of or identifying a specific Government; and essed by, or transiting an information sys- person not directly related to a cybersecu- (4) the sharing with entities, if appro- tem monitored by the private entity under rity threat. priate, of information in the possession of this paragraph. (3) USE OF CYBER THREAT INDICATORS AND the Federal Government about cybersecurity (2) CONSTRUCTION.—Nothing in this sub- DEFENSIVE MEASURES BY ENTITIES.— threats to such entities to prevent or miti- section shall be construed— (A) IN GENERAL.—Consistent with this gate adverse effects from such cybersecurity (A) to authorize the monitoring of an in- title, a cyber threat indicator or defensive threats. formation system, or the use of any informa- measure shared or received under this sec- (b) DEVELOPMENT OF PROCEDURES.— tion obtained through such monitoring, tion may, for cybersecurity purposes— (1) IN GENERAL.—The procedures developed other than as provided in this title; or (i) be used by an entity to monitor or oper- and promulgated under subsection (a) shall— (B) to limit otherwise lawful activity. ate a defensive measure on— (A) ensure the Federal Government has (b) AUTHORIZATION FOR OPERATION OF DE- (I) an information system of the entity; or and maintains the capability to share cyber FENSIVE MEASURES.— (II) an information system of another enti- threat indicators in real time consistent (1) IN GENERAL.—Notwithstanding any ty or a Federal entity upon the written con- with the protection of classified information; other provision of law, a private entity may, sent of that other entity or that Federal en- (B) incorporate, to the greatest extent for cybersecurity purposes, operate a defen- tity; and practicable, existing processes and existing sive measure that is applied to— (ii) be otherwise used, retained, and further roles and responsibilities of Federal and non- (A) an information system of such private shared by an entity subject to— Federal entities for information sharing by entity in order to protect the rights or prop- (I) an otherwise lawful restriction placed the Federal Government, including sector erty of the private entity; by the sharing entity or Federal entity on specific information sharing and analysis (B) an information system of another enti- such cyber threat indicator or defensive centers; ty upon written consent of such entity for measure; or (C) include procedures for notifying enti- operation of such defensive measure to pro- (II) an otherwise applicable provision of ties that have received a cyber threat indi- tect the rights or property of such entity; law. cator from a Federal entity under this title and (B) CONSTRUCTION.—Nothing in this para- that is known or determined to be in error or (C) an information system of a Federal en- graph shall be construed to authorize the use in contravention of the requirements of this tity upon written consent of an authorized of a cyber threat indicator or defensive title or another provision of Federal law or representative of such Federal entity for op- measure other than as provided in this sec- policy of such error or contravention; eration of such defensive measure to protect tion. (D) include requirements for Federal enti- the rights or property of the Federal Govern- (4) USE OF CYBER THREAT INDICATORS BY ties receiving cyber threat indicators or de- ment. STATE, TRIBAL, OR LOCAL GOVERNMENT.— fensive measures to implement and utilize (2) CONSTRUCTION.—Nothing in this sub- (A) LAW ENFORCEMENT USE.— security controls to protect against unau- section shall be construed— (i) PRIOR WRITTEN CONSENT.—Except as pro- thorized access to or acquisition of such (A) to authorize the use of a defensive vided in clause (ii), a cyber threat indicator cyber threat indicators or defensive meas- measure other than as provided in this sub- shared with a State, tribal, or local govern- ures; and section; or ment under this section may, with the prior (E) include procedures that require a Fed- (B) to limit otherwise lawful activity. written consent of the entity sharing such eral entity, prior to the sharing of a cyber (c) AUTHORIZATION FOR SHARING OR RECEIV- indicator, be used by a State, tribal, or local threat indicator— ING CYBER THREAT INDICATORS OR DEFENSIVE government for the purpose of preventing, (i) to review such cyber threat indicator to MEASURES.— investigating, or prosecuting any of the of- assess whether such cyber threat indicator (1) IN GENERAL.—Except as provided in fenses described in section 1705(d)(5)(A)(vi). contains any information that such Federal paragraph (2) and notwithstanding any other (ii) ORAL CONSENT.—If exigent cir- entity knows at the time of sharing to be provision of law, an entity may, for the pur- cumstances prevent obtaining written con- personal information of or identifying a spe- poses permitted under this title and consent under clause (i), such consent may be cific person not directly related to a cyberse- sistent with the protection of classified in- provided orally with subsequent documenta- curity threat and remove such information; formation, share with, or receive from, any tion of the consent. or other entity or the Federal Government a (B) EXEMPTION FROM DISCLOSURE.—A cyber (ii) to implement and utilize a technical cyber threat indicator or defensive measure. threat indicator shared with a State, tribal, capability configured to remove any per- (2) LAWFUL RESTRICTION.—An entity receiv- or local government under this section shall sonal information of or identifying a specific ing a cyber threat indicator or defensive be— person not directly related to a cybersecu- measure from another entity or Federal enti- (i) deemed voluntarily shared information; rity threat. ty shall comply with otherwise lawful re- and (2) COORDINATION.—In developing the proce- strictions placed on the sharing or use of (ii) exempt from disclosure under any dures required under this section, the Direc- such cyber threat indicator or defensive State, tribal, or local law requiring disclo- tor of National Intelligence, the Secretary of measure by the sharing entity or Federal ensure of information or records. Homeland Security, the Secretary of De- tity. (C) STATE, TRIBAL, AND LOCAL REGULATORY fense, and the Attorney General shall coordi- (3) CONSTRUCTION.—Nothing in this sub- AUTHORITY.— nate with appropriate Federal entities, in- section shall be construed— (i) IN GENERAL.—Except as provided in cluding the National Laboratories (as de- (A) to authorize the sharing or receiving of clause (ii), a cyber threat indicator or defen- fined in section 1702 of the Energy Policy Act a cyber threat indicator or defensive meas- sive measure shared with a State, tribal, or of 2005 (42 U.S.C. 15801)), to ensure that effec- ure other than as provided in this sub- local government under this title shall not tive protocols are implemented that will fa- section; or be directly used by any State, tribal, or local cilitate and promote the sharing of cyber (B) to limit otherwise lawful activity. government to regulate, including an en- threat indicators by the Federal Government (d) PROTECTION AND USE OF INFORMATION.— forcement action, the lawful activity of any in a timely manner. (1) SECURITY OF INFORMATION.—An entity entity, including an activity relating to (c) SUBMITTAL TO CONGRESS.—Not later monitoring an information system, oper- monitoring, operating a defensive measure, than 60 days after the date of the enactment ating a defensive measure, or providing or or sharing of a cyber threat indicator. of this title, the Director of National Intel- receiving a cyber threat indicator or defen- (ii) REGULATORY AUTHORITY SPECIFICALLY ligence, in consultation with the heads of the sive measure under this section shall imple- RELATING TO PREVENTION OR MITIGATION OF

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CYBERSECURITY THREATS.—A cyber threat in- could impede receipt by all of the appro- tion with officers and private entities de- dicator or defensive measures shared as de- priate Federal entities; and scribed in subparagraph (A), periodically re- scribed in clause (i) may, consistent with a (iii) may be provided to other Federal enti- view the guidelines promulgated under sub- State, tribal, or local government regulatory ties; paragraph (A). authority specifically relating to the preven- (C) consistent with this title, any other ap- (3) CONTENT.—The guidelines required by tion or mitigation of cybersecurity threats plicable provisions of law, and the fair infor- paragraphs (1) and (2) shall, consistent with to information systems, inform the develop- mation practice principles set forth in ap- the need to protect information systems ment or implementation of a regulation re- pendix A of the document entitled ‘‘National from cybersecurity threats and mitigate cy- lating to such information systems. Strategy for Trusted Identities in Cyber- bersecurity threats— (e) ANTITRUST EXEMPTION.— space’’ and published by the President in (A) limit the impact on privacy and civil (1) IN GENERAL.—Except as provided in sec- April 2011, govern the retention, use, and dis- liberties of activities by the Federal Govern- tion 1708(e), it shall not be considered a vio- semination by the Federal Government of ment under this title; lation of any provision of antitrust laws for cyber threat indicators shared with the Fed- (B) limit the receipt, retention, use, and 2 or more private entities to exchange or eral Government under this title, including dissemination of cyber threat indicators con- provide a cyber threat indicator, or assist- the extent, if any, to which such cyber taining personal information of or identi- ance relating to the prevention, investiga- threat indicators may be used by the Federal fying specific persons, including by estab- tion, or mitigation of a cybersecurity threat, Government; and lishing— for cybersecurity purposes under this title. (D) ensure there is— (i) a process for the timely destruction of (2) APPLICABILITY.—Paragraph (1) shall (i) an audit capability; and such information that is known not to be di- apply only to information that is exchanged (ii) appropriate sanctions in place for offi- rectly related to uses authorized under this or assistance provided in order to assist cers, employees, or agents of a Federal enti- title; and with— ty who knowingly and willfully conduct ac- (ii) specific limitations on the length of (A) facilitating the prevention, investiga- tivities under this title in an unauthorized any period in which a cyber threat indicator tion, or mitigation of a cybersecurity threat manner. may be retained; to an information system or information (4) GUIDELINES FOR ENTITIES SHARING CYBER (C) include requirements to safeguard that is stored on, processed by, or transiting THREAT INDICATORS WITH FEDERAL GOVERN- cyber threat indicators containing personal an information system; or MENT.— information of or identifying specific persons (B) communicating or disclosing a cyber (A) IN GENERAL.—Not later than 60 days from unauthorized access or acquisition, in- threat indicator to help prevent, investigate, after the date of the enactment of this title, cluding appropriate sanctions for activities or mitigate the effect of a cybersecurity the Attorney General shall develop and by officers, employees, or agents of the Fed- threat to an information system or informa- make publicly available guidance to assist eral Government in contravention of such tion that is stored on, processed by, or entities and promote sharing of cyber threat guidelines; transiting an information system. indicators with Federal entities under this (D) include procedures for notifying enti- (f) NO RIGHT OR BENEFIT.—The sharing of a title. ties and Federal entities if information re- cyber threat indicator with an entity under (B) CONTENTS.—The guidelines developed ceived pursuant to this section is known or this title shall not create a right or benefit and made publicly available under subpara- determined by a Federal entity receiving to similar information by such entity or any graph (A) shall include guidance on the fol- such information not to constitute a cyber other entity. lowing: threat indicator; SEC. 1705. SHARING OF CYBER THREAT INDICA- (i) Identification of types of information (E) protect the confidentiality of cyber TORS AND DEFENSIVE MEASURES that would qualify as a cyber threat indi- threat indicators containing personal infor- WITH THE FEDERAL GOVERNMENT. cator under this title that would be unlikely mation of or identifying specific persons to (a) REQUIREMENT FOR POLICIES AND PROCE- to include personal information of or identi- the greatest extent practicable and require DURES.— fying a specific person not directly related to recipients to be informed that such indica- (1) INTERIM POLICIES AND PROCEDURES.—Not a cyber security threat. tors may only be used for purposes author- later than 60 days after the date of the enact- (ii) Identification of types of information ized under this title; and ment of this title, the Attorney General, in protected under otherwise applicable privacy (F) include steps that may be needed so coordination with the heads of the appro- laws that are unlikely to be directly related that dissemination of cyber threat indicators priate Federal entities, shall develop and to a cybersecurity threat. is consistent with the protection of classified submit to Congress interim policies and pro- (iii) Such other matters as the Attorney and other sensitive national security infor- cedures relating to the receipt of cyber General considers appropriate for entities mation. threat indicators and defensive measures by sharing cyber threat indicators with Federal (c) CAPABILITY AND PROCESS WITHIN THE the Federal Government. entities under this title. DEPARTMENT OF HOMELAND SECURITY.— (2) FINAL POLICIES AND PROCEDURES.—Not (b) PRIVACY AND CIVIL LIBERTIES.— (1) IN GENERAL.—Not later than 90 days later than 180 days after the date of the en- (1) GUIDELINES OF ATTORNEY GENERAL.—Not after the date of the enactment of this title, actment of this title, the Attorney General later than 60 days after the date of the enact- the Secretary of Homeland Security, in co- shall, in coordination with the heads of the ment of this title, the Attorney General ordination with the heads of the appropriate appropriate Federal entities, promulgate shall, in coordination with heads of the ap- Federal entities, shall develop and imple- final policies and procedures relating to the propriate Federal entities and in consulta- ment a capability and process within the De- receipt of cyber threat indicators and defen- tion with officers designated under section partment of Homeland Security that— sive measures by the Federal Government. 1062 of the National Security Intelligence (A) shall accept from any entity in real (3) REQUIREMENTS CONCERNING POLICIES AND Reform Act of 2004 (42 U.S.C. 2000ee–1), de- time cyber threat indicators and defensive PROCEDURES.—Consistent with the guidelines velop, submit to Congress, and make avail- measures, pursuant to this section; required by subsection (b), the policies and able to the public interim guidelines relating (B) shall, upon submittal of the certifi- procedures developed and promulgated under to privacy and civil liberties which shall cation under paragraph (2) that such capa- this subsection shall— govern the receipt, retention, use, and dis- bility and process fully and effectively oper- (A) ensure that cyber threat indicators are semination of cyber threat indicators by a ates as described in such paragraph, be the shared with the Federal Government by any Federal entity obtained in connection with process by which the Federal Government re- entity pursuant to section 1704(c) through activities authorized in this title. ceives cyber threat indicators and defensive the real-time process described in subsection (2) FINAL GUIDELINES.— measures under this title that are shared by (c) of this section— (A) IN GENERAL.—Not later than 180 days a private entity with the Federal Govern- (i) are shared in an automated manner after the date of the enactment of this title, ment through electronic mail or media, an with all of the appropriate Federal entities; the Attorney General shall, in coordination interactive form on an Internet website, or a (ii) are not subject to any delay, modifica- with heads of the appropriate Federal enti- real time, automated process between infor- tion, or any other action that could impede ties and in consultation with officers des- mation systems except— real-time receipt by all of the appropriate ignated under section 1062 of the National (i) communications between a Federal en- Federal entities; and Security Intelligence Reform Act of 2004 (42 tity and a private entity regarding a pre- (iii) may be provided to other Federal enti- U.S.C. 2000ee–1) and such private entities viously shared cyber threat indicator; and ties; with industry expertise as the Attorney Gen- (ii) communications by a regulated entity (B) ensure that cyber threat indicators eral considers relevant, promulgate final with such entity’s Federal regulatory au- shared with the Federal Government by any guidelines relating to privacy and civil lib- thority regarding a cybersecurity threat; entity pursuant to section 1704 in a manner erties which shall govern the receipt, reten- (C) ensures that all of the appropriate Fed- other than the real-time process described in tion, use, and dissemination of cyber threat eral entities receive in an automated manner subsection (c) of this section— indicators by a Federal entity obtained in such cyber threat indicators shared through (i) are shared as quickly as operationally connection with activities authorized in this the real-time process within the Department practicable with all of the appropriate Fed- title. of Homeland Security; eral entities; (B) PERIODIC REVIEW.—The Attorney Gen- (D) is in compliance with the policies, pro- (ii) are not subject to any unnecessary eral shall, in coordination with heads of the cedures, and guidelines required by this sec- delay, interference, or any other action that appropriate Federal entities and in consultation; and

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(E) does not limit or prohibit otherwise tribal, or local law requiring disclosure of in- (ii) EXCEPTIONS.— lawful disclosures of communications, formation or records; and (I) REGULATORY AUTHORITY SPECIFICALLY records, or other information, including— (B) withheld, without discretion, from the RELATING TO PREVENTION OR MITIGATION OF (i) reporting of known or suspected crimi- public under section 552(b)(3)(B) of title 5, CYBERSECURITY THREATS.—Cyber threat indi- nal activity, by an entity to any other entity United States Code, and any State, tribal, or cators and defensive measures provided to or a Federal entity; local provision of law requiring disclosure of the Federal Government under this title (ii) voluntary or legally compelled partici- information or records. may, consistent with Federal or State regu- pation in a Federal investigation; and (4) EX PARTE COMMUNICATIONS.—The provi- latory authority specifically relating to the (iii) providing cyber threat indicators or sion of a cyber threat indicator or defensive prevention or mitigation of cybersecurity defensive measures as part of a statutory or measure to the Federal Government under threats to information systems, inform the authorized contractual requirement. this title shall not be subject to a rule of any development or implementation of regula- (2) CERTIFICATION.—Not later than 10 days Federal agency or department or any judi- tions relating to such information systems. prior to the implementation of the capa- cial doctrine regarding ex parte communica- (II) PROCEDURES DEVELOPED AND IMPLE- bility and process required by paragraph (1), tions with a decisionmaking official. MENTED UNDER THIS TITLE.—Clause (i) shall the Secretary of Homeland Security shall, in (5) DISCLOSURE, RETENTION, AND USE.— not apply to procedures developed and imple- consultation with the heads of the appro- (A) AUTHORIZED ACTIVITIES.—Cyber threat mented under this title. priate Federal entities, certify to Congress indicators and defensive measures provided SEC. 1706. PROTECTION FROM LIABILITY. whether such capability and process fully to the Federal Government under this title (a) MONITORING OF INFORMATION SYSTEMS.— and effectively operates— may be disclosed to, retained by, and used No cause of action shall lie or be maintained by, consistent with otherwise applicable pro- (A) as the process by which the Federal in any court against any private entity, and Government receives from any entity a visions of Federal law, any Federal agency or such action shall be promptly dismissed, for cyber threat indicator or defensive measure department, component, officer, employee, the monitoring of information systems and under this title; and or agent of the Federal Government solely information under section 1704(a) that is con- (B) in accordance with the policies, proce- for— ducted in accordance with this title. dures, and guidelines developed under this (i) a cybersecurity purpose; (b) SHARING OR RECEIPT OF CYBER THREAT section. (ii) the purpose of identifying a cybersecu- INDICATORS.—No cause of action shall lie or (3) PUBLIC NOTICE AND ACCESS.—The Sec- rity threat, including the source of such cy- be maintained in any court against any enti- retary of Homeland Security shall ensure bersecurity threat, or a security vulner- ty, and such action shall be promptly dis- there is public notice of, and access to, the ability; missed, for the sharing or receipt of cyber capability and process developed and imple- (iii) the purpose of identifying a cybersecu- threat indicators or defensive measures mented under paragraph (1) so that— rity threat involving the use of an informa- under section 1704(c) if— (A) any entity may share cyber threat in- tion system by a foreign adversary or ter- dicators and defensive measures through rorist; (1) such sharing or receipt is conducted in such process with the Federal Government; (iv) the purpose of responding to, or other- accordance with this title; and and wise preventing or mitigating, an imminent (2) in a case in which a cyber threat indi- (B) all of the appropriate Federal entities threat of death, serious bodily harm, or seri- cator or defensive measure is shared with the receive such cyber threat indicators and de- ous economic harm, including a terrorist act Federal Government, the cyber threat indi- fensive measures in real time with receipt or a use of a weapon of mass destruction; cator or defensive measure is shared in a through the process within the Department (v) the purpose of responding to, or other- manner that is consistent with section of Homeland Security. wise preventing or mitigating, a serious 1705(c)(1)(B) and the sharing or receipt, as (4) OTHER FEDERAL ENTITIES.—The process threat to a minor, including sexual exploi- the case may be, occurs after the earlier of— developed and implemented under paragraph tation and threats to physical safety; or (A) the date on which the interim policies (1) shall ensure that other Federal entities (vi) the purpose of preventing, inves- and procedures are submitted to Congress receive in a timely manner any cyber threat tigating, disrupting, or prosecuting an of- under section 1705(a)(1); or indicators and defensive measures shared fense arising out of a threat described in (B) the date that is 60 days after the date with the Federal Government through such clause (iv) or any of the offenses listed in— of the enactment of this title. process. (I) section 3559(c)(2)(F) of title 18, United (c) CONSTRUCTION.—Nothing in this section (5) REPORT ON DEVELOPMENT AND IMPLEMEN- States Code (relating to serious violent felo- shall be construed— TATION.— nies); (1) to require dismissal of a cause of action (A) IN GENERAL.—Not later than 60 days (II) sections 1028 through 1030 of such title against an entity that has engaged in gross after the date of the enactment of this title, (relating to fraud and identity theft); negligence or willful misconduct in the the Secretary of Homeland Security shall (III) chapter 37 of such title (relating to es- course of conducting activities authorized by submit to Congress a report on the develop- pionage and censorship); and this title; or ment and implementation of the capability (IV) chapter 90 of such title (relating to (2) to undermine or limit the availability and process required by paragraph (1), in- protection of trade secrets). of otherwise applicable common law or stat- cluding a description of such capability and (B) PROHIBITED ACTIVITIES.—Cyber threat utory defenses. process and the public notice of, and access indicators and defensive measures provided SEC. 1707. OVERSIGHT OF GOVERNMENT ACTIVI- to, such process. to the Federal Government under this title TIES. (B) CLASSIFIED ANNEX.—The report re- shall not be disclosed to, retained by, or used (a) BIENNIAL REPORT ON IMPLEMENTATION.— quired by subparagraph (A) shall be sub- by any Federal agency or department for any (1) IN GENERAL.—Not later than 1 year after mitted in unclassified form, but may include use not permitted under subparagraph (A). the date of the enactment of this title, and a classified annex. (C) PRIVACY AND CIVIL LIBERTIES.—Cyber not less frequently than once every 2 years (d) INFORMATION SHARED WITH OR PROVIDED threat indicators and defensive measures thereafter, the heads of the appropriate Fed- TO THE FEDERAL GOVERNMENT.— provided to the Federal Government under eral entities shall jointly submit and the In- (1) NO WAIVER OF PRIVILEGE OR PROTEC- this title shall be retained, used, and dis- spector General of the Department of Home- TION.—The provision of cyber threat indica- seminated by the Federal Government— land Security, the Inspector General of the tors and defensive measures to the Federal (i) in accordance with the policies, proce- Intelligence Community, the Inspector Gen- Government under this title shall not con- dures, and guidelines required by subsections eral of the Department of Justice, the In- stitute a waiver of any applicable privilege (a) and (b); spector General of the Department of De- or protection provided by law, including (ii) in a manner that protects from unau- fense, and the Inspector General of the De- trade secret protection. thorized use or disclosure any cyber threat partment of Energy, in consultation with the (2) PROPRIETARY INFORMATION.—Consistent indicators that may contain personal infor- Council of Inspectors General on Financial with section 1704(c)(2), a cyber threat indi- mation of or identifying specific persons; and Oversight, shall jointly submit to Congress a cator or defensive measure provided by an (iii) in a manner that protects the con- detailed report concerning the implementa- entity to the Federal Government under this fidentiality of cyber threat indicators con- tion of this title. title shall be considered the commercial, fi- taining personal information of or identi- (2) CONTENTS.—Each report submitted nancial, and proprietary information of such fying a specific person. under paragraph (1) shall include the fol- entity when so designated by the originating (D) FEDERAL REGULATORY AUTHORITY.— lowing: entity or a third party acting in accordance (i) IN GENERAL.—Except as provided in (A) An assessment of the sufficiency of the with the written authorization of the origi- clause (ii), cyber threat indicators and defen- policies, procedures, and guidelines required nating entity. sive measures provided to the Federal Gov- by section 1705 in ensuring that cyber threat (3) EXEMPTION FROM DISCLOSURE.—Cyber ernment under this title shall not be directly indicators are shared effectively and respon- threat indicators and defensive measures used by any Federal, State, tribal, or local sibly within the Federal Government. provided to the Federal Government under government to regulate, including an en- (B) An evaluation of the effectiveness of this title shall be— forcement action, the lawful activities of real-time information sharing through the (A) deemed voluntarily shared information any entity, including activities relating to capability and process developed under sec- and exempt from disclosure under section 552 monitoring, operating defensive measures, or tion 1705(c), including any impediments to of title 5, United States Code, and any State, sharing cyber threat indicators. such real-time sharing.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3955 (C) An assessment of the sufficiency of the been shared with Federal entities under this information regarding future competitive procedures developed under section 1703 in title. planning. ensuring that cyber threat indicators in the (B) CONTENTS.—Each report submitted (f) INFORMATION SHARING RELATIONSHIPS.— possession of the Federal Government are under subparagraph (A) shall include the fol- Nothing in this title shall be construed— shared in a timely and adequate manner lowing: (1) to limit or modify an existing informa- with appropriate entities, or, if appropriate, (i) A review of the types of cyber threat in- tion sharing relationship; are made publicly available. dicators shared with Federal entities. (2) to prohibit a new information sharing (D) An assessment of whether cyber threat (ii) A review of the actions taken by Fed- relationship; indicators have been properly classified and eral entities as a result of the receipt of such (3) to require a new information sharing rean accounting of the number of security cyber threat indicators. lationship between any entity and the Fed- clearances authorized by the Federal Gov- (iii) A list of Federal entities receiving eral Government; or ernment for the purposes of this title. such cyber threat indicators. (4) to require the use of the capability and (E) A review of the type of cyber threat in- (iv) A review of the sharing of such cyber process within the Department of Homeland dicators shared with the Federal Govern- threat indicators among Federal entities to Security developed under section 1705(c). ment under this title, including the fol- identify inappropriate barriers to sharing in- (g) PRESERVATION OF CONTRACTUAL OBLIGA- lowing: formation. TIONS AND RIGHTS.—Nothing in this title (i) The degree to which such information (3) RECOMMENDATIONS.—Each report sub- shall be construed— may impact the privacy and civil liberties of mitted under this subsection may include (1) to amend, repeal, or supersede any cur- specific persons. such recommendations as the Privacy and rent or future contractual agreement, terms (ii) A quantitative and qualitative assess- Civil Liberties Oversight Board, with respect of service agreement, or other contractual ment of the impact of the sharing of such to a report submitted under paragraph (1), or relationship between any entities, or be- cyber threat indicators with the Federal the Inspectors General referred to in para- tween any entity and a Federal entity; or Government on privacy and civil liberties of graph (2)(A), with respect to a report sub- (2) to abrogate trade secret or intellectual specific persons. mitted under paragraph (2), may have for im- property rights of any entity or Federal enti- (iii) The adequacy of any steps taken by provements or modifications to the authority. the Federal Government to reduce such im- ties under this title. (h) ANTI-TASKING RESTRICTION.—Nothing in pact. (4) FORM.—Each report required under this this title shall be construed to permit the (F) A review of actions taken by the Fed- subsection shall be submitted in unclassified Federal Government— eral Government based on cyber threat indi- form, but may include a classified annex. (1) to require an entity to provide informa- cators shared with the Federal Government SEC. 1708. CONSTRUCTION AND PREEMPTION. tion to the Federal Government; under this title, including the appropriate- (a) OTHERWISE LAWFUL DISCLOSURES.— (2) to condition the sharing of cyber threat ness of any subsequent use or dissemination Nothing in this title shall be construed— indicators with an entity on such entity’s of such cyber threat indicators by a Federal (1) to limit or prohibit otherwise lawful provision of cyber threat indicators to the entity under section 1705. disclosures of communications, records, or Federal Government; or (G) A description of any significant viola- other information, including reporting of (3) to condition the award of any Federal tions of the requirements of this title by the known or suspected criminal activity, by an grant, contract, or purchase on the provision Federal Government. entity to any other entity or the Federal of a cyber threat indicator to a Federal enti- (H) A summary of the number and type of Government under this title; or ty. entities that received classified cyber threat (2) to limit or prohibit otherwise lawful use (i) NO LIABILITY FOR NON-PARTICIPATION.— indicators from the Federal Government of such disclosures by any Federal entity, Nothing in this title shall be construed to under this title and an evaluation of the even when such otherwise lawful disclosures subject any entity to liability for choosing risks and benefits of sharing such cyber duplicate or replicate disclosures made not to engage in the voluntary activities au- threat indicators. under this title. thorized in this title. (3) RECOMMENDATIONS.—Each report sub- (b) WHISTLE BLOWER PROTECTIONS.—Noth- (j) USE AND RETENTION OF INFORMATION.— mitted under paragraph (1) may include rec- ing in this title shall be construed to pro- Nothing in this title shall be construed to ommendations for improvements or modi- hibit or limit the disclosure of information authorize, or to modify any existing author- fications to the authorities and processes protected under section 2302(b)(8) of title 5, ity of, a department or agency of the Federal under this title. United States Code (governing disclosures of Government to retain or use any informa- (4) FORM OF REPORT.—Each report required illegality, waste, fraud, abuse, or public tion shared under this title for any use other by paragraph (1) shall be submitted in un- health or safety threats), section 7211 of title than permitted in this title. classified form, but may include a classified 5, United States Code (governing disclosures (k) FEDERAL PREEMPTION.— annex. to Congress), section 1034 of title 10, United (1) IN GENERAL.—This title supersedes any (b) REPORTS ON PRIVACY AND CIVIL LIB- States Code (governing disclosure to Con- statute or other provision of law of a State ERTIES.— gress by members of the military), section or political subdivision of a State that re- (1) BIENNIAL REPORT FROM PRIVACY AND 1104 of the National Security Act of 1947 (50 stricts or otherwise expressly regulates an CIVIL LIBERTIES OVERSIGHT BOARD.—Not later U.S.C. 3234) (governing disclosure by employ- activity authorized under this title. than 2 years after the date of the enactment ees of elements of the intelligence commu- (2) STATE LAW ENFORCEMENT.—Nothing in of this title and not less frequently than nity), or any similar provision of Federal or this title shall be construed to supersede any once every 2 years thereafter, the Privacy State law. statute or other provision of law of a State and Civil Liberties Oversight Board shall (c) PROTECTION OF SOURCES AND METH- or political subdivision of a State concerning submit to Congress and the President a re- ODS.—Nothing in this title shall be con- the use of authorized law enforcement prac- port providing— strued— tices and procedures. (A) an assessment of the effect on privacy (1) as creating any immunity against, or (l) REGULATORY AUTHORITY.—Nothing in and civil liberties by the type of activities otherwise affecting, any action brought by this title shall be construed— carried out under this title; and the Federal Government, or any agency or (1) to authorize the promulgation of any (B) an assessment of the sufficiency of the department thereof, to enforce any law, ex- regulations not specifically authorized by policies, procedures, and guidelines estab- ecutive order, or procedure governing the ap- this title; lished pursuant to section 1705 in addressing propriate handling, disclosure, or use of clas- (2) to establish or limit any regulatory au- concerns relating to privacy and civil lib- sified information; thority not specifically established or lim- erties. (2) to affect the conduct of authorized law ited under this title; or (2) BIENNIAL REPORT OF INSPECTORS GEN- enforcement or intelligence activities; or (3) to authorize regulatory actions that ERAL.— (3) to modify the authority of a depart- would duplicate or conflict with regulatory (A) IN GENERAL.—Not later than 2 years ment or agency of the Federal Government requirements, mandatory standards, or re- after the date of the enactment of this title to protect classified information and sources lated processes under another provision of and not less frequently than once every 2 and methods and the national security of the Federal law. years thereafter, the Inspector General of United States. (m) AUTHORITY OF SECRETARY OF DEFENSE the Department of Homeland Security, the (d) RELATIONSHIP TO OTHER LAWS.—Noth- TO RESPOND TO CYBER ATTACKS.—Nothing in Inspector General of the Intelligence Com- ing in this title shall be construed to affect this title shall be construed to limit the au- munity, the Inspector General of the Depart- any requirement under any other provision thority of the Secretary of Defense to de- ment of Justice, the Inspector General of the of law for an entity to provide information velop, prepare, coordinate, or, when author- Department of Defense, and the Inspector to the Federal Government. ized by the President to do so, conduct a General of the Department of Energy shall, (e) PROHIBITED CONDUCT.—Nothing in this military cyber operation in response to a in consultation with the Council of Inspec- title shall be construed to permit price-fix- malicious cyber activity carried out against tors General on Financial Oversight, jointly ing, allocating a market between competi- the United States or a United States person submit to Congress a report on the receipt, tors, monopolizing or attempting to monopo- by a foreign government or an organization use, and dissemination of cyber threat indi- lize a market, boycotting, or exchanges of sponsored by a foreign government or a ter- cators and defensive measures that have price or cost information, customer lists, or rorist organization.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3956 CONGRESSIONAL RECORD — SENATE June 9, 2015 SEC. 1709. REPORT ON CYBERSECURITY information is shared consistent with the national air space and to develop mitigation THREATS. policies and procedures promulgated by the technologies— (a) REPORT REQUIRED.—Not later than 180 Attorney General under section 1705 of the (1) to ensure that, as the commercial use of days after the date of the enactment of this Cybersecurity Information Sharing Act of UAS technologies increases and such tech- title, the Director of National Intelligence, 2015.’’. nologies are safely integrated into the na- in coordination with the heads of other ap- SEC. 1711. CRIMINAL BACKGROUND CHECKS OF tional air space, the United States is taking propriate elements of the intelligence com- EMPLOYEES OF THE MILITARY full advantage of existing and developmental munity, shall submit to the Select Com- CHILD CARE SYSTEM AND PRO- technologies to detect, identify, classify, mittee on Intelligence of the Senate and the VIDERS OF CHILD CARE SERVICES track, and counteract potentially threat- Permanent Select Committee on Intelligence AND YOUTH PROGRAM SERVICES ening UAS, including in and around re- FOR MILITARY DEPENDENTS. of the House of Representatives a report on stricted and controlled air space, such as air- (a) EMPLOYEES OF MILITARY CHILD CARE cybersecurity threats, including cyber at- ports, military training areas, National Spe- SYSTEM.—Section 1792 of title 10, United tacks, theft, and data breaches. cial Security Events, and sensitive national (b) CONTENTS.—The report required by sub- States Code, is amended— security locations; and section (a) shall include the following: (1) by redesignating subsection (d) as sub- (2) to contribute to the development of in- (1) An assessment of the current intel- section (e); and telligence, reconnaissance, and surveillance ligence sharing and cooperation relation- (2) by inserting after subsection (c) the fol- capabilities for national security over widely ships of the United States with other coun- lowing new subsection (d): dispersed and expansive territories. ‘‘(d) CRIMINAL BACKGROUND CHECK.—The tries regarding cybersecurity threats, includ- (b) UAS DEFINED.—In this section, the ing cyber attacks, theft, and data breaches, criminal background check of child care em- term ‘‘UAS’’ means unmanned aerial sys- directed against the United States and which ployees under this section that is required tems. threaten the United States national security pursuant to section 231 of the Crime Control interests and economy and intellectual prop- Act of 1990 (42 U.S.C. 13041) shall be con- SA 1923. Mr. INHOFE (for himself erty, specifically identifying the relative ducted pursuant to regulations prescribed by and Mr. COONS) submitted an amend- utility of such relationships, which elements the Secretary of Defense in accordance with ment intended to be proposed to the provisions of section 658H of the Child of the intelligence community participate in amendment SA 1463 proposed by Mr. such relationships, and whether and how Care and Development Block Grant Act of such relationships could be improved. 1990 (42 U.S.C. 9858f).’’. MCCAIN to the bill H.R. 1735, to author- (2) A list and an assessment of the coun- (b) PROVIDERS OF CHILD CARE SERVICES AND ize appropriations for fiscal year 2016 tries and nonstate actors that are the pri- YOUTH PROGRAM SERVICES.—Section 1798 of for military activities of the Depart- mary threats of carrying out a cybersecurity such title is amended— ment of Defense, for military construc- threat, including a cyber attack, theft, or (1) by redesignating subsection (c) as sub- tion, and for defense activities of the data breach, against the United States and section (d); and Department of Energy, to prescribe which threaten the United States national (2) by inserting after subsection (b) the fol- military personnel strengths for such lowing new subsection (c): security, economy, and intellectual prop- fiscal year, and for other purposes; erty. ‘‘(c) CRIMINAL BACKGROUND CHECK.—A pro- (3) A description of the extent to which the vider of child care services or youth program which was ordered to lie on the table; capabilities of the United States Govern- services may not provide such services under as follows: ment to respond to or prevent cybersecurity this section unless such provider complies At the end of subtitle G of title XII, add threats, including cyber attacks, theft, or with the requirements for criminal back- the following: data breaches, directed against the United ground checks under section 658H of the SEC. 1283. FREE TRADE AGREEMENTS WITH SUB- States private sector are degraded by a delay Child Care and Development Block Grant SAHARAN AFRICAN COUNTRIES. in the prompt notification by private enti- Act of 1990 (42 U.S.C. 9858f) for the State in (a) PLAN REQUIREMENTS AND REPORTING.— ties of such threats or cyber attacks, theft, which such services are provided.’’. Section 116 of the African Growth and Oppor- and breaches. (c) FUNDING.—Amounts for activities re- tunity Act (19 U.S.C. 3723) is amended by (4) An assessment of additional tech- quired by reason of the amendments made by adding at the end the following: nologies or capabilities that would enhance this section during fiscal year 2016 shall be ‘‘(d) PLAN REQUIREMENT.— the ability of the United States to prevent derived from amounts otherwise authorized ‘‘(1) IN GENERAL.—The President shall de- and to respond to cybersecurity threats, in- to be appropriated for fiscal year 2016 by sec- velop a plan for the purpose of negotiating cluding cyber attacks, theft, and data tion 301 and available for operation and and entering into one or more free trade breaches. maintenance for the Yellow Ribbon Re- agreements with all eligible sub-Saharan Af- (5) An assessment of any technologies or integration Program as specified in the fund- rican countries. The plan shall identify the practices utilized by the private sector that ing tables in section 4301. 10 to 15 eligible sub-Saharan African coun- could be rapidly fielded to assist the intel- tries or groups of such countries that are ligence community in preventing and re- SA 1922. Mr. WARNER (for himself most ready for a free trade agreement with sponding to cybersecurity threats. and Mr. COCHRAN) submitted an amend- the United States. (c) FORM OF REPORT.—The report required ment intended to be proposed to ‘‘(2) ELEMENTS OF PLAN.—The plan required by subsection (a) shall be made available in amendment SA 1463 proposed by Mr. by paragraph (1) shall include, for each eligi- classified and unclassified forms. ble sub-Saharan African country, the fol- MCCAIN to the bill H.R. 1735, to author- (d) INTELLIGENCE COMMUNITY DEFINED.—In lowing: this section, the term ‘‘intelligence commu- ize appropriations for fiscal year 2016 ‘‘(A) The steps each such country needs to nity’’ has the meaning given that term in for military activities of the Depart- be equipped and ready to enter into a free section 3 of the National Security Act of 1947 ment of Defense, for military construc- trade agreement with the United States, in- (50 U.S.C. 3003). tion, and for defense activities of the cluding the effective implementation of the SEC. 1710. CONFORMING AMENDMENTS. Department of Energy, to prescribe WTO Agreements and the development of a (a) PUBLIC INFORMATION.—Section 552(b) of military personnel strengths for such bilateral investment treaty. title 5, United States Code, is amended— fiscal year, and for other purposes; ‘‘(B) Milestones for accomplishing each step identified in subparagraph (A) for each (1) in paragraph (8), by striking ‘‘or’’ at the which was ordered to lie on the table; end; such country, with the goal of establishing a (2) in paragraph (9), by striking ‘‘wells.’’ as follows: free trade agreement with each such country and inserting ‘‘wells; or’’; and At the end of subtitle G of title X, add the not later than 10 years after the date of the (3) by inserting after paragraph (9) the fol- following: enactment of the National Defense Author- lowing: SEC. 1085. UNMANNED AERIAL SYSTEMS RE- ization Act for Fiscal Year 2016. ‘‘(10) information shared with or provided SEARCH PROGRAM. ‘‘(C) A description of the resources re- to the Federal Government pursuant to the (a) REQUIREMENT TO DEVELOP AND DEPLOY quired to assist each such country in accom- Cybersecurity Information Sharing Act of UAS TECHNOLOGIES.—The Secretary of De- plishing each milestone described in sub- 2015.’’. fense and the Director of National Intel- paragraph (B). (b) MODIFICATION OF LIMITATION ON DIS- ligence shall work in conjunction with the ‘‘(D) The extent to which steps described in SEMINATION OF CERTAIN INFORMATION CON- Secretary of Homeland Security, the Sec- subparagraph (A), the milestones described CERNING PENETRATIONS OF DEFENSE CON- retary of Transportation, the Administrator in subparagraph (B), and resources described TRACTOR NETWORKS.—Section 941(c)(3) of the of the National Aeronautics and Space Ad- in subparagraph (C) may be accomplished National Defense Authorization Act for Fis- ministration, the heads of other Federal through regional or subregional organiza- cal Year 2013 (Public Law 112–239; 10 U.S.C. agencies, existing UAS test sites and centers tions in sub-Saharan Africa, including the 2224 note) is amended by inserting at the end of excellence designated by the Federal Avia- East African Community, the Economic the following: ‘‘The Secretary may share tion Administration, the private sector, and Community of West African States, the Com- such information with other Federal entities academia on the research and development mon Market for Eastern and Southern Afri- if such information consists of cyber threat of technologies to safely detect, identify, and ca, and the Economic Community of Central indicators and defensive measures and such classify potentially threatening UAS in the African States.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3957 ‘‘(E) Procedures to ensure the following: tunity Act (19 U.S.C. 3723), as added by sub- fiscal year, and for other purposes; ‘‘(i) Adequate consultation with Congress section (a). which was ordered to lie on the table; and the private sector during the negotia- as follows: tions. SA 1924. Mr. DAINES submitted an ‘‘(ii) Consultation with Congress regarding amendment intended to be proposed to On page 492, line 2, after ‘‘Appropriations,’’ all matters relating to implementation of insert ‘‘the Committee on the Judiciary,’’. amendment SA 1463 proposed by Mr. On page 492, line 5, after ‘‘Appropriations,’’ the agreement or agreements. MCCAIN to the bill H.R. 1735, to author- insert ‘‘the Committee on the Judiciary,’’. ‘‘(iii) Approval by Congress of the agree- ize appropriations for fiscal year 2016 On page 500, line 21, after ‘‘Appropria- ment or agreements. tions,’’ insert ‘‘the Committee on the Judici- ‘‘(iv) Adequate consultations with the rel- for military activities of the Depart- ment of Defense, for military construc- ary,’’. evant African governments and African re- On page 500, line 24, after ‘‘Appropria- gional and subregional intergovernmental tion, and for defense activities of the Department of Energy, to prescribe tions,’’ insert ‘‘the Committee on the Judici- organizations during the negotiation of the ary,’’. agreement or agreements. military personnel strengths for such On page 509, line 8, after ‘‘Appropriations,’’ ‘‘(3) REPORTING REQUIREMENT.—Not later fiscal year, and for other purposes; insert ‘‘the Committee on the Judiciary,’’. than 12 months after the date of the enact- which was ordered to lie on the table; On page 509, line 11, after ‘‘Appropria- ment of the National Defense Authorization as follows: tions,’’ insert ‘‘the Committee on the Judici- Act for Fiscal Year 2016, and every 5 years ary,’’. thereafter, the President shall prepare and At the end of subtitle G of title X, add the following: On page 512, line 11, after ‘‘Appropria- submit to Congress a report containing the tions,’’ insert ‘‘the Committee on the Judici- plan developed pursuant to paragraph (1). SEC. 1085. EXEMPTION OF INDIAN TRIBAL GOV- ERNMENTS FROM EMPLOYER MAN- ary,’’. ‘‘(4) DEFINITIONS.—In this subsection: DATE. On page 512, line 16, after ‘‘Appropria- ‘‘(A) ELIGIBLE SUB-SAHARAN AFRICAN COUN- (a) IN GENERAL.—Paragraph (2) of section tions,’’ insert ‘‘the Committee on the Judici- TRY.—The term ‘eligible sub-Saharan Afri- 4980H(c) of the Internal Revenue Code of 1986 ary,’’. can country’ means a country designated as is amended by adding at the end the fol- On page 514, line 14, after ‘‘Appropria- an eligible sub-Saharan African country lowing new subparagraph: tions,’’ insert ‘‘the Committee on the Judici- under section 104. ‘‘(F) CERTAIN INDIAN EMPLOYERS.—The ary,’’. ‘‘(B) WTO.—The term ‘WTO’ means the term ‘applicable large employer’ does not in- On page 514, line 18, after ‘‘Appropria- World Trade Organization. clude— tions,’’ insert ‘‘the Committee on the Judici- ‘‘(C) WTO AGREEMENT.—The term ‘WTO ‘‘(i) any Indian tribal government (as de- ary,’’. Agreement’ has the meaning given that term fined in section 7701(a)(40)), or in section 2(9) of the Uruguay Round Agree- ‘‘(ii) any enterprise or institution owned SA 1927. Mr. ISAKSON submitted an ments Act (19 U.S.C. 3501(9)). and operated by an Indian tribe (as defined amendment intended to be proposed to ‘‘(D) WTO AGREEMENTS.—The term ‘WTO in section 45A(c)(6)).’’. amendment SA 1463 proposed by Mr. Agreements’ means the WTO Agreement and (b) EFFECTIVE DATE.—The amendment MCCAIN to the bill H.R. 1735, to author- agreements annexed to that Agreement.’’. made by this section shall apply to calendar ize appropriations for fiscal year 2016 (b) COORDINATION OF USAID WITH FREE years beginning after December 31, 2014 for military activities of the Depart- TRADE AGREEMENT POLICY.— ment of Defense, for military construc- (1) AUTHORIZATION OF FUNDS.—Funds made SA 1925. Mr. COATS submitted an tion, and for defense activities of the available to the United States Agency for amendment intended to be proposed to Department of Energy, to prescribe International Development under section 496 amendment SA 1463 proposed by Mr. of the Foreign Assistance Act of 1961 (22 military personnel strengths for such MCCAIN to the bill H.R. 1735, to author- U.S.C. 2293) after the date of the enactment fiscal year, and for other purposes; ize appropriations for fiscal year 2016 of this Act may be used, in consultation with which was ordered to lie on the table; for military activities of the Depart- the United States Trade Representative— as follows: (A) to assist eligible countries, including ment of Defense, for military construc- by deploying resources to such countries, in tion, and for defense activities of the At the end of subtitle B of title V, add the following: addressing the steps and milestones identi- Department of Energy, to prescribe SEC. 515. AUTHORITY TO ORDER UNITS AND fied in the plan developed under subsection military personnel strengths for such (d) of section 116 of the African Growth and MEMBERS OF THE SELECTED RE- fiscal year, and for other purposes; SERVE TO ACTIVE DUTY FOR Opportunity Act (19 U.S.C. 3723), as added by which was ordered to lie on the table; PREPLANNED MISSIONS IN SUP- subsection (a); and PORT OF THE MILITARY DEPART- (B) to assist eligible countries in the im- as follows: MENTS. plementation of the commitments of those At the end of subtitle B of title XII, add (a) IN GENERAL.—Subsection (a) of section countries under agreements with the United the following: 12304b of title 10, United States Code, is States and the WTO Agreements (as defined SEC. 1230. PLAN FOR DEFEATING THE ISLAMIC amended— in subsection (d)(4) of such section 116). STATE OF IRAQ AND THE LEVANT. (1) by inserting ‘‘(1)’’ before ‘‘When the (2) DEFINITIONS.—In this subsection: (a) IN GENERAL.—Not later than 60 days Secretary’’; (A) ELIGIBLE COUNTRY.—The term ‘‘eligible after the date of the enactment of this Act, (2) in paragraph (1), as so designated— country’’ means a sub-Saharan African coun- the Secretary of Defense shall submit to the (A) by inserting ‘‘or the military depart- try that receives— Committees on Armed Services of the Senate ment’’ after ‘‘a combatant command’’; (i) benefits under for the African Growth and the House of Representatives a report (B) by inserting ‘‘or any individual member and Opportunity Act (19 U.S.C. 3701 et seq.); detailing a realistic plan to confront, de- of the Selected Reserve,’’ after ‘‘title),’’; and and grade, and defeat the Islamic State of Iraq (3) by adding at the end the following new (ii) funding from the United States Agency and the Levant first in Iraq and Syria and paragraph: for International Development. then in any country where its forces or allies ‘‘(2) Support provided under paragraph (1) (B) SUB-SAHARAN AFRICAN COUNTRY.—The are operating. may include the following: term ‘‘sub-Saharan African country’’ has the (b) ELEMENTS.—The plan submitted under ‘‘(A) Support to a geographic combatant meaning given that term in section 107 of the subsection (a) shall include— command or other combatant command for African Growth and Opportunity Act (19 (1) realistic, well-substantiated estimates which regular forces are inadequate at the U.S.C. 3706). of timeframes, resources required, expected time such support is provided, including sup- (c) COORDINATION WITH MILLENNIUM CHAL- allies, and anticipated obstacles; and port to training exercises sponsored by the LENGE CORPORATION.—After the date of the (2) clear definitions of milestones, metrics combatant command and non-combat mis- enactment of this Act, the United States of success, and personal accountability. sions related to a named operation. Trade Representative and the Administrator ‘‘(B) Support to a military department for of the United States Agency for Inter- SA 1926. Mr. LEAHY (for himself and non-combat missions for which regular national Development shall consult and co- Mr. GRASSLEY) submitted an amend- forces are inadequate at the time such sup- ordinate with the Chief Executive Officer of ment intended to be proposed to port is provided, including support to train- the Millennium Challenge Corporation re- amendment SA 1463 proposed by Mr. ing exercises sponsored by the military de- garding countries that have entered into a MCCAIN to the bill H.R. 1735, to author- partment and non-combat missions related Millennium Challenge Compact pursuant to ize appropriations for fiscal year 2016 to a named operation.’’. section 609 of the Millennium Challenge Act for military activities of the Depart- (b) LIMITATIONS.—Subsection (b)(1) of such of 2003 (22 U.S.C. 7708) that have been de- section is amended— clared eligible to enter into such a Compact ment of Defense, for military construc- (1) by redesignating subparagraphs (A) and for the purpose of developing and carrying tion, and for defense activities of the (B) as clauses (i) and (ii) and redesignating out the plan required by subsection (d) of Department of Energy, to prescribe the margins of such clauses, as so redesig- section 116 of the African Growth and Oppor- military personnel strengths for such nated, four ems from the left margin;

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3958 CONGRESSIONAL RECORD — SENATE June 9, 2015 (2) by striking ‘‘if—’’ and inserting ‘‘if— military personnel strengths for such port functions of the National Response ‘‘(A) both—’’; fiscal year, and for other purposes; Framework. (3) in clause (ii), as so redesignated, by which was ordered to lie on the table; ‘‘(3) Each report may be submitted in clas- striking the period and inserting ‘‘; or’’; and as follows: sified and unclassified versions.’’. (4) by adding at the end the following new subparagraph: On page 38, between lines 10 and 11, insert SA 1932. Mr. REED submitted an ‘‘(B) the military department to which the the following: amendment intended to be proposed to (c) RE-ENGINING STUDY.—the Air Force unit or individual members are assigned re- amendment SA 1463 proposed by Mr. programs funds in the fiscal year in which shall submit their B-52 re-engine analysis to the congressional defense committees not MCCAIN to the bill H.R. 1735, to author- support is provided in order to provide for ize appropriations for fiscal year 2016 the manpower and associated costs of the later than 90 days after the date of the enact- members ordered to active duty.’’. ment of this Act. for military activities of the Depart- (c) TREATMENT OF MEMBERS.— ment of Defense, for military construc- (1) IN GENERAL.—Such section is further SA 1929. Mr. WYDEN submitted an tion, and for defense activities of the amended— amendment intended to be proposed to Department of Energy, to prescribe (A) by redesignating subsections (f) amendment SA 1463 proposed by Mr. military personnel strengths for such through (i) as subsections (g) through (j), re- MCCAIN to the bill H.R. 1735, to author- fiscal year, and for other purposes; spectively; and ize appropriations for fiscal year 2016 which was ordered to lie on the table; (B) by inserting after subsection (e) the fol- for military activities of the Depart- as follows: lowing new subsection (f): ment of Defense, for military construc- ‘‘(f) TREATMENT OF MEMBERS.—Any mem- On page 510, line 25, strike ‘‘, in unclassi- ber ordered to active duty pursuant to this tion, and for defense activities of the fied form,’’. section shall be entitled while on and in con- Department of Energy, to prescribe On page 511, between lines 13 and 14, insert nection with such duty to the benefits to military personnel strengths for such the following: which members of the Ready Reserve are en- fiscal year, and for other purposes; (3) Whether, as of the date of the report, titled while on and in connection with duty which was ordered to lie on the table; the basis for the first designation or assess- to which ordered pursuant to section 12302 of as follows: ment remains valid. On page 511, beginning on line 21, strike this title.’’. Strike section 535. (2) RETIRED PAY FOR NON-REGULAR SERV- ‘‘and the designation or assessment to which changed’’ and insert ‘‘, the designation or as- ICE.—Section 12731(f)(2)(B)(i) of such title is SA 1930. Mr. LEAHY (for himself and amended by inserting ‘‘or 12304b’’ after sessment to which changed, and information Mr. GRAHAM) submitted an amendment ‘‘12301(d)’’. on, and a justification for, the change in the intended to be proposed to amendment (3) EFFECTIVE DATE.—The amendments designation or assessment’’. made by this subsection shall take effect on SA 1463 proposed by Mr. MCCAIN to the On page 512, between lines 6 and 7, insert the date of the enactment of this Act, and bill H.R. 1735, to authorize appropria- the following: shall apply to members of the Selected Re- tions for fiscal year 2016 for military (c) FORM.—The report under subsection (a) serve ordered to active duty pursuant to sec- activities of the Department of De- shall be submitted in unclassified form, but tion 12304b of title 10, United States Code, on fense, for military construction, and may include a classified annex. or after that date. for defense activities of the Depart- SA 1933. Mr. WARNER submitted an (d) CONFORMING AMENDMENTS.— ment of Energy, to prescribe military Setion12304b of such title is further amend- amendment intended to be proposed to ed— personnel strengths for such fiscal amendment SA 1463 proposed by Mr. (1) in subsections (d) and (e), by inserting year, and for other purposes; which was MCCAIN to the bill H.R. 1735, to author- ‘‘or member’’ after ‘‘any unit’’; and ordered to lie on the table; as follows: ize appropriations for fiscal year 2016 (2) in subsection (h), as redesignated by On page 530, line 11, insert ‘‘, since Novem- for military activities of the Depart- subsection (c)(1) of this section, by inserting ber 1, 2013,’’ before ‘‘have been transferred’’. ment of Defense, for military construc- ‘‘or members’’ after ‘‘which units’’. (e) HEADING AND CLERICAL AMENDMENTS.— SA 1931. Mr. LEAHY submitted an tion, and for defense activities of the (1) HEADING AMENDMENT.—The heading of amendment intended to be proposed to Department of Energy, to prescribe such section is amended to read as follows: amendment SA 1463 proposed by Mr. military personnel strengths for such ‘‘§ 12304b. Selected Reserve: order to active MCCAIN to the bill H.R. 1735, to author- fiscal year, and for other purposes; duty for preplanned missions in support of ize appropriations for fiscal year 2016 which was ordered to lie on the table; the combatant commands and the military for military activities of the Depart- as follows: departments’’. ment of Defense, for military construc- At the end of subtitle C of title VII, add (2) TABLE OF SECTIONS.—The table of section, and for defense activities of the the following: tions at the beginning of chapter 1209 of such Department of Energy, to prescribe SEC. 738. REPORT ON CREDENTIALING OF PHYSI- title is amended by striking the item relat- CIANS SERVING ON ACTIVE DUTY IN ing to section 12304b and inserting the fol- military personnel strengths for such THE ARMED FORCES. lowing new item: fiscal year, and for other purposes; Not later than 180 days after the date of ‘‘12304b. Selected Reserve: order to active which was ordered to lie on the table; the enactment of this Act, the Secretary of duty for preplanned missions in as follows: Defense, in consultation with the Secretary support of the combatant com- At the end of subtitle F of title X, add the of Veterans Affairs, shall submit to Congress mands and the military depart- following: a report on— ments.’’. SEC. 1065. ANNUAL REPORTS OF THE CHIEF OF (1) the full credentialing process for a (f) EXCLUSION FROM DISCRETIONARY SPEND- THE NATIONAL GUARD BUREAU ON member of the Armed Forces on active duty ING LIMITS.—The Office of Management and THE ABILITY OF THE NATIONAL serving as a physician, including any uni- Budget shall not include amounts appro- GUARD TO MEETS ITS MISSIONS. form standards used throughout the Depart- priated for manpower costs or associated Section 10504(a) of title 10, United States ment of Defense for such process; and costs of performing duty under the amend- Code, is amended— (2) the feasibility and advisability of the ments to section 12304b of title 10, United (1) by inserting ‘‘(1)’’ before ‘‘The Chief of Department of Veterans Affairs recognizing States Code, made by this section in deter- the National Guard Bureau’’; a credential issued under such process in mining whether there has been a breach of (2) in paragraph (1), as so designated, by order to facilitate the transition of such the discretionary spending limits under the striking ‘‘, through the Secretaries of the member to employment in the Department Balanced Budget and Emergency Deficit Army and the Air Force,’’; of Veterans Affairs upon the retirement, sep- Control Act of 1985 (2 U.S.C. 900 et seq.) dur- (3) by striking the second sentence; and aration, or release of such member from the ing any fiscal year. (4) by adding at the end the following new Armed Forces. paragraphs: SA 1928. Mr. CASSIDY submitted an ‘‘(2) Each report shall include the fol- SA 1934. Mr. WARNER submitted an amendment intended to be proposed to lowing: amendment intended to be proposed to amendment SA 1463 proposed by Mr. ‘‘(A) An assessment, prepared in conjunc- amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, to author- tion with the Secretaries of the Army and MCCAIN to the bill H.R. 1735, to authorize appropriations for fiscal year 2016 the Air Force, of the ability of the National ize appropriations for fiscal year 2016 Guard to carry out its Federal missions. for military activities of the Depart- ‘‘(B) An assessment, prepared in conjunc- for military activities of the Depart- ment of Defense, for military construction with the chief executive officers of the ment of Defense, for military construction, and for defense activities of the States and territories, of the ability of the tion, and for defense activities of the Department of Energy, to prescribe National Guard to carry out emergency sup- Department of Energy, to prescribe

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3959 military personnel strengths for such (2) OFFSET.—The aggregate amount au- (1) the President notifies Congress not fiscal year, and for other purposes; thorized to be appropriated for fiscal year later than 90 days prior to the proposed which was ordered to lie on the table; 2016 by this division, other than the amount modification of such lease; and as follows: authorized to be appropriated by section 421, (2) after such notification, Congress enacts is hereby reduced by the amount necessary a law authorizing a modification of such At the end of subtitle C of title VII, add to provide an increase in military basic pay lease. the following: under subsection (b) by 2.3 percent rather (b) RETENTION.—The United States may SEC. 738. REPORT ON SHARING OF PHYSICIAN than 1.3 percent, with the amount of the re- not abandon any portion of the land or water WORKFORCE AMONG DEPARTMENT duction to be achieved by terminating fund- that contains the United States Naval Sta- OF DEFENSE AND DEPARTMENT OF ing for projects determined to be low-pri- tion, Guantanamo Bay, Cuba, unless— VETERANS AFFAIRS. ority projects by the Joint Chiefs of Staff. (1) the President notifies Congress not less (a) IN GENERAL.—Not later than 180 days than 90 days prior to the proposed abandon- after the date of the enactment of this Act, SA 1936. Mr. MCCONNELL (for Mr. ment of such land or water; and the Secretary of Defense and the Secretary (2) after such notification, Congress enacts RUBIO) submitted an amendment in- of Veterans Affairs shall jointly submit to a law authorizing such abandonment. Congress a report on the use and efficacy of tended to be proposed to amendment (c) NO NEW GRANT OF AUTHORITY.—This memoranda of understanding entered into SA 1463 proposed by Mr. MCCAIN to the section may not be construed to grant the between the Department of Defense and the bill H.R. 1735, to authorize appropria- President any authority not already pro- Department of Veterans Affairs that allow tions for fiscal year 2016 for military vided by the Cuban Liberty and Democratic for the sharing of physicians between each activities of the Department of De- Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. such Department. 6021 et seq.). (b) ELEMENTS.—The report required by sub- fense, for military construction, and for defense activities of the Depart- section (a) shall include the following: SA 1937. Ms. AYOTTE (for herself and ment of Energy, to prescribe military (1) Information on— Mrs. GILLIBRAND) submitted an amend- (A) the location of each physician shared personnel strengths for such fiscal ment intended to be proposed to by the Department of Defense and the De- year, and for other purposes; which was amendment SA 1463 proposed by Mr. partment of Veterans Affairs, including the ordered to lie on the table; as follows: name of the facility or facilities at which the MCCAIN to the bill H.R. 1735, to author- physician works; At the end of subtitle D of title X, add the ize appropriations for fiscal year 2016 (B) the specialty, if any, of each physician following: for military activities of the Depart- described in subparagraph (A); and SEC. 1040. LIMITATION OF THE TRANSFER OF ment of Defense, for military construc- (C) the purpose, if any, stated by the De- UNITED STATES NAVAL STATION, tion, and for defense activities of the partment of Defense and the Department of GUANTANAMO BAY, CUBA, TO THE GOVERNMENT OF CUBA. Department of Energy, to prescribe Veterans Affairs for sharing each physician military personnel strengths for such described in subparagraph (A). (a) IN GENERAL.—No portion of the land or (2) The total number of physicians shared water listed by Article I of the United fiscal year, and for other purposes; by the Department of Defense and the De- States-Cuba Agreements and Treaty of 1934 which was ordered to lie on the table; partment of Veterans Affairs, disaggregated shall be transferred to the Government of as follows: by Department. Cuba, unless— On page 210, strike lines 9 through 12 and (3) A description of the administrative ac- (1) a democratically-elected Government of insert the following: tions required to be taken by the Secretary Cuba and the United States Government mu- (a) MODIFICATION OF PERCENTAGE USABLE.— of Defense and the Secretary of Veterans Af- tually agree to new lease terms for such land Section 403(b)(3)(B) of title 37, United States fairs to ensure the sharing of scheduling or water; Code, is amended by striking ‘‘may not ex- records and medical records between the De- (2) the elections of the Government of Cuba ceed one percent.’’ and inserting ‘‘may not partment of Defense and the Department of were— exceed the following: Veterans Affairs for physicians shared be- (A) free and fair; ‘‘(i) In the case of members in pay grades tween each such Department. (B) conducted under internationally recog- E–5 and above, five percent. (4) The impact of sharing physicians on nized observers; and ‘‘(ii) In the case of members in pay grades wait times and patient loads at each medical (C) carried out so that opposition parties E–1 through E–4— facility of the Department of Defense and had ample time to organize and campaign ‘‘(I) one percent; or the Department of Veterans Affairs. using full access media available to every ‘‘(II) if the Secretary determines that one (5) An assessment of the policies of the De- candidate; percent would result in a monthly amount of partment of Defense and the Department of (3) the Government of Cuba has committed basic allowance for housing for such area for Veterans Affairs that hinder the sharing of itself to constitutional change that would such members that is greater than the physicians between each such Department. ensure regular free and fair elections; monthly amount of basic allowance for hous- (6) An identification of any excess capacity (4) the Government of Cuba has made a ing for such area for members in pay grade among physicians of the Department of De- public commitment to respect, and is re- E–5, the lesser of— fense or the Department of Veterans Affairs. specting, internationally recognized human ‘‘(aa) five percent; or rights and basic democratic freedoms; ‘‘(bb) a percent (determined by the Sec- SA 1935. Mr. MCCONNELL (for Mr. (5) the President certifies to Congress that retary) such that the monthly amount of Cuba is no longer a state sponsor of ter- RUBIO) submitted an amendment in- basic allowance for housing for such area for rorism and no longer harbors members of tended to be proposed to amendment members in pay grades E–1 through E–4 is recognized foreign terrorist organizations; equal to the monthly amount of basic allow- SA 1463 proposed by Mr. MCCAIN to the and ance for housing for such area for members bill H.R. 1735, to authorize appropria- (6) the Secretary of Defense certifies that in pay grade E–5 minus $1’’. tions for fiscal year 2016 for military the United States Naval Station, Guanta- (b) FUNDING.—The amount authorized to be activities of the Department of De- namo Bay, Cuba, is not advantageous to appropriated for fiscal year 2016 by section fense, for military construction, and United States national security or to the op- 421 for military personnel is hereby increased for defense activities of the Depart- eration of the Navy and the Coast Guard in by $75,000,000. ment of Energy, to prescribe military the Caribbean Sea. (c) OFFSET.—The aggregate amount au- personnel strengths for such fiscal (b) CONTINUATION OF CURRENT LEASE.—It thorized to be appropriated for fiscal year shall be the policy of the United States to 2016 by division A is hereby reduced by year, and for other purposes; which was continue to lease the land or waterways that $75,000,000, with the amount of the reduction ordered to lie on the table; as follows: encompass the United States Naval Station, to be achieved through anticipated foreign On page 209, line 19, strike ‘‘1.3 percent’’ Guantanamo Bay, Cuba, unless the criteria currency gains in addition to any other an- and insert ‘‘2.3 percent’’. set out in paragraphs (1) through (6) of sub- ticipated foreign currency gains specified in On page 210, between lines 4 and 5, insert section (a) are met. the funding tables in division D. the following: SEC. 1040A. LIMITATION ON MODIFICATION OR (d) FUNDING.— ABANDONMENT OF LEASED LAND SA 1938. Mr. MORAN submitted an (1) INCREASE IN AMOUNT FOR MILITARY PER- AND WATER CONTAINING UNITED amendment intended to be proposed to SONNEL.—The amount authorized to be ap- STATES NAVAL STATION, GUANTA- amendment SA 1463 proposed by Mr. NAMO BAY, CUBA. propriated for fiscal year 2016 by section 421 MCCAIN to the bill H.R. 1735, to author- is hereby increased by the amount necessary (a) LIMITATION.—The United States may ize appropriations for fiscal year 2016 to provide an increase in military basic pay not modify the 45 square mile lease of land under subsection (b) by 2.3 percent rather or waterways that encompass the United for military activities of the Depart- than 1.3 percent, with the amount to be States Naval Station, Guantanamo Bay, ment of Defense, for military construc- available for military personnel to provide Cuba, in effect on the date of the enactment tion, and for defense activities of the such increase. of this Act, unless— Department of Energy, to prescribe

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3960 CONGRESSIONAL RECORD — SENATE June 9, 2015 military personnel strengths for such the Department of Defense for the transpor- Air Force as reimbursement under paragraph fiscal year, and for other purposes; tation of passengers; (1) shall be credited, at the option of the Sec- which was ordered to lie on the table; ‘‘(B) in the case of travel on any military retary, to the appropriation, fund, or ac- as follows: or contract aircraft traveling from outside count from which the expenses were paid, or the continental United States (OCONUS) to to an appropriate appropriation, fund, or ac- At the end of subtitle E of title VIII, add the continental United States (CONUS), eli- count currently available to the Secretary the following: gibility shall cease at the first point of entry for the purposes for which the expenses were SEC. 884. REPORT ON ARMY ACQUISITION STRAT- to the continental United States; and paid. Amounts so credited shall be merged EGY FOR THE TACTICAL NETWORK ‘‘(C) in the case of travel on any military with funds in such appropriation, fund, or ac- MODERNIZATION AND TRANSPORT- count and shall be available for the same ABLE TACTICAL COMMAND COMMU- or contract aircraft traveling from the conti- NICATIONS TERRESTRIAL TRANS- nental United States to outside the conti- purposes and subject to the same limitations MISSION SYSTEM. nental United States, eligibility shall cease as the funds with which merged. (a) IN GENERAL.—Not later than 60 days at the first point of entry outside the conti- (B) SECRETARY OF THE INTERIOR.—Amounts after the date of the enactment of this Act, nental United States.’’. received by the Secretary of the Interior as the Secretary of the Army shall submit to reimbursement under paragraph (1) shall be the Committee on Armed Services of the SA 1940. Ms. MURKOWSKI submitted credited, at the option of the Secretary, to Senate and the Committee on Armed Serv- an amendment intended to be proposed the appropriation, fund, or account from ices of the House of Representatives a report to amendment SA 1463 proposed by Mr. which the expenses were paid, or to an appro- on the Army’s acquisition strategy for the MCCAIN to the bill H.R. 1735, to author- priate appropriation, fund, or account cur- Tactical Network Modernization and Trans- ize appropriations for fiscal year 2016 rently available to the Secretary for the purposes for which the expenses were paid. portable Tactical Command Communica- for military activities of the Depart- tions Terrestrial Transmission System. Amounts so credited shall be merged with ment of Defense, for military construc- funds in such appropriation, fund, or account (b) ELEMENTS.—The report required under tion, and for defense activities of the subsection (a) shall include the following ele- and shall be available for the same purposes ments: Department of Energy, to prescribe and subject to the same limitations as the (1) An explanation of the rationale for de- military personnel strengths for such funds with which merged. laying the TriLOS radio modernization until fiscal year, and for other purposes; (e) CONVEYANCE AGREEMENT.—The convey- the fiscal year 2018-2020 period. which was ordered to lie on the table; ance of public land under this section shall (2) An estimate of the total costs associ- as follows: be accomplished using a quit claim deed or other legal instrument and upon terms and ated with delaying the modernization with At the end of subtitle C of title XXVIII, regard to costs associated with additional conditions mutually satisfactory to the Sec- add the following: retary of the Air Force, after consulting prototyping and Initial Operational Test and SEC. 2822. LAND CONVEYANCE, CAMPION AIR with the Secretary of the Interior, and the Evaluation (IOT&E). FORCE RADAR STATION, GALENA, Town, including such additional terms and (3) An assessment of the GRC-245C imme- ALASKA. conditions as the Secretary of the Air Force, diate utilization potential to meet the pro- (a) CONVEYANCE AUTHORIZED.—The Sec- after consulting with the Secretary of the retary of the Air Force may convey, without gram objectives required by Expeditionary Interior, considers appropriate to protect the consideration, to the Town of Galena, Alaska Signal Battalions (ESBs) and Army units to interests of the United States. meet the TriLOS radio modernization as de- (in this section referred to as the ‘‘Town’’), fined in the requirements for a Terrestrial all right, title, and interest of the United SA 1941. Mr. BLUNT submitted an Transmission System outlined in the oper- States in and to real property, including im- amendment intended to be proposed to provements thereon, at the former Campion ational requirements of the G-3/5/7 Directed amendment SA 1463 proposed by Mr. Requirement and Transmission Capabilities Air Force Station, Alaska, as further de- Production Document (CPD). scribed in subsection (b), for the purpose of MCCAIN to the bill H.R. 1735, to author- permitting the Town to use the conveyed ize appropriations for fiscal year 2016 SA 1939. Ms. MURKOWSKI submitted property for public purposes. for military activities of the Depart- an amendment intended to be proposed (b) DESCRIPTION OF PROPERTY.—The real ment of Defense, for military construc- to amendment SA 1463 proposed by Mr. property to be conveyed under subsection (a) tion, and for defense activities of the consists of approximately 1290 acres of the MCCAIN to the bill H.R. 1735, to author- Department of Energy, to prescribe approximately 1613 acres of land withdrawn military personnel strengths for such ize appropriations for fiscal year 2016 under Public Land Order 843 for use by the for military activities of the Depart- Secretary of the Air Force as the former fiscal year, and for other purposes; ment of Defense, for military construc- Campion Air Force Station. The portions of which was ordered to lie on the table; tion, and for defense activities of the the former Air Force Station that are not as follows: Department of Energy, to prescribe authorized to be conveyed under subsection At the end of subtitle C of title VII, add military personnel strengths for such (a) are those portions that are subject to en- the following: vironmental land use restrictions or are cur- SEC. 738. REPORT ON IMPLEMENTATION OF AN- fiscal year, and for other purposes; rently undergoing environmental remedi- NUAL MENTAL HEALTH SCREENINGS which was ordered to lie on the table; ation by the Secretary of the Air Force. FOR MEMBERS OF THE ARMED as follows: (c) CONSULTATION.—The Secretary of the FORCES. At the end of subtitle C of title VI, add the Air Force shall consult with the Secretary of (a) SENSE OF CONGRESS.—It is the sense of following: the Interior on the exact acreage and legal Congress that— (1) the annual mental health assessment SEC. 622. TRAVEL ON DEPARTMENT OF DEFENSE description of the real property to be con- AIRCRAFT ON A SPACE-AVAILABLE veyed under subsection (a) and conditions to for members of the Armed Forces provided BASIS FOR MEMBERS OF THE NA- be included in the conveyance that are nec- under section 1074n of title 10, United States TIONAL GUARD AND THE RESERVES. essary to protect human health and the envi- Code, may be improved by providing mem- (a) ELIGIBILITY.—Subsection (c) of section ronment. bers undergoing such an assessment with a 2641b of title 10, United States Code, is (d) PAYMENT OF COSTS OF CONVEYANCE.— record of events, including non-combat re- amended— (1) PAYMENT REQUIRED.—The Secretary of lated events, to substantiate latent mental (1) by redesignating paragraph (5) as para- the Air Force shall require the Town to health issues that appear months or years graph (6); and cover all costs (except costs for environ- after the causal incident; (2) by inserting after paragraph (4) the fol- mental remediation of the property) to be in- (2) some members may not know how to re- lowing new paragraph (5): curred by the Secretary of the Air Force and quest help with mental health concerns in ‘‘(5) Members of the reserve components by the Secretary of the Interior, or to reim- connection with such assessment and not all not otherwise eligible for travel under the burse the appropriate Secretary for such health care providers fully discuss mental program pursuant to this subsection.’’. costs incurred by the Secretary, to carry out health concerns during such assessment; (b) CONDITIONS.—Subsection (d) of such sec- the conveyance under this section, including (3) the majority of mild traumatic brain tion is amended— survey costs, costs for environmental docu- injury inducing incidents are not diagnosed (1) in paragraph (2), by striking ‘‘and’’ at mentation, and any other administrative during combat deployment, so when symp- the end; costs related to the conveyance. If amounts toms do appear, there may be no mechanism (2) in paragraph (3), by striking the period are collected in advance of the Secretary infor health care providers to link the injury at the end and inserting ‘‘; and’’; and curring the actual costs, and the amount col- back to the causal incident; (3) by adding at the end the following new lected exceeds the costs actually incurred by (4) the provision of such assessment may paragraph: the Secretary to carry out the conveyance, not recognize incidents described in para- ‘‘(4) in the case of members eligible for the appropriate Secretary shall refund the graph (3) unless the member provides infor- travel under the program pursuant to sub- excess amount to the Town. mation regarding those incidents to a health section (c)(5)— (2) TREATMENT OF AMOUNTS RECEIVED.— care provider; ‘‘(A) travel under the program shall be (A) SECRETARY OF THE AIR FORCE.— (5) when latent mental health symptoms available on all contract flights operated by Amounts received by the Secretary of the appear after a member is discharged, the

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3961 member may not be eligible to receive treat- SEC. ll. ASSESSMENT OF THE ABILITY OF IN- (E) to develop a defense security enterprise ment from the Department of Veterans Af- DUSTRIAL BASE TO MANUFACTURE reform investment strategy to ensure a con- fairs without a record of causal justification; ANCHOR AND MOORING CHAIN. sistent, long-term focus on funding to (6) the Secretary of Defense has an obliga- (a) ASSESSMENT.—The Secretary of Defense strengthen all of the Department’s security tion to identify as quickly and efficiently as shall conduct an assessment of the ability of and insider threat programs, policies, func- possible without disrupting military readi- the industrial base to manufacture and sup- tions, and information technology capabili- ness the mental health concerns that persist port anchor and mooring chain for the De- ties, including detecting threat behaviors among members of the Armed Forces unbe- partment of Defense. conveyed in the cyber domain, in a manner knownst to those members and the health (b) SCOPE.—In conducting the assessment that keeps pace with evolving threats and care providers of those members; and required under subsection (a), the Secretary risks; (7) the Department of Defense and the De- shall examine the potential cost, schedule, (F) to resource and expedite deployment of fense Health Agency are currently devel- and performance impacts if procurement of the Identity Management Enterprise Serv- oping a standardized periodic health assess- the anchor and mooring chain described in ices Architecture (IMESA); and ment tool that incorporates a screening for such subsection were limited to manufactur- (G) to implement the recommendations depression, post-traumatic stress, substance ers in the National Technology and Indus- contained in the study conducted by the Di- use, and risk for suicide through a person-to- trial Base. rector of Cost Analysis and Program Evalua- person dialogue using the same question set (c) DETERMINATION REQUIRED.—Upon com- tion required by section 907 of the National used for mental health assessments provided pletion of the assessment required under sub- Defense Authorization Act for Fiscal Year to members of the Armed Forces undergoing section (a), the Secretary shall make a de- 2014 (Public Law 113–66; 10 U.S.C. 1564 note), deployment. termination whether manufacturers of the including, specifically, the recommendations anchor and mooring chain described in such (b) REPORT.—Not later than one year after to centrally manage and regulate Depart- subsection should be included in the Na- the date of the enactment of this Act, the ment of Defense requests for personnel secu- tional Technology and Industrial Base. Secretary of Defense shall submit to Con- rity background investigations. (d) REPORT.—Not later than February 15, gress a report on the implementation of (2) REPORTING REQUIREMENT.—Not later 2016, the Secretary of Defense shall submit mental health assessments provided to mem- than 180 days after the date of the enactment to the congressional defense committees a bers of the Armed Forces under section 1074n of this Act, the Secretary of Defense shall report including the results of the assess- of title 10, United States Code, that includes submit to the appropriate committees of ment required under subsection (a) and the a description of— Congress a report describing the plans and determination required under subsection (c). (1) the reliability of such assessments; schedules required under paragraph (1). (b) PHYSICAL AND LOGICAL ACCESS.—Not (2) any significant changes in mental SA 1944. Mr. TESTER submitted an health concerns among members of the later than 270 days after the date of the en- Armed Forces as a result of such assess- amendment intended to be proposed to actment of this Act— ments; amendment SA 1463 proposed by Mr. (1) the Secretary of Defense shall define (3) any areas in which the provision of such MCCAIN to the bill H.R. 1735, to author- physical and logical access standards, capa- assessments to members of the Armed ize appropriations for fiscal year 2016 bilities, and processes applicable to all per- Forces needs to improve; and for military activities of the Depart- sonnel with access to Department of Defense (4) such additional information as the Sec- ment of Defense, for military construc- installations and information technology retary considers necessary relating to mention, and for defense activities of the systems, including— tal health screening and treatment of mem- Department of Energy, to prescribe (A) periodic or regularized background or bers of the Armed Forces. records checks appropriate to the type of military personnel strengths for such physical or logical access involved, the secu- fiscal year, and for other purposes; SA 1942. Mr. BOOZMAN submitted an rity level, the category of individuals au- which was ordered to lie on the table; thorized, and the level of access to be grant- amendment intended to be proposed to as follows: ed; amendment SA 1463 proposed by Mr. At the end of subtitle G of title X, add the (B) standards and methods for verifying MCCAIN to the bill H.R. 1735, to author- following: the identity of individuals seeking access; ize appropriations for fiscal year 2016 and SEC. 1085. REFORM AND IMPROVEMENT OF PER- for military activities of the Depart- SONNEL SECURITY, INSIDER (C) electronic attribute-based access con- ment of Defense, for military construc- THREAT DETECTION AND PREVEN- trols that are appropriate for the type of action, and for defense activities of the TION, AND PHYSICAL SECURITY. cess and facility or information technology Department of Energy, to prescribe (a) PERSONNEL SECURITY AND INSIDER system involved; (2) the Director of the Office of Manage- military personnel strengths for such THREAT PROTECTION IN DEPARTMENT OF DE- FENSE.— ment and Budget and the Chair of the Per- fiscal year, and for other purposes; (1) PLANS AND SCHEDULES.—Consistent with formance Accountability Council, in coordi- which was ordered to lie on the table; the Memorandum of the Secretary of Defense nation with the Secretary of Defense, the Di- as follows: dated March 18, 2014, regarding the rec- rector of the Office of Personnel Manage- At the appropriate place, insert the fol- ommendations of the reviews of the Wash- ment, and the Administrator of General lowing: ington Navy Yard shooting, the Secretary of Services, and in consultation with represent- Defense shall develop plans and schedules— atives from organizations representing Fed- SEC. ll. RETURN OF HUMAN REMAINS BY THE (A) to implement a continuous evaluation eral and contractor employees who each NATIONAL MUSEUM OF HEALTH AND capability for the national security popu- have access to more than 1 secured facility, MEDICINE. lation for which clearance adjudications are shall design a capability to share and apply The National Museum of Health and Medi- conducted by the Department of Defense electronic identity information across the cine shall facilitate the relocation of the Central Adjudication Facility, in coordina- Government to enable real-time, risk-man- human cranium that is in the possession of tion with the Director of the Office of Per- aged physical and logical access decisions; the National Museum of Health and Medicine sonnel Management, the Director of Na- and and that is associated with the Mountain tional Intelligence, and the Director of the (3) the Director of the Office of Manage- Meadows Massacre of 1857 for interment at Office of Management and Budget; ment and Budget, in conjunction with the the Mountain Meadows grave site. (B) to produce a Department-wide insider Director of the Office of Personnel Manage- threat strategy and implementation plan, ment and in consultation with representa- SA 1943. Mrs. MURRAY submitted an which includes— tives from organizations representing Fed- amendment intended to be proposed to (i) resourcing for the Defense Insider eral and contractor employees who each amendment SA 1463 proposed by Mr. Threat Management and Analysis Center have access to more than 1 secured facility, (DITMAC) and component insider threat pro- shall establish investigative and adjudica- MCCAIN to the bill H.R. 1735, to author- grams, and tive standards for the periodic or regularized ize appropriations for fiscal year 2016 (ii) alignment of insider threat protection reevaluation of the eligibility of an indi- for military activities of the Depart- programs with continuous evaluation capa- vidual to retain credentials issued pursuant ment of Defense, for military construc- bilities and processes for personnel security; to Homeland Security Presidential Directive tion, and for defense activities of the (C) to centralize the authority, account- 12 (dated August 27, 2004), as appropriate, but Department of Energy, to prescribe ability, and programmatic integration re- not less frequently than the authorization military personnel strengths for such sponsibilities, including fiscal control, for period of the issued credentials. fiscal year, and for other purposes; personnel security and insider threat protec- (c) SECURITY ENTERPRISE MANAGEMENT.— which was ordered to lie on the table; tion under the Under Secretary of Defense Not later than 180 days after the date of en- for Intelligence; actment of this Act, the Director of the Of- as follows: (D) to align the Department’s consolidated fice of Management and Budget shall— At the appropriate place, insert the fol- Central Adjudication Facility under the (1) formalize the Security, Suitability, and lowing: Under Secretary of Defense for Intelligence; Credentialing Line of Business;

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(2) submit a report to the appropriate con- spectively, and adjusting the margins ac- (6) SEALED OR EXPUNGED RECORDS; JUVENILE gressional committee that describes plans— cordingly; RECORDS.— (A) for oversight by the Office of Manage- (B) in the matter preceding clause (i), as (A) IN GENERAL.—Section 9101(a)(2) of title ment and Budget of activities of the execu- redesignated— 5, United States Code, is amended— tive branch of the Government for personnel (i) by striking ‘‘the head of’’; (i) in the first sentence, by inserting before security, suitability, and credentialing; (ii) by inserting ‘‘all’’ before ‘‘criminal his- the period the following: ‘‘, and includes any (B) to designate enterprise shared services tory record information’’; and analogous juvenile records’’; and to optimize investments; (iii) by striking ‘‘for the purpose of deter- (ii) by striking the third sentence and in- (C) to define and implement data standards mining eligibility for any of the following:’’ serting the following: ‘‘The term includes to support common electronic access to crit- and inserting ‘‘, in accordance with Federal those records of a State or locality sealed ical Government records; and Investigative Standards jointly promulgated pursuant to law if such records are accessible (D) to reduce the burden placed on Govern- by the Suitability Executive Agent and Se- by State and local criminal justice agencies ment data providers by centralizing requests curity Executive Agent, for the purpose of— for the purpose of conducting background for records access and ensuring proper shar- ‘‘(A) determining eligibility for—’’; checks.’’. ing of the data with appropriate investiga- (C) in clause (i), as redesignated— (B) SENSE OF CONGRESS.—It is the sense of tive and adjudicative elements. (i) by striking ‘‘Access’’ and inserting ‘‘ac- Congress that the Federal Government (d) RECIPROCITY MANAGEMENT.—Not later cess’’; and should not uniformly reject applicants for than 2 years after the date of enactment of (ii) by striking the period and inserting a employment with the Federal Government this Act, the Director of the Office of Per- semicolon; or Federal contractors based on— sonnel Management, in consultation with (D) in clause (ii), as redesignated— (i) sealed or expunged criminal records; or the Director of the Office of Management (i) by striking ‘‘Assignment’’ and inserting (ii) juvenile records. and Budget, the Director of National Intel- ‘‘assignment’’; and (7) INTERACTION WITH LAW ENFORCEMENT ligence, and the Secretary of Defense, shall (ii) by striking the period and inserting ‘‘or AND INTELLIGENCE AGENCIES ABROAD.—Sec- enhance the Central Verification System positions;’’; tion 9101 of title 5, United States Code, is to— (E) in clause (iii), as redesignated— amended by adding at the end the following: (1) serve as the reciprocity management (i) by striking ‘‘Acceptance’’ and inserting ‘‘(g) Upon request by a covered agency and system for the Government; and ‘‘acceptance’’; and in accordance with the applicable provisions (2) ensure that the Central Verification (ii) by striking the period and inserting ‘‘; of this section, the Deputy Assistant Sec- System is aligned with continuous evalua- or’’; retary of State for Overseas Citizens Serv- tion and other enterprise reform initiatives. (F) in clause (iv), as redesignated— ices shall make available criminal history (e) REPORTING REQUIREMENTS IMPLEMENTA- (i) by striking ‘‘Appointment’’ and insert- record information collected by the Deputy TION.—Not later than 180 days after the date ing ‘‘appointment’’; Assistant Secretary with respect to an indi- of enactment of this Act, the Director of Na- (ii) by striking ‘‘or a critical or sensitive vidual who is under investigation by the cov- tional Intelligence, the Director of the Office position’’; and ered agency regarding any interaction of the of Management and Budget, the Director of (iii) by striking the period and inserting ‘‘; individual with a law enforcement agency or the Office of Personnel Management, and the or’’; and intelligence agency of a foreign country.’’. Secretary of Defense shall jointly develop a (G) by adding at the end the following: (8) CLARIFICATION OF SECURITY REQUIRE- plan to— ‘‘(B) conducting a basic suitability or fit- MENTS FOR CONTRACTORS CONDUCTING BACK- (1) implement the Security Executive ness assessment for Federal or contractor GROUND INVESTIGATIONS.—Section 9101 of Agent Directive on common, standardized employees, using Federal Investigative title 5, United States Code, as amended by employee and contractor security reporting Standards jointly promulgated by the Secu- this subsection, is amended by adding at the requirements; rity Executive Agent and the Suitability Ex- end the following: (2) establish and implement uniform re- ecutive Agent in accordance with— ‘‘(h) If a contractor described in subsection porting requirements for employees and Fed- ‘‘(i) Executive Order 13467 (73 Fed. Reg. (a)(6)(J) uses an automated information de- eral contractors, according to risk, relative 38103), or any successor thereto; and livery system to request criminal history to the safety of the workforce and protection ‘‘(ii) the Office of Management and Budget record information, the contractor shall of the most sensitive information of the Gov- Memorandum ‘Assignment of Functions Re- comply with any necessary security require- ernment; and lating to Coverage of Contractor Employee ments for access to that system.’’. (3) ensure that reported information is Fitness in the Federal Investigative Stand- (9) CLARIFICATION REGARDING ADVERSE AC- shared appropriately. ards’, dated December 6, 2012; TIONS.—Section 7512 of title 5, United States (f) ACCESS TO CRIMINAL HISTORY RECORDS ‘‘(C) credentialing under the Homeland Se- Code, is amended— FOR NATIONAL SECURITY AND OTHER PUR- curity Presidential Directive 12 (dated Au- (A) in subparagraph (D), by striking ‘‘or’’; POSES.— gust 27, 2004); and (B) in subparagraph (E), by striking the pe- (1) DEFINITION.—Section 9101(a) of title 5, ‘‘(D) Federal Aviation Administration riod and inserting ‘‘, or’’; and United States Code, is amended by adding at checks required under— (C) by adding at the end the following: the end the following: ‘‘(i) the Federal Aviation Administration ‘‘(F) a suitability action taken by the Of- ‘‘(7) The terms ‘Security Executive Agent’ Drug Enforcement Assistance Act of 1988 fice under regulations prescribed by the Of- and ‘Suitability Executive Agent’ mean the (subtitle E of title VII of Public Law 100–690; fice, subject to the rules prescribed by the Security Executive Agent and the Suit- 102 Stat. 4424) and the amendments made by President under this title for the administra- ability Executive Agent, respectively, estab- that Act; or tion of the competitive service.’’. lished under Executive Order 13467 (73 Fed. ‘‘(ii) section 44710 of title 49.’’. (10) ANNUAL REPORT BY SUITABILITY AND SE- Reg. 38103), or any successor thereto.’’. (4) BIOMETRIC AND BIOGRAPHIC SEARCHES.— CURITY CLEARANCE PERFORMANCE ACCOUNT- (2) COVERED AGENCIES.—Section 9101(a)(6) Section 9101(b)(2) of title 5, United States ABILITY COUNCIL.—Section 9101 of title 5, of title 5, United States Code, is amended by Code, is amended to read as follows: United States Code, as amended by this sub- adding at the end the following: ‘‘(2)(A) A State central criminal history section, is amended by adding at the end the ‘‘(G) The Department of Homeland Secu- record depository shall allow a covered agen- following: rity. cy to conduct both biometric and biographic ‘‘(i) The Suitability and Security Clear- searches of criminal history record informa- ‘‘(H) The Office of the Director of National ance Performance Accountability Council es- tion. Intelligence. ‘‘(B) Nothing in subparagraph (A) shall be tablished under Executive Order 13467 (73 ‘‘(I) An Executive agency that— construed to prohibit the Federal Bureau of Fed. Reg. 38103), or any successor thereto, ‘‘(i) is authorized to conduct background Investigation from requiring a request for shall submit to the Committee on Armed investigations under a Federal statute; or criminal history record information to be ac- Services, the Committee on Homeland Secu- ‘‘(ii) is delegated authority to conduct companied by the fingerprints of the indi- rity and Governmental Affairs, the Com- background investigations in accordance vidual who is the subject of the request.’’. mittee on Appropriations, and the Select with procedures established by the Security (5) USE OF MOST COST-EFFECTIVE SYSTEM.— Committee on Intelligence of the Senate, Executive Agent or the Suitability Execu- Section 9101(e) of title 5, United States Code, and the Committee on Armed Services, the tive Agent under subsection (b) or (c)(iv) of is amended by adding at the end the fol- Committee on Oversight and Government section 2.3 of Executive Order 13467 (73 Fed. lowing: Reform, the Committee on Appropriations, Reg. 38103), or any successor thereto. ‘‘(6) If a criminal justice agency is able to and the Permanent Select Committee on In- ‘‘(J) A contractor that conducts a back- provide the same information through more telligence of the House of Representatives, ground investigation on behalf of an agency than 1 system described in paragraph (1), a an annual report that— described in subparagraphs (A) through (I).’’. covered agency may request information ‘‘(1) describes efforts of the Council to inte- (3) APPLICABLE PURPOSES OF INVESTIGA- under subsection (b) from the criminal jus- grate Federal, State, and local systems for TIONS.—Section 9101(b)(1) of title 5, United tice agency, and require the criminal justice sharing criminal history record information; States Code, is amended— agency to provide the information, using the ‘‘(2) analyzes the extent and effectiveness (A) by redesignating subparagraphs (A) system that is most cost-effective for the of Federal education programs regarding through (D) as clauses (i) through (iv), re- Federal Government.’’. criminal history record information;

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3963 ‘‘(3) provides an update on the implementa- (B) the Select Committee on Intelligence erations, and integrated architecture docu- tion of best practices for sharing criminal and the Committee on Homeland Security ments. history record information, including ongo- and Governmental Affairs of the Senate; and (B) A summary of analyses and studies ing limitations experienced by investigators (C) the Permanent Select Committee on conducted on LCS modernization. working for or on behalf of a covered agency Intelligence, the Committee on Oversight (C) A concept of operations for LCS mod- with respect to access to State and local and Government Reform, and the Committee ernization ships at the operational level and criminal history record information; and on Homeland Security of the House of Rep- tactical level describing how they integrate ‘‘(4) provides a description of limitations resentatives; and and synchronize with joint and combined on the sharing of information relevant to a (2) the term ‘‘Performance Accountability forces to achieve the Joint Force Com- background investigation, other than crimi- Council’’ means the Suitability and Security mander’s intent. nal history record information, between— Clearance Performance Accountability (D) A description of threat systems of po- ‘‘(A) investigators working for or on behalf Council established under Executive Order tential adversaries that are projected or as- of a covered agency; and 13467 (73 Fed. Reg. 38103), or any successor sessed to reach initial operational capability ‘‘(B) State and local law enforcement agen- thereto. within 15 years against which the lethality cies.’’. and survivability of the LCS should be deter- (11) GAO REPORT ON ENHANCING INTEROPER- SA 1945. Ms. CANTWELL (for herself, mined. ABILITY AND REDUCING REDUNDANCY IN FED- Mr. SULLIVAN, and Mr. BLUMENTHAL) (E) A plan and timeline for LCS moderniza- ERAL CRITICAL INFRASTRUCTURE PROTECTION submitted an amendment intended to tion program execution. ACCESS CONTROL, BACKGROUND CHECK, AND be proposed to amendment SA 1463 pro- (F) A description of system capabilities re- CREDENTIALING STANDARDS.— quired for LCS modernization, including key (A) IN GENERAL.—Not later than 6 months posed by Mr. MCCAIN to the bill H.R. 1735, to authorize appropriations for performance parameters and key system at- after the date of enactment of this Act, the tributes. Comptroller General of the United States fiscal year 2016 for military activities (G) A plan for family of systems or systems shall submit to the congressional defense of the Department of Defense, for mili- of systems synchronization. committees, the Committee on Homeland tary construction, and for defense ac- (H) A plan for information technology and Security of the House of Representatives, tivities of the Department of Energy, national security systems supportability. and the Committee on Homeland Security to prescribe military personnel (I) A plan for intelligence supportability. and Governmental Affairs of the Senate a re- strengths for such fiscal year, and for (J) A plan for electromagnetic environ- port on the background check, access con- mental effects (E3) and spectrum trol, and credentialing requirements of Fed- other purposes; which was ordered to lie on the table; as follows: supportability. eral programs for the protection of critical (K) A description of assets required to infrastructure and key resources. On page 123, strike line 9 and insert the fol- achieve initial operational capability (IOC) (B) CONTENTS.—The Comptroller General lowing: of an LCS modernization increment. shall include in the report required under (7) The Coast Guard Reserve, 7,300. (L) A schedule and initial operational ca- subparagraph (A)— pability and full operational capability defi- (i) a summary of the major characteristics SA 1946. Ms. BALDWIN submitted an nitions. of each such Federal program, including the amendment intended to be proposed to (M) A description of doctrine, organization, types of infrastructure and resources cov- amendment SA 1463 proposed by Mr. training, materiel, leadership, education, ered; MCCAIN to the bill H.R. 1735, to author- personnel, facilities, and policy consider- (ii) a comparison of the requirements, ations. whether mandatory or voluntary in nature, ize appropriations for fiscal year 2016 (N) A description of other system at- for regulated entities under each such pro- for military activities of the Depart- tributes. gram to— ment of Defense, for military construc- (4) A plan for future periodic combat sys- (I) conduct background checks on employ- tion, and for defense activities of the tems upgrades, which are necessary to en- ees, contractors, and other individuals; Department of Energy, to prescribe (II) adjudicate the results of a background sure relevant capability throughout the Lit- military personnel strengths for such toral Combat Ship or Frigate class service check, including the utilization of a stand- fiscal year, and for other purposes; ardized set of disqualifying offenses or the lives, using the process described in para- consideration of minor, non-violent, or juve- which was ordered to lie on the table; graph (3). nile offenses; and as follows: (b) WAIVER.—The Secretary of the Navy (III) establish access control systems to Beginning on page 30, strike line 16 and all may waive the funding limitation under sub- deter unauthorized access, or provide a secu- that follows through page 33, line 13, and in- section (a) upon submission of a determina- rity credential for any level of access to a sert the following: tion to Congress that— covered facility or resource; (a) IN GENERAL.—Of the funds authorized (1) application of the limitation would im- (iii) a review of any efforts that the to be appropriated by this Act or otherwise pede the timely acquisition of LCS 33 or sub- Screening Coordination Office of the Depart- made available for fiscal year 2016 for re- sequent ships in a manner that would under- ment of Homeland Security has undertaken search and development, design, construc- mine the national security of the United or plans to undertake to harmonize or stand- tion, procurement or advanced procurement States; and ardize background check, access control, or of materials for the Littoral Combat Ships (2) application of the limitation would re- credentialing requirements for critical infra- designated as LCS 33 or subsequent, not sult in a gap in production or additional pro- structure and key resource protection pro- more than 75 percent may be obligated or ex- curement costs; grams overseen by the Department; and pended until the Secretary of the Navy sub- (iv) recommendations, developed in con- mits to the Committees on Armed Services (c) RULE OF CONSTRUCTION.—Nothing in sultation with appropriate stakeholders, re- of the Senate and the House of Representa- subsection (b) shall be construed as author- garding— tives each of the following: izing the Secretary of the Navy to not sub- (I) enhancing the interoperability of secu- (1) A Capabilities Based Assessment or mit the information required under para- rity credentials across critical infrastruc- equivalent report to assess capability gaps graphs (1) through (4) of subsection (a). ture and key resource protection programs; and associated capability requirements and (II) eliminating the need for redundant risks for the upgraded Littoral Combat Ship, background checks or credentials across ex- which is proposed to commence with LCS 33. SA 1947. Ms. BALDWIN (for herself isting critical infrastructure and key re- This assessment or equivalent report shall and Mr. WYDEN) submitted an amend- source protection programs; conform with the Joint Capabilities Integra- ment intended to be proposed to (III) harmonizing, where appropriate, the tion and Development System, including amendment SA 1463 proposed by Mr. standards for identifying potentially dis- Chairman of the Joint Chiefs of Staff In- MCCAIN to the bill H.R. 1735, to author- qualifying criminal offenses and the weight struction 3170.01H. assigned to minor, nonviolent, or juvenile of- (2) A certification that the Joint Require- ize appropriations for fiscal year 2016 fenses in adjudicating the results of a comments Oversight Council has validated an for military activities of the Depart- pleted background check; and updated Capabilities Development Document ment of Defense, for military construc- (IV) the development of common, risk- for the upgraded Littoral Combat Ship. tion, and for defense activities of the based standards with respect to the back- (3) A report describing the upgraded Lit- Department of Energy, to prescribe ground check, access control, and security toral Combat Ship modernization, which credentialing requirements for critical infra- shall, at a minimum, include the following military personnel strengths for such structure and key resource protection pro- elements: fiscal year, and for other purposes; grams. (A) A description of capabilities that the which was ordered to lie on the table; (g) DEFINITIONS.—In this section— LCS program delivers, and a description of as follows: (1) the term ‘‘appropriate committees of how these relate to the characteristics of the Congress’’ means— future joint force identified in the Capstone At the appropriate place, insert the fol- (A) the congressional defense committees; Concept for Joint Operations, concept of op- lowing:

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3964 CONGRESSIONAL RECORD — SENATE June 9, 2015 SEC. lll. CLARIFICATION ON PROHIBITION ON climate change will ‘‘be felt across the full strengths for such fiscal year, and for SEARCHING OF COLLECTIONS OF range of Department activities, including other purposes; which was ordered to COMMUNICATIONS TO CONDUCT plans, operations, training, infrastructure, lie on the table; as follows: WARRANTLESS SEARCHES FOR THE and acquisition’’ and that among the poten- COMMUNICATIONS OF UNITED At the end of subtitle A of title XII, add tial effects of climate change are— STATES PERSONS. the following: Section 702(b) of the Foreign Intelligence (A) ‘‘instability within and among other nations’’; SEC. 1209. REPORT ON FEASIBILITY AND ADVIS- Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is ABILITY OF ESTABLISHING PERMA- amended— (B) ‘‘decreased training/testing land-car- NENT FOREIGN DISASTER ASSIST- (1) by redesignating paragraphs (1) through rying capacity to support current testing ANCE FORCE WITHIN THE DEPART- (5) as subparagraphs (A) through (E), respec- and training rotation types or levels’’; MENT OF DEFENSE. tively, and indenting such subparagraphs, as (C) ‘‘increased inundation, erosion, and (a) IN GENERAL.—Not later than one year so redesignated, an additional two ems from flooding damage’’ to Department of Defense after the date of the enactment of this Act, the left margin; infrastructure; and the Secretary of Defense, in consultation (2) by striking ‘‘An acquisition’’ and in- (D) ‘‘reduced availability of or access to with the Secretaries of the military depart- serting the following: the materials, resources, and industrial in- ments, the Chairman of the Joint Chiefs of frastructure needed to manufacture the De- ‘‘(1) IN GENERAL.—An acquisition’’; and Staff, and the commander of each combatant (3) by adding at the end the following: partment’s weapon systems and supplies’’. command, shall submit to the congressional (4) The 2014 United States Government Ac- ‘‘(2) CLARIFICATION ON PROHIBITION ON defense committees a report on the feasi- countability Office report entitled ‘‘Climate SEARCHING OF COLLECTIONS OF COMMUNICA- bility and advisability of establishing a per- Change Adaptation: DOD Can Improve Infra- TIONS OF UNITED STATES PERSONS.— manent command structure along with per- structure Planning and Processes to Better ‘‘(A) IN GENERAL.—Except as provided in manently assigned forces (from either the Account for Potential Impacts’’ assessed 15 subparagraph (B), no officer or employee of active duty or reserve components) to re- sites at defense installations in the United the United States may conduct a search of a spond to requests for foreign disaster assist- States for vulnerability to the effects of cli- collection of communications acquired under ance. mate change. The report found that climate LEMENTS.—The report required under this section in an effort to find communica- (b) E change could affect Department of Defense subsection (a) should include a description tions of a particular United States person readiness and fiscal exposure in the fol- of— (other than a corporation). lowing ways: (1) the funding mechanism and amount re- ‘‘(B) CONCURRENT AUTHORIZATION AND EX- (A) ‘‘According to DOD officials, the com- quired to stand up and sustain a foreign as- CEPTION FOR EMERGENCY SITUATIONS.—Sub- bination of thawing permafrost, decreasing sistance disaster force; paragraph (A) shall not apply to a search for sea ice, and rising sea levels on the Alaskan (2) the authorities and policies related to communications related to a particular coast has increased coastal erosion at sev- the role of the Department of Defense in for- United States person if— eral Air Force radar early warning and com- eign disaster assistance; ‘‘(i) such United States person is the sub- munication installations’’. (3) the organizational and functional reject of an order or emergency authorization (B) ‘‘Impacts on DOD’s infrastructure from quirements of establishing a foreign disaster authorizing electronic surveillance or phys- this erosion have included damaged roads, assistance force; and ical search under section 105, 304, 703, 704, or seawalls, and runways’’. (4) the requisite skills, experience, and 705 of this Act, or under title 18, United (C) ‘‘Officials on a Navy installation told training needed to sustain an effective dis- States Code, for the effective period of that GAO that sea level rise and resulting storm aster assistance response force that would be order; surge are the two largest threats to their wa- tasked with— ‘‘(ii) the entity carrying out the search has terfront infrastructure’’. (A) planning and executing disaster re- a reasonable belief that the life or safety of (D) ‘‘Officials provided examples of impacts sponse missions; such United States person is threatened and from reduced precipitation—such as drought (B) coordinating with the Department of the information is sought for the purpose of and wildfire risk—and identified potential State, the United States Agency for Inter- assisting that person; or mission vulnerabilities—such as reduced national Development, and international and ‘‘(iii) such United States person has con- live-fire training’’. nongovernmental partners; and sented to the search.’’. (5) The 2014 CNA Corporation released a re- (C) training partner countries in prepared- SA 1948. Mr. WHITEHOUSE (for him- port entitled ‘‘National Security Risks and ness and response. the Accelerating Risks of Climate Change’’. self, Mr. FRANKEN, and Mr. MARKEY) The report by the Corporation, the Military SA 1950. Mrs. McCASKILL submitted submitted an amendment intended to Advisory Board of which was comprised of 15 an amendment intended to be proposed be proposed to amendment SA 1463 pro- generals and admirals retired from the to amendment SA 1463 proposed by Mr. posed by Mr. MCCAIN to the bill H.R. Army, the Navy, the Air Force, and the Ma- MCCAIN to the bill H.R. 1735, to author- 1735, to authorize appropriations for rine Corps, found that— ize appropriations for fiscal year 2016 fiscal year 2016 for military activities (A) ‘‘climate change impacts are already for military activities of the Depart- of the Department of Defense, for mili- accelerating instability in vulnerable areas ment of Defense, for military construc- tary construction, and for defense ac- of the world and are serving as catalysts for tion, and for defense activities of the tivities of the Department of Energy, conflict’’; and Department of Energy, to prescribe to prescribe military personnel (B) ‘‘actions by the United States and the military personnel strengths for such strengths for such fiscal year, and for international community have been insufficient to adapt to the challenges associated fiscal year, and for other purposes; other purposes; which was ordered to with projected climate change’’. which was ordered to lie on the table; lie on the table; as follows: (6) The Military Advisory Board also wrote as follows: At the end of subtitle G of title X, add the that ‘‘[w]e are dismayed that discussions of following: Beginning on page 419, strike line 23 and climate change have become so polarizing all that follows through page 420, line 3 and SEC. 1085. SENSE OF CONGRESS ON NATIONAL and have receded from the arena of informed insert the following: SECURITY IMPLICATIONS OF CLI- public discourse and debate. Political pos- MATE CHANGE. (2) establish a process by which the con- turing and budgetary woes cannot be allowed tractor may appeal a determination by a (a) FINDINGS.—Congress makes the fol- to inhibit discussion and debate over what so lowing findings: contracting officer that an earlier deter- many believe to be a salient national secu- (1) The 2015 National Security Strategy mination was made in error or was based on rity concern for our Nation’’. inadequate information to the head of con- states that climate change is ‘‘an urgent and (b) SENSE OF CONGRESS.—It is the sense of tracting for the agency; and growing threat to our national security’’. Congress that it is in the national security (3) establish a process by which a commer- (2) The 2014 Quadrennial Defense Review interests of the United States to assess, plan cial item determination can be revoked in describes long-term strategies and initia- for, and mitigate the security and strategic tives for the Department of Defense and implications of climate change. cases where the contracting officer has de- states that— termined that an item may no longer meet (A) ‘‘the pressures caused by climate SA 1949. Mr. WHITEHOUSE sub- the definition of a commercial item and change will influence resource competition mitted an amendment intended to be through a price-reasonableness determina- while placing additional burdens on econo- proposed to amendment SA 1463 pro- tion it is found that the Department of De- mies, societies, and governance institutions fense would pay more for the item than it posed by Mr. MCCAIN to the bill H.R. had previously or another source could pro- around the world’’; and 1735, to authorize appropriations for (B) the effects of climate change are vide a similar item for a lower price. ‘‘threat multipliers’’ that aggravate fiscal year 2016 for military activities stressors abroad that can ‘‘enable terrorist of the Department of Defense, for mili- SA 1951. Mr. HEINRICH (for himself, activity and other violence’’. tary construction, and for defense ac- Mr. ALEXANDER, Ms. BALDWIN, and Mr. (3) The 2014 Department of Defense Climate tivities of the Department of Energy, WYDEN) submitted an amendment in- Change Adaptation Roadmap asserts that to prescribe military personnel tended to be proposed to amendment

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3965 SA 1463 proposed by Mr. MCCAIN to the MCCAIN to the bill H.R. 1735, to author- respect to the contract described in sub- bill H.R. 1735, to authorize appropria- ize appropriations for fiscal year 2016 section (b). The owner’s representative shall tions for fiscal year 2016 for military for military activities of the Depart- report to the Office of River Protection of the Department of Energy. activities of the Department of De- ment of Defense, for military construc- ‘‘(b) CONTRACT DESCRIBED.—The contract fense, for military construction, and tion, and for defense activities of the described in this subsection is the contract for defense activities of the Depart- Department of Energy, to prescribe between the Office of River Protection of the ment of Energy, to prescribe military military personnel strengths for such Department of Energy and Bechtel National, personnel strengths for such fiscal fiscal year, and for other purposes; Inc. or its successor relating to the Hanford year, and for other purposes; which was which was ordered to lie on the table; Waste Treatment and Immobilization Plant ordered to lie on the table; as follows: as follows: (contract number DE–AC27–01RV14136). ‘‘(c) DUTIES.—The duties of the owner’s At the end of subtitle D of title VIII, add Strike section 535 and insert the following: representative under subsection (a) may in- the following: SEC. 535. LIMITATION ON RECEIPT OF UNEM- clude the following: SEC. 884. TREATMENT OF HIGH-PERFORMANCE PLOYMENT INSURANCE WHILE RE- ‘‘(1) Assisting the Department of Energy COMPUTING SYSTEMS AT DEPART- CEIVING POST-9/11 EDUCATION AS- with performing design, construction, com- MENT OF DEFENSE AND DEPART- SISTANCE. Section 8525 of title 5, United States Code, missioning, nuclear safety, and operability MENT OF ENERGY NATIONAL LAB- oversight of each facility covered by the con- ORATORIES AS NATIONAL SECURITY is amended— tract described in subsection (b). SYSTEMS. (1) in subsection (b)— ‘‘(2) Beginning not later than one year (a) TREATMENT AS NATIONAL SECURITY SYS- (A) in paragraph (1), by striking ‘‘or’’ after after the date of the enactment of the Na- TEMS.—Consistent with the exceptions to the semicolon; certain requirements under subchapter II of (B) in paragraph (2), by striking the period tional Defense Authorization Act for Fiscal chapter 35 of title 44, United States Code, ap- and inserting ‘‘; or’’; and Year 2016, assisting the Department of En- plicable to national security systems, high- (C) by adding at the end the following: ergy to ensure that the preliminary docu- performance computing (HPC) systems at ‘‘(3) except for an individual described in mented safety analyses for the Low-Activity Department of Defense and Department of subsection (c), an educational assistance al- Waste Vitrification Facility, the Balance of Energy laboratories shall, as national secu- lowance under chapter 33 of title 38.’’; and Facilities, and the Analytical Laboratory rity systems, be exempt from requirements (2) by adding at the end the following: covered by the contract described in sub- under section 11319 of title 40, United States ‘‘(c) An individual described in this subsection (b) meet the requirements of all ap- Code. section is an individual— plicable regulations and orders of the De- partment of Energy as required by the con- (b) INFORMATION SHARING.—The head of ‘‘(1) who is otherwise entitled to compensa- each relevant agency shall develop proce- tion under this subchapter; tract. ‘‘(d) REPORT REQUIRED.— dures to ensure that the Chief Information ‘‘(2) who is an individual described in sec- ‘‘(1) IN GENERAL.—Not later than one year Officer of the agency has access to all nection 3311(b) of title 38; and after the date of the enactment of the Na- essary and appropriate information on HPC ‘‘(3)(A) who— tional Defense Authorization Act for Fiscal programs and investments to fulfill the Chief ‘‘(i) did not voluntary separate from serv- Year 2016, and annually thereafter, the Sec- Information Officer’s duties. ice in the Armed Forces or the Commis- retary of Energy shall submit to the congres- sioned Corps of the National Oceanic and At- sional defense committees a report on the as- Mr. BENNET submitted an mospheric Administration (including SA 1952. sistance provided by the owner’s representa- through a reduction in force); and amendment intended to be proposed to tive to the Department of Energy under sub- ‘‘(ii) was discharged or released from such amendment SA 1463 proposed by Mr. section (a) with respect to the contract de- service under conditions other than dishon- MCCAIN to the bill H.R. 1735, to author- scribed in subsection (b). orable; or ‘‘(2) ELEMENTS.—The report required by ize appropriations for fiscal year 2016 ‘‘(B) who— paragraph (1) shall include the following: for military activities of the Depart- ‘‘(i) voluntary separated from service in ‘‘(A) An identification of any instance of ment of Defense, for military construc- the Armed Forces or the Commissioned the contractor not meeting the requirements tion, and for defense activities of the Corps of the National Oceanic and Atmos- of the applicable regulations or orders of the Department of Energy, to prescribe pheric Administration; Department of Energy as required by the ‘‘(ii) was employed after such separation military personnel strengths for such contract described in subsection (b) and the from such service; and fiscal year, and for other purposes; plan for and status of correcting any such in- ‘‘(iii) was terminated from such employ- which was ordered to lie on the table; stance. ment other than for cause due to misconduct ‘‘(B) Information on the status of and the as follows: connected with work.’’. At the end of subtitle B of title XVI, add plan for resolving significant unresolved the following: SA 1954. Mrs. MURRAY submitted an technical issues at the Low-Activity Waste Vitrification Facility, the Balance of Facili- SEC. 1628. SENSE OF CONGRESS ON CYBER WAR- amendment intended to be proposed to FARE. ties, and the Analytical Laboratory. amendment SA 1463 proposed by Mr. ‘‘(e) DEFINITIONS.—In this section: (a) FINDINGS.—Congress makes the fol- MCCAIN to the bill H.R. 1735, to author- ‘‘(1) The term ‘contractor’ means Bechtel lowing findings: ize appropriations for fiscal year 2016 National, Inc. or its successor. (1) As an instrument of power, information ‘‘(2) The terms ‘preliminary documented is a powerful tool to influence, disrupt, cor- for military activities of the Depart- safety analysis’ has the meaning given that rupt, or usurp an adversary’s ability to make ment of Defense, for military construc- term in section 830.3 of title 10, Code of Fed- and share decisions. tion, and for defense activities of the eral Regulations (or any corresponding simi- (2) Within the information environment, Department of Energy, to prescribe lar ruling or regulation). actions taken in cyberspace are increasingly military personnel strengths for such ‘‘(3) The term ‘owner’s representative’ part of the battlefield. fiscal year, and for other purposes; means a third-party entity with expertise in (3) State and non-state adversaries deliver which was ordered to lie on the table; nuclear design, construction, commis- propaganda through publically available so- as follows: sioning, and safety management and without cial media capabilities. Strike section 3115 and insert the fol- any contractual relationship with the con- (b) SENSE OF CONGRESS.—It is the sense of tractor.’’. Congress that— lowing: SEC. 3115. HANFORD WASTE TREATMENT AND IM- (b) CLERICAL AMENDMENT.—The table of (1) military information support oper- contents for the Atomic Energy Defense Act ations should support Department of Defense MOBILIZATION PLANT CONTRACT OVERSIGHT. is amended by inserting after the item relat- communications efforts and act to augment (a) IN GENERAL.—Subtitle C of title XLIV ing to section 4445 the following new item: efforts to degrade adversary combat power, of the Atomic Energy Defense Act (50 U.S.C. reduce recruitment, minimize collateral ‘‘Sec. 4446. Hanford Waste Treatment and 2621 et seq.) is amended by adding at the end damage, and maximize local support for op- Immobilization Plant contract the following new section: erations; and oversight.’’. (2) the Secretary of Defense should develop ‘‘SEC. 4446. HANFORD WASTE TREATMENT AND IMMOBILIZATION PLANT CONTRACT SA 1955. Mr. BROWN (for himself and advanced concepts to degrade adversary or- OVERSIGHT. ganizations using both traditional and Mr. BLUNT) submitted an amendment ‘‘(a) IN GENERAL.—Not later than 180 days intended to be proposed to amendment emerging forms of communication and infor- after the date of the enactment of the Na- SA 1463 proposed by Mr. MCCAIN to the mation related-capabilities. tional Defense Authorization Act for Fiscal Year 2016, the Secretary of Energy shall ar- bill H.R. 1735, to authorize appropria- SA 1953. Mr. REED submitted an range to have an owner’s representative as- tions for fiscal year 2016 for military amendment intended to be proposed to sist in carrying out the oversight respon- activities of the Department of De- amendment SA 1463 proposed by Mr. sibilities of the Department of Energy with fense, for military construction, and

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3966 CONGRESSIONAL RECORD — SENATE June 9, 2015 for defense activities of the Depart- (C) the methods to be used by the Sec- (b) CONFORMING AMENDMENTS.—Section ment of Energy, to prescribe military retary of Defense in carrying out the pilot 307(b) of the Homeland Security Act of 2002 (6 personnel strengths for such fiscal program. U.S.C. 187(b)) is amended by— year, and for other purposes; which was (2) FINAL REPORT.— (1) striking paragraph (6); and (A) IN GENERAL.—Not later than 180 days (2) redesignating paragraph (7) as para- ordered to lie on the table; as follows: after the termination of the pilot program graph (6). At the end of subtitle B of title VII, add under subsection (f), the Secretary of De- (c) RULE OF CONSTRUCTION.—Nothing in the the following: fense and the Secretary of Veterans Affairs amendments made by this section shall be SEC. 721. PILOT PROGRAM ON INTEGRATION OF shall jointly submit to the appropriate com- construed to limit the authority granted CERTAIN NON-MEDICAL REPORTS mittees of Congress a report on the pilot pro- under paragraph (6) of section 307(b) of the AND RECORDS INTO THE MEDICAL gram. Homeland Security Act of 2002 (6 U.S.C. RECORD OF MEMBERS OF THE (B) ELEMENTS.—The report required by 187(b)), as in effect on the day before the date ARMED FORCES. subparagraph (A) shall include the following: of enactment of this Act. (a) IN GENERAL.—Not later than 180 days (i) An assessment of the feasibility and ad- after the date of the enactment of this Act, visability of integrating into the medical SA 1957. Mr. CARPER submitted an the Secretary of Defense, in coordination record of a member of the Armed Forces non- amendment intended to be proposed to with the Secretary of Veterans Affairs, shall medical reports and records of the Depart- amendment SA 1463 proposed by Mr. commence the conduct of a pilot program to ment of Defense relating to the member that MCCAIN to the bill H.R. 1735, to author- assess the feasibility and advisability of in- are relevant to the medical condition of the ize appropriations for fiscal year 2016 member. tegrating into the medical record of a mem- for military activities of the Depart- ber of the Armed Forces non-medical reports (ii) The number and types of non-medical and records of the Department of Defense re- reports and records that were integrated into ment of Defense, for military construc- lating to the member that are relevant to the medical records of members of the tion, and for defense activities of the the medical condition of the member. Armed Forces under the pilot program. Department of Energy, to prescribe (b) PARTICIPATION IN PILOT PROGRAM.— (iii) A summary of the activities of the military personnel strengths for such (1) UNIT BASIS.—Members of the Armed units during the period in which the pilot fiscal year, and for other purposes; Forces shall participate in the pilot program program was carried out. which was ordered to lie on the table; (iv) Such other information and metrics re- on a unit basis. as follows: (2) PARTICIPATION BY EACH ARMED FORCE.— lating to the pilot program as the Secretary Beginning on page 712, line 24, strike The units participating in the pilot program of Defense and the Secretary of Veterans Af- ‘‘Act,’’ and all that follows ‘‘Security,’’ on shall include not less than one unit of the fairs jointly consider appropriate. page 713, line 1, and insert ‘‘Act, consistent regular component, and of each reserve com- (h) FUNDING.—Such sums as may be nec- with section 227 of the Homeland Security ponent, of each Armed Force selected by the essary to carry out the pilot program shall Act of 2002 (6 U.S.C. 149), the Secretary of Secretary of Defense for purposes of the pilot be derived from amounts appropriated to the Homeland Security and the Secretary of De- program. Department of Defense for purposes of honoring members of the Armed Forces at sport- fense shall, in coordination with’’. (c) REPORTS AND RECORDS USED.—The non- ing events. On page 713, line 12, insert ‘‘of Defense’’ medical reports and records to be integrated (i) APPROPRIATE COMMITTEES OF CONGRESS after ‘‘Secretary’’. by the Secretary under the pilot program DEFINED.—In this section, the term ‘‘appro- On page 714, line 13, insert ‘‘of Homeland shall include the following: priate committees of Congress’’ means— Security and the Secretary of Defense’’ after (1) Unit combat action or significant ac- (1) the Committee on Armed Services and ‘‘Secretary’’. tion reports. the Committee on Veterans’ Affairs of the On page 714, line 19, strike ‘‘Department of (2) Reports or records relating to accident, Senate; and Defense’’ and insert ‘‘United States’’. injury, or mortality investigations. (2) the Committee on Armed Services and On page 714, line 23, insert ‘‘full spectrum (3) Reports or records relating to sexual as- the Committee on Veterans’ Affairs of the of cyber defense and mitigation capabilities sault investigations conducted by military House of Representatives. available to the Federal Government, includ- criminal investigation services. ing the’’ before ‘‘National’’. (4) Such other reports or records as the SA 1956. Mr. CARPER submitted an On page 715, line 6, insert ‘‘of Homeland Se- Secretary of Defense and the Secretary of amendment intended to be proposed to curity and the Secretary of Defense’’ after Veterans Affairs jointly consider appropriate amendment SA 1463 proposed by Mr. ‘‘Secretary’’. for purposes of the pilot program. On page 715, lines 7 and 8, strike ‘‘is re- MCCAIN to the bill H.R. 1735, to author- quired to coordinate under subsection (a)’’ (d) EXCEPTION.—If the Secretary of Defense ize appropriations for fiscal year 2016 determines that carrying out the pilot pro- and insert ‘‘of Homeland Security and the gram with respect to a particular unit is no for military activities of the Depart- Secretary of Defense are required to coordi- longer feasible or advisable because of the ment of Defense, for military construc- nate under subsection (a) to leverage exist- operational necessity of the Department of tion, and for defense activities of the ing National Cyber Exercise programs, such Defense or because it would create an unrea- Department of Energy, to prescribe as the Department of Homeland Security Bi- sonable burden on the Department, the Sec- military personnel strengths for such ennial Cyber Storm Program and’’. retary— fiscal year, and for other purposes; (1) shall notify the appropriate committees which was ordered to lie on the table; SA 1958. Mr. BOOKER submitted an of Congress; and as follows: amendment intended to be proposed to amendment SA 1463 proposed by Mr. (2) may, not earlier than 30 days after such At the end of title XI, add the following: notification, terminate carrying out the MCCAIN to the bill H.R. 1735, to author- SEC. 1116. PERSONNEL APPOINTMENT AUTHOR- pilot program with respect to such unit. ITY. ize appropriations for fiscal year 2016 (e) PROTECTION OF CERTAIN INFORMATION.— (a) IN GENERAL.—Section 306 of the Home- for military activities of the Depart- The Secretary of Defense, in coordination land Security Act of 2002 (6 U.S.C. 186) is ment of Defense, for military construc- with the Secretary of Veterans Affairs, shall amended by adding at the end the following: tion, and for defense activities of the ensure that any sensitive, classified, or per- ‘‘(e) PERSONNEL APPOINTMENT AUTHOR- Department of Energy, to prescribe sonally identifiable information included in ITY.— a report or record integrated by the Sec- ‘‘(1) IN GENERAL.—In appointing employees military personnel strengths for such retary of Defense under the pilot program is to positions in the Directorate of Science fiscal year, and for other purposes; protected from disclosure in accordance with and Technology, the Secretary shall have which was ordered to lie on the table; all laws applicable to such information. the hiring and management authorities de- as follows: (f) TERMINATION.—The pilot program shall scribed in section 1101 of the Strom Thur- At the end of subtitle C of title VII, add terminate on the date that is one year after mond National Defense Authorization Act the following: the commencement of the pilot program for Fiscal Year 1999 (5 U.S.C. 3104 note; Pub- SEC. 738. SENSE OF CONGRESS ON USE BY DE- under subsection (a). lic Law 105–261) (referred to in this sub- PARTMENT OF DEFENSE OF PEER- (g) REPORTS.— section as ‘section 1101’). TO-PEER SUPPORT NETWORKS. (1) INITIAL REPORT.—Not later than 90 days ‘‘(2) TERM OF APPOINTMENTS.—The term of It is the sense of Congress that the Depart- after the date of the enactment of this Act, appointments for employees under sub- ment of Defense should use peer-to-peer sup- the Secretary of Defense and the Secretary section (c)(1) of section 1101 may not exceed port networks that are staffed 24 hours per of Veterans Affairs shall jointly submit to 5 years before the granting of any extension day and seven days per week by veterans to the appropriate committees of Congress a re- under subsection (c)(2) of that section. provide counseling in a confidential environ- port on— ‘‘(3) TERMINATION.—The authority under ment to active duty members of the Armed (A) the units selected for participation in this subsection shall terminate on the date Forces and veterans. the pilot program; on which the authority to carry out the pro- (B) the guidance provided to such units in gram under section 1101 terminates under SA 1959. Mr. CORNYN submitted an carrying out the pilot program; and section 1101(e)(1).’’. amendment intended to be proposed to

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3967 amendment SA 1463 proposed by Mr. the Treto Garza South Texas Department of intended to be proposed to amendment MCCAIN to the bill H.R. 1735, to author- Veterans Affairs Health Care Center. SA 1463 proposed by Mr. MCCAIN to the ize appropriations for fiscal year 2016 (c) REQUIREMENT OF FULL-SERVICE INPA- bill H.R. 1735, to authorize appropria- TIENT FACILITY.— for military activities of the Depart- tions for fiscal year 2016 for military (1) IN GENERAL.—The Secretary of Veterans ment of Defense, for military construc- Affairs shall ensure that the Treto Garza activities of the Department of De- tion, and for defense activities of the South Texas Department of Veterans Affairs fense, for military construction, and Department of Energy, to prescribe Health Care Center, as designated under sub- for defense activities of the Depart- military personnel strengths for such section (b), includes a full-service inpatient ment of Energy, to prescribe military fiscal year, and for other purposes; health care facility of the Department and personnel strengths for such fiscal which was ordered to lie on the table; shall modify the existing facility as nec- year, and for other purposes; which was as follows: essary to meet that requirement. ordered to lie on the table; as follows: (2) PLAN TO EXPAND FACILITY CAPABILI- At the end of subtitle G of title X, add the TIES.—The Secretary shall include in the an- At the end of subtitle G of title X, add the following: nual Strategic Capital Investment Plan of following: SEC. 1085. DESIGNATION OF MEDICAL CENTER the Department for fiscal year 2016 a project SEC. 1085. DEPARTMENT OF HOMELAND SECU- OF DEPARTMENT OF VETERANS AF- to expand the capabilities of the Treto Garza RITY PROCUREMENTS INVOLVING SMALL PURCHASES. FAIRS IN HARLINGEN, TEXAS, AND South Texas Department of Veterans Affairs INCLUSION OF INPATIENT HEALTH Subsection (f) of section 604b of the Amer- Health Care Center, as so designated, by add- CARE FACILITY AT SUCH MEDICAL ican Recovery and Investment Act of 2009 (6 ing the following: CENTER. U.S.C. 453b) is amended to read as follows: (A) Inpatient capability for 50 beds with (a) FINDINGS.—Congress makes the fol- ‘‘(f) EXCEPTION FOR CERTAIN PURCHASES.— appropriate administrative, clinical, diag- lowing findings: Subsection (a) does not apply to purchases nostic, and ancillary services needed for sup- (1) The current and future health care for amounts not greater than $150,000.’’. needs of veterans residing in South Texas are port. not being fully met by the Department of (B) An urgent care center. SA 1962. Ms. AYOTTE (for herself and (C) The capability to provide a full range Veterans Affairs. Mr. TILLIS) submitted an amendment of services to meet the health care needs of (2) According to recent census data, more intended to be proposed to amendment than 108,000 veterans reside in South Texas. women veterans. SA 1463 proposed by Mr. MCCAIN to the (3) Travel times for veterans from the Val- (d) REPORT TO CONGRESS.—Not later than ley Coastal Bend area from their homes to 180 days after the date of the enactment of bill H.R. 1735, to authorize appropria- the nearest hospital of the Department for this Act, the Secretary shall submit to the tions for fiscal year 2016 for military acute inpatient health care can exceed six Committee on Veterans’ Affairs of the Sen- activities of the Department of De- hours. ate and the Committee on Veterans’ Affairs fense, for military construction, and (4) Even with the significant travel times, of the House of Representatives a report de- for defense activities of the Depart- tailing a plan to implement the require- veterans from South Texas demonstrate a ment of Energy, to prescribe military high demand for health care services from ments in subsection (c), including an estimate of the cost of required actions and the personnel strengths for such fiscal the Department. year, and for other purposes; which was (5) Ongoing overseas deployments of mem- time necessary for the completion of those bers of the Armed Forces from Texas, includ- actions. ordered to lie on the table; as follows: (e) SOUTH TEXAS DEFINED.—In this section, ing members of the Armed Forces on active At the end of subtitle B of title VIII, add the term ‘‘South Texas’’ means the following duty, members of the Texas National Guard, the following: counties in Texas: Aransas, Bee, Brooks, Cal- and members of the other reserve compo- SEC. 832. PROCUREMENTS INVOLVING SMALL houn, Cameron, DeWitt, Dimmit, Duval, nents of the Armed Forces, will continue to PURCHASES. Goliad, Hidalgo, Jackson, Jim Hogg, Jim increase demand for medical services pro- (a) PROCUREMENTS OF CERTAIN ARTICLES.— Wells, Kenedy, Kleberg, Nueces, Refugio, San vided by the Department in South Texas. Subsection (h) of section 2533a of title 10, Patricio, Starr, Victoria, Webb, Willacy, Za- (6) The Department employs an annual United States Code, is amended to read as pata. Strategic Capital Investment Planning proc- follows: ‘‘(h) EXCEPTION FOR CERTAIN PURCHASES.— ess to ‘‘enable the VA to continually adapt SA 1960. Ms. AYOTTE (for herself and to changes in demographics, medical and in- Subsection (a) does not apply to purchases Mrs. SHAHEEN) submitted an amend- formation technology, and health care deliv- for amounts not greater than $150,000.’’. ery’’, which results in the development of a ment intended to be proposed to (b) PROCUREMENTS OF STRATEGIC MATE- multi-year investment plan that determines amendment SA 1463 proposed by Mr. RIALS.—Subsection (f) of section 2533b of title where gaps in services exist or are projected MCCAIN to the bill H.R. 1735, to author- 10, United States Code, is amended to read as and develops an appropriate solution to meet ize appropriations for fiscal year 2016 follows: ‘‘(f) EXCEPTION FOR CERTAIN PURCHASES.— those gaps. for military activities of the Depart- (7) According to the Department, final ap- Subsection (a) does not apply to purchases ment of Defense, for military construc- for amounts not greater than $150,000.’’. proval of the Strategic Capital Investment tion, and for defense activities of the Planning priority list serves as the ‘‘building Department of Energy, to prescribe Mr. FLAKE (for himself, Mr. block’’ of the annual budget request for the SA 1963. Department. military personnel strengths for such MCCAIN, and Mr. HEINRICH) submitted (8) Arturo ‘‘Treto’’ Garza, a veteran who fiscal year, and for other purposes; an amendment intended to be proposed served in the Marine Corps, rose to the rank which was ordered to lie on the table; to amendment SA 1463 proposed by Mr. of Sergeant, and served two tours in the as follows: MCCAIN to the bill H.R. 1735, to author- Vietnam War, passed away on October 3, At the end of subtitle B of title VIII, add ize appropriations for fiscal year 2016 2012. the following: for military activities of the Depart- (9) Treto Garza, who was also a former co- SEC. 832. PREFERENCE FOR FIRM FIXED PRICE ment of Defense, for military construc- chairman of the Veterans Alliance of the Rio CONTRACTS FOR FOREIGN MILI- tion, and for defense activities of the Grande Valley, tirelessly fought to improve TARY SALES. Department of Energy, to prescribe health care services for veterans in the Rio (a) ESTABLISHMENT OF PREFERENCE.—Not Grande Valley, with his efforts successfully later than 180 days after the date of the en- military personnel strengths for such leading to the creation of the medical center actment of this Act, the Defense Federal Ac- fiscal year, and for other purposes; of the Department located in Harlingen, quisition Regulation Supplement shall be re- which was ordered to lie on the table; Texas. vised to establish a preference for firm fixed as follows: (b) REDESIGNATION OF MEDICAL CENTER IN price contracts for foreign military sales. At the end of subtitle A of title XVI, add HARLINGEN, TEXAS.— (b) WAIVER AUTHORITY.—The preference es- the following: (1) IN GENERAL.—The medical center of the tablished pursuant to subsection (a) shall in- SEC. 1614. REPORT ON FEASIBILITY, COSTS, AND Department of Veterans Affairs located in clude a waiver that may be exercised by the COST SAVINGS OF ALLOWING FOR Harlingen, Texas, shall after the date of the military service’s acquisition executive re- COMMERCIAL APPLICATIONS OF EX- enactment of this Act be known and des- sponsible or the Under Secretary of Defense CESS BALLISTIC MISSILE SOLID ignated as the ‘‘Treto Garza South Texas De- for Acquisition, Technology, and Logistics if ROCKET MOTORS. partment of Veterans Affairs Health Care such official or the Under Secretary certifies (a) IN GENERAL.—Not later than one year Center’’. that a different contract type is more appro- after the date of the enactment of this Act, (2) REFERENCES.—Any reference in any law, priate and in the best interest of the United the Comptroller General of the United States regulation, map, document, paper, or other States. shall submit to the appropriate congres- record of the United States to the medical sional committees a report assessing— center of the Department referred to in para- SA 1961. Ms. AYOTTE (for herself and (1) the feasibility of permitting excess bal- graph (1) shall be deemed to be a reference to Mr. TILLIS) submitted an amendment listic missile solid rocket motors, including

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excess ballistic missile solid rocket motors (2) CLERICAL AMENDMENT.—The table of ment is assigned to a Department of Defense from the Minotaur launch vehicle, to be sections at the beginning of such chapter is civilian employee consistent with the re- made available for commercial applications; amended by inserting after the item relating quirements of this section— (2) the costs of, and the cost savings antici- to section 3680A the following new item: ‘‘(1) the Secretary of Defense may not— pated to result from, making such motors ‘‘3680B. Priority enrollment in certain ‘‘(A) impose any constraint or limitation available for commercial applications; courses.’’. on the size of the civilian workforce in terms (3) the effects of making such motors (b) EFFECTIVE DATE.—Section 3680B of such of man years, end strength, full-time equiva- available for commercial applications on title, as added by subsection (a)(1), shall take lent positions, or maximum number of em- programs of the Department of Defense; and effect on August 1, 2017. ployees; or (4) any implications of making such mo- ‘‘(B) require offsetting funding for civilian tors available for commercial applications SA 1965. Mr. BROWN submitted an pay or benefits or require a reduction in ci- for the international obligations of the amendment intended to be proposed to vilian full-time equivalents or civilian end- United States. amendment SA 1463 proposed by Mr. strengths; and (b) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(2) the Secretary may assign performance MCCAIN to the bill H.R. 1735, to author- TEES DEFINED.—In this section, the term of such requirement without regard to ‘‘appropriate congressional committees’’ ize appropriations for fiscal year 2016 whether the employee is a temporary, term, means— for military activities of the Depart- or permanent employee. (1) the congressional defense committees; ment of Defense, for military construc- ‘‘(d) NEW REQUIREMENT DESCRIBED.—For and tion, and for defense activities of the purposes of this section, a new requirement (2) the Committee on Commerce, Science, Department of Energy, to prescribe is an activity or function that is not being and Transportation of the Senate and the military personnel strengths for such performed, as of the date of consideration for Committee on Energy and Commerce of the fiscal year, and for other purposes; assignment of performance under this sec- House of Representatives. which was ordered to lie on the table; tion, by military personnel, civilian personnel, or contractor personnel at a Depart- as follows: SA 1964. Mr. BROWN (for himself and ment of Defense component, organization, At the appropriate place, insert the fol- Mr. TILLIS) submitted an amendment installation, or other entity. For purposes of lowing: intended to be proposed to amendment the preceding sentence, an activity or func- SEC. ll. ASSIGNMENT OF CERTAIN NEW RE- SA 1463 proposed by Mr. MCCAIN to the tion that is performed at such an entity and QUIREMENTS BASED ON DETER- that is re-engineered, reorganized, modern- bill H.R. 1735, to authorize appropria- MINATIONS OF COST-EFFICIENCY. ized, upgraded, expanded, or changed to be- (a) AMENDMENT.—Chapter 146 of title 10, tions for fiscal year 2016 for military come more efficient but is still essentially United States Code, is amended by inserting activities of the Department of De- providing the same service shall not be con- after section 2463 the following new section: fense, for military construction, and sidered a new requirement.’’. for defense activities of the Depart- ‘‘§ 2463a. Assignment of certain new require- (b) CLERICAL AMENDMENT.—The table of ment of Energy, to prescribe military ments based on determinations of cost-effi- sections at the beginning of such chapter is personnel strengths for such fiscal ciency amended by inserting after the item relating year, and for other purposes; which was ‘‘(a) ASSIGNMENTS BASED ON DETERMINA- to section 2463 the following new item: TIONS OF COST-EFFICIENCY.—(1) Except as pro- ordered to lie on the table; as follows: ‘‘2463a. Assignment of certain new require- vided in paragraph (2) and subject to sub- ments based on determinations At the end of subtitle G of title X, add the section (b), the assignment of performance of of cost-efficiency.’’. following: a new requirement by the Department of De- SEC. 1085. PRIORITY ENROLLMENT FOR VET- fense to members of the armed forces, civil- SA 1966. Ms. STABENOW submitted ERANS IN CERTAIN COURSES OF ian employees, or contractors shall be based EDUCATION. an amendment intended to be proposed on a determination of which sector of the to amendment SA 1463 proposed by Mr. (a) PRIORITY ENROLLMENT.— Department’s workforce can perform the new (1) IN GENERAL.—Chapter 36 of title 38, requirement in the most cost-efficient man- MCCAIN to the bill H.R. 1735, to author- United States Code, is amended by inserting ner, based on an analysis of the costs to the ize appropriations for fiscal year 2016 after section 3680A the following new sec- Federal Government in accordance with De- for military activities of the Depart- tion: partment of Defense Instruction 7041.04 (‘Es- ment of Defense, for military construc- ‘‘§ 3680B. Priority enrollment in certain timating and Comparing the Full Costs of Ci- tion, and for defense activities of the courses vilian and Active Duty Military Manpower Department of Energy, to prescribe ‘‘(a) IN GENERAL.—Notwithstanding section and Contract Support’) or successor guid- military personnel strengths for such 3672(b)(2)(A) of this title or any other provi- ance, consistent with the needs of the De- fiscal year, and for other purposes; sion of law, with respect to an educational partment with respect to factors other than assistance program provided for in chapter cost, including quality, reliability, and time- which was ordered to lie on the table; 30, 31, 32, 33, or 35 of this title or chapter 1606 liness. as follows: or 1607 of title 10, if an educational institu- ‘‘(2) Paragraph (1) shall not apply in the At the end of subtitle C of title VII, add tion administers a priority enrollment sys- case of a new requirement that is inherently the following: tem that allows certain students to enroll in governmental, closely associated with inher- SEC. 738. COMPTROLLER GENERAL REPORT ON courses earlier than other students, the Sec- ently governmental functions, critical, or re- CARE FOR ALZHEIMER’S DISEASE retary or a State approving agency may not quired by law to be performed by members of AND RELATED DEMENTIAS UNDER approve a program of education offered by the armed forces or Department of Defense TRICARE PROGRAM. such institution unless such institution al- civilian employees. (a) SENSE OF CONGRESS.— lows a covered individual to enroll in courses ‘‘(3) Nothing in this section may be con- (1) FINDINGS.—Congress makes the fol- at the earliest possible time pursuant to strued as affecting the requirements of the lowing findings: such priority enrollment system. Department of Defense under policies and (A) Alzheimer’s disease is a progressive and ‘‘(b) COVERED INDIVIDUAL DEFINED.—In this procedures established by the Secretary of ultimately fatal neurodegenerative disease section, the term ‘covered individual’ means Defense under section 129a of this title for with no known cure and is the sixth leading an individual using educational assistance determining the most appropriate and cost- cause of death in the United States. under chapter 30, 31, 32, 33, or 35 of this title efficient mix of military, civilian, and con- (B) Only 45 percent of people with Alz- or chapter 1606 or 1607 of title 10, including— tractor personnel to perform the mission of heimer’s disease or their caregivers report ‘‘(1) a veteran; the Department of Defense. ever being told of the diagnosis. ‘‘(2) a member of the Armed Forces serving ‘‘(b) WAIVER DURING AN EMERGENCY OR EXI- (C) Accumulating evidence suggests a on active duty or a member of a reserve com- GENT CIRCUMSTANCES.—The head of an agen- strong link between head injury and future ponent (including the National Guard); cy may waive subsection (a) for a specific risk of Alzheimer’s disease. ‘‘(3) a dependent to whom such assistance new requirement in the event of an emer- (D) During the years of conflict in Iraq and has been transferred pursuant to section 3319 gency or exigent circumstances, as long as Afghanistan, the Defense and Veterans Brain of this title; and the head of an agency, within 60 days of exer- Injury Center reports 327,299 documented ‘‘(4) any other individual using such assist- cising the waiver, submits to the Commit- cases of traumatic brain injury among active ance. tees on Armed Services of the Senate and the duty members of the Armed Forces. ‘‘(c) DISAPPROVAL.—An educational insti- House of Representatives notice of the spe- (E) Care planning can improve health out- tution described in subsection (a) that has a cific new requirement involved, where such comes for both the diagnosed individual and program of education approved for purposes new requirement is being performed, and the caregivers of those individuals. of this chapter and fails to meet the require- date on which it would be practical to sub- (2) SENSE OF CONGRESS.—It is the sense of ments of such subsection shall be imme- ject such new requirement to the require- Congress that— diately disapproved by the Secretary or the ments of subsection (a). (A) covered beneficiaries diagnosed with appropriate State approving agency in ac- ‘‘(c) PROVISIONS RELATING TO ASSIGNMENT Alzheimer’s disease or a related dementia cordance with section 3679 of this title.’’. OF CIVILIAN PERSONNEL.—If a new require- and their families should have access to a

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3969 comprehensive care planning session from ‘‘(A) there is a direct link between the insert ‘‘the appropriate committees of Con- the Department of Defense; functions to be performed and a military oc- gress’’. (B) the Secretary of Defense should take cupational specialty; and On page 601, line 20, strike ‘‘the congres- appropriate action to provide eligible indi- ‘‘(B) the conversion to performance by sional defense committees’’ and insert ‘‘the viduals with a care planning session with re- military personnel is cost effective, based on appropriate committees of Congress’’. spect to diagnosis of Alzheimer’s disease or a Department of Defense instruction 7041.04 (or On page 602, between lines 11 and 12, insert related dementia; and any successor administrative regulation, di- the following: (C) the care planning session should in- rective, or policy). (3) An assessment by the Department of clude, at minimum, a comprehensive care ‘‘(2) Paragraph (1) shall not apply to the State of the impact of such support on inter- plan, information on the diagnosis and treat- following functions: nal security and stability in the countries ment options, and information on relevant ‘‘(A) Functions required by law or regula- provided support. medical and community services. tion to be performed by military personnel. On page 602, strike lines 12 through 15 and (b) REPORT.— ‘‘(B) Functions related to— insert the following: (1) IN GENERAL.—Not later than 180 days ‘‘(i) missions involving operation risks and (e) DEFINITIONS.—In this section: after the date of the enactment of this Act, combatant status under the law of war; (1) The term ‘‘appropriate committees of the Comptroller General of the United States ‘‘(ii) specialized collective and individual Congress’’ means— shall submit to the Committee on Armed training requiring military-unique knowl- (A) the Committee on Armed Services, the Services of the Senate and the Committee on edge and skills based on recent operational Committee on Foreign Relations, and the Armed Services of the House of Representa- experience; Committee on Appropriations of the Senate; tives a report on care planning services for ‘‘(iii) independent advice to senior civilian and Alzheimer’s disease and related dementias leadership in the Department of Defense re- (B) the Committee on Armed Services, the for all members of the Armed Forces and quiring military-unique knowledge and Committee on Foreign Affairs, and the Com- covered beneficiaries. skills based on recent operational experi- mittee on Appropriations of the House of (2) ELEMENTS.—The report required by ence; and Representatives. paragraph (1) shall include the following: ‘‘(iv) command and control arrangements (2) The term ‘‘logistic support, supplies, (A) A description and assessment of care under chapter 47 of this title (the Uniform and services’’ has the meaning given that planning services for Alzheimer’s disease and Code of Military Justice). term in section 2350(1) of title 10, United related dementias currently provided for ‘‘(3) A function being performed by civilian States Code. members of the Armed Forces and covered personnel or contractors may not be— On page 606, line 15, insert ‘‘the Secretary beneficiaries, including access to care, scope ‘‘(A) modified, reorganized, divided, ex- of State and’’ before ‘‘the Director of Na- of available care, availability of specialty panded, or in any way changed for the pur- tional Intelligence’’. care, and use of care planning sessions with pose of exempting a conversion of the func- On page 606, beginning on line 21, strike beneficiaries and caregivers. tion from the requirements of this sub- ‘‘the congressional defense committees’’ and (B) An assessment of the incidence and section; or insert ‘‘the appropriate committees of Con- prevalence of Alzheimer’s disease and related ‘‘(B) converted to performance by military gress’’. dementias during the five-year period pre- personnel because of a civilian personnel On page 607, between lines 7 and 8, insert ceding the submittal of the report for mem- ceiling. the following: bers of the Armed Forces and covered bene- ‘‘(4) A conversion of performance is covered (c) APPROPRIATE COMMITTEES OF CONGRESS ficiaries. by this subsection only if the conversion DEFINED.—In this section, the term ‘‘appro- (C) A description of how the Department of changes performance of a function des- priate committees of Congress’’ means— Defense would implement a service for mem- ignated for performance by civilian per- (1) the Committee on Armed Services, the bers of the Armed Forces and covered bene- sonnel or contractors to performance by Committee on Foreign Relations, and the ficiaries who are diagnosed with Alzheimer’s military personnel for a period in excess of 30 Committee on Appropriations of the Senate; disease or a related dementia that provides a days. and one-time care planning session to a bene- ‘‘(5) The requirements of this subsection (2) the Committee on Armed Services, the ficiary and caregivers of the beneficiary to may be waived by the head of an agency for Committee on Foreign Affairs, and the Com- design a comprehensive care plan that in- a specific function in the event of an emer- mittee on Appropriations of the House of cludes information about the diagnosis, med- gency or exigent circumstances if theH ead Representatives. ical and non-medical options for ongoing of the agency notifies the Committees on On page 607, beginning on line 12, strike treatment, and available services and sup- Armed Services of the Senate and the House ‘‘the congressional defense committees’’ and port. of Representatives that the specific function insert ‘‘the appropriate committees of Con- (c) COVERED BENEFICIARIES DEFINED.—In designated for performance by civilian per- gress’’. this section, the term ‘‘covered bene- sonnel or contractors will instead be per- On page 608, after line 22, add the fol- ficiaries’’ has the meaning given that term formed by military personnel because of an lowing: in section 1072(5) of title 10, United States emergency or exigent circumstances. The pe- (e) CONCURRENCE OF SECRETARY OF STATE Code. riod of any waiver under this paragraph with REQUIRED IN USE OF AUTHORITY.—Sub- respect to a specific function may not exceed sections (a) and (b)(1) of section 1209 of the SA 1967. Mr. CASEY (for himself and 90 days.’’. Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fis- Ms. MURKOWSKI) submitted an amend- SA 1968. Mr. CORKER submitted an cal Year 2015 are each amended by striking ment intended to be proposed to ‘‘in coordination with the Secretary of amendment SA 1463 proposed by Mr. amendment intended to be proposed to amendment SA 1463 proposed by Mr. State’’ and inserting ‘‘with the concurrence MCCAIN to the bill H.R. 1735, to author- of the Secretary of State’’. ize appropriations for fiscal year 2016 MCCAIN to the bill H.R. 1735, to author- (f) APPROPRIATE COMMITTEES OF CONGRESS for military activities of the Depart- ize appropriations for fiscal year 2016 DEFINED.—In this section, the term ‘‘appro- ment of Defense, for military construc- for military activities of the Depart- priate committees of Congress’’ means— tion, and for defense activities of the ment of Defense, for military construc- (1) the Committee on Armed Services, the tion, and for defense activities of the Committee on Foreign Relations, and the Department of Energy, to prescribe Committee on Appropriations of the Senate; military personnel strengths for such Department of Energy, to prescribe military personnel strengths for such and fiscal year, and for other purposes; (2) the Committee on Armed Services, the which was ordered to lie on the table; fiscal year, and for other purposes; Committee on Foreign Affairs, and the Com- as follows: which was ordered to lie on the table; mittee on Appropriations of the House of At the end of title IX, add the following: as follows: Representatives. On page 621, after line 22, add the fol- SEC. 904. GUIDELINES FOR CONVERSION OF On page 597, between lines 18 and 19, insert FUNCTIONS PERFORMED BY CIVIL- the following: lowing: IAN OR CONTRACTOR PERSONNEL (b) NOTICE TO CONGRESS ON CERTAIN ASSIST- (e) CONCURRENCE OF SECRETARY OF STATE TO PERFORMANCE BY MILITARY ANCE.—Section 1204(e) of such Act is amend- REQUIRED IN USE OF AUTHORITY.—Sub- PERSONNEL. ed by striking ‘‘the congressional defense sections (a) and (b)(1) of section 1236 of such Section 129a of title 10, United States Code, committees’’ and inserting ‘‘the appropriate Act (128 Stat. 3558) are each amended by is amended by adding at the end the fol- committees of Congress specified in sub- striking ‘‘in coordination with the Secretary lowing new subsection: section (g)(2)’’. of State’’ and inserting ‘‘with the concur- ‘‘(g) GUIDELINES FOR PERFORMANCE OF CER- On page 600, line 6, strike ‘‘in coordination rence of the Secretary of State’’. TAIN FUNCTIONS BY MILITARY PERSONNEL.—(1) with the Secretary of State’’ and insert On page 625, beginning on line 19, strike Except as provided in paragraph (2), no func- ‘‘with the concurrence of the Secretary of ‘‘the Committee on Armed Services’’ and all tions performed by civilian personnel or con- State’’. that follows through ‘‘of the House of Rep- tractors may be converted to performance by On page 600, beginning on line 21, strike resentatives’’ on line 22 and insert ‘‘the Com- military personnel unless— ‘‘the congressional defense committees’’ and mittee on Armed Services, the Committee on

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3970 CONGRESSIONAL RECORD — SENATE June 9, 2015 the Judiciary, and the Committee on For- On page 663, beginning on line 11, strike ‘‘(III) is otherwise lawfully present in the eign Relations of the Senate and the Com- ‘‘in consultation with the Secretary of United States, but only if such lawful pres- mittee on Armed Services, the Committee on State’’ and insert ‘‘with the concurrence of ence is based on an affirmative grant of the Judiciary, and the Committee on For- the Secretary of State’’. withholding of removal pursuant to section eign Affairs of the House of Representa- On page 677 between lines 2 and 3, insert 214(b)(3) of the Immigration and Nationality tives’’. the following: Act (8 U.S.C. 1231(b)(3)) or an affirmative On page 626, beginning 16, strike ‘‘the Com- (c) INCLUSION OF FOREIGN RELATIONS COM- grant of withholding or deferral of removal mittee on Armed Services of the Senate and MITTEES IN REPORTS.—Section 1513 of the Na- pursuant to Article 3 of the Convention the Committee on Armed Services of the tional Defense Authorization Act for Fiscal against Torture and other Cruel, Inhuman or House of Representatives’’ and insert ‘‘the Year 2008 is amended— Degrading Treatment or Punishment, done Committee on Armed Services and the Com- (1) in subsections (e) and (g), by striking at New York December 10, 1984.’’. mittee on Foreign Relations of the Senate ‘‘the congressional defense committees’’ and (b) EFFECTIVE DATE.—The amendments and the Committee on Armed Services and insert ‘‘the appropriate committees of Con- made by this section shall apply to taxable the Committee on Foreign Affairs of the gress’’; years beginning after December 31, 2014. House of Representatives’’. (2) by redesignating subsection (h) as sub- On page 634, line 21, strike ‘‘in coordina- section (i); and SA 1970. Mr. SESSIONS submitted an tion with the Secretary of State’’ and insert (3) by inserting after subsection (g) the fol- amendment intended to be proposed to ‘‘with the concurrence of the Secretary of lowing new subsection (h): State’’. ‘‘(h) APPROPRIATE COMMITTEES OF CON- amendment SA 1463 proposed by Mr. On page 640, beginning on line 19, strike GRESS DEFINED.—In this section, the term MCCAIN to the bill H.R. 1735, to author- ‘‘the Committee on Armed Services of the ‘appropriate committees of Congress’ ize appropriations for fiscal year 2016 Senate and the Committee on Armed Serv- means— for military activities of the Depart- ices of the House of Representatives’’ and in- ‘‘(1) the Committee on Armed Services, the ment of Defense, for military construc- sert ‘‘the appropriate committees of Con- Committee on Foreign Relations, and the tion, and for defense activities of the gress’’. Committee on Appropriations of the Senate; Department of Energy, to prescribe On page 641, strike ines 4 through 11, and and insert the following: ‘‘(2) the Committee on Armed Services, the military personnel strengths for such (g) DEFINITIONS.—In this section: Committee on Foreign Affairs, and the Com- fiscal year, and for other purposes; (1) The term ‘‘appropriate committees of mittee on Appropriations of the House of which was ordered to lie on the table; Congress’’ means— Representatives.’’. as follows: (A) the Committee on Armed Services and On page 682, beginning on line 8, strike At the appropriate place, insert the fol- the Committee on Foreign Relations of the ‘‘the Committees on Armed Services of the lowing: Senate; and Senate and the House of Representatives’’ —PROTECTION OF CHILDREN (B) the Committee on Armed Services and and insert ‘‘the appropriate committees of Subtitle ll the Committee on Foreign Affairs of the Congress’’. SEC. ll1. SHORT TITLE. House of Representatives. On page 682, beginning on line 16, strike This subtitle may be cited as the ‘‘Protec- (2) The term ‘‘incremental expenses’’ ‘‘the Committees on Armed Services of the tion of Children Act of 2015’’. means the reasonable and proper cost of the Senate and the House of Representatives’’ SEC. ll2. REPATRIATION OF UNACCOMPANIED goods and services that are consumed by a and insert ‘‘the appropriate committees of ALIEN CHILDREN. country as a direct result of that country’s Congress’’. (a) IN GENERAL.—Section 235 of the Wil- participation in training under the authority On page 683, between lines 3 and 4, insert liam Wilberforce Trafficking Victims Pro- of this section, including rations, fuel, train- the following: tection Reauthorization Act of 2008 (8 U.S.C. ing ammunition, and transportation. Such (4) APPROPRIATE COMMITTEES OF CONGRESS 1232) is amended— term does not include pay, allowances, and DEFINED.—In this subsection, the term ‘‘ap- (1) in subsection (a)— other normal costs of a country’s personnel. propriate committees of Congress’’ means— (A) in paragraph (2)— On page 642, beginning on line 25, strike (A) the Committee on Armed Services and (i) by amending the heading to read as fol- ‘‘in consultation with the Secretary of the Committee on Foreign Relations of the lows: ‘‘RULES FOR UNACCOMPANIED ALIEN CHIL- State’’ and insert ‘‘with the concurrence of Senate; and DREN.’’; the Secretary of State’’. (B) the Committee on Armed Services and (ii) in subparagraph (A); On page 643, beginning on line 1, strike the Committee on Foreign Affairs of the (I) in the matter preceding clause (i), by ‘‘the congressional defense committees’’ and House of Representatives. striking ‘‘who is a national or habitual resi- insert ‘‘the appropriate committees of Con- dent of a country that is contiguous with the gress’’. SA 1969. Mr. SESSIONS submitted an United States’’; On page 644, between lines 13 and 14, insert amendment intended to be proposed to (II) in clause (i), by inserting ‘‘and’’ at the the following: amendment SA 1463 proposed by Mr. end; (c) APPROPRIATE COMMITTEES OF CONGRESS MCCAIN to the bill H.R. 1735, to author- (III) in clause (ii), by striking ‘‘; and’’ and DEFINED.—In this section, the term ‘‘appro- inserting a period; and priate committees of Congress’’ means— ize appropriations for fiscal year 2016 (IV) by striking clause (iii); (1) the Committee on Armed Services, the for military activities of the Depart- (iii) in subparagraph (B)— Committee on Foreign Relations, and the ment of Defense, for military construc- (I) in the matter preceding clause (i), by Committee on Appropriations of the Senate; tion, and for defense activities of the striking ‘‘(8 U.S.C. 1101 et seq.) may—’’ and and Department of Energy, to prescribe inserting ‘‘(8 U.S.C. 1101 et seq.)—’’; (2) the Committee on Armed Services, the military personnel strengths for such (II) in clause (i), by inserting before ‘‘per- Committee on Foreign Affairs, and the Com- fiscal year, and for other purposes; mit such child to withdraw’’ the following: mittee on Appropriations of the House of which was ordered to lie on the table; ‘‘may’’; and Representatives. On page 652, line 20, insert after ‘‘the Sec- as follows: (III) in clause (ii), by inserting before ‘‘re- retary of Defense’’ the following: ‘‘, with the At the appropriate place, insert the fol- turn such child’’ the following: ‘‘shall’’; and concurrence of the Secretary of State,’’. lowing: (iv) in subparagraph (C)— On page 654, line 12, strike ‘‘the congres- SEC. lll. PRESERVING THE INTEGRITY OF THE (I) by amending the heading to read as fol- sional defense committees’’ and insert ‘‘the EARNED INCOME TAX CREDIT. lows: ‘‘AGREEMENTS WITH FOREIGN COUN- appropriate committees of Congress’’. (a) IN GENERAL.—Paragraph (1) of section TRIES.’’; and On page 655, between lines 14 and 15, insert 32(c) of the Internal Revenue Code of 1986 is (II) in the matter preceding clause (i), by the following: amended by adding at the end the following striking ‘‘The Secretary of State shall nego- (h) APPROPRIATE COMMITTEES OF CONGRESS new subparagraph: tiate agreements between the United States DEFINED.—In this section, the term ‘‘appro- ‘‘(G) PROHIBITION ON PROVISION OF CREDIT and countries contiguous to the United priate committees of Congress’’ means— TO CERTAIN IMMIGRANTS.— States’’ and inserting ‘‘The Secretary of (1) the Committee on Armed Services, the ‘‘(i) IN GENERAL.—In the case of any alien State may negotiate agreements between the Committee on Foreign Relations, and the not described in clause (ii), no credit shall be United States and any foreign country that Committee on Appropriations of the Senate; allowed under this section for any taxable the Secretary determines appropriate’’; and and year. (B) in paragraph (5)(D)— (2) the Committee on Armed Services, the ‘‘(ii) AUTHORIZED ALIENS.—An alien is de- (i) in the matter preceding clause (i), by Committee on Foreign Affairs, and the Com- scribed in this clause if such alien— striking ‘‘, except for an unaccompanied mittee on Appropriations of the House of ‘‘(I) is lawfully admitted for permanent alien child from a contiguous country sub- Representatives. residence, ject to the exceptions under subsection On page 661, beginning on line 24, strike ‘‘(II) otherwise has lawful status and is au- (a)(2),’’ and inserting ‘‘who does not meet the ‘‘in consultation with the Secretary of thorized to be employed in the United States criteria listed in paragraph (2)(A)’’; and State’’ and insert ‘‘with the concurrence of pursuant to an affirmative grant of such au- (ii) in clause (i), by inserting before the the Secretary of State’’. thority under the immigration laws, or semicolon at the end the following: ‘‘, which

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shall include a hearing before an immigra- (b) EFFECTIVE DATE.—The amendments Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall tion judge not later than 14 days after being made by this section shall apply to any unbe accompanied by a recording of the inter- screened under paragraph (4)’’; authorized alien child apprehended on or view which served as the basis for that sworn (2) in subsection (b)— after June 15, 2012. statement. (A) in paragraph (2)— SEC. ll3. SPECIAL IMMIGRANT JUVENILE STA- (c) INTERPRETERS.—The Secretary of (i) in subparagraph (A), by inserting before TUS FOR IMMIGRANTS UNABLE TO Homeland Security shall ensure that a com- the semicolon the following: ‘‘believed not to REUNITE WITH EITHER PARENT. petent interpreter, not affiliated with the meet the criteria listed in subsection Section 101(a)(27)(J)(i) of the Immigration government of the country from which the (a)(2)(A)’’; and and Nationality Act (8 U.S.C. alien may claim asylum, is used when the (ii) in subparagraph (B), by inserting before 1101(a)(27)(J)(i)) is amended by striking ‘‘1 or interviewing officer does not speak a language understood by the alien and there is the period the following: ‘‘and does not meet both of the immigrant’s parents’’ and insert- no other Federal, State, or local government the criteria listed in subsection (a)(2)(A)’’; ing ‘‘either of the immigrant’s parents’’. employee available who is able to interpret and SEC. ll4. JURISDICTION OF ASYLUM APPLICA- effectively, accurately, and impartially. (B) in paragraph (3), by striking ‘‘an unac- TIONS. Section 208(b)(3) of the Immigration and (d) RECORDINGS IN IMMIGRATION PRO- companied alien child in custody shall’’ and CEEDINGS.—Recordings of interviews of aliens Nationality Act (8 U.S.C. 1158) is amended by all that follows, and inserting the following: subject to expedited removal shall be in- striking subparagraph (C). ‘‘an unaccompanied alien child in custody— cluded in the record of proceeding and shall ‘‘(A) in the case of a child who does not SA 1971. Mr. SESSIONS submitted an be considered as evidence in any further pro- meet the criteria listed in subsection ceedings involving the alien. (a)(2)(A), shall transfer the custody of such amendment intended to be proposed to (e) NO PRIVATE RIGHT OF ACTION.—Nothing child to the Secretary of Health and Human amendment SA 1463 proposed by Mr. in this section may be construed to create Services not later than 30 days after deter- MCCAIN to the bill H.R. 1735, to author- any right, benefit, trust, or responsibility, mining that such child is an unaccompanied ize appropriations for fiscal year 2016 whether substantive or procedural, enforce- alien child who does not meet such criteria; for military activities of the Depart- able in law or equity by a party against the or ment of Defense, for military construc- United States, its departments, agencies, in- ‘‘(B) in the case of child who meets the cri- tion, and for defense activities of the strumentalities, entities, officers, employ- teria listed in subsection (a)(2)(A), may ees, or agents, or any person, nor does this transfer the custody of such child to the Sec- Department of Energy, to prescribe section create any right of review in any ad- retary of Health and Human Services after military personnel strengths for such ministrative, judicial, or other proceeding. determining that such child is an unaccom- fiscal year, and for other purposes; SEC. ll6. PAROLE REFORM. panied alien child who meets such criteria.’’; which was ordered to lie on the table; (a) IN GENERAL.—Section 212(d)(5) of the and as follows: Immigration and Nationality Act (8 U.S.C. (3) in subsection (c)— At the appropriate place, insert the fol- 1182(d)(5)) is amended to read as follows: (A) in paragraph (3), by inserting at the lowing: ‘‘(5) HUMANITARIAN AND PUBLIC INTEREST end the following: PAROLE.— Subtitle ll Asylum Reform and Border ‘‘(D) INFORMATION ABOUT INDIVIDUALS WITH ‘‘(A) IN GENERAL.—Subject to the provi- Protection WHOM CHILDREN ARE PLACED.— sions of this paragraph and section 214(f)(2), ‘‘(i) INFORMATION TO BE PROVIDED TO HOME- SEC. ll1. SHORT TITLE. the Secretary of Homeland Security, in the LAND SECURITY.—Before placing a child with This subtitle may be cited as the ‘‘Asylum sole discretion of the Secretary of Homeland an individual, the Secretary of Health and Reform and Border Protection Act of 2015’’. Security, may on a case-by-case basis parole Human Services shall provide to the Sec- SEC. ll2. CLARIFICATION OF INTENT REGARD- an alien into the United States temporarily, retary of Homeland Security, regarding the ING TAXPAYER-PROVIDED COUNSEL. under such conditions as the Secretary of individual with whom the child will be Section 292 of the Immigration and Nation- Homeland Security may prescribe, only— placed, the following information: ality Act (8 U.S.C. 1362) is amended— ‘‘(i) for an urgent humanitarian reason (as ‘‘(I) The name of the individual. (1) by striking ‘‘(at no expense to the Gov- described under subparagraph (B)); or ‘‘(II) The social security number of the in- ernment)’’; and ‘‘(ii) for a reason deemed strictly in the dividual. (2) by adding at the end the following: public interest (as described under subpara- ‘‘(III) The date of birth of the individual. ‘‘Notwithstanding any other provision of graph (C)). ‘‘(IV) The location of the individual’s resi- law, in no instance shall the Government ‘‘(B) HUMANITARIAN PAROLE.—The Sec- dence where the child will be placed. bear any expense for counsel for any person retary of Homeland Security may parole an ‘‘(V) The immigration status of the indi- in removal proceedings or in any appeal pro- alien based on an urgent humanitarian rea- vidual, if known. ceedings before the Attorney General from son described in this subparagraph only if— ‘‘(VI) Contact information for the indi- any such removal proceedings.’’. ‘‘(i) the alien has a medical emergency and vidual. SEC. ll3. SPECIAL IMMIGRANT JUVENILE the alien cannot obtain necessary treatment ‘‘(ii) SPECIAL RULE.—In the case of a child VISAS. in the foreign state in which the alien is re- who was apprehended on or after June 15, Section 101(a)(27)(J)(i) of the Immigration siding or the medical emergency is life- 2012, and before the date of the enactment of and Nationality Act (8 U.S.C. threatening and there is insufficient time for the Protection of Children Act of 2015, who 1101(a)(27)(J)(i)) is amended by striking ‘‘and the alien to be admitted through the normal the Secretary of Health and Human Services whose reunification with 1 or both of the im- visa process; placed with an individual, the Secretary migrant’s parents is not viable due’’ and in- ‘‘(ii) the alien is needed in the United shall provide the information listed in clause serting ‘‘and who cannot be reunified with States in order to donate an organ or other (i) to the Secretary of Homeland Security either of the immigrant’s parents due’’. tissue for transplant into a close family not later than 90 days after the date of the SEC. ll4. CREDIBLE FEAR INTERVIEWS. member; enactment of the Protection of Children Act Section 235(b)(1)(B)(v) of the Immigration ‘‘(iii) the alien has a close family member of 2015. and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) in the United States whose death is immi- ‘‘(iii) ACTIVITIES OF THE SECRETARY OF is amended by striking ‘‘208.’’ and inserting nent and the alien could not arrive in the HOMELAND SECURITY.—Not later than 30 days ‘‘208, and it is more probable than not that United States in time to see such family after receiving the information listed in the statements made by the alien in support member alive if the alien were to be admit- clause (i), the Secretary of Homeland Secu- of the alien’s claim are true.’’. ted through the normal visa process; rity shall— SEC. ll5. RECORDING EXPEDITED REMOVAL ‘‘(iv) the alien is a lawful applicant for ad- ‘‘(I) in the case that the immigration sta- AND CREDIBLE FEAR INTERVIEWS. justment of status under section 245; or tus of an individual with whom a child is (a) IN GENERAL.—The Secretary of Home- ‘‘(v) the alien was lawfully granted status placed is unknown, investigate the immigra- land Security shall establish quality assur- under section 208 or lawfully admitted under tion status of that individual; and ance procedures and take steps to effectively section 207. ‘‘(II) upon determining that an individual ensure that questions by employees of the ‘‘(C) PUBLIC INTEREST PAROLE.—The Sec- with whom a child is placed is unlawfully Department of Homeland Security exercising retary of Homeland Security may parole an present in the United States, initiate re- expedited removal authority under section alien based on a reason deemed strictly in moval proceedings pursuant to chapter 4 of 235(b) of the Immigration and Nationality the public interest described in this subpara- title II of the Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform graph only if the alien has assisted the Act (8 U.S.C. 1221 et seq.).’’; and manner, and that both these questions and United States Government in a matter, such (B) in paragraph (5)— the answers provided in response to them are as a criminal investigation, espionage, or (i) by inserting after ‘‘to the greatest ex- recorded in a uniform fashion. other similar law enforcement activity, and tent practicable’’ the following: ‘‘(at no ex- (b) FACTORS RELATING TO SWORN STATE- either the alien’s presence in the United pense to the Government)’’; and MENTS.—Where practicable, any sworn or States is required by the Government or the (ii) by striking ‘‘have counsel to represent signed written statement taken of an alien alien’s life would be threatened if the alien them’’ and inserting ‘‘have access to counsel as part of the record of a proceeding under were not permitted to come to the United to represent them’’. section 235(b)(1)(A) of the Immigration and States.

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‘‘(D) LIMITATION ON THE USE OF PAROLE AU- tion regarding their asylum claim by the im- SEC. ll13. ADDITIONAL IMMIGRATION JUDGES THORITY.—The Secretary of Homeland Secu- migration courts— AND ICE PROSECUTORS. rity may not use the parole authority under (A) respect the interests of aliens; and (a) EXECUTIVE OFFICE FOR IMMIGRATION RE- this paragraph to permit to come to the (B) ensure the presence of the aliens at the VIEW.—Subject to the availability of appro- United States aliens who have applied for immigration court proceedings; and priations, in each of fiscal years 2015 through and have been found to be ineligible for ref- (2) an assessment on corresponding failure 2017, the Attorney General shall increase by ugee status or any alien to whom the provi- to appear rates, in absentia orders, and ab- not less than 50 the number of positions for sions of this paragraph do not apply. sconders. full-time immigration judges within the Ex- ‘‘(E) PAROLE NOT AN ADMISSION.—Parole of SEC. ll8. UNACCOMPANIED ALIEN CHILD DE- ecutive Office for Immigration Review above an alien under this paragraph shall not be FINED. the number of such positions for which funds considered an admission of the alien into the Section 462(g)(2) of the Homeland Security were allotted for fiscal year 2014. United States. When the purposes of the pa- Act of 2002 (6 U.S.C. 279(g)(2)) is amended to (b) IMMIGRATION AND CUSTOMS ENFORCE- role of an alien have been served, as deter- read as follows: MENT OFFICE OF THE PRINCIPAL LEGAL ADVI- mined by the Secretary of Homeland Secu- ‘‘(2) the term ‘unaccompanied alien SOR.—Subject to the availability of appro- rity, the alien shall immediately return or child’— priations, in each of the fiscal years 2015 be returned to the custody from which the ‘‘(A) means an alien who— through 2017, the Secretary of Homeland Se- alien was paroled and the alien shall be con- ‘‘(i) has no lawful immigration status in curity shall increase by not less than 60 the sidered for admission to the United States on the United States; number of positions for full-time trial attor- the same basis as other similarly situated ‘‘(ii) has not attained 18 years of age; and neys within the Immigration and Customs applicants for admission. ‘‘(iii) with respect to whom— Enforcement Office of the Principal Legal ‘‘(F) REPORT TO CONGRESS.—Not later than ‘‘(I) there is no parent or legal guardian in Advisor above the number of such positions 90 days after the end of each fiscal year, the the United States; for which funds were allotted for fiscal year Secretary of Homeland Security shall sub- ‘‘(II) no parent or legal guardian in the 2014. mit a report to the Committees on the Judi- United States is available to provide care SEC. ll14. MINORS IN DEPARTMENT OF HEALTH ciary of the House of Representatives and and physical custody; or AND HUMAN SERVICES CUSTODY. the Senate describing the number and cat- ‘‘(III) no sibling over 18 years of age, aunt, Section 235(c)(2)(A) of the William Wilber- egories of aliens paroled into the United uncle, grandparent, or cousin over 18 years of force Trafficking Victims Protection Reau- States under this paragraph. Each such re- age is available to provide care and physical thorization Act of 2008 (8 U.S.C. 1232(c)(2)(A)) port shall contain information and data con- custody; except that is amended by striking the last two sen- cerning the number and categories of aliens ‘‘(B) such term shall cease to include an tences. paroled, the duration of parole, and the cur- alien if at any time a parent, legal guardian, SEC. ll15. FOREIGN ASSISTANCE FOR REPATRI- rent status of aliens paroled during the pre- sibling over 18 years of age, aunt, uncle, ATION. ceding fiscal year.’’. grandparent, or cousin over 18 years of age of (a) SUSPENSION OF FOREIGN ASSISTANCE.— (b) EFFECTIVE DATE.—The amendment the alien is found in the United States and is The Secretary of State shall immediately made by subsection (a) shall take effect on available to provide care and physical cus- suspend all foreign assistance, including the first day of the first month beginning tody (and the Secretary of Homeland Secu- under United States Agency for Inter- more than 60 days after the date of the en- rity and the Secretary of Health and Human national Development programs, the Central actment of this Act. Services shall revoke accordingly any prior American Regional Security Initiative, or SEC. ll7. REPORT TO CONGRESS ON PAROLE designation of the alien under this para- the International Narcotic Control Law En- PROCEDURES AND STANDARDIZA- graph).’’. forcement program, to any large sending TION OF PAROLE PROCEDURES. SEC. ll9. MODIFICATIONS TO PREFERENTIAL country that— (a) IN GENERAL.—Not later than 180 days AVAILABILITY FOR ASYLUM FOR UN- (1) refuses to negotiate an agreement under after the date of the enactment of this Act, ACCOMPANIED ALIEN MINORS. section 235(a)(2) of the William Wilberforce Section 208 of the Immigration and Nation- and annually thereafter, the Attorney Gen- Trafficking Victims Protection Reauthoriza- ality Act (8 U.S.C. 1158) is amended— eral and the Secretary of Homeland Security tion Act of 2008 (8 U.S.C. 1232(a)(2)); or (1) by striking subsection (a)(2)(E); and shall jointly conduct a review, and submit a (2) refuses to accept from the United (2) by striking subsection (b)(3)(C). report to the Committee on the Judiciary of States repatriated unaccompanied alien chil- the Senate and the Committee on the Judici- SEC. ll10. NOTIFICATION AND TRANSFER OF dren (as defined in section 462(g)(2) of the CUSTODY REGARDING UNACCOM- ary of the House of Representatives regard- PANIED ALIEN MINORS. Homeland Security Act of 2002 (6 U.S.C. ing the effectiveness of parole and custody Section 235(b) of the William Wilberforce 279(g))) who are nationals or residents of the determination procedures applicable to Trafficking Victims Protection Reauthoriza- sending country. aliens who have established a credible fear of tion Act of 2008 (8 U.S.C. 1232(b)) is amend- (b) USE OF FOREIGN ASSISTANCE FOR REPA- persecution and are awaiting a final deter- ed— TRIATION.—The Secretary of State shall pro- mination regarding their asylum claim by (1) in paragraph (2), by striking ‘‘48 hours’’ vide any additional foreign assistance from the immigration courts. The report shall in- and inserting ‘‘7 days’’; and the United States that such Secretary deter- clude the following: (2) in paragraph (3), by striking ‘‘72 hours’’ mines is needed to implement an agreement (1) An analysis of the rate at which release and inserting ‘‘30 days’’. under section 235(a)(2) of the William Wilber- from detention (including release on parole) SEC. ll11. INFORMATION SHARING BETWEEN force Trafficking Victims Protection Reau- is granted to aliens who have established a DEPARTMENT OF HEALTH AND thorization Act of 2008 (8 U.S.C. 1232(a)(2)) or credible fear of persecution and are awaiting HUMAN SERVICES AND DEPART- safely to repatriate or reintegrate nationals a final determination regarding their asylum MENT OF HOMELAND SECURITY. or residents of a large sending country with- claim by the immigration courts throughout Section 235(b) of the William Wilberforce out increasing the total quantity of foreign the United States, and any disparity that ex- Trafficking Victims Protection Reauthoriza- assistance to such country. Such country ists between locations or geographical areas, tion Act of 2008 (8 U.S.C. 1232(b)) is amended may use any earlier foreign assistance for including explanation of the reasons for this by adding at the end the following: the purpose of repatriation or implementa- disparity and what actions are being taken ‘‘(5) INFORMATION SHARING.—The Secretary tion of any agreement under such section to have consistent and uniform application of Health and Human Services shall share 235(a)(2). of the standards for granting parole. with the Secretary of Homeland Security (c) DEFINITION OF LARGE SENDING PRO- (2) An analysis of the effect of the proce- any information requested on a child who GRAM.—In this section, the term ‘‘large send- dures and policies applied with respect to pa- has been determined to be an unaccompanied ing country’’ means— role and custody determinations both by the alien child and who is or has been in the cus- (1) any country which was the country of Attorney General and the Secretary on the tody of the Secretary of Health and Human nationality or last habitual residence for alien’s pursuit of their asylum claim before Services, including the location of the child 1,000 or more unaccompanied alien children an immigration court. and any person to whom custody of the child (as defined in section 462(g)(2) of the Home- (3) An analysis of the effectiveness of the has been transferred, for any legitimate law land Security Act of 2002 (6 U.S.C. 279(g))) procedures and policies applied with respect enforcement objective, including enforce- who entered the United States in a single fis- to parole and custody determinations both ment of the immigration laws.’’. cal year in any of the prior 3 fiscal years; by the Attorney General and the Secretary SEC. ll12. SAFE THIRD COUNTRY. and in securing the alien’s presence at the immi- Section 208(a)(2)(A) of the Immigration and (2) any other country which the Secretary gration court proceedings. Nationality Act (8 U.S.C. 1158(a)(2)(A)) is of Homeland Security deems appropriate. (b) RECOMMENDATIONS.—The report sub- amended— (d) EFFECTIVE DATE.—This section shall mitted under subsection (a) should include— (1) by striking ‘‘Attorney General’’ and in- take effect on the date of the enactment of (1) recommendations with respect to serting ‘‘Secretary of Homeland Security’’; this Act and shall apply with respect to any whether the existing parole and custody de- and unaccompanied alien child (as defined in sec- termination procedures applicable to aliens (2) by striking ‘‘removed, pursuant to a bi- tion 462(g)(2) of the Homeland Security Act who have established a credible fear of perse- lateral or multilateral agreement, to’’ and of 2002 (6 U.S.C. 279(g))) apprehended on or cution and are awaiting a final determina- inserting ‘‘removed to’’. after such date.

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REPORTS. slavery, enforced prostitution, forced preg- U.S.C. 1157(a)) is amended by adding at the (a) IN GENERAL.—Not later than 6 months nancy, enforced sterilization, or any other end the following: after the date of the enactment of this Act, form of sexual violence of comparable grav- ‘‘(5) For any fiscal year, not more than 500 and annually thereafter, the Secretary of ity; aliens may be admitted under this section, State and the Secretary of Health and ‘‘(V) persecution on political racial, na- or granted asylum under section 208, pursu- Human Services, with assistance from the tional, ethnic, cultural, religious, or gender ant to a determination under section Secretary of Homeland Security, shall sub- grounds; 101(a)(42) that the alien is described in the mit a report to the Committee on the Judici- ‘‘(VI) enforced disappearance of persons; or final sentence of section 101(a)(42) (as added ary of the Senate and the Committee on the ‘‘(VII) other inhumane acts of a similar by section 21 of the Asylum Reform and Bor- Judiciary of the House of Representatives on character intentionally causing great suf- der Protection Act of 2015).’’. efforts to improve repatriation programs for fering or serious bodily or mental injury, (c) EFFECTIVE DATES.— unaccompanied alien children (as defined in is in admissible.’’. (1) IN GENERAL.—The amendment made by section 462(g)(2) of the Homeland Security (b) NONAPPLICABILITY OF CONFIDENTIALITY subsection (a) shall take effect on the date of Act of 2002 (6 U.S.C. 279(g))). Such reports REQUIREMENT WITH RESPECT TO VISA the enactment of this Act and shall apply to shall include the following: RECORDS.—The President may make public, failure or refusal to comply with a law or (1) The average time that such a child is without regard to the requirements under regulation, or other resistance to a law or detained after apprehension until removal. section 222(f) of the Immigration and Nation- regulation, occurring before, on, or after (2) The number of such children detained ality Act (8 U.S.C. 1202(f)), with respect to such date. improperly beyond the required time periods confidentiality of records pertaining to the (2) NUMERICAL LIMITATION.—The amend- under paragraphs (2) and (3) of section 235(b) issuance or refusal of visas or permits to ment made by subsection (b) shall take ef- of the William Wilberforce Trafficking Vic- enter the United States, the names of aliens fect beginning on the first day of the first tims Protection Reauthorization Act of 2008 deemed inadmissible on the basis of section fiscal year beginning after the date of the en- (8 U.S.C. 1232(b)). 212(a)(3)(E)(iii) of the Immigration and Na- actment of this Act. (3) A statement of the funds used to effec- tionality Act, as amended by subsection (a). SEC. ll22. NOTICE CONCERNING FRIVOLOUS tuate the repatriation of such children, in- SEC. ll19. FIRM RESETTLEMENT. ASYLUM APPLICATIONS:. cluding any funds that were reallocated from Section 208(b)(2)(A)(vi) of the Immigration (a) IN GENERAL.—Section 208(d)(4) of the foreign assistance accounts as of the date of and Nationality Act (8 U.S.C. Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended— the enactment of this Act. 1158(b)(2)(A)(vi)) is amended by striking (1) in the matter preceding subparagraph (b) EFFECTIVE DATE.—This section shall ‘‘States.’’ and inserting ‘‘States, which shall take effect on the date of the enactment of be considered demonstrated by evidence that (A), by inserting ‘‘the Secretary of Homeland this Act and shall apply with respect to any the alien can live in such country (in any Security or’’ before ‘‘the Attorney General’’; unaccompanied alien child (as defined in sec- legal status) without fear of persecution.’’. (2) in subparagraph (A), by striking ‘‘and of the consequences, under paragraph (6), of tion 462(g)(2) of the Homeland Security Act SEC. ll20. TERMINATION OF ASYLUM STATUS of 2002 (6 U.S.C. 279(g))) apprehended on or PURSUANT TO RETURN TO HOME knowingly filing a frivolous application for after such date. COUNTRY. asylum’’; (a) TERMINATION OF STATUS.—Except as (3) in subparagraph (B), by striking the pe- SEC. ll17. WITHHOLDING OF REMOVAL. provided in subsections (b) and (c), any alien riod and inserting ‘‘; and’’; (a) IN GENERAL.—Section 241(b)(3) of the who is granted asylum or refugee status (4) by adding at the end the following: Immigration and Nationality Act (8 U.S.C. under the Immigration and Nationality Act ‘‘(C) ensure that a written warning appears 1231(b)(3)) is amended— (8 U.S.C. 1101 et seq.), who, without a com- on the asylum application advising the alien (1) by adding at the end of subparagraph pelling reason as determined by the Sec- of the consequences of filing a frivolous ap- (A) the following: retary, subsequently returns to the country plication.’’; and ‘‘The burden of proof shall be on the alien to of such alien’s nationality or, in the case of (5) by inserting after subparagraph (C) the establish that the alien’s life or freedom an alien having no nationality, returns to following: would be threatened in that country, and any country in which such alien last habit- ‘‘The written warning referred to in subpara- that race, religion, nationality, membership ually resided, and who applied for such sta- graph (C) shall serve as notice to the alien of in a particular social group, or political tus because of persecution or a well-founded the consequences of filing a frivolous appli- opinion would be at least one central reason fear of persecution in that country on ac- cation.’’. for such threat.’’;’’; and count of race, religion, nationality, member- (b) CONFORMING AMENDMENT.—Section (2) in subparagraph (C), by striking ‘‘In de- ship in a particular social group, or political 208(d)(6) of the Immigration and Nationality termining whether an alien has dem- opinion, shall have his or her status termi- Act (8 U.S.C. 1158(d)(6)) is amended by strik- onstrated that the alien’s life or freedom nated. ing ‘‘paragraph (4)(A)’’ and inserting ‘‘para- would be threatened for a reason described in (b) WAIVER.—The Secretary has discretion graph (4)(C)’’. subparagraph (A),’’ and inserting ‘‘For pur- to waive subsection (a) if it is established to SEC. ll23. TERMINATION OF ASYLUM STATUS. poses of this paragraph,’’. the satisfaction of the Secretary that the Section 208(c) of the Immigration and Na- (b) EFFECTIVE DATE.—The amendments alien had a compelling reason for the return. tionality Act (8 U.S.C. 1158(c)) is amended by made by subsection (a) shall take effect as if The waiver may be sought prior to departure adding at the end the following: enacted on May 11, 2005, and shall apply to from the United States or upon return. ‘‘(4) If an alien’s asylum status is subject applications for withholding of removal (c) EXCEPTION FOR CERTAIN ALIENS FROM to termination under paragraph (2), the im- made on or after such date. CUBA.—Subsection (a) shall not apply to an migration judge shall first determine wheth- SEC. ll18. GROSS VIOLATIONS OF HUMAN alien who is eligible for adjustment to that er the conditions specified under paragraph RIGHTS. of an alien lawfully admitted for permanent (2) have been met, and if so, terminate the (a) INADMISSIBILITY OF CERTAIN ALIENS.— residence pursuant to the Cuban Adjustment alien’s asylum status before considering Section 212(a)(3)(E)(iii) of the Immigration Act of 1966 (Public Law 89–732). whether the alien is eligible for adjustment and Nationality Act (8 U.S.C. SEC. ll21. ASYLUM CASES FOR HOME of status under section 209.’’. 1182(a)(3)(E)(iii)) is amended to read as fol- SCHOOLERS. lows: (a) IN GENERAL.—Section 101(a)(42) (8 SA 1972. Mr. SESSIONS (for Mr. VIT- ‘‘(iii) COMMISSION OF ACTS OF TORTURE, U.S.C. 1101(a)(42)) is amended by adding at TER) submitted an amendment in- EXTRAJUDICIAL KILLINGS, WAR CRIMES, OR the end the following: ‘‘For purposes of de- tended to be proposed to amendment WIDESPREAD OR SYSTEMATIC ATTACKS ON CI- terminations under this Act, a person who SA 1463 proposed by Mr. MCCAIN to the VILIANS.—Any alien who planned, ordered, has been persecuted for failure or refusal to bill H.R. 1735, to authorize appropria- assisted, aided and abetted, committed, or comply with any law or regulation that pre- tions for fiscal year 2016 for military otherwise participated in, including through vents the exercise of the individual right of activities of the Department of De- command responsibility and without regard that person to direct the upbringing and edu- fense, for military construction, and to motivation or intent, the commission of— cation of a child of that person (including ‘‘(I) any act of torture (as defined in sec- any law or regulation preventing for defense activities of the Depart- tion 2340 of title 18, United States Code); homeschooling), or for other resistance to ment of Energy, to prescribe military ‘‘(II) any extrajudicial killing (as defined such a law or regulation, shall be deemed to personnel strengths for such fiscal in section 3(a) of the Torture Victim Protec- have been persecuted on account of member- year, and for other purposes; which was tion Act of 1991 (28 U.S.C. 1350 note)) under ship in a particular social group, and a per- ordered to lie on the table; as follows: color of law of any foreign nation; son who has a well founded fear that he or At the end of subtitle G of title X, add the ‘‘(III) a war crime (as defined in section she will be subject to persecution for such following: 2441 of title 18, United States Code); or failure, refusal, or resistance shall be deemed SEC. 1085. CITIZENSHIP AT BIRTH FOR CERTAIN ‘‘(IV) a widespread or systematic attack di- to have a well founded fear of persecution on PERSONS BORN IN THE UNITED rected against a civilian population, with account of membership in a particular social STATES. knowledge of the attack, murder, extermi- group.’’. (a) IN GENERAL.—Section 301 of the Immi- nation, enslavement, forcible transfer of pop- (b) NUMERICAL LIMITATION.—Section 207(a) gration and Nationality Act (8 U.S.C. 1401) is ulation, arbitrary detention, rape, sexual of the Immigration and Nationality Act (8 amended—

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3974 CONGRESSIONAL RECORD — SENATE June 9, 2015 (1) by inserting ‘‘(a) IN GENERAL.—’’ before Foreign Relations be authorized to proceed to executive session to con- ‘‘The following’’; meet during the session of the Senate sider Executive Calendar No. 77; that (2) by redesignating subsections (a) on June 9, 2015, at 2:30 p.m. the nomination be confirmed and the through (h) as paragraphs (1) through (8), re- The PRESIDING OFFICER. Without motion to reconsider be considered spectively, and indenting such paragraphs, as redesignated, an additional 2 ems to the objection, it is so ordered. made and laid upon the table with no right; and COMMITTEE ON HOMELAND SECURITY AND intervening action or debate; that no (3) by adding at the end the following: GOVERNMENTAL AFFAIRS further motions be in order; that any ‘‘(b) DEFINITION.—Acknowledging the right Mr. ENZI. Mr. President, I ask unani- statements related to the nomination of birthright citizenship established by sec- mous consent that the Committee on be printed in the RECORD; that the tion 1 of the 14th Amendment to the Con- Homeland Security and Governmental President be immediately notified of stitution of the United States, a person born Affairs be authorized to meet during the Senate’s action and the Senate in the United States shall be considered ‘sub- the session of the Senate on June 9, then resume legislative session. ject to the jurisdiction’ of the United States for purposes of subsection (a)(1) only if the 2015, at 10:30 a.m. to conduct a hearing The PRESIDING OFFICER. Without person is born in the United States and at entitled ‘‘Oversight of the Transpor- objection, it is so ordered. least 1 of the person’s parents is— tation Security Administration: First- The nomination considered and con- ‘‘(1) a citizen or national of the United Hand and Government Watchdog Ac- firmed is as follows: States; counts of Agency Challenges.’’ IN THE ARMY ‘‘(2) an alien lawfully admitted for perma- The PRESIDING OFFICER. Without The following named officers for appoint- nent residence in the United States whose objection, it is so ordered. ment in the United States Army to the grade residence is in the United States; or indicated under title 10, U.S.C., section 624: ‘‘(3) an alien performing active service in COMMITTEE ON VETERANS’ AFFAIRS the armed forces (as defined in section 101 of Mr. ENZI. Mr. President, I ask unani- To be major general title 10, United States Code).’’. mous consent that the Committee on Brig. Gen. Anthony C. Funkhouser (b) APPLICABILITY.—The amendment made Veterans’ Affairs be authorized to meet Brig. Gen. Donald E. Jackson, Jr. by subsection (a)(3) may not be construed to during the session of the Senate on Brig. Gen. Kent D. Savre affect the citizenship or nationality status of June 9, 2015. f any person born before the date of the enact- The PRESIDING OFFICER. Without LEGISLATIVE SESSION ment of this Act. objection, it is so ordered. (c) SEVERABILITY.—If any provision of this The PRESIDING OFFICER. The Sen- section or any amendment made by this sec- SELECT COMMITTEE ON INTELLIGENCE tion, or any application of such provision or Mr. ENZI. Mr. President, I ask unani- ate will now resume legislative session. amendment to any person or circumstance, mous consent that the Select Com- f is held to be unconstitutional, the remainder mittee on Intelligence be authorized to COLLECTOR CAR APPRECIATION of the provisions of this Act and the amend- meet during the session of the Senate DAY ments made by this Act and the application on June 9, 2015, at 2:30 p.m. of the provision or amendment to any other Mr. BARRASSO. Mr. President, I ask person or circumstance shall not be affected. The PRESIDING OFFICER. Without objection, it is so ordered. unanimous consent that the Senate proceed to the consideration of S. Res. SA 1973. Mr. SESSIONS (for Mr. VIT- f 196, submitted earlier today. TER) submitted an amendment in- PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. The tended to be proposed to amendment clerk will report the resolution by SA 1463 proposed by Mr. MCCAIN to the Mr. NELSON. Mr. President, I ask unanimous consent that Shaun Easley, title. bill H.R. 1735, to authorize appropria- The bill clerk read as follows: tions for fiscal year 2016 for military a Defense fellow serving on my staff, activities of the Department of De- during consideration of the bill H.R. A bill (S. Res. 196) designating July 10, 1735, the Defense authorization bill. 2015, as Collector Car Appreciation Day and fense, for military construction, and recognizing that the collection and restora- for defense activities of the Depart- The PRESIDING OFFICER. Without objection, it is so ordered. tion of historic and classic cars is an impor- ment of Energy, to prescribe military tant part of preserving the technological personnel strengths for such fiscal Mr. WICKER. Mr. President, it is my achievements and cultural heritage of the year, and for other purposes; which was privilege to ask unanimous consent United States. that Capt. Matthew T. Reeder, a U.S. ordered to lie on the table; as follows: There being no objection, the Senate Marine Corps national security fellow At the end of subtitle C of title V, add the proceeded to consider the resolution. in Senator AYOTTE’s office, be granted following: Mr. BARRASSO. Mr. President, I ask floor privileges for the remainder of SEC. 524. REPEAL OF DISCRETIONARY AUTHOR- unanimous consent that the resolution this Congress. ITY TO AUTHORIZE CERTAIN EN- be agreed to, the preamble be agreed LISTMENTS IN THE ARMED FORCES. The PRESIDING OFFICER. Without to, and the motions to reconsider be Section 504(b) of title 10, United States objection, it is so ordered. laid upon the table with no intervening Code, is amended— Mr. SCHUMER. Mr. President, I ask action or debate. (1) by striking paragraph (2); unanimous consent that Kathleen The PRESIDING OFFICER. Without (2) by striking ‘‘(1)’’; and Perry, a fellow in my office, be granted objection, it is so ordered. (3) by redesignating subparagraphs (A), (B), the privileges of the floor during the and (C) as paragraphs (1), (2), and (3), respec- The resolution (S. Res. 196) was consideration of H.R. 1735, the Defense tively. agreed to. authorization bill. f The PRESIDING OFFICER. Without The preamble was agreed to. AUTHORITY FOR COMMITTEES TO objection, it is so ordered. (The resolution, with its preamble, is MEET Mr. SESSIONS. Mr. President, I ask printed in today’s RECORD under ‘‘Sub- mitted Resolutions.’’) COMMITTEE ON ENERGY AND NATURAL unanimous consent that CDR Eddie f RESOURCES Pilcher, the defense legislative fellow Mr. ENZI. Mr. President, I ask unani- assigned to my office, be granted floor RECOGNIZING THE NEED TO IM- mous consent that the Committee on privileges for the remainder of the cal- PROVE PHYSICAL ACCESS TO Energy and Natural Resources be au- endar year. MANY FEDERALLY FUNDED FA- thorized to meet during the session of The PRESIDING OFFICER. Without CILITIES objection, it is so ordered. the Senate on June 9, 2015, at 9:30 a.m., Mr. BARRASSO. Mr. President, I ask in room SD–366 of the Dirksen Senate f unanimous consent that the Senate Office Building. EXECUTIVE SESSION proceed to the immediate consider- The PRESIDING OFFICER. Without ation of S. Res. 197, submitted earlier objection, it is so ordered. today. COMMITTEE ON FOREIGN RELATIONS EXECUTIVE CALENDAR The PRESIDING OFFICER. The Mr. ENZI. Mr. President, I ask unani- Mr. BARRASSO. Mr. President, I ask clerk will report the resolution by mous consent that the Committee on unanimous consent that the Senate title.

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — SENATE S3975 A bill (S. Res. 197) recognizing the need to (A) ensures that Federal regulations do not Research Act of 1984 (42 U.S.C. 10301) is improve physical access to many federally overwhelm the resources of small and rural amended— funded facilities for all people of the United communities; and (1) by redesignating paragraphs (7) through States, particularly people with disabilities. (B) provides small and rural communities (9) as paragraphs (8) through (10), respec- There being no objection, the Senate lacking technical resources with the nec- tively; essary skills to improve and protect water (2) in paragraph (8) (as so redesignated), by proceeded to consider the resolution. resources; striking ‘‘and’’ at the end; and Mr. BARRASSO. Mr. President, I ask (3) across the United States, more than 90 (3) by inserting after paragraph (6) the fol- unanimous consent that the resolution percent of the community water systems lowing: be agreed to, the preamble be agreed serve a population of less than 10,000 individ- ‘‘(7) additional research is required into in- to, and the motions to reconsider be uals; creasing the effectiveness and efficiency of considered made and laid upon the (4) small and rural communities have the new and existing treatment works through table with no intervening action or de- greatest difficulty providing safe, affordable alternative approaches, including— public drinking water and wastewater serv- ‘‘(A) nonstructural alternatives; bate. ices due to limited economies of scale and ‘‘(B) decentralized approaches; The PRESIDING OFFICER. Without lack of technical expertise; and ‘‘(C) energy use efficiency; objection, it is so ordered. (5) in addition to being the main source of ‘‘(D) water use efficiency; and The resolution (S. Res. 197) was compliance assistance, small and rural water ‘‘(E) actions to extract energy from waste- agreed to. technical assistance has been the main water;’’. The preamble was agreed to. source of emergency response assistance in (b) CLARIFICATION OF RESEARCH ACTIVI- (The resolution, with its preamble, is small and rural communities. TIES.—Section 104(b)(1) of the Water Re- SEC. 3. SENSE OF CONGRESS. sources Research Act of 1984 (42 U.S.C. printed in today’s RECORD under ‘‘Sub- It is the sense of Congress that— 10303(b)(1)) is amended— mitted Resolutions.’’) (1) to assist small and rural communities (1) in subparagraph (B)(ii), by striking f most effectively, the Administrator of the ‘‘water-related phenomena’’ and inserting Environmental Protection Agency should ‘‘water resources’’; and GRASSROOTS RURAL AND SMALL prioritize the types of technical assistance (2) in subparagraph (D), by striking the pe- COMMUNITY WATER SYSTEMS that are most beneficial to those commu- riod at the end and inserting ‘‘; and’’. ASSISTANCE ACT nities, based on input from those commu- (c) COMPLIANCE REPORT.—Section 104(c) of the Water Resources Research Act of 1984 (42 f nities; and (2) local support is the key to making Fed- U.S.C. 10303(c)) is amended— WATER RESOURCES RESEARCH eral assistance initiatives work in small and (1) by striking ‘‘(c) From the’’ and insert- AMENDMENTS ACT OF 2015 rural communities to the maximum benefit. ing the following: ‘‘(c) GRANTS.— SEC. 4. FUNDING PRIORITIES. Mr. BARRASSO. Mr. President, I ask ‘‘(1) IN GENERAL.—From the’’; and Section 1442(e) of the Safe Drinking Water (2) by adding at the end the following: unanimous consent that the Senate Act (42 U.S.C. 300j–1(e)) is amended— ‘‘(2) REPORT.—Not later than December 31 proceed to the immediate consider- (1) by designating the first through sev- of each fiscal year, the Secretary shall sub- ation of Calendar No. 83, S. 611, and enth sentences as paragraphs (1) through (7), mit to the Committee on Environment and respectively; Calendar No. 84, S. 653, en bloc. Public Works of the Senate, the Committee (2) in paragraph (5) (as so designated), by The PRESIDING OFFICER. The on the Budget of the Senate, the Committee striking ‘‘1997 through 2003’’ and inserting clerk will report the bills by title en on Transportation and Infrastructure of the ‘‘2015 through 2020’’; and bloc. House of Representatives, and the Com- (3) by adding at the end the following: mittee on the Budget of the House of Rep- The bill clerk read as follows: ‘‘(8) NONPROFIT ORGANIZATIONS.— resentatives a report regarding the compli- A bill (S. 611) to amend the Safe Drinking ‘‘(A) IN GENERAL.—The Administrator may ance of each funding recipient with this sub- Water Act to reauthorize technical assist- use amounts made available to carry out section for the immediately preceding fiscal ance to small public water systems, and for this section to provide grants or cooperative year.’’. other purposes. agreements to nonprofit organizations that (d) EVALUATION OF WATER RESOURCES RE- A bill (S. 653) to amend the Water Re- provide to small public water systems onsite SEARCH PROGRAM.—Section 104 of the Water sources Research Act of 1984 to reauthorize technical assistance, circuit-rider technical Resources Research Act of 1984 (42 U.S.C. grants for and require applied water supply assistance programs, multistate, regional 10303) is amended by striking subsection (e) research regarding the water resources re- technical assistance programs, onsite and re- and inserting the following: search and technology institutes established gional training, assistance with imple- ‘‘(e) EVALUATION OF WATER RESOURCES RE- under that Act. menting source water protection plans, and SEARCH PROGRAM.— There being no objection, the Senate assistance with implementing monitoring ‘‘(1) IN GENERAL.—The Secretary shall con- proceeded to consider the bills en bloc. plans, rules, regulations, and water security duct a careful and detailed evaluation of Mr. BARRASSO. Mr. President, I ask enhancements. each institute at least once every 3 years to ‘‘(B) PREFERENCE.—To ensure that tech- unanimous consent that the bills be determine— nical assistance funding is used in a manner ‘‘(A) the quality and relevance of the water read a third time and passed and the that is most beneficial to the small and rural resources research of the institute; motions to reconsider be considered communities of a State, the Administrator ‘‘(B) the effectiveness of the institute at made and laid upon the table. shall give preference under this paragraph to producing measured results and applied The PRESIDING OFFICER. Without nonprofit organizations that, as determined water supply research; and objection, it is so ordered. by the Administrator, are the most qualified ‘‘(C) whether the effectiveness of the insti- The bill (S. 611) was ordered to be en- and experienced in providing training and tute as an institution for planning, con- grossed for a third reading, was read technical assistance to small public water ducting, and arranging for research warrants systems and that the small community the third time, and passed, as follows: continued support under this section. water systems in that State find to be the ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, S. 611 most beneficial and effective. as a result of an evaluation under paragraph Be it enacted by the Senate and House of Rep- ‘‘(C) LIMITATION.—No grant or cooperative (1), the Secretary determines that an insti- resentatives of the United States of America in agreement provided or otherwise made avail- tute does not qualify for further support Congress assembled, able under this section may be used for liti- under this section, no further grants to the SECTION 1. SHORT TITLE. gation pursuant to section 1449.’’. institute may be provided until the quali- This Act may be cited as the ‘‘Grassroots The bill (S. 653) was ordered to be en- fications of the institute are reestablished to Rural and Small Community Water Systems grossed for a third reading, was read the satisfaction of the Secretary.’’. Assistance Act’’. the third time, and passed, as follows: (e) AUTHORIZATION OF APPROPRIATIONS.— Section 104(f)(1) of the Water Resources Re- SEC. 2. FINDINGS. S. 653 search Act of 1984 (42 U.S.C. 10303(f)(1)) is Congress finds that— Be it enacted by the Senate and House of Rep- amended by striking ‘‘$12,000,000 for each of (1) the Safe Drinking Water Act Amend- resentatives of the United States of America in fiscal years 2007 through 2011’’ and inserting ments of 1996 (Public Law 104–182) authorized Congress assembled, ‘‘$7,500,000 for each of fiscal years 2015 technical assistance for small and rural com- SECTION 1. SHORT TITLE. through 2020’’. munities to assist those communities in This Act may be cited as the ‘‘Water Re- (f) ADDITIONAL APPROPRIATIONS WHERE RE- complying with regulations promulgated sources Research Amendments Act of 2015’’. SEARCH FOCUSED ON WATER PROBLEMS OF pursuant to the Safe Drinking Water Act (42 SEC. 2. WATER RESOURCES RESEARCH ACT INTERSTATE NATURE.—Section 104(g)(1) of the U.S.C. 300f et seq.); AMENDMENTS. Water Resources Research Act of 1984 (42 (2) technical assistance and compliance (a) CONGRESSIONAL FINDINGS AND DECLARA- U.S.C. 10303(g)(1)) is amended in the first sen- training— TIONS.—Section 102 of the Water Resources tence by striking ‘‘$6,000,000 for each of fiscal

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE S3976 CONGRESSIONAL RECORD — SENATE June 9, 2015 years 2007 through 2011’’ and inserting ators permitted to speak therein for up sent that it stand adjourned under the ‘‘$1,500,000 for each of fiscal years 2015 to 10 minutes each; further, that the previous order. through 2020’’. time be equally divided, with the There being no objection, the Senate, f Democrats controlling the first half at 6:34 p.m., adjourned until Wednes- ORDERS FOR WEDNESDAY, JUNE and the majority controlling the sec- day, June 10, 2015, at 9:30 a.m. 10, 2015 ond half; finally, that following morn- f Mr. BARRASSO. Mr. President, I ask ing business, the Senate resume consid- unanimous consent that when the Sen- eration of H.R. 1735. CONFIRMATIONS ate completes its business today, it ad- The PRESIDING OFFICER. Without Executive nominations confirmed by the journ until 9:30 a.m. on Wednesday, objection, it is so ordered. Senate June 9, 2015: June 10; that following the prayer and IN THE ARMY f pledge, the morning hour be deemed The following named officers for appoint- expired, the Journal of proceedings be ment in the United States Army to the grade approved to date, and the time for the ADJOURNMENT UNTIL 9:30 A.M. indicated under title 10, U.S.C., section 624: TOMORROW two leaders be reserved for their use To be major general later in the day; that following leader Mr. BARRASSO. Mr. President, if Brig. Gen. Anthony C. Funkhouser remarks, the Senate be in a period of there is no further business to come be- Brig. Gen. Donald E. Jackson, Jr. morning business for 1 hour, with Sen- fore the Senate, I ask unanimous con- Brig. Gen. Kent D. Savre

VerDate Sep 11 2014 15:01 Mar 04, 2016 Jkt 049060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S09JN5.REC S09JN5 DSKD7QTVN1PROD with CONG-REC-ONLINE June 9, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E853 EXTENSIONS OF REMARKS

IN HONOR OF THE 100TH HONORING ANITA GERSON FOR Ms. Rampone, of Point Pleasant, New Jer- ANNIVERSARY OF COTERIE RECEIVING THE 2015 DELORES sey, is a 1999 FIFA Women’s World Cup BARR WEAVER ELDER ADVO- champion and a three-time Olympic gold med- CATE AWARD alist, having won championship titles at the HON. DIANA DeGETTE last 4 Summer Olympics. She has finished no lower than third place in each of the World OF COLORADO HON. ANDER CRENSHAW OF FLORIDA Cup or Olympic tournaments in which she has IN THE HOUSE OF REPRESENTATIVES competed while also being the mother of two IN THE HOUSE OF REPRESENTATIVES young children. Tuesday, June 9, 2015 Tuesday, June 9, 2015 Ms. Lloyd, of Delran, New Jersey, is a two- Ms. DEGETTE. Mr. Speaker, I rise today in Mr. CRENSHAW. Mr. Speaker, I rise today time Olympic gold medalist, scoring the gold honor of the Coterie organization as they cele- to recognize Macclenny, Florida resident Anita medal-winning goals in the finals of both the 2008 and the 2012 Summer Olympics. She brate their 100th anniversary. I have the privi- Gerson, recipient of the 2015 Delores Barr Weaver Elder Advocate Award from has also represented the United States at two lege of representing this outstanding organiza- ElderSource, an organization devoted to help- FIFA Women’s World Cup tournaments, win- tion and many of its members, who are truly ing seniors across North Florida live inde- ning bronze and silver respectively, and has a great asset to our community. pendent lives. scored over 50 goals in 190 games throughout Established in 1915 by a small group of Afri- A dedicated volunteer, Mrs. Gerson, 87, has her career on the U.S. Women’s National can American women in Denver who had a served the elderly since her youth with Team. great thirst for knowledge, the group has per- ElderSource as her latest focus. For the last Mr. Speaker, South Jersey applauds severed for a century. Since their founding at 15 years, she has put the needs of Baker Christie Rampone and Carli Lloyd with tremendous pride and admiration for their a time when the Ku Klux Klan predominated County, Florida elderly at the top of her list, serving on the ElderSource board of directors achievements in soccer. It is my honor to rec- and then through two world wars, the Great and ensuring organization services are effi- ognize them before the United States House Depression, economic recessions and seg- cient, effective, and meet client needs. Addi- of Representatives. regation, their tradition has endured. Each tionally, she brought her devotion to the Baker f year, Coterie has investigated a new research County Council on Aging, where she served topic, choosing subjects as diverse as the on the board of directors for seven years and CONGRATULATING THE AMERICAN ages and interests of their members. Through president for one year. ASSOCIATION OF UNIVERSITY the years, topics have included Milton and Mrs. Gerson has been described as a WOMEN FLINT BRANCH ON ITS 95TH ANNIVERSARY English Drama, Contemporary Women Meet- ‘‘woman of great passion, wisdom and ing Today’s Challenge of the Space Age, The humor’’—qualities she embodies day-in and World’s Great Opera, and Spotlighting Colo- day-out as she cares for her community and HON. DANIEL T. KILDEE rado Afro-American Achievers. those in need. She is a leader, a doer, does OF MICHIGAN not shy away from hard work, and will stop at IN THE HOUSE OF REPRESENTATIVES Since Coterie members understand the nothing to serve the elderly in her community. Tuesday, June 9, 2015 value that education brings to a community, ‘‘Bloom where you are planted,’’ her mother they have shared it with countless others over once told her, and make a positive difference Mr. KILDEE. Mr. Speaker, I ask the United their 100 year history. Members have been in the lives of those around you. She has met States House of Representatives to join me in mentors to others and have inspired young that goal and then some throughout her entire recognizing the American Association of Uni- people to continue their education. The find- life. versity Women Flint Branch on the occasion of their 95th anniversary. ings from their research will be stored at the Mr. Speaker, I ask you to please join me in The AAUW Flint Branch was established in Blair Caldwell African American Research Li- a very special Congressional salute to volunteer leader Northeast Florida resident Anita 1919 when 28 college-educated women brary, an appropriate depository of their work Gerson—an example for us all. formed a branch of the Western Association of given, its mission of ‘‘sharing resources and f Collegiate Alumnae. Throughout its history, services about African-American History.’’ The the Flint Branch has actively supported re- preservation of their work will enable future HONORING CHRISTIE RAMPONE gional, cultural, civic and educational pro- generations to benefit from their efforts for AND CARLI LLOYD grams and events. many decades to come. The group gathers several times per year Coterie has been an important part of Afri- HON. THOMAS MacARTHUR through membership meetings and book club gatherings. The meetings have consisted of can-American culture in Denver, and many of OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES guest speakers who educate members and their members have also served as community initiate conversation around important issues leaders. Some of their notable living members Tuesday, June 9, 2015 affecting women and the greater community. include Marie Greenwood, who is now 102 Mr. MACARTHUR. Mr. Speaker, I rise today Funds are raised through various initiatives al- years old, joined Coterie in 1937, and is the to honor two remarkably talented women, lowing the branch to build awareness and ad- first African American woman to receive a Christie Rampone and Carli Lloyd of New Jer- vocate for worthy causes not just with its voice contract to teach with Denver Public Schools. sey’s Third Congressional District, for their but also through financial support. Erma Ford, now 89 years old and a member participation on the U.S. Women’s National In 1922, an annual college scholarship of since 1958, served as past president of the Soccer Team. $200 was established for worthy women stu- Colorado Association of Early Childhood Edu- I am proud to have Ms. Rampone and Ms. dents. This fund was continued for four years. cation. Lloyd represent not only the United States and In 1972, the Flint branch reinstated the annual New Jersey, but the people of Ocean County merit scholarship bestowed to a female stu- Life, present and past, has been their teach- and Burlington County, on an international dent attending a college or university in Gen- er. Please join me in celebrating 100 years of scale. As 2 of the 23 elite players offered esee County. The award is now $1,000 and is Coterie in their dedicated pursuit of knowl- membership onto the team, Ms. Rampone and renewable one additional year to each recipi- edge. Ms. Lloyd are not only exceptional athletes, ent along with a new yearly recipient. The but extraordinary testaments to determination, branch also provides financial support to the commitment, and sportsmanship. Eleanor Roosevelt Fund, the Legal Advocacy

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

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JN8.001 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS E854 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2015 Fund, and the National Women’s Council fa- for Economic and Business Affairs is visiting RECOGNIZING THE DEDICATED cilitated through the AAUW National office. Taiwan now. At the same time, heads of var- SERVICE OF SENIOR JUDGE WIL- Throughout the years, the Flint branch has ious ROC government agencies have visited LIAM STAFFORD been a strong supporter of Title IX and would the U.S., so there is a solid foundation of mu- keep area schools and athletic associations tual trust there. HON. JEFF MILLER apprised of issues at the national level. The In addition to strong security ties, Taiwan- OF FLORIDA branch also actively supports non-profit orga- U.S. trade relations have also made significant IN THE HOUSE OF REPRESENTATIVES nizations in Genesee County such as Carriage progress over the last few years. In March Tuesday, June 9, 2015 Town Mission, Whaley Children’s Center and 2013, after a five-year hiatus, we reopened UM–Flint’s MPowering My Success program. Mr. MILLER of Florida. Mr. Speaker, I rise negotiations with the U.S. under the Trade In the 1960s and 1970s the Flint branch of the to recognize Judge William Stafford for his 40 and Investment Framework Agreement (TIFA), AAUW organized large book sales at the Gen- years as a federal judge on the bench of the a platform set up in 1994 to facilitate talks in esee Valley Mall to promote literacy and gen- United States District Court for the Northern trade and investment matters. We have con- erate funds for its philanthropic endeavors. District of Florida. Since receiving his appoint- Mr. Speaker, I applaud the work done by tinued bilateral consultations in a series of 12 ment by President Gerald Ford on May 30, the AAUW Flint Branch and thank them for the work conferences, and have made significant 1975, Judge Stafford has worked tirelessly to service they have provided to the City of Flint progress. At the end of March 2015, the ROC uphold our Constitution, and his service is a and the surrounding communities. is America’s 10th largest trading partner, sur- true testament to his patriotism and commit- passing Brazil and Saudi Arabia, and the U.S. f ment to justice. is Taiwan’s third largest, after mainland China Judge Stafford’s service to our Nation TRIBUTE TO TAIWAN PRESIDENT and Japan. began many years prior to his appointment as MA YING-JEOU ON PEACE AND Let me turn to cross-strait relations. Over a federal judge, when, as a recent law school DIPLOMACY the past seven years, Taiwan and mainland graduate, he joined the United States Navy, China have signed 21 agreements. During that serving with honor and distinction until 1960. HON. DONALD M. PAYNE, JR. same period, visitors from mainland China After nearly a decade in private practice, OF NEW JERSEY have made over 14 million trips to Taiwan, al- Judge Stafford served as a United States At- IN THE HOUSE OF REPRESENTATIVES most four million of them in the past year torney for the Northern District of Florida from 1969 until he received his appointment to Tuesday, June 9, 2015 alone. So the cross-strait situation is more stable and peaceful than it has ever been in the serve as a federal judge. Mr. PAYNE. Mr. Speaker, I rise today to ex- past 66 years. During his time on the bench, Judge Staf- press my unwavering support to the people of ford has served in numerous important posi- the Republic of China Taiwan. The United In addition to seeking stable development in tions, including more than 10 years as Chief States and Taiwan are two like-minded coun- cross-strait and ROC–U.S. relations, Taiwan Judge of the United States District Court for tries. The Taiwanese people share our same has also taken concrete actions over the past the Northern District of Florida and nearly 20 cultural values of respect for individual lib- few years to be a regional peacemaker in both years as Senior Judge. In addition, he also erties, freedom of speech, adherence to the the East China Sea, and the South China served for 7 years as a judge on the Foreign rule of law, and support for human rights. Sea. Back in August 2012, I proposed the Intelligence Surveillance Court, which helps I would also like to take this opportunity to East China Sea Peace Initiative. That Initiative ensure that our Nation remains safe from share a speech entitled ‘‘True Friendship asks stakeholders to forgo conflict in favor of those who seek to do us harm. Lasts Forever’’ delivered by Taiwan President peaceful negotiations, and emphasizes co- As a result of his excellence on the bench, Ma Ying-jeou on June 2, 2015, at a video con- operation in sharing resources. Eight months Judge Stafford has received numerous profes- ference at Stanford University. In his speech, later in April 2013, Taiwan and Japan signed sional appointments and awards. He served President Ma delineated the importance of fu- a fisheries agreement that embodies the spirit nearly a decade on the Committees of Judicial ture cooperation opportunities between our of that Initiative, and solved a fisheries dispute Conference of the United States, a position two countries. Below is the summary of Presi- between Taiwan and Japan that has troubled appointed by the Chief Justice of the Supreme dent Ma’s speech. For the full transcript, both countries for 40 years. That agreement Court, in addition to myriad committee assign- please visit the website of the office of the elicited widespread praise and support from ments with the Florida Bar, and a term as President of the Republic of China: http:// the global community. Secretary of State John President of the District Judges Association of www.president.gov.tw Kerry has publicly stated that the ROC–Japan the Eleventh Circuit. Judge Stafford has also ‘‘I am very happy to be here for today’s vid- fisheries agreement is a model for promoting received recognitions including the Temple eoconference. This year marks the 70th anni- regional stability, and that the principles at the Law Alumni Achievement Award and the versary of the end of World War II, as well as heart of the East China Sea Peace Initiative American Bar Association’s Law Day USA Na- the Republic of China’s (ROC) victory in the apply to all of the waters in Asia. tional Speech Award, and his commitment to War of Resistance Against Japan. In July In the East China Sea, the East China Sea the legal profession saw him help found the 1937, two years before World War II broke Peace Initiative encourages stakeholders to American Inns of Court’s Tallahassee Inn, out, ROC forces began fighting against Japa- shelve their disputes, and cooperate to create which was renamed the William H. Stafford nese aggression alone, and for four long win-win situations. Its success makes it a American Inn of Court in his honor. Judge Stafford’s commitment to service and years, they continued with virtually no outside model for peaceful development in the South dedication to his community extend far beyond help. It wasn’t until the Pearl Harbor attack in China Sea. On May 26, 2015, I formally an- his judicial service, and he has served both St. December 1941 that the ROC joined forces nounced the South China Sea Peace Initiative, John’s Episcopal Church in Tallahassee and with the Allies to declare war against Japan, hoping that the relevant parties will: ‘‘shelve Germany, and Italy. Christ Church in Pensacola, in addition to sovereignty dispute, pursue peace and reci- Although the ROC and U.S. severed diplo- service in the Brotherhood of St. Andrew and procity, and promote joint exploration and de- matic ties in 1979, barely three months later, the Dioceses of Florida and of the Central Gulf velopment.’’ By upholding those principles, we the U.S. Congress passed the Taiwan Rela- Coast. As a leader in civic society, Judge Staf- hope that all the parties involved will work to- tions Act (TRA). Under that Act, Taiwan is ford is a longtime Rotary Club member, having gether to maintain regional peace and pro- treated as a foreign government for purposes served as President of the Tallahassee Rotary mote regional development. A U.S. State De- of U.S. law and in U.S. courts. The Act also Club and received awards such as the Fred- partment official stated that the U.S. appre- requires the U.S. to provide Taiwan with de- erick Clifton Moor Award; served as President ciates the proposals in the South China Sea fensive weapons. of the Tallahassee YMCA; and served on nu- Since I came into office in 2008, mutual Peace Initiative. I sincerely hope that all of the merous Boards, including the Friends of Leon ROC–U.S. trust has been restored at the high- outstanding scholars and experts gathered County Library Board, Sacred Heart Hospital est levels of government. And over the past here will support the pursuit of peace.’’ of Pensacola’s Board of Directors, as well as two years, there have been frequent, recip- Mr. Speaker, this tribute recognizes the im- the Board of Directors of the Pensacola Sym- rocal visits by high-level officials. In April 2014, portance of the relationship between the phony. He is also a longtime member of fra- U.S. Environmental Protection Agency Admin- United States and the Republic of China Tai- ternal organizations and has received both the istrator Gina McCarthy visited Taiwan, and wan as strategic partners under the Taiwan Grand Cross of Honour from the Scottish Rite Charles Rivkin, Assistant Secretary of State Relations Act. and was named Grand Orator.

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JN8.004 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS June 9, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E855 Our Constitutional system of government loving and committed American same-sex work in establishing the Park, the facility’s enshrined checks and balances and three co- couples seeking the fundamental right to the arena is named in his honor. equal but separate branches of government, pursuit of happiness. It is fitting that Clint Callicott spent his last and in order to uphold our Constitution, it is On this special occasion, I wish Robert and hours on his family farm before joining our vital that we have honorable public servants Alex many continued years of love, health, Savior in Heaven. I ask my colleagues to join like Judge Stafford willing to dedicate their and happiness as they enter this blessed new with me in celebrating one of Williamson professional careers to service in the judicial stage of their lives together. County’s greatest men. My thoughts and pray- branch. On behalf of the House of Represent- f ers are with his beautiful wife Carolyn, sons atives, I am privileged to recognize Judge Claude and Clayton, and his extended family. REMEMBERING THE LIFE OF FRED Stafford’s 40 years on the federal bench, and f my wife Vicki and I send our best wishes for MILLER many more years to Judge Stafford; his wife, RIVERVIEW/VALLEYVIEW CHRIS- Nancy; sons William III, Donald and David; six HON. MARCY KAPTUR TIAN AND MISSIONARY ALLI- ANCE CHURCH grandchildren; and the entire Stafford family. OF OHIO IN THE HOUSE OF REPRESENTATIVES f HON. JOE WILSON HONORING THE UPCOMING WED- Tuesday, June 9, 2015 OF SOUTH CAROLINA DING OF ALEX FERNANDEZ AND Ms. KAPTUR. Mr. Speaker, I rise to remem- IN THE HOUSE OF REPRESENTATIVES ROBERT WOLFARTH ber the life of Fred Miller of Toledo, Ohio. Passing from this life at the age of 88, Fred Tuesday, June 9, 2015 HON. THEODORE E. DEUTCH lived life to the fullest. Mr. WILSON of South Carolina. Mr. Speak- OF FLORIDA Fred Miller was born on March 28, 1925 to er, I am grateful to congratulate the Riverview/ IN THE HOUSE OF REPRESENTATIVES Mattie and Roy Miller. A lifelong Toledoan, he Valleyview Christian and Missionary Alliance graduated from DeVilbiss High School in 1943 Church on the 100 year anniversary of their Tuesday, June 9, 2015 and soon followed graduation with service in founding. Mr. DEUTCH. Mr. Speaker, I rise today in the U.S. Army Air Corps in Europe until after The Church was chartered by the Christian honor of the upcoming nuptials of Alex World War II. Upon his return home, he en- and Mission Alliance Organization in the Fernandez and Robert Wolfarth. rolled in the University of Toledo where he Spring of 1915, in the Village of Endicott, New Robert Wolfarth and Alex Fernandez of graduated in 1949 with a degree in electrical York. A church was built on the north side of south Florida will be getting married in the Dis- engineering. A few months later he married the Susquehanna River and named ‘‘River- trict of Columbia at the Florida House on Cap- his wife Dorothy. Dorothy and Fred were mar- view Christian and Missionary Alliance.’’ In the itol Hill. Their wedding ceremony marks the ried 64 years and together raised three sons. mid 1980’s a new larger church was built on first same-sex marriage at the Florida House Fred Miller built his career at the Toledo a hill across the river in Vestal, New York, and following its lawful recognition in the state Edison Company, giving the company 38 the name changed to Valleyview Christian and through judicial ruling. years of service. Missionary Alliance. On June 13, 2015, the Giving back to their community has been a A man of faith and service to others, Fred congregation will celebrate the 100th year an- centerpiece of Robert and Alex’s professional was an active member of Aldersgate United niversary of the founding of their Church, lives and of their relationship. Robert, the Methodist Church where he served on the fi- under the current leadership of its pastor, Rev. grandson of former Miami Mayor William M. nance committee for many years. He also David M. Murphy. Wolfarth, and Alex, a public servant since the found time to serve as a Boy Scout leader. Valleyview Christian and Missionary Alliance age of 15, met on September 25th, 2006 at Retirement saw Fred furthering his skills as has made a difference and is a valued institu- Miami-Dade County Hall where Alex worked at an angler, fishing all over North America from tion for Christian stewardship. the time as a Press Secretary. The two were Alaska to the Florida Keys. He and Dorothy f immediately bonded by a shared passion for were fortunate to travel the world. He was also public service. able to indulge in his hobbies of photography HONORING MR. RICHARD K. UHLER Alex proudly served as an aide to Miami and building model airplanes. Beach Mayor Matti Herrera Bower and was Fred Miller was a loving husband, father HON. PATRICK MEEHAN her liaison to the LGBT Affairs Committee and grandfather. He was a man who gave OF PENNSYLVANIA playing an instrumental role in the inaugural fully to his family, his faith and his community. IN THE HOUSE OF REPRESENTATIVES Miami Beach Gay Pride. As a successful real May those who loved him find peace in the Tuesday, June 9, 2015 estate entrepreneur, Robert’s most cherished memory of his spirit and the imprint he leaves professional accomplishment has been hiring on their lives. Mr. MEEHAN. Mr. Speaker, I rise to honor an undocumented immigrant, helping her be- f Mr. Richard K. Uhler for his service and sac- come an American citizen, obtain a real estate rifice during the Second World War. salesperson license, and achieve the Amer- TRIBUTE TO CLINT CALLICOTT Mr. Uhler, of Springfield, Pennsylvania, ican Dream of homeownership. A member of served in the United States Army as a Private the Miami Beach Hispanic Affairs Board, Alex HON. MARSHA BLACKBURN First Class with Company H, 2nd Battalion, has been an active advocate for workforce OF TENNESSEE 180th Infantry Regiment, 45th Infantry Divi- housing for residents being displaced from IN THE HOUSE OF REPRESENTATIVES sion. He served bravely in the Anzio cam- their homes and community by the rising cost paign, where he was wounded by shrapnel. of living and real estate values. Tuesday, June 9, 2015 Despite his service and injury, he never re- Among their many professional and civic en- Mrs. BLACKBURN. Mr. Speaker, the Ten- ceived the Purple Heart. deavors, Robert and Alex are most proud of nessee 7th Congressional District, home to Mr. Uhler was among the millions of vet- their mutual service to the communities they Williamson County, was shaped in part by its erans whose records were tragically destroyed love, Miami-Dade County and Miami Beach. long-time leader, and a dear friend of mine, by a fire at the National Personnel Records Whether it be through the rescue of their three Clint Callicott. Center during the 1970s. After diligent inves- dogs from the shelter, or the distribution of Mr. Callicott’s time on Earth will be remem- tigation, I’m pleased my office was able to find pumpkin pies to the less fortunate on Thanks- bered by his service to others. During his time documentation for his service and the injuries giving, or through their past service on the on the Williamson county commission, as he sustained in battle. Mr. Uhler will now fi- Planning, Affordable Housing, or Charter Re- county Mayor and in the Tennessee General nally receive the commendations he earned view Boards, Robert and Alex find in each day Assembly, Clint served the people of his com- more than 70 years after he was wounded in of their relationship the opportunity to make a munity with distinction and passion. He leaves Italy. positive impact in the lives of others. behind a legacy of love; love for his family, Mr. Speaker, this week I had the chance to Through their marriage and the continued community, and the land. host Mr. Uhler while he was presented with support of their friends and loved ones, Robert Mr. Callicott was considered the ‘‘father’’ of the Purple Heart and Bronze Star he earned and Alex hope to demonstrate that as a na- the Williamson County Agriculture Exposition for his service. On behalf of the 7th District of tion, states, and communities we are strength- Park, home to rodeos, trade shows, and the Pennsylvania, I want to thank Mr. Richard ened through the contributions of countless Williamson County Fair. In gratitude for his Uhler for his service to our great nation.

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K09JN8.006 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS E856 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2015 OUR UNCONSCIONABLE NATIONAL Znin’s residents successfully participated in in prison. After his release, he worked at a DEBT the 1919 Greater Poland Uprising. A new town prominent air conditioning company in the council was elected and Polish was reestab- D.C. area for seven years. Then, he boldly fol- HON. MIKE COFFMAN lished as the official language of the town’s lowed his passion to become an entrepreneur OF COLORADO nearly 5,000 residents. Between the two World and left his job to start his own company. Mr. IN THE HOUSE OF REPRESENTATIVES Wars, the economy perked up once again and Kitching and his company are certified by the Znin boasted two colleges and both daily and North American Technician Excellence, and Tuesday, June 9, 2015 weekly newspapers. are recognized as professionals in the indus- Mr. COFFMAN. Mr. Speaker, on January On September 1, 1939, the Nazi Luftwaffe try. 20, 2009, the day President Obama took of- bombed Znin to start World War II. Nine days We are particularly proud that TruTech fice, the national debt was later, German troops overtook the town and Heating and Cooling has provided such an es- $10,626,877,048,913.08. once again Znin was wiped from the map of sential service to the members of our commu- Today, it is $18,152,809,942,589.13. We’ve Europe. The Germans renamed the town and nity. Lawrence Kitching has succeeded in a added $7,525,932,893,676.05 to our debt in 6 its streets, the children could not go to school tough, competitive business environment. In years. This is over $7.5 trillion in debt our na- and hundreds of people were deported or the process, he has become an inspiration not tion, our economy, and our children could shot. only to our local small businesses but also to have avoided with a balanced budget amend- After the war, with Poland under the brutal anyone who has had a poor start in life. ment. thumb of the Soviet Union as a result of the Mr. Speaker, I ask the House of Represent- f Yalta Conference, the people of Znin again atives to join me in congratulating Lawrence L. faced repression and fear. Soviet industrializa- Kitching, Jr. for recommitting himself to the PERSONAL EXPLANATION tion brought development to Znin, but its citi- pursuit of excellence and integrity and to zens were forced to live under the Soviet re- TruTech Heating and Cooling, the District of HON. ALMA S. ADAMS gime while Poland was under the sphere of Columbia 2015 Small Business of the Year. OF NORTH CAROLINA Soviet Communism. The people of Poland f never gave up, though, and the ensuing dec- IN THE HOUSE OF REPRESENTATIVES HONORING LAKE WORTH DRAIN- ades saw uprisings as the people tried to lib- Tuesday, June 9, 2015 AGE DISTRICT AS IT CELE- erate themselves. Finally, a group of shipyard BRATES 100 YEARS OF OPER- Ms. ADAMS. Mr. Speaker, on June 2, 2015, workers in Gdansk brought light to the people ATION I was absent for recorded votes #270 through of Poland. Over the course of a decade be- #273 due to the passing of my mother. tween 1980 and 1989, Solidarity moved for- I would like to reflect how I would have ward culminating in the election of its leader HON. THEODORE E. DEUTCH voted if I were here: Lech Walesa in 1990 and a free Poland. OF FLORIDA On Roll Call #270, I would have voted Thus, on its 25th anniversary of return to IN THE HOUSE OF REPRESENTATIVES ‘‘yes.’’ self-governance, the citizens of Znin look for- Tuesday, June 9, 2015 On Roll Call #271, I would have voted ward. The fires of the past drive them forth, Mr. DEUTCH. Mr. Speaker, I rise today in ‘‘yes.’’ but the light of the future carries them to new honor of the Lake Worth Drainage District, On Roll Call #272, I would have voted possibilities. I am so pleased to stand with my which is celebrating its 100th Anniversary of ‘‘yes.’’ compatriots in Znin as together we celebrate providing water management services to the On Roll Call #273, I would have voted ‘‘no.’’ 25 years of freedom. Naprzo´d! Palm Beach County community. f f For the past 100 years, the District has RECOGNIZING THE CITY OF ZNIN, RECOGNIZING LAWRENCE L. managed the surface water resources of POLAND KITCHING, JR. AND TRUTECH southeastern Palm Beach County. Overseeing HEATING AND COOLING a complex system of 500 miles of canals and 20 major water control structures, the Lake HON. MARCY KAPTUR Worth Drainage District has continued to pro- OF OHIO HON. ELEANOR HOLMES NORTON tect our lands from the dangers of both flood IN THE HOUSE OF REPRESENTATIVES OF THE DISTRICT OF COLUMBIA and drought. Their tireless efforts have not Tuesday, June 9, 2015 IN THE HOUSE OF REPRESENTATIVES only met the demands of our evolving urban Ms. KAPTUR. Mr. Speaker, I rise today to Tuesday, June 9, 2015 and agricultural communities, but also bol- recognize a milestone in the long life of the Ms. NORTON. Mr. Speaker, I rise today to stered employment and business growth op- City of Znin, Poland, of which I am proud to ask the House of Representatives to join me portunities. The amount of time and effort the be an honorary citizen. June 3, 2015 marks 25 in recognizing Lawrence L. Kitching, Jr. and District and its employees have expended for years of local self-government for the nearly TruTech Heating and Cooling, the recipient of the betterment of their community is truly ad- 15,000 people of Znin. our 2015 District of Columbia Small Business mirable and exhibits a level of commitment Znin, originating from the Polish word for of the Year award. The award is given to an worthy of recognition. With their support Palm harvest, is nestled on the river Gasawka in outstanding D.C. small business every year at Beach County has remained the Winter Vege- Poland. Though the region has been settled our annual Small Business Fair. table Capital of the United States. I happily congratulate the District and its for far longer, the city itself is nearly 900 years TruTech Heating and Cooling is a small employees on a century of hard work and old and was once a major town on the trade business that was founded by Lawrence L. dedication to the urban and agricultural com- route known as the Amber Road. King Casimir Kitching. Through hard work, determination, munity of South Florida. It is with great pleas- the Great of Poland visited many times and it knowledge of his craft and excellence in per- ure that I honor them. was also a favorite of bishops through the lat- formance, Mr. Kitching has grown his business ter half of the 14th Century. Fires destroyed significantly. Since opening in D.C. in 2012, f much of Znin in the later 15th Century, but the TruTech Heating and Cooling has expanded HONORING THE CAREER OF town was rebuilt and boasted the first windmill, its business into Maryland and Virginia. The CAROLYN SIMS orchards, breweries and businesses. The 17th business prides itself on quality craftsmanship, and 18th centuries brought disease and more integrity and customer service. The techni- HON. KENNY MARCHANT fires from which the town did not recover well. cians and professionals at TruTech Heating OF TEXAS During the First Partition of Poland in the and Cooling are well-trained. IN THE HOUSE OF REPRESENTATIVES 1770’s, Znin was annexed by Prussia. The Mr. Kitching, a native Washingtonian and town was liberated in 1794 through the graduate of William McKinley Technical High Tuesday, June 9, 2015 Kosciuszko Uprising. It became part of the School, learned heating, ventilation and air Mr. MARCHANT. Mr. Speaker, today I Duchy of Warsaw a few years later, but was conditioning at Lincoln Technical Institute and honor the career and celebrate the retirement returned to Prussia in 1815. The town’s econ- received his diploma in 1997. After heading of a dedicated and tireless public servant, omy developed through the 19th Century, with down the wrong path, Mr. Kitching decided to Carolyn Sims, who most recently worked as modern infrastructure and its population grow- pursue a better life for himself and his son, Precinct Administrator for County Commis- ing to 4,500 citizens. and began working to improve his skills while sioner Gary Fickes of Tarrant County, Texas.

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.006 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS June 9, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E857 Carolyn was born in Dallas and built her ca- community within it, and in celebrating her their other parent. There are not too many reer of local service on a strong educational well-earned retirement. people like Margaret. If it were not for her. foundation. At the University of North Texas f . . . life would be so much more com- she earned her Bachelors in Business Edu- plicated.’’ PERSONAL EXPLANATION cation and a Masters in Public School Admin- Margaret Wuwert is a joyful soul who istration, in addition to a vocational teaching brought joy to families in tragic situations. certification and hours toward a counseling HON. DAVID P. ROE Without her tireless efforts and dedication to certification. After briefly beginning her profes- OF TENNESSEE her work, there would not be a Children’s sional life at a bank, she put her background IN THE HOUSE OF REPRESENTATIVES Rights Council able to offer the help to fami- to work in helping children. From 1973 to 1982 Tuesday, June 9, 2015 lies it does today. For twenty years, Margaret she served as an 8th grade teacher in the Ir- Wuwert was the Children’s Rights Council. ving and Grapevine-Colleyville Independent Mr. ROE of Tennessee. Mr. Speaker, I was She leaves shoes impossible to fill, but a School Districts, teaching vocational subjects, unable to vote on June 3, 2015, because of strong organization which is integral to the including typing, and also serving as a coun- the death of a close friend. Had I been needs of families who find themselves in the selor. Afterward, Carolyn worked for the latter present, I would have voted: court system. as a volunteer coordinator. Roll Call #288—Aye She then ran her own secretarial business Roll Call #289—Aye We thank Margaret Wuwert for her compas- for several years and became a mother to Roll Call #290—Aye sion, her spirit and her unending efforts as a Trey and Kate. With that business experience Roll Call #291—Aye leader with the Children’s Rights Council. We in hand, in 1989, Carolyn became the presi- Roll Call #292—Aye wish for Margaret in retirement time to spend dent of the Colleyville Area Chamber of Com- Roll Call #293—Aye with those for whom she cares and doing that merce, where she worked to advance the con- Roll Call #294—Aye which she most enjoys. cerns and success of local business for six Roll Call #295—Aye years. Afterwards, she became president of Roll Call #296—Nay f the Arts Council of Northeast Tarrant County Roll Call #297—Yea from 1995 to 2002. Seeing her record of serv- f HONORING THE AMERICAN LEGION, PASO DEL NORTE POST 58 ice, Texas Representative Vicki Truitt recruited RECOGNIZING MARGARET Carolyn to serve as her chief of staff in Austin WUWERT’S LIFE OF SERVICE during the legislative session of 2003. Upon returning, she entered local government by HON. BETO O’ROURKE becoming the director of marketing and public HON. MARCY KAPTUR OF TEXAS affairs for the Town of Westlake until 2006, OF OHIO and then worked into the next year as the ex- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ecutive director of the Northwest Independent Tuesday, June 9, 2015 Tuesday, June 9, 2015 School District Education Foundation. Finally, Carolyn’s record of leadership led Ms. KAPTUR. Mr. Speaker, I rise today to recognize the life’s work of Margaret Wuwert Mr. O’ROURKE. Mr. Speaker, I am honored her to becoming the Precinct Administrator, to rise today to recognize the American Legion essentially a chief of staff role, for Tarrant of Toledo, Ohio. After building the once-fledgling Children’s Rights Council into the well-re- Post 58 located in Northeast El Paso on Vul- County Commissioner Gary Fickes in 2007. In can Avenue, also known as the El Paso Del that position, she regularly worked with and spected organization it has become, Margaret recently was retired from the organization Norte Post. I am pleased to recognize them as served people from 17 cities. a distinguished Veteran Services Organization Her admirable history of service to the com- which bears her imprimatur. in my district. munity, however, does not end with her pro- Margaret Wuwert joined the Children’s fessional track. Carolyn is currently on the Rights Council in 1995 and was appointed as As one of the largest VSOs in Texas, the boards of the Tarrant County MHMR (pro- Chapter Leader in Toledo, Ohio. In just five Paso Del Norte Post’s engagement with our viding practical help to people with mental years, by 2000 she had implemented one of veteran community is exemplary. Several of health needs), the Northeast Tarrant County the best Supervised Visitation/Access Centers the officers at this post serve or have served Chamber of Commerce, and the Northeast in the United States. So many families have on national committees and commissions of Leadership Forum. Over the years she has been able to visit their children at these visita- the American Legion. In the fall of 2014, a volunteered with and been an active partici- tion/access sites. Margaret recruited and team from the American Legion national orga- pant in numerous civic organizations including: mentored many others to start sites in other nization visited El Paso and worked with the Community Enrichment Center, United Way, communities. Always, with the goal of helping El Paso VA to provide medical care to vet- JPS, Southlake Toastmasters, Hugworks, Ro- children and families, Margaret’s enthusiasm erans in need. The visiting group of the Amer- tary Club, Hill Country Bible Church, Austin for her work has been boundless and infec- ican Legion, led by Verna Jones, Director of Aggie Moms, Alliance for Children, Women’s tious. the Veterans Affairs and Rehabilitation Divi- Shelter, Metroport Cities Partnership, Margaret has also been an honored mem- sion in Washington, D.C., also hosted a town Southlake Business Women Organization, ber of the National Office in Washington, DC hall at the El Paso Del Norte headquarters American Cancer Society, University of North where her knowledge and experience have where over 400 veterans attended. been much-valued at board meetings and con- Texas Alumni, and other Chamber of Com- Post 58 further provided accommodations to ferences. Her passion is clear, endless, and merce branches and school district education their national counterparts for four additional passed on to everyone who met her. foundations. She has also had professional af- days to assist veterans through their ‘‘Veteran With money often a concern in keeping sites filiations with Americans for the Arts, Texas Al- Crisis Command Center’’ where a team known liance for the Arts, Association of Fundraising open, Margaret ‘‘worked day and night trying to get grant money and many times she gave as a ‘‘triage team’’ was available to help vet- Professionals, Texas Travel Industry Associa- erans get access to the medical care they de- tion, North Hills Hospital Board, and the Texas up her own salary in order to not close the doors to Children’s Rights Council’’ according serve. The American Legion Post 58’s com- Chamber of Commerce Executives. mitment to our community’s veterans is re- Suffice it to say, Carolyn loves to help oth- to one of her colleagues. Working with the markable and their team is comprised of dedi- ers through her organizations and community family court system, Margaret developed rela- cated veterans who volunteer their time to service, listening to their concerns, sharing job tionships with judges, CASA volunteers and serve fellow veterans. The American Legion in opportunities, and providing means of assist- community leaders to move forward the goals my district is currently led by Richard Britton. ance to those in need. She is the model of a of the Children’s Rights Council. In her quiet I thank him for his leadership. citizen who dedicates her life to working hard and earnest way, Margaret was able to make for her neighbors. the system of court ordered supervised visits The American Legion Paso Del Norte Post Mr. Speaker, on behalf of the 24th Congres- work in the best way possible for children and 58 is an asset to our veteran community and sional District of Texas, I ask all my distin- parents. El Paso. I thank Post 58 for their commitment guished colleagues to join me in thanking As a colleague she mentored noted, ‘‘The to honoring our veterans and for helping Carolyn Sims for her years of service to world is a better place because she cared strengthen the bonds in the El Paso commu- Tarrant County, and various aspects of the about these children who had no way to see nity.

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JN8.011 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS E858 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2015 PERSONAL EXPLANATION founding President of the Florida Alliance for Jayne Bacon Garrison began serving her Retired Americans. Mr. Fransetta’s thoughtful- community in 1955, helping prepare Delaware HON. ALMA S. ADAMS ness and devotion to addressing the needs of County students to enter the workforce at the OF NORTH CAROLINA senior citizens has made him a trusted voice Pennsylvania Institute of Technology, an ac- IN THE HOUSE OF REPRESENTATIVES for seniors in my community and throughout credited junior college founded by her hus- Florida, and I laud his continued work on be- band, Walter. Together, Jayne and Walter Tuesday, June 9, 2015 half of our nation’s retired and aging commu- have built P.I.T. into the school it is today, with Ms. ADAMS. Mr. Speaker, on June 4, 2015 nities. 800 students and more than 150 faculty mem- I was absent for recorded votes #298 through Mr. Fransetta’s efforts to support labor rights bers. Jayne continues to serve as the school’s #308 due to the passing of my mother. began during his work with the Ford Motor Chief Operating Officer and a member of its I would like to reflect how I would have Company following his service in the U.S. Board of Trustees. voted if I were here: Navy during the Korean War. At Ford, Mr. But Jayne’s contributions to her community On Roll Call #298 I would have voted No Fransetta served as a leader for the United expand far beyond P.I.T. She’s long been ac- On Roll Call #299 I would have voted No Auto Workers and represented 15,000 em- tive in a wide variety of philanthropic endeav- On Roll Call #301 I would have voted Yes ployees negotiating contracts and chairing pro- ors, including the Boy and Girl Scouts of On Roll Call #302 I would have voted No grams such as quality control, insurance bene- America, the American Red Cross, the Dela- On Roll Call #303 I would have voted No fits, drug treatment, and employee education. ware County Historical Society and the Elwyn On Roll Call #304 I would have voted No Following his retirement from Ford in 1990, Foundation. Jayne has focused particularly on On Roll Call #305 I would have voted Yes Mr. Fransetta joined the National Council of serving our veterans, aiding efforts to ease On Roll Call #306 I would have voted Yes Senior Citizens and was pivotal in trans- their transition to civilian life. On Roll Call #307 I would have voted No forming the council into the Florida Alliance for Over the years, Jayne has been recognized On Roll Call #308 I would have voted Yes Retired Americans in 2002. For over 13 years, by many organizations for her persistence and f Mr. Fransetta has dedicated himself to advo- dedication. Last week, she added to that list HONORING THE MICCOSUKEE IN- cating on behalf of aging Americans and has as she received the 30th Anniversary Pearl DIAN SCHOOL FOR RECEIVING received many accolades for his tireless work, Award from the Delaware County Women’s FLEXIBILITY TO USE CUL- including a lifetime achievement award from Commission. It’s a fine honor, and one she TURALLY RESPONSIVE STAND- the national Alliance for Retired Americans well deserves. ARDS and the honor of being appointed as a dele- f gate to the White House Conference on Aging HON. FREDERICA S. WILSON in 2005. THE OCCASION OF THE 100TH AN- Mr. Fransetta’s passion to civic service is NIVERSARY OF HOLY TRINITY OF FLORIDA reflected as well in his work as the chairman GREEK ORTHODOX CATHEDRAL IN THE HOUSE OF REPRESENTATIVES for the local area Auto Retiree Council, the Tuesday, June 9, 2015 chairman of the U.A.W. Florida Retiree C.A.P., HON. MARCY KAPTUR Ms. WILSON of Florida. Mr. Speaker, today which represents 26,000 retirees in Florida, OF OHIO I rise to honor a historic chapter in Indian edu- the Vice President of the Executive Board, IN THE HOUSE OF REPRESENTATIVES cation. The Miccosukee tribe is the first tribe A.F.L.–C.I.O. State of Florida, and a General Tuesday, June 9, 2015 to receive flexibility from the Department of Policy Board Member for the national Alliance Ms. KAPTUR. Mr. Speaker, I rise today to Education to use academic standards under for Retired Americans. recognize a very important milestone in the life the No Child Left Behind Act that reflect the The amount of time and effort Mr. Fransetta of a church community in my District. Exactly unique culture of its people and needs of its has expended for the betterment of his com- 100 years ago today, Holy Trinity Greek Or- children. munity is truly admirable and exhibits a level The standards developed for the of passion worthy of recognition. It is with thodox Church was incorporated. On June 27, Miccosukee Indian School integrate the tribe’s great pleasure that I honor my dear friend, 2015, His Eminence Archbishop Demetrios, culture and language while establishing tough Tony Fransetta and I know that his passionate Primate of the Greek Orthodox Church of academic standards that will promote college advocacy will continue to inspire Floridians to America, will lead the congregation and our and career readiness. live by his example. community in Holy liturgy to celebrate the occasion. Last Monday, Secretary of Education Arnie f Duncan and Secretary of the Interior Sally Toledo, Ohio rose up as a city of immi- Jewell hosted a ceremony to honor Chairman PERSONAL EXPLANATION grants. The city’s Greek Americans arrived in Colley Billie and Miccosukee Indian School Toledo in ever increasing numbers as the 20th Principal Manuel Varela for this unprece- HON. RON KIND Century dawned. These early settlers recognized the need to establish a church commu- dented achievement. OF WISCONSIN nity. Bonded through faith and tradition, the These new standards will not only help the IN THE HOUSE OF REPRESENTATIVES community had been holding services in dif- children of the Miccosukee tribe, but will pave Tuesday, June 9, 2015 the way for future work with other tribes. ferent locations in North Toledo. Upon incor- Chairman Billie and I have been in con- Mr. KIND. Mr. Speaker, I was unable to poration, the move to build a church of their versations about establishing a 5000 Role have my votes recorded on the House floor on own began in earnest. In October of 1915 a Models of Excellence Project at the Monday, June 1, 2015. Weather across the house was purchased on the same lot on Miccosukee Indian School. It is our hope to Midwest and eastern seaboard delayed my which the current church still stands. The re- make it a part of the My Brother’s Keeper ini- flight to Washington, DC until after votes had modeled house served as the church until a tiative. been called. Had I been present, I would have new church building was constructed. A splen- Congratulations Chairman Colley Billie and voted in favor of the Dingell Amendment (Roll did building in a Byzantine style, the church is the Miccosukee Indian School. Congratula- no. 264) and the Lowenthal Amendment (Roll truly magnificent. On Christmas Day 1920, the tions to all of the generations of Miccosukee no. 265). I would have voted against H.R. Divine Liturgy was celebrated for the first time children yet to be born. This school will make 1335 (Roll no. 267). in Holy Trinity Greek Orthodox Church. a huge impact on your lives. f The Cathedral itself serves to anchor the heart of Toledo in its near north end. Along f RECOGNIZING JAYNE BACON the Cathedral’s perimeter, visitors from near HONORING MR. TONY FRANSETTA GARRISON and far are welcomed to Toledo in sculpted letters carved into the landscape and a light HON. THEODORE E. DEUTCH HON. PATRICK MEEHAN shines forth from its entry foyer both day and OF FLORIDA OF PENNSYLVANIA night. Holy Trinity’s congregants have built an IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES institution worthy of its founders and vital to our community’s character. Tuesday, June 9, 2015 Tuesday, June 9, 2015 Through the coming decades the church Mr. DEUTCH. Mr. Speaker, I rise today in Mr. MEEHAN. Mr. Speaker, I rise today to community grew. Even in the hardship years honor of Tony Fransetta who is retiring as the recognize a lifelong servant of Pennsylvania. of Depression and Wars, the members of the

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.015 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS June 9, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E859 church soldiered on. They sacrificed and today serve in leadership positions in legal but, during all the ups and downs, that was prayed and the church thrived. As the years practice, government, business and non-profit never what defined him. Instead, he was a continued and the church grew, the Greek organizations. champion for those in need. Bob volunteered American Progressive Association organized a For over 45 years, the Santa Barbara and with the RESULTS organization, which works chapter named Parmenides Lodge No. 136, Ventura Colleges of Law have provided nu- to reduce poverty and child mortality. Bob’s auxiliaries were formed, and federations in- merous opportunities and access to legal advocacy was unparalleled; I met with him cluding Pan-Arcadian, Tenedian, Cretan, training in the practice of law through its Juris many times, both in my district office and in Samian, Corinthian, and Sterea-Elias came to- Doctor and Master of Legal Training degree DC. Each time, I was impressed and humbled gether to preserve the culture. The ladies of programs. Through legal clinics, public service by his passion for helping others, by his com- the church organized under the Holy Trinity programs, and the work of its students as in- mitment to service. He had a heart for the Greek Orthodox Ladies Philoptochos Society. terns for governmental entities and non-profit world, doing everything within his power to im- The Daughters of Penelope reactivated organizations, the Colleges of Law have fur- prove the lives of each and every person in Dodona Chapter No. 24. World War II brought ther reinforced the rule of law and access to this world. My prayers are with Bob’s family the formation of chapters of the Greek War legal services. Furthermore, these colleges and the RESULTS team as they learn to live Relief Association to help those suffering in have been active stewards of the community with Bob’s memory rather than his person, Greece. by providing space, sponsorship and support and I suggest to all of us, that we take Bob’s The post-war years saw progressive leader- for local law-related activities, including those passion and service to heart, and put it before ship and a renewed spiritual activity. Choir of judiciary, bar associations, bar foundations, us as an example. and Sunday School were re-energized, The schools and other groups throughout the re- f Hellenic Youth Organization was formed fol- gion. lowed by the Greek Orthodox Youth of Amer- On the occasion of its 45th anniversary, it is A TRIBUTE TO SAMANTHA ica. This time also brought a realization of the my sincere pleasure to honor the Santa Bar- MAGNUSON need for new church structures. Ground was bara and Ventura Colleges of Law for its con- broken in October 1951 for a new Education tributions to academic excellence in the teach- HON. DAVID YOUNG Building which was dedicated on September ing of law and to the service and community OF IOWA 13, 1953. In 1958, adjacent land was pur- leadership provided by its graduates. IN THE HOUSE OF REPRESENTATIVES chased. Improvements continued in the church f Tuesday, June 9, 2015 culminating in a major renovation in 1966. The A TRIBUTE TO ERIN HAMMOND Mr. YOUNG of Iowa. Mr. Speaker, I rise newly refurbished church was consecrated on today to recognize the outstanding commit- May 22, 1966. With this consecration, a dream ment Samantha Magnuson demonstrates to conceived so many years before became a re- HON. DAVID YOUNG her community of McClelland, Iowa. Samantha ality. OF IOWA and her family have deep roots in McClelland. Holy Trinity Greek Orthodox Church contin- IN THE HOUSE OF REPRESENTATIVES She has a strong record of volunteer service ued to grow and has been woven into the fab- Tuesday, June 9, 2015 to her community by helping with the annual ric of our community. It remains in Toledo’s City-Wide Cleanup Day, the Children’s Easter older North End near downtown and draws Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and congratulate an ac- Egg Hunt and Halloween Party, and assisting our entire community to its renowned festival with the Christmas program, along with many each September. In 1987, the parish was ele- complished Iowa high school graduate, Erin Hammond of Polk City, Iowa, as she prepares other activities throughout the year. vated to a Cathedral. As the 20th century Samantha will be graduating this year from to embark on a journey overseas to fight hun- came to a close and a new century dawned, Underwood High School in Underwood, Iowa. ger and help those who are most in need. Holy Trinity Greek Orthodox Cathedral and its She has been awarded the $16,000 First Gen- The World Food Prize Borlaug-Ruan Inter- members remained integral to Toledo. Today, eration Scholarship from the Iowa West Foun- national Internship Program offers a number of Holy Trinity Greek Orthodox Cathedral serves dation. She is planning to attend Iowa West- Iowa high school graduates the opportunity to 450 families. The cathedral is part of the Me- ern Community College and focus on a gen- travel overseas and participate in efforts to tropolis of Detroit, of the Greek Orthodox eral education. Her future plan is to pursue a fight hunger in Africa, Asia, Latin America, and Archdiocese of America, of the Ecumenical degree in engineering. the Middle East. This program was created by Patriarchate. It serves as a beacon of light to Samantha Magnuson is an active member Dr. Norman Borlaug and John Ruan, Sr., to the faithful and fulfills the promise in Ephe- of her community and is making a difference create interest in the agricultural sciences and sians 2:20–22, ‘‘Built on the foundation of the by helping others. It is with great honor that I give young people valuable experience in apostles and prophets, Christ Jesus himself recognize her today. I know that my col- global food security jobs and research. being the cornerstone, in whom the whole leagues in the House join me in honoring her Erin will be spending her time at the SM structure, being joined together, grows into a accomplishments. I thank her for her service Sehgal Foundation in Gurgaon, India. She will holy temple in the Lord. In him you also are to the McClelland, Iowa community and wish be conducting research on nonprofit organiza- being built together into a dwelling place for her and her family all the best moving forward. God by the Spirit.’’ I join with the members of tions and how to optimize the benefits they f Holy Trinity Greek Orthodox Cathedral as well provide to those who are less fortunate. Erin’s as our larger community in celebrating a cen- passion for helping others is what inspired her TRIBUTE TO ED BORCHERDT tury of faith. to apply for this program. f It is with great pride that I recognize and HON. BARBARA COMSTOCK congratulate Erin as she celebrates this great OF VIRGINIA HONORING THE 45TH ANNIVER- accomplishment. I commend her for her hard IN THE HOUSE OF REPRESENTATIVES SARY OF THE SANTA BARBARA work and dedication to ending world hunger AND VENTURA COLLEGES OF and her commitment to improving the lives of Tuesday, June 9, 2015 LAW others. I wish her nothing but the best moving Mrs. COMSTOCK. Mr. Speaker, I rise to forward. honor the life of Ed Borcherdt. He was a lead- HON. JULIA BROWNLEY f er and entrepreneur. Mr. Borcherdt attended OF CALIFORNIA Stanford University and received his BA and HONORING BOB DICKERSON IN THE HOUSE OF REPRESENTATIVES MBA there. He was the president of his own company, Borcherdt & Co. Tuesday, June 9, 2015 HON. DAVID G. REICHERT Mr. Borcherdt served his country as a Ms. BROWNLEY of California. Mr. Speaker, OF WASHINGTON USMC Infantry Officer during the Korean War today I rise to recognize and congratulate the IN THE HOUSE OF REPRESENTATIVES and later became a founding and vital member Santa Barbara and Ventura Colleges of Law of the Korean War Veterans Memorial Foun- for their many years of outstanding leadership Tuesday, June 9, 2015 dation. He also served on the board of the in education and remarkable services to the Mr. REICHERT. Mr. Speaker, today I rise to Devil Pups Youth Program for America. Mr. Central Coast community. honor the life of an amazing Washingtonian— Borcherdt was twice appointed by President The Santa Barbara and Ventura Colleges of Bob Dickerson. Bob died of cancer last week, Reagan to serve on the Board of Visitors of Law have educated over 1,800 graduates who something he had been dealing with for years, the Naval Academy.

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.020 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS E860 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2015 As Chairman of the Great Falls Memorial A TRIBUTE TO DON AND JOANNE requires the U.S. to provide Taiwan with de- Committee, Mr. Borcherdt tremendously JORGENSEN fensive weapons. helped his community. Previously, he was the Since I came into office in 2008, mutual President of the McLean Rotary Club and HON. DAVID YOUNG ROC-U.S. trust has been restored at the high- founded and served as the President of the OF IOWA est levels of government. And over the past Northern Virginia Brittany Club. IN THE HOUSE OF REPRESENTATIVES two years, there have been frequent, recip- Mr. Borcherdt, known for his optimism, em- rocal visits by high-level officials. phasized his motto: ‘‘onward and upward’’. He Tuesday, June 9, 2015 In April of last year, U.S. Environmental Pro- will also truly be remembered for his countless Mr. YOUNG of Iowa. Mr. Speaker, I rise tection Agency Administrator Gina McCarthy and endless service to his county and his today to recognize and honor Don and Joanne visited Taiwan, and Charles Rivkin, Assistant community. I am confident that his passion Jorgensen on the very special occasion of Secretary of State for Economic and Business and love for his country will serve as an inspi- their 65th wedding anniversary. Affairs is visiting Taiwan now. At the same ration for millions of people. Don and Joanne were married on April 9, time, heads of various ROC government agen- f 1950. Their lifelong commitment to each other cies have visited the U.S., so there is a solid and their family truly embodies our Iowan val- foundation of mutual trust there. A TRIBUTE TO RICHARD AND ues. I salute this devoted couple on their 65th The ROC is also gaining more support in JOAN MADISON year together and I wish them many more. I Congress. Just last month during deliberations know my colleagues in the House of Rep- on the National Defense Authorization Act HON. DAVID YOUNG resentatives will join me in congratulating them (NDAA) for Fiscal Year 2016, the House and OF IOWA on this momentous occasion. Senate Armed Services Committees both IN THE HOUSE OF REPRESENTATIVES f passed initiatives that call for increased U.S.- ROC military exchanges. Tuesday, June 9, 2015 A TRIBUTE TO THE ENDURING In addition to strong security ties, Taiwan- Mr. YOUNG of Iowa. Mr. Speaker, I rise U.S./TAIWAN FRIENDSHIP U.S. trade relations have also made significant today to recognize and honor Richard and progress over the last few years. In March of Joan Madison on the very special occasion of HON. ROBERT A. BRADY 2013, after a five-year hiatus, we reopened their 60th wedding anniversary. OF PENNSYLVANIA negotiations with the U.S. under the Trade Richard and Joan’s lifelong commitment to IN THE HOUSE OF REPRESENTATIVES and Investment Framework Agreement (TIFA), each other and to their many children and a platform set up in 1994 to facilitate talks in Tuesday, June 9, 2015 grandchildren truly embodies our Iowan val- trade and investment matters. We have con- ues. I salute this devoted couple on their 60th Mr. BRADY of Pennsylvania. Mr. Speaker, I tinued bilateral consultations in a series of 12 year together and I wish them many more. I rise today to call for greater support for closer work conferences, and have made significant know my colleagues in the United States U.S./Taiwan relationship. Taiwan is an impor- progress. As of the end of this March, the House of Representatives will join me in con- tant economic and security partner, and as an ROC is America’s 10th largest trading partner, gratulating them on this momentous occasion. advanced industrial economy, has much to surpassing Brazil and Saudi Arabia, and the f contribute to the world. I would also like to U.S. is Taiwan’s third largest, after mainland take this opportunity to share a speech enti- China and Japan. RECOGNIZING THE LIFE AND LEG- tled ‘‘True Friendship Lasts Forever’’ ad- Let me turn to cross-strait relations. Over ACY OF ARCELLE DANESE dressed by Taiwan President Ma Ying-jeou on the past seven years, Taiwan and mainland THOMAS June 2, 2015, at a video conference at Stan- China have signed 21 agreements. In April ford University. In his speech, President Ma last year, U.S. Assistant Secretary of State for HON. NORMA J. TORRES delineated the importance of future coopera- East Asian and Pacific Affairs Daniel Russel OF CALIFORNIA tion opportunities between our two countries. said in Congress that ‘‘As a general matter, IN THE HOUSE OF REPRESENTATIVES Below is the summary of President Ma’s we very much welcome and applaud the ex- speech. For the full transcript, please visit the traordinary progress that has occurred in Tuesday, June 9, 2015 website of the office of the President of the cross-strait relations under the Ma administra- Mrs. TORRES. Mr. Speaker, I rise today to Republic of China: http:// tion.’’ honor Arcelle Danese Thomas, who passed www.president.gov.tw. In addition to seeking stable development in away peacefully on April 7, 2015, at the age Summary of President Ma’s remarks: cross-strait and ROC-U.S. relations, Taiwan of 99. ‘‘This year marks the 70th anniversary of has also taken concrete actions over the past Arcelle moved to Los Angeles in 1937, and the end of World War II. In July 1937, two few years to be a regional peacemaker in both remained a resident of the county for the rest years before WWII broke out, ROC forces the East China Sea, and the South China of her life. After graduating from California began fighting against Japanese aggression Sea. Back in August of 2012, I proposed the State University Los Angeles, she worked as alone, and for four long years, they continued East China Sea Peace Initiative. That Initiative a teacher for the Los Angeles Unified School with virtually no outside help. It wasn’t until the asks stakeholders to forgo conflict in favor of District and spent 30 years teaching children Pearl Harbor attack in December 1941 that peaceful negotiations, and emphasizes co- general education at South Park Elementary the ROC joined forces with the Allies to de- operation in sharing resources. Eight months School. Outside of the classroom, Arcelle clare war against Japan, Germany, and Italy. later in April of 2013, Taiwan and Japan worked to improve childhood education by The United States proved to be a staunch signed a fisheries agreement that embodies serving as the President of the American friend. The most notable example of that the spirit of that Initiative, and solved a fish- Childhood Education Institute. friendship was the American Volunteer Group eries dispute between Taiwan and Japan that An active member of the community, Arcelle (AVG), organized in 1941 even before the has troubled both countries for 40 years. Sec- became a lifetime member of the Alpha Kappa Pearl Harbor attack, a group that became leg- retary of State John Kerry has publicly stated Alpha sorority. Even in her later years, she led endary by their nickname: The Flying Tigers. that the ROC-Japan fisheries agreement is a her senior citizen’s center community group, During the Cold War period following World model for promoting regional stability, and that which further demonstrates her initiative and War II, the friendship between the ROC and the principles at the heart of the East China commendable leadership qualities. the U.S. flourished, as the U.S. continued to Sea Peace Initiative apply to all of the waters Arcelle was one of ten brothers and sisters. help us militarily while providing economic as- in Asia. While she was born in Albuquerque, New sistance. Between 1950 and 1965, that assist- On the 26th of last month, I formally an- Mexico, she spent the majority of her life in ance included U.S. $1.5 billion in economic nounced the South China Sea Peace Initiative, Southern California where she raised a family aid, which is probably worth at least 12 billion hoping that the relevant parties will: ‘‘shelve with her husband of 63 years. She is survived now. sovereignty dispute, pursue peace and reci- by her sister, daughter, and loving grand- Although the ROC and U.S. severed diplo- procity, and promote joint exploration and de- children. matic ties in 1979, barely three months later, velopment.’’ By upholding those principles, we For her contributions to the community and the U.S. Congress passed the Taiwan Rela- hope that all the parties involved will work to- for her many other achievements, I would like tions Act (TRA). Under that Act, Taiwan is gether to maintain regional peace and pro- to honor Arcelle Danese Thomas and her fam- treated as a foreign government for purposes mote regional development. Immediately, a ily. of U.S. law and in U.S. courts. The Act also U.S. State Department official stated that the

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.024 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS June 9, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E861 U.S. appreciates the proposals in the South nel Islands Harbor has been serving the citi- torney who recently received one of Poland’s China Sea Peace Initiative. I sincerely hope zens of Ventura County and visitors alike as highest awards in recognition of his efforts to that all of the outstanding scholars and ex- the first recreational harbor in the region. Visi- build a new economy from the rubble of com- perts gathered here will support the pursuit of tors can enjoy numerous outdoor venues in- munism. peace that I’ve presented today.’’ cluding several beach-lined parks and coast- Mr. Bell received the Polish Commanders Mr. Speaker, I highly recommend that all of line for picnics and surfing, as well as nearby Cross in Warsaw on May 13, 2015, to honor my colleagues review President Ma’s impor- biking and walking paths. The harbor offers a his dedicated service, over a quarter century tant remarks and that we continue to work to number of restaurants and a diverse collection ago, ‘‘in furthering Poland’s systemic and eco- strengthen the bonds of friendship between of shops to stroll. nomic transformation.’’ Working with the Polish the people of the United States and of the For fishing enthusiasts, there are sport fish- Ministry of Finance under Leszek Balcerowicz, ROC. ing excursions throughout the year. And from Mr. Bell stepped forward to help build a new f December through April, daily tours can offer and robust free-market system in the wake of a glimpse at the majestic whales that traverse the 1989 elections that saw Solidarity leader A TRIBUTE TO ERICKA ABELL the waters off our coastline. The harbor is also Tadeusz Mazowiecki named prime minister. a departure point for voyages of exploration to The goal under the first non-communist gov- HON. DAVID YOUNG the remarkable Channel Islands. ernment in the post-World War II period was OF IOWA Though initial development included only a to accomplish what had never been done be- IN THE HOUSE OF REPRESENTATIVES small portion of the current harbor area, Chan- fore—to build new capitalist institutions in Tuesday, June 9, 2015 nel Islands Harbor now includes over 300 record time to stir the Polish economy from acres of land and water, including 2,200 boat Mr. YOUNG of Iowa. Mr. Speaker, I rise decades of mismanagement and integrate the slips, two hotels, two yacht club buildings, two today to recognize and congratulate Ericka nation into the economies of Western Europe. boat yards, three shopping areas, two free- As a partner at the Washington firm of Abell for being awarded the Hawkeye 10 All- standing restaurants, a Maritime Museum, and Hogan & Hartson with over 20 years of regu- Conference Character Award. Ericka was selected for this honor because over 100 condominiums and 400 apartments, latory and commercial experience, Mr. Bell of the exceptional character she displayed providing both a thriving community and a rec- ably served as pro-bono counsel to the Polish throughout her years at Creston High School. reational destination along the Central Coast Ministry of Finance in the critical years of 1989 This award is only given to students who dem- of California. to 1990, when the government launched re- For these reasons, it is my sincere pleasure onstrate good character in Trustworthiness, forms through ‘‘shock therapy’’ changes to Po- to offer my congratulations to the Channel Is- Respect, Responsibility, Fairness, Caring, Citi- land’s economic system. lands Harbor on its 50th anniversary and its His experience in project finance and as a zenship, Overcoming Obstacles, Making Dif- countless contributions to the region. leading advocate of introducing competition ficult Choices, Generosity, Self-Sacrifice, and into closed energy markets in the U.S. was in- Community Service. She is the daughter of f valuable in taking on the challenges of cre- Scott and Mendy Abell of Cromwell, Iowa. A TRIBUTE TO GARY BUCKLIN It is with great pride that I represent out- ating capital markets, a stock exchange, a standing Iowans like Ericka in the U.S. House HON. DAVID YOUNG convertible currency, orderly privatization and of Representatives. I know that all of my col- other features of a free-market system. The OF IOWA rapidity and scope of the changes were noth- leagues in the House join me in congratulating IN THE HOUSE OF REPRESENTATIVES her on being recognized with this award. I ing less than a leap of faith into uncharted wish her and her family nothing but the best Tuesday, June 9, 2015 legal and economic waters. The challenges were immense: Poland was moving forward. Mr. YOUNG of Iowa. Mr. Speaker, I rise suffering acute hyperinflation, falling produc- f today to recognize Mr. Gary Bucklin for a wonderful career as KSIB radio’s sports director in tivity, huge foreign debt and shortages of con- HONORING THE 50TH ANNIVER- Creston, Iowa. sumer goods. As part of an intrepid team of SARY OF THE CHANNEL ISLANDS For the past 30 years, Gary has been the advisers that included economist Jeffrey HARBOR man on the microphone for all local sports Sachs, Mr. Bell’s tireless work helped usher in coverage on KSIB radio. He received his first breathtaking reforms that stemmed inflation, HON. JULIA BROWNLEY job in broadcasting announcing the fourth attracted foreign investment, relieved Poland OF CALIFORNIA grade talent show in his hometown of Bayard, of its debt burden, and increased productivity. The miracle turnaround of Poland’s econ- IN THE HOUSE OF REPRESENTATIVES Iowa, and by driving the streets of Bayard in omy, coupled with the rise of democracy, Tuesday, June 9, 2015 a speaker car announcing the grand opening for a local gas station. Since that time, Bucklin paved the way for the nation to secure NATO Ms. BROWNLEY of California. Mr. Speaker, served in the Air Force during the Vietnam membership and join the European Union. today I rise to recognize Channel Islands Har- War, worked in retail, but always retained the Mr. Bell returned full-time to his law practice bor on the occasion of the harbor’s 50th anni- radio ‘‘bug’’. He came to work for KSIB in in Washington, D.C., in 1990 but that didn’t versary as a premier harbor along the Central 1985, becoming a part of not only the Creston end his commitment to helping emerging na- Coast. community, but of every community in the tions. His expertise has taken him to Mon- In the 1940’s, the United States Congress area where he would broadcast their golia, Liberia, Sao Tome & Principe, among directed the U.S. Army Corps of Engineers to ballgames. He will be remembered for his others, to help structure extraction systems address the issue of beach erosion affecting deep commitment to the communities, the that work for the benefit of the many rather the Naval Bases on the Ventura County coast, coaches and the students he so passionately than enriching the few. as well as communities and wetlands south of Currently serving Of Counsel to Hogan spoke about. Port Hueneme. A location was recommended I know that my colleagues in the U.S. Lovells, Mr. Bell’s work to shape mining and by the U.S. Army Corps of Engineers for a House of Representatives join me in congratu- energy policy in Africa, Asia, and the Mid- sand trap and breakwater in Hollywood by the lating Mr. Gary Bucklin on his well-deserved east—including the management of extraction Sea, and authorized by Congress in 1954. retirement and wish him the best in his future revenues and general issues of transparency Construction of the sand trap and entrance endeavors. I consider it an honor to represent and governance—will have a lasting impact. to Channel Islands Harbor began in 1959 for Mr. Bell’s career milestones also include him in Congress. the purpose of preventing coastal erosion and serving as general counsel to Citizens Energy providing boating and other recreational op- f Corporation, which my father founded to use portunities to residents of Ventura County. The JOSEPH C. BELL TRIBUTE successful energy ventures to generate reve- development of Channel Islands Harbor was nues to help the poor, from its inception up to an example of cooperation among the U.S. HON. JOSEPH P. KENNEDY, III 1989; working as Assistant General Counsel Army Corps of Engineers, the U.S. Navy, the OF MASSACHUSETTS in the Federal Energy Administration; serving County of Ventura, and businesses investing IN THE HOUSE OF REPRESENTATIVES on the Duke Law School faculty and as an at- in the harbor. That cooperation continues to torney in the Antitrust Division of the U.S. Jus- this day. Tuesday, June 9, 2015 tice Department. Since the County of Ventura held the grand Mr. KENNEDY. Mr. Speaker, I rise to pay Since 2001, the 1968 Yale Law School opening of the harbor in May of 1965, Chan- tribute today to Joseph C. Bell, a visionary at- graduate has also been associated with the

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.028 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS E862 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2015 International Senior Lawyers Project, which support to the United States in the war against Ventura Unified School District, becoming the provides volunteer legal services to promote al Qaeda, having provided a safe transit route first woman to serve in the position. the rule of law, economic development and to resupply our troops in Afghanistan. Azer- During her tenure as superintendent, Dr. human rights in developing countries. baijan leads the Central Asian area in regional Arriaga was able to enhance the quality of Between his legal expertise, dedication to economic cooperation, and is a crucial in Eu- education at the district. Seventeen of Ventura public service, advocacy for human rights and ropean energy security matters. Unified School District’s 27 schools have social justice, and broad range of volunteer Mr. Speaker, I ask the House to join me in achieved an API score of 800 or above, drop- experience, Mr. Bell embodies the tradition of thanking the people of Azerbaijan for their out rates throughout the district have de- the ‘‘Wise Men of Washington’’—in the best friendship, and in congratulating Azerbaijanis creased as attendance rates have increased. sense of the term. around the world on the anniversary of Repub- She also brought a focus on schools of choice Mr. Speaker, I once again want to congratu- lic Day. and helped new elementary and middle late Mr. Bell for the honors accorded to him by f schools focus on Science Technology Engi- the Polish government and to thank him for a neering and Mathematics (STEM), leadership long career of service to our nation and the A TRIBUTE TO THE BETH EL and the arts. Dr. Arriaga also brought a dual international community. JACOB SYNAGOGUE language program to the district and greatly f encouraged the program. Now, many students HON. DAVID YOUNG are learning new languages and graduating A TRIBUTE TO ASHLEY HARRIS OF IOWA with a multilingual seal. HON. DAVID YOUNG IN THE HOUSE OF REPRESENTATIVES For over three decades, Dr. Arriaga has Tuesday, June 9, 2015 dedicated her career to the education and OF IOWA academic success of countless students. She IN THE HOUSE OF REPRESENTATIVES Mr. YOUNG of Iowa. Mr. Speaker, I rise is a passionate advocate for children and con- Tuesday, June 9, 2015 today to recognize and congratulate a great tinually demonstrates her support and encour- Iowa Synagogue, Beth El Jacob Synagogue in Mr. YOUNG of Iowa. Mr. Speaker, I rise agement of students. When making important Des Moines, Iowa, as they celebrate the in- decisions, Dr. Arriaga considers every angle, today to recognize and congratulate Ashley coming of their New Torah. Harris for being awarded the Hawkeye 10 striving for the most beneficial solutions. Originally formed in 1881, Beth El Jacob Following her retirement from Ventura Uni- Conference Academic All-Conference Award. Synagogue was created by a group of Lithua- Ashley was selected for this honor because fied School District, Dr. Arriaga will continue nian Jews. The first permanent congregation of her commitment to academic excellence, her service and work for students and edu- started in 1885 at the corner of East Second maintaining a high grade point average cation at California Lutheran University, where and Walnut Street in Des Moines. Throughout throughout all four years of her education at she will soon serve as a full time instructor the early 1900s Beth El Jacob called a num- Creston High School. She also received a 29 and as the administrator of the Education ber of locations in Des Moines home. It wasn’t or higher on her ACT. Ashley is the daughter Leadership Doctoral and Master’s Program. until the mid-1900s that the congregation built of Rod and Becky Harris of Creston, Iowa. She has also accepted a contract from Corwin their permanent location, the Beth El Jacob It is with great pride that I represent Iowans Press Publications and will be co-authoring a Synagogue. like Ashley in the U.S. House of Representa- book on cultural proficiency. It is with great pride that I recognize Beth El tives. I know that all of my colleagues in the Dr. Arriaga’s passion for education for all Jacob Synagogue today as they celebrate this House join me in congratulating her for being students is unquestionable, and it is my sin- momentous occasion. I commend them for recognized with this award. I wish her and her cere pleasure to join the Ventura Unified their support to the Des Moines community family nothing but continued success in the fu- School District in honoring Dr. Trudy Tuttle and their commitment to improving the lives of ture. Arriaga for her 35 years of dedication, pas- others. I wish the entire staff and congregation f sion, leadership and service for the students nothing but the best moving forward. and community of Ventura. I wish her all the AZERBAIJAN f best in her future endeavors. RECOGNIZING DR. TRUDY TUTTLE f HON. GENE GREEN ARRIAGA OF TEXAS A TRIBUTE TO JEFF HARMSEN IN THE HOUSE OF REPRESENTATIVES HON. JULIA BROWNLEY Tuesday, June 9, 2015 OF CALIFORNIA HON. DAVID YOUNG Mr. GENE GREEN of Texas. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES OF IOWA I rise today to call to the attention of my col- Tuesday, June 9, 2015 IN THE HOUSE OF REPRESENTATIVES leagues the 97th Anniversary of the Republic Tuesday, June 9, 2015 Day of Azerbaijan. Ms. BROWNLEY of California. Mr. Speaker, Republic Day celebrates Azerbaijan’s dec- today I rise to recognize Dr. Trudy Tuttle Mr. YOUNG of Iowa. Mr. Speaker, I rise laration of its independence from the Russian Arriaga, a supportive, encouraging, and inspi- today to recognize the outstanding heroism Empire on May 28, 1918, becoming the re- rational educational leader and advocate in displayed by Jeff Harmsen, of Des Moines, gion’s first Muslim democratic secular republic Ventura, California. Iowa. in Central Asia. After earning a Bachelor’s and Master’s de- In the early morning hours of May 8, 2015, While that independence was short lived, gree, teaching credentials, and a Doctorate Mr. Harmsen was taking his normal morning from 1918–1920, the young Democratic Re- from the University of Southern California, Dr. commute when out of the corner of his eye he public of Azerbaijan made tremendous strides, Arriaga worked as a paraeducator at Ventura noticed his longtime neighbors home up in granting women the right to vote long before Unified School District for two years beginning flames. Without hesitation, he parked his vehi- most Western democracies and laying the in 1974. She returned to Ventura Unified in cle and ran to the backside of the home. It foundation for architecture and formal edu- 1981 to begin her teaching career. She taught was then that he dialed 911 and made his first cational for future Azeris. special education at Mound Elementary attempt at alerting the homeowners. He pro- Two years after independence, Azerbaijan School and from there transferred to Balboa ceeded to pound on the home’s door, suc- was occupied by the Soviet Union, losing the Middle School where she taught general edu- cessfully alerting the owners inside. Because hard-won independence, and was forced to cation and the deaf/hard of hearing program. of his heroics he was able to safely rescue his become a republic in the U.S.S.R. In 1990, as She then became an itinerant teacher spe- neighbors and their pets without any serious the U.S.S.R. crumbled, Azerbaijan regained its cialist at Elmhurst and Loma Vista Elementary injuries. independence from the Soviets after seventy Schools. Dr. Arriaga continued her career as I would like to thank Mr. Harmsen for this years. On August 30, 1991, Azerbaijan’s Par- a teacher and assistant principal at De Anza selfless act and I ask my colleagues to join liament restored their nation’s independence Middle School and later became principal at me recognizing his heroics and bravery. I’m for the second time in a century, and weeks Sheridan Way Elementary School. She also proud to represent Iowans like Mr. Harmsen in later, adopted their Constitution. served as principal at El Camino High School the U.S. House of Representatives and I wish A valuable international ally, Azerbaijan was and Pacific High School. In July of 2001, Dr. him nothing but continued success in the fu- among the first nations offering unconditional Arriaga became the superintendent of the ture.

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JN8.032 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS June 9, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E863 A TRIBUTE TO NEIL MCCOY oping an anti-human trafficking app. We are General Selva doesn’t stand alone in de- proud of her accomplishments on behalf of our fending the Jones Act from its critics. HON. DAVID YOUNG community. In fact, Congress passed one of the strong- OF IOWA On behalf of the Twenty-Second Congres- est statements of support for the Jones Act IN THE HOUSE OF REPRESENTATIVES sional District of Texas, congratulations again last year as part of the National Defense Au- to Laquitta DeMerchant for receiving the Com- thorization Act, recognizing that it promotes ‘‘a Tuesday, June 9, 2015 munity Impact Award. We appreciate your strong domestic trade maritime industry, which Mr. YOUNG of Iowa. Mr. Speaker, I rise dedication to strengthening our community. supports the national security and economic today to recognize and congratulate Mr. Neil f vitality of the United States and the efficient McCoy of Villisca, Iowa, for being selected as operation of the United States transportation the recipient of the 2015 Iowa 4–H Hall of ALLIANCE WORLD CHAMPS system.’’ Fame Award. Iowa State 4–H and the Iowa 4– Mr. Speaker, I look forward to working with H Foundation sponsor the 4–H Hall of Fame HON. PETE OLSON my colleagues to maintain the Jones Act for a recognition award for volunteers and staff who OF TEXAS new century, fight for our domestic maritime have selflessly given their time and talents in IN THE HOUSE OF REPRESENTATIVES industry, and make sure that high quality, promoting the Iowa 4–H program. American-made vessels are being piloted by Tuesday, June 9, 2015 Mr. McCoy has been an active member American mariners. within 4–H throughout his distinguished ca- Mr. OLSON. Mr. Speaker, I rise today to f reer. He served as Page County Boys 4–H congratulate Clear Creek Independent School President in 1967. After graduating from high District’s (CCISD) robotics team and their KATY HIGH SCHOOL SOFTBALL school, Mr. McCoy attended Iowa State Uni- robot, Empire, for being named Alliance World STATE CHAMPIONS versity and returned to Page County to farm Champs at the For Inspiration and Recognition with his father. That is when he began volun- of Science and Technology (FIRST) Robotics HON. PETE OLSON teering with the 4–H program. He is a Page Competition Championship. OF TEXAS County Honorary 4–H member and a sup- The Robonauts is made up of students of all IN THE HOUSE OF REPRESENTATIVES porter of the Iowa 4–H Foundation 400 Club. ages from around CCISD. Together these stu- Tuesday, June 9, 2015 4–H has been a long tradition in the McCoy dents worked hand in hand with mentors from family. Mr. McCoy’s passion for 4–H is derived NASA’s Johnson Space Center to build their Mr. OLSON. Mr. Speaker, I rise today to from his grandfather Ralph and his father Mal- robot, Empire. The team travelled to St. Louis congratulate the Katy High School Lady Tiger colm who played major roles in his devotion to where they competed against 600 other engi- softball team for winning the Texas 6A State 4–H. Mr. McCoy has enjoyed the many pleas- neering teams from around the globe. The Championship. This incredible team is now the ures of helping his children Jeromy, Katina, Robonauts really had to put their engineering best in Texas! and Dustin participate in 4–H activities. He skills to the test. In St. Louis, Empire suc- With a young team, the Lady Tigers had a says his success in 4–H comes from the sup- ceeded in each competition, allowing the lot to prove. The team reached the second port he has had from his wife, Becky, and at- Robonauts to take home first place. Congratu- round of the playoffs last season and was de- tributes his accomplishments to her unwaver- lations to all of Robonauts’ team members and termined to perform better this season. This ing support. Their family has shared many mentors for their victory. We are excited to resilient team certainly rose to the challenge special memories through their years of in- see all that you accomplish in the future. this season. In the state tournament, the Lady volvement in 4–H. On behalf of the Twenty-Second Congres- Tigers ousted the powerhouses of Alvin, Mr. McCoy is an Iowan who has made a dif- sional District of Texas, congratulations again Brazoswood, and The Woodlands before de- ference and makes our state proud. He has to the CCISD Robonauts for being crowned feating Lewisville in the championship game. dedicated his life to helping young people in the Alliance World Champs. We are proud of the entire team and coaching 4–H and serving his community. It is with f staff for their immense dedication to each great honor that I recognize and congratulate other and to the sport. COMMEMORATING THE 95TH him today. I know my colleagues in the House On behalf of the Twenty-Second Congres- ANNIVERSARY OF THE JONES ACT join me in honoring his accomplishments. I sional District of Texas, congratulations again thank him for his service and wish him and his to Head Coach Kalum Haack and the Katy family all the best moving forward. HON. DEREK KILMER High School Lady Tigers softball team on their OF WASHINGTON State Championship. Thank you for bringing f the gold back home to Katy. IN THE HOUSE OF REPRESENTATIVES LAQUITTA DEMERCHANT f COMMUNITY IMPACT AWARD Tuesday, June 9, 2015 TRANSPORTATION, HOUSING AND Mr. KILMER. Mr. Speaker, I rise today to URBAN DEVELOPMENT, AND RE- recognize an important milestone in maritime HON. PETE OLSON LATED AGENCIES APPROPRIA- history. OF TEXAS TIONS ACT, 2016 IN THE HOUSE OF REPRESENTATIVES On June 5, 1920, the landmark Merchant Marine Act became law, establishing the im- SPEECH OF Tuesday, June 9, 2015 portance of maintaining a strong domestic Mr. OLSON. Mr. Speaker, I rise today to maritime fleet. HON. JANICE D. SCHAKOWSKY congratulate Laquitta DeMerchant for receiving That law, known as the Jones Act, was the OF ILLINOIS one of the World Youth Foundation’s 2015 anchor that allowed the United States to IN THE HOUSE OF REPRESENTATIVES Community Impact Award thanks to her work launch a highly trained and skilled group of Wednesday, June 3, 2015 as CEO of Fuzion Apps and dedication to her mariners who can serve to protect our nation community. in times of national emergency. It supports our The House in Committee of the Whole House on the state of the Union had under Ms. DeMerchant has numerous accomplish- shipyard industrial base and preserves our ca- consideration the bill (H.R. 2577) making ap- ments and shows tremendous enthusiasm for pacity to defend our homeland, patrol the propriations for the Departments of Trans- her community. She won the Women Innova- seas, and promote American jobs. portation, and Housing and Urban Develop- tion Mobile Award and the grand prize in the Ninety-five years later, it’s clear that the ment, and related agencies for the fiscal year Department of Labor’s Equal Pay App Chal- Jones Act has stood the test of time. ending September 30, 2016, and for other pur- lenge. Laquitta speaks at universities and high General Paul J. Selva, the Commander of poses: schools around the Houston area to increase U.S. Transportation Command, recently said, Ms. SCHAKOWSKY. Mr. Chair, I rise today awareness of wage gap issues and supports ‘‘I can stand before any group as a military to express my strong opposition to H.R. 2577, initiatives for working families. Laquitta also leader and say without the contribution that the Transportation, Housing, and Urban Devel- mentors young programmers and software de- the Jones Act brings to the support of our in- opment Appropriations Act. velopers in competitions throughout the nation. dustry there is a direct threat to national de- This legislation is severely underfunded. A member of her team at the Essence Festival fense, and I will not be bashful about saying Considering declining Federal Housing Admin- YESWECODE hackathon went on to win the it and I will not be silent.’’ istration receipts and increased Section 8 re- biggest international impact award for devel- I couldn’t agree more. newal costs, this year’s THUD bill is funded at

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.036 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS E864 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2015 $1.5 billion below last year’s level. The overall of the recall, almost doubling the previous NEEDVILLE HIGH SCHOOL STATE appropriations levels for all domestic discre- record. We’re on pace to break the record SOFTBALL tionary programs and priorities is lower than at again this year. Yet, this bill funds the National any point in more than a decade. That is the Highway Traffic Safety Administration—the root cause of the problem, and until the reck- agency responsible for monitoring and improv- HON. PETE OLSON less budget sequester is lifted, the priorities ing auto safety—just 1 percent above last OF TEXAS that Americans care about will not get the sup- year’s level. That is less than inflation. While IN THE HOUSE OF REPRESENTATIVES port they need. We must end sequestration I supported the amendment my colleague, now. Rep. MICHAEL BURGESS, successfully added to Tuesday, June 9, 2015 But the specific cuts in this bill are also a increase NHTSA funding by $4 million, that is Mr. OLSON. Mr. Speaker, I rise today to concern. H.R. 2577 imposes devastating cuts just a drop in the bucket in terms of what is congratulate the Needville High School softball on housing priorities. It would impose a more needed. It is also unfortunate that this bill cuts team for completing their season as Class 4A than 10 percent cut in public housing manage- the Office of the Secretary of Transportation— Texas State Runners Up. ment. It would also significantly underfund 4 percent below last year’s level and more After a history-making season, the Lady supportive housing for seniors, with that fund- than 10 percent below the President’s re- ing below last year’s level and almost 10 per- Blue Jays finished strong with a 33–8 record. quest—in order to slightly increase NHTSA They were led on and off the field by two out- cent below the President’s request. Those funding. We need to consider legislation like cuts will have devastating impacts on Ameri- standing young pitchers, Victoria Moreno and H.R. 1811, the Vehicle Safety Improvement Micayla Orsak, who received great encourage- cans struggling to make ends meet. Act, which would more than double NHTSA As has been highlighted by many of my col- ment from Coach Amber Schmidt. The Lady funding for its important work through a new leagues, this bill also fails to make rail infra- Blue Jays demonstrated immense dedication $3 fee on new vehicles. We need to ramp up structure, high speed rail, and positive train to the sport and remained motivated through- resources, authority, and other support for control a priority. Experts say that positive out the championship game. They fought hard NHTSA in order to significantly improve auto train control could have prevented the tragic until the very end! We are extremely proud of safety and save lives. I will continue to work Amtrak train derailment north of Philadelphia, the entire Needville High School softball team with Mr. BURGESS and others to get that done. but Congress continues to shirk its obligation and coaching staff. to adequately support it. That failure is inex- These are just a handful of the over- On behalf of the Twenty-Second Congres- cusable. whelming number of reasons I oppose H.R. sional District of Texas, congratulations again Finally, H.R. 2577 does not make the in- 2577. I am glad that the President has issued to the entire Lady Blue Jays softball team on vestment in auto safety oversight that the last a veto threat on the bill, and I will continue to an incredible season. We look forward to see- year has proven we need. 2014 was the year work to ensure that it is never enacted. ing everything this team accomplishes.

VerDate Sep 11 2014 06:00 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.041 E09JNPT1 emcdonald on DSK67QTVN1PROD with REMARKS Tuesday, June 9, 2015 Daily Digest Senate Senate on the nuclear force improvement program of Chamber Action the Air Force. Pages S3912–13 Routine Proceedings, pages S3889–S3976 McCain (for Heller/Casey) Amendment No. 1510 Measures Introduced: Seven bills and three resolu- (to Amendment No. 1463), to require a report on tions were introduced, as follows: S. 1528–1534, and the interoperability between electronic health records S. Res. 195–197. Page S3925 systems of the Department of Defense and the De- partment of Veterans Affairs. Page S3913 Measures Passed: McCain (for Rounds) Amendment No. 1520 (to Collector Car Appreciation Day: Senate agreed to Amendment No. 1463), to require the Secretary of S. Res. 196, designating July 10, 2015, as Collector Defense to develop a comprehensive plan to support Car Appreciation Day and recognizing that the col- civil authorities in response to cyber attacks by for- lection and restoration of historic and classic cars is eign powers. Page S3913 an important part of preserving the technological McCain (for Wicker) Amendment No. 1538 (to achievements and cultural heritage of the United Amendment No. 1463), to allow for improvements States. Page S3974 to the United States Merchant Marine Academy. Access to Federally Funded Facilities: Senate Page S3913 agreed to S. Res. 197, recognizing the need to im- McCain (for Ernst) Amendment No. 1579 (to prove physical access to many federally funded facili- Amendment No. 1463), to express the sense of Con- ties for all people of the United States, particularly gress that the Secretary of Defense should maintain and enhance robust military intelligence support to people with disabilities. Pages S3974–75 force protection for installations, facilities, and per- Grassroots Rural and Small Community Water sonnel of the Department of Defense and the family Systems Assistance Act: Senate passed S. 611, to members of such personnel. Page S3913–14 amend the Safe Drinking Water Act to reauthorize McCain (for Moran) Amendment No. 1622 (to technical assistance to small public water systems. Amendment No. 1463), to express the sense of Con- Page S3975 gress on reviewing and considering findings and rec- Water Resources Research Amendments Act: Sen- ommendations of the Council of Governors regarding ate passed S. 653, to amend the Water Resources cyber capabilities of the Armed Forces. Page S3914 Research Act of 1984 to reauthorize grants for and McCain (for Rubio) Amendment No. 1791 (to require applied water supply research regarding the Amendment No. 1463), to authorize a land ex- water resources research and technology institutes es- change at Navy Outlying Field, Naval Air Station, tablished under that Act. Page S3975 Whiting Field, Florida. Page S3914 Reed (for Udall) Amendment No. 1677 (to Measures Considered: Amendment No. 1463), to require the Secretary of National Defense Authorization Act—Agree- Defense to submit information to the Secretary of ment: Senate continued consideration of H.R. 1735, Veterans Affairs relating to the exposure of members to authorize appropriations for fiscal year 2016 for of the Armed Forces to airborne hazards and open military activities of the Department of Defense, for burn pits. Page S3914 military construction, and for defense activities of Reed (for Wyden) Amendment No. 1701 (to the Department of Energy, to prescribe military per- Amendment No. 1463), to improve the provisions sonnel strengths for such fiscal year, taking action on relating to adoption of retired military working the following amendments proposed thereto: dogs. Page S3914 Pages S3898–S3921 Reed (for Stabenow) Amendment No. 1733 (to Adopted: Amendment No. 1463), to require a report on plans McCain (for Hoeven) Amendment No. 1485 (to for the use and availability of airfields in the United Amendment No. 1463), to express the sense of the States for homeland defense missions. Pages S3914–15 D664

VerDate Sep 11 2014 07:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN5.REC D09JNPT1 emcdonald on DSK67QTVN1PROD with DIGEST June 9, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D665 Reed (for McCaskill) Amendment No. 1739 (to McCain (for Paul) Modified Amendment No. Amendment No. 1463), to require a conflict of in- 1543 (to Amendment No. 1463), to strengthen em- terest certification for Inspector General investiga- ployee cost savings suggestions programs within the tions relating to whistleblower retaliation. Federal Government. Page S3898 Page S3915 Reed (for Durbin) Modified Amendment No. Reed (for Feinstein) Amendment No. 1744 (to 1559 (to Amendment No. 1463), to prohibit the Amendment No. 1463), to authorize the Secretary of award of Department of Defense contracts to in- Veterans Affairs to carry out certain major medical verted domestic corporations. Page S3898 facility projects for which appropriations were made McCain (for Burr) Amendment No. 1569 (to for fiscal year 2015. Page S3915 Amendment No. 1463), to ensure criminal back- Reed (for Heitkamp) Amendment No. 1781 (to ground checks of employees of the military child Amendment No. 1463), to improve the report on care system and providers of child care services and the strategy to protect United States national secu- youth program services for military dependents. rity interests in the Arctic region. Page S3915 Reed (for Cardin) Amendment No. 1796 (to Pages S3898, S3915 Amendment No. 1463), to express the sense of the Feinstein (for McCain) Amendment No. 1889 (to Senate on finding efficiencies within the working Amendment No. 1463), to reaffirm the prohibition capital fund activities of the Department of Defense. on torture. Pages S3910–11 Page S3915 Fischer/Booker Amendment No. 1825 (to Amend- Rejected: ment No. 1463), to authorize appropriations for na- By 46 yeas to 51 nays (Vote No. 205), Reed tional security aspects of the Merchant Marine for Amendment No. 1521 (to Amendment No. 1463), fiscal years 2016 and 2017. Pages S3911–12 to limit the availability of amounts authorized to be Burr/McCain Amendment No. 1921 (to Amend- appropriated for overseas contingency operations ment No. 1569), to improve cybersecurity in the pending relief from the spending limits under the United States through enhanced sharing of informa- Budget Control Act of 2011. tion about cybersecurity threats. Pages S3915–21 Pages S3898–S3905, S3905–10 A unanimous-consent agreement was reached pro- Pending: viding for further consideration of the bill at ap- McCain Amendment No. 1463, in the nature of proximately 10:30 a.m., on Wednesday, June 10, a substitute. Page S3898 2015. Page S3976 McCain Amendment No. 1456 (to Amendment Nominations Confirmed: Senate confirmed the fol- No. 1463), to require additional information supporting long-range plans for construction of naval lowing nominations: 3 Army nominations in the rank of general. vessels. Page S3898 Cornyn Amendment No. 1486 (to Amendment Page S3974 No. 1463), to require reporting on energy security Executive Reports of Committees: Page S3925 issues involving Europe and the Russian Federation, Additional Cosponsors: Pages S3925–28 and to express the sense of Congress regarding ways the United States could help vulnerable allies and Statements on Introduced Bills/Resolutions: partners with energy security. Page S3898 Pages S3928–33 Vitter Amendment No. 1473 (to Amendment No. Additional Statements: Pages S3924–25 1463), to limit the retirement of Army combat Amendments Submitted: Pages S3933–74 units. Page S3898 Markey Amendment No. 1645 (to Amendment Authorities for Committees to Meet: Page S3974 No. 1463), to express the sense of Congress that ex- Privileges of the Floor: Page S3974 ports of crude oil to United States allies and partners should not be determined to be consistent with the Record Votes: One record vote was taken today. national interest if those exports would increase en- (Total—205) Page S3910 ergy prices in the United States for American con- Adjournment: Senate convened at 10 a.m. and ad- sumers or businesses or increase the reliance of the journed at 6:34 p.m., until 9:30 a.m. on Wednes- United States on imported oil. Page S3898 day, June 10, 2015. (For Senate’s program, see the Reed (for Blumenthal) Amendment No. 1564 (to remarks of the Acting Majority Leader in today’s Amendment No. 1463), to increase civil penalties Record on page S3976.) for violations of the Servicemembers Civil Relief Act. Page S3898

VerDate Sep 11 2014 04:27 Feb 19, 2016 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD15\JUN 15\D09JN5.REC D09JN5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D666 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2015 nologies, S. 1229, to require the Secretary of Energy Committee Meetings to submit a plan to implement recommendations to (Committees not listed did not meet) improve interactions between the Department of En- ergy and National Laboratories, S. 1230, to direct BUSINESS MEETING the Secretary of the Interior to establish a program Committee on Appropriations: Subcommittee on Depart- under which the Director of the Bureau of Land ment of Defense approved for full committee consid- Management shall enter into memoranda of under- eration an original bill entitled, ‘‘Fiscal Year 2016 standing with States providing for State oversight of Department of Defense Appropriations’’. oil and gas productions activities, S. 1241, to pro- ENERGY ACCOUNTABILITY AND REFORM vide for the modernization, security, and resiliency of LEGISLATION the electric grid, to require the Secretary of Energy to carry out programs for research, development, Committee on Energy and Natural Resources: Committee demonstration, and information-sharing for cyberse- concluded a hearing to examine S. 15, to amend the curity for the energy sector, S. 1256, to require the Mineral Leasing Act to recognize the authority of Secretary of Energy to establish an energy storage re- States to regulate oil and gas operations and promote search program, loan program, and technical assist- American energy security, development, and job cre- ance and grant program, S. 1258, to require the Sec- ation, S. 454, to amend the Department of Energy retary of Energy to establish a distributed energy High-End Computing Revitalization Act of 2004 to loan program and technical assistance and grant pro- improve the high-end computing research and devel- gram, S. 1259, to establish a grant program to allow opment program of the Department of Energy, S. National Laboratories to provide vouchers to small 784, to direct the Secretary of Energy to establish business concerns to improve commercialization of microlabs to improve regional engagement with na- technologies developed at National Laboratories and tional laboratories, S. 1033, to amend the Depart- the technology-driven economic impact of commer- ment of Energy Organization Act to replace the current requirement for a biennial energy policy plan cialization in the regions in which National Labora- with a Quadrennial Energy Review, S. 1054, to im- tories are located, S. 1263, to provide for the estab- prove the productivity and energy efficiency of the lishment of a Clean Energy Technology Manufac- manufacturing sector by directing the Secretary of turing and Export Assistance Fund to assist United Energy, in coordination with the National Acad- States businesses with exporting clean energy tech- emies and other appropriate Federal agencies, to de- nology products and services, S. 1274, to amend the velop a national smart manufacturing plan and to National Energy Conservation Policy Act to reau- provide assistance to small- and medium-sized man- thorize Federal agencies to enter into long-term con- ufacturers in implementing smart manufacturing tracts for the acquisition of energy, S. 1275, to es- programs, S. 1068, to amend the Federal Power Act tablish a Financing Energy Efficient Manufacturing to protect the bulk-power system from cyber security Program in the Department of Energy to provide fi- threats, S. 1181, to expand the Advanced Tech- nancial assistance to promote energy efficiency and nology Vehicle Manufacturing Program to include onsite renewable technologies in manufacturing and commercial trucks and United States flagged vessels, industrial facilities, S. 1277, to improve energy sav- to return unspent funds and loan proceeds to the ings by the Department of Defense, S. 1293, to es- United States Treasury to reduce the national debt, tablish the Department of Energy as the lead agency S. 1187, to improve management of the National for coordinating all requirements under Federal law Laboratories, enhance technology commercialization, with respect to eligible clean coal and advanced coal facilitate public-private partnerships, S. 1216, to technology generating projects, S. 1306, to amend amend the Natural Gas Act to modify a provision the Energy Policy Act of 2005 to use existing fund- relating to civil penalties, S. 1218, to establish an ing available to further projects that would improve interagency coordination committee or subcommittee energy efficiency and reduce emissions, S. 1310, to with the leadership of the Department of Energy and prohibit the Secretary of the Interior from issuing the Department of the Interior, focused on the nexus new oil or natural gas production leases in the Gulf between energy and water production, use, and effi- of Mexico under the Outer Continental Shelf Lands ciency, S. 1221, to amend the Federal Power Act to Act to a person that does not renegotiate its existing require periodic reports on electricity reliability and leases in order to require royalty payments if oil and reliability impact statements for rules affecting the natural gas prices are greater than or equal to speci- reliable operation of the bulk-power system, S. 1223, fied price thresholds, S. 1311, to amend the Federal to amend the Energy Policy Act of 2005 to improve Oil and Gas Royalty Management Act of 1982 and the loan guarantee program for innovative tech- the Outer Continental Shelf Lands Act to modify

VerDate Sep 11 2014 07:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN5.REC D09JNPT1 emcdonald on DSK67QTVN1PROD with DIGEST June 9, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D667 certain penalties to deter oil spills, S. 1312, to mod- Century Energy, Washington, D.C.; Duane D. ernize Federal policies regarding the supply and dis- Highley, Arkansas Electric Cooperative, Little Rock, tribution of energy in the United States, S. 1338, to on behalf of the National Rural Electric Cooperative amend the Federal Power Act to provide licensing Association; and Mark P. Mills, Manhattan Institute, procedures for certain types of projects, S. 1340, to Chevy Chase, Maryland. amend the Mineral Leasing Act to improve coal leas- BUSINESS MEETING ing, S. 1346, to require the Secretary of Energy to establish an e-prize competition pilot program to Committee on Foreign Relations: Committee ordered fa- provide up to 4 financial awards to eligible entities vorably reported the following business items: that develop and verifiably demonstrate technology S.756, to require a report on accountability for that reduces the cost of electricity or space heat in war crimes and crimes against humanity in Syria; a high-cost region, S. 1363, to require the Secretary An original bill entitled, ‘‘Department of State of Energy to submit to Congress a report assessing Operations Authorization and Embassy Security Act, the capability of the Department of Energy to au- Fiscal Year 2016’’; and thorize, host, and oversee privately funded fusion and The nominations of Azita Raji, of California, to be fission reactor prototypes and related demonstration Ambassador to the Kingdom of Sweden, Nancy facilities at sites owned by the Department of En- Bikoff Pettit, of Virginia, to be Ambassador to the ergy, S. 1398, to extend, improve, and consolidate Republic of Latvia, Gregory T. Delawie, of Virginia, energy research and development programs, S. 1405, to be Ambassador to the Republic of Kosovo, Ian C. to require a coordinated response to coal fuel supply Kelly, of Illinois, to be Ambassador to Georgia, emergencies that could impact electric power system Julieta Valls Noyes, of Virginia, to be Ambassador adequacy or reliability, S. 1407, to promote the de- to the Republic of Croatia, and routine lists in the velopment of renewable energy on public land, S. Foreign Service, all of the Department of State, and 1408, to provide for a program of research, develop- Sunil Sabharwal, of California, to be United States ment, demonstration, and commercial application in Alternate Executive Director of the International vehicle technologies at the Department of Energy, S. Monetary Fund for a term of two years. 1420, to amend the Department of Energy Organi- OVERSIGHT OF THE TRANSPORTATION zation Act to provide for the collection of informa- SECURITY ADMINISTRATION tion on critical energy supplies, to establish a Work- Committee on Homeland Security and Governmental Af- ing Group on Energy Markets, S. 1422, to require fairs: the Secretary of Energy to establish a comprehensive Committee concluded an oversight hearing to program to improve education and training for examine the Transportation Security Administration, energy- and manufacturing-related jobs to increase focusing on first-hand and government watchdog ac- the number of skilled workers trained to work in en- counts of agency challenges, after receiving testi- ergy and manufacturing-related fields, S. 1428, to mony from Becky Roering, Assistant Federal Secu- amend the USEC Privatization Act to require the rity Director—Inspections, and Robert J. MacLean, Secretary of Energy to issue a long-term Federal ex- Federal Air Marshall, Office of Law Enforcement, cess uranium inventory management plan, S. 1432, Federal Air Marshall Service, both of the Transpor- to require the Secretary of Energy to conduct a study tation Security Administration, and John Roth, In- on the technology, potential lifecycle energy savings, spector General, all of the Department of Homeland and economic impact of recycled carbon fiber, S. Security; and Jennifer Grover, Director, Homeland 1434, to amend the Public Utility Regulatory Poli- Security and Justice, Government Accountability Of- cies Act of 1978 to establish an energy storage port- fice. folio standard, S. 1449, to amend the Energy Inde- BUSINESS MEETING pendence and Security Act of 2007 to add certain Committee on Veterans’ Affairs: Committee ordered fa- medium-duty and heavy-duty vehicles to the ad- vorably reported the nominations of David J. vanced technology vehicles manufacturing incentive Shulkin, of Pennsylvania, to be Under Secretary for program, and H.R. 35, to increase the understanding Health, and LaVerne Horton Council, of New Jersey, of the health effects of low doses of ionizing radi- to be an Assistant Secretary (Information and Tech- ation, after receiving testimony from Lynn Orr, nology), both of the Department of Veterans Affairs. Under Secretary of Energy for Science and Energy; Colleen McAleer, Port of Port Angeles, Port Ange- INTELLIGENCE les, Washington; Norman R. Augustine, Bipartisan Select Committee on Intelligence: Committee met in Policy Center, Bethesda, Maryland, on behalf of the closed session to receive a briefing on certain intel- American Energy Innovation Council; Karen ligence matters from officials of the intelligence Harbert, Chamber of Commerce Institute for 21st community.

VerDate Sep 11 2014 07:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN5.REC D09JNPT1 emcdonald on DSK67QTVN1PROD with DIGEST D668 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2015 House of Representatives thorities of the Secretary of Agriculture under such Chamber Action Act; Pages H3926–29 Public Bills and Resolutions Introduced: 21 pub- Mandatory Price Reporting Act of 2015: H.R. lic bills, H.R. 2688–2708 were introduced. 2051, amended, to amend the Agricultural Mar- Page H4001 keting Act of 1946 to extend the livestock manda- Additional Cosponsors: Pages H4002–04 tory price reporting requirements; Pages H3929–31 Reports Filed: Reports were filed today as follows: National Forest Foundation Reauthorization H.R. 906, to modify the efficiency standards for Act of 2015: H.R. 2394, amended, to reauthorize grid-enabled water heaters, with an amendment (H. the National Forest Foundation Act; Pages H3931–32 Rept. 114–142); Permanent Internet Tax Freedom Act: H.R. H.R. 1734, to amend subtitle D of the Solid 235, to permanently extend the Internet Tax Free- Waste Disposal Act to encourage recovery and bene- dom Act; and Pages H3952–56 ficial use of coal combustion residuals and establish requirements for the proper management and dis- Foreign Cultural Exchange Jurisdictional Im- posal of coal combustion residuals that are protective munity Clarification Act: H.R. 889, to amend of human health and the environment (H. Rept. chapter 97 of title 28, United States Code, to clarify 114–143); the exception to foreign sovereign immunity set forth in section 1605(a)(3) of such title. H.R. 2596, to authorize appropriations for fiscal year 2016 for intelligence and intelligence-related Pages H3956–59 activities of the United States Government, the Recess: The House recessed at 5:54 p.m. and recon- Community Management Account, and the Central vened at 6:30 p.m. Page H3963 Intelligence Agency Retirement and Disability Sys- Commodity End-User Relief Act: The House tem, and for other purposes, with an amendment (H. passed H.R. 2289, to reauthorize the Commodity Rept. 114–144, Part 1); and Futures Trading Commission, to better protect fu- H. Res. 303, providing for consideration of the tures customers, to provide end-users with market bill (H.R. 2685) making appropriations for the De- certainty, to make basic reforms to ensure trans- partment of Defense for the fiscal year ending Sep- parency and accountability at the Commission, to tember 30, 2016, and for other purposes, and pro- help farmers, ranchers, and end-users manage risks, viding for consideration of the bill (H.R. 2393) to and to help keep consumer costs low, by a yea-and- amend the Agricultural Marketing Act of 1946 to nay vote of 246 yeas to 171 nays, Roll No. 309. repeal country of origin labeling requirements with Pages H3932–52, 3963–64 respect to beef, pork, and chicken, and for other pur- Pursuant to the Rule, an amendment in the na- poses (H. Rept. 114–145). Page H4000 ture of a substitute consisting of the text of Rules Speaker: Read a letter from the Speaker wherein he Committee Print 114–18 shall be considered as an appointed Representative Farenthold to act as Speak- original bill for the purpose of amendment under the er pro tempore for today. Page H3923 five-minute rule, in lieu of the amendment in the nature of a substitute recommended by the Com- Recess: The House recessed at 12:20 p.m. and re- mittee on Agriculture now printed in the bill. convened at 2 p.m. Page H3925 Pages H3940–48 Journal: The House agreed to the Speakers approval Agreed by unanimous consent that amendments of the Journal by a voice vote. Page H3925 No. 2 and 3 printed in H. Rept. 114–136 may be Recess: The House recessed at 2:09 p.m. and recon- considered out of sequence. Page H3950 vened at 3:02 p.m. Page H3926 Agreed to: Conaway amendment (No. 1 printed in H. Rept. Suspensions: The House agreed to suspend the rules 114–136) that makes conforming and technical and pass the following measures: changes; Page H3948 United States Grain Standards Act Reauthor- Moore amendment (No. 4 printed in H. Rept. ization Act of 2015: H.R. 2088, amended, to amend 114–136) that narrows the scope of the provisions in the United States Grain Standards Act to improve the bill to ensure that only swap data, and not any inspection services performed at export elevators at other data, held by an SDR is required to be shared export port locations, and to reauthorize certain au- with other regulators; ensures that the language in

VerDate Sep 11 2014 07:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN5.REC D09JNPT1 emcdonald on DSK67QTVN1PROD with DIGEST June 9, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D669 the Securities Exchange Act and the Commodity Ex- House forthwith with an amendment, by a recorded change Act mirror each other; Pages H3949–50 vote of 181 ayes to 244 noes, Roll No. 328. Walorski amendment (No. 5 printed in H. Rept. Pages H3996–98 114–136) that adds ‘‘Status of consultations with all Agreed to: U.S. market participants including major producers Gosar amendment that was debated on June 4th and consumers’’; Page H3950 that prohibits the use of funds to carry out the rule Plaskett amendment (No. 2 printed in H. Rept. entitled ‘‘Affirmatively Furthering Fair Housing’’, 114–136) that expresses a sense of Congress that the published by the Department of Housing and Urban Commodity Futures Trading Commission should Development in the Federal Register on July 19, take all appropriate actions to encourage applications 2013 (by a recorded vote of 229 ayes to 193 noes, for positions in the Office of the Chief Economist Roll No. 311); Page H3966 from members of minority groups, women, disabled Jackson Lee amendment (No. 16 printed in the persons, and veterans; and Page H3951 Congressional Record of June 3, 2015) that prohibits Takai amendment (No. 3 printed in H. Rept. the use of funds in contravention of section 5309 of 114–136) that requires a report to the Committee title 49, United States Code; Page H3973 on Agriculture of the House of Representatives and Engel amendment (No. 4 printed in the Congres- the Committee on Agriculture, Nutrition, and For- sional Record of June 2, 2015) that prohibits the use estry of the Senate a summary of any plans of action of funds to lease or purchase new light duty vehicles and milestones for any known information security for any executive fleet, or for an agency’s fleet inventory, except in accordance with the Presidential vulnerability. Pages H3951–52 Memorandum dated May 24, 2011; Pages H3976–77 Agreed that the Clerk be authorized to make Newhouse amendment that prohibits the use of technical and conforming changes to reflect the ac- funds to issue, implement, or enforce regulations by tions of the House. Page H3999 the FAA for operations and certification of small un- H. Res. 288, the rule providing for consideration manned aircraft systems in contravention to 14 CFR of the bill (H.R. 2289) was agreed to on June 3rd. 21.25(b)(1); Page H3979 Oath of Office—First Congressional District of Bass amendment that prohibits the use of funds Mississippi: Representative-elect Trent Kelly pre- by the FTA to implement, administer, or enforce sented himself in the well of the House and was ad- section 18.36(c)(2) of title 49, for construction hir- ministered the Oath of Office by the Speaker. Ear- ing purposes; Page H3982 lier, the Clerk of the House transmitted a scanned Zeldin amendment that prohibits the use of funds copy of a letter received from the Honorable C. Del- by the Administrator of the FAA to institute an ad- bert Hosemann, Jr., Mississippi Secretary of State, ministrative or civil action or disposition of penalties indicating that, according to the preliminary results against the sponsor of East Hampton Airport in East of the Special Election held June 2, 2015, the Hon- Hampton, NY; Pages H3982–83 orable Trent Kelly was elected Representative to Denham amendment that prohibits the use of Congress for the First Congressional District, State of funds for high-speed rail in the State of California Mississippi. Pages H3964–65 or for the California High-Speed Rail Authority, nor Whole Number of the House: The Speaker an- may any be used by the Federal Railroad Adminis- nounced to the House that, in light of the administration to administer a grant agreement with the tration of the oath to the gentleman from Mis- California High-Speed Rail Authority that contains sissippi, the whole number of the House is 434. a tapered matching requirement; Pages H3984–85 Mullin amendment that prohibits the use of funds Page H3965 to enforce subpart B of part 750 of title 23, Code Transportation, Housing and Urban Develop- of Federal Regulations, regarding signs for service ment, and Related Agencies Appropriations Act, clubs and religious notices as defined in section 2016: The House passed H.R. 2577, making appro- 153(p) of such part; Page H3986 priations for the Departments of Transportation, and Yoho amendment that prohibits the use of funds Housing and Urban Development, and related agen- to use in contravention of subpart E of part 5 of reg- cies for the fiscal year ending September 30, 2016, ulations of the Secretary of Housing and Urban De- by a yea-and-nay vote of 216 yeas to 210 nays, Roll velopment (24 C.F.R. Part 5, Subpart E; relating to No. 329. Consideration began June 3rd. restrictions on assistance to noncitizens) (by a re- Pages H3965–98 corded vote of 244 ayes to 181 noes, Roll No. 319); Rejected the Delaney motion to recommit to re- Pages H3972–73, H3990–91 commit the bill to the Committee on Appropriations Brooks (AL) amendment that prohibits the use of with instructions to report the same back to the funds to provide financial assistance in contravention

VerDate Sep 11 2014 07:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN5.REC D09JNPT1 emcdonald on DSK67QTVN1PROD with DIGEST D670 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2015 of section 214(d) of the Housing and Community Schiff amendment that was debated on June 4th Development Act of 1980 (by a recorded vote of 246 that sought to prohibit the use of funds to enforce ayes to 180 noes, Roll No. 320); section 47524 of title 49, with regard to noise or ac- Pages H3975–76, H3991 cess restriction of the Bob Hope Airport in Burbank, Hultgren amendment that prohibits the use of CA (by a recorded vote of 157 ayes to 266 noes, funds by the FAA for the bio-data assessment in the Roll No. 316); Pages H3969–70 hiring of Air Traffic Control Specialists (by a re- Posey amendment that was debated on June 4th corded vote of 240 ayes to 186 noes, Roll No. 321); that sought to prohibit the use of funds by the De- Pages H3977–78, H3991–92 partment of Transportation to authorize exempt fa- Garrett amendment that prohibits the use of cility bonds to finance passenger rail projects that funds to implement, administer, or enforce the final cannot attain the speed of 150 mph (by a recorded rule entitled ‘‘Implementation of the Fair Housing vote of 148 ayes to 275 noes, Roll No. 317); Act’s Discriminatory Effects Standard’’, published by Page H3970 the Department of Housing and Urban Development Posey amendment that was debated on June 4th (by a recorded vote of 231 ayes to 195 noes, Roll that sought to prohibit the use of funds by the De- No. 323); Pages H3979–80, H3993 Peters amendment that prohibits the use of funds partment of Transportation to make a loan in an in contravention of Executive Order 11246 (relating amount that exceeds $600,000,000 under the Rail- to Equal Employment Opportunity) (by a recorded road Revitalization and Regulatory Reform Act (by vote of 241 ayes to 184 noes with one answering a recorded vote of 134 ayes to 287 noes, Roll No. ‘‘present’’, Roll No. 326); and Pages H3985–86, H3995 318); Pages H3970–71 Issa amendment that prohibits the use of funds to Grothman amendment that sought to prohibit the acquire a camera for the purpose of collecting or use of funds for any family who is not an elderly storing vehicle license plate numbers (by a recorded family or a disabled family of the United States vote of 297 ayes to 129 noes, Roll No. 327). Housing Act and who was not receiving project- Pages H3988–90, H3995–96 based rental assistance under section 8 of such Act Rejected: as of Oct. 1, 2015, and the amount otherwise pro- Blackburn amendment (No. 7 printed in the Con- vided under such heading is reduced by gressional Record of June 3, 2015) that was debated $300,000,000; Pages H3986–87 on June 4th that sought to reduce each amount Grothman amendment that sought to prohibit the made available by this Act by 1 percent (by a re- use of funds for any family who is not an elderly corded vote of 163 ayes to 259 noes, Roll No. 310); family or a disabled family and who was not receiv- Pages H3965–66 ing tenant-based rental assistance under section 8 of Gosar amendment that was debated on June 4th such Act; Pages H3987–88 that sought to prohibit the use of funds to imple- Meehan amendment that sought to prohibit the ment, administer, or enforce the rule entitled ‘‘Haz- use of funds for Amtrak capital grants may be used ardous Materials: Enhanced Tank Car Standards and for projects off the Northeast Corridor until the level Operational Controls for High-Hazard Flammable of capital spending by Amtrak for capital projects on Trains’’ (by a recorded vote of 136 ayes to 286 noes, the Northeast Corridor during fiscal year 2016 Roll No. 312); Pages H3966–67 equals the amount of Amtrak’s profits from North- Posey amendment that was debated on June 4th east Corridor operations during FY 2015 (by a re- that sought to prohibit the use of funds by the De- corded vote of 199 ayes to 227 noes, Roll No. 322); partment of Transportation to take any actions with respect to the financing of passenger rail projects Pages H3978, H3992–93 along Florida’s East Coast (by a recorded vote of 163 Ellison amendment that sought to prohibit the ayes to 260 noes, Roll No. 313); Pages H3967–68 use of funds for contracts to entities that have vio- Sessions amendment that was debated on June 4th lated the Fair Labor Standards Act (by a recorded that sought to prohibit the use of funds to support vote of 182 ayes to 243 noes, Roll No. 324); and Amtrak’s route with the highest loss, measured by Pages H3980–81, H3993–94 contributions/(Loss) per Rider (by a recorded vote of Emmer (MN) (No. 28 printed in the Congres- 205 ayes to 218 noes, Roll No. 314); Page H3968 sional Record of June 4, 2015) amendment that Sessions amendment that was debated on June 4th sought to prohibit the use of funds to carry out any that sought to prohibit the use of funds to support enrichment for any New Start grant request (by a re- any Amtrak route whose costs exceed 2 times its corded vote of 212 ayes to 214 noes, Roll No. 325). revenues (by a recorded vote of 186 ayes to 237 Pages H3981–82, H3994 noes, Roll No. 315); Pages H3968–69

VerDate Sep 11 2014 07:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN5.REC D09JNPT1 emcdonald on DSK67QTVN1PROD with DIGEST June 9, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D671 Withdrawn: Maxine Waters (CA) amendment that was offered Committee Meetings and subsequently withdrawn that would have pro- COUNTRY OF ORIGIN LABELING hibited the use of funds to establish any asset management position of the Office of Multifamily Hous- AMENDMENTS ACT OF 2015; DEPARTMENT ing of the Department of Housing and Urban Devel- OF DEFENSE APPROPRIATIONS ACT, 2016 opment, or newly hire an employee for any asset Committee on Rules: Full Committee held a hearing on management position, that is located at a Core office H.R. 2393, the ‘‘Country of Origin Labeling before filling each such asset management position Amendments Act of 2015’’; and H.R. 2685, the that is located at a Non-Core office; Page H3972 ‘‘Department of Defense Appropriations Act, 2016’’. Newhouse amendment that was offered and subse- The committee granted, by record vote of 8–4, a quently withdrawn that would have prohibited the modified-open rule for H.R. 2685. The rule provides use of funds to issue, implement, or enforce the pro- one hour of general debate equally divided and con- posed regulation by the FAA entitled ‘‘Operation trolled by the chair and ranking minority member and Certification of Small Unmanned Aircraft Sys- of the Committee on Appropriations. The rule tems’’ without consideration of the use of small un- waives all points of order against consideration of the manned aircraft systems for agricultural operations; bill. The rule waives points of order against provi- and Pages H3978–79 sions in the bill for failure to comply with clause 2 Lewis (GA) amendment that was offered and sub- of rule XXI. The rule provides that after general de- sequently withdrawn that would have added a new bate the bill shall be considered for amendment section at the end of the bill pertaining to reverse under the five-minute rule except that: (1) amend- mortgage survivor benefits. Pages H3983–84 ments shall be debatable for 10 minutes equally di- Agreed that the Clerk be authorized to make vided and controlled by the proponent and an oppo- technical and conforming changes to reflect the ac- nent and shall not be subject to amendment; and (2) tions of the House. Pages H3998–99 no pro forma amendments shall be in order except H. Res. 287, the rule providing for consideration that the chair and ranking minority member of the of the bills (H.R. 2577) and (H.R. 2578) was agreed Committee on Appropriations or their respective to on June 2nd. designees may offer up to 10 pro forma amendments each at any point for the purpose of debate. The rule Suspension—Proceedings Postponed: The House authorizes the Chair to accord priority in recognition debated the following measure under suspension of to Members who have pre-printed their amendments the rules. Further proceedings were postponed. in the Congressional Record. The rule provides one Supporting local law enforcement agencies in motion to recommit with or without instructions. their continued work to serve our communities, The rule also grants a closed rule for H.R. 2393. and supporting their use of body worn cameras to The rule provides one hour of debate equally divided promote transparency to protect both citizens and and controlled by the chair and ranking minority officers alike: H. Res. 295, supporting local law en- member of the Committee on Agriculture. The rule forcement agencies in their continued work to serve waives all points of order against consideration of the our communities, and supporting their use of body bill. The rule provides that the amendment in the worn cameras to promote transparency to protect nature of a substitute recommended by the Com- both citizens and officers alike. Pages H3959–63 mittee on Agriculture now printed in the bill shall Quorum Calls—Votes: Two yea-and-nay votes and be considered as adopted and the bill, as amended, nineteen recorded votes developed during the pro- shall be considered as read. The rule waives all ceedings of today and appear on pages H3963-64, points of order against provisions in the bill, as H3965-66, H3966, H3966-67, H3967-68, H3968, amended. The rule provides one motion to recommit H3969, H3969-70, H3970, H3971, H3990-91, with or without instructions. Testimony was heard H3991, H3991-92, H3992-93, H3993, H3993-94, from Chairman Conaway, and Representatives H3994, H3995. There were no quorum calls. Frelinghuysen, Visclosky, Massie, and DeLauro. Adjournment: The House met at 12 noon and adjourned at 11:41 p.m. Joint Meetings No joint committee meetings were held.

VerDate Sep 11 2014 07:48 Jun 10, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN5.REC D09JNPT1 emcdonald on DSK67QTVN1PROD with DIGEST D672 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2015 COMMITTEE MEETINGS FOR WEDNESDAY, isiana, to be Chief Financial Officer, both of the Depart- JUNE 10, 2015 ment of the Treasury, and Rafael J. Lopez, of California, to be Commissioner on Children, Youth, and Families, (Committee meetings are open unless otherwise indicated) Department of Health and Human Services, Time to be Senate announced, Room to be announced. Committee on Appropriations: Subcommittee on Com- Committee on Foreign Relations: to receive a closed brief- merce, Justice, Science, and Related Agencies, business ing on verification and assessment, focusing on how to meeting to markup an original bill entitled, ‘‘Commerce, create a successful inspection regime, 5 p.m., S–116, Cap- Justice, Science, and Related Agencies Appropriations itol. Act, 2016’’, 10:30 a.m., SD–192. Committee on Health, Education, Labor, and Pensions: to Committee on Commerce, Science, and Transportation: to hold hearings to examine health information exchange, hold hearings to examine passenger rail safety, focusing focusing on a path towards improving the quality and on accident prevention and on-going efforts to implement value of health care for patients, 10 a.m., SD–430. train control technology, 10 a.m., SR–253. Committee on Homeland Security and Governmental Affairs: Committee on Energy and Natural Resources: Subcommittee to hold hearings to examine the nominations of Peter V. on National Parks, to hold hearings to examine S. 145, Neffenger, of Ohio, to be an Assistant Secretary of Home- to require the Director of the National Park Service to land Security, and David S. Shapira, of Pennsylvania, to refund to States all State funds that were used to reopen be a Governor of the United States Postal Service for a and temporarily operate a unit of the National Park Sys- term expiring December 8, 2019, 9 a.m., SD–342. tem during the October 2013 shutdown, S. 146, to au- Subcommittee on Federal Spending Oversight and thorize the Secretary of the Interior or the Secretary of Emergency Management, to hold hearings to examine Agriculture to enter into agreements with States and po- wasteful spending in the Federal government, focusing on litical subdivisions of States providing for the continued an outside perspective, 2:30 p.m., SD–342. operation, in whole or in part, of public land, units of Committee on Indian Affairs: business meeting to con- the National Park System, units of the National Wildlife sider S. 248, to clarify the rights of Indians and Indian Refuge System, and units of the National Forest System tribes on Indian lands under the National Labor Relations in the State during any period in which the Secretary of the Interior or the Secretary of Agriculture is unable to Act; to be immediately followed by an oversight hearing maintain normal level of operations at the units due to to examine addressing the need for victim services in In- a lapse in appropriations, S. 319, to designate a mountain dian County, 2:15 p.m., SD–628. in the State of Alaska as Mount Denali, S. 329, to amend Committee on the Judiciary: to hold hearings to examine the Wild and Scenic Rivers Act to designate certain seg- the Federal regulatory system to improve accountability, ments of the Farmington River and Salmon Brook in the transparency and integrity, 10 a.m., SD–226. State of Connecticut as components of the National Wild Full Committee, to hold hearings to examine the and Scenic Rivers System, S. 403, to revise the authorized nominations of Luis Felipe Restrepo, of Pennsylvania, to route of the North Country National Scenic Trail in be United States Circuit Judge for the Third Circuit, northeastern Minnesota and to extend the trail into Travis Randall McDonough, to be United States District Vermont to connect with the Appalachian National Sce- Judge for the Eastern District of Tennessee, and Waverly nic Trail, S. 521, to authorize the Secretary of the Inte- D. Crenshaw, Jr., to be United States District Judge for rior to conduct a special resource study of President Sta- the Middle District of Tennessee, 1:30 p.m., SD–226. tion in Baltimore, Maryland, S. 610, to authorize the Sec- Special Committee on Aging: to hold hearings to examine retary of the Interior to conduct a special resource study the proliferation of unwanted calls, 2:30 p.m., SD–562. of P.S. 103 in West Baltimore, Maryland and for other purposes, S. 782, to direct the Secretary of the Interior House to establish a bison management plan for Grand Canyon Committee on Agriculture, Full Committee, hearing enti- National Park, S. 873, to designate the wilderness within the Lake Clark National Park and Preserve in the State tled ‘‘Past, Present, and Future of SNAP: The Means to of Alaska as the Jay S. Hammond Wilderness Area, and Climbing the Economic Ladder’’, 10 a.m., 1300 Long- S. 1483, to direct the Secretary of the Interior to study worth. the suitability and feasibility of designating the James K. Committee on Appropriations, Subcommittee on Interior, Polk Home in Columbia, Tennessee, as a unit of the Na- Environment, and Related Agencies, markup on Interior, tional Park System, 2:30 p.m., SD–366. Environment, and Related Agencies Appropriations Bill, Committee on Environment and Public Works: business FY 2016, 10:15 a.m., B–308 Rayburn. meeting to consider S. 1140, to require the Secretary of Committee on Education and the Workforce, Subcommittee the Army and the Administrator of the Environmental on Workforce Protections, hearing entitled ‘‘Reviewing Protection Agency to propose a regulation revising the the Rules and Regulations Implementing Federal Wage definition of the term ‘‘waters of the United States’’, 9:30 and Hour Standards’’, 10:30 a.m., 2175 Rayburn. a.m., SD–406. Committee on Energy and Commerce, Subcommittee on Committee on Finance: business meeting to consider the Communications and Technology, markup on H.R. 805, nominations of Anne Elizabeth Wall, of Illinois, to be a the ‘‘Domain Openness Through Continued Oversight Deputy Under Secretary, and Brodi L. Fontenot, of Lou- Matters Act of 2015’’, 10 a.m., 2123 Rayburn.

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Committee on Foreign Affairs, Subcommittee on the Mid- Subcommittee on Information Technology; and Sub- dle East and North Africa, hearing entitled ‘‘Iran’s En- committee on Government Operations, joint hearing enti- during Ballistic Missile Threat’’, 10 a.m., 2172 Rayburn. tled ‘‘The Federal Information Technology Reform Act’s Committee on Homeland Security, Subcommittee on Emer- Role in Reducing IT Acquisition Risk’’, 2 p.m., 2154 gency Preparedness, Response, and Communications, Rayburn. hearing entitled ‘‘Defense Support of Civil Authorities: A Committee on Rules, June 10, Full Committee, hearing Vital Resource in the Nation’s Homeland Security Mis- on H.R. 2596, the ‘‘Intelligence Authorization Act for sions’’, 10 a.m., 311 Cannon. Fiscal Year 2016’’, 3 p.m., H–313 Capitol. Committee on Natural Resources, Subcommittee on Indian, Committee on Small Business, Full Committee, markup on Insular and Alaska Native Affairs, hearing on H.R. 487, H.R. 2499, ‘‘Veterans Entrepreneurship Act of 2015’’; to allow the Miami Tribe of Oklahoma to lease or trans- H.R. 208, ‘‘Superstorm Sandy Relief Act of 2015’’; H.R. fer certain lands; H.R. 2212, to take certain Federal lands 1023, ‘‘Small Business Investment Company Capital Act located in Lassen County, California, into trust for the of 2015’’; and H.R. 2670, ‘‘Microloan Modernization Act benefit of the Susanville Indian Rancheria, and for other of 2015’’, 11 a.m., 2360 Rayburn. purposes; and H.R. 2387, to amend the Alaska Native Committee on Transportation and Infrastructure, Sub- Claims Settlement Act to provide for equitable allotment committee on Water Resources and Environment, hearing of land to Alaska Native veterans, 11 a.m., 1324 Long- entitled ‘‘One Year Anniversary after Enactment: Imple- worth. mentation of the Water Resources Reform and Develop- Full Committee, markup on H.R. 387, the ‘‘Economic ment Act of 2014’’, 10 a.m., 2167 Rayburn. Development Through Tribal Land Exchange Act’’; H.R. Committee on Veterans’ Affairs, Subcommittee on Over- 521, to provide for the conveyance of certain property to sight and Investigations, hearing entitled ‘‘Prescription the Yukon Kuskokwim Health Corporation located in Mismanagement and the Risk of Veteran Suicide’’, 10:30 Bethel, Alaska; H.R. 1289, the ‘‘John Muir National a.m., 334 Cannon. Historic Site Expansion Act’’; H.R. 1992, the ‘‘American Soda Ash Competitiveness Act’’; H.R. 2295, the ‘‘Na- Committee on Ways and Means, Full Committee, hearing tional Energy Security Corridors Act’’; H.R. 2358, the on Obamacare implementation and the Department of ‘‘Electricity Reliability and Forest Protection Act’’; and Health and Human Services FY16 Budget request, 10 H.R. 2647, the ‘‘Resilient Federal Forests Act of 2015’’, a.m., 1100 Longworth. 4 p.m., 1324 Longworth. Committee on Oversight and Government Reform, Sub- Joint Meetings committee on the Interior, hearing entitled ‘‘The Impact Commission on Security and Cooperation in Europe: to hold of Executive Order 13658 on Public Land Guides and hearings to examine the escalating threat of ISIL in Cen- Outfitters’’, 10 a.m., 2154 Rayburn. tral Asia, 2 p.m., 2175, Rayburn Building.

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

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. morning business (not to extend beyond one hour), Senate 2393—Country of Origin Labeling Amendments Act of will continue consideration of H.R. 1735, National De- 2015 (Subject to a Rule) and H.R. 2685—Department of fense Authorization Act. Defense Appropriations Act, 2016 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Green, Gene, Tex., E862 Olson, Pete, Tex., E863, E863, E863, E864 Kaptur, Marcy, Ohio, E855, E856, E857, E858 O’Rourke, Beto, Tex., E857 Adams, Alma S., N.C., E856, E858 Kennedy, Joseph P., III, Mass., E861 Payne, Donald M., N.J., E854 Blackburn, Marsha, Tenn., E855 Kildee, Daniel T., Mich., E853 Reichert, David G., Wash., E859 Brady, Robert A., Pa., E860 Kilmer, Derek, Wash., E863 Roe, David P., Tenn., E857 Brownley, Julia, Calif., E859, E861, E862 Kind, Ron, Wisc., E858 Schakowsky, Janice D., Ill., E863 Coffman, Mike, Colo., E856 MacArthur, Thomas, N.J., E853 Torres, Norma J., Calif., E860 Comstock, Barbara, Va., E859 Marchant, Kenny, Tex., E856 Wilson, Frederica S., Fla., E858 Crenshaw, Ander, Fla., E853 Meehan, Patrick, Pa., E855, E858 Wilson, Joe, S.C., E855 DeGette, Diana, Colo., E853 Miller, Jeff, Fla., E854 Young, David, Iowa, E859, E859, E860, E860, E861, E861, Diaz-Balart, Mario, Fla., E855, E856, E858 Norton, Eleanor Holmes, D.C., E856 E862, E862, E862, E863

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