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

Vol. 161 WASHINGTON, TUESDAY, OCTOBER 27, 2015 No. 158 House of Representatives The House met at 10 a.m. and was thus driving up America’s deficits and (before the GOP Conference meeting called to order by the Speaker pro tem- driving down America’s ability to pay next week in which we are to conduct pore (Mr. VALADAO). for safety nets for Americans. Speaker elections) a written commu- This week I vote on ’s bid f nication correcting my errors. for House Speaker. While PAUL RYAN ‘‘If I do not receive such a commu- DESIGNATION OF SPEAKER PRO has excellent communication skills, is nication from you, then I will infer TEMPORE charismatic, understands the economic that you concur that my portrayal of The SPEAKER pro tempore laid be- risk of out-of-control deficits, and the your remarks is accurate and that I, fore the House the following commu- like, PAUL RYAN and I have a major and the rest of the GOP Conference, nication from the Speaker: disagreement on border security. and the American people, may rely on Last week, on October 22, PAUL your words as I have written them. WASHINGTON, DC, ‘‘I need your assurance that you will October 27, 2015. RYAN, I, and others met about his can- I hereby appoint the Honorable DAVID G. didacy. Border security was discussed. not use the Speaker’s position to ad- VALADAO to act as Speaker pro tempore on Thereafter, I hand-delivered to PAUL vance your immigration policies, ex- this day. RYAN, on the House floor, at, roughly, cept when in accord with the two above JOHN A. BOEHNER, 4 p.m., a letter that states: statements, because there is a huge gap Speaker of the House of Representatives. ‘‘Paul: Struggling American between your immigration position and f have lost more than 8 million job op- the wishes of the American citizens I portunities to illegal aliens. All lower represent. Your words yesterday con- MORNING-HOUR DEBATE and middle income American workers stitute the needed assurance. The SPEAKER pro tempore. Pursu- have suffered from suppressed wages ‘‘If your assurances as I have por- ant to the order of the House of Janu- caused by the surge in both illegal trayed them are accurate, then I am ary 6, 2015, the Chair will now recog- alien and lawful immigrant labor sup- much more comfortable voting for you nize Members from lists submitted by ply. for Speaker on the House Floor (and the majority and minority leaders for ‘‘Your past record and current stance will do so, absent something startling morning-hour debate. on immigration conflicts with the val- coming to my attention between now The Chair will alternate recognition ues of the Americans I represent and and the election, which I don’t antici- between the parties, with each party causes great concern to me and the pate). limited to 1 hour and each Member Americans I represent. ‘‘If, however, you would use the other than the majority and minority ‘‘Yesterday during discussions about Speaker’s chair to advance an immi- leaders and the minority whip limited the Speaker race, you made two rep- gration belief system that is unaccept- to 5 minutes, but in no event shall de- resentations about immigration that able to the Americans I represent, it bate continue beyond 11:50 a.m. stood out. They are: will be very difficult for me to vote for ‘‘1. It is unwise or unproductive to you for Speaker on the House Floor. f bring up any immigration legislation ‘‘To be clear, I intend to publicly THE SPEAKER’S RACE so long as is President. share this letter and your responding ‘‘2. As Speaker, you will not allow letter, if any, to help explain to my The SPEAKER pro tempore. The any immigration bill to reach the constituents why I voted as I did on the Chair recognizes the gentleman from House Floor for a vote unless the im- House Floor in the Speaker’s election. Alabama (Mr. BROOKS) for 5 minutes. migration bill is ‘supported by a major- ‘‘Thank you for considering the con- Mr. BROOKS of Alabama. Mr. Speak- ity of the majority’ of Republican tents of this letter.’’ er, between 2000 and 2014, in the 16 to 65 House Members. At roughly 5:20 p.m., PAUL RYAN age bracket, although the American ‘‘Although you talk faster than I can called me and stated that my letter ac- economy created 5.6 million net new write your words down, I believe the curately portrayed his immigration jobs, American-born citizens lost above statements properly reflect what representations. PAUL RYAN confirmed 127,000 jobs. All job gains in America— you said. I send this letter to confirm that he meant what he said and would and more—went to people born in for- that I accurately portray your remarks keep his word. eign countries. and that I may rely on them when the Based on PAUL RYAN’s representa- In 2012, 51 percent of households House Floor Vote for Speaker occurs tions and my trust that PAUL RYAN is headed by immigrants relied on welfare next week. a man of his word, I will vote for PAUL compared to 30 percent of households ‘‘If my portrayal of your words errs RYAN for House Speaker on the House headed by someone born in America, in any respect, please deliver to me floor if he is the Republican nominee.

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.

H7191

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VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.000 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7192 CONGRESSIONAL RECORD — HOUSE October 27, 2015 Mr. Speaker, I submit this letter for A BIPARTISAN MAJORITY—A NEW not amend and refine the Ex-Im Bank. the RECORD. PRECEDENT FOR SOLVING PROB- The committee killed it by having the CONGRESS OF THE UNITED STATES, LEMS authorization expire without giving HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. The the whole House a chance to be part of Washington, DC, October 22, 2015. Chair recognizes the gentleman from that decision. Hand-delivered on House Floor to Paul Ryan Now the people who were caught on (Mr. BLUMENAUER) for 5 min- at approx. 4 p.m., 10/22/15 the wrong side of the majority of the Paul Ryan called Mo and confirmed accuracy utes. Mr. BLUMENAUER. Mr. Speaker, for House, with a losing argument and a of letter via phone at 5:20 p.m. (during minority position, were suddenly con- staff meeting) the first time in over a dozen years, an Re: Immigration Positions & Speaker Race. unusual legislative procedure—a dis- cerned that the House was being shut charge petition—has been successfully out. They had been shutting out the Hon. PAUL RYAN, House for the last 2 years. They had de- Chairman, Ways and Means Committee. mounted in the House. This is an ex- traordinary effort to allow the House nied efforts at reform. Only when their PAUL: Struggling American families have hand was forced did they somehow re- lost more than 8 million job opportunities to to work its will—a mechanism that illegal aliens. All lower and middle income was part of a package of reform, dating sort to the most specious of arguments. American workers have suffered from sup- back over a century, to deal with the This is like, as they say, the person pressed wages caused by the surge in both il- iron rule of Speaker Joe Cannon. The who kills his parents and then pleads for mercy from the court because he is legal alien and lawful immigrant labor sup- subject of the petition, the Ex-Im ply. an orphan. Bank, was almost as obscure as the Your past record and current stance on im- There is no reform because they procedure that brought it to the House. didn’t want reform. They were the ones migration conflicts with the values of the This is an agency that for over 70 Americans I represent and causes great con- who shut the House out. Now, because years has provided financing for trans- cern to me and the Americans I represent. of the courageous action by a bipar- actions similar to which all of our com- tisan group, led by our Republican col- Yesterday during discussions about the petitor nations provide their exporting Speaker race, you made two representations leagues—eloquently and bravely—the companies. In this case, American about immigration that stood out. They are: House will no longer be shut out. companies will have the credit tools 1. It is unwise or unproductive to bring up American business will be stronger; any immigration legislation so long as that will enable them to cost-effec- and the House has demonstrated that Barack Obama is President. tively engage in international trans- there sometimes will be opportunities 2. As Speaker, you will not allow any im- actions that other private institutions for a bipartisan majority to have its in- migration bill to reach the House Floor for a won’t finance because of political or terests represented. vote unless the immigration bill is ‘‘sup- commercial risks. We can only hope that this sets a ported by a majority of the majority‘‘ of Re- Even if providing this service meant precedent for how we solve other prob- publican House Members. a modest exposure to the taxpayer, lems, from raising the debt ceiling, to Although you talk faster than I can write which might occasionally cost money, dealing with budgets, to rebuilding and your words down, I believe the above state- it was probably worth it to have the renewing America. Involve the entire ments properly reflect what you said. I send businesses support good-paying Amer- House—solutions are possible—and this letter to confirm that I accurately por- ican jobs and to be able to compete America will be better served. tray your remarks and that I may rely on with foreign companies. them when the House Floor Vote for Speaker Yes, it would be worth it. It is not f occurs next week. just a low-risk proposition. The Ex-Im THE TRIUMPH OF EVIL If my portrayal of your words errs in any Bank is a service that has made bil- The SPEAKER pro tempore. The respect, please deliver to me (before the GOP lions of dollars for the United States Conference meeting next week in which we Chair recognizes the gentleman from are to conduct Speaker elections) a written Treasury. It turns a profit—about $2 West Virginia (Mr. MOONEY) for 5 min- communication correcting my errors. million in the last 2 fiscal years. utes. This is interesting—a service that all If I do not receive such a communication Mr. MOONEY of West Virginia. Mr. from you, then I will infer that you concur of our competitor nations provide their Speaker, last Thursday, President that my portrayal of your remarks is accu- companies. It hasn’t cost the taxpayers Obama used his veto power for the fifth rate and that I, and the rest of the GOP Con- any money. In fact, it makes money for time since taking office. This time, it ference, and the American people, may rely the Treasury. Why was it allowed to was to reject the $612 billion defense on your words as I have written them. expire? authorization bill: H.R. 1735, the Na- I need your assurance that you will not use This is another example of where a tional Defense Authorization Act. the Speaker’s position to advance your im- minority of the House, for ideological President Obama vetoed the defense migration policies, except when in accord reasons, decided they were going to bill on the same day that an American with the two above statements, because take over the process. In this case, was killed in . With so much uncer- there is a huge gap between your immigra- they were going to kill the Ex-Im tainty and conflict around the world, I tion position and the wishes of the American citizens I represent. Your words yesterday Bank. They did so over the objections would have expected our President to constitute the needed assurance. of the administration, of the business have understood the importance of sup- If your assurances as I have portrayed community, of many Members of Con- porting this bipartisan defense bill. them are accurate, then I am much more gress, of people in organized labor. This veto is inexcusable. Not only is comfortable voting for you for Speaker on It was hard to maintain decorum dur- this a blatant show of disrespect for the House Floor (and will do so, absence ing last night’s debate when the chair our troops, but it is disrespect for our something startling coming to my attention of the committee complained that, Nation. between now and the election, which I don’t somehow, by approving the discharge The National Defense Authorization anticipate). petition and the procedural motions Act also contains key provisions that If, however, you would use the Speaker’s that followed, we were stifling the will will greatly benefit my State of West chair to advance an immigration belief sys- of the House. I smiled as people la- Virginia. The provisions include the tem that is unacceptable to the Americans I mented that they would not be able to drug interdiction and counterdrug pro- represent, it will be very difficult for me to offer amendments. Members came to gram, the National Guard State Part- vote for you for Speaker on the House Floor. the floor, saying they had amendments nership Program, and $3.9 million in To be clear, I intend to publicly share this they wished they could offer and now funding for the Charleston, West Vir- letter and your responding letter, if any, to they were being shut out. ginia, Air National Guard Base. help explain to my constituents why I voted It is shortsighted and wrong that the as I did on the House Floor in the Speaker’s How ironic. election. His committee had no intention of al- President refused to sign this critical lowing the House to participate in the defense bill. The bill gives our troops Thank you for considering the contents of this letter. give-and-take of legislation he was la- essential resources, but President Sincerely, menting was slipping away. His com- Obama vetoed it because he wants con- MORRIS J. ‘‘MO’’ BROOKS, Jr., mittee didn’t allow this proposal to cessions in other areas of government M.C., AL–5. come to the floor. The committee did spending.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.002 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7193 It is time to stop playing politics them not as citizens and as equal part- the unfortunate but real suggestion with our military. I urge my colleagues ners, but as outsiders and pariahs in that Republicans were gravitating to- in the House and Senate to join to- their own country. ward mass deportation policies, which gether to override this veto. When they hear that Trump is ‘‘lead- provoked a response from the chair- Mr. Speaker, earlier this year, I ing in the polls,’’ they think that man, Mr. SESSIONS. He said: stood on the floor of this Chamber and means there is a pretty good chance GUTIE´ RREZ, ‘‘there is no one in respon- shared the stories of my constituents that he will be the next President. sible Republican leadership that has who have members in Syria who When they see him on TV shows like said we should deport 13 or 11 million are experiencing the political turmoil Jimmy Fallon, not to mention CNN people. And I find it extremely dis- that is seen on the news daily. These and , they get the feeling that tasteful that people would come here stories paint a disturbing picture of he is a celebrity that all of us in Amer- and suggest things that we have not what life is like in Syria right now. ica admire. suggested.’’ Syrian dictator Bashar al-Assad is When they hear that Trump is Well, now that people are suggesting inflicting a reign of terror on his own hosting ‘‘Saturday Night Live’’—not mass deportation openly and are gain- people that include the worst kinds of just being a guest but actually hosting, ing in the public opinion polls in the torture, the repeated uses of chemical even after saying Mexican are mostly Republican Party, I wonder why there weapons bombardments, and the siege rapists, criminals, and drug dealers— is so much silence from the Republican and starvation of innocent people. they get the impression that calling Members of this body. Assad has killed more than 130,000 of whole groups of people rapists, crimi- But it is not just young Latino voters his own people and has forced an addi- nals, and drug dealers based on their in Chicago that are being motivated by tional 3 to 4 million to flee the coun- ethnicity or national origin is basically Republican attacks. When Republicans try. okay with us in America. attack and block The real question these Chicago-area These problems have been exacer- laws to guarantee equal pay for high school students have is: Hey, bated by the failure of leadership from women, that motivates women to reg- GUTIE´ RREZ, what are you going to do to the United States of America. It is not ister and vote. When Republicans cele- defend us from ? What just that Obama has a bad plan for how brate people who will not issue mar- are you going to do to stand up for us? riage licenses to two men or two to handle the crisis in Syria. It is that This leads to an intense discussion women, a lot of people in the LGBT he has no plan at all. about American politics. And I ask the community get motivated to register Edmund Burke once said: ‘‘All that is students right back: What are you and vote. necessary for the triumph of evil is going to do to stand up for yourselves, When Republicans rail against unions that good men do nothing.’’ for your community? and block increases in the minimum That is exactly what the Obama ad- Look, motivating 17- and 18-year-olds wage, while, of course, they earn ministration has done: nothing. Evil is to do something is not always easy, in- $174,000 a year, and block environ- triumphing because of it. Innocent peo- cluding motivating them to register to mental standards and block sensible ple will continue to die if we do not act vote when they are old enough and to gun laws, a lot of working class and now. We must take the first step and actually go out and vote. But when I middle class Americans get motivated establish a no-fly zone so that Assad ask these young Americans whether to register and vote. cannot continue to bomb his own peo- they plan to get registered and vote, Together with those young people I ple from the sky. It is so photos like every hand goes up in the classroom. talked about at those high schools, we these won’t be commonplace in our Donald Trump is spurring youth are forming a very, very powerful coa- news. voter mobilization like I have never lition, a coalition so powerful that This critical action will help, but we seen before. Nationally, we know that some day, even Republicans themselves have to do more. I call upon this ad- 93 percent of Latinos under the age of will want to be part of it. ministration to wake up to that fact. 18 are citizens of the United States and f f that every 30 seconds a Latino citizen turns 18. That is about a million a year HOLDING THE EPA ACCOUNTABLE b 1015 for the next decade or so. If they are The SPEAKER pro tempore. The A POWERFUL COALITION half as motivated as the young people Chair recognizes the gentleman from I am talking to in Chicago, Donald Georgia (Mr. WESTMORELAND) for 5 The SPEAKER pro tempore. The Trump could have a tremendous im- minutes. Chair recognizes the gentleman from pact on the youth vote in the coming Mr. WESTMORELAND. Mr. Speaker, Illinois (Mr. GUTIE´ RREZ) for 5 minutes. I rise today to bring awareness to the ´ election. Mr. GUTIERREZ. Mr. Speaker, over But let’s be honest, do we really want reckless acts of the Environmental the last several weeks, I visited six to motivate civic participation Protection Agency. high schools in my district to meet through fear of deportation, racial On August 5, 2015, the EPA triggered with juniors and seniors, about 2,000 profiling, and families being broken the release of millions of gallons of students in total. up? These are American teenagers toxic waste into the Animas River near Almost all of the students I meet are growing up to distrust their govern- Durango, , containing lead, ar- U.S. citizens. The majority are ment. senic, and other pollutants. Latinos. Some have immigrant par- Trump wants to take us back to the Originally, contaminated water was ents, and most will soon be eligible to good old days of race relations, which seeping into the Gold King Mine from vote. apparently means the 1950s, when another nearby mine. When the Gold All of them have one question for me. President Eisenhower evicted millions King Mine owner refused to allow the It starts every Q and A at every high of immigrants and U.S. citizens from EPA on his property, the EPA threat- school I visit. The questions are about the United States. Dr. Carson, who be- ened to fine him up to $35,000 a day—let Donald Trump. Is he going to be our lieves that human history is only me repeat—$35,000 a day for a leak that next President? Is it true that he wants about 5,000 years old—that is what he wasn’t coming from the owner’s mine. to revoke our citizenship and deport us says, we have only been around 5,000 It was only after these thuggish to the countries our parents came years—says of mass deportation threats that he was forced to let the from? Is it true he wants to round us schemes: ‘‘I think it’s worth dis- EPA on his property. up, Mr. GUTIE´ RREZ, and deport us all? cussing.’’ In fact, as recently as last week, in- It is very sad when the questions a Here in the House, we have consid- vestigators from the Interior Depart- Congressman gets from American high ered measures to deport children more ment concluded their independent in- school students are about how much quickly, to make groups more distrust- vestigation into the August spill and they should fear their own government, ful of the police, and to delay Home- determined that the spill was prevent- whether their own government is going land Security funding. ible and occurred due to the actions of to break up their families, whether Testifying on one of these bills before the EPA. The best that EPA adminis- their own government is going to treat the Rules Committee last year, I made trator Gina McCarthy could do is say

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.003 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7194 CONGRESSIONAL RECORD — HOUSE October 27, 2015 that she was ‘‘deeply sorry’’ and that saying ‘‘I’m sorry and I promise not to $19,000. Small-business owners would the spill was a ‘‘tragic and unfortunate do it again’’? That is why we have in- face difficulties trying to secure new accident.’’ That is not all: there was no troduced these three bills. loans as lending tightens up. And stu- accountability, no reparation, nothing. So I ask my colleagues to, please, dents will have an even harder time How can the American people trust a join me in holding the EPA account- trying to pay for college as student government agency charged with pro- able in any future accidents by sup- loan rates skyrocket. tecting our environment when the porting H.R. 3531, 3655, and 3699. We owe it to our constituents to same Agency is responsible for causing f move toward responsible governing and even more damage? Actions speak away from governing by crisis, which DEBT CEILING louder than words. This is more of the has become all too common around same from the EPA. They are another The SPEAKER pro tempore. The here. arm of the Federal Government look- Chair recognizes the gentleman from The bipartisan budget package un- ing to bully private citizens, but this is Illinois (Mr. QUIGLEY) for 5 minutes. veiled last night affirms the full faith nothing new from the EPA. Mr. QUIGLEY. Mr. Speaker, in 1983, and credit of the United States and Almost a decade ago, a gentleman President wrote to represents real progress for hard- from my district faced a costly, almost then-Senate Majority Leader Howard working American families who are devastating battle with the EPA. Mr. Baker, urging him to raise the debt tired of threats of default and partisan Paul McKnight owned an old cotton ceiling. In his letter, he said: ‘‘The gridlock. warehouse in Senoia, Georgia. After a risks, the costs, the disruptions, and Now is not the time for politics. Now former deadbeat tenant of Mr. the incalculable damage lead me to but is the time for thoughtful consider- McKnight, who had already been re- one conclusion: The Senate must pass ation, bipartisan compromise, and, sponsible for the EPA spending $1.6 this legislation before the Congress ad- most importantly, finding a path for- million in a brownfield cleanup, could journs.’’ ward for the American people. Twenty-three years later, we now not afford to remove 2,000 barrels of f toxic waste from this warehouse that find ourselves 1 week away from de- Mr. McKnight knew did not exist, the faulting on our debt for the first time BREAST CANCER AWARENESS EPA was called in to inspect the build- in our Nation’s history. Instead of MONTH ing by some anonymous caller who said making sure we preserve the full faith The SPEAKER pro tempore. The that they could smell a leak. Once the and credit of the United States, as Chair recognizes the gentleman from EPA got there, their inspector said President Reagan had done 18 times Texas (Mr. OLSON) for 5 minutes. they couldn’t smell a leak. There was during his tenure, some want to hold Mr. OLSON. Mr. Speaker, this is the no leak, but they did find 2,000 barrels our economy hostage to extract ideo- last week of National Breast Cancer containing toxic material. logical wins. Awareness Month. Before it ends, I Without Mr. McKnight’s knowledge, This is not the time for partisan would tell the American people about the EPA declared this warehouse an bickering and political gamesmanship, two amazing women from Sugar Land, ‘‘imminent fire hazard’’ and cleaned up not when it means delaying Social Se- Texas, two good friends of my family, the chemicals at a cost of $800,000, even curity benefits for seniors and those two women who are here for a reason, though the previous tenant had a bid of with disabilities, withholding pay- two people who are touching others in 170. Later, at a public forum, an EPA checks from our brave Active Duty need, two people who are making a dif- representative stated that the EPA had servicemembers, and postponing inter- ference. the funds to clean up the warehouse, est payments on government-issued b 1030 only to bill Mr. McKnight later for bonds. that overpriced cleanup. Not only did We have a responsibility to live up to Meet Irma and Sasha. Stunning, they bill him for the overpriced clean- our obligations no matter what. That aren’t they? They are related. They up, but they sought over $1 million in is not politics; it is basic governing. look like sisters, but they are not. cleanup fees and placed a lien on his The longer we wait to meet our obli- They are mother and daughter. The real estate holdings, including his farm gations and raise the debt ceiling, the mom, Irma, is on the left. Her baby and his home. closer we get to another credit rating girl, Sasha, is on the right. Irma and I helped Mr. McKnight to get the downgrade, a spike in interest rates, Sasha are sisters in a cause. Both have case reconsidered. After 8 years in and a severe slowdown in economic fought breast cancer, and both have court, he was able to get it reduced growth. This is not an overstatement. won. down to $600,000. Let’s look back at what happened in Each year over 200,000 American The EPA shouldn’t use legal loop- 2013 during the last debt ceiling stand- women hear four crushing words: You holes and cower behind exemptions at off. Just the possibility of default have breast cancer. Irma feared those the cost of taxpayers and, not only caused rates on Treasuries to rise by words because she knew they may be that, to charge somebody that had no almost half a percentage point. That coming. Both of her sisters heard those knowledge of the barrels even being cost taxpayers as much as $70 million. four words. One died. there, rather than the man who put the This time around, if we actually de- Irma beat her cancer, but lived in barrels there. This gentleman served 1 fault, market forecasters estimate that fear. With her family’s history of year and 4 months in Federal prison for interest payments on Treasuries would breast cancer, her daughter had a good this. It was his second offense, and yet increase Federal deficits by $10 billion chance of hearing those four terrible Mr. McKnight was fined over $1 mil- over the short term and by $70 billion a words. Five years after Irma beat lion. year after that. That is money that breast cancer, Sasha banged on her That is why I have introduced three wouldn’t be going to critical invest- door, crying without end. She was 31, bills over the last 2 months targeting ments in research and development, and she had aggressive breast cancer. the EPA. My bills: H.R. 3531, No Ex- education, and infrastructure. Irma was by Sasha’s side every sec- emptions for EPA Act; H.R. 3655, EPA On top of that, higher interest rates ond of her fight against cancer. Mom Pays Act; and H.R. 3699, Judgment on Treasuries could lead to a 1 percent watched her daughter lose each breast. Fund Taxpayer Accountability Act are reduction in GDP. That would mean Mom watched her daughter go through all aimed at holding the EPA to the the loss of almost 700,000 jobs, and that 16 rounds of harsh chemotherapy. Mom same standards and requirements as is just a conservative estimate. watched her daughter lose all of her private citizens. Make no mistake, every American hair, her eyebrows, her eyelashes. Mom My bills remove these legal loopholes would be impacted. Middle class fami- watched her daughter lose that smile. for the EPA and force them to repay lies looking to buy a home would face Sasha thought that she was no longer the Federal Government for any dam- higher mortgage rates. A half a per- beautiful. Her will to fight was decreas- ages the EPA causes. If I were to acci- centage point increase in mortgage ing. dentally cause the same disaster, do rates would increase the lifetime cost Irma took charge. She told Sasha you think that I would get off by just of an average home loan by almost that ‘‘no matter how sick you feel, get

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.005 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7195 up, shower, and put some lipstick on. holds between Egypt and , and it Greeks, Armenians and Assyrians who were You are beautiful.’’ has made a gigantic difference in the Christians, Jews, Sunnis, Alawites and Shi- Then it hit both of them. They were saving of lives in that extremely trou- ites. The Assad family had ruled the country women of style and grace. Cancer took since 1970, and was very proud of this rel- bled region. ative harmony among these diverse groups. that away. The only wigs they could In his editorial to The New York When protesters in Syria demanded long find looked good on circus clowns. Times, President Carter references overdue reforms in the political system, There was not a beauty shop for women that the Carter Center—which he President Assad saw this as an illegal revolu- with breast cancer, a place where they founded and to which he has dedicated tionary effort to overthrow his ‘‘legitimate’’ are pampered, a place where they are his life with his wife Rosalyn ever since regime and erroneously decided to stamp it beautiful. They were going to end that. his service as President—has been out by using unnecessary force. Because of Dad had no choice. He gave Sasha his deeply involved in Syria since the many complex reasons, he was supported by his military forces, most Christians, Jews, life savings, and in 2013 my wife and I early 1980s. Who would know more than Shiite Muslims, Alawites and others who walked into our friends’ dream store, he? feared a takeover by radical Sunni Muslims. Cure & Co., on its opening day. Cure & He recommends the only real chance The prospect for his overthrow was remote. Co. gives women with cancer real wigs, of ending the conflict is to engage the The Carter Center had been deeply in- real facials, and real beauty products. United States, , , Turkey, volved in Syria since the early 1980s, and we Sasha and Irma give their clients hope and Saudi Arabia in preparing a com- shared our insights with top officials in and love in the worst of times, the prehensive peace protocol with Syria. Washington, seeking to preserve an oppor- He knows what that requires. He rec- tunity for a political solution to the rapidly greatest gifts of all. growing conflict. Despite our persistent but Look one last time at Irma and ommends a cease-fire, formation of a confidential protests, the early American po- Sasha. They are gorgeous, stunning, unity government, constitutional re- sition was that the first step in resolving the and beautiful. They have had breast forms, and elections. dispute had to be the removal of Mr. Assad cancer. Both of them have beaten Mr. Speaker, I include for today’s from office. Those who knew him saw this as breast cancer, and both of them will RECORD the editorial entitled ‘‘A Plan a fruitless demand, but it has been main- never leave the fight until breast can- to End the Syrian Crisis.’’ tained for more than four years. In effect, cer is cured forever. I say to my colleagues and to those our prerequisite for peace efforts has been an impossibility. f who are listening: As we watch this Kofi Annan, the former United Nations tragedy unfold, our Nation is the most REFUGEE CRISIS IN EUROPE secretary general, and Lakhdar Brahimi, a powerful nation in the world. Surely, former Algerian foreign minister, tried to The SPEAKER pro tempore. The we should have the wisdom and the will end the conflict as special representatives of Chair recognizes the gentlewoman from to take this latest tragedy, which we the United Nations, but abandoned the effort (Ms. KAPTUR) for 5 minutes. had no small part in precipitating, and as fruitless because of incompatibilities Ms. KAPTUR. Mr. Speaker, last week find a way to bring the parties to the among America, Russia and other nations re- I came to the floor and recommended table. garding the status of Mr. Assad during a that the Obama administration appoint peace process. What is happening in Syria due to In May 2015, a group of global leaders a special envoy with a very broad port- the lack of a diplomatic solution is known as the Elders visited Moscow, where folio: dispatched to work on a diplo- now impacting Europe in ways that we we had detailed discussions with the Amer- matic solution to the tragedy that is have not seen since World War II. It is ican ambassador, former President Mikhail destroying Syria and unfolding in the very destabilizing. S. Gorbachev, former Prime Minister Middle East, now having broad impact With what is happening inside Yevgeny M. Primakov, Foreign Minister in greater Europe. Ukraine today due to Russia’s inva- Sergey V. Lavrov and representatives of I want to point out to those who are sion, with over 1.7 million displaced international think tanks, including the Moscow branch of the Carnegie Center. listening that the displacement crisis persons internally, if Russia would They pointed out the longstanding part- in the Middle East, centered in Syria, happen to turn the tourniquet tighter nership between Russia and the Assad re- has consumed seven nations and pro- in eastern Ukraine and cause addi- gime and the great threat of the Islamic pelled the largest refugee crisis Europe tional displacement across Europe, State to Russia, where an estimated 14 per- has faced since World War II. Already imagine what the winter months would cent of its population are Sunni Muslims. in Syria, over a quarter of a million bring. Later, I questioned President Putin about people have been killed—civilians—and I can’t urge in strong enough terms his support for Mr. Assad, and about his two that is probably a low number. that the Obama administration pay sessions that year with representatives of With over 12 million people displaced, factions from Syria. He replied that little heed to President Carter’s very lucid progress had been made, and he thought that Europe is being besieged by hundreds of editorial in yesterday’s New York the only real chance of ending the conflict thousands, legions, of the dispossessed. Times. I commend all Members and was for the United States and Russia to be Meanwhile, it almost seems surreal citizens to read it. joined by Iran, Turkey and Saudi Arabia in that no effective diplomatic negotia- [From , Oct. 26, 2015] preparing a comprehensive peace proposal. He believed that all factions in Syria, except tion is underway that holds the pros- A PLAN TO END THE SYRIAN CRISIS the Islamic State, would accept almost any pect of leading to peace. (By Jimmy Carter) I again ask the Obama administra- plan endorsed strongly by these five, with I have known Bashar al-Assad, the presi- tion to dispatch a special envoy with a Iran and Russia supporting Mr. Assad and dent of Syria, since he was a college student the other three backing the opposition. With broad portfolio to work full time on a in London, and have spent many hours nego- his approval, I relayed this suggestion to diplomatic solution to the tragedy that tiating with him since he has been in office. Washington. is destroying Syria. This has often been at the request of the For the past three years, the Carter Center Then yesterday in The New York United States government during those has been working with Syrians across polit- Times appeared an editorial by the leg- many times when our ambassadors have been ical divides, armed opposition group leaders endary 39th President of the United withdrawn from Damascus because of diplo- and diplomats from the United Nations and States, Jimmy Carter, entitled ‘‘A matic disputes. Europe to find a political path for ending the Bashar and his father, Hafez, had a policy conflict. This effort has been based on data- Plan to End the Syrian Crisis.’’ I of not speaking to anyone at the American driven research about the Syrian catas- served President Carter during his Embassy during those periods of estrange- trophe that the center has conducted, which years in the Presidency. ment, but they would talk to me. I noticed reveals the location of different factions and I well remember the incredible mo- that Bashar never referred to a subordinate clearly shows that neither side in Syria can ment in 1979 when President Carter for advice or information. His most per- prevail militarily. stood with Anwar Sadat, the President sistent characteristic was stubbornness; it The recent decision by Russia to support of Egypt, and the Prime Minister of was almost psychologically impossible for the Assad regime with airstrikes and other Israel, Menachem Begin, and they him to change his mind—and certainly not military forces has intensified the fighting, when under pressure. raised the level of armaments and may in- signed that treaty in March of 1979. Before the revolution began in March 2011, crease the flow of refugees to neighboring Who would have ever thought that that Syria set a good example of harmonious rela- countries and Europe. At the same time, it moment in history would have been tions among its many different ethnic and has helped to clarify the choice between a possible? Yet, until today, that treaty religious groups, including Arabs, Kurds, political process in which the Assad regime

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.006 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7196 CONGRESSIONAL RECORD — HOUSE October 27, 2015 assumes a role and more war in which the Is- THE JOURNAL Mrs. CAROLYN B. MALONEY of New lamic State becomes an even greater threat York. Mr. Speaker, this summer, when to world peace. With these clear alter- The SPEAKER. The Chair has exam- ined the Journal of the last day’s pro- a small group of Republicans success- natives, the five nations mentioned above fully blocked the renewal of the Ex- could formulate a unanimous proposal. Un- ceedings and announces to the House fortunately, differences among them persist. his approval thereof. port-Import Bank, they were very Iran outlined a general four-point sequence Pursuant to clause 1, rule I, the Jour- dismissive of the negative effects their several months ago, consisting of a cease- nal stands approved. efforts would have on job creation here fire, formation of a unity government, con- in our country. Now it is autumn, and stitutional reforms and elections. Working f without the Ex-Im Bank, we are losing through the United Nations Security Council PLEDGE OF ALLEGIANCE American jobs. and utilizing a five-nation proposal, some Last month, General Electric an- The SPEAKER. Will the gentleman mechanism could be found to implement nounced it will move production of these goals. from Illinois (Mr. DOLD) come forward large, gas-powered engines to Canada, The involvement of Russia and Iran is es- and lead the House in the Pledge of Al- along with 350 jobs, because the com- sential. Mr. Assad’s only concession in four legiance. pany cannot access financing from the years of war was giving up chemical weap- Mr. DOLD led the Pledge of Alle- Export-Import Bank. ons, and he did so only under pressure from giance as follows: Russia and Iran. Similarly, he will not end Boeing was recently told by a Singa- the war by accepting concessions imposed by I pledge allegiance to the Flag of the pore-based satellite company not even the West, but is likely to do so if urged by United States of America, and to the Repub- lic for which it stands, one nation under God, to bother bidding on a satellite con- his allies. tract because they lacked the financing Mr. Assad’s governing authority could indivisible, with liberty and justice for all. from Ex-Im. then be ended in an orderly process, an ac- f ceptable government established in Syria, These are just a few real-life exam- and a concerted effort could then be made to ANNOUNCEMENT BY THE SPEAKER ples of the real-world consequences of stamp out the threat of the Islamic State. The SPEAKER. The Chair will enter- letting Ex-Im expire. There is never a The needed concessions are not from the tain up to 15 requests for 1-minute good time to commit economic suicide. combatants in Syria, but from the proud na- speeches on each side of the aisle. I urge my colleagues to join together tions that claim to want peace but refuse to in renewing the Export-Import Bank cooperate with one another. f and saving and growing American jobs. f BREAST CANCER AWARENESS f RECESS MONTH BREAST CANCER AWARENESS The SPEAKER pro tempore. Pursu- (Mr. WILSON of South Carolina MONTH ant to clause 12(a) of rule I, the Chair asked and was given permission to ad- (Mr. DOLD asked and was given per- declares the House in recess until noon dress the House for 1 minute and to re- mission to address the House for 1 today. vise and extend his remarks.) minute and to revise and extend his re- Accordingly (at 10 o’clock and 39 Mr. WILSON of South Carolina. Mr. marks.) minutes a.m.), the House stood in re- Speaker, October marks Breast Cancer Mr. DOLD. Mr. Speaker, I rise today cess. Awareness Month, a month to espe- to recognize October as Breast Cancer cially recognize and celebrate breast f Awareness Month. This disease has cancer patients, survivors, and advo- touched everyone in some way, and we b 1200 cates. While breast cancer affects indi- must do all we can to fight it. viduals and families throughout the AFTER RECESS An astonishing one in eight women year, I especially appreciate the aware- will be diagnosed with breast cancer The recess having expired, the House ness and advocacy efforts that occur over the course of her lifetime. This is was called to order by the Speaker at this week, especially the Walk for Life one of the many reasons that I sup- noon. and Women’s Night Out. ported increased funding for the Na- f The Walk for Life/Race for Life at tional Institutes of Health. American Palmetto Health, though rescheduled scientists and researchers are the best PRAYER due to tragic flooding, is celebrating 25 in the world, but they do need our sup- The , the Reverend Patrick years of raising funds and awareness port to put an end to this disease once J. Conroy, offered the following prayer: for survivors and treatment in the Mid- and for all. God of wisdom, we give You thanks lands. In the past 25 years, the Walk I am also proud to be the lead Repub- for giving us another day. for Life, led by Chair Janet Snider, has lican sponsor of H.R. 1925, a bill to Prior to the Great Compromise, Ben- gone from 200 participants in the first award a Congressional Gold Medal to jamin Franklin addressed the Constitu- year to over 11,000 participants last Dr. Ernie Bodai, the creator of the tional Convention: ‘‘We indeed seem to year, raising over $800,000. breast cancer research stamp. Since its feel our own want of political wisdom, Women’s Night Out at Lexington introduction in 1998, the stamp has since we have been running about in Medical Center, led by President Mike been an effective tool for increasing search of it. In this situation of this as- Biediger, is an inspiring evening at awareness and has raised over $80 mil- sembly, groping as it were in the dark Burkett, Burkett & Burkett CPAs lion to support the cause. to find political truth and scarce able where the hospital honors breast can- This month, please take a moment to to distinguish it when presented to us, cer patients, survivors, and their fami- join me in remembering those who lost have we now forgotten (our) powerful lies. the battle to breast cancer, while cele- friend?’’ I know firsthand of the success at brating survivors, those currently Lord, You are the powerful friend re- Lexington Medical Center where my fighting the disease, and all of those ferred to by Franklin, and we turn son, Addison, in high school, was suc- helping women live longer, healthier again to You to ask that Your wisdom cessfully treated for thyroid cancer and lives. now himself is an orthopedic surgeon. might break through the political dis- f cussions of these days. In conclusion, God bless our troops, Bless the Members of the people’s and may the President by his actions SOLAR ENERGY House and all of Congress with the in- never forget September the 11th in the (Mr. HIGGINS asked and was given sight and foresight to construct a fu- global war on terrorism. permission to address the House for 1 ture of security in our Nation’s poli- f minute.) tics, economy, and society. May they, Mr. HIGGINS. Mr. Speaker, solar en- as You, be especially mindful of those EXPORT-IMPORT BANK ergy serves the national interest in a who are poor and without power. (Mrs. CAROLYN B. MALONEY of number of ways. It is reducing our reli- May all that is done today be for New York asked and was given permis- ance on fossil fuels that are causing Your greater honor and glory. Amen. sion to address the House for 1 minute.) . It is helping America

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.003 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7197 to become energy independent. It is In Michigan, of all States, we know I was delighted to see Ramona Young creating jobs, 3,000 of them, at or near that we need to invest in order to grow and Sommatra Jackson at the event, the solar plant under construction in our economy. To build a 21st century two women hired at my first event in Buffalo, New York. economy, we need state-of-the-art in- 2013. They were back this year rep- Solar panels empower consumers to frastructure. resenting the company that hired generate clean and affordable energy at No more short-term fixes, no more them. home and to sell the extra energy that month-to-month funding. I have voted Their success continues to motivate they do not use to the grid. A policy against these short-term bills in the me. For every Ramona and Sommatra, called ‘‘net metering,’’ which requires past, and I am going to continue to do there are hundreds of Americans look- utilities to pay a fair price for this en- so. ing for good-paying jobs that allow ergy to the consumer, is currently in We are in urgent need of dramatic in- them to build toward a future. place in all but six States. It has been vestment in infrastructure. Nearly a vital to the growth of the solar indus- third of our roads are in poor or medi- So today I rise on behalf of those try by providing consumers with cer- ocre condition. One out of four of our American workers still looking for tainty on the savings that solar will bridges require significant repair. In good-paying jobs. produce in their energy bill. my own hometown, our water infra- We all know the statistics. Our econ- That is why I have introduced legis- structure is wholly inadequate to pro- omy is growing. After 67 months of lation to direct the Department of En- vide even clean water to our residents. consecutive job growth, our unemploy- We just cannot continue to threaten ergy to conduct a study on all of the ment rate stands at 5.1 percent for the our economy by failing to do our job. impacts of net metering. Through a first time since 2008, but the fact is Congress needs to do its job. The Amer- comprehensive analysis, we can ensure there are nearly 8 million Americans ican people go to work every single that regulators and policymakers have still searching. the accurate information they need to day, and the least that they can expect make a sound decision on whether to is that we do the same thing and do our The people I met at my hiring event support consumer-generated solar en- job. were talented, skilled, and driven. ergy. If we really believe in our future in They are hungry for an opportunity to f this Congress, we ought to be willing to work, to put their skills to good use, invest in it. and to provide for their families. NATIONAL DEFENSE AUTHORIZATION ACT VETOED f I urge my colleagues to join me in FAIRNESS AND OPPORTUNITIES creating an economy that works for ev- (Mrs. BLACKBURN asked and was eryone. given permission to address the House FOR MARRIED HOUSEHOLDS for 1 minute and to revise and extend WITH STUDENT LOANS ACT f her remarks.) (Mr. MARCHANT asked and was Mrs. BLACKBURN. Mr. Speaker, my given permission to address the House heart breaks for our military men and for 1 minute.) DOMESTIC VIOLENCE AWARENESS women who last week watched their Mr. MARCHANT. Mr. Speaker, stu- (Mr. COSTELLO of Pennsylvania Commander in Chief as he vetoed the dent loan debt is now the fastest grow- asked and was given permission to ad- NDAA, the National Defense Author- ing and second-largest type of house- dress the House for 1 minute and to re- ization Act. This was a bill that would hold debt in America. It is no surprise vise and extend his remarks.) give them more pay and better benefits that many Americans are putting off for the job that they are doing. He ve- marriage and family life for financial Mr. COSTELLO of Pennsylvania. Mr. toed it, great flourish, called a cere- reasons. Speaker, I rise today to recognize Octo- mony. The decline in marriage is a problem ber as Domestic Violence Awareness He vetoed the bill because he wanted that could impact our economy and so- Month. Far too many families fall vic- more money for his domestic agenda ciety for decades to come. Yet, our Tax tim to domestic violence. In fact, one that includes more money for broken Code punishes married households who in four women will experience domestic agencies like the EPA and the IRS. have student debt. That is why I have violence at some point in their lives. Imagine that. introduced the Fairness and Opportuni- I want to recognize and thank the or- In Congress, our first responsibility ties for Married Households With Stu- ganizations, their staff, and their vol- is to provide for the common defense, dent Loans Act. unteers across my district for what Currently, an individual with student and the NDAA just does that. they do to help victims of domestic vi- This year’s defense bill passed both loans can deduct up to $2,500 in interest olence. the House and the Senate with an over- paid on their loans, but that amount whelming bipartisan majority. It is the does not increase for married couples To cite just one example, Mr. Speak- most reform-centered defense bill in filing jointly. So spouses who both er, last week the Berks Women in Cri- decades. have student loan debt are limited to sis held their annual Silent It includes pay and benefits for our just one $2,500 deduction. This is not Project march and ceremony to honor troops. Did you know 83 percent of our fair. and remember victims lost. A group of military personnel have retired with no My bill increases the deduction to about 75 people marched from the retirement benefits? It changes that. $5,000 for married couples. It only Berks Women in Crisis center to the The President vetoed it. It would makes sense. It also strengthens incen- Reading Area Community College, car- have given them 401(k)-style benefits. tives toward marriage and financial rying 25 red silhouettes of women, men, The President vetoed it. He should be independence. and children killed due to domestic vi- ashamed of those actions. The men and With student debt putting pressure olence. Each cutout held a brass shield women in uniform deserve better. on our economy, let’s stop penalizing with the summary of that victim’s f marriage and start helping families story. build a stronger future. NATION’S CRUMBLING By spreading awareness of these hor- INFRASTRUCTURE f rors of domestic violence and encour- (Mr. KILDEE asked and was given 2015 JOBS FAIR AND ECONOMY aging victims to speak up, we can and permission to address the House for 1 (Ms. KELLY of Illinois asked and was must help reduce the number of women minute.) given permission to address the House victimized. Mr. KILDEE. Mr. Speaker, well, it is for 1 minute.) I applaud the efforts of this annual long past time for Congress to do its Ms. KELLY of Illinois. Mr. Speaker, I ceremony and march and want to let job and get serious about funding a recently hosted my third annual hiring them know that their work is recog- long-term solution to fix our crumbling event where 500 applicants connected nized by the community. Indeed, the roads and bridges, all of our infrastruc- with more than 70 employers looking work of all the organizations, their ture in this country. to fill positions. staff, and volunteers is critical.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.010 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7198 CONGRESSIONAL RECORD — HOUSE October 27, 2015 b 1215 I commend the Mangun family for ISIS by the thousands. Iran is on the STAND WITH SHERIFF LUPE their tireless dedication to Louisiana, path to having a . Yet VALDEZ and I congratulate The Pentecostals of this President is more concerned about Alexandria in their celebration this liberal politics than he is about the (Mr. VEASEY asked and was given week commemorating 65 years of min- safety of our Nation. As a , I permission to address the House for 1 istry. find it disgraceful. minute.) f Mr. VEASEY. Mr. Speaker, I rise f today to stand with Lupe. That is Dal- GOOD THINGS AND BAD THINGS WEAR RED WEDNESDAY las County Sheriff Lupe Valdez. Sheriff (Ms. JACKSON LEE asked and was (Ms. WILSON of Florida asked and Lupe Valdez has a great history in Dal- given permission to address the House las County, but recently she has come was given permission to address the for 1 minute.) House for 1 minute.) under attack from our Governor for Ms. JACKSON LEE. Mr. Speaker, Ms. WILSON of Florida. Mr. Speaker, trying to build relationships between today we will have an opportunity to tomorrow is Wear Red Wednesday to the law enforcement community and support the Export-Import Bank open- Bring Back Our Girls. the immigrant community. ing so that constituents across Amer- This month President Obama an- Governor Abbott sent a threatening ica, including Houston, Texas, will nounced he will deploy 300 troops to letter to Sheriff Valdez, questioning have the opportunity to grow jobs and Cameroon to help with the fight her decision to decline certain Federal to compete internationally. That is a against the ISIS-linked terrorist orga- ICE detainers when the immigrant in good thing, Mr. Speaker. nization, Boko Haram. These American question is not a public safety risk— Soon I hope we will be able to reopen troops will provide vital intelligence, not a public safety risk. Riverside Hospital in my congressional surveillance, and reconnaissance sup- Sheriff Valdez understands that, in district with the collaboration and port to the multinational regional coa- order to serve and protect the immi- work with Health and Human Services lition fighting Boko Haram. grant community, she must have the and State authorities to open the doors I applaud the President’s commit- trust of that community. for those who need health care. That is ment to rooting out and destroying I call on Governor Abbott, instead of a good thing. radical terrorism in the region. This trying to erode that trust between law Mr. Speaker, the showing of a video newly announced aid could be a turn- enforcement and the immigrant com- of a student being dragged out of a ing point in the fight against Boko munity, to work with the Republican classroom violently while educators Haram. Texas delegation to push for com- stand by and watch is a bad thing. It Mr. Speaker, until the precious prehensive immigration reform, to calls upon the Justice Department of Chibok girls are returned, we will con- push for the things that the business that State, the Attorney General, and tinue to wear red and continue to community wants, that the church the local district attorney to stand up tweet, tweet, tweet. Continue to tweet, community wants, in order to do some- and be counted. It also calls upon the tweet, tweet #bringbackourgirls. thing about our broken immigration U.S. Department of Justice to deter- Tweet, tweet, tweet #joinrepwilson. system instead of trying to push for mine whether the civil rights of that things like sanctuary city bills. student were violated. f If we work together with the immi- Not one American should be able to OCTOBER IS NATIONAL FARM TO grant community and do the right tolerate the heinous, horrific, violent SCHOOL MONTH thing, together we can work on solving actions of throwing a young girl stu- a lot of these issues. dent on the floor, up against the door, (Mr. WESTERMAN asked and was I ask my colleagues and the Governor dragged as if she were a bag of pota- given permission to address the House to stand with Lupe and to do the right toes. No one should tolerate that. for 1 minute.) thing when it comes to Texas immi- Mr. Speaker, I call upon everyone to Mr. WESTERMAN. Mr. Speaker, I grants. address the conditions in schools and rise today to recognize a very innova- f violence along with those who are per- tive program in my home State of Ar- petrating these acts against students. . Governor Asa Hutchinson pro- HONORING VESTA MANGUN f claimed October to be Farm to School (Mr. ABRAHAM asked and was given Month. The Farm to School program permission to address the House for 1 NDAA VETO provides healthy, locally grown food to minute.) (Mr. PALAZZO asked and was given our State’s schools while creating new Mr. ABRAHAM. Mr. Speaker, I rise permission to address the House for 1 revenue streams for our Arkansas today to honor a faithful and God-fear- minute and to revise and extend his re- farmers. ing woman, Ms. Vesta Mangun of Alex- marks.) According to the USDA, 169 schools, andria, Louisiana, who will soon be Mr. PALAZZO. Mr. Speaker, last serving over 86,000 young Arkansans, celebrating her 90th birthday. week the President once again dis- participate in the program. This di- Ms. Mangun is a dedicated member of appointed the American people while rected over $600,000 into local econo- The Pentecostals of Alexandria only seeking to advance his own polit- mies by purchasing products from local Church. She has been instrumental in ical agenda. Despite only vetoing four farmers. the life and spirit of the Pentecostal bills in 7 years, the President took the The Farm to School program helps to community for a long, long time. extraordinary measure of vetoing a bill combat childhood obesity by encour- Ms. Mangun and her husband, G.A. vital to keeping Americans safe. aging healthy eating habits among our Mangun, started The Pentecostals of The annual National Defense Author- youngest, most impressionable citi- Alexandria when it was known as the ization ensures our troops have the zens. Also, at a time when families are First United Pentecostal Church with tools and training they need to destroy moving away from the rural, agricul- just 38 members. Today The our enemies and to return to their tural parts of our Nation, I believe it is Pentecostals of Alexandria is made up loved ones back at home. This bill has vital that our children know how and of thousands of members, largely been passed for 53 consecutive years, where their food is produced. The Farm thanks to the dedication of the yet this President saw fit to veto it, to School program helps to educate Mangun family. putting campaign promises above our them. The work of Ms. Mangun extends far military and the American people. Mr. Speaker, I believe the Farm to beyond community. A daughter of an Mr. Speaker, the world is not becom- School program is important to the east Texas pioneer, Vesta Mangun has ing a safer place. In fact, it is becoming economy, health, and education of Ar- dedicated her life to sharing the Lord’s much more dangerous. China is build- kansas’ Fourth District. I look forward word as a speaker at camp meetings ing military islands in the South China to working with the many stakeholders across the country and across the Sea. The Russians are destabilizing Eu- in Arkansas to see the continued suc- world. rope. Foreign fighters are flooding to cess of the Farm to School program.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.013 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7199 CLEAN THE BARN for 1 minute and to revise and extend do their jobs and help patients recover. (Mrs. DAVIS of California asked and his remarks.) It is time to remove a needless layer of was given permission to address the Mr. CASTRO of Texas. Mr. Speaker, bureaucracy and give them the tools House for 1 minute.) this year marks the 25th anniversary of they need to succeed. Mrs. DAVIS of California. Mr. Speak- the Initiative on Edu- f cational Excellence for Hispanics, a bi- er, Speaker BOEHNER has pledged to b 1230 clean the barn before handing the partisan effort to increase educational Speakership over later this week. opportunities and improve educational FARM TO SCHOOL ACT OF 2015 So far, we are off to a good start. outcomes for Latinos in America. (Mr. GARAMENDI asked and was Over the past 21⁄2 decades, the initia- First, a bipartisan majority is finally given permission to address the House tive has made great progress. The per- able to reauthorize the Export-Import for 1 minute and to revise and extend centage of Hispanics with a high school Bank. Ex-Im supports countless Amer- his remarks.) degree has jumped by nearly 20 per- ican jobs and historically has enjoyed Mr. GARAMENDI. Mr. Speaker, I cent. The percentage of Hispanics drop- broad bipartisan support. urge the House to pay attention to the ping out of high school is nearly 20 per- Today we learned of a bipartisan Farm to School Act of 2015. Like my cent lower. The percentage of His- deal. I am still reviewing the details of colleague from Arkansas, California is panics with a bachelor’s degree or high- this compromise, but I am encouraged a big agricultural State, and we know that the leaders of both parties came er has nearly doubled. Progress like this is possible because that kids go hungry. together to protect the full faith and We have the 2010 Healthy, Hunger- credit of the United States and to re- of so many committed organizations across our Nation. The initiative has Free Children Act, providing some $5 duce the burden of sequestration. million annually in competitive pro- Now, I represent the heart of San identified certain ‘‘Bright Spots’’ in this effort, and I would like to recog- grams for schools to establish the Diego. We don’t have many farms in Farm to School Act programs. These my district, but even I know that, nize those programs that received the ‘‘Bright Spot’’ designation in my own programs are vitally important to when you put off cleaning the barn, the farmers, increasing their income, but you-know-what tends to pile up. congressional district. even more important to kids who can There is so much more that Congress They are: The Academy for Teacher get good, healthy food, locally grown should be doing that we are not doing Excellence, the Graduate Support Cen- this week. We still need a highway bill ter at UIW, IDRA’s Coca-Cola Valued and available in their schools. So let’s pay attention here. Let’s get that will improve our Nation’s infra- Youth Program, Northwest Vista Col- this new bill underway. Let’s move this structure and create jobs. We need lege’s College Connection Program, program forward. Let’s put some meaningful immigration reform and a and San Antonio College’s College and money so our kids can have good food deal to get rid of sequestration once Grants Development Department. and our local farmers can have a good and for all. Congratulations to these ‘‘Bright Let’s hope this week marks the be- Spots,’’ and thank you to all the orga- market. ginning of an effort to not just clean nizations out there helping to make f the barn, but to keep the barn clean. this program a success. FREE AND FAIR ELECTIONS IN f f TURKEY FIRST ANNUAL CRISTINA GOMEZ HOME HEALTH CARE PLANNING (Mr. TROTT asked and was given per- 5K RUN/WALK IMPROVEMENT ACT mission to address the House for 1 (Ms. ROS-LEHTINEN asked and was (Mr. GUINTA asked and was given minute.) given permission to address the House permission to address the House for 1 Mr. TROTT. Mr. Speaker, I rise for 1 minute and to revise and extend minute and to revise and extend his re- today to highlight the upcoming Par- her remarks.) marks.) liamentary elections being held in Tur- Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. GUINTA. Mr. Speaker, I rise to key. With so much on the line for Tur- rise today to urge south Floridians to bring attention to the dire need for key, both domestically and inter- run or walk this Sunday, November 1, nurses in the Granite State. The New nationally, it is my sincere hope that to support the Cristina M. Gomez Trau- Hampshire Union Leader—my news- the elections are held in an environ- matic Brain Injury Foundation—TBI paper of Manchester, New Hampshire— ment that is consistent with inter- Foundation—at its first annual reports the need will only increase as national standards on November 1. Cristina Gomez 5K Run/Walk at Miami our population ages and more nurses Free and fair elections are a funda- Executive Airport. reach retirement. mental part of any democratic society, Cristina was a senior majoring in Also, healthcare facilities are con- and Turkish citizens of all backgrounds education at my alma mater, Florida centrated outside the State, increasing deserve to know that not only does International University, when she suf- the need for healthcare practitioners in their vote count, but it will be cast in fered a traumatic brain injury after New Hampshire. I recently hosted a a welcoming, safe and open atmos- falling while out on a run. Manchester Job Fair to help meet the phere. While her family is encouraged by need, and I am a proud cosponsor of the Freedom of the press is also a crucial Cristina’s slow, but steady, recovery, Home Health Care Planning Improve- part of democracy and, with the future she still requires 24/7 care, and her con- ment Act of 2015. of Turkey at the forefront of the No- tinuing treatment is not fully covered Right now, according to vember elections, Turkish citizens de- by insurance, concerns that they share rules, a nurse practitioner may not serve to hear every narrative, and jour- with many other families. prescribe home healthcare services for nalists and reporters should not have As a result, proceeds from Sunday’s beneficiaries. They must seek a doc- to worry about intimidation or legal event will help ensure that other trau- tor’s permission, a process that would action, simply for doing their jobs. matic brain injury victims and their take weeks in rural areas like northern As Turkey enters a pivotal moment families in our community receive the New Hampshire. in its history, I wish them a safe and emotional and the financial support The New Hampshire Nurse Practi- successful election day. And just like they need to keep hope alive. tioner Association visited me in Wash- any democratic society, the real win- Registration is online now at ington last month to tell me about this ners at the end of the day will be the cristinagomezfoundation.org. critical problem. Current rules add citizens of Turkey. f extra time and cost to home health f care. Qualified nurses should be able to WHITE HOUSE INITIATIVE FOR make the best decisions for their pa- CONGRESS’ LAST SHORT-TERM EX- EDUCATIONAL EXCELLENCE FOR tients, especially in the isolated or TENSION OF THE HIGHWAY BILL HISPANICS homebound arena. (Ms. HAHN asked and was given per- (Mr. CASTRO of Texas asked and was The Home Health Care Planning Im- mission to address the House for 1 given permission to address the House provement Act would allow nurses to minute.)

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.014 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7200 CONGRESSIONAL RECORD — HOUSE October 27, 2015 Ms. HAHN. Mr. Speaker, today we lack of security around our borders. In the First District of Georgia, the will vote on what, hopefully, will be They have had enough of the economic Ex-Im Bank facilitates exports for over this Congress’ last short-term exten- damage of not being able to hire and 17 companies, more than half of which sion of the highway bill. We have made retain the people we need to grow our are small businesses, over $500 million progress on a long-term bill, and the economy and make us strong. in exports, and supports over 3,200 jobs. House should consider that legislation We have had enough of the chaos Around Georgia, those numbers jump next week. This is good news. within our borders, of the difficult de- to more than $4 billion in exports from But the short-term bill also includes cisions that police and law enforce- 205 companies supporting almost 30,000 an inevitable but disappointing exten- ment officials have had to make with jobs. sion of the deadline for railroads to in- regard to enforcing a set of unenforce- With the recent expiration of the Ex- stall positive train control technology. able laws, under which more than 10 Im Bank, many of these companies This technology can prevent train acci- million people here don’t have docu- have suffered the loss of millions of dents and is designed to save lives. mentation. dollars in new business growth, market Originally, Congress gave railroads 7 This needs to end. We should not access, and risked thousands of jobs. years to install positive train control, have 12 million illegal immigrants. We While we stand here debating the fu- but as that deadline approaches, the should not have 8 million illegal immi- ture of the Ex-Im Bank, our competi- railroads are woefully behind schedule. grants. We shouldn’t even have 1 mil- tors are leveraging their own versions With the railroad industry’s threat to lion illegal immigrants. of their export-import agencies to in- If we simply acted upon the bipar- shut down over our heads, we have no crease their market shares abroad. tisan proposal that passed the Senate choice but to go through with this ex- While I advocated for reforms that go tension. with more than two-thirds support last session and, I believe, would pass the further than this legislation, it does I worry what the consequences will provide critical reforms necessary to be for this. This has to be the last House today if we brought it to the floor, we would finally unite families, ensure taxpayers are protected while delay that we give to the railroads. allowing the bank to do its important Congress did not mandate positive secure our borders, boost our economy, and end the enormous number of people work. train control to be a thorn in the rail- Passing this legislation is essential roads’ side. It was done to save lives. who are here without their papers. I call upon this body to act. to protecting thousands of jobs, and I f urge my colleagues to join us in reau- f SETTING THE RECORD STRAIGHT thorizing the Ex-Im Bank and to let CONGRATULATING PAUL MODRICH ON MEAT the world know America is open for AND AZIZ SANCAR business. (Mr. THOMPSON of Pennsylvania (Ms. FOXX asked and was given per- asked and was given permission to ad- mission to address the House for 1 f dress the House for 1 minute and to re- minute.) vise and extend his remarks.) Ms. FOXX. Mr. Speaker, today I rise Mr. THOMPSON of Pennsylvania. CONGENITAL HEART FUTURES to congratulate scientists Paul ACT Mr. Speaker, I rise to set the record Modrich of Duke University and Aziz straight regarding a claim this week by Sancar of the University of North (Mr. BILIRAKIS asked and was given the International Agency for Research Carolina at Chapel Hill on winning the permission to address the House for 1 on Cancer classifying processed meats 2015 Nobel Prize in Chemistry. They minute and to revise and extend his re- as carcinogenic and red meat as a prob- share this prestigious award with marks.) able carcinogen. Swedish scientist Tomas Lindahl for Mr. BILIRAKIS. Mr. Speaker, I rise According to the American Cancer their work in understanding how cells today on behalf of the nearly 1 in 100 Society, there is a lifetime risk of de- repair damaged DNA. newborns born with congenital heart veloping colorectal cancer of 5 percent. Dr. Modrich is the James B. Duke disease. Congenital heart disease is the By this organization’s own findings, Professor of Biochemistry at Duke’s most common birth defect and is the eating a cold-cut sandwich or a hot dog medical school and a member of the number one cause of birth defect re- every day would only raise that risk to Duke Cancer Institute. He is also an in- lated deaths. around 6 percent. vestigator with the Howard Hughes This disease demands our attention. Doctors with the International Agen- Medical Institute. Dr. Modrich’s re- That is why I founded the Congenital cy for the Research on Cancer admit search has demonstrated how the cell Heart Caucus, and that is why, this that the risk for someone to develop corrects errors that occur when DNA is week, I am introducing legislation to cancer due to red meat consumption is replicated during cell division. reauthorize the Congenital Heart Fu- dwarfed by the risk caused by cigarette Dr. Sancar is the Sarah Graham tures Act. and alcohol consumption. Kenan Professor of Biochemistry at This legislation focuses on studying, With that in mind, Mr. Speaker, this UNC’s medical School. Only the second educating, and raising awareness of the study should not be used for scare- Turk to win a Nobel Prize, he is the co- continuing impact congenital heart mongering in causing people across the founder of the Aziz and Gwen Sancar disease has throughout the life span. It Nation to believe that red meats or Foundation, a nonprofit organization promotes more research at NIH and en- processed foods are dangerous. that promotes Turkish culture and courages the need to seek and maintain The fact remains that variety is the supports Turkish students in the lifelong, specialized care. key to a healthy, well-balanced diet, United States. Dr. Sancar has mapped This bill helps give hope to the 40,000 and that cancer is not caused by a sin- the mechanism that cells use to repair babies born with congenital heart dis- gle food. UV damage to DNA. ease each year and their families f Congratulations to Dr. Modrich and across the U.S. I urge my colleagues to FIX OUR BROKEN IMMIGRATION Dr. Sancar on their extraordinary support this very important bill. We SYSTEM achievements. We are fortunate they must continue our efforts to help our call North Carolina home. future generations live longer, (Mr. POLIS asked and was given per- f healthier lives. mission to address the House for 1 EX-IM BANK DISCHARGE minute and to revise and extend his re- f marks.) REAUTHORIZATION Mr. POLIS. Mr. Speaker, today I call (Mr. CARTER of Georgia asked and upon the House of Representatives to was given permission to address the COMMUNICATION FROM THE finally fix our broken immigration sys- House for 1 minute.) CLERK OF THE HOUSE tem. Mr. CARTER of Georgia. Mr. Speak- The SPEAKER laid before the House The American people have had er, I rise today in support of reauthor- the following communication from the enough. They have had enough of the izing the Export-Import Bank. Clerk of the House of Representatives:

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.016 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7201 OFFICE OF THE CLERK, Mr. COLLINS of Georgia. Mr. Speak- the time to come to Washington to HOUSE OF REPRESENTATIVES, er, for the purpose of debate only, I meet with me and other elected offi- Washington, DC, October 27, 2015. yield the customary 30 minutes to the cials because she was scared about the Hon. JOHN A. BOEHNER, gentleman from Colorado (Mr. POLIS), impact that the fiduciary rule would The Speaker, House of Representatives, Washington, DC. pending which I yield myself such time have on her ability to do her job. She DEAR MR. SPEAKER: Pursuant to the per- as I may consume. During consider- told me that the administration’s fidu- mission granted in Clause 2(h) of rule II of ation of this resolution, all time yield- ciary rule prevents her from helping the Rules of the U.S. House of Representa- ed is for the purpose of debate only. people. tives, the Clerk received the following mes- GENERAL LEAVE Beth told me that financial advisers sage from the Secretary of the Senate on Oc- Mr. COLLINS of Georgia. Mr. Speak- should always provide advice that is in tober 27, 2015 at 9:39 a.m.: er, I ask unanimous consent that all their client’s best interest, but the rule That the Senate passed without amend- places unnecessary and burdensome re- ment H.R. 313. Members have 5 legislative days to re- vise and extend their remarks and to quirements on both advisers and cli- That the Senate passed with an amend- ents. ment H.R. 639. include extraneous materials on House That is not what we are about as a With best wishes, I am Resolution 491 currently under consid- country, Mr. Speaker. We are the Sincerely, eration. world’s greatest economic engine, the KAREN L. HAAS. The SPEAKER. Is there objection to land of hope and opportunity, because f the request of the gentleman from we believe in the ingenuity and hard Georgia? PERMISSION TO POSTPONE PRO- work of people. Our founders believed CEEDINGS ON MOTION TO RE- There was no objection. Mr. COLLINS of Georgia. Mr. Speak- in people. They were on their team, COMMIT ON H.R. 597, REFORM and they created a governmental struc- er, I am pleased today to bring forward EXPORTS AND EXPAND THE ture that is for the people and by the this rule on behalf of the Rules Com- AMERICAN ECONOMY ACT people. Frankly, Mr. Speaker, that is mittee and the hundreds of thousands what this Republican majority stands Mr. COLLINS of Georgia. Mr. Speak- of young men and women who one day for: the people who get up every day er, I ask unanimous consent that the hope to retire. looking to how they can make it bet- question of adopting a motion to re- The rule provides for consideration of commit on H.R. 597 may be subject to ter. H.R. 1090, the Retail Investor Protec- The Republican majority is for peo- postponement as though under clause 8 tion Act. The Rules Committee met on of rule XX. ple. We believe in their hopes, we be- this measure yesterday evening and lieve in their dreams, and we want The SPEAKER. Is there objection to heard testimony from both the chair- the request of the gentleman from them to succeed. When my son gets a man and ranking member of the Finan- little older and starts thinking about Georgia? cial Services Committee. There was no objection. retirement, I want him to be able to go The rule brought forward by the com- to a professional and get some advice f mittee is a structured rule. There was and seek good information. PROVIDING FOR CONSIDERATION only one amendment submitted to the If H.R. 1090 isn’t signed into law, then OF H.R. 1090, RETAIL INVESTOR Rules Committee on this bill, and the financial advisers like Beth Baldwin PROTECTION ACT House will have the opportunity to de- won’t be able to help him. In fact, they bate and vote on the amendment of- won’t be able to help others who have Mr. COLLINS of Georgia. Mr. Speak- fered by the gentleman from Massachu- er, by direction of the Committee on helped my family, like Wayne Parrish, setts (Mr. LYNCH) later today. Rules, I call up House Resolution 491 who is a dear friend of our family, but and ask for its immediate consider- b 1245 is also someone who advises us in our financial decisions. This is something ation. This legislation went through regular that is threatening not only his liveli- The Clerk read the resolution, as fol- order in the Financial Services Com- hood, but many teachers that work lows: mittee and was also passed by the with my wife. This is about people, Mr. H. RES. 491 House in the 113th Congress by a vote Speaker. Resolved, That upon adoption of this reso- of 254–166 with a number of my friends Across the Nation today, there are 9 lution it shall be in order to consider in the from the other side of the aisle voting million households that rely on small House the bill (H.R. 1090) to amend the Secu- for the legislation. I hope we can put business retirement plans. And there rities Exchange Act of 1934 to provide protec- aside our political differences and vote tions for retail customers, and for other pur- are 3 million small-saver households. in a similar bipartisan fashion here These are the people who need Con- poses. All points of order against consider- today. ation of the bill are waived. An amendment gress now, more than ever, to be on in the nature of a substitute consisting of This rule provides for 1 hour of gen- their team. the text of Rules Committee Print 114-31 eral debate equally divided and con- To them, this debate isn’t over defi- shall be considered as adopted. The bill, as trolled by the chairman and ranking nitions and enhanced coordination and amended, shall be considered as read. All member of the Financial Services Com- studies. It is over their future. It is points of order against provisions in the bill, mittee. over their ability to make informed de- as amended, are waived. The previous ques- Mr. Speaker, I look forward to hear- cisions, to find somebody like Beth or tion shall be considered as ordered on the ing the stories that Members will share Wayne or a number of others all across bill, as amended, and on any further amend- highlighting the desperate need for ment thereto, to final passage without inter- this country who can help them plan vening motion except: (1) one hour of debate H.R. 1090 to become law. for the future. equally divided and controlled by the chair I also have heard firsthand from men Financial advisers should be free to and ranking minority member of the Com- and women in my district who are offer advice to their clients based on mittee on Financial Services; (2) the further scared about their financial future. what is best for them as individuals amendment printed in the report of the Com- Navigating retirement planning can be and small businesses, not based on mittee on Rules accompanying this resolu- a difficult task, especially for young what advice most limits their liability. tion, if offered by Representative Lynch of men and women just entering the Saving for retirement is already dif- Massachusetts or his designee, which shall workforce. They often rely on financial ficult. It requires tough decisions. But be in order without intervention of any point planners to offer advice on the steps of order, shall be considered as read, shall be the one thing that can keep a dev- separately debatable for 10 minutes equally they need to take today so one day astating financial decision from being divided and controlled by the proponent and they can retire. made is advice from a qualified profes- an opponent, and shall not be subject to a de- I had the opportunity to meet with sional. mand for division of the question; and (3) one one of those financial planners in my I in no way believe we should model motion to recommit with or without instruc- office just a few months ago. Beth our policies after other countries. We tions. Baldwin is a financial planner who have talked about that before here. The SPEAKER. The gentleman from works for Edward Jones in my home- However, when we can learn from their Georgia is recognized for 1 hour. town of Gainesville, Georgia. She took mistakes, we should.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.005 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7202 CONGRESSIONAL RECORD — HOUSE October 27, 2015 The United Kingdom implemented a dustry without regard to the needs of the interest of the American people or similar rule in 2013. Two years later we the middle and lower class. not, but I know that we both have a can see the negative effects. The rule Another constituent wrote to me and deep and abiding interest in making has created an advice gap in which said: ‘‘With this rule, it seems the gov- sure that Americans are safe in their 60,000 investors are unable to receive fi- ernment has determined that I am not retirement. I think it is wonderful that nancial advice because their accounts smart enough to make my own in- you are highlighting the importance of are too small. formed investment decisions. I do not retirement security by presiding over Mr. Speaker, I know some stories agree. Saving for retirement is difficult this particular debate yourself, Mr. that have been told on the floor and enough. Why add more obstacles and Speaker. from many Members here. I remember complexity? I urge you to please pre- I rise in opposition to the rule, which when I and my wife were just starting serve the freedoms investors currently is a structured rule for H.R. 1090. out. To tell me what little bit that I enjoy to choose how we invest in our Frankly, it is premature to be consid- had saved was too small is an affront retirement accounts and plan for a bet- ering this bill when we don’t know to the very free enterprise system that ter financial tomorrow.’’ what the final rules will look like out helps people climb to where they want This administration, Mr. Speaker, is of the Department of Labor, rather to go and fulfill their dreams. We already costing families jobs, constitu- than allow the Department of Labor to should never be satisfied with when we tional liberties, affordable quality continue doing its job, which has in- tell people they can’t get advice be- health care, and a strong national de- cluded many stakeholders. cause their pot, so to speak, is too fense. Let’s not also take away from I know firsthand the Secretary of small. them the ability to plan for retire- Labor has not only reached out to me Several of my constituents from ment. and met with me on numerous occa- northeast Georgia recently wrote to I remember when, just a little over 27 sions as well as my colleagues on both me about the administration’s fidu- years ago, my wife and I walked down sides of the aisle and has appeared be- ciary rule. Here is what they said: the aisle and we said, ‘‘I do,’’ for bet- fore one of the committees of jurisdic- ‘‘The rule as proposed is not workable ter, for worse, for richer, for poorer. tion that I serve on, the Committee on and would have numerous unintended And, Mr. Speaker, we have been Education and the Workforce, of which consequences for American workers through all of that. you, Mr. Speaker, are a prior chair as and retirement savers, particularly But, at times, we had people who well, and engaged with the financial those who are middle class. The re- came into our lives, investment advice services community, consumer protec- quirements in the rule would drive the that would help us with her teacher re- tion organizations, and many others in market to fee-based arrangements that tirement, help us with advice that I his very earnest and serious attempt at are used only for wealthier clients and didn’t have the time or really the un- making sure that the many short- are not the best fit for many investors. derstanding to work on. comings of the initial draft rule, which As a result, middle-class savers would If we take that away from folks like you and I might agree on, Mr. Speaker, be forced into low-service, do-it-your- myself and families in my district and are addressed in the final rulemaking. I self accounts, depriving them of mean- families in your district and families think the Secretary deserves that op- ingful, personalized planning advice.’’ all over the country, then what are we portunity. The hardworking men and Let me repeat that: ‘‘depriving them saying to the American people? We are women of the Department of Labor de- of meaningful, personalized planning saying: the government knows better serve that opportunity. advice.’’ than you. And then, if, in fact, the mark is We are here today as the Republican I am a firm believer that this govern- missed, it might be appropriate for this majority, advancing H.R. 1090, because ment was started and will stand both body to consider amending or changing we are for the middle class. Because we for the people and of the people, and any rule to address the fears that both refuse to accept any rule from this ad- that is what this Republican majority of us share on both sides of the aisle ministration that would deprive the is doing today. That is why this rule is with regard to ensuring that people of middle class of the tools they need to important, and that is why this bill is low and moderate income do have ac- make good financial decisions. important. cess to high-quality advice and that One of my constituents also wrote: I reserve the balance of my time. the legitimate educational activities of ‘‘The time to act is now before Ameri- Mr. POLIS. Mr. Speaker, I thank the financial services organizations are al- cans are deprived of consumer choice gentleman for yielding me the 30 min- lowed to continue to provide that type on how to plan for retirement and in- utes, and I yield myself such time as I of advice. vest their savings.’’ may consume. Now, this legislation is somewhat Another said: ‘‘Recently, I became I want to thank you, Mr. Speaker. wrapped in a seemingly arcane matter. aware of a proposed rule that would un- Rather than having a mere Speaker pro It has to do with whether it is under dermine my ability to plan for my re- tempore, as I had the opportunity to do the jurisdiction of the Department of tirement in ways I believe best for as a freshman in the majority, it is al- Labor or the Securities and Exchange me.’’ ways exciting to be presided over by Commission regarding new fiduciary It is the very heart of why we are the actual Speaker of the body, the standards of care. here, Mr. Speaker. It is taking up for second in line to be President of the We had the chair of the Financial those who need someone to say: Gov- United States, and particularly some- Services Committee, Mr. HENSARLING, ernment, it is time to let the free en- body who has dedicated so much of his before us in the Rules Committee yes- terprise, time to let the middle class, life to public service, Mr. Speaker, as terday. He simply said that, under the hardworking folks of our country, you have, and left his mark on this in- Dodd-Frank, the SEC has the ability to have advice and be able to access that. stitution. pass rules regarding fiduciary stand- I cannot understand why some of my I am sure that there will be addi- ards of care. I don’t think anybody dis- friends on the other side of the aisle tional opportunities for showing our putes that the SEC has the legal au- support a rule that would undermine great regard and esteem with which thority to do so. anyone’s ability to plan for their re- this body holds you, Mr. Speaker. But I question here—and I think this was tirement in ways that are best for I think it is somewhat apt that per- well established—that they are un- them. This isn’t a political issue. It is haps, if not the final time you act as likely, because of their ongoing imple- about people and their future. It is as presiding officer of this body, at least mentation work in many other areas, simple as that. the final rule is related to retirement, to get to this any time soon, whereas Financial planning isn’t one size fits which you, Mr. Speaker, will presum- the Department of Labor is nearing the all. It is customized, individualized, ably soon be experiencing, and is an end of a 2-year-long-plus process based on the need of a particular fam- important topic of discussion for this around trying to make sensible rules to ily or small business. ObamaCare is a body. ensure that conflicts of interest within perfect example of what happens when Now, we may have our disagreements retirement advice are offered, con- the administration takes over an in- about whether curtailing this rule is in sumer protections are provided, and

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.021 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7203 the market is allowed to operate in a It is critical that our final rule, as questions for the record to the Depart- more efficient way with regard to of- the Secretary himself has said, does ment of Labor on the subject, and I am fering quality retirement products and not upend an entire business model satisfied and optimistic that these con- appropriate retirement products to that works for good actors and works cerns will be addressed in the final consumers. for many American families. However, rule. After the Department of Labor re- making sure that we have a standard I am just now leading a letter with tracted the flawed first version of this in place that the few bad actors need to several of my colleagues requesting an rule several years ago, they released a abide by and are not able to wreak additional comment period to look at new version of the rule in 2015. They havoc in allowing American families to the changes the Department of Labor have been getting input from a broad plan for their retirement is also essen- is planning to make to the rule. So the spectrum of stakeholders through a tial. answer, I think, Mr. Speaker, is to take long and extended comment period. the time to get these rules right, make b 1300 I have provided feedback. Stake- sure they don’t have unintended con- holders in the retirement community Now, just because there is disagree- sequences, and not prejudge them by have. Members of Congress on both ment on some of the specifics of the invalidating them before they are out sides of the aisle have. We all know rule doesn’t mean that we should use a of the gate. That is what I consider a what some of the fundamental issues bill that wholesale removes this au- constructive way forward. that we are trying to address are, Mr. thority and transfers it entirely to an Mr. Speaker, I have learned from Speaker. SEC entity, which is unlikely to pro- these conversations that we need to Today most Americans are not sav- ceed with rulemaking and can’t even move forward with a productive proc- ing enough for retirement and are not proceed with rulemaking while this ess, and I believe the Labor Secretary securing their retirement. The retire- President is in office under a timeline is committed to doing that. We may ment savings gap is estimated at $14 even if they were to begin expedi- have disagreements about the final trillion, and one in five Americans who tiously. So, effectively, this underlying outcome, but we should see what that are approaching retirement have zero legislation is an effort to thwart the final outcome is before we pass legisla- private retirement savings. ability of this President, this Secretary tion that requires us to pretend that As the ranking member on the of Labor, and even the SEC under this the problem doesn’t exist. Health, Employment, Labor, and Pen- President, from acting in a way to pro- While the specifics of the fiduciary sions Subcommittee of the Education tect the American people from con- rule are important, and DOL needs to make changes and communicate them and the Workforce Committee, I am flicts of interest in retirement products to stakeholders, this legislation is very very interested in working in a bipar- that are not suitable for their needs. counterproductive to those ongoing tisan fashion to address this savings Mr. Speaker, H.R. 1090 would actu- discussions that have occurred over the gap. Helping to make sure that Ameri- ally prevent the Department of Labor last several years. This bill would ef- cans save for retirement is not a par- from issuing any sort of fiduciary rule fectively prevent protections from tisan issue. Whether one is a Democrat until after the Securities and Exchange being implemented after years of work, or a Republican, eventually, you are Commission issued a rule. Now, the De- meetings, and due diligence involving going to need to retire, some of us, Mr. partment of Labor clearly has the au- financial services companies and in- Speaker, before others. thority to write and implement this volving retirement advocacy organiza- This bill did not have to be partisan rule. That is not even being called into tions, not to mention the fact that this either. I think, if we had waited and question; it is simply the timeline of bill will not become law. The President targeted any particular flaws in the which agency goes first. But due to the has already put out a promise to veto final rule, there might have been an realities of the SEC, the Commission is the legislation should it reach his desk. not moving forward a rule any time in ability to build a bipartisan consensus. So, instead, we should be spending our the near future, and that is simple re- I am optimistic that the Secretary of time on more important work for the ality. Labor and the Department of Labor American people. With just over a So what this bill actually does is it will get their rules right. month to take action until a govern- effectively kills the Department of La- Investors need to be able to trust the ment shutdown and with the transpor- bor’s ability under President Obama to person advising them about the money tation bill expiring, we have six con- update the fiduciary standard under they need to live after retirement. On gressional working days to raise a ERISA. Would it make sense for Con- the other hand, we need to protect in- clean debt ceiling. I am hopeful, Mr. gress to mandate that the IRS couldn’t dividuals’ and small businesses’ access Speaker, that you will be able to bear take action to collect taxes until the to advice. witness to that as a Member and leader Treasury acted first? This is a similar Mistakes in investments cost billions of this body in the short future, in the of dollars to individuals and the econ- situation. next couple of days. Just as aston- I believe the Department of Labor omy. Of course, a mistake can occur ishing, we have the highway funding must take into account the high num- with wrongful advice from somebody shutdown. who has a conflict of interest, but mis- ber of outstanding questions and re- So here we are again. I think that we takes can also occur if there is a lack quests for comments that they pro- need to work on bills that have a of access to quality advice. We need to posed in the rule, the incredible vol- chance of becoming law. We shouldn’t be cognizant of both of those potentials ume of feedback the rule has received, prejudge rules that I think the Sec- as we look at improving the ability of including from myself and Members on retary has really worked hard to en- the American people to save for their both sides of the aisle and outside sure involve multiple stakeholders, and retirement. stakeholders. To date, there has been a hopefully, we will be satisfied with the I know that everybody involved with number of letters from both parties re- final rules that address many of the po- this rule and many of the stakeholders questing changes to the proposed rule. tential unintended consequences and who will be impacted actually agree on I signed onto a letter with 96 Demo- concerns that my colleagues on both a lot of the big concepts. They agree crats, and there are over 3,500 public sides of the aisle have raised, including generally that financial advisers comments, hundreds of thousands of myself. should use the best interest or fidu- people signing their names to peti- Mr. Speaker, I reserve the balance of ciary standard because the client’s best tions. The Department of Labor hope- my time. interest should be paramount. fully will listen to this feedback as Mr. COLLINS of Georgia. Mr. Speak- The main disagreement is about how they issue their final draft rule to er, I do appreciate the comments just to make this happen and how to imple- make the effort streamlined while pro- made, but I think there is a general ment the rule in a way that makes tecting investors and workers. disagreement, and we will have a dis- sense. Most advisers today do what is My staff and I have had dozens of agreement in just a few moments about in the best interest of their client. meetings and phone calls to the De- article I and what we are supposed to They are good actors, and they help partment of Labor with Secretary be doing here and taking care of the their clients save for retirement. Perez. I have submitted over two dozen American people.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.022 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7204 CONGRESSIONAL RECORD — HOUSE October 27, 2015 Mr. Speaker, I yield such time as she lions more cannot earn paid sick time that the Department of Labor, whose may consume to the gentlewoman from to care for a sick child or for a family day-to-day job is not to oversee invest- North Carolina (Ms. FOXX). member. ment advisers, whose day-to-day job is Ms. FOXX. Mr. Speaker, I thank my Employers ultimately suffer when not to oversee broker-dealers, and yet colleague from Georgia for yielding. In workers have to make this choice. In- they will decide that they are going to the spirit of bipartisanship, let me as- creased turnover rates amount to write a rule dealing with fiduciary sociate myself with the opening re- greater costs, and employers can jeop- standards for those that are involved in marks and kind words of Mr. POLIS ardize the health of other employees retirement accounts. Well, it just about the Speaker. when their policies force employees to seems to me that is backwards. That is Mr. Speaker, if adopted, the proposed come to work sick. upside down. fiduciary rule would reduce access to With regard to families, I listen to The SEC ought to be acting in this reasonably priced investment options people—as we all do in our commu- area. That is their primary role. If we for lower and middle class families and nities—all of the time. I can talk to are going to let other agencies write small-business owners across the coun- you about Eva, the bus driver who rules that might be in conflict, might try. It will also increase costs for picks up kids in the morning on their create confusion, and might be duplica- Americans trying their best to save for way to school. They are there with tive, then it seems to me we are going retirement. their parents, and she says that I see to give those individuals who are strug- Our country faces difficult retire- parents with tears in their eyes as they gling to make a living and to make ment challenges, and the last thing the are putting their child on the bus, ends meet, we are going to have a dif- Federal Government should do is cre- knowing that their child is sick, but ficult time understanding what their ate new barriers blocking the retire- they can’t afford to stay home with retirement accounts are all about and ment security the American people de- that child because they could lose their who is in charge and what are the rules serve. The fact is we have seen this job. They could get pay docked. They and the standards. scheme before. This proposal contains are making a choice, and that is not So the SEC should act first, and that many of the same flaws as the adminis- how they view themselves as a parent. is all this bill does. It says the SEC tration’s failed 2010 proposal, which Paid sick day policies have been en- should act first in dealing with inves- was ultimately withdrawn because of acted successfully at the State and at tor security to make sure that capital harsh bipartisan opposition. the local levels. Nearly 20 jurisdictions markets are fair and orderly and that The Department of Labor’s rushed across the country have adopted paid the Department of Labor is prohibited and uncoordinated process has again sick days, and there is strong public from finalizing any rule in this regard. resulted in an unworkable proposal, support for universal access to paid So I think it is a commonsense piece and I urge the administration to use sick days. Eighty-eight percent of of legislation. I thank the sponsors for the same logic that it did the first time Americans support paid sick day legis- bringing it, and the committee for and withdraw its damaged proposal. lation. bringing it up, and so I urge adoption Mr. POLIS. Mr. Speaker, many The Healthy Families Act allows of this rule and adoption of the under- American workers don’t have access to working families to meet their health lying legislation as well. paid sick days, which means they can’t and their financial needs while boost- Mr. POLIS. Mr. Speaker, I yield my- miss work without losing a day’s pay ing businesses’ productivity and reten- self such time as I may consume. or risking their job security. If we de- tion rates—strengthening our Nation’s Mr. Speaker, even if my friends on feat the previous question, I will offer economy. It is common sense. It is the other side of the aisle think they an amendment to the rule to bring up business savvy. This is the right thing might not like this final rule, let’s at legislation that would allow workers to to do. least give the Department of Labor, earn paid sick leave. Today there isn’t a parent staying after several years of hard work, the Mr. Speaker, everyone should be able home with their children. Mothers, fa- chance to produce it. If at that point to take care of themselves or their thers, grandmothers, aunts, and uncles, the majority feels that there are parts loved ones when they are sick and not everyone is in the workplace. Let our of the rule that they don’t want or have to worry about losing their jobs public policy reflect the way that fami- don’t like or want to invalidate or are or falling behind on their bills because lies are trying to make it today. We counterproductive, that would be the of illness. need to work to protect public health, appropriate time for this kind of bill to Mr. Speaker, I ask unanimous con- to boost the economy, and to help intervene in those efforts before those sent to insert the text of the amend- hardworking families have access to rules are finalized. ment in the RECORD, along with extra- paid sick days. Mr. Speaker, I have been very satis- neous material, immediately prior to Let’s pass the Healthy Families Act, fied with the work of the Department the vote on the previous question. and I urge my colleagues to oppose the of Labor and the Secretary of Labor to The SPEAKER. Is there objection to previous question. engage Members of this body on both the request of the gentleman from Col- Mr. COLLINS of Georgia. Mr. Speak- sides of the aisle and the financial orado? er, I yield such time as he may con- services community to ensure that There was no objection. sume to the gentleman from Florida many of the acknowledged flaws that Mr. POLIS. To discuss our proposal, I (Mr. CRENSHAW). are in the draft bill are addressed in yield such time as she may consume to Mr. CRENSHAW. Mr. Speaker, I any final rule that is brought forward. the distinguished gentlewoman from thank the gentleman for yielding. This bill is effectively an effort to Connecticut (Ms. DELAURO). Mr. Speaker, I rise in strong support thwart the entire process around ad- Ms. DELAURO. Mr. Speaker, I rise in of this rule and the underlying legisla- dressing a real problem, and that real opposition to the previous question. tion. I am the chairman of the Appro- problem is the conflict of interest and Defeating the previous question will priations Subcommittee on Financial poor quality retirement advice that is allow us to amend the rule to provide Services and General Government. My being given to too many American for consideration of the Healthy Fami- subcommittee is charged with over- families. lies Act. What is the Healthy Families seeing the budget of the Securities and The Secretary is not seeking to Act? It is an act that would allow Exchange Commission. upend a business structure that allows workers to earn up to 7 days of job-pro- That is the agency of the Federal access to quality financial advice for tected sick leave each year. Government that is charged with pro- millions of middle class American fam- Mr. Speaker, being a working parent tecting investors and making sure that ilies, and I believe that any concerns should not mean choosing between the capital markets are fair and or- with regard to that will be addressed in your job and taking care of yourself derly, and that is what they do every the final rulemaking. and your family. But at least 43 million day. In fact, Dodd-Frank gives them With little time left before so many private sector workers—39 percent of more authority in this area than any deadlines and cliffs that this body our workforce—must make this deci- other agency in the Federal Govern- has—transportation funding expiring, sion every time illness strikes. Mil- ment, so I find it a little bit surprising the Federal budget expiring without a

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.023 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7205 potential government shutdown, the executive body’s determination to people demand to replace our broken debt ceiling, and so many others—why make the law, so to speak. It is our immigration system with one that are we discussing a bill that is not body. So if we choose to intervene here, works and protects our country. going to become law? Again, you are then it is our prerogative to do so, tak- So, again, I don’t doubt the ability of seeking to overturn a ruling before it is ing care of what we are doing. this body to keep passing bills that made. The President himself would I think also to simply say—and I love don’t go anywhere. Perhaps, it makes veto this bill. There will not be two- this argument—that if the President is some of my Republican colleagues feel thirds of this body to overturn this not going to sign and we don’t have good. They go home, and they say: Gee, veto. enough to override, then fine, let’s we passed this out of the House. We When we are discussing taking ac- make that argument to the American passed that out of the House. The prob- tions that affect actions that the Presi- people. And if the administration lem is the Senate. The problem is the dent is taking, keep in mind that under chooses to do this and chooses not to, President. our constitutional republic, if we were then let them tell the American people But that is just an excuse for blame to override the President, it would and the teachers in my district and the and more and more problems. I think take both Democrats and Republicans, law enforcement officers in my district what the American people want is not and Democrats in large numbers. Now, and people who need this advice and this finger pointing. They don’t want I understand there may be a few hand- looking at the history and say: We the Senate to say: We solved immigra- ful of my Democratic colleagues sup- don’t care about you, let our bureauc- tion; it was the House’s fault. They porting this final bill, not very many, racy work, let bureaucracy ring in- don’t want the House to say: We certainly not enough to bring it close stead of freedom ring. defunded ObamaCare; it is the Senate to the two-thirds threshold. So, again, If that is what the President and the and President’s fault they didn’t do it. that would qualify as a waste of time administration wants to do, then so be They want us to work together, work for this body, and a premature waste of it. I will stand on the side of the Amer- together to implement the Affordable time at that. ican people. I will stand on the side of Care Act and address some of the prob- Let’s give the Department of Labor the middle class. I will stand on them lems in it, work together to replace our the ability and the benefit of the doubt being able to take what they have and broken immigration system with one to bring forward these rules, and then get advice so they can make it better. that works, one to work together to perhaps if they overstep and have a lot If that is the argument they want to be cut our budget deficit, one to work to- of flaws, then, Mr. Speaker, the Repub- had, let’s have it. gether to fund an infrastructure and licans might have more Democrats Mr. Speaker, with that, I reserve the transportation bill, and—this is an ex- willing to join them in counteracting balance of my time. ample—if there are deficiencies in the these rules. But at this point, it is en- Mr. POLIS. Mr. Speaker, I yield my- final rule, work together to make sure tirely premature to interdict the entire self such time as I may consume. that those deficiencies are addressed so rulemaking process to protect Amer- I think that the remarks by my col- that our common goal the Democrats ican retirement without even knowing league on the Rules Committee are and Republicans share of making sure what those rules are that we are seek- part of the problem here. The way that that Americans have quality, noncon- ing to circumvent. laws are passed require the House and flicted advice in their retirement sav- Mr. Speaker, I reserve the balance of the Senate to pass a bill in the same ings is able to occur across the coun- my time. form and the President to sign that try. bill, or if the President vetoes that bill, I call on Speaker BOEHNER and, of 1315 b two-thirds of the body to overrule it. course, whoever succeeds him as Mr. COLLINS of Georgia. Mr. Speak- And, of course, no one doubts that if Speaker, as well as the rest of the er, I yield myself such time as I may this body of the House wants, they can House leadership, to present truly bi- consume. continue to pass bills that the Senate partisan efforts to move forward on the I think it is a fundamental dif- won’t bring up, as they have dozens, I various issues that we face and not ference, again, in the way we choose to would have to get a count, perhaps, yield to the easy temptation to pass look at how we do our business up here. hundreds of times, or bills that the single-Chamber bills in the House that There is a constitutional flow to this. Senate will pass but the President will aren’t even brought up by the Senate It is called Article I. It is our responsi- veto, and the President vetoed, I be- and, if they were, it would be vetoed by bility as elected Representatives, both lieve, his fifth bill with the defense re- the President. That is not how laws are from Georgia, from Colorado, from all authorization last week. made. That is how rhetoric is made. over this country, it is our responsi- Certainly, if the majority chooses, if The American people want their prob- bility to look at this. the Republicans choose, this body can lems addressed by this body, not just I think one of the things that frus- continue to do that, or this body can more hot wind and rhetoric that this trates me, and I know it frustrates work together with the Senate and the bill is an example of. many of my constituents back home, is President to pass laws that address I reserve the balance of my time. that it seems like every time—as my issues that the American people have Mr. COLLINS of Georgia. Mr. Speak- friend has said—that we are pre- brought to us to solve, and that takes er, I yield myself such time as I may empting or putting down all this hard compromise. That doesn’t mean this consume. work done by the agencies, well, every- body should say, ‘‘It is our way or the I appreciate that because there are thing that is pointed to so far, it is not highway,’’ and the Senate says, ‘‘Sorry, many people in America right now who our job as Congress to worry about the it is the highway,’’ and the President remember just a few years ago when work product of an agency. Our job is says, ‘‘Sorry, it is the highway.’’ It there was plenty of hot rhetoric com- to take care of the American people means, roll up your sleeves and work ing from this Chamber, and it is really and make sure that their interests are together. punishing the American people now. It best concerned. My first interest is the If we are going to solve a problem is called ObamaCare. It is called Dodd- folks of the Ninth District of Georgia. like immigration in this country, our Frank. I guess the warm winds are still My first interest is not, did the office broken immigration system, and re- blowing. or agency of an administration of any, place our broken immigration system It is amazing to me that when you Republican or Democrat, did they work with one that works, that restores bor- look at this—and I can go back in his- real hard on it? I appreciate their der security, the rule of law, benefits tory—and I think the one thing that we work. our economy, and unites families, it maybe can come to an agreement on is But the problem we are coming back will take all sides working together. when you govern and when you are in to here is we are facing a real issue. We Guess what? Last session, the Senate the majority, you pass bills that reflect are simply saying the SEC needs to go passed a bill. It was this House that your majority values. You do not re- first. We are simply saying let’s put didn’t spend even a minute of time on flect, in this case, an administration these priorities in line, and let’s simply the floor debating that bill or bringing that happens to have different values. say that we look at this. It is not the forward something that the American We are continuing to work for the

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.024 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7206 CONGRESSIONAL RECORD — HOUSE October 27, 2015 American people, just as my friend are losing track about how many times and I yield back the balance of my when he was in the majority—as he this body is on the RECORD opposing time. said, he sat in the chair as a fresh- ObamaCare, but that is not how laws Mr. COLLINS of Georgia. Mr. Speak- man—they would have passed bills are made. That is part of the process. er, I yield myself such time as I may that, oh, by the way, probably wouldn’t One would say once should suffice for it consume. have made it through that Republican to pass this body. I want to just finalize some time here administration. Some got vetoed. And The bill also would need to pass the and just really look at this because if it did get vetoed, you would come Senate. And as the President has indi- what is really interesting in the last back and work the process of an over- cated, it is unlikely that something few minutes is many times in this—and ride, and that can happen. called by many people ObamaCare I appreciate my colleague from Colo- The problem here is I believe—and would be repealed by a President rado—this is, frankly, why I believe this is just fundamental—I believe that named Barack Obama. He, of course, most of us came into public service, is we can work on different ideas. There would veto any legislation that ended to have honest debate, go back and are things that the gentleman from the , his signature forth. But I will have to say as I close Colorado and I can agree on or disagree health care policy that he passed in his here, I do want to make it back to on. I think it goes back just basically first term in office. what this bill does and what this rule to the problem that many of us are So, again, it looks at what we do is that you are going to be voting on. It frustrated with, is that there are three with this body. When one wonders why just says: Let the SEC go first. branches of government that the Con- the approval ratings of the House of Now, I know that is hard to under- gress, the House and the Senate, Representatives are as low and con- stand. And if you are watching this, whether we agree on everything or not, tinuing to plummet as they are, I you might have a hard time under- is not the point. The point is, are we think it is because rather than address standing because my friend just said making the voices heard from our dis- the concerns of the American people that we won’t wait on a rule and then tricts and doing so in a meaningful around making health care work and that we are repealing a rule. So I am way? more affordable and passing construc- not sure how you can repeal a rule that If that means that Republicans feel tive laws through the system that ad- you have not waited on, and if the rule one way and Democrats feel another dress some of the shortcomings in is not there, you are repealing. No, we way, that so be it. But I, as long as I ObamaCare, whether it is addressing are simply saying: Let the SEC go am part of the majority, we are going some of the shortcomings in Dodd- first. So you can’t repeal something to put our values forward, and we are Frank, rather than taking that path, that your own statement said you are going to say: This is what we believe this body instead is passing single- waiting on. in. We would like for you to come on. Chamber bills, like we are here today, And, also, by the way, a Dear Col- And we will find areas where we can with regard to undermining a rule that league letter that says that we know agree. we haven’t even seen yet because some from many, many of my Democrat But I will never stand by just because people think it might be counter- friends across the aisle are sending the administration, as they did just productive or bad. If it is, let’s have around saying: DOL, we have got a lot this past week with the NDAA, put pol- that discussion. of concerns about this; we want to itics over our troops. As someone who But, again, as a Member of this body, make sure you do it right. I think this served in Iraq, it is time to quit play- I have been happy so far with the ef- is a good way to do it, and it is called ing politics with our troops. forts of the Secretary of Labor to en- being part of a bipartisan solution here If we want to get specific about what gage with the stakeholder groups and on the floor, and let’s put it back right we are playing politics with here, then Members of this body to get this rule and let it go that way instead of send- we can understand that. That is a dis- right. I honestly believe that the only ing a letter to DOL and letting them grace. And what we have got to under- reason this legislation was brought to make sure they get it right because stand is—we are going to put stuff the floor is it is hard for the Repub- they acknowledge that there are real here—we are simply saying: Here is a lican caucus to agree on much else. It concerns about the workability of this fix that we believe; let the SEC work is hard for them to agree on something rule in progress, and this is right now first. that might be a governing effort to being circulated. That is our policy statement. If they pass. So, instead, we are dealing with I think I just want to say I support don’t agree, fine. But when it is fight- single-Chamber bills. On weeks that we this bill, H.R. 1090, because I believe ing for the people of the Ninth District could be dealing with funding transpor- that men and women should have the of Georgia and also people for America tation or infrastructure or cutting our ability to choose their type of financial and middle class and lower income deficit or going after government waste professional who best meets their in- folks who are just trying to make their and fraud, we are instead repealing vestment needs. This isn’t about pro- retirement and get good advice, I will ObamaCare again and again and again tecting investors. It is about the ad- never back up or apologize for taking or repealing a rule that we haven’t ministration once again telling fami- the time to fight for the American peo- even seen because people think they lies that they know what is best for ple. If that is a waste of time, I will be might not like it if they do. them. They have told families that up here every day taking that time for Look, we have a choice in this body. they know better when it comes to the American people. The Republicans in the majority can health care. They have told families I reserve the balance of my time. either sit back and bring partisan leg- they know better when it comes to Mr. POLIS. Mr. Speaker, I yield my- islation to the floor each week and education. They have told families self the balance of my time. watch costs of the American people go they know better when it comes how This is a very interesting discussion up and watch problems go unsolved, or and where to spend their money, and with my colleague from Georgia. When we can come to the table and start a the results have been devastating. you look at the work product of this serious discussion with the House and H.R. 1090 isn’t going to undo all the body in the House of Representatives, the Senate, with the President, with devastating impacts of this one-size- this body has voted to repeal Members of this body on both sides of fits-all regulatory approach, but it will ObamaCare, the Affordable Care Act, the aisle, about important things that prevent from taking away the ability over 54 times. So it is clear to the actually move our country forward, of families to plan their financial fu- American people—my colleague from grow our economy, promote our na- ture. This bill passed with bipartisan Georgia can tell his constituents—we tional security, reduce our deficit, in- support last Congress, and on behalf of voted to repeal ObamaCare. We did. I cluding the basics of keeping our gov- my constituents, I deeply hope it does didn’t vote for that, but the majority ernment open and paying our bills on so again. of this body did that—not once, not time. Again, it is about who you fight for. twice, not three times, not four times, Mr. Speaker, I urge my colleagues to It is a consistency. I will consistently not five times. I can count all the way vote ‘‘no’’ and defeat the previous ques- stand here and say what is best for up to over 54 times. In fact, many of us tion. I urge a ‘‘no’’ vote on the rule, those hard-working, middle class,

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.025 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7207 lower income class, and anybody else in order to offer an amendment. On March will postpone further proceedings who earns as much as they want to to 15, 1909, a member of the majority party of- today on the motion to suspend the have the access to get the financial fered a rule resolution. The House defeated rules on which a recorded vote or the planning they need in the way that is the previous question and a member of the yeas and nays are ordered, or on which opposition rose to a parliamentary inquiry, best for them without the interference asking who was entitled to recognition. the vote incurs objection under clause of a bureaucratic organization that has Speaker Joseph G. Cannon (R–Illinois) said: 6 of rule XX. taken so long and already shows re- ‘‘The previous question having been refused, Any record vote on the postponed sults from other places that are dev- the gentleman from New York, Mr. Fitz- question will be taken later. astating. We are not going to do that. gerald, who had asked the gentleman to f We are going to put this forward and yield to him for an amendment, is entitled to SURFACE TRANSPORTATION let’s see who we are really standing the first recognition.’’ EXTENSION ACT OF 2015 with and who we are really standing The Republican majority may say ‘‘the vote on the previous question is simply a for. Mr. SHUSTER. Mr. Speaker, I move vote on whether to proceed to an immediate to suspend the rules and pass the bill The material previously referred to vote on adopting the resolution . . . [and] by Mr. POLIS is as follows: has no substantive legislative or policy im- (H.R. 3819) to provide an extension of AN AMENDMENT TO H. RES. 491 OFFERED BY plications whatsoever.’’ But that is not what Federal-aid highway, highway safety, MR. POLIS OF COLORADO they have always said. Listen to the Repub- motor carrier safety, transit, and other At the end of the resolution, add the fol- lican Leadership Manual on the Legislative programs funded out of the Highway lowing new sections: Process in the United States House of Rep- Trust Fund, and for other purposes. SEC. 2. Immediately upon adoption of this resentatives, (6th edition, page 135). Here’s The Clerk read the title of the bill. resolution the Speaker shall, pursuant to how the Republicans describe the previous The text of the bill is as follows: clause 2(b) of rule XVIII, declare the House question vote in their own manual: ‘‘Al- H.R. 3819 though it is generally not possible to amend resolved into the Committee of the Whole Be it enacted by the Senate and House of Rep- the rule because the majority Member con- House on the state of the Union for consider- resentatives of the United States of America in trolling the time will not yield for the pur- ation of the bill (H.R. 932) to allow Ameri- Congress assembled, cans to earn paid sick time so that they can pose of offering an amendment, the same re- sult may be achieved by voting down the pre- SECTION 1. SHORT TITLE; RECONCILIATION OF address their own health needs and the FUNDS; TABLE OF CONTENTS. vious question on the rule.... When the health needs of their families. The first read- (a) SHORT TITLE.—This Act may be cited as motion for the previous question is defeated, ing of the bill shall be dispensed with. All the ‘‘Surface Transportation Extension Act control of the time passes to the Member points of order against consideration of the of 2015’’. who led the opposition to ordering the pre- bill are waived. General debate shall be con- (b) RECONCILIATION OF FUNDS.—The Sec- fined to the bill and shall not exceed one vious question. That Member, because he retary of Transportation shall reduce the hour equally divided among and controlled then controls the time, may offer an amend- amount apportioned or allocated for a pro- by the chair and ranking minority member ment to the rule, or yield for the purpose of gram, project, or activity under this Act in of the Committee on Education and the amendment.’’ fiscal year 2016 by amounts apportioned or Workforce, the chair and ranking minority In Deschler’s Procedure in the U.S. House allocated pursuant to the Surface Transpor- member of the Committee on House Admin- of Representatives, the subchapter titled tation and Health Care Choice Im- istration, and the chair and ranking minor- ‘‘Amending Special Rules’’ states: ‘‘a refusal provement Act of 2015, including the amend- ity member of the Committee on Oversight to order the previous question on such a rule ments made by that Act, for the period be- and Government Reform. After general de- [a special rule reported from the Committee ginning on October 1, 2015, and ending on Oc- bate the bill shall be considered for amend- on Rules] opens the resolution to amend- tober 29, 2015. ment under the five-minute rule. All points ment and further debate.’’ (Chapter 21, sec- (c) TABLE OF CONTENTS.—The table of con- of order against provisions in the bill are tion 21.2) Section 21.3 continues: ‘‘Upon re- tents for this Act is as follows: waived. At the conclusion of consideration of jection of the motion for the previous ques- Sec. 1. Short title; reconciliation of funds; the bill for amendment the Committee shall tion on a resolution reported from the Com- table of contents. mittee on Rules, control shifts to the Mem- rise and report the bill to the House with TITLE I—SURFACE TRANSPORTATION ber leading the opposition to the previous such amendments as may have been adopted. PROGRAM EXTENSION The previous question shall be considered as question, who may offer a proper amendment Subtitle A—Federal-Aid Highways ordered on the bill and amendments thereto or motion and who controls the time for de- to final passage without intervening motion bate thereon.’’ Sec. 1001. Extension of Federal-aid highway except one motion to recommit with or with- Clearly, the vote on the previous question programs. Sec. 1002. Administrative expenses. out instructions. If the Committee of the on a rule does have substantive policy impli- Whole rises and reports that it has come to cations. It is one of the only available tools Subtitle B—Extension of Highway Safety no resolution on the bill, then on the next for those who oppose the Republican major- Programs legislative day the House shall, immediately ity’s agenda and allows those with alter- Sec. 1101. Extension of National Highway after the third daily order of business under native views the opportunity to offer an al- Traffic Safety Administration clause 1 of rule XIV, resolve into the Com- ternative plan. highway safety programs. mittee of the Whole for further consideration Mr. COLLINS of Georgia. Mr. Speak- Sec. 1102. Extension of Federal Motor Car- of the bill. er, I yield back the balance of my time, rier Safety Administration pro- grams. SEC. 3. Clause 1(c) of rule XIX shall not and I move the previous question on apply to the consideration of H.R. 932. Sec. 1103. Dingell-Johnson Sport Fish Res- the resolution. toration Act. THE VOTE ON THE PREVIOUS QUESTION: WHAT b 1330 Subtitle C—Public Transportation Programs IT REALLY MEANS Sec. 1201. Formula grants for rural areas. This vote, the vote on whether to order the The SPEAKER pro tempore (Mr. Sec. 1202. Apportionment of appropriations previous question on a special rule, is not CARTER of Georgia). The question is on for formula grants. merely a procedural vote. A vote against or- ordering the previous question. Sec. 1203. Authorizations for public trans- dering the previous question is a vote The question was taken; and the portation. against the Republican majority agenda and Speaker pro tempore announced that Sec. 1204. Bus and bus facilities formula a vote to allow the Democratic minority to the ayes appeared to have it. grants. offer an alternative plan. It is a vote about Mr. POLIS. Mr. Speaker, on that I Subtitle D—Hazardous Materials what the House should be debating. demand the yeas and nays. Sec. 1301. Authorization of appropriations. Mr. Clarence Cannon’s Precedents of the The yeas and nays were ordered. Sec. 1302. Ensuring safe implementation of House of Representatives (VI, 308–311), de- positive train control systems. The SPEAKER pro tempore. Pursu- scribes the vote on the previous question on TITLE II—REVENUE PROVISIONS the rule as ‘‘a motion to direct or control the ant to clause 8 of rule XX, further pro- Sec. 2001. Extension of Highway Trust Fund consideration of the subject before the House ceedings on this question will be post- expenditure authority. being made by the Member in charge.’’ To poned. defeat the previous question is to give the TITLE I—SURFACE TRANSPORTATION opposition a chance to decide the subject be- f PROGRAM EXTENSION fore the House. Cannon cites the Speaker’s ANNOUNCEMENT BY THE SPEAKER Subtitle A—Federal-Aid Highways ruling of January 13, 1920, to the effect that PRO TEMPORE SEC. 1001. EXTENSION OF FEDERAL-AID HIGH- ‘‘the refusal of the House to sustain the de- WAY PROGRAMS. mand for the previous question passes the The SPEAKER pro tempore. Pursu- (a) IN GENERAL.—Section 1001(a) of the control of the resolution to the opposition’’ ant to clause 8 of rule XX, the Chair Highway and Transportation Funding Act of

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.027 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7208 CONGRESSIONAL RECORD — HOUSE October 27, 2015 2014 (128 Stat. 1840) is amended by striking beginning on October 1, 2015, and ending on ‘‘(K) $36,090,164 for the period beginning on ‘‘October 29, 2015’’ and inserting ‘‘November November 20, 2015, subject to the limitations October 1, 2015, and ending on November 20, 20, 2015’’. on administrative expenses for the Federal 2015.’’. (b) AUTHORIZATION OF APPROPRIATIONS.— Highway Administration and Appalachian (c) GRANT PROGRAMS.— (1) HIGHWAY TRUST FUND.—Section Regional Commission’’. (1) COMMERCIAL DRIVER’S LICENSE PROGRAM 1001(b)(1)(B) of the Highway and Transpor- Subtitle B—Extension of Highway Safety IMPROVEMENT GRANTS.—Section 4101(c)(1) of tation Funding Act of 2014 (128 Stat. 1840) is Programs SAFETEA–LU (119 Stat. 1715) is amended by amended by striking ‘‘for the period begin- striking ‘‘and $2,377,049 for the period begin- SEC. 1101. EXTENSION OF NATIONAL HIGHWAY ning on October 1, 2015, and ending on Octo- TRAFFIC SAFETY ADMINISTRATION ning on October 1, 2015, and ending on Octo- 29 ber 29, 2015, ⁄366 of the total amount’’ and in- HIGHWAY SAFETY PROGRAMS. ber 29, 2015’’ and inserting ‘‘and $4,180,328 for serting ‘‘for the period beginning on October (a) EXTENSION OF PROGRAMS.— the period beginning on October 1, 2015, and 51 1, 2015, and ending on November 20, 2015, ⁄366 (1) HIGHWAY SAFETY PROGRAMS.—Section ending on November 20, 2015’’. of the total amount’’. 31101(a)(1)(D) of MAP–21 (126 Stat. 733) is (2) BORDER ENFORCEMENT GRANTS.—Section (2) GENERAL FUND.—Section 1123(h)(1) of amended to read as follows: 4101(c)(2) of SAFETEA–LU (119 Stat. 1715) is MAP–21 (23 U.S.C. 202 note) is amended by ‘‘(D) $32,745,902 for the period beginning on amended by striking ‘‘and $2,535,519 for the striking ‘‘and $2,377,049 out of the general October 1, 2015, and ending on November 20, period beginning on October 1, 2015, and end- fund of the Treasury to carry out the pro- 2015.’’. ing on October 29, 2015’’ and inserting ‘‘and gram for the period beginning on October 1, (2) HIGHWAY SAFETY RESEARCH AND DEVEL- $4,459,016 for the period beginning on October 2015, and ending on October 29, 2015’’ and in- OPMENT.—Section 31101(a)(2)(D) of MAP–21 1, 2015, and ending on November 20, 2015’’. serting ‘‘and $4,180,328 out of the general (126 Stat. 733) is amended to read as follows: (3) PERFORMANCE AND REGISTRATION INFOR- fund of the Treasury to carry out the pro- ‘‘(D) $15,815,574 for the period beginning on MATION SYSTEM MANAGEMENT GRANT PRO- gram for the period beginning on October 1, October 1, 2015, and ending on November 20, GRAM.—Section 4101(c)(3) of SAFETEA–LU 2015, and ending on November 20, 2015’’. 2015.’’. (119 Stat. 1715) is amended by striking ‘‘and (c) USE OF FUNDS.— (3) NATIONAL PRIORITY SAFETY PROGRAMS.— $396,175 for the period beginning on October (1) IN GENERAL.—Section 1001(c)(1)(B) of the Section 31101(a)(3)(D) of MAP–21 (126 Stat. 1, 2015, and ending on October 29, 2015’’ and Highway and Transportation Funding Act of 733) is amended to read as follows: inserting ‘‘and $696,721 for the period begin- 2014 (128 Stat. 1840) is amended— ‘‘(D) $37,901,639 for the period beginning on ning on October 1, 2015, and ending on No- (A) by striking ‘‘October 29, 2015,’’ and in- October 1, 2015, and ending on November 20, vember 20, 2015’’. serting ‘‘November 20, 2015,’’; and 2015.’’. (4) COMMERCIAL VEHICLE INFORMATION SYS- 29 (B) by striking ‘‘ ⁄366’’ and inserting (4) NATIONAL DRIVER REGISTER.—Section TEMS AND NETWORKS DEPLOYMENT PROGRAM.— ‘‘51⁄366’’. 31101(a)(4)(D) of MAP–21 (126 Stat. 733) is Section 4101(c)(4) of SAFETEA–LU (119 Stat. (2) OBLIGATION CEILING.—Section 1102 of amended to read as follows: 1715) is amended by striking ‘‘and $1,980,874 MAP–21 (23 U.S.C. 104 note) is amended— ‘‘(D) $696,721 for the period beginning on for the period beginning on October 1, 2015, (A) by striking subsection (a)(4) and insert- October 1, 2015, and ending on November 20, and ending on October 29, 2015’’ and inserting ing the following: 2015.’’. ‘‘and $3,483,607 for the period beginning on ‘‘(4) $5,595,839,851 for the period beginning (5) HIGH VISIBILITY ENFORCEMENT PRO- October 1, 2015, and ending on November 20, on October 1, 2015, and ending on November GRAM.— 2015’’. 20, 2015.’’; (A) AUTHORIZATION OF APPROPRIATIONS.— (5) SAFETY DATA IMPROVEMENT GRANTS.— (B) in subsection (b)(12) by striking ‘‘, and Section 31101(a)(5)(D) of MAP–21 (126 Stat. Section 4101(c)(5) of SAFETEA–LU (119 Stat. for the period beginning on October 1, 2015, 733) is amended to read as follows: 1715) is amended by striking ‘‘and $237,705 for and ending on October 29, 2015, only in an ‘‘(D) $4,040,984 for the period beginning on the period beginning on October 1, 2015, and amount equal to $639,000,000, less any reduc- October 1, 2015, and ending on November 20, ending on October 29, 2015’’ and inserting tions that would have otherwise been re- 2015.’’. ‘‘and $418,033 for the period beginning on Oc- quired for that year by section 251A of the (B) LAW ENFORCEMENT CAMPAIGNS.—Section tober 1, 2015, and ending on November 20, Balanced Budget and Emergency Deficit 2009(a) of SAFETEA–LU (23 U.S.C. 402 note) 2015’’. Control Act of 1985 (2 U.S.C. 901a), then mul- is amended— (d) HIGH-PRIORITY ACTIVITIES.—Section tiplied by 29⁄366 for that period’’ and inserting (i) in the first sentence by striking ‘‘Octo- 31104(k)(2) of title 49, United States Code, is ‘‘, and for the period beginning on October 1, ber 29, 2015’’ and inserting ‘‘November 20, amended by striking ‘‘and up to $1,188,525 for 2015, and ending on November 20, 2015, only 2015’’; and the period beginning on October 1, 2015, and in an amount equal to $639,000,000, less any (ii) in the second sentence by striking ‘‘Oc- ending on October 29, 2015,’’ and inserting reductions that would have otherwise been tober 29, 2015,’’ and inserting ‘‘November 20, ‘‘and up to $2,090,164 for the period beginning required for that year by section 251A of the 2015,’’. on October 1, 2015, and ending on November Balanced Budget and Emergency Deficit (6) ADMINISTRATIVE EXPENSES.—Section 20, 2015,’’. Control Act of 1985 (2 U.S.C. 901a), then mul- 31101(a)(6)(D) of MAP–21 (126 Stat. 733) is (e) NEW ENTRANT AUDITS.—Section tiplied by 51⁄366 for that period’’; amended to read as follows: 31144(g)(5)(B) of title 49, United States Code, (C) in subsection (c)— ‘‘(D) $3,553,279 for the period beginning on is amended by striking ‘‘and up to $2,535,519 (i) in the matter preceding paragraph (1) by October 1, 2015, and ending on November 20, for the period beginning on October 1, 2015, striking ‘‘October 29, 2015’’ and inserting 2015.’’. and ending on October 29, 2015,’’ and insert- ‘‘November 20, 2015’’; and (b) COOPERATIVE RESEARCH AND EVALUA- ing ‘‘and up to $4,459,016 for the period begin- (ii) in paragraph (2) in the matter pre- TION.—Section 403(f)(1) of title 23, United ning on October 1, 2015, and ending on No- ceding subparagraph (A) by striking ‘‘for the States Code, is amended by striking ‘‘and vember 20, 2015,’’. period beginning on October 1, 2015, and end- $198,087 of the total amount available for ap- (f) OUTREACH AND EDUCATION.—Section ing on October 29, 2015, that is equal to 29⁄366 portionment to the States for highway safe- 4127(e) of SAFETEA–LU (119 Stat. 1741) is of such unobligated balance’’ and inserting ty programs under section 402(c) in the pe- amended by striking ‘‘and $316,940 to the ‘‘for the period beginning on October 1, 2015, riod beginning on October 1, 2015, and ending Federal Motor Carrier Safety Administra- and ending on November 20, 2015, that is on October 29, 2015,’’ and inserting ‘‘and tion for the period beginning on October 1, equal to 51⁄366 of such unobligated balance’’; $348,361 of the total amount available for ap- 2015, and ending on October 29, 2015,’’ and in- and portionment to the States for highway safe- serting ‘‘and $557,377 to the Federal Motor (D) in subsection (f)(1) in the matter pre- ty programs under section 402(c) in the pe- Carrier Safety Administration for the period ceding subparagraph (A) by striking ‘‘Octo- riod beginning on October 1, 2015, and ending beginning on October 1, 2015, and ending on ber 29, 2015’’ and inserting ‘‘November 20, on November 20, 2015,’’. November 20, 2015,’’. 2015’’. (c) APPLICABILITY OF TITLE 23.—Section (g) GRANT PROGRAM FOR COMMERCIAL SEC. 1002. ADMINISTRATIVE EXPENSES. 31101(c) of MAP–21 (126 Stat. 733) is amended MOTOR VEHICLE OPERATORS.—Section 4134(c) Section 1002 of the Highway and Transpor- by striking ‘‘October 29, 2015,’’ and inserting of SAFETEA–LU (49 U.S.C. 31301 note) is tation Funding Act of 2014 (128 Stat. 1842) is ‘‘November 20, 2015,’’. amended by striking ‘‘and $79,235 for the pe- amended— SEC. 1102. EXTENSION OF FEDERAL MOTOR CAR- riod beginning on October 1, 2015, and ending (1) by striking subsection (a)(2) and insert- RIER SAFETY ADMINISTRATION PRO- on October 29, 2015,’’ and inserting ‘‘and ing the following: GRAMS. $139,344 for the period beginning on October ‘‘(2) $61,311,475 for the period beginning on (a) MOTOR CARRIER SAFETY GRANTS.—Sec- 1, 2015, and ending on November 20, 2015,’’. October 1, 2015, and ending on November 20, tion 31104(a)(11) of title 49, United States SEC. 1103. DINGELL-JOHNSON SPORT FISH RES- 2015.’’; and Code, is amended to read as follows: TORATION ACT. (2) in subsection (b)(2) by striking ‘‘and for ‘‘(11) $30,377,049 for the period beginning on Section 4 of the Dingell-Johnson Sport the period beginning on October 1, 2015, and October 1, 2015, and ending on November 20, Fish Restoration Act (16 U.S.C. 777c) is ending on October 29, 2015, subject to the 2015.’’. amended— limitations on administrative expenses (b) ADMINISTRATIVE EXPENSES.—Section (1) in subsection (a) in the matter pre- under the heading ‘Federal Highway Admin- 31104(i)(1)(K) of title 49, United States Code, ceding paragraph (1) by striking ‘‘October 29, istration’ ’’ and inserting ‘‘and for the period is amended to read as follows: 2015’’ and inserting ‘‘November 20, 2015’’; and

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.006 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7209 (2) in subsection (b)(1)(A) by striking ‘‘Oc- (G) in subparagraph (G) by striking ‘‘and SEC. 1204. BUS AND BUS FACILITIES FORMULA tober 29, 2015,’’ and inserting ‘‘November 20, $396,175 for the period beginning on October GRANTS. 2015,’’. 1, 2015, and ending on October 29, 2015,’’ and Section 5339(d)(1) of title 49, United States Subtitle C—Public Transportation Programs inserting ‘‘and $696,721 for the period begin- Code, is amended— ning on October 1, 2015, and ending on No- (1) by striking ‘‘and $5,189,891 for the period SEC. 1201. FORMULA GRANTS FOR RURAL AREAS. Section 5311(c)(1) of title 49, United States vember 20, 2015,’’; beginning on October 1, 2015, and ending on Code, is amended— (H) in subparagraph (H) by striking ‘‘and October 29, 2015,’’ and inserting ‘‘and (1) in subparagraph (A) by striking ‘‘and $305,055 for the period beginning on October $9,127,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,’’ and $396,175 for the period beginning on October 1, 2015, and ending on November 20, 2015,’’; inserting ‘‘and $536,475 for the period begin- 1, 2015, and ending on October 29, 2015,’’ and (2) by striking ‘‘$99,044 for such period’’ and ning on October 1, 2015, and ending on No- inserting ‘‘and $696,721 for the period begin- inserting ‘‘$174,180 for such period’’; and vember 20, 2015,’’; ning on October 1, 2015, and ending on No- (3) by striking ‘‘$39,617 for such period’’ and (I) in subparagraph (I) by striking ‘‘and vember 20, 2015,’’; and inserting ‘‘$69,672 for such period’’. $171,615,027 for the period beginning on Octo- (2) in subparagraph (B) by striking ‘‘and Subtitle D—Hazardous Materials ber 1, 2015, and ending on October 29, 2015,’’ $1,980,874 for the period beginning on October and inserting ‘‘and $301,805,738 for the period SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 1, 2015, and ending on October 29, 2015,’’ and beginning on October 1, 2015, and ending on (a) IN GENERAL.—Section 5128(a)(4) of title inserting ‘‘and $3,483,607 for the period begin- November 20, 2015,’’; 49, United States Code, is amended to read as ning on October 1, 2015, and ending on No- (J) in subparagraph (J) by striking ‘‘and follows: vember 20, 2015,’’. $33,896,721 for the period beginning on Octo- ‘‘(4) $5,958,639 for the period beginning on SEC. 1202. APPORTIONMENT OF APPROPRIA- ber 1, 2015, and ending on October 29, 2015,’’ October 1, 2015, and ending on November 20, TIONS FOR FORMULA GRANTS. and inserting ‘‘and $59,611,475 for the period 2015.’’. Section 5336(h)(1) of title 49, United States beginning on October 1, 2015, and ending on (b) HAZARDOUS MATERIALS EMERGENCY Code, is amended by striking ‘‘and $2,377,049 November 20, 2015,’’; and for the period beginning on October 1, 2015, PREPAREDNESS FUND.—Section 5128(b)(2) of (K) in subparagraph (K) by striking ‘‘and title 49, United States Code, is amended to and ending on October 29, 2015,’’ and insert- $41,669,672 for the period beginning on Octo- ing ‘‘and $4,180,328 for the period beginning read as follows: ber 1, 2015, and ending on October 29, 2015,’’ ‘‘(2) FISCAL YEAR 2016.—From the Hazardous on October 1, 2015, and ending on November and inserting ‘‘and $73,281,148 for the period 20, 2015,’’. Materials Emergency Preparedness Fund es- beginning on October 1, 2015, and ending on tablished under section 5116(i), the Secretary SEC. 1203. AUTHORIZATIONS FOR PUBLIC TRANS- November 20, 2015,’’. PORTATION. may expend for the period beginning on Oc- (b) RESEARCH, DEVELOPMENT DEMONSTRA- tober 1, 2015, and ending on November 20, (a) FORMULA GRANTS.—Section 5338(a) of TION AND DEPLOYMENT PROJECTS.—Section title 49, United States Code, is amended— 2015— 5338(b) of title 49, United States Code, is ‘‘(A) $26,197 to carry out section 5115; (1) in paragraph (1) by striking ‘‘and amended by striking ‘‘and $5,546,448 for the $681,024,590 for the period beginning on Octo- ‘‘(B) $3,037,705 to carry out subsections (a) period beginning on October 1, 2015, and end- and (b) of section 5116, of which not less than ber 1, 2015, and ending on October 29, 2015’’ ing on October 29, 2015’’ and inserting ‘‘and and inserting ‘‘and $1,197,663,934 for the pe- $1,902,049 shall be available to carry out sec- $9,754,098 for the period beginning on October tion 5116(b); riod beginning on October 1, 2015, and ending 1, 2015, and ending on November 20, 2015’’. ‘‘(C) $20,902 to carry out section 5116(f); on November 20, 2015’’; (c) TRANSIT COOPERATIVE RESEARCH PRO- ‘‘(D) $87,090 to publish and distribute the (2) in paragraph (2)— GRAM.—Section 5338(c) of title 49, United (A) in subparagraph (A) by striking ‘‘and States Code, is amended by striking ‘‘and Emergency Response Guidebook under sec- $10,205,464 for the period beginning on Octo- $554,645 for the period beginning on October tion 5116(i)(3); and ber 1, 2015, and ending on October 29, 2015,’’ 1, 2015, and ending on October 29, 2015’’ and ‘‘(E) $139,344 to carry out section 5116(j).’’. and inserting ‘‘and $17,947,541 for the period inserting ‘‘and $975,410 for the period begin- (c) HAZARDOUS MATERIALS TRAINING beginning on October 1, 2015, and ending on ning on October 1, 2015, and ending on No- GRANTS.—Section 5128(c) of title 49, United November 20, 2015,’’; vember 20, 2015’’. States Code, is amended by striking ‘‘and (B) in subparagraph (B) by striking ‘‘and (d) TECHNICAL ASSISTANCE AND STANDARDS $316,940 for the period beginning on October $792,350 for the period beginning on October DEVELOPMENT.—Section 5338(d) of title 49, 1, 2015, and ending on October 29, 2015,’’ and 1, 2015, and ending on October 29, 2015,’’ and United States Code, is amended by striking inserting ‘‘and $557,377 for the period begin- inserting ‘‘and $1,393,443 for the period begin- ‘‘and $554,645 for the period beginning on Oc- ning on October 1, 2015, and ending on No- ning on October 1, 2015, and ending on No- tober 1, 2015, and ending on October 29, 2015’’ vember 20, 2015,’’. vember 20, 2015,’’; and inserting ‘‘and $975,410 for the period be- SEC. 1302. ENSURING SAFE IMPLEMENTATION OF (C) in subparagraph (C) by striking ‘‘and ginning on October 1, 2015, and ending on No- POSITIVE TRAIN CONTROL SYSTEMS. $353,281,011 for the period beginning on Octo- vember 20, 2015’’. (a) SHORT TITLE.—This section may be (e) HUMAN RESOURCES AND TRAINING.—Sec- ber 1, 2015, and ending on October 29, 2015,’’ cited as the ‘‘Positive Train Control Enforce- tion 5338(e) of title 49, United States Code, is and inserting ‘‘and $621,287,295 for the period ment and Implementation Act of 2015’’. amended by striking ‘‘and $396,175 for the pe- beginning on October 1, 2015, and ending on (b) IN GENERAL.—Section 20157 of title 49, riod beginning on October 1, 2015, and ending November 20, 2015,’’; on October 29, 2015’’ and inserting ‘‘and United States Code, is amended— (D) in subparagraph (D) by striking ‘‘and $696,721 for the period beginning on October (1) in subsection (a)(1)— $20,466,393 for the period beginning on Octo- 1, 2015, and ending on November 20, 2015’’. (A) by striking ‘‘18 months after the date ber 1, 2015, and ending on October 29, 2015,’’ (f) CAPITAL INVESTMENT GRANTS.—Section of enactment of the Rail Safety Improve- and inserting ‘‘and $35,992,623 for the period 5338(g) of title 49, United States Code, is ment Act of 2008’’ and inserting ‘‘90 days beginning on October 1, 2015, and ending on amended by striking ‘‘and $151,101,093 for the after the date of enactment of the Positive November 20, 2015,’’; period beginning on October 1, 2015, and end- Train Control Enforcement and Implementa- (E) in subparagraph (E)— ing on October 29, 2015’’ and inserting ‘‘and tion Act of 2015’’; (i) by striking ‘‘and $48,159,016 for the pe- $265,729,508 for the period beginning on Octo- (B) by striking ‘‘develop and’’; riod beginning on October 1, 2015, and ending ber 1, 2015, and ending on November 20, 2015’’. (C) by striking ‘‘a plan for implementing’’ on October 29, 2015,’’ and inserting ‘‘and (g) ADMINISTRATION.—Section 5338(h) of and inserting ‘‘a revised plan for imple- $84,693,443 for the period beginning on Octo- title 49, United States Code, is amended— menting’’; ber 1, 2015, and ending on November 20, (1) in paragraph (1) by striking ‘‘and (D) by striking ‘‘December 31, 2015’’ and in- 2015,’’; $8,240,437 for the period beginning on October serting ‘‘December 31, 2018’’; and (ii) by striking ‘‘and $2,377,049 for the pe- 1, 2015, and ending on October 29, 2015’’ and (E) in subparagraph (B) by striking ‘‘parts’’ riod beginning on October 1, 2015, and ending inserting ‘‘and $14,491,803 for the period be- and inserting ‘‘sections’’; on October 29, 2015,’’ and inserting ‘‘and ginning on October 1, 2015, and ending on No- (2) by striking subsection (a)(2) and insert- $4,180,328 for the period beginning on October vember 20, 2015’’; ing the following: 1, 2015, and ending on November 20, 2015,’’; (2) in paragraph (2) by striking ‘‘and not ‘‘(2) IMPLEMENTATION.— and less than $396,175 for the period beginning on ‘‘(A) CONTENTS OF REVISED PLAN.—A re- (iii) by striking ‘‘and $1,584,699 for the pe- October 1, 2015, and ending on October 29, vised plan required under paragraph (1) riod beginning on October 1, 2015, and ending 2015,’’ and inserting ‘‘and not less than shall— on October 29, 2015,’’ and inserting ‘‘and $696,721 for the period beginning on October ‘‘(i) describe— $2,786,885 for the period beginning on October 1, 2015, and ending on November 20, 2015,’’; ‘‘(I) how the positive train control system 1, 2015, and ending on November 20, 2015,’’; and will provide for interoperability of the sys- (F) in subparagraph (F) by striking ‘‘and (3) in paragraph (3) by striking ‘‘and not tem with the movements of trains of other $237,705 for the period beginning on October less than $79,235 for the period beginning on railroad carriers over its lines; and 1, 2015, and ending on October 29, 2015,’’ and October 1, 2015, and ending on October 29, ‘‘(II) how, to the extent practical, the posi- inserting ‘‘and $418,033 for the period begin- 2015,’’ and inserting ‘‘and not less than tive train control system will be imple- ning on October 1, 2015, and ending on No- $139,344 for the period beginning on October mented in a manner that addresses areas of vember 20, 2015,’’; 1, 2015, and ending on November 20, 2015,’’. greater risk before areas of lesser risk;

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.006 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7210 CONGRESSIONAL RECORD — HOUSE October 27, 2015 ‘‘(ii) comply with the positive train control schedule and sequence submitted pursuant to schedule and sequence. The Secretary may system implementation plan content re- paragraph (2)(B) and determine whether the not approve a date for implementation that quirements under section 236.1011 of title 49, railroad carrier or other entity has dem- is later than 24 months from the deadline in Code of Federal Regulations; and onstrated, to the satisfaction of the Sec- paragraph (1).’’; ‘‘(iii) provide— retary, that such carrier or entity has— (3) by striking subsections (c), (d), and (e) ‘‘(I) the calendar year or years in which ‘‘(i) installed all positive train control sys- and inserting the following: spectrum will be acquired and will be avail- tem hardware consistent with the plan con- ‘‘(c) PROGRESS REPORTS AND REVIEW.— able for use in each area as needed for posi- tents provided pursuant to paragraph ‘‘(1) PROGRESS REPORTS.—Each railroad tive train control system implementation, if (2)(A)(iii)(II) on or before the implementa- carrier or other entity subject to subsection such spectrum is not already acquired and tion deadline under paragraph (1); (a) shall, not later than March 31, 2016, and available for use; ‘‘(ii) acquired all spectrum necessary for annually thereafter until such carrier or en- ‘‘(II) the total amount of positive train implementation of a positive train control tity has completed implementation of a posi- control system hardware that will be in- system, consistent with the plan contents tive train control system, submit to the Sec- stalled for implementation, with totals sepa- provided pursuant to paragraph (2)(A)(iii)(I) rated by each major hardware category; on or before the implementation deadline retary a report on the progress toward im- ‘‘(III) the total amount of positive train under paragraph (1); plementing such systems, including— control system hardware that will be in- ‘‘(iii) completed employee training re- ‘‘(A) the information on spectrum acquisi- stalled by the end of each calendar year until quired under the applicable positive train tion provided pursuant to subsection the positive train control system is imple- control system regulations; (a)(2)(A)(iii)(I); mented, with totals separated by each hard- ‘‘(iv) included in its revised plan an alter- ‘‘(B) the totals provided pursuant to sub- ware category; native schedule and sequence for imple- clauses (III) and (V) of subsection ‘‘(IV) the total number of employees re- menting a positive train control system as (a)(2)(A)(iii), by territory, if applicable; quired to receive training under the applica- soon as practicable, pursuant to paragraph ‘‘(C) the extent to which the railroad car- ble positive train control system regula- (2)(B); rier or other entity is complying with the tions; ‘‘(v) certified to the Secretary in writing implementation schedule under subsection ‘‘(V) the total number of employees that that it will be in full compliance with the re- (a)(2)(A)(iii)(VII) or subsection (a)(2)(B); will receive the training, as required under quirements of this section on or before the ‘‘(D) any update to the information pro- the applicable positive train control system date provided in an alternative schedule and vided under subsection (a)(2)(A)(iii)(VI); regulations, by the end of each calendar year sequence, subject to approval by the Sec- ‘‘(E) for each entity providing regularly until the positive train control system is im- retary; scheduled intercity or commuter rail pas- plemented; ‘‘(vi) in the case of a Class I railroad car- senger transportation, a description of the ‘‘(VI) a summary of any remaining tech- rier and Amtrak, implemented a positive resources identified and allocated to imple- nical, programmatic, operational, or other train control system or initiated revenue ment a positive train control system; challenges to the implementation of a posi- service demonstration on the majority of ‘‘(F) for each railroad carrier or other enti- tive train control system, including chal- territories, such as subdivisions or districts, ty subject to subsection (a), the total num- lenges with— or route miles that are owned or controlled ber of route miles on which a positive train ‘‘(aa) availability of public funding; by such carrier and required to have oper- control system has been initiated for rev- ‘‘(bb) interoperability; ations governed by a positive train control enue service demonstration or implemented, ‘‘(cc) spectrum; system; and as compared to the total number of route ‘‘(dd) software; ‘‘(vii) in the case of any other railroad car- miles required to have a positive train con- ‘‘(ee) permitting; and rier or other entity not subject to clause trol system under subsection (a); and ‘‘(ff) testing, demonstration, and certifi- (vi)— ‘‘(G) any other information requested by cation; and ‘‘(I) initiated revenue service demonstra- the Secretary. ‘‘(VII) a schedule and sequence for imple- tion on at least 1 territory that is required ‘‘(2) PLAN REVIEW.—The Secretary shall at menting a positive train control system by to have operations governed by a positive least annually conduct reviews to ensure the deadline established under paragraph (1). train control system; or that railroad carriers or other entities are ‘‘(B) ALTERNATIVE SCHEDULE AND SE- ‘‘(II) met any other criteria established by complying with the revised plan submitted QUENCE.—Notwithstanding the implementa- the Secretary. under subsection (a), including any amend- tion deadline under paragraph (1) and in lieu ‘‘(C) DECISION.— ments or any alternative schedule and se- of a schedule and sequence under paragraph ‘‘(i) IN GENERAL.—Not later than 90 days quence approved by the Secretary. Such rail- (2)(A)(iii)(VII), a railroad carrier or other en- after the receipt of the notification from a road carriers or other entities shall provide tity subject to paragraph (1) may include in railroad carrier or other entity under sub- such information as the Secretary deter- its revised plan an alternative schedule and paragraph (A), the Secretary shall— mines necessary to adequately conduct such sequence for implementing a positive train ‘‘(I) approve an alternative schedule and reviews. control system, subject to review under sequence submitted pursuant to paragraph ‘‘(3) PUBLIC AVAILABILITY.—Not later than paragraph (3). Such schedule and sequence (2)(B) if the railroad carrier or other entity 60 days after receipt, the Secretary shall shall provide for implementation of a posi- meets the criteria in subparagraph (B); and make available to the public on the Internet tive train control system as soon as prac- ‘‘(II) notify in writing the railroad carrier Web site of the Department of Transpor- ticable, but not later than the date that is 24 or other entity of the decision. tation any report submitted pursuant to months after the implementation deadline ‘‘(ii) DEFICIENCIES.—Not later than 45 days paragraph (1) or subsection (d), but may ex- under paragraph (1). after the receipt of the notification under clude, as the Secretary determines appro- ‘‘(C) AMENDMENTS.—A railroad carrier or subparagraph (A), the Secretary shall pro- priate— other entity subject to paragraph (1) may vide to the railroad carrier or other entity a ‘‘(A) proprietary information; and file a request to amend a revised plan, in- written notification of any deficiencies that ‘‘(B) security-sensitive information, in- cluding any alternative schedule and se- would prevent approval under clause (i) and cluding information described in section quence, as applicable, in accordance with provide the railroad carrier or other entity 1520.5(a) of title 49, Code of Federal Regula- section 236.1021 of title 49, Code of Federal an opportunity to correct deficiencies before tions. Regulations. the date specified in such clause. ‘‘(d) REPORT TO CONGRESS.—Not later than ‘‘(D) COMPLIANCE.—A railroad carrier or ‘‘(D) REVISED DEADLINES.— July 1, 2018, the Secretary shall transmit to other entity subject to paragraph (1) shall ‘‘(i) PENDING REVIEWS.—For a railroad car- implement a positive train control system in rier or other entity that submits a notifica- the Committee on Transportation and Infra- accordance with its revised plan, including tion under subparagraph (A), the deadline for structure of the House of Representatives any amendments or any alternative schedule implementation of a positive train control and the Committee on Commerce, Science, and sequence approved by the Secretary system required under paragraph (1) shall be and Transportation of the Senate a report on under paragraph (3). extended until the date on which the Sec- the progress of each railroad carrier or other entity subject to subsection (a) in imple- ‘‘(3) SECRETARIAL REVIEW.— retary approves or disapproves the alter- menting a positive train control system. ‘‘(A) NOTIFICATION.—A railroad carrier or native schedule and sequence, if such date is other entity that submits a revised plan later than the implementation date under ‘‘(e) ENFORCEMENT.—The Secretary is au- under paragraph (1) and proposes an alter- paragraph (1). thorized to assess civil penalties pursuant to native schedule and sequence under para- ‘‘(ii) ALTERNATIVE SCHEDULE AND SEQUENCE chapter 213 for— graph (2)(B) shall submit to the Secretary a DEADLINE.—If the Secretary approves a rail- ‘‘(1) a violation of this section; written notification when such railroad car- road carrier or other entity’s alternative ‘‘(2) the failure to submit or comply with rier or other entity is prepared for review schedule and sequence under subparagraph the revised plan required under subsection under subparagraph (B). (C)(i), the railroad carrier or other entity’s (a), including the failure to comply with the ‘‘(B) CRITERIA.—Not later than 90 days deadline for implementation of a positive totals provided pursuant to subclauses (III) after a railroad carrier or other entity sub- train control system required under para- and (V) of subsection (a)(2)(A)(iii) and the mits a notification under subparagraph (A), graph (1) shall be the date specified in that spectrum acquisition dates provided pursu- the Secretary shall review the alternative railroad carrier or other entity’s alternative ant to subsection (a)(2)(A)(iii)(I);

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.006 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7211 ‘‘(3) failure to comply with any amend- just, repair, or replace any faulty component subsection (b)(2) and inserting ‘‘Surface ments to such revised plan pursuant to sub- causing the system failure in a timely man- Transportation Extension Act of 2015’’, and section (a)(2)(C); and ner. (2) by striking ‘‘October 30, 2015’’ in sub- ‘‘(4) the failure to comply with an alter- ‘‘(3) PLANS.—The positive train control section (d)(2) and inserting ‘‘November 21, native schedule and sequence submitted safety plan for each railroad carrier or other 2015’’. under subsection (a)(2)(B) and approved by entity shall describe the safety measures, (c) LEAKING UNDERGROUND STORAGE TANK the Secretary under subsection (a)(3)(C).’’; such as operating rules and actions to com- TRUST FUND.—Section 9508(e)(2) of such Code (4) in subsection (h)— ply with applicable safety regulations, that is amended by striking ‘‘October 30, 2015’’ (A) by striking ‘‘The Secretary’’ and in- will be put in place during any system fail- and inserting ‘‘November 21, 2015’’. serting the following: ure. The SPEAKER pro tempore. Pursu- ‘‘(1) IN GENERAL.—The Secretary’’; and ‘‘(4) NOTIFICATION.—During the period de- ant to the rule, the gentleman from (B) by adding at the end the following: scribed in paragraph (1), if a positive train Pennsylvania (Mr. SHUSTER) and the ‘‘(2) PROVISIONAL OPERATION.—Notwith- control system that has been certified and gentleman from Oregon (Mr. DEFAZIO) standing the requirements of paragraph (1), implemented fails to initialize, cuts out, or the Secretary may authorize a railroad car- malfunctions, the affected railroad carrier or each will control 20 minutes. rier or other entity to commence operation other entity shall submit a notification to The Chair recognizes the gentleman in revenue service of a positive train control the appropriate regional office of the Federal from Pennsylvania. system or component to the extent nec- Railroad Administration within 7 days of the GENERAL LEAVE essary to enable the safe implementation system failure, or under alternative location Mr. SHUSTER. Mr. Speaker, I ask and operation of a positive train control sys- and deadline requirements set by the Sec- unanimous consent that all Members tem in phases.’’; retary, and include in the notification a de- have 5 legislative days in which to re- (5) in subsection (i)— scription of the safety measures the affected (A) by redesignating paragraphs (1) vise and extend their remarks and to railroad carrier or other entity has in place. include extraneous materials on H.R. through (3) as paragraphs (3) through (5), re- ‘‘(k) SMALL RAILROADS.—Not later than 120 spectively; and days after the date of the enactment of this 3819. (B) by inserting before paragraph (3) (as so Act, the Secretary shall amend section The SPEAKER pro tempore. Is there redesignated) the following: 236.1006(b)(4)(iii)(B) of title 49, Code of Fed- objection to the request of the gen- ‘‘(1) EQUIVALENT OR GREATER LEVEL OF eral Regulations (relating to equipping loco- tleman from Pennsylvania? SAFETY.—The term ‘equivalent or greater motives for applicable Class II and Class III There was no objection. level of safety’ means the compliance of a railroads operating in positive train control Mr. SHUSTER. Mr. Speaker, I yield railroad carrier with— territory) to extend each deadline under such myself such time as I may consume. ‘‘(A) appropriate operating rules in place section by 3 years. I rise in support of H.R. 3819, which immediately prior to the use or implementa- ‘‘(l) REVENUE SERVICE DEMONSTRATION.— tion of such carrier’s positive train control extends Federal surface transportation When a railroad carrier or other entity sub- programs through November 20, 2015. system, except that such rules may be ject to (a)(1) notifies the Secretary it is pre- changed by such carrier to improve safe op- This bill allows States to continue to pared to initiate revenue service demonstra- fund transportation projects, and it erations; and tion, it shall also notify any applicable ten- ‘‘(B) all applicable safety regulations, ex- ant railroad carrier or other entity subject prevents 4,100 U.S. Department of cept as specified in subsection (j). to subsection (a)(1).’’. Transportation employees from being ‘‘(2) HARDWARE.—The term ‘hardware’ (c) CONFORMING AMENDMENT.—Section furloughed. H.R. 3819 funds these pro- means a locomotive apparatus, a wayside 20157(g), is amended— grams at the authorized levels for fis- interface unit (including any associated leg- (1) by striking ‘‘The Secretary’’ and insert- cal year 2014. No offsets or transfers of acy signal system replacements), switch po- ing the following: sition monitors needed for a positive train funding to the highway trust fund are ‘‘(1) IN GENERAL.—The Secretary’’; and necessary for this extension since the control system, physical back office system (2) by adding at the end the following: equipment, a base station radio, a wayside trust fund will remain solvent during ‘‘(2) CONFORMING REGULATORY AMEND- radio, a locomotive radio, or a communica- this period. MENTS.—Immediately after the date of the tion tower or pole.’’; and Last week, the Committee on Trans- enactment of the Positive Train Control En- (6) by adding at the end the following: forcement and Implementation Act of 2015, portation and Infrastructure unani- ‘‘(j) EARLY ADOPTION.— the Secretary— mously approved a bipartisan, ‘‘(1) OPERATIONS.—From the date of enact- multiyear surface transportation reau- ment of the Positive Train Control Enforce- ‘‘(A) shall remove or revise the date-spe- ment and Implementation Act of 2015 cific deadlines in the regulations or orders thorization bill. This extension will en- through the 1-year period beginning on the implementing this section to the extent nec- able the House to continue its work on date on which the last Class I railroad car- essary to conform with the amendments this important legislation. H.R. 3819 rier’s positive train control system subject made by such Act; and also includes critical language extend- to subsection (a) is certified by the Secretary ‘‘(B) may not enforce any such date-spe- ing the deadline for railroads to imple- under subsection (h)(1) of this section and is cific deadlines or requirements that are in- consistent with the amendments made by ment positive train control technology implemented on all of that railroad carrier’s to 2018. lines required to have operations governed such Act. ‘‘(3) REVIEW.—Nothing in the Positive We have known for some time that by a positive train control system, any rail- railroads simply cannot meet the con- road carrier, including any railroad carrier Train Control Enforcement and Implementa- that has its positive train control system tion Act of 2015, or the amendments made by gressionally mandated positive train certified by the Secretary, shall not be sub- such Act, shall be construed to require the control, or PTC, deadline of December ject to the operational restrictions set forth Secretary to issue regulations to implement 31, 2015. What has become more appar- in sections 236.567 and 236.1029 of title 49, such Act or amendments other than the reg- ent is how catastrophic it would be for Code of Federal Regulations, that would ulatory amendments required by paragraph the Nation’s economy if we don’t ex- apply where a controlling locomotive that is (2) and subsection (k).’’. tend the deadline now. operating in, or is to be operated in, a posi- TITLE II—REVENUE PROVISIONS Without an extension, railroads will tive train control-equipped track segment SEC. 2001. EXTENSION OF HIGHWAY TRUST FUND stop shipping important chemicals experiences a positive train control system EXPENDITURE AUTHORITY. critical to manufacturing, agriculture, failure, a positive train control operated (a) HIGHWAY TRUST FUND.—Section 9503 of clean drinking water, and other indus- consist is not provided by another railroad the Internal Revenue Code of 1986 is amend- carrier when provided in interchange, or a ed— trial activities. In fact, some railroads positive train control system otherwise fails (1) by striking ‘‘October 30, 2015’’ in sub- are already notifying shippers they will to initialize, cuts out, or malfunctions, pro- sections (b)(6)(B), (c)(1), and (e)(3) and insert- stop accepting chemical shipments by vided that such carrier operates at an equiv- ing ‘‘November 21, 2015’’, and December 1. This is creating extreme alent or greater level of safety than the level (2) by striking ‘‘Surface Transportation uncertainty across a variety of groups achieved immediately prior to the use or im- and Veterans Health Care Choice Improve- that rely on rail shipments, from farm- plementation of its positive train control ment Act of 2015’’ in subsections (c)(1) and ers who need ammonia for fertilizer, to system. (e)(3) and inserting ‘‘Surface Transportation water utilities that need chlorine to ‘‘(2) SAFETY ASSURANCE.—During the period Extension Act of 2015’’. purify drinking water. described in paragraph (1), if a positive train (b) SPORT FISH RESTORATION AND BOATING Some industrial companies have al- control system that has been certified and TRUST FUND.—Section 9504 of such Code is implemented fails to initialize, cuts out, or amended— ready begun the planning process for malfunctions, the affected railroad carrier or (1) by striking ‘‘Surface Transportation shutting down plants because they can- other entity shall make reasonable efforts to and Veterans Health Care Choice Improve- not operate without chemicals deliv- determine the cause of the failure and ad- ment Act of 2015’’ each place it appears in ered by rail. We have heard from one

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.006 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7212 CONGRESSIONAL RECORD — HOUSE October 27, 2015 chemical company in New Hampshire Luckily, this bill contains a provi- have had to have installed the equip- that said its railroad will stop picking sion that, should this Congress or a fu- ment. up chlorine on November 13. ture, more enlightened Congress decide The reality is that this is an expen- This company is the only supplier of to allocate additional funds, those sive and complicated process, and put- chlorine to the entire six-State New funds will flow through under the poli- ting in the equipment is, obviously, the England region for drinking water and cies set out in this bill and the for- first critical part and turning it on, but wastewater treatment. Therefore, after mulas set out in this bill without any then it can take up to 2 years to get it November 13, New England could very further action by Congress, as it is certified as operational. So we are ac- well be without chlorine to clean its really a good idea to avoid coming to ceding to that reality in this legisla- water. Congress for anything whenever you tion by saying: 3 years and measurable On a broader scale, a PTC-related rail can. So that is, I think, a very impor- goals to get to the 3 years. Everybody shutdown would pull $30 billion out of tant provision of the bill. is up with installation, and, hopefully, the economy in one quarter alone and There is an AP story today that kind most will be operational at that point. lead to 700,000 jobs lost in just one of goes to the heart of this, and it talks Some may not be due to cir- month. It is our responsibility to ex- about the fact that, in many States, cumstances beyond their control, even tend this deadline now and avoid such they are abandoning roads and bridges. though they have made the necessary harm to the Nation’s economy. We are not just talking about the rural investments, and under negotiations This language is based on bipartisan, heartland anymore. This has been with the Secretary of Transportation, bicameral work over the last several somewhat commonplace in the rural they could get further extensions. So weeks, and it would ensure that rail- heartland, where they have been say- that is a very time-sensitive portion of roads implement positive train control ing, ‘‘We can’t afford to pave these this bill. as quickly as possible. roads anymore. We are going back to I have had many colleagues on my I urge all of my colleagues to support gravel.’’ We are talking about King side saying, ‘‘I am really tired of these H.R. 3819. County in Washington State. We are short-term extensions. I really don’t Mr. Speaker, I reserve the balance of want to vote for another one.’’ talking about the counties and State my time. I have said that this is different. We areas surrounding Des Moines, . Mr. DEFAZIO. Mr. Speaker, I yield have the policy in place—we don’t have We are talking about major urban myself such time as I may consume. the funding yet—and we have got this areas and the fact that, since the Fed- On July 1, when we last visited the very critical element of positive train eral Government has failed to invest issue of a short-term extension for sur- control. face transportation, I bemoaned the and to live up to its partnership for I am urging Members on my side of fact that little progress had been made major, critical urban area projects or the aisle to support this proposal. on a long-term, 6-year bill. I am major projects for our ports or other Mr. Speaker, I reserve the balance of pleased today that I don’t have to use choke points on the system, States my time. the same talking points. have had to concentrate resources Mr. SHUSTER. Mr. Speaker, I yield We did, through the actual legisla- there. such time as he may consume to the tive process—with lengthy negotia- They have tried to raise more money, gentleman from California (Mr. tions leading up to it—pass out of com- again, with no help from the Federal DENHAM), the subcommittee chairman mittee a 6-year bill, which relates to Government. Now they are having to on Railroads, Pipelines, and Hazardous policies that would underlie a 6-year abandon the 20th-century transpor- Materials. investment in our crumbling infra- tation system. I mean, that is pretty Mr. DENHAM. I thank Chairman structure. That is the good news. darned pathetic, that we are not hold- SHUSTER, Ranking Member DEFAZIO, It was ultimately a bipartisan effort ing up our end of that bargain and and Ranking Member CAPUANO for in the tradition of the committee. making any effort to do that. So that working with us to develop this impor- There is not too much to make par- is the bad news part. tant piece of legislation. tisan about moving goods and people As the chairman mentioned, this bill Mr. Speaker, this legislation would from here to there efficiently except also includes critical provisions to ex- ensure that railroads actually imple- for those who are opposed to the Fed- tend positive train control deadlines. ment positive train control. We need to eral Government being involved and, With the exception of some portion of do it as quickly as possible and as safe- who, luckily, don’t represent a major- Amtrak, nobody will be able to meet ly as possible for the safety of our ity on our committee. So that is the the deadline of January 1, which does country. good news. mean an extraordinary disruption of As chairman of the Railroads, Pipe- The bad news is we still do not have the movement of freight and commuter lines, and Hazardous Materials Sub- the funding mechanism before us, so we and passenger rail across the United committee, we have been monitoring have to do another short-term exten- States. the railroads’ progress in imple- sion. Also, the currently stated objec- We have worked very hard with the menting PTC, positive train control, tive for funding is totally inadequate. I Senate in negotiations, and we have a including holding a hearing in June mean, America is falling apart. It is bicameral agreement on the extension. that brought stakeholders in from embarrassing, actually. It is tough. It says we are not going to across the country so as to understand These States, including many all-red get to this point again. It is not going exactly what the impacts are. Republican States—14 States—have to be kick the can, kick the can, kick We have known for some time that voted to raise gas taxes since 2013 to the can. most railroads simply won’t be done invest in maintaining or in rebuilding It says that all of the entities that with positive train control implemen- their infrastructure or in building out are required to put in place positive tation by the end of this year. Now, new transportation options to get their train control will put forward a plan several different things went into the citizens and goods out of congestion— for approval with measurable bench- delays of this, one of which is the FCC, 14 States. Since 2008, nearly half of the marks over this 3-year period, and they where you have two government agen- States have taken action to raise more will be tracked as to meeting those cies not working together to get the funds. benchmarks during that 3-year period. tens of thousands of poles permitted so The Federal Government last raised So it won’t be that, suddenly, we get that they could actually have the com- the gas tax in 1993, and we are told any to the end of 3 years and we hear from munication interface. increase in user fees—gas tax, barrel a majority of freight and/or passenger- PTC is a huge undertaking, requiring tax, indexation of the gas tax, vehicle commuter railroads, saying, ‘‘Gee, we 38,000 wayside interfaces be installed miles traveled—is all off the table. We just can’t make it.’’ along 60,000 miles of track. In addition, cannot ask those who use the system We will know where we are headed 18,000 locomotives need to be upgraded to pay user fees to improve the system and will be able to target our efforts on and 12,000 signals need to be replaced. that they use on a daily basis. I think those who are lagging behind. At the All of these elements need to be the American people are more realistic end of that, yes, it will be possible to seamlessly communicated across dif- than that. get another extension, but they all will ferent railroads.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.030 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7213 But what is important here is that don’t like mysteries, particularly with Mr. SHUSTER. Mr. Speaker, I yield we actually have benchmarks in place long-term bills. But I have to believe myself the balance of my time. on implementation, that we have re- that the appropriate committee is I just want to say my heartfelt porting on the progress and enforce- meeting every day—it must be in se- thanks to the leaders of the Democrats ment of the metrics throughout the en- cret—in order to fund this bill. on the Committee on Transportation tire extension. We need to make sure At least we have done our work, and and Infrastructure, Mr. DEFAZIO and that this gets done right and that it we have done it in a bipartisan way. I Ms. NORTON, for getting this extension gets done quickly. won’t trouble with the entire bill. until November 20. It doesn’t give us Given this obvious need for an exten- There will be time to get to that. much time, but we need to get down to sion, a few weeks ago, Chairman SHU- I will say, on positive train control, work, get this passed next week, get it STER and I, with Ranking Members that I regret there had to be a 3-year into conference, and work to get this DEFAZIO and CAPUANO, introduced a 3- extension. I do think that puts at jeop- on the floor as soon as possible. year PTC extension. This bipartisan ardy those that have to be in these I also thank them for a sound exten- piece of legislation has garnered over trains—employees and passengers. As I sion to PTC, which is absolutely vital 130 coauthors. Additionally, more than looked at what it took to do positive to the Nation’s economy to get this 200 stakeholders have signed letters to train control, I don’t think we had any thing extended so we continue rail the Transportation Committee who alternative. So that gives people 3 shipments and to make sure that we support a PTC extension. years. have got something in place that gets Just to give you a few examples from With the benchmarks, I hope that we this important technology deployed in California: will get most of this done way before a reasonable way, a responsible way to If we don’t extend the PTC deadline, 2018. I don’t like permitting individual make sure that our rail system con- the Altamont Corridor Express com- waivers because, after all, there have tinues to be even safer than it is today. muter rail service will shut down, put- been at least 2 years spent trying to do It is a very, very safe system today. ting more commuters on California’s something about positive train control, So I urge all my colleagues to sup- congested highways. and the jeopardy is clear when we see port this. In the Central Valley, farmers will be what has happened already with re- I yield back the balance of my time. negatively impacted, as farmers rely spect to terrible crashes that have Ms. BROWN of Florida. Mr. Speaker, I rise on rail for their fertilizers and our taken human life. to express my support for this extension and dairies and our cattle yards depend on Finally, I just want to say that per- I truly hope this is the last one we need to feed that only comes in on rail. That is haps the greatest challenge we have is pass for a very long time. This extension also why the California Farm Bureau Fed- a challenge that we must meet. addresses an emergency involving Positive eration and the California League of The SPEAKER pro tempore (Mr. Train Control (PTC). Wheat Growers are supporting a PTC SIMPSON). The time of the gentle- Positive Train Control (PTC) is a critical sys- extension deadline. woman has expired. tem and it’s very important that we address Those are just a few examples of Mr. DEFAZIO. Mr. Speaker, I yield this issue in a rational manner. We need to broad and wide agreement among rail- an additional 1 minute to the gentle- implement positive train control as soon as hu- roads, shippers, and consumers that woman. manly possible, but we need to get it done Ms. NORTON. Mr. Speaker, and that Congress should pass this legislation. right. I don’t want to see a situation where the In conclusion, we have worked in a is a new way to fund the highway trust federal government is fining railroads on a bipartisan manner with our Senate fund. There is in the final bill some ex- daily basis or picking winners and losers, be- counterparts to develop this legisla- perimentation that I regard as urgent. cause I don’t think that is good for anyone. tion, and I believe this bill will ensure I thank my good friends on both sides Our railroads are a critical part of our nation’s that PTC gets done as soon as possible of the aisle for this short-term exten- economy and I’d much rather have them and as safely as possible. sion, which I hope will be the last in a spending their money on implementing PTC Mr. DEFAZIO. Mr. Speaker, I yield 3 very long time. minutes to the gentlewoman from the Mr. SHUSTER. Mr. Speaker, I yield 1 and improving and expanding their infrastruc- ture. District of Columbia (Ms. NORTON), the minute to the gentleman from Wash- I believe wholeheartedly that reauthorizing a ranking Democrat. ington (Mr. NEWHOUSE). Mr. NEWHOUSE. Mr. Speaker, I rise surface transportation bill will give the econ- b 1345 today to support this legislation. omy just the type of boost it needs. A long Ms. NORTON. Mr. Speaker, I thank I first want to thank Chairman SHU- term transportation bill will strengthen our in- Chairman SHUSTER and Chairman STER as well as Ranking Member DEFA- frastructure, provides quality jobs, and serves GRAVES as well as Ranking Member ZIO for their hard work in marking up as a tool to put America back on a path to- DEFAZIO for working with me and for a meaningful, long-term transportation ward long-term economic growth. all of us being able to work together on bill. It truly is something our country Last week the Transportation and Infrastruc- what will be, when it gets to the floor has eagerly anticipated, and we appre- ture Committee passed a fair bill that moves in November, I believe, the first 6-year ciate both you and your staff’s hard us closer to sending a long term bill for Presi- or long-term transportation bill in 10 work for giving our country the cer- dent Obama to sign in to law. years. That is why it is possible not to tainty that is needed on road and rail This important legislation included a critical fret that we are now going through an- projects. freight grant program, additional programs and other extension. I also want to say I appreciate you funding for transit systems and their operators, As a matter of fact, the States have including a deadline extension for the continues the Transportation Alternatives Pro- the funds until January. These short- full implementation of positive train gram (TAP) and creates a new non-motorized term extensions have compelled the control safety technology. While this safety grant program, includes a much needed States to stash their money without technology is vitally important for extension of Positive Train Control (PTC) im- spending all of it because what they safety and many reasons, it has become plementation, increased funding for Grade need to get to are long-term projects or increasingly clear that our Nation’s Crossings, Requires more information on Haz- at least projects that take more than a passenger and freight railroads are un- ardous Trains to State Emergency Response few months or a year or two, so we are able to meet the current deadline. Commissions, incentivizes states to combat making progress. When we authorize a As a farmer, I can tell you the result- racial profiling, and extends the Disadvan- 6-year bill, there will be a real burden ing shutdown our country’s freight net- taged Business Enterprise (DBE) Program. on us to make sure that, in fact, it is work could experience if this deadline Unfortunately, without critically needed addi- 6 years. is not extended would have devastating tional funds, we’re robbing Peter to pay Paul I would advise my colleagues to sup- consequences for both our farms and and forcing our states and local transportation port this last short-term extension. It our entire Nation’s economy. I appre- agencies to pay more for New Starts and is bipartisan. It is both Chambers. It ciate your swift attention to this issue. other programs while limiting their flexibility to avoids furloughs. I urge all of my colleagues’ support. use these funds. And we’re missing out on an There is a bill waiting off stage. How- Mr. DEFAZIO. Mr. Speaker, I yield opportunity to ensure our infrastructure is ever, there is a funding mystery. I back the balance of my time. meeting the needs of the disadvantaged and

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K27OC7.031 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7214 CONGRESSIONAL RECORD — HOUSE October 27, 2015 working class to ensure they have fair access However, those tax rates—18.4 cents/gallon ized construction projects and keep 700,000 to employment and economic centers. federal tax on gasoline and a 24.4 cents/gal- workers, including 106,100 in Texas on the We absolutely need to do more to protect lon tax on diesel fuel—have remained un- job. pedestrians and bike riders from harm. Ac- changed since 1993 and were not indexed to But that is only a start and just a part of our cording to the May 2014 Pedestrian Danger so the value of those revenues has job. Index (PDI), Orlando is ranked as the most eroded over the years, and, combined with the The real work that needs to be done in the dangerous place for pedestrians, with Jack- fact that vehicles have been getting increas- remaining days of this Congress is to reach an sonville and Tampa also included in the top ingly better mileage, the revenues deposited agreement on a long-term highway and trans- five most dangerous cities. This bill spends into the Highway Trust Fund beginning last portation bill that is fair, equitable, fiscally re- more time protecting corporations from liability decade have not kept pace with highway and sponsible, creates jobs and leads to sustained than it does protecting the traveling public. transit spending from the trust fund. economic growth. Moreover, we need to ensure that all sizes Consequently, since 2008, Congress has The SPEAKER pro tempore. The and modes of transportation are treated equal- periodically had to transfer at the 11th hour question is on the motion offered by ly in the freight grant program and should re- general Treasury revenues into the trust fund the gentleman from Pennsylvania (Mr. move any caps on funding for these entities. to pay for authorized highway and transit SHUSTER) that the House suspend the Again, I encourage my colleagues to sup- spending levels and avoid a funding shortfall. rules and pass the bill, H.R. 3819. port this extension and support bringing a long The total amount to date is more than $62 The question was taken; and (two- term transportation bill to the House floor as billion. thirds being in the affirmative) the soon as possible. Obviously, this practice is economically inef- rules were suspended and the bill was Ms. JACKSON LEE. Mr. Speaker, as a sen- ficient and injects uncertainty in the highway passed. ior member of the Homeland Security Com- construction plans, projects, and schedules of A motion to reconsider was laid on mittee, I rise to speak on H.R. 3819, ‘‘Surface state and local transportation agencies, not to the table. Transportation Extension Act of 2015,’’ which mention the anxiety it causes to workers and f reauthorizes federal-aid highway and transit businesses whose economic livelihood is de- programs for three weeks through November pendent on those projects. ANNOUNCEMENT BY THE SPEAKER 20, 2015. Mr. Speaker, the last transportation author- PRO TEMPORE The bill also extends by three years the De- ized by Congress for 4 years or more, The SPEAKER pro tempore. Pursu- cember 31, 2015 deadline for railroads to in- SAFETEA–LU, expired on September 30, ant to clause 8 of rule XX, proceedings stall positive train control systems but, within 2009, at the end of FY 2009. will resume on questions previously 90 days of enactment, all affected railroads Because Congress and the Administration postponed. Votes will be taken in the must submit to the U.S. Department of Trans- could not agree to a new reauthorization, it following order: portation a revised PTC compliance plan. was necessary to resort to stop-gap temporary Mr. Speaker, instead of this 22-day tem- Ordering the previous question on extensions on no less than eight occasions porary extension, I would have strongly pre- House Resolution 491; spanning a period of 910 days before Con- ferred that we were debating a comprehen- Adopting House Resolution 491, if or- gress finally enacted the ‘‘Moving Ahead for sive, fair, equitable, and long-term transpor- dered; Progress in the 21st Century Act’’ (MAP–21 tation reauthorization bill the nation des- Ordering the previous question on Act) on July 6, 2012, which reauthorized high- perately needs. House Resolution 450; and way and transportation programs through Fis- We have had two years to do so. Adopting House Resolution 450, if or- cal Year 2014, a little more than two years, or Democrats want such a bill as does the dered. until September 30, 2014. President, but apparently our friends across The first electronic vote will be con- MAP–21 was intended as a short-term the aisle do not since they have spent the last ducted as a 15-minute vote. Remaining measure to give Congress and the Administra- two years wasting time on advocating policies electronic votes will be conducted as 5- tion breathing room to reach agreement on a wanted by no one except for the right-wing ex- minute votes. tremists of the Tea Party. long-term reauthorization bill. But I reluctantly support this emergency but Yet, as Mr. LEVIN, the Ranking Member of f the Ways and Means Committee, has often temporary measure because as the Depart- PROVIDING FOR CONSIDERATION ment of Transportation has reported, if we do pointed out, since gaining the majority in 2010, our Republican colleagues have failed to take OF H.R. 1090, RETAIL INVESTOR not act now highway trust fund balances will PROTECTION ACT reach dangerously low levels by November 20 any action to sustain the Highway Trust Fund and result in a reduction of payments to states over the long-term and shore up vital infra- The SPEAKER pro tempore. The un- by an average of 28 percent. structure projects and has not held even a sin- finished business is the vote on order- Many states have already begun to cancel gle hearing on financing options for the High- ing the previous question on the reso- or delay planned construction projects, threat- way Trust Fund. lution (H. Res. 491) providing for con- ening 700,000 jobs, including 106,100 jobs in Instead, House Republicans have wasted sideration of the bill (H.R. 1090) to my home state of Texas. the nation’s time voting to repeal the Afford- amend the Securities Exchange Act of Mr. Speaker, the Highway Trust Fund was able Care Act more than 60 times, waging a 1934 to provide protections for retail created in 1956 during the Eisenhower Admin- , pursuing partisan investiga- customers, and for other purposes, on istration to help finance construction of the tions into the Benghazi tragedy, the IRS, which the yeas and nays were ordered. Interstate Highway System, which modernized defunding Planned Parenthood, and trying to The Clerk read the title of the resolu- the nation’s transportation infrastructure and overturn President Obama’s executive actions tion. was instrumental in making the United States that make our immigration enforcement laws The SPEAKER pro tempore. The the world’s dominant economic power for two less inhumane. question is on ordering the previous generations. Instead of doing their job, House Repub- question. Our national leaders then understood that licans big new idea is to attack the President The vote was taken by electronic de- investing in our roads and bridges strength- for doing his job. vice, and there were—yeas 242, nays ened our economy, created millions of good- Mr. Speaker, it is long past time for this 185, not voting 7, as follows: paying jobs, and improved the quality of life Congress, and especially the House majority, [Roll No. 570] for all Americans. to focus on the real problems and challenges YEAS—242 It is currently composed of two accounts facing the American people. Abraham Bishop (UT) Buck that fund federal-aid highway and transit And one of the biggest of those challenges Aderholt Black Bucshon projects built by states. Federal funding from is ensuring that America has a transportation Allen Blackburn Burgess the trust fund accounts for a major portion of policy and the infrastructure needed to com- Amash Blum Byrne Amodei Bost Calvert state transportation spending. pete and win in the global economy of the Babin Boustany Carter (GA) The Highway Trust Fund is financed by gas- 21st Century. Barletta Brady (TX) Carter (TX) oline and diesel taxes, which until the last dec- To do that we have to extend the reauthor- Barr Brat Chabot ade produced a steady increase in revenues ization of current transportation programs and Barton Bridenstine Chaffetz Benishek Brooks (AL) Clawson (FL) sufficient to accommodate increased levels of to authorize the transfer of the funds to the Bilirakis Brooks (IN) Coffman spending on highway and transit projects. Highway Trust Fund needed to fund author- Bishop (MI) Buchanan Cole

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.007 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7215 Collins (GA) Johnson (OH) Reichert Jackson Lee McDermott Sarbanes Denham Kelly (MS) Rigell Collins (NY) Johnson, Sam Renacci Jeffries McGovern Schakowsky Dent Kelly (PA) Roby Comstock Jolly Ribble Johnson (GA) McNerney Schiff DeSantis King (IA) Roe (TN) Conaway Jones Rice (SC) Johnson, E. B. Meng Schrader DesJarlais King (NY) Rogers (AL) Cook Jordan Rigell Kaptur Moore Scott (VA) Diaz-Balart Kinzinger (IL) Rogers (KY) Costello (PA) Joyce Roby Keating Moulton Scott, David Dold Kline Rohrabacher Cramer Katko Roe (TN) Kelly (IL) Murphy (FL) Serrano Donovan Knight Rokita Crawford Kelly (MS) Rogers (AL) Kennedy Nadler Sewell (AL) Duffy Labrador Rooney (FL) Crenshaw Kelly (PA) Rogers (KY) Kildee Napolitano Sherman Duncan (SC) LaHood Ros-Lehtinen Culberson King (IA) Rohrabacher Kilmer Neal Sinema Duncan (TN) LaMalfa Ross Curbelo (FL) King (NY) Rokita Kind Nolan Sires Ellmers (NC) Lamborn Rothfus Davis, Rodney Kinzinger (IL) Rooney (FL) Kirkpatrick Norcross Slaughter Emmer (MN) Lance Rouzer Denham Kline Ros-Lehtinen Kuster O’Rourke Smith (WA) Farenthold Latta Royce Dent Knight Ross Langevin Pallone Speier Fincher LoBiondo Russell DeSantis Labrador Rothfus Larsen (WA) Pascrell Swalwell (CA) Fitzpatrick Long Ryan (WI) DesJarlais LaHood Rouzer Larson (CT) Payne Takano Fleischmann Loudermilk Salmon Diaz-Balart LaMalfa Royce Lawrence Pelosi Thompson (CA) Fleming Love Sanford Dold Lamborn Russell Lee Perlmutter Thompson (MS) Flores Lucas Scalise Donovan Lance Ryan (WI) Levin Peters Titus Forbes Luetkemeyer Schweikert Duffy Latta Salmon Lewis Peterson Tonko Fortenberry Lummis Scott, Austin Lieu, Ted Pingree Duncan (SC) LoBiondo Sanford Torres Foxx MacArthur Sensenbrenner Lipinski Pocan Tsongas Duncan (TN) Long Scalise Franks (AZ) Marchant Sessions Loebsack Polis Van Hollen Ellmers (NC) Loudermilk Schweikert Frelinghuysen Marino Shimkus Lofgren Price (NC) Vargas Emmer (MN) Love Scott, Austin Garrett Massie Shuster Farenthold Lucas Sensenbrenner Lowenthal Quigley Veasey Gibbs McCarthy Simpson Fincher Luetkemeyer Sessions Lowey Rangel Vela Gibson McCaul Smith (MO) Fitzpatrick Lummis Shimkus Lujan Grisham Rice (NY) Vela´ zquez Gohmert McClintock Smith (NE) Fleischmann MacArthur Shuster (NM) Richmond Visclosky Goodlatte McHenry Smith (NJ) Fleming Marchant Simpson Luja´ n, Ben Ray Roybal-Allard Walz Gosar McKinley Smith (TX) Flores Marino Smith (MO) (NM) Ruiz Wasserman Gowdy McMorris Stefanik Forbes Massie Smith (NE) Lynch Ruppersberger Schultz Granger Rodgers Stewart Fortenberry McCarthy Smith (NJ) Maloney, Rush Waters, Maxine Graves (GA) McSally Stivers Foxx McCaul Smith (TX) Carolyn Ryan (OH) Watson Coleman Graves (LA) Meadows Stutzman Frelinghuysen McClintock Stefanik Maloney, Sean Sa´ nchez, Linda Welch Graves (MO) Meehan Thompson (PA) Garrett McHenry Stewart Matsui T. Wilson (FL) Griffith Messer Thornberry Gibbs McKinley Stivers McCollum Sanchez, Loretta Yarmuth Grothman Mica Gibson McMorris Stutzman Guinta Miller (FL) Tiberi Gohmert Rodgers Thompson (PA) NOT VOTING—7 Guthrie Miller (MI) Tipton Trott Goodlatte McSally Thornberry Costa Meeks Takai Hanna Moolenaar Turner Gosar Meadows Tiberi Franks (AZ) Pearce Hardy Mooney (WV) Upton Gowdy Meehan Tipton Hurt (VA) Roskam Harper Mullin Granger Messer Trott Harris Mulvaney Valadao Graves (GA) Mica Turner Hartzler Murphy (PA) Wagner Graves (LA) Miller (FL) Upton b 1417 Heck (NV) Neugebauer Walberg Graves (MO) Miller (MI) Valadao Mr. FATTAH changed his vote from Hensarling Newhouse Walden Griffith Moolenaar Wagner Herrera Beutler Noem Walker Grothman Mooney (WV) Walberg ‘‘yea’’ to ‘‘nay.’’ Hice, Jody B. Nugent Walorski Guinta Mullin Walden Messrs. SALMON and GOODLATTE Hill Nunes Walters, Mimi Guthrie Mulvaney Walker changed their vote from ‘‘nay’’ to Holding Olson Weber (TX) Webster (FL) Hanna Murphy (PA) Walorski ‘‘yea.’’ Hudson Palazzo Hardy Neugebauer Walters, Mimi Huelskamp Palmer Wenstrup Harper Newhouse Weber (TX) So the previous question was ordered. Huizenga (MI) Paulsen Westerman Harris Noem Webster (FL) The result of the vote was announced Hultgren Perry Westmoreland Hartzler Nugent Wenstrup as above recorded. Hunter Pittenger Whitfield Heck (NV) Nunes Westerman Hurd (TX) Pitts Williams Hensarling Olson Westmoreland Stated for: Hurt (VA) Poe (TX) Wilson (SC) Herrera Beutler Palazzo Whitfield Mr. HURT of Virginia. Mr. Speaker, I was Issa Poliquin Wittman Hice, Jody B. Palmer Williams not present for rollcall vote No. 570, a re- Jenkins (KS) Pompeo Womack Hill Paulsen Wilson (SC) Jenkins (WV) Posey Woodall Holding Perry Wittman corded vote on the previous question on H. Johnson (OH) Price, Tom Yoder Hudson Pittenger Womack Res. 491. Had I been present, I would have Johnson, Sam Ratcliffe Yoho Huelskamp Pitts Woodall voted ‘‘yes.’’ Jolly Reed Young (AK) Huizenga (MI) Poe (TX) Yoder The SPEAKER pro tempore. The Jones Reichert Young (IA) Hultgren Poliquin Yoho Jordan Renacci Young (IN) Hunter Pompeo Young (AK) question is on the resolution. Joyce Ribble Zeldin Hurd (TX) Posey Young (IA) The question was taken; and the Katko Rice (SC) Zinke Issa Price, Tom Young (IN) Speaker pro tempore announced that Jenkins (KS) Ratcliffe Zeldin the ayes appeared to have it. NOES—186 Jenkins (WV) Reed Zinke RECORDED VOTE Adams Cleaver Fattah NAYS—185 Aguilar Clyburn Foster Mr. POLIS. Mr. Speaker, I demand a Ashford Cohen Frankel (FL) Adams Clark (MA) Ellison recorded vote. Bass Connolly Fudge Aguilar Clarke (NY) Engel A recorded vote was ordered. Beatty Conyers Gabbard Ashford Clay Eshoo Becerra Cooper Gallego Bass Cleaver Esty The SPEAKER pro tempore. This is a Bera Costa Garamendi Beatty Clyburn Farr 5-minute vote. Beyer Courtney Graham Becerra Cohen Fattah The vote was taken by electronic de- Bishop (GA) Crowley Grayson Bera Connolly Foster vice, and there were—ayes 244, noes 186, Blumenauer Cuellar Green, Al Beyer Conyers Frankel (FL) Bonamici Cummings Green, Gene Bishop (GA) Cooper Fudge not voting 4, as follows: Boyle, Brendan Davis (CA) Grijalva Blumenauer Courtney Gabbard [Roll No. 571] F. Davis, Danny Gutie´rrez Bonamici Crowley Gallego Brady (PA) DeFazio Hahn Boyle, Brendan Cuellar Garamendi AYES—244 Brown (FL) DeGette Hastings F. Cummings Graham Abraham Bost Chaffetz Brownley (CA) Delaney Heck (WA) Brady (PA) Davis (CA) Grayson Aderholt Boustany Clawson (FL) Bustos DeLauro Higgins Brown (FL) Davis, Danny Green, Al Allen Brady (TX) Coffman Butterfield DelBene Himes Brownley (CA) DeFazio Green, Gene Amash Brat Cole Capps DeSaulnier Hinojosa Bustos DeGette Grijalva Amodei Bridenstine Collins (GA) Capuano Deutch Honda Butterfield Delaney Gutie´rrez Babin Brooks (AL) Collins (NY) Ca´ rdenas Dingell Hoyer Capps DeLauro Hahn Barletta Brooks (IN) Comstock Carney Doggett Huffman Capuano DelBene Hastings Barr Buchanan Conaway Carson (IN) Doyle, Michael Israel Ca´ rdenas DeSaulnier Heck (WA) Barton Buck Cook Cartwright F. Jackson Lee Carney Deutch Higgins Benishek Bucshon Costello (PA) Castor (FL) Duckworth Jeffries Carson (IN) Dingell Himes Bilirakis Burgess Cramer Castro (TX) Edwards Johnson (GA) Cartwright Doggett Hinojosa Bishop (MI) Byrne Crawford Chu, Judy Ellison Johnson, E. B. Castor (FL) Doyle, Michael Honda Bishop (UT) Calvert Crenshaw Cicilline Engel Kaptur Castro (TX) F. Hoyer Black Carter (GA) Culberson Clark (MA) Eshoo Keating Chu, Judy Duckworth Huffman Blackburn Carter (TX) Curbelo (FL) Clarke (NY) Esty Kelly (IL) Cicilline Edwards Israel Blum Chabot Davis, Rodney Clay Farr Kennedy

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.008 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7216 CONGRESSIONAL RECORD — HOUSE October 27, 2015 Kildee Murphy (FL) Scott (VA) Costello (PA) Kaptur Price (NC) Huelskamp Miller (FL) Scott, Austin Kilmer Nadler Scott, David Courtney Katko Quigley Huizenga (MI) Miller (MI) Sensenbrenner Kind Napolitano Serrano Cramer Keating Rangel Hurd (TX) Mooney (WV) Sessions Kirkpatrick Neal Sewell (AL) Crawford Kelly (IL) Reed Hurt (VA) Mulvaney Shimkus Kuster Nolan Sherman Crenshaw Kelly (PA) Reichert Issa Murphy (PA) Shuster Langevin Norcross Sinema Crowley Kennedy Renacci Jenkins (KS) Neugebauer Smith (MO) Larsen (WA) O’Rourke Sires Cuellar Kildee Ribble Jenkins (WV) Noem Smith (NE) Larson (CT) Pallone Slaughter Cummings Kilmer Rice (NY) Johnson, Sam Nugent Smith (TX) Lawrence Pascrell Jones Nunes Smith (WA) Curbelo (FL) Kind Richmond Stewart Lee Payne Davis (CA) King (NY) Jordan Olson Speier Rigell Stutzman Levin Pelosi Davis, Danny Kinzinger (IL) Kelly (MS) Palmer Swalwell (CA) Rogers (AL) Thornberry Lewis Perlmutter Davis, Rodney Kirkpatrick King (IA) Paulsen Takano Rogers (KY) Tiberi Lieu, Ted Peters DeFazio Knight Kline Perry Rokita Tipton Lipinski Peterson Thompson (CA) DeGette Kuster Labrador Pittenger Rooney (FL) Trott Loebsack Pingree Thompson (MS) Delaney Langevin LaHood Poliquin Ros-Lehtinen Visclosky Lofgren Pocan Titus DeLauro Larsen (WA) LaMalfa Pompeo Roybal-Allard Walberg Lowenthal Polis Tonko DelBene Larson (CT) Lamborn Posey Ruiz Walden Lowey Price (NC) Torres Dent Lawrence Lance Price, Tom Ruppersberger Lujan Grisham Quigley Tsongas DeSaulnier Lee Latta Ratcliffe Walker Rush (NM) Rangel Van Hollen Deutch Levin Loudermilk Roby Webster (FL) Ryan (OH) Luja´ n, Ben Ray Rice (NY) Vargas Diaz-Balart Lewis Love Roe (TN) Wenstrup Sa´ nchez, Linda (NM) Richmond Veasey Dingell Lieu, Ted Lummis Rohrabacher Westerman T. Westmoreland Lynch Roybal-Allard Vela Doggett Lipinski Marchant Ross Sanchez, Loretta Williams Maloney, Ruiz Vela´ zquez Dold LoBiondo Massie Rothfus Sarbanes Wittman Carolyn Ruppersberger Visclosky Donovan Loebsack McCarthy Rouzer Schakowsky Woodall Maloney, Sean Rush Walz Doyle, Michael Lofgren McCaul Royce Matsui Schiff Yoder Ryan (OH) Wasserman F. Long McClintock Russell McCollum Sa´ nchez, Linda Duckworth Schrader McHenry Ryan (WI) Yoho Schultz Lowenthal McDermott T. Edwards Lowey Scott (VA) McKinley Salmon Young (IA) Waters, Maxine McGovern Sanchez, Loretta Ellison Lucas Scott, David McSally Sanford Young (IN) Watson Coleman McNerney Sarbanes Ellmers (NC) Luetkemeyer Serrano Meadows Scalise Zeldin Meng Schakowsky Welch Engel Lujan Grisham Sewell (AL) Messer Schweikert Zinke Moore Schiff Wilson (FL) Eshoo (NM) Sherman Moulton Schrader Yarmuth Esty Luja´ n, Ben Ray Simpson NOT VOTING—5 Farr (NM) Sinema Meeks Rice (SC) Takai NOT VOTING—4 Fattah Lynch Sires Pearce Roskam Meeks Roskam Fincher MacArthur Slaughter Pearce Takai Fitzpatrick Maloney, Smith (NJ) b 1432 Foster Carolyn Smith (WA) b 1425 Frankel (FL) Maloney, Sean Speier So the previous question was ordered. Frelinghuysen Marino Stefanik So the resolution was agreed to. The result of the vote was announced Fudge Matsui Stivers as above recorded. The result of the vote was announced Gabbard McCollum Swalwell (CA) as above recorded. Gallego McDermott Takano The SPEAKER pro tempore. The Garamendi McGovern A motion to reconsider was laid on Thompson (CA) question is on the resolution. Gibson McMorris Thompson (MS) The question was taken; and the the table. Graham Rodgers Thompson (PA) Graves (MO) McNerney Titus Speaker pro tempore announced that f Green, Al Meehan Tonko the ayes appeared to have it. Green, Gene Meng PROVIDING FOR CONSIDERATION Torres Mr. HENSARLING. Mr. Speaker, on Grijalva Mica Tsongas that I demand the yeas and nays. OF H.R. 597, REFORM EXPORTS Gutie´rrez Moolenaar Turner The yeas and nays were ordered. AND EXPAND THE AMERICAN Hahn Moore Upton Hanna Moulton Valadao The SPEAKER pro tempore. This ECONOMY ACT Hardy Mullin Van Hollen will be a 5-minute vote. Harper Murphy (FL) The SPEAKER pro tempore. The un- Vargas Hartzler Nadler The vote was taken by electronic de- Veasey finished business is the vote on order- Hastings Napolitano Vela vice, and there were—yeas 275, nays ing the previous question on the reso- Heck (WA) Neal Vela´ zquez 154, not voting 5, as follows: lution (H. Res. 450) providing for con- Herrera Beutler Newhouse Higgins Nolan Wagner [Roll No. 573] sideration of the bill (H.R. 597) to reau- Walorski Himes Norcross YEAS—275 thorize the Export-Import Bank of the Hinojosa O’Rourke Walters, Mimi United States, and for other purposes, Honda Palazzo Walz Abraham Castor (FL) Diaz-Balart Wasserman Adams Castro (TX) Dingell on which the yeas and nays were or- Hoyer Pallone Huffman Pascrell Schultz Aderholt Chu, Judy Doggett dered. Hultgren Payne Waters, Maxine Aguilar Cicilline Dold The Clerk read the title of the resolu- Hunter Pelosi Watson Coleman Ashford Clark (MA) Donovan Barletta Clarke (NY) Doyle, Michael tion. Israel Perlmutter Weber (TX) Jackson Lee Peters Welch Barton Clay F. The SPEAKER pro tempore. The Jeffries Peterson Whitfield Bass Cleaver Duckworth question is on ordering the previous Johnson (GA) Pingree Wilson (FL) Beatty Clyburn Edwards Johnson (OH) Pitts Wilson (SC) Becerra Cohen Ellison question. Benishek Cole Ellmers (NC) This is a 5-minute vote. Johnson, E. B. Pocan Womack Jolly Poe (TX) Yarmuth Bera Collins (NY) Engel The vote was taken by electronic de- Joyce Polis Young (AK) Beyer Comstock Eshoo vice, and there were—yeas 271, nays Bishop (GA) Connolly Esty NAYS—158 Blumenauer Conyers Farr 158, not voting 5, as follows: Bonamici Cook Fattah [Roll No. 572] Abraham Chaffetz Garrett Bost Cooper Fincher Allen Clawson (FL) Gibbs Boustany Costa Fitzpatrick YEAS—271 Amash Coffman Gohmert Boyle, Brendan Costello (PA) Foster Adams Boyle, Brendan Castor (FL) Babin Collins (GA) Goodlatte F. Courtney Frankel (FL) Aderholt F. Castro (TX) Barr Conaway Gosar Brady (PA) Cramer Frelinghuysen Aguilar Brady (PA) Chu, Judy Benishek Culberson Gowdy Brady (TX) Crenshaw Fudge Amodei Brooks (IN) Cicilline Bilirakis Denham Granger Brooks (IN) Crowley Gabbard Ashford Brown (FL) Clark (MA) Bishop (MI) DeSantis Graves (GA) Brown (FL) Cuellar Gallego Barletta Brownley (CA) Clarke (NY) Bishop (UT) DesJarlais Graves (LA) Brownley (CA) Cummings Garamendi Barton Buchanan Clay Black Duffy Grayson Buchanan Curbelo (FL) Gibson Bass Bucshon Cleaver Blackburn Duncan (SC) Griffith Bucshon Davis (CA) Graham Bustos Clyburn Blum Duncan (TN) Grothman Bustos Davis, Danny Graves (MO) Beatty Butterfield Cohen Brady (TX) Emmer (MN) Guinta Butterfield Davis, Rodney Green, Al Becerra Calvert Cole Brat Farenthold Guthrie Calvert DeFazio Green, Gene Bera Capps Collins (NY) Bridenstine Fleischmann Harris Capps DeGette Grijalva Beyer Capuano Comstock Brooks (AL) Fleming Heck (NV) Capuano Delaney Gutie´rrez Bishop (GA) Ca´ rdenas Connolly Buck Flores Hensarling Ca´ rdenas DeLauro Hahn Blumenauer Carney Conyers Burgess Forbes Hice, Jody B. Carney DelBene Hanna Bonamici Carson (IN) Cook Byrne Fortenberry Hill Carson (IN) Dent Hardy Bost Carter (GA) Cooper Carter (TX) Foxx Holding Carter (GA) DeSaulnier Harper Boustany Cartwright Costa Chabot Franks (AZ) Hudson Cartwright Deutch Hartzler

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.010 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7217 Hastings Maloney, Russell Rouzer Smith (NE) Westerman Sec. 202. Report on programs for small and Heck (WA) Carolyn Ryan (OH) Royce Smith (TX) Westmoreland medium-sized businesses. Herrera Beutler Maloney, Sean Sa´ nchez, Linda Ryan (WI) Stewart Williams TITLE III—MODERNIZATION OF Higgins Marino T. Salmon Stutzman Wittman Himes Matsui Sanchez, Loretta Sanford Thornberry Woodall OPERATIONS Hinojosa McCollum Sarbanes Scalise Tipton Yoder Sec. 301. Electronic payments and docu- Honda McDermott Schakowsky Schweikert Trott Yoho ments. Hoyer McGovern Schiff Scott, Austin Visclosky Young (IA) Sec. 302. Reauthorization of information Sensenbrenner Walberg Huffman McMorris Schrader Young (IN) Rodgers Sessions Walden technology updating. Hultgren Scott (VA) Zeldin McNerney Shimkus Walker TITLE IV—GENERAL PROVISIONS Hunter Scott, David Zinke Israel Meehan Serrano Shuster Webster (FL) Sec. 401. Extension of authority. Jackson Lee Meng Sewell (AL) Smith (MO) Wenstrup Mica Sec. 402. Certain updated loan terms and Jeffries Sherman NOT VOTING—5 amounts. Johnson (GA) Moolenaar Simpson Johnson (OH) Moore Sinema Amodei Pearce Takai TITLE V—OTHER MATTERS Johnson, E. B. Moulton Sires Meeks Roskam Sec. 501. Prohibition on discrimination Mullin Jolly Slaughter Murphy (FL) b 1440 based on industry. Joyce Smith (NJ) Nadler Sec. 502. Negotiations to end export credit Kaptur Smith (WA) Napolitano So the resolution was agreed to. financing. Katko Speier Neal The result of the vote was announced Keating Stefanik Sec. 503. Study of financing for information Newhouse Kelly (IL) Stivers as above recorded. and communications tech- Nolan Kelly (MS) Swalwell (CA) A motion to reconsider was laid on nology systems. Norcross Takano Kelly (PA) O’Rourke the table. TITLE I—TAXPAYER PROTECTION PROVI- Kennedy Palazzo Thompson (CA) Stated for: SIONS AND INCREASED ACCOUNT- Kildee Thompson (MS) Pallone Ms. GRANGER. Mr. Speaker, on rollcall ABILITY Kilmer Pascrell Thompson (PA) SEC. 101. REDUCTION IN AUTHORIZED AMOUNT Kind Payne Tiberi 573, I would like to be recorded as voting OF OUTSTANDING LOANS, GUARAN- King (NY) Pelosi Titus ‘‘yea.’’ TEES, AND INSURANCE. Kinzinger (IL) Perlmutter Tonko Stated against: Kirkpatrick Torres Section 6(a) of the Export-Import Bank Peters Mr. BRADY of Texas. Mr. Speaker, I hur- Knight Peterson Tsongas Act of 1945 (12 U.S.C. 635e(a)) is amended— Kuster Pingree Turner riedly returned to the House chamber from a (1) by redesignating paragraph (3) as para- Langevin Pitts Upton meeting. I voted ‘‘yes’’ on rollcall 573. I in- graph (4); and Larsen (WA) Pocan Valadao Larson (CT) Van Hollen tended to vote ‘‘no.’’ (2) by striking paragraph (2) and inserting Poe (TX) the following: Lawrence Polis Vargas f Lee Price (NC) Veasey ‘‘(2) APPLICABLE AMOUNT DEFINED.—In this Levin Quigley Vela EXPORT-IMPORT BANK REFORM subsection, the term ‘applicable amount’, for Lewis Rangel Vela´ zquez AND REAUTHORIZATION ACT OF each of fiscal years 2015 through 2019, means Lieu, Ted Reed Wagner 2015 $135,000,000,000. Walorski Lipinski Reichert ‘‘(3) FREEZING OF LENDING CAP IF DEFAULT LoBiondo Walters, Mimi Renacci The SPEAKER pro tempore. Pursu- RATE IS 2 PERCENT OR MORE.—If the rate cal- Loebsack Walz Ribble ant to House Resolution 450, the House culated under section 8(g)(1) is 2 percent or Lofgren Rice (NY) Wasserman will proceed to the immediate consid- Long Rice (SC) Schultz more for a quarter, the Bank may not exceed Lowenthal Richmond Waters, Maxine eration of the bill (H.R. 597) to reau- the amount of loans, guarantees, and insur- Lowey Rigell Watson Coleman thorize the Export-Import Bank of the ance outstanding on the last day of that Lucas Rogers (AL) Weber (TX) United States, and for other purposes, quarter until the rate calculated under sec- Luetkemeyer Rogers (KY) Welch tion 8(g)(1) is less than 2 percent.’’. Lujan Grisham Rooney (FL) Whitfield which the Clerk will report by title. SEC. 102. INCREASE IN LOSS RESERVES. (NM) Ros-Lehtinen Wilson (FL) The Clerk read the title of the bill. Luja´ n, Ben Ray Roybal-Allard Wilson (SC) The SPEAKER pro tempore. Pursu- (a) IN GENERAL.—Section 6 of the Export- (NM) Ruiz Womack ant to House Resolution 450, the Import Bank Act of 1945 (12 U.S.C. 635e) is Lynch Ruppersberger Yarmuth amended— MacArthur Rush Young (AK) amendment in the nature of a sub- (1) by redesignating subsection (b) as sub- stitute consisting of the text of H.R. section (c); and NAYS—154 3611 is adopted, and the bill, as amend- (2) by inserting after subsection (a) the fol- Allen Franks (AZ) Latta ed, is considered read. lowing: Amash Garrett Loudermilk The text of the bill, as amended, is as ‘‘(b) RESERVE REQUIREMENT.—The Bank Babin Gibbs Love follows: shall build to and hold in reserve, to protect Barr Gohmert Lummis against future losses, an amount that is not Bilirakis Goodlatte Marchant H.R. 597 less than 5 percent of the aggregate amount Bishop (MI) Gosar Massie Be it enacted by the Senate and House of Rep- Bishop (UT) Gowdy McCarthy of disbursed and outstanding loans, guaran- Black Granger McCaul resentatives of the United States of America in tees, and insurance of the Bank.’’. Blackburn Graves (GA) McClintock Congress assembled, (b) EFFECTIVE DATE.—The amendment Blum Graves (LA) McHenry SECTION 1. SHORT TITLE; TABLE OF CONTENTS. made by subsection (a) shall take effect on Brat Grayson McKinley (a) SHORT TITLE.—This Act may be cited as the date that is one year after the date of the Bridenstine Griffith McSally the ‘‘Export-Import Bank Reform and Reau- enactment of this Act. Brooks (AL) Grothman Meadows Buck Guinta Messer thorization Act of 2015’’. SEC. 103. REVIEW OF FRAUD CONTROLS. Burgess Guthrie Miller (FL) (b) TABLE OF CONTENTS.—The table of con- Section 17(b) of the Export-Import Bank Byrne Harris Miller (MI) tents for this Act is as follows: Reauthorization Act of 2012 (12 U.S.C. 635a– Carter (TX) Heck (NV) Mooney (WV) Sec. 1. Short title; table of contents. 6(b)) is amended to read as follows: Chabot Hensarling Mulvaney ‘‘(b) REVIEW OF FRAUD CONTROLS.—Not Chaffetz Hice, Jody B. Murphy (PA) TITLE I—TAXPAYER PROTECTION PRO- Clawson (FL) Hill Neugebauer VISIONS AND INCREASED ACCOUNT- later than 4 years after the date of the enact- Coffman Holding Noem ABILITY ment of the Export-Import Bank Reform and Reauthorization Act of 2015, and every 4 Collins (GA) Hudson Nugent Sec. 101. Reduction in authorized amount of Conaway Huelskamp Nunes years thereafter, the Comptroller General of outstanding loans, guarantees, Crawford Huizenga (MI) Olson the United States shall— and insurance. Culberson Hurd (TX) Palmer ‘‘(1) review the adequacy of the design and Sec. 102. Increase in loss reserves. Denham Hurt (VA) Paulsen effectiveness of the controls used by the Ex- DeSantis Issa Perry Sec. 103. Review of fraud controls. port-Import Bank of the United States to DesJarlais Jenkins (KS) Pittenger Sec. 104. Office of Ethics. prevent, detect, and investigate fraudulent Duffy Jenkins (WV) Poliquin Sec. 105. Chief Risk Officer. applications for loans and guarantees and Duncan (SC) Johnson, Sam Pompeo Sec. 106. Risk Management Committee. Duncan (TN) Jones Posey the compliance by the Bank with the con- Sec. 107. Independent audit of bank port- Emmer (MN) Jordan Price, Tom trols, including by auditing a sample of Bank folio. Farenthold King (IA) Ratcliffe transactions; and Sec. 108. Pilot program for reinsurance. Fleischmann Kline Roby ‘‘(2) submit a written report regarding the Fleming Labrador Roe (TN) TITLE II—PROMOTION OF SMALL findings of the review and providing such Flores LaHood Rohrabacher BUSINESS EXPORTS Forbes LaMalfa Rokita recommendations with respect to the con- Fortenberry Lamborn Ross Sec. 201. Increase in small business lending trols described in paragraph (1) as the Comp- Foxx Lance Rothfus requirements. troller General deems appropriate to—

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.015 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7218 CONGRESSIONAL RECORD — HOUSE October 27, 2015 ‘‘(A) the Committee on Banking, Housing, ‘‘(i) with a demonstrated ability in the the Export-Import Bank Act of 1945, as and Urban Affairs and the Committee on Ap- general management of, and knowledge of amended by section 105. propriations of the Senate; and and extensive practical experience in, finan- (b) REPORT.—Not later than one year after ‘‘(B) the Committee on Financial Services cial risk evaluation practices in large gov- the date of the enactment of this Act, and and the Committee on Appropriations of the ernmental or business entities; and not less frequently than every 3 years there- House of Representatives.’’. ‘‘(ii) who are not serving in a position re- after, the Inspector General shall submit to SEC. 104. OFFICE OF ETHICS. quiring appointment by the President of the the Committee on Banking, Housing, and Section 3 of the Export-Import Bank Act of United States before being appointed to be Urban Affairs of the Senate and the Com- 1945 (12 U.S.C. 635a) is amended by adding at Chief Risk Officer; and mittee on Financial Services of the House of the end the following: ‘‘(B) approved by the Board. Representatives a written report containing ‘‘(k) OFFICE OF ETHICS.— ‘‘(3) DUTIES.—The duties of the Chief Risk all findings and determinations made in car- ‘‘(1) ESTABLISHMENT.—There is established Officer are— rying out subsection (a). ‘‘(A) to be responsible for all matters re- an Office of Ethics within the Bank, which SEC. 108. PILOT PROGRAM FOR REINSURANCE. shall oversee all ethics issues within the lated to managing and mitigating all risk to Bank. which the Bank is exposed, including the (a) IN GENERAL.—Notwithstanding any pro- vision of the Export-Import Bank Act of 1945 ‘‘(2) HEAD OF OFFICE.— programs and operations of the Bank; (12 U.S.C. 635 et seq.), the Export-Import ‘‘(A) IN GENERAL.—The head of the Office of ‘‘(B) to establish policies and processes for Ethics shall be the Chief Ethics Officer, who risk oversight, the monitoring of manage- Bank of the United States (in this section re- shall report to the Board of Directors. ment compliance with risk limits, and the ferred to as the ‘‘Bank’’) may establish a pilot program under which the Bank may ‘‘(B) APPOINTMENT.—Not later than 180 management of risk exposures and risk con- days after the date of the enactment of the trols across the Bank; enter into contracts and other arrangements Export-Import Bank Reform and Reauthor- ‘‘(C) to be responsible for the planning and to share risks associated with the provision ization Act of 2015, the Chief Ethics Officer execution of all Bank risk management ac- of guarantees, insurance, or credit, or the shall be— tivities, including policies, reporting, and participation in the extension of credit, by ‘‘(i) appointed by the President of the Bank systems to achieve strategic risk objectives; the Bank under that Act. from among persons— ‘‘(D) to develop an integrated risk manage- (b) LIMITATIONS ON AMOUNT OF RISK-SHAR- ‘‘(I) with a background in law who have ex- ment program that includes identifying, ING.— perience in the fields of law and ethics; and prioritizing, measuring, monitoring, and (1) PER CONTRACT OR OTHER ARRANGE- ‘‘(II) who are not serving in a position re- managing internal control and operating MENT.—The aggregate amount of liability quiring appointment by the President of the risks and other identified risks; the Bank may transfer through risk-sharing United States before being appointed to be ‘‘(E) to ensure that the process for risk as- pursuant to a contract or other arrangement Chief Ethics Officer; and sessment and underwriting for individual entered into under subsection (a) may not ‘‘(ii) approved by the Board. transactions considers how each such trans- exceed $1,000,000,000. ‘‘(C) DESIGNATED AGENCY ETHICS OFFICIAL.— action considers the effect of the transaction (2) PER YEAR.—The aggregate amount of li- The Chief Ethics Officer shall serve as the on the concentration of exposure in the over- ability the Bank may transfer through risk- designated agency ethics official for the all portfolio of the Bank, taking into ac- sharing during a fiscal year pursuant to con- Bank pursuant to the Ethics in Government count fees, collateralization, and historic de- tracts or other arrangements entered into Act of 1978 (5 U.S.C. App. 101 et seq.). fault rates; and under subsection (a) during that fiscal year ‘‘(3) DUTIES.—The Office of Ethics has ju- ‘‘(F) to review the adequacy of the use by may not exceed $10,000,000,000. risdiction over all employees of, and ethics the Bank of qualitative metrics to assess the (c) ANNUAL REPORTS.—Not later than one matters relating to, the Bank. With respect risk of default under various scenarios.’’. year after the date of the enactment of this to employees of the Bank, the Office of Eth- SEC. 106. RISK MANAGEMENT COMMITTEE. Act, and annually thereafter through 2019, ics shall— (a) IN GENERAL.—Section 3 of the Export- the Bank shall submit to Congress a written ‘‘(A) recommend administrative actions to Import Bank Act of 1945 (12 U.S.C. 635a), as report that contains a detailed analysis of establish or enforce standards of official con- amended by sections 104 and 105, is further the use of the pilot program carried out duct; amended by adding at the end the following: under subsection (a) during the year pre- ‘‘(B) refer to the Office of the Inspector ‘‘(m) RISK MANAGEMENT COMMITTEE.— ceding the submission of the report. General of the Bank alleged violations of— ‘‘(1) ESTABLISHMENT.—There is established (d) RULE OF CONSTRUCTION.—Nothing in ‘‘(i) the standards of ethical conduct appli- a management committee to be known as this section shall be construed to affect, im- to employees of the Bank under parts the ‘Risk Management Committee’. pede, or revoke any authority of the Bank. 2635 and 6201 of title 5, Code of Federal Regu- ‘‘(2) MEMBERSHIP.—The membership of the (e) TERMINATION.—The pilot program car- lations; Risk Management Committee shall be the ried out under subsection (a) shall terminate ‘‘(ii) the standards of ethical conduct es- members of the Board of Directors, with the on September 30, 2019. tablished by the Chief Ethics Officer; and President and First Vice President of the ‘‘(iii) any other laws, rules, or regulations Bank serving as ex officio members. TITLE II—PROMOTION OF SMALL governing the performance of official duties ‘‘(3) DUTIES.—The duties of the Risk Man- BUSINESS EXPORTS or the discharge of official responsibilities agement Committee shall be— SEC. 201. INCREASE IN SMALL BUSINESS LEND- that are applicable to employees of the ‘‘(A) to oversee, in conjunction with the ING REQUIREMENTS. Bank; Office of the Chief Financial Officer of the (a) IN GENERAL.—Section 2(b)(1)(E)(v) of ‘‘(C) report to appropriate Federal or State Bank— the Export-Import Bank Act of 1945 (12 authorities substantial evidence of a viola- ‘‘(i) periodic stress testing on the entire U.S.C. 635(b)(1)(E)(v)) is amended by striking tion of any law applicable to the perform- Bank portfolio, reflecting different market, ‘‘20 percent’’ and inserting ‘‘25 percent’’. ance of official duties that may have been industry, and macroeconomic scenarios, and (b) EFFECTIVE DATE.—The amendment disclosed to the Office of Ethics; and consistent with common practices of com- made by subsection (a) shall apply with re- ‘‘(D) render advisory opinions regarding mercial and multilateral development banks; spect to fiscal year 2016 and each fiscal year the propriety of any current or proposed con- and thereafter. duct of an employee or contractor of the ‘‘(ii) the monitoring of industry, geo- Bank, and issue general guidance on such graphic, and obligor exposure levels; and SEC. 202. REPORT ON PROGRAMS FOR SMALL matters as necessary.’’. ‘‘(B) to review all required reports on the AND MEDIUM-SIZED BUSINESSES. SEC. 105. CHIEF RISK OFFICER. default rate of the Bank before submission to (a) IN GENERAL.—Section 8 of the Export- Section 3 of the Export-Import Bank Act of Congress under section 8(g).’’. Import Bank Act of 1945 (12 U.S.C. 635g) is 1945 (12 U.S.C. 635a), as amended by section (b) TERMINATION OF AUDIT COMMITTEE.— amended by adding at the end the following: 104, is further amended by adding at the end Not later than 180 days after the date of the ‘‘(k) REPORT ON PROGRAMS FOR SMALL AND the following: enactment of this Act, the Board of Direc- MEDIUM-SIZED BUSINESSES.—The Bank shall ‘‘(l) CHIEF RISK OFFICER.— tors of the Export-Import Bank of the United include in its annual report to Congress ‘‘(1) IN GENERAL.—There shall be a Chief States shall revise the bylaws of the Bank to under subsection (a) a report on the pro- Risk Officer of the Bank, who shall— terminate the Audit Committee established grams of the Bank for United States busi- ‘‘(A) oversee all issues relating to risk by section 7 of the bylaws. nesses with less than $250,000,000 in annual within the Bank; and SEC. 107. INDEPENDENT AUDIT OF BANK PORT- sales.’’. ‘‘(B) report to the President of the Bank. FOLIO. (b) EFFECTIVE DATE.—The amendment ‘‘(2) APPOINTMENT.—Not later than 180 days (a) AUDIT.—The Inspector General of the made by subsection (a) shall apply with re- after the date of the enactment of the Ex- Export-Import Bank of the United States spect to the report of the Export-Import port-Import Bank Reform and Reauthoriza- shall conduct an audit or evaluation of the Bank of the United States submitted to Con- tion Act of 2015, the Chief Risk Officer shall portfolio risk management procedures of the gress under section 8 of the Export-Import be— Bank, including a review of the implementa- Bank Act of 1945 (12 U.S.C. 635g) for the first ‘‘(A) appointed by the President of the tion by the Bank of the duties assigned to year that begins after the date of the enact- Bank from among persons— the Chief Risk Officer under section 3(l) of ment of this Act.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.013 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7219 TITLE III—MODERNIZATION OF Diligence, as adopted by the Organisation for Urban Affairs of the Senate and the Com- OPERATIONS Economic Co-operation and Development mittee on Financial Services of the House of SEC. 301. ELECTRONIC PAYMENTS AND DOCU- Council on June 28, 2012, and the risk-man- Representatives a report on the progress of MENTS. agement framework adopted by financial in- any negotiations described in subsection Section 2(b)(1) of the Export-Import Bank stitutions for determining, assessing, and (d).’’. Act of 1945 (12 U.S.C. 635(b)(1)) is amended by managing environmental and social risk in (b) EFFECTIVE DATE.—The amendments adding at the end the following: projects (commonly referred to as the ‘Equa- made by paragraphs (1) and (2) of subsection ‘‘(M) Not later than 2 years after the date tor Principles’)) or more’’. (a) shall apply with respect to reports re- of the enactment of the Export-Import Bank (e) EFFECTIVE DATE.—The amendments quired to be submitted under section 11(b) of Reform and Reauthorization Act of 2015, the made by this section shall apply with respect the Export-Import Bank Reauthorization Bank shall implement policies— to fiscal year 2016 and each fiscal year there- Act of 2012 (12 U.S.C. 635a–5(b)) after the date ‘‘(i) to accept electronic documents with after. of the enactment of this Act. respect to transactions whenever possible, SEC. 503. STUDY OF FINANCING FOR INFORMA- TITLE V—OTHER MATTERS TION AND COMMUNICATIONS TECH- including copies of bills of lading, certifi- SEC. 501. PROHIBITION ON DISCRIMINATION NOLOGY SYSTEMS. cations, and compliance documents, in such BASED ON INDUSTRY. (a) ANALYSIS OF INFORMATION AND COMMU- manner so as not to undermine any potential Section 2 of the Export-Import Bank Act of NICATIONS TECHNOLOGY INDUSTRY USE OF civil or criminal enforcement related to the 1945 (6 U.S.C. 635 et seq.) is amended by add- BANK PRODUCTS.—The Export-Import Bank transactions; and ing at the end the following: of the United States (in this section referred ‘‘(ii) to accept electronic payments in all ‘‘(k) PROHIBITION ON DISCRIMINATION BASED to as the ‘‘Bank’’) shall conduct a study of of its programs.’’. ON INDUSTRY.— the extent to which the products offered by SEC. 302. REAUTHORIZATION OF INFORMATION ‘‘(1) IN GENERAL.—Except as provided in the Bank are available and used by compa- TECHNOLOGY UPDATING. this Act, the Bank may not— nies that export information and commu- Section 3(j) of the Export-Import Act of ‘‘(A) deny an application for financing nications technology services and related 1945 (12 U.S.C. 635a(j)) is amended— based solely on the industry, sector, or busi- goods. (1) in paragraph (1), in the matter pre- ness that the application concerns; or (b) ELEMENTS.—In conducting the study re- ceding subparagraph (A), by striking ‘‘2012, ‘‘(B) promulgate or implement policies quired by subsection (a), the Bank shall ex- 2013, and 2014’’ and inserting ‘‘2015 through that discriminate against an application amine the following: 2019’’; based solely on the industry, sector, or busi- (1) The number of jobs in the United States (2) in paragraph (2)(B), by striking ‘‘(I) the ness that the application concerns. that are supported by the export of informa- funds’’ and inserting ‘‘(i) the funds’’; and ‘‘(2) APPLICABILITY.—The prohibitions tion and communications technology serv- (3) in paragraph (3), by striking ‘‘2012, 2013, under paragraph (1) apply only to applica- ices and related goods, and the degree to and 2014’’ and inserting ‘‘2015 through 2019’’. tions for financing by the Bank for projects which access to financing will increase ex- TITLE IV—GENERAL PROVISIONS concerning the exploration, development, ports of such services and related goods. (2) The reduction in the financing by the SEC. 401. EXTENSION OF AUTHORITY. production, or export of energy sources and Bank of exports of information and commu- (a) IN GENERAL.—Section 7 of the Export- the generation or transmission of electrical nications technology services from 2003 Import Bank Act of 1945 (12 U.S.C. 635f) is power, or combined heat and power, regard- through 2014. amended by striking ‘‘2014’’ and inserting less of the energy source involved.’’. (3) The activities of foreign export credit ‘‘2019’’. SEC. 502. NEGOTIATIONS TO END EXPORT CRED- agencies to facilitate the export of informa- (b) DUAL-USE EXPORTS.—Section 1(c) of IT FINANCING. tion and communications technology serv- Public Law 103–428 (12 U.S.C. 635 note) is (a) IN GENERAL.—Section 11 of the Export- ices and related goods. amended by striking ‘‘September 30, 2014’’ Import Bank Reauthorization Act of 2012 (12 (4) Specific proposals for how the Bank and inserting ‘‘the date on which the author- U.S.C. 635a–5) is amended— could provide additional financing for the ex- ity of the Export-Import Bank of the United (1) in subsection (a)— portation of information and communica- States expires under section 7 of the Export- (A) in the matter preceding paragraph (1), tions technology services and related goods Import Bank Act of 1945 (12 U.S.C. 635f)’’. by striking ‘‘Secretary of the Treasury (in through risk-sharing with other export cred- (c) SUB-SAHARAN AFRICA ADVISORY COM- this section referred to as the ‘Secretary’)’’ it agencies and other third parties. MITTEE.—Section 2(b)(9)(B)(iii) of the Export- and inserting ‘‘President’’; and (5) Proposals for new products the Bank Import Bank Act of 1945 (12 U.S.C. (B) in paragraph (1)— could offer to provide financing for exports 635(b)(9)(B)(iii)) is amended by striking ‘‘Sep- (i) by striking ‘‘(OECD)’’ and inserting ‘‘(in of information and communications tech- tember 30, 2014’’ and inserting ‘‘the date on this section referred to as the ‘OECD’)’’; and nology services and related goods, includ- which the authority of the Bank expires (ii) by striking ‘‘ultimate goal of elimi- ing— under section 7’’. nating’’ and inserting ‘‘possible goal of (A) the extent to which the Bank is author- (d) EFFECTIVE DATE.—The amendments eliminating, before the date that is 10 years made by this section shall take effect on the after the date of the enactment of the Ex- ized to offer new products; earlier of the date of the enactment of this port-Import Bank Reform and Reauthoriza- (B) the extent to which the Bank would Act or June 30, 2015. tion Act of 2015,’’; need additional authority to offer new prod- ucts to meet the needs of the information SEC. 402. CERTAIN UPDATED LOAN TERMS AND (2) in subsection (b), by striking ‘‘Sec- and communications technology industry; AMOUNTS. retary’’ each place it appears and inserting (C) specific proposals for changes in law (a) LOAN TERMS FOR MEDIUM-TERM FINANC- ‘‘President’’; and that would enable the Bank to provide in- ING.—Section 2(a)(2)(A) of the Export-Import (3) by adding at the end the following: creased financing for exports of information Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is ‘‘(c) REPORT ON STRATEGY.—Not later than amended— 180 days after the date of the enactment of and communications technology services and (1) in clause (i), by striking ‘‘; and’’ and in- the Export-Import Bank Reform and Reau- related goods in compliance with the credit serting a semicolon; and thorization Act of 2015, the President shall and risk standards of the Bank; (2) by adding at the end the following: submit to Congress a proposal, and a strat- (D) specific proposals that would enable ‘‘(iii) with principal amounts of not more egy for achieving the proposal, that the the Bank to provide increased outreach to than $25,000,000; and’’. United States Government will pursue with the information and communications tech- nology industry about the products the Bank (b) COMPETITIVE OPPORTUNITIES RELATING other major exporting countries, including offers; and TO INSURANCE.—Section 2(d)(2) of the Export- OECD members and non-OECD members, to Import Bank Act of 1945 (12 U.S.C. 635(d)(2)) eliminate over a period of not more than 10 (E) specific proposals for changes in law is amended by striking ‘‘$10,000,000’’ and in- years subsidized export-financing programs, that would enable the Bank to provide the fi- serting ‘‘$25,000,000’’. tied aid, export credits, and all other forms nancing to build information and commu- (c) EXPORT AMOUNTS FOR SMALL BUSINESS of government-supported export subsidies. nications technology infrastructure, in com- LOANS.—Section 3(g)(3) of the Export-Import ‘‘(d) NEGOTIATIONS WITH NON-OECD MEM- pliance with the credit and risk standards of Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is BERS.—The President shall initiate and pur- the Bank, to allow for market access oppor- amended by striking ‘‘$10,000,000’’ and insert- sue negotiations with countries that are not tunities for United States information and ing ‘‘$25,000,000’’. OECD members to bring those countries into communications technology companies to (d) CONSIDERATION OF ENVIRONMENTAL EF- a multilateral agreement establishing rules provide services on the infrastructure being FECTS.—Section 11(a)(1)(A) of the Export-Im- and limitations on officially supported ex- financed by the Bank. port Bank Act of 1945 (12 U.S.C. 635i– port credits. (c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the 5(a)(1)(A)) is amended by striking ‘‘$10,000,000 ‘‘(e) ANNUAL REPORTS ON PROGRESS OF NE- Bank shall submit to Congress a report that or more’’ and inserting the following: GOTIATIONS.—Not later than 180 days after contains the results of the study required by ‘‘$25,000,000 (or, if less than $25,000,000, the the date of the enactment of the Export-Im- subsection (a). threshold established pursuant to inter- port Bank Reform and Reauthorization Act national agreements, including the Common of 2015, and annually thereafter through cal- The SPEAKER pro tempore. The bill Approaches for Officially Supported Export endar year 2019, the President shall submit shall be debatable for 1 hour equally di- Credits and Environmental and Social Due to the Committee on Banking, Housing, and vided and controlled by the chair and

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.013 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7220 CONGRESSIONAL RECORD — HOUSE October 27, 2015 ranking minority member of the Com- tality on the social side of our spend- there are plenty of other ways to ex- mittee on Financial Services or their ing? pand opportunity in this country, and designees. So it is sad to believe, in my mind, corporate welfare is not one of them. The gentleman from Texas (Mr. HEN- that some people think that this is the The biggest beneficiaries of this SARLING) and the gentlewoman from only or the best program that we can bank, two-thirds of their money goes California (Ms. MAXINE WATERS) each put forward for the U.S. to remain to ten companies and 40 percent goes to will control 30 minutes. competitive on the world stage. one company. And this bank does cost The Chair recognizes the gentleman We know that we have put ourselves money. Just ask the Congressional from Texas. at a disadvantage through the regu- Budget Office when they use real Mr. HENSARLING. Mr. Speaker, I latory environment that has been cre- scorekeeping. yield myself 30 seconds. ated not only under this administra- Do you remember Fannie Mae? Do Mr. Speaker, this is going to be an tion, but under previous administra- you remember their accounting? Do important debate that we have today tions as well. We know that the tax re- you remember when they told us they because it is a debate about what type gime that we have is also a huge prob- weren’t going to cost any money? Until of economy we are going to have: an lem. they did. And it cost us billions. economy based upon fairness, where I just ask that my colleagues oppose The other excuse, Mr. Speaker, that I your prosperity is dependent upon how this effort to make sure that it is sta- just don’t buy is that other countries hard you work on Main Street; or is it tus quo in Washington, D.C. do this and so should we. We shouldn’t dependent upon who you know in Ms. MAXINE WATERS of California. acquire other countries’ bad habits. We Washington? Mr. Speaker, I yield myself 2 minutes. should be leading by example. We Mr. Speaker, yesterday this House b 1445 should be exporting democratic cap- took a historic and bipartisan vote in italism, not crony capitalism. I respect the views of all Members, support of reauthorizing the Export- but if we are ever—ever—to deal with There is this criticism of those of the Import Bank. We showed that Demo- free enterprise system who compare it the threat of a social welfare state, we crats and Republicans can work to- must first take care of the corporate to competition like a sport where the gether to overcome the obstruction critics of free enterprise say there is a welfare state, and the face of the cor- caused by an ideologically driven mi- porate welfare state is the Export-Im- winner and there is a loser, just like a nority that put its own uncompro- boxing match or a football game. port Bank. mising principles over the needs of the Well, that is true when it comes to I yield 2 minutes to the gentleman American people. crony capitalism. That is the case from Michigan (Mr. HUIZENGA), the The 4-month shutdown of the Export- when it comes to corporate welfare be- chairman of the Monetary Policy and Import Bank engineered by the chair- cause, in that case, the winner is the Trade Subcommittee of the Financial man of the Financial Services Com- person with the connections, it is the Services Committee mittee has led to hopelessness, uncer- company with power, and it is the com- Mr. HUIZENGA of Michigan. Mr. tainty, and fear for the many workers pany with clout. Speaker, I appreciate the work that my across this country whose livelihoods The loser is the person who is out chairman has done. I chair the Mone- rely on the support of the Ex-Im Bank. tary Policy and Trade Subcommittee, As reports continued to pile in on the there working hard, playing by the the subcommittee that has jurisdiction loss of jobs caused by the Bank’s shut- rules, not knowing anybody, not going directly over this. down, the chairman has remained de- to Washington, and hoping and think- In the last conference when I was liberately indifferent to the harm in- ing that the merit of their idea and the vice chair of that committee, we start- flicted on the lives of these Americans. quality of their work is what will win ed a work group looking at various re- The cost of this indifference is more the day. That is what is rewarded forms that could happen, and that con- than 100 transactions worth more than under a free enterprise system. tinued on into this term. We had a $9 billion that have been indefinitely Free enterprise is more about col- number of us on all sides of the issue put on hold pending the Bank’s reau- laboration. It is more about trans- that were working together. thorization. Unfortunately, many of actions of mutual benefit where every- The real problem arose, though, when these contracts have now been lost for body benefits, the rising tide lifts all those of us who felt that we needed to good. boats, equality for all, and equal oppor- move in a direction where we were Today we are showing the small-busi- tunity. That is free enterprise. That is transferring that liability from the ness owners and their employees that small d, democratic capitalism. This taxpayer back to businesses—when we this indifference does not extend to the thing is crony capitalism. I urge it be felt that we were proposing some of whole House of Representatives. Sup- rejected. those reforms, those who were most porters of the Bank care about them, Ms. MAXINE WATERS of California. benefiting from the program said: Ab- about their jobs and their commu- Mr. Speaker, I yield 2 minutes to the solutely not. Not a direction we can go. nities. gentlewoman from (Ms. Cannot be a phaseout. Cannot be a sun- It is high time we reopened the Ex- MOORE), a member of the Financial set. Cannot be a change to make these Im Bank for business. Instead of ship- Services Committee and the ranking recourse loans. Cannot make them ping jobs abroad, let’s start shipping member of the Monetary Policy and only loans as opposed to grants. In American exports again. Let’s put Trade Subcommittee, which has juris- other words, it was business as usual. America back to work and pass this diction over the reauthorization of the It might be a good business decision bill. Ex-Im Bank. I just want to take a mo- to transfer business liability and risk Mr. Speaker, I reserve the balance of ment to recognize her tireless work on to somebody else, but it is a bad idea to my time. behalf of the reauthorization of the Ex- transfer that additional liability to the Mr. HENSARLING. Mr. Speaker, I Im Bank. U.S. taxpayer. yield such time as he may consume to Ms. MOORE. I thank you so much, I think that we have a couple of the gentleman from Wisconsin (Mr. Madam Ranking Member. issues in front of us, Mr. Speaker, as RYAN), the distinguished chairman of Mr. Speaker, it is with great pleasure was talked about yesterday. First is the House Ways and Means Committee. that I rise to support this bipartisan the issue of the Ex-Im Bank and the Mr. RYAN of Wisconsin. Mr. Speaker, initiative to reauthorize the Export- entitlement mentality that has grown I thank the gentleman for yielding. Import Bank. The Export-Import Bank up, and that is just a symptom of it. Mr. Speaker, I want to express my is about three things in this country As the chairman has said, if we can- strong disapproval for this bill for the that we need to be debating here more not take care of and tackle this enti- Export-Import Bank. This is a pro- often, and that is jobs, jobs, and jobs. tlement mentality within the business found debate we are having. It is about Getting the bill to the floor for this community, how in the world are we what kind of economy we are going to historic vote is about something the going to have the moral standing to have. Are we going to reward good country also needs more of, and that is tackle that same entitlement men- work or good connections? I think bipartisanship.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.043 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7221 I am very distressed, Mr. Speaker, to ness. It is estimated that the Export- The Ex-Im for a generation has trans- continue to hear the debate that some- Import Bank has led to the loss of 7,500 ferred cash—the heck with your theo- how the financing of the Export-Import jobs in the American airline industry retical accounting model—transferred Bank is contributing to the welfare alone and a loss of over $684 million in cash into the U.S. Treasury, $675 mil- state and that, if we are to tackle the revenue. lion just last fall. social welfare programs under Social These are serious concerns at a time Let me say it again. Tonight we have Security, we have got to get rid of this when we should be fostering a climate an opportunity to vote for jobs. No corporate welfare. of healthy economic opportunity and more Waukesha, Wisconsins, Ms. I am distressed to continue to hear growth right here at home rather than MOORE, no more Waukesha, Wiscon- that defeating the Export-Import Bank a system that effectively chooses win- sins, where an entire factory is being is a backdoor approach to ending So- ners and losers. shuttered because we have failed to do cial Security. If you listen very care- It may not necessarily be the inten- our job in reauthorizing the Export-Im- fully, colleagues, you are going to hear tion of my colleagues who supported port Bank. this over and over again. this discharge petition effort to under- Mr. Speaker, I want to thank the I do want to thank Representatives mine the legislative process or to di- ranking member, the leader, the whip, HOYER, LUCAS, WATERS, HECK, FINCHER, minish the importance of our commit- and especially I want to thank my and the House Members on both sides tees or, above all, to limit what we can friends, Mr. LUCAS of Oklahoma and so that we can now go back to our dis- and should be having here, a healthy Mr. FINCHER of Tennessee, for their tricts, look U.S. workers in the eyes debate over legitimate policy disagree- profile in courage. It was, indeed, a and say that we are not giving them ments. profile in courage to do the right thing. welfare, that we are giving the thou- But, unfortunately, Mr. Speaker, Tonight we have an opportunity to put sands upon thousands upon thousands that is precisely what is occurring. American jobs first. Tonight we have of people in the chain an opportunity Therefore, I urge my colleagues to join an opportunity to put America first. to work for a living. This is not a Dem- me in opposing this process and to stop I don’t know about you, but I came ocrat or a Republican victory, but a this dangerous precedent from taking here from the private sector. I don’t re- root. victory for all our workers. side in some kind of fantasy plot with- Ms. MAXINE WATERS of California. I would ask that the body vote for in an novel. I live in the real I yield 2 minutes to the gentleman the reauthorization of the Export-Im- world, and in the real world we solve from Washington (Mr. HECK), a tireless port Bank. I hope the Senate takes our advocate for our exporters who has problems. This will solve problems. example and we send this to the Presi- never missed an opportunity to fight Vote ‘‘yes’’. dent for his signature. Our work and for the Export-Import Bank and the Mr. HENSARLING. Mr. Speaker, I our businesses should not have to wait American workers it supports. yield 1 minute to the gentleman from one more day to reignite this powerful Mr. HECK of Washington. Mr. Speak- Utah (Mr. CHAFFETZ), chairman of the engine of job creation. er, I thank the ranking member. Oversight and Government Reform Mr. HENSARLING. Mr. Speaker, I Mr. Speaker, watching the nonstop Committee that held a number of key yield 2 minutes to the gentleman from ideological warfare waged on the Ex- hearings on the Export-Import Bank. Georgia (Mr. PRICE), the distinguished port-Import Bank over the last nearly Mr. CHAFFETZ. Mr. Speaker, I stand chairman of the House Budget Com- 3 years reminds me of my very favorite to express opposition to the reauthor- mittee. Will Rogers adage: People feel about ization of the Export-Import Bank. Mr. PRICE of Georgia. Mr. Speaker, I Congress the same way they do when As we look at these weighty issues, I thank the chairman. baby gets hold of the hammer. And think it is important that we look at Mr. Speaker, this is a difficult and an that is, in fact, what we have been both the liability and the account- important issue. With all due respect, I treated to. ability in this factor. urge my colleagues to proceed with But the fact of the matter is today When you look at the reliability, caution regarding a reauthorization of we have an opportunity to turn that whenever we make decisions about the Export-Import Bank, particularly adage on its ear and do something that spending money, we are talking about under the procedural motion that has the American public will feel good pulling money out of somebody’s wal- been used to get this bill to the floor about Congress for, for today we have let and giving it to somebody else. today. an opportunity to vote for jobs, 164,000 b 1500 Many Members, including myself, in just last calendar year supported by have real concerns that we are the Ex-Im, good-paying jobs, send- And, in this case, as we look at liabil- sidestepping the important work of our your-kid-to-college jobs, buy-a-home ity, we are taking every American’s committees, in this case, both the Fi- jobs, take-a-vacation jobs, and have-a- wallet and putting it on the line and nancial Services Committee and the secure-retirement jobs. saying: Should we or should we not cre- Rules Committee. Mr. Speaker, tonight we have an op- ate liability for more individuals This leaves no room for amending or portunity to strengthen and protect across the heartland? And for mom and altering the legislation to better re- the manufacturing base of America, be- dad, I just don’t think that is the right flect the overall will of the House. This cause the truth of the matter is it is equation. I fundamentally disagree bill is, in fact, not even a product of not unrelated to our national defense with it. the House. It is the exact same text infrastructure. The same entities that If these are such good loans and they that was taken from the Senate, and, make up our manufacturing base keep are so profitable, then do them in the just like this one, it bypassed the com- us safe, and we should not forget that. private sector. You don’t need the Fed- mittee procedure over there as well. Tonight we have an opportunity, in- eral Government to do them. By shortchanging the process, this deed, to vote for reform of the Export- And when it comes to accountability. effort is shortchanging the debate that Import Bank despite the fact that it Let’s remember, this is a bank that we should be having about legitimate has a default rate that is the envy of just this year had a bank employee disagreements over the Export-Import commercial banks and a collection rate who plead guilty to bribery—bribery of Bank, and, thereby, we are short- as well. all things. The inspector general of the changing the American people. Mr. Speaker, the truth of the matter bank testified before our committee For example, we know that, by stat- is we can vote to increase loss reserves, that they expect even more actions. ute, 20 percent of the Export-Import improve risk management, modernize And the inspector general on one Bank’s authorizations are supposed to and update their IT, and notwith- project could not even validate more go to small businesses. Yet, today only standing what was said by the gen- than $500 million in spending. And I 1 percent of 1 percent of small busi- tleman from Michigan, it also has a can tell you, as the chairman of the nesses are actually aided by the Bank. pilot recourse program in it on the re- Oversight and Government Reform We also know that, when the Ex-Im insurance for payment side. Committee, they have not been trans- subsidizes foreign corporations, it runs Tonight we have an opportunity to parent in giving us the information. the risk of undermining American busi- vote for a reduction of the deficit. Yes. I urge my colleagues to vote ‘‘no.’’

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.045 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7222 CONGRESSIONAL RECORD — HOUSE October 27, 2015 Ms. MAXINE WATERS of California. today to keep the Export-Import Bank Well, I have news for my colleagues. Mr. Speaker, I yield 1 minute to the out of business. We should take each of I care about everyone’s job. I care gentlewoman from New York (Mrs. those opportunities. about Boeing jobs, I care about Cater- CAROLYN B. MALONEY), a member of the Ms. MAXINE WATERS of California. pillar jobs, and, yes, I care about Delta Financial Services Committee. Mr. Speaker, I yield 1 minute to the jobs. I want the free market and the Mrs. CAROLYN B. MALONEY of New gentleman from California (Mr. SHER- quality of U.S. products to dictate who York. Mr. Speaker, I thank the gentle- MAN), a member of the Financial Serv- gets contracts. This is how America woman for yielding and for her leader- ices Committee. was built—quality products made by ship. (Mr. SHERMAN asked and was given quality employees stamped ‘‘Made in I rise in strong support of reauthor- permission to revise and extend his re- America.’’ izing the Export-Import Bank. marks.) Three years ago, Congress directed There is never really a good time to Mr. SHERMAN. Mr. Speaker, in the the Export-Import Bank to focus on an commit economic suicide, and now ideologically perfect world of Ayn economic impact analysis to ensure the would be especially a bad time. The Ex- Rand novels, there is no Ex-Im Bank Bank knew the consequences of their port-Import Bank creates jobs by sup- for the United States or any other lending decisions. Unfortunately, the porting exports, and it costs taxpayers country. In the real world, Germany Export-Import Bank acts as if they are nothing—zero. In fact, since 1992, the has an export credit agency. China has above the requirements of Congress. In- Ex-Im has returned nearly $7 billion to one. Canada has one. They are all much stead of following the law, the leader- the U.S. Treasury. bigger than ours. ship at the Export-Import Bank Killing the Ex-Im Bank would be es- When I gave 100 speeches for George colluded with Boeing to design an eco- pecially bad right now. Export demand McGovern, they accused us of favoring nomic impact analysis to keep the sta- is falling because of our strong dollar unilateral military disarmament. Now, tus quo in place. and economic headwinds in China and we see some who are in favor of unilat- Mr. Speaker, if you don’t believe me, Greece and Europe. We have to remem- eral economic disarmament. Our prod- the House Financial Services Com- ber that there are 85 different export- ucts face tough competition, and some- mittee has the emails to prove it. import banks around the world from times the order goes to whomever has These are the bureaucrats that my col- China to Canada, all of which are sup- the best financing. Ninety percent of leagues are up here protecting. It is porting exports more than we are. We Ex-Im Bank’s loans go to small busi- shameful, truly shameful. are in a competitive world. They say ness and the other 10 percent help Big To add insult to injury, my col- when you lose a job, it goes somewhere Business buy from American suppliers. leagues refuse to allow to offer amend- else. But what the opposition isn’t say- Two hundred and fifty Members of this ments to defend my constituents. ing is that it is going overseas. Congress support Ex-Im Bank, with These are the very same people who I support the Export-Import Bank, particular courage among the 40-some- cry ‘‘regular order’’ yet won’t deny the and we should vote for reauthorization. thing Republicans who signed the dis- Members to have an ability to fight for Mr. HENSARLING. Mr. Speaker, I charge petition. their constituents. I ask everybody for a ‘‘no’’ vote. yield 11⁄2 minutes to the gentleman As co-chair of the CPA Caucus, let Ms. MAXINE WATERS of California. from (Mr. GARRETT), chair- me tell you, the Ex-Im Bank makes a Mr. Speaker, I yield 1 minute to the man of the Capital Markets Sub- substantial profit under generally ac- gentleman from Texas (Mr. HINOJOSA), committee of the Financial Services cepted accounting principles. That is also a member of the Financial Serv- Committee. why they have been able to transfer $7 ices Committee. Mr. GARRETT. Mr. Speaker, I thank billion to the Treasury. Mr. HINOJOSA. Mr. Speaker, I rise the chairman. Ronald Reagan said: The Export-Im- in strong support of allowing the ma- In June of this year, after 81 years of port Bank contributes in a significant jority of the Congress to work its will doling out taxpayer-funded welfare for way to our Nation’s export sales. and reauthorize the Export-Import megacorporations, the American peo- Mr. HENSARLING. Mr. Speaker, I Bank. ple said enough, and Congress let the yield 2 minutes to the gentleman from The Bank has supported more than Export-Import Bank expire. Georgia (Mr. WESTMORELAND), a valu- 1.3 million private sector American Yet, today, through a little known able Member of the House Financial jobs since 2009, with nearly 90 percent and little used legislative maneuver Services Committee. of its transactions directly supporting being used to circumvent the will of Mr. WESTMORELAND. Mr. Speaker, small businesses. The Bank is an unbri- the American people, they are resur- I thank the chairman for yielding. dled, market-driven success story that recting this fund for corporate welfare. I rise in opposition to H.R. 597, to the I am proud to support. The Export-Import Bank transformed Export-Import Bank, and to the proc- Three months have passed since a the role of government from a disin- ess Members have used to circumvent small group of Tea Party Caucus mem- terested referee in the economy into a regular order and the amendment proc- bers threw common sense out the win- biased actor that uses your taxpayer ess of the House. dow and surrendered to an ideological dollars to tilt the scales in favor of its I have more Delta employees in my drive to shut down the Bank despite friends, and it mocks the American district than any other district in the warnings from across the private sec- Dream by making victims of the United States. Their jobs are at risk tor of the devastating consequences for startups that dare to compete. because the Export-Import Bank picks our economy, American small-business If we promoted responsible govern- winners and losers in the American exporters, and their employees. ment policies, responsible budget poli- economy. Today, I stand side by side with my cies, expanded free markets, lowered When the Ex-Im Bank finances a Boe- colleagues from across the aisle to and simplified the income taxes, and ing airplane for Emirates Airlines—as fight for them, including Ventech Engi- repealed onerous regulations, Amer- if Emirates Airlines would need any fi- neers International, based in my area ican businesses would thrive in the nancing—the Bank is telling pilots and of south Texas. Ventech manufactures global markets. But none of that is on flight attendants and mechanics and small, pre-built oil refineries for export the table today on what we are about others in my district that their jobs supplying fuel to remote and impover- to consider. don’t matter to the government. That ished areas. Ventech cannot create Instead, the proposal before us is the is wrong. more jobs or assist in our national se- resurrection of a bank that embodies My colleagues from Washington curity objectives without financing the corruption of the free enterprise State and other areas want you to be- provided by the Bank. system. Yes, we have the opportunity lieve that they are fighting for the jobs We cannot allow a small minority of today to save capitalism from cro- in their district, and I am sure they the minority Chamber to block job cre- nyism. Yes, we have the opportunity to are. I am here fighting for the jobs of ation and weaken our international protect the American taxpayer and the my constituents. My colleagues want priorities. American Dream and to preserve free their constituents to have jobs, but not Mr. HENSARLING. Mr. Speaker, I enterprise. We have the opportunity my constituents. yield 1 minute to the gentleman from

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.046 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7223 California (Mr. MCCARTHY), the distin- to really make a difference, let’s have payers. For example, in this reauthor- guished Republican majority leader. a process that can change things, let’s ization, Congress could insist that Mr. MCCARTHY. Mr. Speaker, I want have a process that can offer amend- these loans be fully collateralized, just to thank the chairman for yielding. ments, let’s have a process that offers as is the practice in the private sector. We are having a debate, a healthy de- an honest debate, and let’s not be shy Congress could also require export- bate, but I don’t think this is the struc- about what the problems are because I ers, which profit from the Bank’s lend- ture or the forum in which we should think the American people expect ing to foreign purchasers of their prod- have a debate about this because we more. ucts, to guarantee the repayment of all don’t have the option for amendments. Ms. MAXINE WATERS of California. or of even a fraction of these loans. I think there is to do this. Mr. Speaker, I yield 1 minute to the If phased in smartly, reforms like People have two views about the ar- gentleman from Texas (Mr. AL GREEN), these would mitigate the potential for gument today. But the real question of the ranking member of the Sub- the type of $3 billion bailout that the the debate we are having comes down committee on Oversight and Investiga- Ex-Im Bank sought in 1987, and they to this: Do we let government pick and tions of the Financial Services Com- would also incentivize our trade rep- choose who it gives special taxpayer mittee. resentatives to actually initiate nego- loans to or not? I believe our constitu- Mr. AL GREEN of Texas. Mr. Speak- tiations with our trading partners to ents know very well what the right er, I thank the gentlewoman. eliminate all government-supported ex- choice is. They don’t want their tax There is a better way to do this. It is port subsidies and protect the taxpayer dollars backing up loans for any busi- called regular order through the com- from potential losses, which is just as nesses. That is not the government’s mittee process, bring it to the floor, they were supposed to do in the last re- job. The private sector can and should and make amendments. However, when authorization. do that. Our economy does best when that doesn’t prevail, the rules allow for Without these commonsense reforms, the government is left out. what we are doing today, which is ex- it is the taxpayer—the forgotten man When government gets involved try- ceedingly important. or woman—and not the entity that ing to centralize power and money in I would say this: the Ex-Im Bank made the profit who is on the hook for itself, corruption is inevitable. The Ex- does not take deposits; it makes depos- the loss. For that reason, I urge my Im Bank is a perfect example of this, its, and it makes deposits that help us colleagues to vote ‘‘no’’ so that real re- and this is my concern. An inspector with our deficit. The numbers have form proposals for this institution may general is investigating at least 31 been called to our attention: in 2013, be pursued. Ms. MAXINE WATERS of California. cases of fraud of the Ex-Im Bank, and about $1 billion; in 2014, $675 million. I yield 1 minute to the gentleman from this fraud has wasted millions of tax- But the Ex-Im Bank has done some- Colorado (Mr. PERLMUTTER), a member payer dollars. thing more important than all of these of the Financial Services Committee. But it doesn’t stop there. A former things that have been called to our at- Ex-Im Bank employee, Johnny Gutier- Mr. PERLMUTTER. I thank the tention for the most part. ranking member for allowing me to rez, pleaded guilty this year to taking I think one of the most significant bribes on 19 different occasions to help speak. things that it has done is it has caused Mr. Speaker, in my district, which applicants get loans from the Ex-Im. us to do something that we couldn’t do are the suburbs of Denver, 18 small Another Ex-Im Bank employee was for ourselves, and that is create the bi- indicted for taking $100,000 in bribes to companies benefit from the Export-Im- partisanship necessary to span the port Bank and the guarantees and the help a Nigerian businessman get loans chasm of partisanship that has mani- support that it provides—hundreds and from the Ex-Im. fested itself in this House for too long. And we all remember a Congressman, hundreds of jobs. These are jobs in William Jefferson, who was sentenced b 1515 plastics, scientific equipment, food to 13 years in prison for taking bribes Mr. HENSARLING. Mr. Speaker, I manufacturing, wood products, and electrical equipment. Those are the to help a company get loans from the yield 2 minutes to the gentleman from forgotten people in this argument. Ex-Im. Pennsylvania (Mr. ROTHFUS), another Those are real jobs, real people. You see, there is a pattern, a pattern valuable member of the committee. Mr. MCCARTHY said there were two that won’t be solved today, regardless Mr. ROTHFUS. I thank the chair- questions. I think the two questions of what side you are on. man. Since 2009, in fewer than 6 years, Mr. Speaker, I suggest that someone are: Should the United States unilater- there have been 49 criminal judgments has been missing from this debate. It is ally disarm at the expense of American against Ex-Im Bank employees or peo- the forgotten man or woman—the ev- businesses and U.S. jobs? I think the ple who benefited from the Ex-Im. eryday taxpayer—who is being asked to answer is a resounding ‘‘no.’’ Many of these people have gone to pris- carry a risk that those in the private The second question is: Should ide- on for it. In fact, if you add them all sector will not. ology trump reality? The reality is In 2008, we learned a tough lesson up, that is 75 years they are serving. that we are just going to give these Now, I wish I could tell you that was about privatizing profits and social- jobs to countries all across the globe my only complaint and problem and it izing losses. During the good times, instead of having them here in Amer- ended there, but it does get worse. A many in Congress cheered on Fannie ica. That is wrong. large number of loans of Ex-Im guaran- Mae and Freddie Mac, and their share- I urge the passage of H.R. 597. tees aren’t even for American compa- holders prospered while executives I thank Mr. HECK; I thank Mr. nies. The Bank actually uses taxpayer made millions; but when the good FINCHER; and I thank Mr. LUCAS for money to back up loans for companies times ended, the taxpayers were forced bringing this forward. Let’s pass this owned by governments of China, Rus- to bail out Fannie and Freddie to the bill today. sia, Saudi Arabia, and others. tune of $187 billion. Mr. HENSARLING. Mr. Speaker, I These loans to corporations outside The Federal Government is today the yield 2 minutes to the gentleman from of America don’t always go well. Do guarantor of more than $3 trillion in (Mr. SCHWEIKERT), another val- you remember NewSat? That is an Aus- loans backed by numerous agencies. uable member of the committee. tralia company that lost $139 million in This level of taxpayer leverage is not Mr. SCHWEIKERT. I thank the taxpayer-backed loans. NewSat’s CEO sustainable, and we must begin to iden- chairman. allegedly diverted company funds to tify parts of the portfolio that can be Mr. Speaker, have you ever had one his yacht company. transitioned away from taxpayers. of those instances in which you are lis- So the question, Mr. Speaker, is Given that 98 percent of our exports tening and you are trying to find a way when does the corruption become too are made without the Export-Import to say, ‘‘I believe much of the argu- bad? When is it that too many people Bank, the Bank is one agency that is ment we are hearing here is intellectu- take bribes? How many taxpayer loans suitable for transition over time to the ally disingenuous’’? must be issued by fraud? private sector. The fact of the matter is every year So the question I have before this However, in the immediate future, there are trillions and trillions of dol- House is, if we are serious, if we want Congress must act to protect tax- lars of surety and import-export credit

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.048 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7224 CONGRESSIONAL RECORD — HOUSE October 27, 2015 that moves through the markets, and the floor, supported by Republicans the word came back from down on it doesn’t have a government guar- and Democrats. high—from those big companies that antee. It does not have a guarantee We are using the rules of the House utilize this bank—and they said, ‘‘No from our taxpayers. that you wrote. This is not an inappro- way. No way are we going to allow this Look, this institution still has a $32 priate venue. This is an argument to happen.’’ So, truly, the characteriza- million loan from pre-Castro Cuba on about jobs for the American people, tion of this being regular order is way their books. When they tell you ‘‘Oh, and I will use every venue available to out of line, in my opinion. we have this tiny number of charge- me to fight for jobs for the American Ms. MAXINE WATERS of California. offs,’’ what they are telling you is a lie. people. Mr. Speaker, I yield 1 minute to the Do you remember the hearings we The SPEAKER pro tempore. The gentlewoman from Ohio (Mrs. BEATTY), had when we had the discussions as to Chair would remind Members to direct who is also a member of the Financial what their impairments were? They their remarks to the Chair and not to Services Committee. just stared back at you because they other Members. Mrs. BEATTY. I thank Ranking didn’t want to have that discussion, be- Mr. HENSARLING. Mr. Speaker, how Member WATERS. cause every other financial institution much time remains on both sides? Mr. Speaker, here is what I know. has to honestly say, ‘‘Here are our im- The SPEAKER pro tempore. The gen- The American people are clamoring pairments. On this one, it was oil. We tleman from Texas has 131⁄2 minutes re- for us to do our job and work together only had this level of charge-off.’’ What maining. The gentlewoman from Cali- to help hard-working American fami- they are not telling you is that they fornia has 181⁄2 minutes remaining. lies get ahead. We can do that today by are still carrying loans that have sat Mr. HENSARLING. Mr. Speaker, I reviving the Export-Import Bank, a on their books, without a payment, for yield 2 minutes to the gentleman from job-creating organization that reduces 50 years. Michigan (Mr. HUIZENGA), the chair- the Federal debt—with no subsidies, To every citizen of this country, un- man of the Monetary Policy and Trade with no taxpayers’ money. derstand that, when this piece of legis- Subcommittee. Last night my caucus and some Re- lation passes, you have just been put Mr. HUIZENGA of Michigan. I thank publicans joined together to force to- on the hook. Your credit has just been the chairman. I appreciate the oppor- day’s vote on reviving the Export-Im- put on the hook for these types of tunity to come back up here to talk port Bank. Why? Because it creates loans. again a little bit about this process. jobs. It helps small businesses, female- That is what you intend to do to your We were starting to talk about what owned businesses. taxpayers? That is what you are going had happened through the committee. It is so important today for us to do to do to your constituencies? There is a work group that was put to- this. I know it firsthand, Mr. Speaker, This piece of legislation also purports gether both in the last Congress and in because, in my district alone, there are to have reforms in it. As for the re- this Congress that came up with some, 14 businesses, including eight small forms, if they are not already doing I think, very interesting things: re- businesses, one minority owned and these things, they should be locked up forms. Included in the reforms was: one female owned. The Export-Import already because much of this is the How do we extract ourselves out of Bank supports some $71 million in ex- most basic level that you would expect this? ports—and here is the key—at no cost from any financial institution. You see, here is what happened the to American taxpayers. Then I come to another tab from the last time. We have heard a lot today, some mis- GAO and see repeat, after repeat, after The last time the Bank was reauthor- informed, some misleading. So here is repeat where it has already been the ized, it was through a short-circuited what I think, as the evidence is clear, law and they have been ignoring it. Yet system much like we are experiencing Mr. Speaker: Let us renew the Bank’s we are going to re-charter them today. It did not go through regular charter without delay. again—an organization to which we are order. It did not have all of the backing Mr. HENSARLING. Mr. Speaker, in going to claim we are providing re- that it needed. It was kind of jammed order to help equalize the time, I re- forms when they are the very reforms down on everybody on the House floor. serve the balance of my time. from the last time we did this that To let that smooth over a little bit, Ms. MAXINE WATERS of California. they did not follow. there was a requirement that the U.S. Mr. Speaker, I yield 30 seconds to the Ms. MAXINE WATERS of California. Treasury start a negotiation with the gentleman from Virginia (Mr. CON- Mr. Speaker, I yield 1 minute to the Europeans about one specific product: NOLLY). gentleman from Michigan (Mr. KIL- the wide-body aircraft. That is what Mr. CONNOLLY. Mr. Speaker, I have DEE), a member of the Financial Serv- maintains a vast majority of the busi- to speak fast. ices Committee. ness of the Export-Import Bank. The Export-Import Bank is good for Mr. KILDEE. I thank the ranking But here is the thing: The U.S. Treas- America, and the arguments against it, member for yielding and for her leader- ury ignored that directive. They ig- in my opinion, are un-American. ship on this issue, along with thanking nored the law as they were compelled This is the perfect Republican dream. Mr. HECK, Ms. MOORE, Mr. FINCHER, to go in and start talking about: How It reduces the deficit. It adds to the and Mr. LUCAS. do we unwind ourselves internationally Treasury. It creates jobs. It costs tax- Mr. Speaker, the Ex-Im Bank used to from this mess that has been created? payers nothing. It is unilateral disar- be bipartisan legislation. It is so inter- Then, I think, there is a logical ques- mament to not recharge and reauthor- esting to hear the outrage expressed by tion to ask, Mr. Speaker: If they are ize the Export-Import Bank. I support Members on the other side for a pro- willing to ignore that part of the law, the legislation. gram that was supported repeatedly by what part of the law that we are trying Mr. Speaker, I rise today in support of reau- President Ronald Reagan. Where was to reform now are they willing to ig- thorizing the Export-Import Bank of the United your outrage then? I don’t recall the nore? States. outrage back then because then it was My guess is all of it because, as I was In the darkest corner of the anti-empiricist fine. talking about and as we were floating wing of this Congress lies the plan to kill the I also have heard that this is not the these ideas of various reforms of mak- Export-Import Bank. appropriate venue for this debate. This ing these recourse loans, of making Opponents of the Bank do not care that it is the Congress of the United States of sure that—oh, I don’t know—a bank ex- supports small businesses and creates jobs. America, and I suspect that the Amer- aminer could come in and actually Last year, nearly 90% of the Bank’s loans ican people think this is a perfectly ap- allow this ‘‘Bank’’ to pass any banking benefited small businesses, and those loans propriate venue. standards as their portfolio weighting supported more than 164,000 jobs. The rule that we have utilized to is way off, they could never pass any Opponents are loath to admit that it reduces bring this issue to the floor of the kind of exam that any traditional bank the federal budget deficit. House is a rule that you wrote that al- would have to go through. Ex-Im returned $675 million to the Treasury lows Members of this body, by dis- Every time any of those kinds of last year and more than $1 billion in each of charge petition, to bring legislation to commonsense reforms were proposed, the previous two years.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\K27OC7.050 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7225 Opponents disregard the Bank’s support for lowing our companies to be competi- So, by all means, vote how you want. American exports. tive with companies overseas. Please, if you support resurrecting this Every other industrialized nation has an ex- It provides confidence to businesses agency, just spare us all the notion port-import bank, and this unilateral disar- and investors, allowing them to com- that you are actually here to reduce mament would cede American competitive- pete in the global marketplace. In the size and scope of government. ness. Rhode Island alone, The Bank has Ms. MAXINE WATERS of California. I ask that my colleagues reject this blind helped 26 businesses with a combined Mr. Speaker, I yield 30 seconds to the pursuit of ideological purity, and reauthorize export value of $134 million. gentleman from Minnesota (Mr. the Export-Import Bank. The Ex-Im Bank is a vital part of our NOLAN). Mr. HENSARLING. Mr. Speaker, I re- Nation’s economic infrastructure, and I Mr. NOLAN. Mr. Speaker and Mem- serve the balance of my time. urge my colleagues to support its reau- bers of the House, with all the gridlock Ms. MAXINE WATERS of California. thorization. and all the partisanship and inability Mr. Speaker, I yield 30 seconds to the Mr. HENSARLING. I reserve the bal- of this Congress to fix things and get things done, we are looking at a great gentleman from New York (Mr. TONKO). ance of my time. Mr. TONKO. Mr. Speaker, I stand in Ms. MAXINE WATERS of California. opportunity here where Democrats and support of the Ex-Im Bank. I yield 1 minute to the gentleman from Republicans have come together to fix Hundreds of families in New York’s Pennsylvania (Mr. THOMPSON). things. Mr. THOMPSON of Pennsylvania. The simple truth is that this Ex-Im Capital Region face uncertainty after Mr. Speaker, I rise in support of H.R. Bank doesn’t cost the taxpayers a one of the largest employers had to 597, the renewal of the United States penny. It creates tens of thousands of move jobs to France because its con- Export-Import, or Ex-Im, Bank. jobs all across the country, and it tracts needed a government-backed In Pennsylvania, the Ex-Im Bank is yields a $7 billion profit for deficit re- loan guarantee that the Ex-Im Bank essential to the economic health duction in this country. Life should be would have provided. throughout Pennsylvania’s Fifth Dis- so good if we had a few more agencies I thank my colleagues on the other trict, supporting 11,000 jobs. The Bank like that. We are doing such great side of the aisle for their leadership. It supports 40,000 jobs across the com- work for the American people. is too bad that it took procedural gym- monwealth in nearly 300 companies, Let’s reauthorize the Ex-Im Bank. nastics to finally receive a vote on a adding $7 billion to Pennsylvania’s Mr. HENSARLING. Mr. Speaker, I bill with such broad, bipartisan sup- economy since 2007. yield 2 minutes to the gentleman from port. Look what we can accomplish Exporters in my district range from Wisconsin (Mr. DUFFY), the chairman when we work together to do what is powdered metal companies to tech- of the Oversight and Investigations best for the thousands of people we nology firms and to those involved in Subcommittee of the Committee on Fi- each represent in this body. the manufacture of rubber and plastic nancial Services. The Export-Import Bank equals jobs. products. All of these businesses pro- Mr. DUFFY. Mr. Speaker, I want to Let’s get it done. Let’s put people be- vide jobs which sustain our local com- quickly address my good friend from Minnesota’s comments that this Ex-Im fore politics. munities. Since 2007, exports from the Bank doesn’t cost any money. The Mr. HENSARLING. Mr. Speaker, I re- Fifth Congressional District in Penn- truth is it does. We bailed it out to the serve the balance of my time. sylvania have amounted to more than tune of $3 billion in the 1980s. Ms. MAXINE WATERS of California. $1.3 billion, supporting thousands of Mr. Speaker, I yield 30 seconds to the That same argument was made that jobs in rural Pennsylvania. Fannie and Freddie don’t cost the tax- gentleman from Pennsylvania (Mr. Mr. Speaker, the Ex-Im Bank is not a CARTWRIGHT). payers any money. Well, it doesn’t cost burden on the taxpayers. In fact, in taxpayers money until it does. It is a Mr. CARTWRIGHT. I thank the gen- 2013, The Bank covered its own ex- tlewoman. government backstop. It is a govern- penses before directing more than a ment guarantee. Mr. Speaker, I rise in support of re- billion dollars into the U.S. Treasury. authorizing the Ex-Im Bank. You see how hard it is: when you are Now, I was proud to join a bipartisan going to take away a government sub- You have two types of people. You group of my colleagues to bring re- have practical people who care about sidy, man, do businesses fight like you newal of The Bank to the floor today know what to make sure you can’t real solutions for American workers and to cast a vote in favor of the bill’s take it away. They love their subsidies, and American businesses, and you have passage. and they will lobby and they will work slaves to ideology. Practical people Mr. HENSARLING. Mr. Speaker, I to make sure to get what they think is want the Ex-Im Bank reauthorized. yield 1 minute to the gentleman from theirs. This is supporting good-paying, fam- Florida (Mr. DESANTIS). I tell you, I am tired when I hear ily-sustaining manufacturing export Mr. DESANTIS. Mr. Speaker, Ronald some of those Presidential candidates jobs, and the people in opposition are Reagan once said the closest thing to talk about cronyism and those who slavishly adhering to this ideology that eternal life on Earth is a government look out for corporate welfare and they hurts America. In this case, the Ex-Im bureau. try to point their finger to this side of Bank returns a profit to the American How rare is it that we actually re- the aisle. people and it reduces the deficit and duce government around here? Yet If you open your ears and listen to the debt. We ought to reauthorize it. here we are debating resurrecting a this debate, ask yourself: Who is fight- Mr. HENSARLING. Mr. Speaker, I re- defunct agency that has already gone ing for corporate welfare? Who is fight- serve the balance of my time. out to pasture. ing to make sure that you have a guar- Now, my friends on the other side of b 1530 antee in the Ex-Im Bank that supports the aisle are central planners. They be- 80 percent of the dollars to big, massive Ms. MAXINE WATERS of California. lieve in the type of politicized economy American businesses? It is Democrats. Mr. Speaker, I yield 30 seconds to the for which the Ex-Im Bank has become Democrats partner Big Government gentleman from Rhode Island (Mr. a poster child. So they are actually with Big Business, and that is what is LANGEVIN). being consistent in their position. happening right here. (Mr. LANGEVIN asked and was given What I can’t understand is how Mem- Picking winners and losers, the story permission to revise and extend his re- bers who preach limited government of Delta: Delta has to compete with marks.) are willing to turn over the floor of the airplanes that are subsidized in foreign Mr. LANGEVIN. Mr. Speaker, I rise House to the minority party for the markets by the American taxpayer. in strong support of this bipartisan Ex- purpose of rechartering a bank whose They can’t compete. So we picked Boe- port-Import Bank reauthorization. authority has lapsed. ing jobs over Delta jobs? Who are we in The Ex-Im Bank was founded by FDR If we simply did nothing, we would this institution to say what job is bet- to increase the competitiveness of have less government. Taxpayers would ter? American exports. It provides signifi- face less exposure. There would be less Let’s let the market work. Let’s not cant capital for U.S. companies and corruption. And the economy would be be the ones that come in and dictate provides opportunities for U.S. jobs, al- less politicized. what works and what doesn’t.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.016 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7226 CONGRESSIONAL RECORD — HOUSE October 27, 2015 To think that we are going to set up you know. Over that period of time, for this bill just a few years ago. This rhet- a system that the Democrats—my one reason or another, there were not oric that I hear now that somehow this friends will say this is about all Amer- hearings in the committee of jurisdic- is selling out to the welfare state is a ican jobs. But it is only about Amer- tion that could focus on the advantages little difficult for me to believe. ican jobs if it meets our political cri- of the Ex-Im Bank. So she had round- I know it has become an issue for teria in that if you are dealing with table after roundtable, bringing in ex- some hardline groups, and this is not carbon and I don’t like carbon and if perts on what this meant to our econ- just for big business or medium busi- you are a carbon job, the Bank won’t omy, listening to the public, hearing ness or small business. This is for support those who are involved in a from small businesses about what this American jobs, the little people. carbon export. That is wrong. meant to them. Do big people provide jobs for little Let’s stand together. Let’s work to- Who would have ever thought that people? Yes, they do. Do we want that gether. Let’s fight for the American MAXINE WATERS, the ranking member done? Yes, we do. Should we, therefore, taxpayer and take away this govern- on the Financial Services Committee, be competitive with the rest of the ment subsidy. would be the champion for big-, mod- world who offers subsidies so their cor- Ms. MAXINE WATERS of California. erate-, and small-sized businesses in porations, so their medium-sized busi- Mr. Speaker, I yield 1 minute to the our company? We would have thought nesses, so their small businesses can gentlewoman from California (Ms. it, and now the world knows. create jobs for people? PELOSI), the distinguished leader who So, MAXINE, thank you for your per- Mr. Speaker, 330 of us voted to reau- has been a steadfast advocate on behalf severance. You really did such a won- thorize this just 3 years ago, but we of the interests of American workers derful job keeping this issue alive. I have had some immaculate awareness and who has made reauthorization of recognize the great leadership we have that this is somehow preening to the the Ex-Im Bank a top priority. at the Ex-Im Bank with Mr. Hochberg welfare state. Ms. PELOSI. Mr. Speaker, I rise in and the others who were there, the Let us come together as practical strong support of the reauthorization other hardworking people who are people with common sense who want to of the Ex-Im Bank. there who know about markets. be competitive with the rest of the As a former ranking member on the This is important because many State, Foreign Operations, and Related world. Let’s pass this bill. The House is banks that small businesses might go Programs Subcommittee of the Com- for it. The majority is for it. It has to for a loan or loan guarantees, they mittee on Appropriations, I saw on a been bottled up, which has not allowed are not used to dealing with markets regular basis how important this was the majority to work its will. abroad and that is why this is such an to our economy and to small businesses Today, through the courage of Mr. important link between entrepreneur- in America. LUCAS, Mr. FINCHER, and others, the So here today we are coming to the ship, creativity, innovation in our majority will work its will. Isn’t that floor in a bipartisan way to create country, and how to expand markets wonderful. good-paying jobs. How many good-pay- for all of that throughout the world. I urge my colleagues to support this ing jobs? 1.5 million since the year 2007. So I am really happy. Congratula- bill. We are here to reduce the deficit. tions to the House of Representatives. Mr. HENSARLING. I reserve the bal- How much are we reducing the deficit? Today, we are creating good-paying ance of my time. In the past two decades, $7 billion in jobs. We are reducing the deficit. We Ms. MAXINE WATERS of California. money has come in to reduce the def- are honoring entrepreneurship, and we I yield 30 seconds to the gentlewoman icit. are doing it in a bipartisan way. from Ohio (Ms. KAPTUR). So we are creating good-paying jobs, Mr. HENSARLING. Mr. Speaker, Ms. KAPTUR. Mr. Speaker, the U.S. reducing the deficit, fueling our econ- may I inquire how much time is re- Export-Import Bank means jobs in the omy, and we are respecting the entre- maining on each side? United States of America. From 2007 to preneurship and the optimism of small- The SPEAKER pro tempore (Mr. 2015, in Ohio, it supported 363 export- and moderate-sized businesses across RODNEY DAVIS of Illinois). The gen- ers, 263 small businesses, and more 1 the country. tleman from Texas has 8 ⁄2 minutes re- than $3 billion in value of Ohio exports. Yes, there are some big businesses maining, and the gentlewoman from Superior Holdings, First Solar, Port that benefit, but most of them have California has 13 minutes remaining. Clinton Manufacturing, A.J. Rose Man- subcontractors that need the work of Mr. HENSARLING. I reserve the bal- ufacturing, and so many other Ohio the Ex-Im Bank. ance of my time. companies want to export. They re- So when we talk about making it in Ms. MAXINE WATERS of California. quire Ex-Im to do so. America, I want to recognize the great Mr. Speaker, I yield 2 minutes to the Frankly, in today’s world markets, leadership of our whip, Mr. HOYER. gentleman from Maryland (Mr. HOYER), no serious nation can compete without Make it in America, this is what this is our distinguished whip. the Export-Import Bank. More than 50 about. Make it in America so that peo- Whip HOYER has a long record of ad- countries have an Export-Import Bank: ple can make it in America but that, vocating on behalf of our Nation’s ex- China, Japan, Germany, India, Korea, also, we can find markets abroad for porters and their workers. With his France, Brazil, and other competitors. our products made in America. leadership, we are here today on the I support reauthorizing the Ex-Im Thank you, Mr. HOYER, for your lead- verge of finally passing legislation to Bank. It means jobs, and it means busi- ership on that and on the reauthoriza- reopen the Ex-Im Bank. ness for the USA. tion of the Ex-Im Bank. Because of all Mr. HOYER. Mr. Speaker, I listen to b 1545 of that work, the term ‘‘Made in Amer- this welfare-state rhetoric. The Amer- ica,’’ that label continues to have the ican public ought to know that 147 Re- Mr. HENSARLING. Mr. Speaker, I re- great prestige and quality that we have publicans voted to reauthorize the Ex- serve the balance of my time. always known it to have. port-Import Bank just a few years ago Ms. MAXINE WATERS of California. I want to salute Mr. DENNY HECK. He under the leadership of Mr. Cantor and Mr. Speaker, I yield 1 minute to the is just remarkable. In 24 hours, he had myself. gentleman from Washington (Mr. 187 cosponsors of his bill earlier this It was not until the ideological—how REICHERT). year. That is so remarkable. Then in a do I say what has happened in the Mr. REICHERT. Mr. Speaker, one of short time after that, he had even House of Representatives—when we re- America’s greatest promises is the more. Thank you for all the work that treated from bipartisanship and work- promise that, if you work hard and you have done to bring us to today. ing together, we retreated from prag- play fair, your opportunities are end- To the Republicans who are sup- matism and we repaired to ideological less. Thousands of business owners porting this, to Mr. FINCHER, thank hideboundness. Those are pretty tough throughout this country have lived by you for your leadership and your cour- words, I understand that. this mantra and sought new opportuni- age to give us this opportunity today. You have 147 Republicans and every ties abroad. I want to thank MAXINE WATERS. Democrat, 330 Members of the House of When Congress allowed the charter of This has been a long haul, as many of Representatives, voting to reauthorize the Export-Import Bank to expire over

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.053 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7227 the summer, we took away an impor- Ms. MAXINE WATERS of California. gested amendments that would focus tant tool for American business owners Mr. Speaker, I yield 1 minute to the the Export-Import Bank on small busi- and their employees. They depend upon gentleman from Pennsylvania (Mr. ness, that would allow the Export-Im- it. This is about jobs. DENT). port Bank to expand its use as a lender Many small companies throughout Mr. DENT. Mr. Speaker, I certainly of last resort, but that would limit the my region and in my district have re- rise in support of this legislation that Bank to true uses to level the playing lied on Ex-Im Bank. I will name one: would reauthorize the Export-Import field, when we really were competing Number 9 Hay in a small town called Bank. In my district alone, the Bank’s with export credit facilities overseas. Ellensburg in eastern Washington. A activities have supported thousands of A representative of the United States hay company in Ellensburg, Wash- jobs and over $600 million in export Chamber of Commerce sat in our com- ington, with the support of Ex-Im sales. mittee and said he would oppose every Bank, was able to expand its business, The financing provided by the Ex-Im single one of those amendments. Small hire employees, and sell in foreign has provided critical support to a wide business is not what this is about. Lev- markets. Otherwise not. array of industries in Pennsylvania, eling the playing field is not what this This story is a story of success, of ensuring that products ranging from is about. Being a lender of last resort is jobs for the small hardworking busi- major energy components to help LNG not what this is about. This is about nesses of America that create 85 per- exports, to locomotives, to cement doing the bidding of the very, very cent of our jobs. If we don’t act, busi- equipment, to computers, to elec- large corporations that have a very, nesses of all sizes and the people they tronics, to aircraft are able to continue very large presence in Wash- employ will be threatened. to be manufactured by Pennsylvania ington, D.C. That is what this is about. I support this measure. workers. I am just surprised to see who is for it. Mr. HENSARLING. Mr. Speaker, I re- Developing countries, as we know, We had a chance to actually fix the serve the balance of my time. don’t have very well formed capital Bank. No amendments were allowed Ms. MAXINE WATERS of California. markets, and they need this financing today. We had a chance to actually Mr. Speaker, may I inquire as to how to help them buy American products. focus on small business, a chance to much time we have remaining? As our sole credit agency, the Bank focus on the Bank’s role as a lender of The SPEAKER pro tempore. The gen- provides the security U.S. firms need last resort, a focus on what the Bank tlewoman from California has 91⁄2 min- to access burgeoning markets. It should be doing. utes remaining. The gentleman from strengthens our trade balance, and it But we will miss that, Mr. Speaker, Texas has 81⁄2 minutes remaining. helps to sustain our global market because we are doing the bidding of Ms. MAXINE WATERS of California. share. It does all this while still re- other folks. Vote as you will, but let’s Mr. Speaker, I yield 1 minute to the turning money back to the U.S. Treas- be honest about what this is and what gentleman from New Jersey (Mr. MAC- ury. this is not. ARTHUR). Importantly, this bill incorporates Ms. MAXINE WATERS of California. Mr. MACARTHUR. Mr. Speaker, be- essential reforms that will signifi- Mr. Speaker, I yield 1 minute to the fore I came here, I spent 30 years in the cantly improve the Bank’s risk man- gentleman from Illinois (Mr. DOLD). private sector and built a business agement and transparency and provide Mr. DOLD. Mr. Speaker, I want to from about 100-odd people to today our small businesses with an even thank the gentleman from Tennessee about 6,000. I learned that you need greater share of lending support. (Mr. FINCHER), my good friend, for his capital to grow a business. The Ex-Im For those who talk about Ex-Im leadership on this bill. Bank provides just that. Bank creating winners and losers, I Coming from Illinois’ 10th Congres- Now, if the private sector could pro- would argue that, by letting the Bank’s sional District, we are the fourth larg- vide that, well, this would be a dif- authority lapse, we have indeed created est manufacturing district in the Na- ferent discussion, but the private sec- winners and losers. The losers are now tion. The Export-Import Bank is a tor doesn’t. The Ex-Im Bank provides a American job creators. The winners are bank that does finance many small necessary resource for companies doing countries like China, Germany, France, businesses. In fact, 86 percent of the business overseas. In fact, I have had Brazil, and the U.K. that continue to loans that happen in Illinois’ 10th Con- lenders tell me they will not loan if the support their exporters and welcome gressional District in the Export-Im- Ex-Im Bank is not already involved. the opportunity to increase their mar- port Bank go to small businesses. The Ex-Im Bank supported $27.5 bil- ket share and domestic manufacturing Yes, Boeing does utilize the Export- lion worth of U.S. exports last year and base in the absence of U.S. competi- Import Bank, and they say, whenever a 164,000 jobs. To not reauthorize it is to tion. Boeing plane lands, 19,000 small busi- be shortsighted. I urge my colleagues Let’s not unilaterally disarm our nesses land with them. There is no to remember this is a Republican bill. ability to assist our exporters. Let’s question that we talk about jobs and It deserves our support. show the American people that we con- the economy. I hear it constantly. I Mr. HENSARLING. Mr. Speaker, I re- tinue to govern in a bipartisan and ra- know my colleagues do all across this serve the balance of my time. tional manner. Let’s pass this bill. body because I have had the oppor- Ms. MAXINE WATERS of California. Mr. Speaker, I urge we support this tunity to talk to them. They are talk- Mr. Speaker, I yield 30 seconds to the legislation. ing to their constituents. It is still gentleman from Rhode Island (Mr. Mr. HENSARLING. Mr. Speaker, I about jobs and the economy and the CICILLINE). yield 2 minutes to the gentleman from uncertainty that is out there. Mr. CICILLINE. Mr. Speaker, I rise South Carolina (Mr. MULVANEY), an- I had a conversation with a small- today in support of the reauthorization other important member of the House business owner who said, ‘‘You know of the Ex-Im Bank. The Ex-Im Bank is Committee on Financial Services. what? I can’t go to my local commu- a critical resource for Rhode Island Mr. MULVANEY. Mr. Speaker, we nity bank and get financing for a trac- manufacturers looking to expand into have heard a lot of talk so far today tor that I want to send over to France new markets. about the Bank, about what the Bank or Germany.’’ Over the last 8 years, the Ex-Im Bank does. We have heard a lot of talk about Consequently, if we don’t reauthorize has provided more than $20 million to small business, a lot of talk about the the Export-Import Bank, they are Rhode Island companies for insured Bank leveling the playing field, a lot of going to take those jobs and they are shipments, guaranteed credit, and dis- talk about the Bank being that lender going to move them overseas. That is bursed loans. of last resort when no one else will step the last thing in the world we want, I am pleased that, after 4 months of into the breach to help American busi- Mr. Speaker. inaction, the House is finally voting to nesses. Supposedly, that is what this is We want to talk about good, high- reauthorize this critical institution. I all about. paying jobs right here at home. We thank my colleagues for their support. That is not what this is about. We want to talk about manufacturers that Mr. HENSARLING. Mr. Speaker, I re- had a discussion in the committee ear- have the ability to be able to create serve the balance of my time. lier this year where I actually sug- products right here at home, create

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.056 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7228 CONGRESSIONAL RECORD — HOUSE October 27, 2015 more jobs right here at home, and send suppliers that supply to Boeing. I think time to the gentleman from Tennessee those products all over the world. The that is something that has been lost in (Mr. FINCHER), a member of the Com- Export-Import Bank allows us to do this whole debate. mittee on Financial Services. that. There has been a lot of negativity, a I want to just take time to thank We need to level the playing field and lot of negative talk. I want to tell you him and Representative LUCAS for not unilaterally disarm. I urge my col- about something positive, and that is their courage and their leadership in leagues to vote ‘‘yes’’ on the Export- the thousands of people who work in making this vote possible today. Import Bank and ‘‘yes’’ to American my district who don’t have to worry b 1600 jobs. about getting a pink slip tomorrow or Mr. HENSARLING. Mr. Speaker, I re- the next day because they know that Mr. FINCHER. Mr. Speaker, I thank serve the balance of my time. their manufacturing job is secure be- the gentlewoman from California for Ms. MAXINE WATERS of California. cause of our future and our powerful yielding. A lot of times we don’t see Mr. Speaker, I yield 1 minute to the ability to export around the globe. eye to eye, but we have a fair and spir- gentleman from California (Mr. HUN- While I know this has been a con- ited debate. This time we do, and I ap- TER). troversial process and I have respect preciate her willingness to support me Mr. HUNTER. Mr. Speaker, I am for everybody on all sides of this issue, in this effort. proud to give my support to this val- I would beg my colleagues, let’s move We have talked a lot today about iant effort to reauthorize the Ex-Im forward in a bipartisan way. Let’s re- many different things, but I am going Bank in an effort that I believe puts authorize Ex-Im Bank, and let’s go to end on the note of facts. And so first the best interests of American ahead and move ahead with the busi- many times in Washington, the facts manufacturers, innovators, and entre- ness of the American people. get lost. preneurs. Mr. HENSARLING. Mr. Speaker, I A few minutes ago, my colleague We had a vote this year on the TPA, yield myself 10 seconds to quote Presi- from Wisconsin, a friend of mine, one the trade promotion authority. Many dent Ronald Reagan on March 23, 1985: of my colleagues from Wisconsin, who of my colleagues that are arguing ‘‘Why won’t the Congress stop its ex- probably will be the next Speaker of against the Ex-Im Bank port subsidies to a handful of corpora- the House, stood up and, really, spoke unapologetically stated their intent to tions which account for less than 2 per- against our efforts in trying to save give the President new, expansive au- cent of US exports?’’ the Export-Import Bank. thority to export U.S. jobs overseas, I reserve the balance of my time. I was reminded of just a few years this amounting to millions of jobs sent Ms. MAXINE WATERS of California. ago, of a couple of very serious votes overseas, all in the name of trade and Mr. Speaker, I yield 11⁄2 minutes to the that happened in the House: one was globalization. gentleman from New York (Mr. COL- the automotive bailout, and one was If you want to talk big business, I LINS). TARP. ask my friends that are against the Ex- Mr. COLLINS of New York. Mr. I have a quote from the gentleman Im Bank to look at that vote. Many of Speaker, I rise today in strong support from Wisconsin: those in that contingent who voted for of the Export-Import Bank, which sup- The TARP vote was necessary in order to the trade promotion authority—and ports hundreds of thousands of Amer- preserve this free enterprise system. If we are going to vote for the big trade deal ican jobs, returns a profit to the United fail to do the right thing, heaven help us. we have coming up—are now trying to States Treasury, and ensures U.S. ex- Now, Mr. Speaker, let me say, none say there is something inherently porters can compete on a level playing of us are perfect. I am a long way from wrong with trying to underwrite U.S. field in the global market. perfect. You ask my wife and she will exports through the Ex-Im Bank, al- I came to Washington as a small- tell you. though the vast majority of Bank loans business owner, dedicated to expanding But we are here to make the govern- support small business. job opportunities for western New ment work better, make it more ac- In my district alone, in eastern San Yorkers. Unfortunately, due to misin- countable, make it smaller, and make Diego, you have nine companies—no formation and misguided outside inter- sure the environment in the country is Boeings, no GEs. Over 400 jobs, $60 mil- ests, Bank opponents have shut down a better for job creation and the job cre- lion in exports, all underwritten by the government program that directly aids ators to create jobs. That is what the Ex-Im Bank. American jobs. Export-Import Bank does. I have heard a lot of people quoting The Export-Import Bank supports The facts are, it doesn’t cost the tax- Ronald Reagan. Here is what he said thousands of jobs in western New York payer a dime. The facts are, it returns about the Ex-Im Bank: and numerous small businesses in the money to the Treasury every year. The ‘‘Exports create and sustain jobs for 27th Congressional District. These facts are, this is a Republican reform millions of American workers and con- companies provide real jobs in western bill. We are fixing almost everything tribute to the growth and strength of New York, good-paying jobs that will that has been—almost every problem the United States economy. The Ex- be lost if the Ex-Im Bank is not reau- that has been raised we are addressing port-Import Bank contributes in a sig- thorized soon. in this reform bill. nificant way to our Nation’s export The fact is exports drive job growth Those are the facts, Mr. Speaker. sales.’’ in the United States. When a company Eighty years old; 60 other countries I urge my colleagues to support this sells abroad, their employees, sup- have them. This is about us being com- effort. pliers, and communities grow at home. petitive all around the world and mak- Mr. HENSARLING. Mr. Speaker, I re- Reauthorizing the Ex-Im Bank is vital ing sure that we keep American jobs serve the balance of my time. for manufacturers of all sizes to grow here at home. Ms. MAXINE WATERS of California. and prosper in a competitive world I urge my colleagues today, on both Mr. Speaker, I yield 1 minute to the economy. That is why I fully support sides of the aisle, let’s put American gentleman from Illinois (Mr. reauthorizing the Ex-Im Bank and urge workers first. Let’s make sure that we KINZINGER). my colleagues to do the same. are working for the folks back home in Mr. KINZINGER of Illinois. Mr. Mr. HENSARLING. Mr. Speaker, I re- our districts. Let’s put these politics Speaker, I thank everybody on both serve the balance of my time. aside for today and put the country sides of the aisle for their hard work in Ms. MAXINE WATERS of California. forward. getting this very important thing done. Mr. Speaker, may I inquire as to how Ms. MAXINE WATERS of California. I flew to Ethiopia about 6 months much time is remaining? I yield back the balance of my time. ago, and I flew on a Boeing airliner— The SPEAKER pro tempore. The gen- Mr. HENSARLING. Mr. Speaker, I there is a lot of talk about Boeing tlewoman from California has 21⁄2 min- yield myself such time as I may con- here—but I didn’t fly on an Airbus. utes remaining. The gentleman from sume. What that represented to me was a lot Texas has 63⁄4 minutes remaining. We had a rather spirited debate here of jobs that Boeing provides to people, Ms. MAXINE WATERS of California. between those who believe the Ex-Im but a lot of jobs in my district of small Mr. Speaker, I yield the balance of my Bank is about economic development

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.057 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7229 and trade, and those who believe it is Speaker, are financed without the Ex- Main Street. But not in this Wash- about corporate welfare, cronyism, and Im Bank. ington insider economy. And there is an unfair economy. So we need to help our exporters. We no better poster child of the Wash- For those who claim that the Ex-Im need to help our small businesses. But ington crony economy and corporate Bank creates jobs, the Congressional the way we do that is through ex- welfare than the Export-Import Bank. Research Service would tend to beg to panded trade. It is through funda- So I have no doubt that an over- disagree and citing economists who say mental tax reform that the National whelming number of Democrats are they largely rearrange jobs. We know Association of Manufacturers has said going to support the reauthorization of for a fact they have rearranged jobs is 50 percent of our competitive dis- the Export-Import Bank. They are al- away from Delta because they have advantage. ways happy to allocate credit and our said they have lost jobs when the Ex- Let’s make a fairer, flatter, simpler economy as part of a political process. Im Bank subsidizes Air India. Tax Code. Let’s have regulatory reform They are always happy to subsidize Valero Refining, in my native Texas, with the REINS Act. Let’s pass the corporate America, as long as they can has said they lose jobs in America Keystone pipeline and drive energy also regulate and control it. But that is when the Ex-Im Bank will subsidize a prices down and become more competi- not fair to the people on Main Street. Turkish competitor. tive that way. It is the free enterprise system which Cliffs Natural Resources of Cleve- So the arguments of those who pro- is fair. It is the free enterprise system land, Ohio, will say they lose jobs when pose to support the Ex-Im Bank—and which is moral. It is the free enterprise the Ex-Im Bank subsidizes an Aus- these are good people, and I know they system which is based on merit. It is tralian competitor, which has caused believe in their hearts and heads in the free enterprise system which is em- economist Donald Boudreaux to say, at what they are doing. But I don’t think powering to people. It is the only eco- best, the Ex-Im Bank creates jobs in their arguments bear scrutiny. They nomic system that frees ordinary peo- export industries by destroying jobs in don’t stand up to the light of day be- ple to achieve extraordinary results. non-export industries. cause the true face of the Ex-Im Bank So, Mr. Speaker, that is what this de- How is that fair? How is that fair, is about cronyism. It is about mis- bate is all about. It is about a fair Mr. Speaker? placed priorities. It is about foreign economy for everybody in America: We are told that the Ex-Im Bank aid. It is about corruption. those who can’t afford the high-priced makes money for the taxpayers. Well, Again, this is a bank that benefits a lobbyist in Washington, D.C., and those yes, if you use special insider Wash- handful of Fortune 50 companies that who want to work hard and play by the ington accounting rules. But if you use lobby and lobby well. Now, I would de- rules. fair value accounting, something that fend their First Amendment right to do It is time for us to say ‘‘no’’ to crony the rest of America has to use, the it. I just wish they would lobby for capitalism, say ‘‘yes’’ to free enter- Congressional Budget Office says that more competition and more freedom prise, say ‘‘yes’’ to a fair economy, and it actually loses money, and in fact, it and not subsidy and special privilege. reject the Export-Import Bank. has received an actual bailout from the We know that so much of this sup- I yield back the balance of my time. Federal taxpayers before. port, Mr. Speaker, ends up in countries The SPEAKER pro tempore. All time We are told they help small business. like China and Russia. We asked the for debate has expired. And you know what? That is true in a chairman of the Export-Import Bank: Pursuant to House Resolution 450, number of cases. But yet two-thirds of So we are supposed to compete with the previous question is ordered on the the benefits go to Fortune 50 compa- China by subsidizing China? bill, as amended. nies like Boeing, like GE. They are And, Mr. Speaker, you know what his The question is on the engrossment great companies with great people answer was? Well, it is complicated. and third reading of the bill. doing great things. No, Mr. Speaker, it is not com- The bill was ordered to be engrossed I just wonder why they have to re- plicated; it is stupid. It is stupid for us and read a third time, and was read the ceive taxpayer subsidies? to subsidize China in the thought that third time. And 40 percent goes to benefit one somehow we are going to compete with MOTION TO RECOMMIT company, Boeing; that is why it is af- China. Ms. NORTON. Mr. Speaker, I have a fectionately called the ‘‘Bank of Boe- Almost $1 billion to the Democratic motion to recommit at the desk. ing.’’ Republic of the Congo, which Freedom The SPEAKER pro tempore. Is the So I know it helps some small busi- House says is the third worst human gentlewoman opposed to the bill? nesses, but other small businesses rights offender in the world. Ms. NORTON. I am. aren’t too fond of the Ex-Im Bank. The cronyism, money to Solyndra, Mr. HENSARLING. Mr. Speaker, I re- We hear from the chairman of Mi- money to Enron, $33 million to a Span- serve a point of order. chael Lewis Company in McCook, Illi- ish green energy company that Bill The SPEAKER pro tempore. A point nois: ‘‘Over the long run, Ex-Im sub- Richardson, former Energy Secretary, of order is reserved. sidies for foreign carriers creates a tilt- sat on the advisory board of the Ex-Im The Clerk will report the motion to ed playing field that means fewer U.S. Bank and then sat on the advisory recommit. airlines jobs—which translates into board of the Spanish green energy com- The Clerk read as follows: economic pain for thousands of busi- pany. Ms. Norton moves to recommit the nesses like ours and our employees.’’ How cozy. The Fannie and Freddie bill H.R. 597 to the Committee on Fi- That is the voice of small business. business model. nancial Services. Chris Rufer, founder of the Morning Corruption, the last 6 years, 75 years The SPEAKER pro tempore. The gen- Star Company: ‘‘When a company prof- total prison time, 90 criminal indict- tlewoman from the District of Colum- its from the Bank’s support, it pockets ments, 49 criminal judgments. One em- bia is recognized for 5 minutes. the money. If it defaults, taxpayers’ ployee just recently pleaded guilty to Ms. NORTON. I yield back the bal- pockets gets picked . . . it is private 19 counts of bribery. ance of my time. gain at the expense of public pain.’’ Mr. Speaker, the genius of our sys- Mr. HENSARLING. Mr. Speaker, I That too, is the voice of small busi- tem, the fairness of our system is withdraw my reservation of a point of ness. about the free enterprise system. It is order. We are told that as long as global not about crony capitalism. Your suc- The SPEAKER pro tempore. The res- competitors do this, well, we have to cess in America should depend upon ervation of the point of order is with- do it. I mean, that is an argument I how smart you work and how hard you drawn. hear from my children: everybody else work on Main Street, not who you Mr. LUCAS. Mr. Speaker, I wish to is doing it, so we have to do it. know in Washington. claim time in opposition to the motion But the truth is, almost two-thirds of Crony capitalism is a threat to our to recommit. the Ex-Im Bank book has nothing to do free enterprise system. This is Amer- The SPEAKER pro tempore. Does the with a countervailing duty. And almost ica. If you dream big dreams, if you gentleman from Texas seek recogni- 99 percent of all U.S. exports, Mr. play by the rules, you can make it on tion?

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.058 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7230 CONGRESSIONAL RECORD — HOUSE October 27, 2015 Mr. HENSARLING. Yes, I wish to b 1615 The SPEAKER pro tempore. The seek time in opposition. Mr. MULVANEY. Fair enough. committee would have the bill before it POINT OF ORDER Further parliamentary inquiry. again. Mr. LUCAS. Mr. Speaker, I make a The SPEAKER pro tempore. The gen- Mr. HENSARLING. Mr. Speaker, point of order. tleman will state his parliamentary in- again, I appreciate the gentleman from The SPEAKER pro tempore. The gen- quiry. South Carolina making his parliamen- tleman from Oklahoma will state his Mr. MULVANEY. Does the person of- tary inquiries. I think it has helped point of order. fering this motion represent to this clarify the matter. Mr. LUCAS. Mr. Speaker, in order to body that they are in favor of this mo- At this point, if it is the will of the seek time in opposition, wouldn’t the tion in order to qualify? House to send this back to committee, gentleman or gentlewoman have to be The SPEAKER pro tempore. The gen- I look forward to the vote and would be opposed to the motion to recommit? tlewoman qualified by stating her op- very happy to reconsider this in com- The SPEAKER pro tempore. Time in position to the bill. mittee. opposition is reserved for an opponent. Mr. MULVANEY. Fair enough. I yield back the balance of my time. Mr. LUCAS. So, Mr. Speaker, would Thank you, Mr. Speaker. PARLIAMENTARY INQUIRY it be in order to reaffirm that whoever The SPEAKER pro tempore. The gen- Ms. MAXINE WATERS of California. ultimately claims the time is, indeed, tleman from Texas may continue. Mr. Speaker, parliamentary inquiry. in opposition to the motion to recom- Mr. HENSARLING. Again, Mr. I wish the Chair would clarify that mit? Speaker, I would say we are having a there will be a vote taken on the mo- The SPEAKER pro tempore. The debate on the underlying bill that has tion to recommit and that, should that Chair would ascertain that before been vigorously debated on both sides. fail, this will not go back to the com- granting recognition. The motion to recommit, if people mittee under any circumstances. Is Does the gentleman from Texas seek are genuinely interested in looking for that correct? recognition in opposition to the motion an opportunity for an amendment proc- The SPEAKER pro tempore. If the to recommit? ess that was denied as the discharge pe- motion is not adopted, the bill will not Mr. HENSARLING. Yes, I have tition came to the floor. return to committee. sought time in opposition to the mo- I have served under many committee Ms. MAXINE WATERS of California. tion to recommit. chairmen on the Financial Services Well, if I may, you just said what I said The SPEAKER pro tempore. The gen- Committee. I have never known one to in reverse. And I just wanted it to be tleman from Texas is recognized for 5 bring a bill through committee that clear. minutes. was not supported by a majority of As the chairman of the committee Mr. HENSARLING. Mr. Speaker, if their members, and I did not bring this tried to state that he would be willing the gentleman from Oklahoma, an- bill because it was not supported by a to hold hearings and do what he has other valuable member of the House majority of Republican members. not done as we have tried to consider Financial Services Committee, who I I understand the ability to use this this, that if, in fact, this body does not know we are on opposite sides of this discharge petition; and if people are support it going back to committee, he issue, if the gentleman would like time looking for opportunities to amend, I has no opportunity to try to do what to speak, I would be happy to yield to wish it would have been done in the he has not done in the process. Is that the gentleman. discharge petition. correct? Mr. LUCAS. Will the gentleman yield The SPEAKER pro tempore. If the But if it is the will of the House to for a brief response? motion is not adopted, the Chair plans send this to committee, the committee Mr. HENSARLING. I yield to the to proceed. The next step would be the has had three different hearings on the gentleman from Oklahoma. question of passage of the bill. Ex-Im Bank already—a couple of them Mr. LUCAS. Mr. Chairman, I very Ms. MAXINE WATERS of California. in conjunction with the Oversight and much appreciate the opportunity to re- Thank you, Mr. Speaker. Government Reform Committee—and I spond. I think that probably it is bet- The SPEAKER pro tempore. Without would be happy to have even more ter that you finish the discussion. objection, the previous question is on hearings on the subject and listen to Mr. HENSARLING. Okay. The gen- the motion to recommit. the new points that have been brought tleman declines. There was no objection. The SPEAKER pro tempore. Does the about by this debate. The SPEAKER pro tempore. The gentleman wish to yield back? I yield to the gentleman from South question is on the motion to recommit. Carolina (Mr. MULVANEY). PARLIAMENTARY INQUIRIES The question was taken; and the Mr. MULVANEY. Parliamentary in- PARLIAMENTARY INQUIRY Speaker pro tempore announced that quiry, Mr. Speaker. Mr. MULVANEY. Mr. Speaker, I rise the noes appeared to have it. The SPEAKER pro tempore. Does the for the purpose of making another par- Mr. HENSARLING. Mr. Speaker, on gentleman from Texas yield to the gen- liamentary inquiry. that I demand the yeas and nays. tleman from South Carolina? The SPEAKER pro tempore. The gen- The yeas and nays were ordered. Mr. HENSARLING. Yes, I yield to tleman will state his parliamentary in- The SPEAKER pro tempore. Pursu- the gentleman from South Carolina for quiry. ant to clause 8 of rule XX and the order his parliamentary inquiry. Mr. MULVANEY. The reason I am of the House of today, further pro- Mr. MULVANEY. If this is not dila- confused is, I do so often hear that in- ceedings on this question will be post- tory, what is the effect of passing this troduction, the MTRs won’t kill; it poned. motion to recommit? won’t send it to committee; it will pro- VACATING DEMAND FOR YEAS AND NAYS ON I so often hear the preface, ‘‘This ceed immediately forthwith to the MOTION TO RECOMMIT doesn’t send it back to committee; it House for a vote. Mr. HENSARLING. Mr. Speaker, I doesn’t kill the bill.’’ So here is my question on a par- ask unanimous consent to withdraw The SPEAKER pro tempore. If adopt- liamentary inquiry basis. If the MTR is my request for the yeas and nays on ed, the motion would recommit the bill passed, I understand from your pre- the motion to recommit to the end back to committee. vious ruling that the bill goes back to that the motion stand disposed of by Mr. MULVANEY. So passing this mo- committee. Is it amendable in com- the voice vote thereon. tion to recommit would send this bill mittee? Or does it immediately return The SPEAKER pro tempore. Without back to committee? forthwith to the House for a vote? objection, the ordering of the yeas and The SPEAKER pro tempore. That is The SPEAKER pro tempore. The bill nays is vacated, and pursuant to the correct. would return to the committee for its earlier vote by voice, the motion is not Mr. MULVANEY. For how long? consideration. adopted. The SPEAKER pro tempore. The mo- Mr. MULVANEY. And the committee There was no objection. tion does not put a time limit on the has full control over that piece of legis- The SPEAKER pro tempore. The committee to consider the bill. lation? question is on the passage of the bill.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.060 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7231 The question was taken; and the ‘‘(A) providing a report to the Committee on The SPEAKER pro tempore. Is there Speaker pro tempore announced that Financial Services of the House of Representa- objection to the request of the gen- the noes appeared to have it. tives and the Committee on Banking, Housing, tleman from Texas? Ms. MAXINE WATERS of California. and Urban Affairs of the Senate describing There was no objection. whether— Mr. Speaker, on that I demand the yeas ‘‘(i) retail investors (and such other customers Mr. HENSARLING. Mr. Speaker, I and nays. as the Commission may provide) are being yield myself such time as I may con- The yeas and nays were ordered. harmed due to brokers or dealers operating sume simply to say, Mr. Speaker, at The SPEAKER pro tempore. Pursu- under different standards of conduct than those one time this administration told us, if ant to clause 8 of rule XX, further pro- that apply to investment advisors under section you liked your doctor, you could keep ceedings on this question will be post- 211 of the Investment Advisers Act of 1940 (15 them. Now this same administration is poned. U.S.C. 80b–11); telling us, if you like your financial ad- ‘‘(ii) alternative remedies will reduce any con- viser, you can keep them. The first PARLIAMENTARY INQUIRY fusion or harm to retail investors due to brokers Mr. HENSARLING. Mr. Speaker, par- or dealers operating under different standards promise was broken, and now they are liamentary inquiry. of conduct than those standards that apply to in the process of breaking the second The SPEAKER pro tempore. The gen- investment advisors under section 211 of the In- promise due to something called the tleman will state his parliamentary in- vestment Advisers Act of 1940 (15 U.S.C. 80b–11), Department of Labor fiduciary rule. quiry. including— It will take away investment advice ‘‘(I) simplifying the titles used by brokers, from hundreds of thousands, if not mil- Mr. HENSARLING. Since I withdrew dealers, and investment advisers; and the request for the yeas and nays on lions of low- and moderate-income peo- ‘‘(II) enhancing disclosure surrounding the ple all around the Nation who rely the motion to recommit, then would it different standards of conduct currently appli- be possible for the ranking member, cable to brokers, dealers, and investment advis- upon this advice to save for retirement. the gentlewoman from California, to ers; This is something that should be con- withdraw her request for the yeas and ‘‘(iii) the adoption of a uniform fiduciary sidered by the Securities and Exchange nays on the underlying bill, should she standard of conduct for brokers, dealers, and in- Commission, and there has been out- so choose? vestment advisors would adversely impact the standing work by the gentlewoman commissions of brokers and dealers, the avail- Ms. MAXINE WATERS of California. from (Mrs. WAGNER) who has ability of proprietary products offered by bro- been at the forefront of protecting re- Mr. Speaker, that is wishful thinking kers and dealers, and the ability of brokers and on the part of the chairman. I will not. dealers to engage in principal transactions with tail investors, the small moms and pops planning for their retirement. f customers; and ‘‘(iv) the adoption of a uniform fiduciary Mr. Speaker, I yield 5 minutes to the RETAIL INVESTOR PROTECTION standard of conduct for brokers or dealers and gentlewoman from Missouri (Mrs. WAG- ACT investment advisors would adversely impact re- NER). Mr. HENSARLING. Mr. Speaker, pur- tail investor access to personalized and cost-ef- fective investment advice, recommendations b 1630 suant to House Resolution 491, I call up about securities, or the availability of such ad- Mrs. WAGNER. I would like to thank the bill (H.R. 1090) to amend the Secu- vice and recommendations. Chairman HENSARLING and Sub- rities Exchange Act of 1934 to provide ‘‘(4) ECONOMIC ANALYSIS.—The Commission’s committee Chair GARRETT for their protections for retail customers, and conclusions contained in the report described in support on this tremendous issue. for other purposes, and ask for its im- paragraph (3) shall be supported by economic analysis. Mr. Speaker, today I am pleased to mediate consideration in the House. stand before the House as the sponsor The Clerk read the title of the bill. ‘‘(5) REQUIREMENTS FOR PROMULGATING A RULE.—The Commission shall publish in the of H.R. 1090, the Retail Investor Pro- The SPEAKER pro tempore. Pursu- Federal Register alongside the rule promulgated tection Act. This important legislation ant to House Resolution 491, an amend- pursuant to paragraph (1) formal findings that that I have sponsored and worked on ment in the nature of a substitute con- such rule would reduce confusion or harm to re- for 3 long years now came about after sisting of the text of Rules Committee tail customers (and such other customers as the my colleagues on the Financial Serv- Print 114–31 is adopted, and the bill, as Commission may by rule provide) due to dif- ices Committee and I, along with Mem- amended, is considered read. ferent standards of conduct applicable to bro- kers, dealers, and investment advisors. ber of Congress on both sides of the The text of the bill, as amended, is as aisle saw the potential negative effects follows: ‘‘(6) REQUIREMENTS UNDER INVESTMENT ADVIS- ERS ACT OF 1940.—In proposing rules under para- that this rulemaking from the Depart- H.R. 1090 graph (1) for brokers or dealers, the Commission ment of Labor could have on millions Be it enacted by the Senate and House of Rep- shall consider the differences in the registration, of Americans seeking advice on how to resentatives of the United States of America in supervision, and examination requirements ap- invest their retirement savings. Congress assembled, plicable to brokers, dealers, and investment ad- For that reason, we felt it was impor- SECTION 1. SHORT TITLE. visors.’’. tant to put the Securities and Ex- This Act may be cited as the ‘‘Retail Investor The SPEAKER pro tempore. After 1 change Commission—the primary and Protection Act’’. hour of debate on the bill, as amended, expert regulator for these financial SEC. 2. STAY ON RULES DEFINING CERTAIN FIDU- it shall be in order to consider the fur- professionals—in charge of studying CIARIES. ther amendment printed in House Re- After the date of enactment of this Act, the and writing the rules on this issue. Secretary of Labor shall not prescribe any regu- port 114–313, if offered by the gen- This isn’t such a radical idea. In fact, lation under the Employee Retirement Income tleman from Massachusetts (Mr. this is what Congress intended when Security Act of 1974 (29 U.S.C. 1001 et seq.) de- LYNCH), or his designee, which shall be they included section 913 in the Dodd- fining the circumstances under which an indi- considered read, and shall be sepa- Frank financial reform bill. vidual is considered a fiduciary until the date rately debatable for 10 minutes equally Mr. Speaker, the same legislation re- that is 60 days after the Securities and Ex- divided and controlled by the pro- ceived the support of 30 House Demo- change Commission issues a final rule relating ponent and an opponent. crats last Congress, and, once again, I to standards of conduct for brokers and dealers The gentleman from Texas (Mr. HEN- pursuant to the second subsection (k) of section hope that they heed the concerns and SARLING) and the gentlewoman from 15 of the Securities Exchange Act of 1934 (15 the warnings that their constituents U.S.C. 78o(k)). California (Ms. MAXINE WATERS) each have provided them about the dire con- SEC. 3. AMENDMENTS TO THE SECURITIES EX- will control 30 minutes. sequences this rule will have on Ameri- CHANGE ACT OF 1934. The Chair recognizes the gentleman cans’ retirement savings. The second subsection (k) of section 15 of the from Texas. Make no mistake. There is a savings Securities Exchange Act of 1934 (15 U.S.C. GENERAL LEAVE crisis in this country. About half of all 78o(k)), as added by section 913(g)(1) of the Mr. HENSARLING. Mr. Speaker, I households age 55 and over have no re- Dodd-Frank Wall Street Reform and Consumer ask unanimous consent that all Mem- tirement savings at all. How does this Protection Act (12 U.S.C. 5301 et seq.), is amend- ed by adding at the end the following: bers may have 5 legislative days within happen? ‘‘(3) REQUIREMENTS PRIOR TO RULEMAKING.— which to revise and extend their re- Unfortunately, for many people, like The Commission shall not promulgate a rule marks and submit extraneous mate- that single mother of two who gets pursuant to paragraph (1) before— rials on the bill under consideration. paid on the 15th and 30th of each

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.061 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7232 CONGRESSIONAL RECORD — HOUSE October 27, 2015 month, there is just too much month Washington-knows-best-for-you gov- Such a commonsense update in the at the end of the money after paying ernment, whether it is what you see in law to address these conflicts is long for mortgages, groceries, medical bills, your health care that you need, the overdue and, indeed, at the Depart- and other expenses, and saving for re- food that you can eat, and now whom ment, is over 5 years in the making. tirement ultimately gets pushed off you can talk to for the financial advice During that time, the Department has until the next month and the next for your retirement savings. published an initial 2010 proposal, solic- month and so on. According to President Obama, Sen- ited feedback, held public hearings on For many American households, a ator , and now even that proposal, and issued even a repro- trusted financial adviser is the key Secretary —who are all posal this past spring. link to helping them see the benefits in big supporters of this DOL fiduciary Since that reproposal was published, saving early and helping them realize rule—the only person whom you actu- the public and interested stakeholders how to save and grow their investment. ally need to be protected from ulti- have had 164 days of public comment, 4 The vast majority of those financial mately is yourself. I strongly disagree. full days of multi-panel public hear- professionals already provide advice I give the American people a lot more ings, and ample opportunity to meet and recommendations that are in the credit than that, and I refuse to stand with the Department, which held over best interest—the best interest—of by and let this administration advance 100 meetings with interested stake- their clients. another onerous regulation that ulti- holders, not including meetings with Unfortunately, this rulemaking from mately takes your freedoms, makes de- Members of Congress. the Department of Labor could poten- cisions for you, and brings us closer to Thanks to the Department’s dili- tially cut access, limit choice, and a government-planned life. gence and willingness to listen to stakeholder concerns, the proposal now raise costs for that kind of financial Mr. Speaker, I strongly support H.R. enjoys broad support, including sup- advice, putting the goal of retirement 1090, the Retail Investor Protection port from 95 financial services groups, even further out of reach. Act, and I urge its passage. public interest, civil rights, and con- The Department of Labor states that Ms. MAXINE WATERS of California. sumer organizations, labor unions, and this rule simply would require finan- Mr. Chairman, I yield myself such time many investment advisers who are al- cial advisers to act in the best inter- as I may consume. ready providing advice to savers under ests of their customers. Well, who Mr. Speaker, H.R. 1090 would halt the Department of Labor’s ongoing efforts a fiduciary standard. These groups would argue with that? Unfortunately, to protect American retirement savers range from the AARP, Public Citizen, when you start to get into the over from investment advice that conflicts the Consumer Federation of America, 1,000 pages of regulatory text with the with their best interests. to the Financial Planning Coalition, exemptions and addendums, it becomes The bill would prohibit the Depart- among many others. clear that it isn’t quite that simple. ment from promulgating any rule on All this points to the Department’s The increased compliance burdens the issue until 60 days after the Securi- tangible efforts to take a balanced, and further legal liability that will be ties and Exchange Commission final- measured approach to developing a required under this regulation will izes its own fiduciary rule for invest- rule that works. I fully support their make it very difficult for many brokers ment advisers and broker dealers. efforts to continue to work towards its to continue servicing small accounts, The bill would then delay the SEC’s completion not only because it is nec- which predominantly belong to low- long overdue rulemaking by requiring essary, but because it just makes com- and middle-income Americans who are the Commission to first report to Con- mon sense. just starting to save and haven’t built gress a separate economic analysis What is more, the need to update the up their retirement nest egg. that, among other things, considers law quickly is urgent. Hardworking Mr. Speaker, 98 percent of all IRAs how a new standard would affect a bro- Americans lose an estimated $17 billion with less than $25,000 are in a broker- ker’s profit. per year—or $47 million per day—to age relationship today. For that rea- These delays are unacceptable and ig- conflicted retirement investment ad- son, this rule will actually hurt the nore the real issue that the Depart- vice. very people that it aims to protect. We ment is trying to address: conflicted While we should clearly encourage must not play politics with their re- retirement investment advice that the Securities and Exchange Commis- tirement savings, and that is what this costs our Nation’s workers and retirees sion to also update its own rules on in- administration is doing. an estimated $17 billion a year. vestment advice over securities, we We have already seen this happen in The Department’s rulemaking would should not make retirement savers the United Kingdom. They enacted a do so by requiring persons providing re- wait any longer for protection by hing- similar regulation in 2013, and we have tirement advice to put the interests of ing the DOL’s rulemaking to the seen since then over 300,000 clients their clients ahead of their own and SEC’s, as H.R. 1090 would do. dropped by their financial advisers be- abide by a fiduciary duty, the same Mr. Speaker, I support the Labor De- cause their account balances were too duty that we expect from our doctors, partment’s efforts to finalize a rule and small. lawyers, and trustees. urge my colleagues to vote ‘‘no’’ on Now the U.K. Government is launch- Simply put, a financial adviser H.R. 1090. ing an investigation into the ‘‘advice should not be paid more for recom- Mr. Speaker, I reserve the balance of gap’’ that exists for those people who mending one product over another, but my time. Mr. HENSARLING. Mr. Speaker, I do not have significant wealth. With should abide by a fiduciary standard of yield 2 minutes to the gentleman from this regulation from the Department of care. Would you be comfortable if your New Jersey (Mr. GARRETT), the distin- Labor, the same thing will happen here doctor was paid more for an office visit guished chairman of our Capital Mar- in the United States of America where for recommending one drug over an- kets and Government Sponsored Enter- there will be two different classes of in- other or for a lawyer to be paid more prises Subcommittee. vestors, those who can afford financial for interpreting the law one way or the Mr. GARRETT. Mr. Speaker, I thank advice and those who cannot. other? No, of course not. Yet, we allow the chairman. Mr. Speaker, this is not a Wall Street these same conflicts to exist with those I thank Mrs. WAGNER as well. issue. This is as Main Street as it gets. that are providing millions of hard- As you know, Mr. Speaker, the De- Washington should not be making it working Americans with advice on partment of Labor’s fiduciary rule is more difficult for Americans to save their retirement savings. built upon faulty assumptions, faulty for retirement. Instead, we need to em- These conflicts encourage investors analysis, and faulty understanding ba- power people to earn more and save to, for example, push a 70-year-old re- sically of how the retirement system more and have choices for where to get tiree to invest more of her savings in a actually works in this country. It is their help in making their financial de- stock fund rather than a less risky really consistent with other policies of cisions. Unfortunately, the Department short-term bond fund simply because this administration. of Labor is following along with every- the adviser receives 150 percent more This rule will have a disparate im- thing else we have seen under the for making the riskier recommenda- pact and a negative impact upon mid- Obama administration, a top-down, tion. dle class Americans and minorities in

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.063 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7233 this country, many of whom will find it withdrew the original 2010 proposal and Wisconsin (Mr. DUFFY), chairman of difficult, if not impossible, to receive put forward the reproposed rule in 2015, the Oversight and Investigations Sub- guidance from a financial professional 5 years. As we discussed it, they have committee of the Financial Services for their retirement. committed to making considerable im- Committee. This is not me saying this. The De- provements. Mr. DUFFY. Mr. Speaker, we, before partment of Labor’s own analysis Now, the SEC has yet to begin the this debate, were having a debate on shows that investors who do not work process of a related rulemaking 5 years the Ex-Im Bank, and I made a point with a professional will risk making after the Department of Labor began about my friends across the aisle mistakes that cost them up to $100 bil- the process, and they have made it standing up for big businesses, the cro- lion. really clear that they don’t think they nyism between big government and Big So today, Mr. Speaker, Congress has will get to it. Business. In this debate, they have a an opportunity to stand up on behalf of I do want to point out—since I have chance now to stand with small inves- struggling American families and sup- 3 whole minutes here—that it has been tors, the men and women around this port this legislation. very difficult to get the majority party country who put a little bit away every We have proof to show that this leg- to agree to providing the SEC with the paycheck to hopefully have a little islation really is necessary because we needed resources that would, in fact, nest egg for their retirement, to stand had folks coming to Washington to tes- enable them to undertake the work with those people to make sure that tify about it who supported the DOL that the Department of Labor has al- when they get to their retirement, rule. They said do not worry. They said ready put forward on this. So I don’t they have a nest egg that is worth that, if the traditional brokerage firms think we should wait until after the something, and to make sure that can’t live with a simple fiduciary SEC acts to issue a rule. And this legis- those folks have advice along the way. standard and refuse to serve modest lation before us would only delay these The way the Department of Labor savers, so be it. Other financial profes- important consumer protections. rule is structured is that most Ameri- The Department of Labor has re- sionals such as them on and off the cans aren’t going to be able to get ad- ceived a lot of feedback, especially Web who embrace the client-first ap- vice from a financial adviser; they are from me. Mr. Speaker, I have been ex- proach stand ready to help Americans going to be driven to a robo-adviser. tremely vocal in highlighting areas, prepare for a secure retirement. Well, What that means is they are going to some of them which you have heard on that was Rebalance IRA. have to go to a Web site, answer about the other side mentioned here today— Someone went to that company, a 6 to 10 questions, and the Web site will very vocal on the reproposed rule modest American, and said, ‘‘Will you pump out a generic investment sugges- where I think it needs to be improved service us?’’ This was their response: tion for them. No personally tailored and, in fact, led a letter to the Depart- ‘‘If you have scheduled a call with us, advice from a financial adviser. I want you to be aware that, as much ment of Labor with 96 Democratic col- That also has another effect. Think as we would enjoy discussing your re- leagues signing on to that letter. last month or 2 months ago in August tirement goals, until you have at least b 1645 when we had market movement. A lot $100,000 in a retirement account, our However, I do think that the time is of people get freaked out and they sell. service at this time is not really the now for Congress to partner with the But if you have an adviser, they say: best solution for you. Our fees will ab- DOL, with industry, and with retire- Hold on. No, no, no, we have a long- sorb too much of your investment re- ment savers toward the best possible term plan here. Don’t sell, don’t sell. turn, which runs counter to our man- final rule to encourage and protect re- Hold on. We are going to weather this date to help you to retire.’’ tirement savings. storm together. So, Mr. Speaker, the very same peo- Now, I want to mention that the But is a robo-adviser, the text from ple who say the system will work under overwhelming majority of advisers are the DOL guidelines prove that, when the computer, going to calm your good people with their clients’ best in- nerves so that you don’t sell your port- people of modest means—Americans terest at heart. In fact, no one in this who are simply trying to scrape by folio? This doesn’t work for the Amer- debate is suggesting that we don’t sup- ican people. each week and each month and put a port policy which puts the best interest little bit away—will not have that in- What the Department of Labor is of the client first and foremost. But doing is saying: If you are wealthy, if vestment advice which their very own when financial advisers are unscrupu- Department of Labor says is necessary you have a lot of money, if you have a lous, they have a devastating impact big nest egg, then you can get advice. to get by and to fulfill the American on retirement savers. Dream. But if you are poor or middle class, a Further, when advisers are respond- middle-income American, you are not The Retail Investor Protection Act ing to skewed incentives that encour- will restore regulation to the market entitled to the same advice of the age conflicts and put clients in prod- wealthy and the powerful. to where it belongs: with the SEC. It ucts, that may be okay for the client, will prevent the Department of Labor I am mostly concerned about one but placement in these products are other point here, is that if this rule from worsening the retirement savings driven primarily by the adviser’s crisis that our country is facing. I say goes into effect and less Americans bonus. save and have less return on their in- support the American Dream. Support The SPEAKER pro tempore. The vestment, when they get to their re- this legislation. time of the gentlewoman has expired. Ms. MAXINE WATERS of California. Ms. MAXINE WATERS of California. tirement years, they are going to be I yield 3 minutes to the gentlewoman I yield the gentlewoman an additional more reliant on the government. We from Wisconsin (Ms. MOORE), the rank- 30 seconds. want people less reliant. We want peo- ing member of the Monetary Policy Ms. MOORE. The DOL rule that is ple to take more responsibility so they and Trade Subcommittee on the Finan- being reproposed seeks to mitigate have a nest egg to fund their retire- cial Services Committee. these conflicts of interest so that the ment years, pay for themselves. The Ms. MOORE. I thank you so much, best advisers in companies get clients way this is structured, you will have Madam Ranking Member. and compensation based on the best in- less people doing that and more people Mr. Speaker, I rise in opposition to terest and the outcomes for their cli- looking to the government for care. I H.R. 1090. I must say to Representative ents. guess that is a greater debate that we WAGNER she is correct when she says I think that this is a backdoor ap- have in this institution: Do we want that there were 30 Democrats—I am proach to kill the rule, any rule, and it more people relying on the govern- one of them—who supported similar will leave gaping loopholes in Federal ment? legislation, but that was before the De- laws. I think the only conclusion I can partment of Labor reproposed the con- My advice to my colleagues is that draw with your support for this rule is, flict of interest rules, gave us sort of we defeat this bill. absolutely, yes. That is a wrong ap- an unprecedented 164-day comment pe- Mr. HENSARLING. Mr. Speaker, I proach. We come from a long line of riod during the reproposal, and they yield 2 minutes to the gentleman from people who believe in self-reliance, in

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.064 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7234 CONGRESSIONAL RECORD — HOUSE October 27, 2015 taking care of ourselves and our fam- tions for retirement savers while providing has been incredibly responsive, very re- ily. This rule from the Department of the flexibility necessary to enable firms op- sponsive to legitimate concerns that Labor is bad. Let’s fix it with this bill. erating under a variety of business models to have been raised. They have been more Ms. MAXINE WATERS of California. comply. While adjustments can and doubt- than willing to engage with Congress Mr. Speaker, I yield 3 minutes to the less will be made to clarify and streamline certain of the rule’s operational require- and with industry and with investors gentlewoman from New York (Mrs. ments, the rule’s overall framework is sound. to come up with better solutions. CAROLYN B. MALONEY), the ranking Contrary to the misinformation that has But this bill before us would effec- member of the Subcommittee on Cap- swirled around the DOL proposal, it actually tively stop the Department of Labor’s ital Markets of the Financial Services will help, not hurt, small savers. They need rule in its tracks, which is the com- Committee. the protections of the best interest standard pletely wrong thing to do if you want Mrs. CAROLYN B. MALONEY of New more than any other workers and retirees, to protect investors. York. Mr. Speaker, I thank the rank- since they can least afford high fees and poor This bill is also redundant, unneces- ing member for yielding and for her returns on their savings. And if some advis- sary, and really reflects a misunder- leadership on this issue. ers really do pull back, there are plenty of standing of the law. advisers happy to provide affordable, best in- Mr. Speaker, I include in the RECORD One of the core principles of the Em- terest advice to clients at all income levels. over 95 investor protection and con- We can only hope that the SEC eventually ployee Retirement Income Security sumer protection groups who ada- will follow DOL’s lead and craft a similarly Act, or ERISA, was that investments mantly support the position of the De- strong and effective rule for non-retirement made for the purpose of retirement se- partment of Labor rule that protects accounts. But in a nation that faces a retire- curity should enjoy special protections investors and consumers. ment crisis, and with DOL ready to act, we under the law. That is what this DOL cannot afford to wait. We therefore urge you SAVE OUR RETIREMENT, rule does. This, by definition, means October 26, 2015. to reject H.R. 1090—or any legislation that that the protections under ERISA are would stall, derail or interfere with the DOL OPPOSE H.R. 1090, THE MISNAMED ‘‘RETAIL supposed to be different than the pro- rulemaking, which is proceeding under an INVESTOR PROTECTION ACT’’ tections under ordinary securities appropriate deliberative process—and in- DEAR REPRESENTATIVE We are writing as stead support DOL’s efforts to finalize a rule laws. They should be more protective organizations that strongly support the De- based on the sound regulatory approach it of the retirement investor. partment of Labor’s (DOL) efforts to has proposed. As a result, the SEC and the Depart- strengthen protections for working families Sincerely, ment of Labor have different respon- and retirees by requiring the financial pro- AARP, American Federation of State, sibilities. When two agencies have dif- fessionals they turn to for retirement invest- County and Municipal Employees ferent responsibilities, it is completely ment advice to act in their best interests. As (AFSCME), Alliance for a Just Society, Alli- appropriate for them to move sepa- such, we oppose H.R. 1090, the misnamed ance for Retired Americans, American Asso- rately and even to write different rules. ‘‘Retail Investor Protection Act,’’ and urge ciation for Justice, American Association of you to vote NO when the bill is considered on This bill would also require the SEC University Women, Americans for Financial to conduct yet another study—or I the House floor. Reform, Association of University Centers H.R. 1090 is a clear attempt to thwart DOL on Disabilities, Better Markets, Center for would call it a delay—on a uniform fi- action by making the Department wait for Community Change Action, Center for Glob- duciary standard for broker-dealers. years and possibly indefinitely until after al Policy Solutions, Center for Responsible We already required the SEC to con- the Securities and Exchange Commission Lending. duct a study on this issue in Dodd- (SEC) finalizes a rule under securities laws— The Committee for the Fiduciary Stand- Frank, and the SEC staff’s rec- a process that the SEC has not yet initiated. ard, Consumer Action, Consumer Federation ommendation in that study was that And, to further delay action, the bill imposes of America, Consumers Union, Fund Democ- on the SEC new requirements to engage in the SEC should, in fact, adopt a uni- racy, International Association of Machin- form fiduciary standard for broker- further economic analysis, beyond the exten- ists and Aerospace Workers, International sive analysis it has already conducted, and Brotherhood of Boilermakers, International dealers. make formal findings before promulgating a Brotherhood of Electrical Workers Union, Requiring the SEC to conduct largely rule. By impeding DOL’s efforts, this bill Leadership Conference on Civil and Human the same study that they already con- would in no way protect retail investors; in- Rights, Lynn Turner, former chief account- ducted in 2011—I believe they can move stead, it would protect those financial pro- ant, SEC, Main Street Alliance. ahead with their own fiduciary rule—is fessionals who take advantage of loopholes Metal Trades Department, AFL–CIO, Na- pointless and shows that the true in- in the law to profit at their clients’ expense. tional Active and Retired Federal Employees This approach would effectively cripple tent of the bill, the underlying bill, is Association (NARFE), National Council of to delay both the Department of La- DOL’s ability to fulfill its unique and crit- LaRaza, National LGBTQ Task Force Action ical regulatory role under ERISA. When Con- Fund, National Organization for Women, bor’s rule and any future SEC rule gress enacted ERISA, it intentionally set a Pension Rights Center, Public Citizen, Pub- which ultimately is there to protect higher standard for protecting retirement as- lic Investors Arbitration Bar Association, the retirement saver and investor. sets than applies to other investments. Service Employees International Union I urge my colleagues to oppose this There are good reasons to do so. Retirement (SEIU), United Auto Workers, United Steel- bill, and I urge them to vote for inves- assets are special, as evidenced by the fact workers, Paper and Forestry, Rubber, Manu- tor protections and to protect con- that they are heavily subsidized by the gov- facturing, Energy, Allied Industrial and ernment through the tax code. These tax sumers. I urge a very strong ‘‘no’’ vote. Service Workers International Union (USW), Mr. HENSARLING. Mr. Speaker, I subsidies should flow to individuals, not fi- U.S. PIRG, Wider Opportunities for Women. nancial firms, and should not be depleted by yield 1 minute to the gentleman from conflicts of interest. Mrs. CAROLYN B. MALONEY of New California (Mr. ROYCE), chairman of Retirement savers who are struggling to York. Mr. Speaker, the Department of the House Foreign Affairs Committee. fund an independent and secure retirement Labor’s fiduciary duty rule advances a Mr. ROYCE. Mr. Speaker, I rise need financial advice they can trust is in very simple principle: If you are giving today in support of the Retail Investor their best interest. Today, neither our secu- advice to retirement savers and you Protection Act. rities regulations nor the rules under ERISA are being compensated for your advice, The Department of Labor’s proposal provide that assurance. Instead, both sets of then you have to put your customers’ here is going to harm the very working regulations expose retirement savers to rec- ommendations from conflicted advisers who interests first. class Americans that the administra- are free to recommend products based on It is worth noting that most inves- tion claims that it is supporting. their own financial interests rather than tors already think that this is the law, This is not hyperbole, this is not a those of their customers. The DOL pro- even though it isn’t. hypothetical. I want to give you the posal—which combines a best interest stand- So the Department of Labor’s rule is real results of what happened in the ard with meaningful restrictions on the prac- a much-needed update of the rules gov- United Kingdom when it enacted simi- tices that undermine that standard—offers erning investment advice to retirement lar regulation in 2013. Here are the dis- significant progress toward addressing this savers. I would say we have a par- astrous results: 310,000 clients were problem. There is no reason to force the DOL ticular responsibility as legislators to dropped; 60,000 new investors were re- to wait for the SEC, since only the DOL has the authority and expertise to close the loop- protect retirement savers, which is jected; an estimated 11 million poten- holes in the ERISA rules. what the DOL rule does. tial savers were priced out of advice. DOL has succeeded in crafting a balanced While the proposed rule is not per- In the face of these facts, the Depart- rule that provides much needed new protec- fect, no rule ever is. The Department ment of Labor continues to insist on

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.065 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7235 applying the failed philosophy of ‘‘gov- Since April, the Department of Labor The Department of Labor is choosing ernment knows best’’ to retirement has been engaged in this necessary to ignore Congress and the people it savings. rulemaking process. The Department claims to protect. On July 29, I sent Mr. Speaker, I thank the gentle- has informed us that over that time, it two separate letters to Secretary woman from Missouri for her leader- provided the American public a total of Perez. It has now been almost 3 ship on this, and I urge my colleagues 164 days to submit comments; they months, and he has done nothing to ad- to support this legislation. conducted 4 full days of public hear- dress the concerns of my constituents. Ms. MAXINE WATERS of California. ings; and convened over 100 meetings. There are now at least 51 of my col- Mr. Speaker, I yield 5 minutes to the That total doesn’t account for meet- leagues, both Republicans and Demo- gentleman from Virginia (Mr. SCOTT), ings they have held with Members of crats, who share my concerns that list- the ranking member of the Education Congress. ed options would no longer be permis- and the Workforce Committee. Now the Department is completing sible in retirement accounts. The Mr. SCOTT of Virginia. Mr. Speaker, its work on the rule and is taking into Labor Department claims that they are I rise in opposition to H.R. 1090, the so- account the thousands of comments it working closely with the SEC, but dur- called Retail Investor Protection Act. received. Here in Congress, we should ing a hearing last Friday, a key wit- This bill puts an effective end to the just let them finish their job. ness from the SEC could not provide Department of Labor’s responsible ef- Millions of Americans rely on finan- me with one example of when the fort to modernize a fiduciary standard cial advisers for advice on how to pro- Labor Department had included any under the Employee Retirement In- tect their hard-earned retirement sav- SEC input. come Security Act, or ERISA, that was ings, and it is about time that we en- It is time for the administration to implemented 40 years ago. sure that those Americans are provided stop restricting where and how Ameri- As we all know, our country’s retire- advice consistent with their best inter- cans choose to pursue financial sta- ment savings landscape has changed est, not with what would ultimately be bility and security. Vote ‘‘yes.’’ significantly since that time. Forty in the best interest and profit for the Ms. MAXINE WATERS of California. years ago, the majority of retirement adviser. I yield 3 minutes to the gentleman assets were held in defined benefit I, therefore, urge my colleagues to from Texas (Mr. AL GREEN), the rank- plans and managed by professionals. defeat this legislation. ing member of the Subcommittee on Forty years ago, employer-based 401(k) Mr. HENSARLING. Mr. Speaker, I Oversight and Investigations on the Fi- plans did not exist and IRAs had just yield 2 minutes to the gentleman from nancial Services Committee. been established. Illinois (Mr. HULTGREN), a very impor- Mr. AL GREEN of Texas. I thank the Today, Americans have more than tant member of the House Financial ranking member for her outstanding $12 trillion invested in 401(k) plans and Services Committee. work and efforts in this area. The gen- IRAs, and they have to make their own Mr. HULTGREN. Mr. Speaker, I tlewoman has truly been a champion financial decisions. Many workers and thank the chairman. for people—the very little people who Today, I rise in support of legislation their families don’t have the expertise some people have styled we are talking that will protect hard-working Ameri- in managing investment portfolios and about today. so they often have to rely on financial cans’ access to retirement advice. Mr. Speaker, the best way, without The Labor Department is aggres- advisers to help them save for retire- question, to get the SEC to act would sively pushing a flawed rule which ment. be to allow the DOL to act. If the DOL might be a political win for the Obama While many of those advisers do is allowed to promulgate its rules, I administration but would come at the right by their clients, others do not. guarantee you the SEC will move with expense of Americans trying to save for There is a lot of different financial an additional amount of deliberate retirement. This is why I cosponsored products that Americans can purchase. speed. the Retail Investor Protection Act. Some have extremely high fees, while The administration claims the plan Currently, the DOL is simply at- comparable products—and perhaps that they have put forward will help tempting to cause people who act as fi- even better ones—have lower fees. This people trying to save for retirement. nancial advisers to have fidelity to current standard allows for unscrupu- Instead, it would hurt many of them. their clients above their own personal lous advisers to give conflicted advice The Labor Department has proposed interests. What is so unusual about the and push a financial product from restricting retirement advice and re- concept is the person who is working which they will reap a bigger profit ducing options for what financial in- for you having fidelity that benefits even if the product is not in the best struments can be used to save for the you as opposed to the person who is interest of their client. future. working for you. It is individuals with modest retire- Most concerning, the regulatory Right now, as the laws exist, a person ment savings—many of our constitu- costs would hit those who have had dif- acting as a financial adviser can be- ents—who stand to lose the most from ficulty saving the hardest. One firm in come a financial predatory adviser. Not receiving conflicted advice. National my district with dozens of offices that all are. I am not accusing the industry Public Radio recently conducted a se- serve more than 30,000 customers told of anything. I am just making a point ries that in part highlighted how me that they fear the Labor Depart- about what can happen. When this hap- Americans are losing billions of dollars ment proposal will make it impossible pens, the person who is to give you ad- every year out of their retirement ac- to offer quality services to low- and vice—for a fee, I might add—can sell counts because they are paying exces- middle-income customers. you a product for a higher fee and that sive fees. has a higher risk as opposed to a simi- As a hypothetical example, NPR b 1700 lar product with a lower fee and that cited a person who invests $10,000 and Clearly, the administration has no carries a lower risk. The higher fee is that investment makes a 7 percent re- concept of what these rules will mean the temptation that will cause preda- turn every year. Over 40 years, that in- for Main Street investors, and they tory financial advisers to manifest vestment would be worth almost have chosen to ignore the benefits pro- themselves and take actions against $150,000. But if you have invested in a vided by retirement advisers. My con- the best interests of the clients, who fund that charges a 2-percent annual stituents tell me they save more be- are paying them to represent them and fee, now you have cut the return down cause of the advice they get. Relatively benefit them. from 7 percent down to 5 percent. Over simple advice, such as not making irra- We ought not allow this kind of ac- 40 years, your investment would be tional decisions in volatile markets, is tion to be sanctioned by the Congress worth about $70,000, not almost incredibly valuable, especially for less of the United States of America. What $150,000. That is, obviously, a big dif- sophisticated investors. Furthermore, the President is attempting to do by ference, and that is the kind of insid- the Department’s proposal mentions and through the DOL is to simply say: ious erosion of retirement savings that annuities 172 times, but the Regulatory If you are going to represent your cli- the Department is working to end with Impact Analysis does not examine the ent, you are going to put your interest their rule. impact on these financial products. beneath the client’s interest. You will

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.066 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7236 CONGRESSIONAL RECORD — HOUSE October 27, 2015 subordinate your interest to your cli- should not bifurcate the industry to Mr. MESSER. I thank the chairman. ent’s interest. You will not allow your- those who can afford advisers and those I thank Mrs. WAGNER for her leader- self to yield to the temptation to take who cannot. The result will be less ship on this important issue. a higher amount of money for yourself choice for consumers and a lack of ac- Mr. Speaker, I rise today in support and put your client at a greater cess for retail investors to sound finan- of the Retail Investor Protection Act. amount of risk. cial advice. The best consumer protec- Let me be clear. We all agree that in- That is all this rule is about. tion is not central planning from Wash- vestment advisers should act in the Let’s allow the rule to come into ex- ington. It is choice and competition. best interests of their clients, and we istence. If we want to debate it there- I thank Representative WAGNER for all want to ensure that low- and mid- after and amend it, we can. But let’s her leadership on this issue, and I en- dle-income investors get good financial not prevent it from ever manifesting courage my colleagues to vote for com- advice. But in life and in the world of itself by causing some to believe that petition and choice, to vote for access public debate, we are not just respon- the SEC will do what the DOL will not, to professional financial advice, and to sible for our intentions; we are also re- because the evidence is not there to defeat this rule. sponsible for our results. support the notion that we are going to Ms. MAXINE WATERS of California. That is the problem with the Depart- get faster results from the SEC. Mr. Speaker, I yield 2 minutes to the ment of Labor’s fiduciary rule. What- Finally, this: in a righteous world, gentleman from Maryland (Mr. CUM- ever their intentions, the results of we would be calling some of this activ- MINGS), the ranking member of the this administration’s policy will hurt ity fraud. Committee on Oversight and Govern- the very people they are saying they Mr. HENSARLING. Mr. Speaker, I ment Reform. are trying to help. Here is why: The yield 21⁄2 minutes to the gentleman Mr. CUMMINGS. I thank Ranking rule will increase the cost of financial from Kentucky (Mr. BARR), another Member WATERS for yielding, and I advice and force working class inves- valued member of the Financial Serv- thank her for her excellent and com- tors to pay higher fees. The fact is that ices Committee. passionate leadership not only on this most investors can’t afford these fees. Mr. BARR. Mr. Speaker, I rise today issue but on so many others. As a result, millions of investors will in support of the Retail Investor Pro- I rise today to oppose H.R. 1090, the get no advice at all. That is not good tection Act, legislation that will en- so-called Retail Investor Protection for anybody. sure investor access to personalized Act, which is anything but a protection The bill today will delay the imple- and cost-effective investment advice. for investors. mentation of the new so-called ‘‘fidu- Rather than protecting our constitu- The Department of Labor’s proposed ciary rule’’ and ensure that investors ents’ investments, this Act would pre- fiduciary rule will make it more dif- continue to have access to sound finan- vent the Department of Labor from fi- ficult for hard-working Americans to cial advice. nalizing a rule to establish a fiduciary access financial advice and to save for I urge my colleagues to protect lower standard for investment advisers until retirement. and middle class investors and stop the Securities and Exchange Commis- Time and again, I have heard from this administration’s so-called ‘‘fidu- sion finalizes a rule first. constituents throughout my central In essence, the bill before us would ciary rule.’’ Kentucky district of how this massive, prevent the Labor Department from fi- Ms. MAXINE WATERS of California. 1,000-page rule will negatively affect nalizing any rule at all. The adminis- Mr. Speaker, I yield 2 minutes to the them: Private employers and not-for- tration has already indicated it would gentleman from Maryland (Mr. SAR- profit organizations will no longer be veto this measure if it is passed by BANES). able to bring in financial advisers to Congress. Mr. SARBANES. I thank the gentle- provide educational information about This past March, Senator ELIZABETH woman for yielding. retirement plans to their employees. WARREN and I held a forum as part of Mr. Speaker, the name of this bill is Investors with small accounts will no our Middle Class Prosperity Project to the Retail Investor Protection Act. If longer be able to receive advice for consider the need for a strong fiduciary you didn’t know better, you would their 401(k) plans. Middle class inves- standard to protect Americans who are think it was a bill designed to protect tors will lose access to professional ad- saving for retirement. We heard di- the retail investor. But, in fact, it does vice, and financial products like annu- rectly from Americans who had lost the opposite of that because it blocks ities will no longer be available. More tens of thousands of dollars because the Department of Labor from putting and more Americans will be forced to they did not receive advice that was in in place commonsense rules that would seek information on the Internet or their best interests. make sure that retirement investment from robo-advisers. In some cases, people may not even advisers handle their clients with care Let’s get this straight, Mr. Speaker. realize they have placed their trust in and with a fiduciary duty. This rule will replace flesh and blood advisers who are not fiduciaries and The Department of Labor wants to professional advisers with a computer. who have no obligation to act in their update rules that are now 40 years old, As one of my constituents said to me, best interests. One study found that and that, again, makes common sense. if you think professional advice is ex- Americans who are saving for retire- Here is what happens: A retiree wants pensive, wait until you see the cost of ment lose more than $43 billion, on av- to take his 401(k) plan and make a deci- amateur advice. In short, the Depart- erage, each year because advisers don’t sion about where to invest it. The re- ment of Labor’s rule will hurt the very act in their clients’ best interests. tirement adviser comes along and of- people it is supposed to protect. The real solution, as we learned in fers up that advice. Meanwhile, the re- On July 29, Representatives WAGNER, our forum, is to have a strong conflict tiree does not realize that that person SCOTT, CLAY, and I sent a bipartisan of interest rule to ensure the advice may be getting a commission from the letter, signed by 21 Members, to Sec- Americans receive—advice they receive very funds to which that retiree is retary Perez, asking for the DOL to as paying customers—directs their being directed. stop these disruptive changes and re- hard-earned retirement savings to in- That is a conflict of interest, pure propose the rule in light of the many vestments that will work in their best and simple. negative comments. Secretary Perez interests. If you asked the average retiree, ‘‘Do replied that the DOL would not enter- This House should not put roadblocks you think we need a rule that would tain the request. That is why it is nec- in the way of this commonsense re- protect retirees and other investors essary for Congress to take action and form, which would protect our con- from this kind of conflict of interest, pass this legislation. stituents’ money. I urge all of the that would put some kind of fiduciary Look, we all agree that financial ad- Members of the House to oppose H.R. duty in place so the retirement inves- visers should act in the best interests 1090. tor is acting in the interest of the cli- of their clients, but heightened con- Mr. HENSARLING. Mr. Speaker, I ent,’’ if you said, ‘‘Do you think we sumer protections in the investment yield 11⁄2 minutes to the gentleman need a rule,’’ the average retiree would space should apply broadly and should from Indiana (Mr. MESSER), another ask, ‘‘Do you mean we don’t already not create two classes of investors. It valued member of the committee. have that rule in place?’’ He wouldn’t

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.068 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7237 believe it. He wouldn’t believe this con- Well, Mr. Speaker, I put my faith in tirement accounts, the Obama adminis- flict of interest is structurally built the people. I do not put my faith in bu- tration thinks government knows best. into the system and is resulting in bil- reaucrats who think they know better. Remember when Obamacare archi- lions of dollars being taken from work- I think that Representative WAG- tect Jonathan Gruber claimed ‘‘the ers’ retirement savings every single NER’s leadership is tremendous on this stupidity of the American voter’’? A re- year. particular issue because she feels just cent administration ruling by the De- So why is the Congress taking this as passionately as the rest of us. We partment of Labor demonstrated this up? Why are we trying to block the are not only talking about the lack of arrogance again when it said Ameri- DOL? ability, but the compliance cost, which cans ‘‘seldom have the training or spe- I fear that what is happening is Con- is going to get pushed onto that same cialized expertise necessary to pru- gress is getting pushed around again by individual. dently manage retirement assets on Wall Street and by wealthy special in- So I encourage my colleagues, I im- their own.’’ This is unbelievable be- terests. We heard a lot about crony plore my colleagues, to vote for this cause the government can’t even man- capitalism when talking about the last bill and support H.R. 1090. age the taxpayers’ dollars. bill. That is what is going on here. Ms. MAXINE WATERS of California. So their solution to our apparent stu- There is a letter in the RECORD from Mr. Speaker, I yield 2 minutes to the pidity is an $80 billion ruling that will the Koch Brothers and their gang, gentlewoman from Oregon (Ms. increase costs for low- to middle-in- and BONAMICI). come investors and limit access to FreedomWorks. They are in here try- Ms. BONAMICI. Mr. Speaker, I rise in quality investment advice. Some solu- ing to block the Department of Labor’s opposition to H.R. 1090, the misnamed tion this is. bill. Retail Investor Protection Act, which Mr. Speaker, there are already meas- So Big Money is cascading into essentially ends the progress made by ures in place to provide incentives for Washington. It is affecting the way we the Department of Labor on releasing advisers to act in their client’s best in- make policy. It is going to keep com- an updated conflict-of-interest rule terest, measures that are far less cost- ing. The fix is in. I hope my colleagues that seeks to protect our constituents’ ly and far less restrictive. To Jonathan Gruber, President will come to the floor today and vote hard-earned savings and strengthen the Obama, and members of this adminis- against this, but I am not optimistic. ability for those in the middle class to tration who think they know better Mr. HENSARLING. Mr. Speaker, I save for retirement. than the average American, let this bi- yield 2 minutes to the gentleman from In June, I had the opportunity to partisan opposition illustrate how New Hampshire (Mr. GUINTA), another speak with Secretary Perez in a hear- wrong they are. great member of the House Financial ing held by the Education and the Workforce Committee on the Depart- Mr. Speaker, I urge passage of the Services Committee. Retail Investor Protection Act. In God Mr. GUINTA. I thank Chairman HEN- ment’s work to draft a comprehensive rule and, importantly, a rule that is de- we trust. SARLING. Ms. MAXINE WATERS of California. veloped by working with diverse stake- Mr. Speaker, I stand today in strong I yield 1 minute to the gentlewoman support of H.R. 1090, the Retail Inves- holders and based on feedback from from Texas (Ms. JACKSON LEE). tor Protection Act. senior advocacy groups, civil rights Ms. JACKSON LEE. Mr. Speaker, This isn’t about the Koch Brothers. groups, and the industry that provides there are comments on this floor that This is about low- and middle-income these services. said we had to listen to those who families, seniors, people who try to This is the process that is currently came. I want to stand and listen to the take a little bit of their life savings underway. H.R. 1090 would stop this hardworking Americans who ulti- and put it away over time. You heard process. Secretary Perez is on record mately will retire. speakers earlier talking about 98 per- saying he is listening to feedback and I am tired of blocking good measures cent of the people who have IRAs have incorporating changes. Let’s allow the that protect them, such as the Labor under $25,000 in them. They are who we process to go forward, not stop it. Department’s efforts to strengthen pro- are aiming to protect. They are the I have met with families and individ- tections for working families and retir- people who are coming to us, asking— uals across Oregon who are struggling ees by requiring their financial profes- begging—for assistance, and they are to get ahead, and I know the sacrifice sionals who provide retirement invest- who we stand with because this is that is involved in each and every dol- ment advice be treated as fiduciaries America. lar they set aside to contribute to their under ERISA laws. future retirement. I am disappointed b 1715 It is important to note that this is a by the efforts today to stop this rule. simple requirement. It does not under- This is not a place where Wash- We need a level playing field to allow mine the responsibilities or the profits ington, D.C., is supposed to stand firm our constituents to take advantage of of broker-dealers and others. It just and dictate policy for everyone. We are the many opportunities that exist to simply says that they must be held to supposed to be about limited govern- grow and protect their investment. a standard to protect those retirees ment. We are supposed to be in this Na- Finally, as a former consumer pro- who have worked so very hard. tion about putting our trust and our tection attorney, I learned and know I oppose the underlying bill, H.R. faith in individuals. that strong rules can empower con- 1090. This proposed legislation by the DOL sumers and bring transparency to the I am also glad to stand on the floor does the exact opposite. It takes power marketplace. This is what the Depart- and support, however, H.R. 597, the Ex- away from the individual. It takes ment of Labor is working toward, and port-Import Bank Reform Reauthoriza- power away from the individual to talk I am disappointed in this bill’s attempt tion Act, finally to open the Bank and to their financial adviser and gain edu- to stop their important work to finish create jobs and opportunities for so cational opportunities to make in- this rule. many. formed decisions about their long-term I urge my colleagues to join me in Again, let me say that I am standing investments. opposition to H.R. 1090. with those workers who are not here, My wife and I have two kids, 10 and Mr. HENSARLING. Mr. Speaker, I retirees who have worked, hardworking 12. We are thinking about their finan- yield 1 minute to the gentleman from Americans who will have their invest- cial stability. We want to encourage Texas (Mr. WILLIAMS), another out- ments protected, by making sure that them to have long-term investments, standing member of the House Finan- those who give them advice are regu- like my folks suggested to me, so they cial Services Committee. lated and held to very high standards. can make informed decisions. But, no, Mr. WILLIAMS. Mr. Speaker, Presi- Mr. Speaker, I rise in opposition to H.R. Washington is going to decide that dent Obama would have us believe that 1090, the Retail Investor Protection Act. they can’t, that I can’t, that my folks the American people are incapable of I oppose this bill, because it would under- can’t, that the people I represent can’t, making our own choices, that we are mine efforts to curb conflicts of interest in the all in the name of ensuring that Wash- just not smart enough. From health marketing and development of retirement in- ington knows better. care to education, to now personal re- vestments, particularly for retail investors.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 9920 E:\CR\FM\K27OC7.069 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7238 CONGRESSIONAL RECORD — HOUSE October 27, 2015 I support the efforts of individuals and busi- of clients—including broker-dealers dealing instead put their clients’ best interests before nesses to succeed in the American economy. with individual IRAs, 401(k)’plan and other re- their own profits. Unfortunately for too long the success of tirement investments—as fiduciaries under Blocking the Labor Department from issuing some is coming at the total disregard for the ERISA. its rule until the SEC acts on a standard-of- rights of workers and their families. Under the proposal, financial advisers would conduct rule for broker-dealers could effec- Investments in a home, savings placed in be required to provide investment advice that tively kill the critical consumer protections that retirement accounts or into 401ks are ways for is in the best interest of the retirement investor would be provided by the Labor rule, since the working people to ensure that they will not live ‘‘without regard to the financial or other inter- bill does not require the SEC to ever issue its in poverty when they retire. ests’’ of the financial institution, adviser or rule. This bill would prevent the Department of other party. While the SEC should similarly update its Labor from addressing disparities in how the The SEC Rule allows retirement advisers to rules governing investment advice related to rights of investors are protected. be paid in various ways as long as they are securities, they argue that Congress should Broker-dealers trade securities for them- willing to put the interests of their customers not hinge the Labor Department’s efforts on selves or on behalf of their customers, and first, in certain cases allowing advisers to re- the SEC’s ability to do so. they typically charge a commission fee for ceive common types of fees that fiduciaries Labor’s rule was thoughtfully developed and each transaction and may also be com- otherwise can’t receive under the law, such as would not cause disruptions in the market, pensated with a commission from the com- commissions and revenue sharing. they say, noting that the department worked pany whose securities they trade. The Labor Department is currently reviewing with the SEC in developing the rule and that In making recommendations to clients and public comments received on its proposed rule it has taken into account the concerns of conducting transactions, they must adhere to and has not indicated when the final rule will stakeholders. ‘‘suitability’’ standards that ensure that their be issued. This bill prohibits the Labor Department recommendations are suitable to the client’s fi- Supporters of the bill argue that it is needed from implementing a final rule on fiduciary nancial situation and objectives. to prevent a potentially harmful rule from going standards for retirement investment advisers Investment advisers, meanwhile, who man- into effect. until after the Securities and Exchange Com- age the employee retirement and benefit plans The proposed Labor Department rule would mission (SEC) conducts a study and issues a for private companies, must under the Em- be very costly to broker-dealers, requiring final rule setting standards of conduct for ployee Retirement Income Security Act them to meet two separate standards when broker-dealers. (ERISA; PL 93–406) adhere to higher ‘‘fidu- advising clients: the fiduciary standard when Specifically, the Labor Department could not ciary’’ standards and take actions that are in advising on retirement issues and the suit- exercise its authority under ERISA to define the best interests of the participants. ability standard for other investment matters. the circumstances under which an individual is Among other things, such investment advis- The resulting high compliance and potential considered a fiduciary until 60 days after the ers must act solely for the interests of partici- liability costs, they say, could drive many SEC issues a final rule regarding standards of pants and beneficiaries and for the exclusive smaller broker-dealers out of the market for conduct for broker-dealers pursuant to Section purpose of providing benefits and paying plan providing retirement advice or lead them to 913 of the Dodd-Frank Act. expenses. service only larger dollar accounts, thereby The bill would not, however, require the They also must act prudently and avoid con- limiting access to professional retirement plan- SEC to issue a rule. flicts of interest. Investment advisers are paid ning and guidance for those retail investors Prior to issuing a rule, the SEC must com- through an annual flat fee for managing the in- who need it most and likely resulting in a re- plete a study and report to Congress on vestments, which is based on the size of the duction in the overall level of retirement sav- whether retail investors are being harmed by plan. ings for American workers. the lower standard of care under which bro- Broker-dealers are regulated by the Securi- They note that the United Kingdom in 2013 kers and dealers operate, and offer alternate ties and Exchange Commission (SEC) and the implemented a similar rule, which has created remedies to reduce confusion or harm to retail Financial Industry Regulatory Authority an ‘‘advice gap’’ for 60,000 investors with investors due to that different standard. (FINRA) under the suitability standard, while smaller accounts. It also must investigate whether the adop- investment advisers are regulated more di- The Dodd-Frank law, they say, gave the tion of a uniform fiduciary standard would ad- rectly by the SEC under the higher fiduciary SEC the lead role in setting the fiduciary versely affect the commissions of brokers and standard. standards, and they argue that the SEC, not dealers, the availability of proprietary products While employee retirement benefit plans are the Labor Department, is the better choice for and the ability of brokers and dealers to en- managed by investment advisers, individuals developing those rules because it is much gage with customers, as well as whether a also invest on their own for retirement and more familiar with investment markets. uniform fiduciary standard would adversely af- other purposes and often use either invest- In fact, they contend that the proposed fect access by retail investors to investment ment advisers or broker-dealers to help them Labor rule is confusing and actually conflicts advice. decide on investments and to perform the with existing rules and securities market trad- The conclusions in the report must be sup- trades in stock or investment instruments. ing practices, and that it could disrupt the ported by economic analysis. The 2010 Dodd-Frank Act required the SEC carefully considered regulatory regime applica- In developing a rule, the SEC would be re- in Section 913 of the act to report on the ble to broker-dealers and investment advisers quired to consider differences in the registra- standards of care applicable to broker-dealers that is administered by the SEC and FINRA. tion, supervision and examination require- and investment advisers, and it authorized the Broker-dealers and others operating under ments applicable to brokers, dealers and in- SEC to issue rules to extend the fiduciary the lower ‘‘suitability’’ standard often have a vestment advisers and publish formal findings standard now applicable to investment advis- direct conflict of interest, directing their cus- that the rule would reduce confusion or harm ers to broker-dealers when providing any ad- tomers to higher-cost investments that have to retail customers caused by the different vice about securities to retail customers. hidden fees or from which the advisers get standards of conduct. According to the Financial Services Com- backdoor payments. I urge my colleagues to join me in opposi- mittee, in 2011 the SEC released a staff study We say this behavior in the predatory lend- tion to this bill and protect the little that work- recommending that both broker-dealers and ing activity that led to the economic collapse ers have from their shrinking wages to protect investment advisers be held to a fiduciary in 2008. against falling into poverty once their work standard ‘‘no less stringent than currently ap- Home purchasers who could qualify for years have been spent in increasing the prof- plied to investment advisers.’’ lower fixed rates for new home purchases its of employers. This past April, the Labor Department, act- were only shown loans that had high interest Mr. HENSARLING. Mr. Speaker, ing under ERISA, proposed new rules regard- triggers that would double or triple mortgages may I inquire how much time remains ing who is covered by ERISA’s fiduciary a few years after they were purchased. on each side. standard and how that standard would be ap- The conflicts of interests in investment pro- The SPEAKER pro tempore. The gen- plied, saying that more needed to be done to grams, the White House Council of Economic tleman from Texas has 10 minutes re- protect individuals who are trying to invest and Advisers estimates, result in annual losses for maining. The gentlewoman from Cali- save for retirement. affected U.S. investors of about 1 percentage fornia has 5 minutes remaining. The proposed rule would treat all financial point, or about $17 billion per year in total. Mr. HENSARLING. Mr. Speaker, I advisers who provide retirement investment The Labor Department’s proposed fiduciary yield 2 minutes to the gentleman from recommendations and make trades on behalf rule would require all retirement investors to Arkansas (Mr. HILL), one of the hardest

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.025 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7239 working members on the House Finan- calls and emails and I have had more All across Georgia’s 12th District cial Services Committee. meetings with constituents and con- people depend on their trusted finan- Mr. HILL. Mr. Speaker, in a chamber sumers of financial services about the cial advisers to help manage their where we have no shortage of hyper- Department of Labor’s proposed fidu- hard-earned savings and plan for future bole and sanctimony, certainly this bill ciary rule than perhaps any other issue retirement. is no exception as I listen to the oppo- that has faced us in Congress. As drafted, the Department of La- sition. Why? Because the Department of La- bor’s 1,000-page rule is simply unwork- Today I rise in strong support of H.R. bor’s proposed fiduciary rule, if it is able. Unaltered, this burdensome regu- 1090, the Retail Investor Protection ever fully implemented, will actually lation would harm the very people it is Act. I want to thank Representative harm the very people that it is pur- designed to protect the most by sub- WAGNER for her leadership and the ported to protect, middle- and low-in- stantially limiting access and increas- chairman for this time. come investors. ing costs of retirement planning. We are down to the bottom of the Mr. Speaker, I came to Washington The Federal Government has no right barrel if we are quoting NPR as a to fight against out-of-control, top- to prevent low-and middle-income fam- source of economic research. There is down government bureaucracies, and ilies and small businesses from access- no credible research that justifies what this DOL rule is their latest mad cre- ing affordable financial planning ad- the Department of Labor is doing. ation. We should look for ways to in- vice. Having worked in this industry for crease access to affordable, trans- I urge my colleagues to stand up to three decades, I can speak to this on a parent, and high-growth financial prod- the Department of Labor by supporting very personal basis. ucts that meet the needs of all Ameri- H.R. 1090. Instead of working in harmony and cans, not limit them. Ms. MAXINE WATERS of California. complying with Dodd-Frank, the DOL According to a recent study by Oliver Mr. Speaker, I reserve the balance of is preempting the SEC and the FINRA Wyman, an international management my time and moving ahead with its own agenda. consulting firm, the proposed rule will Mr. HENSARLING. Mr. Speaker, I As we have said today, there is broad increase costs for investors by an aver- yield 2 minutes to the gentleman from consensus that financial advisers age of 73 percent. This increase will Pennsylvania (Mr. KELLY). should act in the best interest of their harm the ability of millions of Ameri- Mr. KELLY of Pennsylvania. Mr. customers, and they do. Any bad actors cans to get professional financial ad- Speaker, I rise in strong support of should be punished. There are existing vice. H.R. 1090. I think that we don’t have to rules and requirements for broker-deal- This is particularly disturbing, con- go back too far to look at what is hap- ers and investment managers to deal sidering research shows that assistance pening here right now. fairly and provide recommendations from a financial professional consist- It is almost a message to the Amer- that are suitable for their customers ently leads to better retirement plan- ican people: You poor, poor people. You and disclose conflicts of interest. ning. For example, according to the can’t possibly understand how to han- We have left the appearance in this same report: Advised individuals aged dle your physical health decisions. The room hanging that prices are skewed. 35 to 54 years making less than $100,000 government is going to have to step in In fact, most retail investment prod- per year had 51 percent more assets and tell you how to handle your finan- ucts are sold by a prospectus with fixed than similar nonadvised investors. cial decisions because you just can’t do prices that are fully disclosed to retail Nearly 60,000 of my constituents it on your own. investors. make a living supporting the financial So we attack those people who make We have heard today that this repro- services industry. How does this rule a living of giving good advice to people posal is an improvement over previous help them or the people they assist? I who don’t have the ability to navigate efforts by the Department of Labor. In recently heard from a financial adviser a very difficult terrain when it comes fact, that is not true, Mr. Speaker. in my district, Ken, from Blaine, Min- to their retirement. This pending rule is not an improve- nesota, who told me that this DOL rule b 1730 ment. is a solution in search of a problem and It turns its back on best practices of that it will adversely affect his clients. So who is always there to step in? new account openings and includes a Hardworking Minnesotans are grave- That knight in shining armor, that dispute resolution that turns its back ly concerned that this rule will cause parasitic leviathan that just can’t wait on dispute resolution practices in the many financial advisers to severely to gobble up every single asset that the industry that will increase litigation limit the types of products that cus- American people have. and hurt retail investors and brokers tomers want, need, and desire or, even We talk about fiduciary responsi- alike. worse, it will force advisers out of the bility. I would say that also falls in the Representative SCOTT of Georgia business. House. Really, if you are acting in the calls this proposal a straightjacket for I thank our friend, Mrs. WAGNER, for best interests of those folks who you modest investors. I could not summa- her leadership on this issue. represent or those people whose prob- rize it better. I urge my colleagues on both sides of lems you handle, you will probably get I urge my colleagues to join me in the aisle to protect middle- and low-in- a chance to come back here. If you supporting H.R. 1090 and protecting come investors by supporting the Re- handle their retirement accounts the sound retirement advice for retail in- tail Investor Protection Act. right way, they will probably keep you vestors. Ms. MAXINE WATERS of California. as their retirement adviser, and they Ms. MAXINE WATERS of California. Mr. Speaker, I reserve the balance of will also refer you to other people who Mr. Speaker, I would like to inquire my time. are having the same problem. whether Mr. HENSARLING has any more Mr. HENSARLING. Mr. Speaker, I Isn’t it amazing that it always comes speakers. yield 1 minute to the gentleman from down to the government because they Mr. HENSARLING. Mr. Speaker, I Georgia (Mr. ALLEN). know so much better than everyday have at least three more speakers. Mr. ALLEN. Mr. Speaker, it was Americans about the way things should Ms. MAXINE WATERS of California. mentioned earlier about a hearing that be done. When we have to go after some Mr. Speaker, I reserve the balance of we sat through in the Committee on group, what we do is we raise the bar so my time. Education and the Workforce on this high, we put so much responsibility on Mr. HENSARLING. I yield 2 minutes rule, which frankly I couldn’t believe. them that at the end of the day, they to the gentleman from Minnesota (Mr. The American people want choice, say: You know what? I can’t pony up in EMMER), who is last, but not least, on not another top-down government rule this game anymore. I can’t ante up. I the House Financial Services Com- where you take away their choice. am going to get out of here. Then who mittee. That is why I rise today in support of is left? Oh, my goodness, thank God for Mr. EMMER of Minnesota. Mr. H.R. 1090, the Retail Investor Protec- this safety net of a Federal Govern- Speaker, since this Congress was sworn tion Act, to block the Department of ment that has done such a marvelous in last January, I have received more Labor’s misguided fiduciary rule. job with Social Security, that does

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.071 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7240 CONGRESSIONAL RECORD — HOUSE October 27, 2015 such a marvelous job of protecting ev- it comes at the expense of the retire- vice are losing $114 billion a year. And eryday Americans. ment savings of hardworking Ameri- yet what do my friends on the other This is not a Republican initiative, cans. But we have seen the impact of side of the aisle do in cahoots with the and thank God for the gentlewoman the Republican free market on our Department of Labor? They take from Missouri, the Show Me State, to economy, most recently in 2008, when away—they take away—their profes- show us what is happening here right the big banks on Wall Street, left to sional advice. now. The Department of Labor does their own devices, caused the worst Here is a radical idea—and I admit it not have to get involved in this. As has economic collapse in a generation, one is radical—it is called freedom. Why already been said, this is a solution that destroyed nearly $16 trillion in don’t we let the customer have the hunting for a problem. household wealth and 9 million jobs, freedom of choice? My friends on the Why don’t we just use good common displaced 11 million Americans from other side of the aisle use a red herring sense? When it comes to lower income their homes, and doubled the unem- about disclosure and conflict of inter- people and lower middle-income people, ployment rate. est. they look to those folks who do finan- And yet my colleagues insist on ad- There already are rules on the books. cial advising to help them get through vancing measures like H.R. 1090, which FINRA has disclosure rules, conflict of that night, that dark night and get would encourage the continued exploi- interest rules. We believe them. They ready for retirement. Why in the world tation of American workers and retir- ought to be enforced. If they are not would we turn our back on the people ees on behalf of some financial advisers obeyed, broker-dealers can have fines, who generate all this revenue? who put their own interests in profits they can lose their license. If they are Ms. MAXINE WATERS of California. first. fraudulent, the Department of Justice Mr. Speaker, I continue to reserve the The current rules governing the pro- can criminally prosecute. That is a balance of my time. vision of retirement investment advice complete red herring. Mr. HENSARLING. Mr. Speaker, I allow conflicts that harm everyday The issue here today is whether or have no further speakers, and I am pre- Americans working hard to ensure that not low- and moderate-income people pared to close. they can retire with dignity. Every mo- can get access to financial advice Ms. MAXINE WATERS of California. ment we delay in updating those rules, under a commission-based model in Mr. Speaker, I yield myself such time unscrupulous advisers benefit $1.4 bil- order to grow their retirement ac- as I may consume. lion a month at the expense of those counts, so they can have the safety and I think it is important for me to cor- everyday Americans. security that so many Members of Con- rect the RECORD about the U.K. invest- With such large industry profits at gress already enjoy. Mr. Speaker, isn’t ment advice experience. In predicting stake, this issue will continue to be a that what is fair? Isn’t that what is the worst outcome from the Depart- prime target for the Republican major- right? Why don’t we have disclosure, ment of Labor’s rulemaking, my Re- ity. But I encourage my colleagues to and then why don’t we let people publican colleagues frequently cite the resist those who are more interested in choose? United Kingdom. They argue small in- lining their pockets than protecting I just want to come here urging all vestors will lose access to their invest- the interests of American retirees and Members to support H.R. 1090. I want ment advice. workers. to thank the gentlewoman from Mis- Let me set the record straight. Ac- I urge my colleagues to join me in souri (Mrs. WAGNER). She has been at cording to outside consultants for the voting ‘‘no’’ on H.R. 1090. the forefront of this battle all over the U.K. Financial Conduct Authority: Mr. Speaker, I yield back the balance Nation. She should be recognized as the Eliminating commissions has reduced of my time. hero she is in fighting for working investment bias and has contributed to Mr. HENSARLING. Mr. Speaker, I Americans’ retirement security. an improvement in the quality of ad- yield myself such time as I may con- I would urge that we all support this vice. sume. bill. It is so critical to the future re- There is now more competitive pres- Again, let me remind all that the ad- tirement security of all those who sure and lower product costs, and far ministration that told the American struggle every day. from having an advice gap, there is ex- people, ‘‘If you like your doctor, you We have got a case study right now cess capacity of about 5,000 advisers in can keep them’’ is now telling us, ‘‘If in the U.K. We do not want to repeat the U.K. market today according to an you like your financial adviser, you this. Let’s protect them. Let’s enact analysis by Towers Watson. There is no can keep them.’’ Not—not—in the face H.R. 1090, the Retail Investor Protec- evidence that consumers have been of the Department of Labor fiduciary tion Act. forced to go without advice as a result rule. Mr. Speaker, I yield back the balance of the regulation. The ranking member just brought up of my time. I fear that we are comparing apples the U.K. experience. Well, it is funny, Mr. VAN HOLLEN. Mr. Speaker, today’s to oranges. That is because—unlike the we heard something completely dif- legislation is very similar to a bill introduced by U.K. regulation—the DOL proposal is a ferent from what she described in our Rep. WAGNER in the last Congress. I opposed modest update that does not ban com- hearing. What we heard was, ‘‘In the that bill then, and for essentially the same rea- missions. Rather, the proposal seeks to wake of the U.K. commission ban’’— sons will oppose this bill now. simply ensure that persons providing which, Mr. Speaker, is similar to what As I indicated last year, I support consumer retirement investment advice put the the DOL fiduciary rule is—‘‘the largest choice and believe there is room for a variety interests of their clients ahead of their banks have significantly raised the of different business models in the financial own. minimum account balances required services marketplace. I also believe con- This debate touches on a funda- before they will offer financial advice sumers have a right to full transparency re- mental disagreement we continue to to investors.’’ garding compensation arrangements and to have in our respective parties. On the The number of advisers serving retail recommendations from financial services pro- one hand, Democrats are acting on the accounts plunged by 23 percent. Tens of fessionals that are based on the consumers’ belief that government should be the thousands are going without financial best interests. guardian of the interests of the people. advice because their accounts aren’t In my judgment, the Department of Labor It is a belief grounded in a fundamental large enough. What my friends on the shares these convictions and has proposed a truth: that our economy thrives with a other side of the aisle would do by workable Fiduciary Rule that embodies both of rapidly growing and diverse middle backing this DOL rule is take it away. these principles. Moreover, whenever our of- class. For the middle class to grow, the You don’t count. You are not rich fice has raised specific issues that we be- American public must have confidence enough to get any financial advice. lieved warranted further clarification or adjust- in our markets and be protected from You can’t grow your savings. ment—from so-called level-to-level funding, to bad actors. How ironic, Mr. Speaker, that the the appropriate distinction between education On the other hand, Republicans con- very same Department of Labor has and advice, to the role of annuities and other tinue to act to protect the interests of come out with a study saying that in- insurance products in Americans’ retirement a free market, driven by profit, even if vestors who do not use investment ad- security—we have found the Department both

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\CR\FM\K27OC7.072 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7241 knowledgeable about, and responsive to, the Previous Congresses realized the im- when providing advice to their clients, concerns being raised. portance of protecting workers and re- particularly clients who are saving for While I support the Securities and Exchange tirees by imposing a higher standard of retirement. Commission promulgating its own Fiduciary care and loyalty upon financial advis- Mr. Speaker, I reserve the balance of Rule, I do not believe the Department of ers who offer services and sell stocks or my time. Labor—or the retirement security of millions of bonds or other assets to be included in Mr. HENSARLING. Mr. Speaker, I Americans—can or should wait on action by retirement plans. Again, that is be- claim the time in opposition. the SEC. Accordingly, I oppose this legislation. cause retirement is different. The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. All time The basic idea of retirement plans tleman from Texas is recognized for 5 for debate on the bill has expired. works like this: if the average worker minutes. AMENDMENT NO. 1 OFFERED BY MR. LYNCH sets aside a small amount of wages reg- Mr. HENSARLING. Mr. Speaker, this Mr. LYNCH. Mr. Speaker, I have an ularly over 30 or 35 years that they are amendment essentially guts the Retail amendment at the desk. in the workforce and that amount is Investor Protection Act and puts the The SPEAKER pro tempore. The invested prudently and allowed to Department of Labor, once again, in Clerk will designate the amendment. grow, then through proper investment the driver’s seat to deny potentially The text of the amendment is as fol- and the miracle of compound interest, millions of our fellow countrymen, lows: that worker will likely have a sizable low- and moderate-income people, the Amend section 2 to read as follows: nest egg upon which they can rely in right to have their own financial ad- SEC. 2. RULES DEFINING CERTAIN FIDUCIARIES. retirement. viser, the right to have financial advice (a) RULEMAKING.—The Securities and Ex- Investing for retirement is also dif- on a commission basis. change Commission shall issue a new or re- ferent in another context. It has grave In many respects, the gentleman’s vised rule relating to standards of conduct consequences if it is done improperly amendment just gives us an oppor- for brokers and dealers pursuant to the sec- or neglected. There is no second chance tunity to vote on the same matter ond subsection (k) of section 15 of the Securi- if you are at the end of your working twice, so I am not sure exactly what is ties Exchange Act of 1934 (15 U.S.C. 78o) not later than the end of the 60-day period begin- life. You can’t go back. This is your being attempted to be achieved with ning on the date that the Secretary of Labor nest egg. It is tough to go out and get this. another job when you are at the age of issued a final rule based on the ERISA fidu- b 1745 ciary rule. retirement. You are out of time. So (b) COORDINATION REQUIRED.—In issuing a workers have a lot at stake. Again, Mr. Speaker, it is competi- rule described under subsection (a), the Se- There are huge risks for workers if tion, it is innovation that has brought curities and Exchange Commission shall co- their retirement contributions over 30 us something called the $7 trade. And ordinate with the Secretary of Labor. years are not invested in a way that is my guess is, Warren Buffett doesn’t (c) ERISA FIDUCIARY RULE DEFINED.—For in their best interest. They should be necessarily need a $7 trade, but there purposes of this section, the term ‘‘ERISA fi- are a lot of good folks, small business duciary rule’’ means the proposed rule of the able to rely on the fact that their sac- Department of Labor titled ‘‘Definition of rifice, that their savings have been in- people, factory workers in Mesquite, the Term ‘Fiduciary’; Conflict of Interest vested in a way that is in their best in- farmers out near Mineola, Texas, good Rule—Retirement Investment Advice; Pro- terest, not in the best interest of the fi- folks in the Fifth Congressional Dis- posed Rule’’, published April 20, 2015. nancial adviser or the investment com- trict, when they are planning for their The SPEAKER pro tempore. Pursu- pany. Again, however, that is not the retirement security, when they are try- ant to House Resolution 491, the gen- case of the law today. ing to preserve their 401(k), their IRAs, tleman from Massachusetts (Mr. Right now, most—but not all—finan- they need that. LYNCH) and a Member opposed each cial advisers are often paid extra Again, if we adopt the amendment of will control 5 minutes. money, extra fees, a higher commission the gentleman from Massachusetts, we The Chair recognizes the gentleman to offer a retiree or a worker particular are right back to where we are—deny- from Massachusetts. advice or a particular product that are ing the ability for low and moderate- Mr. LYNCH. Mr. Speaker, I rise in in the financial adviser’s best interests income people to have a choice in how support of my amendment to H.R. 1090, because they carry higher fees or larg- they receive their financial advice, the so-called Retail Investor Protec- er commissions, but those products and even if they will receive it. That is un- tion Act. services may not be in the worker’s or acceptable, and I would urge a rejec- Mr. Speaker, if adopted, my amend- retiree’s best interest. tion of this amendment. ment would allow the Department of It is a basic law of . If fi- Mr. Speaker, I reserve the balance of Labor to complete and adopt a rule to nancial advisers are paid more for rec- my time. require that investment advisers act ommending a particular fund over an- Mr. LYNCH. Mr. Speaker, may I in- solely in the best interest of the work- other, they will recommend that fund quire how much time I have left? ers and retirees who rely upon them in that they get paid more to recommend, The SPEAKER pro tempore (Mr. making financial decisions regarding even though it may not be in the cli- JOLLY). The gentleman from Massachu- their retirement. ent’s best interest. That presents a setts has 30 seconds remaining. I bet most Americans think that fi- classic example of conflict of interest. Mr. LYNCH. Mr. Speaker, the heart nancial advisers are already required Now, I support rulemaking for a fidu- of this matter is that my amendment to act in the retirees’ best interest. Un- ciary standard by the DOL, and I agree just changes the standard upon which fortunately, the bad news is that that that the SEC should thereafter har- that advice needs to be made. The ad- is not the state of the law today. The monize its rules. Investment advisers vice that we have in financial advisers good news, however, is that, hopefully, should be held to a standard of care giving to retirees and workers who des- if we can defeat H.R. 1090—and the and loyalty to workers and retirees perately need the opportunity to in- President has promised to veto this which requires that the adviser must vest, you know, these IRAs and retire- bill—that situation may be about to act solely in the best interest of the ment vehicles are a blessing to us. All change. worker who is investing for their re- it does is require that that advice be At the outset, it is important to re- tirement. However, H.R. 1090, in its given without any conflict, that it be member that this issue concerns the current form, would harm people sav- given in the best interest of the retiree retirement security of all Americans. ing for retirement by blocking the or the worker who is making that in- It is important that we get this right. DOL’s rule and allowing financial ad- vestment. That is the only change here Congress, in its wisdom—obviously, visers to act in their own financial in- that is required. this was a previous Congress—gave the terest instead of their client’s best in- I think it is a good change. It is a DOL exclusive jurisdiction regarding terests. necessary change. It is one for the retirement plans under the Employee In closing, I urge my colleagues to American worker. Retirement Income Security Act of support this amendment. All invest- I yield back the balance of my time. 1974. In doing so, Congress recognized ment advisers must be held to an es- Mr. HENSARLING. Mr. Speaker, how that retirement is different. sential standard of care and loyalty much time do I have remaining, please.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.021 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7242 CONGRESSIONAL RECORD — HOUSE October 27, 2015 The SPEAKER pro tempore (Mr. and, again, all the colleagues, those Moore Rice (NY) Takano Moulton Richmond RODNEY DAVIS of Illinois). The gen- who even wanted to come to the floor Thompson (CA) Murphy (FL) Roybal-Allard Thompson (MS) 1 tleman from Texas has 3 ⁄2 minutes re- to speak on this issue because their Nadler Ruiz Titus maining. constituents are so very concerned Napolitano Ruppersberger Tonko Mr. HENSARLING. Mr. Speaker, I about their personal retirement sav- Neal Rush Torres yield as much time as she may con- Nolan Ryan (OH) Tsongas ings and freedom. Norcross Sa´ nchez, Linda sume to the gentlewoman from Mis- Van Hollen Mr. HENSARLING. Mr. Speaker, I O’Rourke T. Vargas Pallone Sanchez, Loretta souri (Mrs. WAGNER), the author of would just urge all Members to vote for Veasey Pascrell Schakowsky H.R. 1090, the Retail Investor Protec- Vela freedom, to vote for opportunity, to Payne Schiff Vela´ zquez tion Act. vote for empowerment of the farmers, Pelosi Schrader Mrs. WAGNER. Mr. Speaker, I thank the factory workers, the low- and mod- Perlmutter Scott (VA) Visclosky Walz the chairman again for his support and erate-income people, the single moms, Peters Serrano Peterson Sewell (AL) Wasserman all my colleagues who have come down all building a retirement security. Schultz here to the floor to speak on behalf of Pingree Sherman Reject the amendment of the gen- Pocan Sires Waters, Maxine those low- and middle-income investors tleman from Massachusetts, and vote Polis Slaughter Watson Coleman that need good, sound advice when it Price (NC) Smith (WA) Welch for H.R. 1090, the Retail Investor Pro- Quigley Speier Wilson (FL) comes to their financial security and tection Act from the gentlewoman their retirement. Rangel Swalwell (CA) Yarmuth from Missouri (Mrs. WAGNER). We all agree that every American I yield back the balance of my time. NAYS—246 who is saving for the future deserves to Abraham Goodlatte Miller (MI) have the very, very best advice based The SPEAKER pro tempore. Pursu- ant to the rule, the previous question Aderholt Gosar Moolenaar on the needs for their retirement in- Allen Gowdy Mooney (WV) vestments and savings for the future. is ordered on the bill, as amended, and Amash Granger Mullin With all due respect to the gen- on the amendment by the gentleman Amodei Graves (GA) Mulvaney from Massachusetts (Mr. LYNCH). Ashford Graves (LA) Murphy (PA) tleman from Massachusetts, what his Babin Graves (MO) Neugebauer amendment does is completely flip-flop The question is on the amendment by Barletta Griffith Newhouse the Retail Investor Protection Act. It the gentleman from Massachusetts. Barr Grothman Noem says that the DOL should go ahead of The question was taken; and the Barton Guinta Nugent Benishek Guthrie Nunes the SEC. Speaker pro tempore announced that Bilirakis Hanna Olson The Department of Labor is com- the noes appeared to have it. Bishop (MI) Hardy Palazzo pletely out of its lane when it comes to Mr. LYNCH. Mr. Speaker, on that I Bishop (UT) Harper Palmer this particular matter. It is the Secu- demand the yeas and nays. Black Harris Paulsen Blackburn Hartzler Pearce rity and Exchange Commission that is The yeas and nays were ordered. Blum Heck (NV) Perry absolutely the expert when it comes to The SPEAKER pro tempore. Pursu- Bost Hensarling Pittenger promulgating any kind of rule, regula- ant to clause 8 and clause 9 of rule XX, Boustany Herrera Beutler Pitts Brady (TX) Hice, Jody B. Poe (TX) tion, or oversight in this area. this 15-minute vote on adoption of the Brat Hill Poliquin We have laws and rules already on amendment will be followed by 5- Bridenstine Holding Pompeo the books, through FINRA, through minute votes on a motion to recommit, Brooks (AL) Hudson Posey the SEC, to make sure that savers are if ordered; passage of the bill, if or- Brooks (IN) Huelskamp Price, Tom Buchanan Huizenga (MI) Ratcliffe getting the best advice they possibly dered; and passage of H.R. 597. Buck Hultgren Reed can for the future. The vote was taken by electronic de- Bucshon Hunter Reichert It is clear in Dodd-Frank—and I find vice, and there were—yeas 184, nays Burgess Hurd (TX) Renacci it almost impossible to believe that the 246, not voting 4, as follows: Byrne Hurt (VA) Ribble minority thinks that somehow that Calvert Issa Rice (SC) [Roll No. 574] Carter (GA) Jenkins (KS) Rigell Section 913 of Dodd-Frank, which says Carter (TX) Jenkins (WV) Roby YEAS—184 specifically that the SEC should take Chabot Johnson (OH) Roe (TN) care of this space, should be promul- Adams Davis, Danny Jackson Lee Chaffetz Johnson, Sam Rogers (AL) Aguilar DeFazio Jeffries Clawson (FL) Jolly Rogers (KY) gating rules and regulations and decid- Bass DeGette Johnson (GA) Coffman Jordan Rohrabacher ing how to go forward in this space, Beatty Delaney Johnson, E. B. Cole Joyce Rokita that somehow they now think that the Becerra DeLauro Jones Collins (GA) Katko Rooney (FL) Bera DelBene Kaptur Collins (NY) Kelly (MS) Ros-Lehtinen Department of Labor should be allowed Beyer DeSaulnier Keating Conaway Kelly (PA) Ross to promulgate, including addendums Bishop (GA) Deutch Kelly (IL) Cook King (IA) Rothfus and exemptions, another thousand- Blumenauer Dingell Kennedy Costello (PA) King (NY) Rouzer page rule on the American people. Bonamici Doggett Kildee Cramer Kinzinger (IL) Royce Boyle, Brendan Doyle, Michael Kilmer Crawford Kline Russell Mr. Speaker, the American people F. F. Kind Crenshaw Knight Ryan (WI) are tired of this ‘‘Washington knows Brady (PA) Duckworth Kirkpatrick Culberson Labrador Salmon best, top-down government.’’ It is Brown (FL) Edwards Kuster Curbelo (FL) LaHood Sanford wrong. We have heard it from the Brownley (CA) Ellison Langevin Davis, Rodney LaMalfa Scalise Bustos Engel Larsen (WA) Denham Lamborn Schweikert chairman and others, whether it had to Butterfield Eshoo Larson (CT) Dent Lance Scott, Austin do with food, energy, or health care. Capps Esty Lawrence DeSantis Latta Scott, David I believe in freedom. I believe in the Capuano Farr Lee DesJarlais LoBiondo Sensenbrenner American people that they can choose Ca´ rdenas Fattah Levin Diaz-Balart Long Sessions Carney Foster Lewis Dold Loudermilk Shimkus their investment advice, their savings Carson (IN) Frankel (FL) Lieu, Ted Donovan Love Shuster advice themselves, and they are enti- Cartwright Fudge Lipinski Duffy Lucas Simpson tled to that freedom and to their right. Castor (FL) Gabbard Loebsack Duncan (SC) Luetkemeyer Sinema We do not need another government- Castro (TX) Gallego Lofgren Duncan (TN) Lummis Smith (MO) Chu, Judy Garamendi Lowenthal Ellmers (NC) MacArthur Smith (NE) promulgated, ‘‘Washington knows Cicilline Graham Lowey Emmer (MN) Marchant Smith (NJ) best’’ rule from the Department of Clark (MA) Grayson Lujan Grisham Farenthold Marino Smith (TX) Labor that is going to put access peo- Clarke (NY) Green, Al (NM) Fincher Massie Stefanik Clay Green, Gene Luja´ n, Ben Ray Fitzpatrick McCarthy Stewart ple, choice people, and cost those low- Cleaver Grijalva (NM) Fleischmann McCaul Stivers and middle-income investors out of Clyburn Gutie´rrez Lynch Fleming McClintock Stutzman this entire savings retirement future. Cohen Hahn Maloney, Flores McHenry Thompson (PA) So I implore my colleagues to reject Connolly Hastings Carolyn Forbes McKinley Thornberry Conyers Heck (WA) Maloney, Sean Fortenberry McMorris Tiberi the amendment from my colleague, Cooper Higgins Matsui Foxx Rodgers Tipton Congressman LYNCH, and to support Costa Himes McCollum Franks (AZ) McSally Trott the Retail Investor Protection Act, Courtney Hinojosa McDermott Frelinghuysen Meadows Turner Crowley Honda McGovern Garrett Meehan Upton H.R. 1090. Cuellar Hoyer McNerney Gibbs Messer Valadao I thank the chairman for his time Cummings Huffman Meeks Gibson Mica Wagner and effort and the entire committee Davis (CA) Israel Meng Gohmert Miller (FL) Walberg

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.077 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7243 Walden Westmoreland Yoho Lucas Poe (TX) Smith (NE) Torres Vela´ zquez Watson Coleman Walker Whitfield Young (AK) Luetkemeyer Poliquin Smith (NJ) Tsongas Visclosky Welch Walorski Williams Young (IA) Lummis Pompeo Smith (TX) Van Hollen Walz Wilson (FL) Walters, Mimi Wilson (SC) Young (IN) MacArthur Posey Stefanik Vargas Wasserman Yarmuth Weber (TX) Wittman Zeldin Marino Price, Tom Stewart Veasey Schultz Webster (FL) Womack Zinke Massie Ratcliffe Stivers Vela Waters, Maxine Wenstrup Woodall McCarthy Reed Stutzman Westerman Yoder McCaul Reichert Thompson (PA) NOT VOTING—3 McClintock Renacci Thornberry Roskam Takai Whitfield NOT VOTING—4 McHenry Ribble Tiberi Comstock Sarbanes McKinley Rice (SC) Tipton b 1825 Roskam Takai McMorris Rigell Trott Rodgers Roby Turner So the bill was passed. McSally Roe (TN) Upton The result of the vote was announced b 1817 Meadows Rogers (AL) Valadao as above recorded. Messrs. MEEHAN, GOHMERT, Meehan Rogers (KY) Wagner Messer Rohrabacher Walberg A motion to reconsider was laid on ROHRABACHER, and Mica Rokita Walden the table. of Texas changed their vote from ‘‘yea’’ Miller (FL) Rooney (FL) Walker to ‘‘nay.’’ Miller (MI) Ros-Lehtinen Walorski f Mr. MURPHY of Florida and Ms. Moolenaar Ross Walters, Mimi Mooney (WV) Rothfus Weber (TX) EXPORT-IMPORT BANK REFORM BASS changed their vote from ‘‘nay’’ Mullin Rouzer Webster (FL) AND REAUTHORIZATION ACT OF to ‘‘yea.’’ Mulvaney Royce Wenstrup 2015 So the amendment was rejected. Murphy (PA) Russell Westerman The SPEAKER pro tempore. The un- The result of the vote was announced Neugebauer Ryan (WI) Westmoreland Newhouse Salmon Williams finished business is the vote on passage as above recorded. Noem Sanford Wilson (SC) of the bill (H.R. 597) to reauthorize the The SPEAKER pro tempore. The Nugent Scalise Wittman Export-Import Bank of the United question is on the engrossment and Nunes Schweikert Womack Olson Scott, Austin Woodall States, and for other purposes, on third reading of the bill. Palazzo Scott, David Yoder which the yeas and nays were ordered. The bill was ordered to be engrossed Palmer Sensenbrenner Yoho The Clerk read the title of the bill. and read a third time, and was read the Paulsen Sessions Young (AK) The SPEAKER pro tempore. The third time. Pearce Shimkus Young (IA) Perry Shuster Young (IN) question is on the passage of the bill. The SPEAKER pro tempore. The Pittenger Simpson Zeldin This is a 5-minute vote. question is on the passage of the bill. Pitts Smith (MO) Zinke The vote was taken by electronic de- The question was taken; and the NAYS—186 vice, and there were—yeas 313, nays Speaker pro tempore announced that 118, not voting 3, as follows: the ayes appeared to have it. Adams Farr Marchant Aguilar Fattah Matsui [Roll No. 576] Mrs. WAGNER. Mr. Speaker, on that Bass Foster McCollum YEAS—313 I demand the yeas and nays. Beatty Frankel (FL) McDermott The yeas and nays were ordered. Becerra Fudge McGovern Adams Cook Green, Al Bera Gabbard McNerney Aderholt Cooper Green, Gene The SPEAKER pro tempore. This is a Beyer Gallego Meeks Aguilar Costa Griffith 5-minute vote. Bishop (GA) Garamendi Meng Amodei Costello (PA) Grijalva The vote was taken by electronic de- Blumenauer Graham Moore Ashford Courtney Grothman vice, and there were—yeas 245, nays Bonamici Grayson Moulton Barletta Cramer Guinta Boyle, Brendan Green, Al Murphy (FL) Barton Crenshaw Gutie´rrez 186, not voting 3, as follows: F. Green, Gene Nadler Bass Crowley Hahn [Roll No. 575] Brady (PA) Grijalva Napolitano Beatty Cuellar Hanna Brown (FL) Gutie´rrez Neal Becerra Cummings Hardy YEAS—245 Brownley (CA) Hahn Nolan Benishek Curbelo (FL) Harper Abraham Crawford Hanna Bustos Hastings Norcross Bera Davis (CA) Hartzler Aderholt Crenshaw Hardy Butterfield Heck (WA) O’Rourke Beyer Davis, Danny Hastings Allen Cuellar Harper Capps Higgins Pallone Bishop (GA) Davis, Rodney Heck (WA) Amash Culberson Harris Capuano Himes Pascrell Blumenauer DeFazio Herrera Beutler Amodei Curbelo (FL) Hartzler Ca´ rdenas Hinojosa Payne Bonamici DeGette Higgins Ashford Davis, Rodney Heck (NV) Carney Honda Pelosi Bost Delaney Himes Babin Denham Hensarling Carson (IN) Hoyer Perlmutter Boustany DeLauro Hinojosa Barletta Dent Herrera Beutler Cartwright Huffman Peters Boyle, Brendan DelBene Honda Barr DeSantis Hice, Jody B. Castor (FL) Israel Peterson F. Denham Hoyer Barton DesJarlais Hill Castro (TX) Jackson Lee Pingree Brady (PA) Dent Huffman Benishek Diaz-Balart Holding Chu, Judy Jeffries Pocan Brady (TX) DeSaulnier Hultgren Bilirakis Dold Hudson Cicilline Johnson (GA) Polis Bridenstine Deutch Hunter Bishop (MI) Donovan Huelskamp Clark (MA) Johnson, E. B. Price (NC) Brooks (AL) Diaz-Balart Hurd (TX) Bishop (UT) Duffy Huizenga (MI) Clarke (NY) Jones Quigley Brooks (IN) Dingell Israel Black Duncan (SC) Hultgren Clay Kaptur Rangel Brown (FL) Doggett Issa Blackburn Duncan (TN) Hunter Cleaver Keating Rice (NY) Brownley (CA) Dold Jackson Lee Blum Ellmers (NC) Hurd (TX) Clyburn Kelly (IL) Richmond Buchanan Donovan Jeffries Bost Emmer (MN) Hurt (VA) Cohen Kennedy Roybal-Allard Bucshon Doyle, Michael Jenkins (WV) Boustany Farenthold Issa Connolly Kildee Ruiz Bustos F. Johnson (GA) Brady (TX) Fincher Jenkins (KS) Conyers Kilmer Ruppersberger Butterfield Duckworth Johnson (OH) Brat Fitzpatrick Jenkins (WV) Cooper Kind Rush Byrne Edwards Johnson, E. B. Bridenstine Fleischmann Johnson (OH) Costa Kirkpatrick Ryan (OH) Calvert Ellison Jolly Brooks (AL) Fleming Johnson, Sam Courtney Kuster Sa´ nchez, Linda Capps Ellmers (NC) Joyce Brooks (IN) Flores Jolly Crowley Langevin T. Capuano Engel Kaptur Buchanan Forbes Jordan Cummings Larsen (WA) Sanchez, Loretta Ca´ rdenas Eshoo Katko Buck Fortenberry Joyce Davis (CA) Larson (CT) Sarbanes Carney Esty Keating Bucshon Foxx Katko Davis, Danny Lawrence Schakowsky Carson (IN) Farr Kelly (IL) Burgess Franks (AZ) Kelly (MS) DeFazio Lee Schiff Carter (GA) Fattah Kelly (MS) Byrne Frelinghuysen Kelly (PA) DeGette Levin Schrader Cartwright Fincher Kelly (PA) Calvert Garrett King (IA) Delaney Lewis Scott (VA) Castor (FL) Fitzpatrick Kennedy Carter (GA) Gibbs King (NY) DeLauro Lieu, Ted Serrano Castro (TX) Fortenberry Kildee Carter (TX) Gibson Kinzinger (IL) DelBene Lipinski Sewell (AL) Chu, Judy Foster Kilmer Chabot Gohmert Kline DeSaulnier Loebsack Sherman Cicilline Frankel (FL) Kind Chaffetz Goodlatte Knight Deutch Lofgren Sinema Clark (MA) Frelinghuysen King (NY) Clawson (FL) Gosar Labrador Dingell Lowenthal Sires Clarke (NY) Fudge Kinzinger (IL) Coffman Gowdy LaHood Doggett Lowey Slaughter Clay Gabbard Kirkpatrick Cole Granger LaMalfa Doyle, Michael Lujan Grisham Smith (WA) Cleaver Gallego Kline Collins (GA) Graves (GA) Lamborn F. (NM) Speier Clyburn Garamendi Knight Collins (NY) Graves (LA) Lance Duckworth Luja´ n, Ben Ray Swalwell (CA) Cohen Gibbs Kuster Comstock Graves (MO) Latta Edwards (NM) Takano Cole Gibson LaHood Conaway Griffith LoBiondo Ellison Lynch Thompson (CA) Collins (NY) Graham Langevin Cook Grothman Long Engel Maloney, Thompson (MS) Comstock Granger Larsen (WA) Costello (PA) Guinta Loudermilk Eshoo Carolyn Titus Connolly Graves (LA) Larson (CT) Cramer Guthrie Love Esty Maloney, Sean Tonko Conyers Graves (MO) Lawrence

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.026 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7244 CONGRESSIONAL RECORD — HOUSE October 27, 2015 Lee Pascrell Shuster b 1832 Short-term Band-Aid solutions prevent Levin Paulsen Simpson cities and towns from being able to Lewis Payne Sinema So the bill was passed. Lieu, Ted Pearce Sires The result of the vote was announced plan and accommodate for future Lipinski Pelosi Slaughter as above recorded. projects. Perlmutter Smith (MO) LoBiondo A motion to reconsider was laid on Today, I ask my colleagues to come Loebsack Peters Smith (NJ) together and take these 22 days to put Lofgren Peterson Smith (WA) the table. Pingree Speier through a responsible, long-term solu- Long f Lowenthal Pitts Stefanik tion so Inland Empire families and Lowey Pocan Stivers NATIONAL DEFENSE throughout this Nation have safe and Lucas Poe (TX) Swalwell (CA) sustainable infrastructure to support Poliquin Takano AUTHORIZATION ACT Luetkemeyer their growing homes and businesses. Lujan Grisham Polis Thompson (CA) (Mr. LAMALFA asked and was given (NM) Price (NC) Thompson (MS) f Luja´ n, Ben Ray Quigley Thompson (PA) permission to address the House for 1 (NM) Rangel Thornberry minute and to revise and extend his re- DOMESTIC VIOLENCE AWARENESS Lynch Reed Tiberi marks.) MONTH MacArthur Reichert Titus Mr. LAMALFA. Mr. Speaker, last Maloney, Renacci Tonko (Mr. POE of Texas asked and was Carolyn Ribble Torres week, President Obama vetoed the Na- given permission to address the House Maloney, Sean Rice (NY) Trott tional Defense Authorization Act, for 1 minute and to revise and extend Marino Rice (SC) Tsongas which sets funding levels for our mili- his remarks.) Matsui Richmond Turner tary operations. Mr. POE of Texas. Mr. Speaker, as a McCollum Rigell Upton McDermott Roby Valadao The bipartisan NDAA contains a former judge and prosecutor, I saw the McGovern Rogers (AL) Van Hollen number of positive components. The impact of domestic violence firsthand. McMorris Rogers (KY) Vargas bill funds our troops’ pay increases, As co-founders of the Victims’ Rights Rodgers Rooney (FL) Veasey health care and retirement benefits. It Caucus, with my friend from McNerney Ros-Lehtinen Vela McSally Roybal-Allard Vela´ zquez funds the ongoing effort to defeat ISIS California, we believe that it is impor- Meehan Ruiz Visclosky and our effort to Afghanistan. This tant to recognize October as Domestic Meeks Ruppersberger Wagner measure blocks the President’s plan to Violence Awareness Month. Meng Rush Walden close Guantanamo Bay, which would My grandmother used to always say, Mica Russell Walorski Miller (MI) Ryan (OH) Walters, Mimi move the terrorists here to U.S. pris- ‘‘You never hurt someone you claim Moolenaar Salmon Walz ons if it was shut down. And it con- you love.’’ Yet, in 2014 alone, 132 Moore Sa´ nchez, Linda Wasserman tinues funding for the A–10, a very im- women were killed in domestic vio- Moulton T. Schultz portant close air support aircraft so ef- lence-related incidents in Texas. Mullin Sanchez, Loretta Waters, Maxine After a history of spousal abuse, 27- Murphy (FL) Sanford Watson Coleman fective that it is leading the fight Murphy (PA) Sarbanes Weber (TX) against ISIS. year-old Candace Williams Deckard of Nadler Schakowsky Welch This isn’t one of the controversial Houston, Texas, was murdered by her Napolitano Schiff Wilson (FL) issues we debate here. It is about the husband on July 17, 2014. She had three Neal Schrader Wilson (SC) children. Her toddler was in the room Newhouse Scott (VA) Womack basic responsibility of funding our Nolan Scott, David Woodall military while our Armed Forces are when she was murdered. Another one of Norcross Serrano Yarmuth engaged overseas. her children, a 7-year-old, ran down the Nunes Sessions Yoder With ISIS, Syria, Iran, South China street for help. All of these children O’Rourke Sewell (AL) Young (AK) will grow up without their mother. Palazzo Sherman Zeldin Sea, Ukraine, Afghanistan, and also Pallone Shimkus Zinke our allies like Israel watching and won- Domestic violence, Mr. Speaker, is dering what we are doing here, we need not a family issue; it is a national NAYS—118 to do a lot better than that. We need to health issue, and it is a criminal jus- Abraham Gowdy Noem override the President’s veto. tice issue. Domestic violence is a Allen Graves (GA) Nugent scourge on our national culture. We f Amash Grayson Olson must not tolerate those who would de- Babin Guthrie Palmer REAUTHORIZATION OF THE stroy a family by abuse and murder. Barr Harris Perry Bilirakis Heck (NV) Pittenger HIGHWAY TRUST FUND We must protect victims. Bishop (MI) Hensarling Pompeo (Mr. AGUILAR asked and was given After all, Mr. Speaker, you never Bishop (UT) Hice, Jody B. Posey hurt someone you claim you love. Black Hill permission to address the House for 1 Price, Tom Blackburn Holding And that is just the way it is. Ratcliffe minute.) Blum Hudson Mr. AGUILAR. Mr. Speaker, today, f Brat Huelskamp Roe (TN) Buck Huizenga (MI) Rohrabacher Congress was faced with a 22-day exten- RETAIL INVESTOR PROTECTION Burgess Hurt (VA) Rokita sion for the reauthorization of the ACT Carter (TX) Jenkins (KS) Ross highway trust fund. We have been in Chabot Johnson, Sam Rothfus (Mr. CURBELO of Florida asked and Chaffetz Jones Rouzer this situation before, and every time was given permission to address the Clawson (FL) Jordan Royce Republican leadership has chosen to House for 1 minute and to revise and Coffman King (IA) Ryan (WI) kick the can down the road. extend his remarks.) Collins (GA) Labrador Scalise Mr. Speaker, it has to end here. This Conaway LaMalfa Schweikert Mr. CURBELO of Florida. Mr. Speak- Crawford Lamborn Scott, Austin needs to be the last time. If Congress is er, I rise today in support of H.R. 1090, Culberson Lance Sensenbrenner going to take 22 days, then we need to the Retail Investor Protection Act, DeSantis Latta Smith (NE) use the time to come together and DesJarlais Loudermilk which just passed the House. Smith (TX) focus on a long-term solution, one that This bill would delay the Labor De- Duffy Love Stewart Duncan (SC) is measured in years, not months. Lummis Stutzman partment’s regulation defining when an Duncan (TN) Marchant Tipton Our roads, rails, and bridges are the individual would be considered a fidu- Emmer (MN) Massie Walberg foundation of our economy. They Farenthold McCarthy ciary under the Employee Retirement Fleischmann McCaul Walker transport our goods, get working moms Income Security Act, or ERISA. Fleming McClintock Webster (FL) and dads to and from work, and they As a member of the House Education Wenstrup Flores McHenry connect our towns and cities to States and the Workforce Committee, I have Forbes McKinley Westerman Foxx Meadows Westmoreland and to the global economy. expressed serious concerns that the Franks (AZ) Messer Williams We cannot afford to gamble with our proposal to expand the definition of Garrett Miller (FL) Wittman transportation and infrastructure, ‘‘fiduciary’’ will limit investor choice, Gohmert Mooney (WV) Yoho which Inland Empire families in my Goodlatte Mulvaney Young (IA) prohibit access to investor guidance, Gosar Neugebauer Young (IN) area and millions throughout the coun- and raise the costs of savings for re- try rely on every day. tirement. NOT VOTING—3 If we are able to do this extension, In July, I signed a comment letter, Roskam Takai Whitfield then let’s stop governing by crisis. led by Chairman KLINE and Chairman

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.024 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7245 ROE, stressing that this proposal would tleman from Ohio (Mr. CHABOT) is rec- Make no mistake. ’s cut off vital financial advice for many ognized for 60 minutes as the designee story is incredible. It is the American low- and middle-income families and of the majority leader. Dream personified. small business owners. We also shared GENERAL LEAVE A couple of my colleagues, I know, concerns that this regulation would Mr. CHABOT. Mr. Speaker, I ask would like to speak here this evening. conflict with Securities and Exchange unanimous consent that all Members So, first, I yield to the gentleman from Commission rulemakings authorized in may have 5 legislative days in which to Ohio (Mr. GIBBS). Dodd-Frank. revise and extend their remarks and to Mr. GIBBS. I thank the gentleman I want to thank my colleague, Mrs. include extraneous material on the from southern Ohio. WAGNER, for introducing this impor- subject of this Special Order. Mr. Speaker, it is a privilege to speak tant legislation that will provide cer- The SPEAKER pro tempore. Is there today to recognize outgoing Speaker tainty in ensuring that adequate finan- objection to the request of the gen- BOEHNER, whom I got to know a little cial planning products are available for tleman from Ohio? bit better in 2010, when I ran for Con- all my constituents in south Florida, There was no objection. gress. So many of us are here today and I stand ready to work with Chair- Mr. CHABOT. Mr. Speaker, I will be serving and had difficult races that man KLINE to further address this issue sharing the time this evening with the year, and the Speaker’s commitment at the Education and the Workforce gentlewoman from Ohio (Ms. KAPTUR), to us was a big morale boost in that Committee. who will handle the Democratic Mem- long campaign. bers who are interested in speaking, I remember the last days of the 2010 f and I think there may be some lan- election when we had two standing NATIONAL FARM TO SCHOOL guage up there that the Chair may room only rallies in Zanesville and MONTH want to read into the RECORD at the Chillicothe, Ohio. On the eve of those appropriate time. (Mr. RODNEY DAVIS of Illinois historic victories, I was proud to stand The SPEAKER pro tempore. The asked and was given permission to ad- with Speaker BOEHNER and lay out the Chair understands that all time yielded vision for the Republican House. dress the House for 1 minute and to re- to the gentlewoman from Ohio (Ms. vise and extend his remarks.) Mr. Speaker, I have a picture of the KAPTUR) will be yielded through the Mr. RODNEY DAVIS of Illinois. Mr. Zanesville rally hanging on the wall in gentleman from Ohio (Mr. CHABOT). my home. As you begin your retire- Speaker, I rise today to recognize Na- Mr. CHABOT. Mr. Speaker, in having ment, I hope that you will continue to tional Farm to School Month. represented a neighboring district to look back on those chilly October ral- During the month of October, thou- JOHN BOEHNER’s for 19 of the last 21 lies in 2010 as fondly as I do. sands of local food producers in schools years, I have come to know JOHN pret- Thank you, Mr. Speaker, for the across the country have been working ty well. I consider him not just a col- years of service to the people of west- together to promote food and agri- league and the leader of the House, but ern Ohio and the country and your con- culture education. a friend. Since Farm to School Month was es- It is not just our time in Congress in fidence in me and in so many other tablished in 2010, the National Farm to representing neighboring districts that candidates in 2010. I congratulate you School Network has worked to high- we share. We have had a lot in common on your retirement, and I wish you and light the importance of teaching kids throughout our lives, and we have your family nothing but the best. the benefits of healthy food choices and often talked about those similarities. Godspeed. the advantages for our local economies We have both lived in the Mr. CHABOT. I thank the gentleman when we buy them from local pro- area our entire lives. We were born and for his very kind remarks. ducers. grew up in Reading, a small, blue-col- Mr. Speaker, I yield to the gentle- The Farm to School Network pro- lar neighborhood just to the north of woman from Ohio (Ms. KAPTUR). I vides kids with hands-on nutrition edu- the city of Cincinnati, although my might note that she is the most senior cation through projects like commu- family moved to Cincinnati’s west side now of the 16 Members from Ohio and nity gardens and farm field trips. when I was 6 years old. is the longest serving woman in the en- Earlier this year, members of my We were both second-born children, tire House of Representatives. staff worked at a community garden in although I am the second of 4 and JOHN Ms. KAPTUR. I thank the gentleman Springfield, Illinois, sponsored by is the second of 12 children. We were from Cincinnati, Congressman CHABOT, genHkids, a nonprofit organization both raised—and still are—Catholic. So for organizing this important hour of that strives to educate children about I know just how important having recognition, and I thank all of my col- the importance of healthy eating. speak to a joint session of leagues on both sides of the aisle who I am a cosponsor of H.R. 1061, the Congress was for Speaker JOHN BOEH- have taken the time to be here to Farm to School Act, which expands NER. thank Speaker JOHN BOEHNER for his USDA grant funding to schools, agri- We both played football in rival service to America. cultural producers, and nonprofits to Catholic high schools in the GCL, the Mr. Speaker, JOHN has served the improve access to local foods for pro- Greater Cincinnati League, which is an people of Ohio ably for well more than grams that serve our communities, incredibly competitive league in a foot- two decades, having begun his career in such as the School Breakfast Program, ball-crazy State: Ohio. We both played the Ohio legislature, but he has served the Summer Food Service Program, defense. here in the Congress now for more than and the Child and Adult Care Food Pro- In fact, we both had ties to former two decades. If we think about that period of time, gram. head coaches at Notre Dame. JOHN we think about the various situations Our local food producers play an inte- played for at Moeller High that he has faced as a Member and then gral role in feeding central and south- School, and I was recruited to William later as Speaker, certainly, in the late ern Illinois families. In celebration of & Mary by Lou Holtz, both of whom, of 1990s, being part of a broad coalition to National Farm to School Month, thank course, became head coaches at Notre balance the budget when President you to all our farmers and schools that Dame. Clinton was President. Literally, we bring healthy, local foods to the table We both worked to put ourselves were able to balance the budget by the for our kids. through school as janitors. Later we both ran small businesses, JOHN with a end of the 1990s and begin paying back f packaging and plastics business and I America’s long-term debt. b 1845 with a very small law practice. That all changed with the dawn of We both served in local politics in war in the 21st century, with the 9/11 SPEAKER JOHN BOEHNER AND HIS the Cincinnati area in the 1980s before attack on our country, subsequent SERVICE TO AMERICA being elected to Congress. So in many military conflicts, and then the 2008– The SPEAKER pro tempore (Mr. ways I understand the challenges that 2009 economic crash, which we are still HILL). Under the Speaker’s announced JOHN has overcome, probably, more digging our way out of. We look at the policy of January 6, 2015, the gen- than most. more recent, sad invasion by Russia of

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.085 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7246 CONGRESSIONAL RECORD — HOUSE October 27, 2015 Ukraine and at the ensuing conflict in Mr. RENACCI. I thank the gen- I would also like to acknowledge the the Middle East that has now spilled tleman. I did not know we were going Speaker’s staff, who are a great reflec- over into Syria. to talk about that tonight. tion of the Speaker. I especially want I would say that this period of Speak- Mr. Speaker, tonight I join my col- to acknowledge his Chief of Staff, Mike er BOEHNER’s service, both as Speaker leagues in voicing my appreciation for Sommers; his floor leader, Jo-Marie St. and then prior, as a Member, has been the years of dedicated service of our Martin; his former Chief of Staff, Barry a very difficult time for America. Speaker, JOHN BOEHNER. Jackson; Katherine Haley; Maria If I think about some of my favorite Speaker BOEHNER has been a strong Lohmeyer; Tommy Andrews; and so memories of the Speaker, certainly it leader through some very difficult and many others who really helped this would be one of our most recent experi- unique times. He has faced many chal- place to run. ences as a Congress, with Pope Francis lenging situations and decisions, but he Thank you for all of your service, coming here and the Speaker’s hand- has also celebrated many great accom- and I wish all of you the very best. kerchief being very wet during that pe- plishments. Mr. CHABOT. Mr. Speaker, I yield to riod, but I know of his utter joy at hav- He arranged for Congress to hear the gentleman from Ohio (Mr. LATTA). ing worked so hard to invite the Pope from great foreign leaders during piv- Mr. LATTA. Thank you very much. I here to address us. For the first time in otal times in our Nation, such as appreciate Chairman CHABOT for yield- American history, a Pope addressed the Israel’s Prime Minister and the ing and for the Special Order tonight Congress as the head of state. Ukranian President. Most recently, he to honor Speaker BOEHNER. Another memory I have of the Speak- orchestrated the historic visit of the Mr. Speaker, this is a time of reflec- er—and, I think, Congressman CHABOT head of the Roman , tion when you kind of remember some shared—was with Ohio State and the Pope Francis, to address a joint session of the first times you actually meet victors over here in the Speaker’s of Congress. people and have met people, and this is Lobby. Over in the Rayburn Room, all He has been a leader on improving one of the things I remember about of us were posing, Republican and Dem- our education system and the lives of JOHN BOEHNER. ocrat alike. We were very proud of our all children. It has been an honor and a I was in the Ohio General Assembly. Ohio Buckeyes. Some of our col- privilege to serve alongside him in this What a couple of our colleagues and leagues, like Congressman JOYCE, was Chamber and with the Ohio delegation. some of my fellow Members here to- handing out Buckeyes to every Mem- Mr. Speaker, one fun fact about night will remember very well are Sen- ber, which his wife made. There were Speaker BOEHNER and I: We both love ators White and Nein. moments of joy as well. to play golf, and I have played a lot of We were walking across the street in There were the Speaker’s many ac- courses with him, but never in the front of the State House in Columbus, complishments, such as the Speaker re- same foursome. and I said, ‘‘Hey, why don’t you come quiring bills to be posted 3 days online So, Speaker BOEHNER, I look forward over with us. We are going to have a before we voted on them. He had many to one day joining you for a friendly meeting with JOHN BOEHNER, who is in accomplishments and built a legacy in round of 18. the U.S. House, and talk about some of his own right, as a reasonable voice for Again, I want to thank Speaker the things that he is doing on edu- his party, despite presiding over a frac- BOEHNER and his family for their years cation.’’ tious membership that has become of service and dedication to our coun- That is the first time I met the more fractious with the ensuing years. try. Speaker, and I can still remember how He consistently worked to find a way Mr. CHABOT. Mr. Speaker, I yield to impassioned he was at that time when forward during a period as contentious the gentleman from Chicago, Illinois you were talking about education and about the youth of America. as any, that I recall, in the history of (Mr. LIPINSKI). The next time I really got to know this Congress, even when compromise Mr. LIPINSKI. I thank the gen- the Speaker was during my special seemed out of reach. tleman for yielding. election back in 2007. After it was all I would have to say, without ques- Mr. Speaker, I rise to commend the over, I can still remember that my wife tion, Speaker BOEHNER’s departure is a public service commitment and dedica- and I got a call from the Clerk’s Office huge loss to our Buckeye State. The tion of Speaker JOHN BOEHNER. here. It was around 11 p.m. on election House is a place where seniority and The Speaker has much to be proud of, night. the ability to balance competing and and we all should be thankful for his service to his constituents, to the They said, ‘‘We need to know when sometimes intractable demands mat- you are going to come down and get ter, and we as Ohioans are very, very House, and to our Nation. While we all can find issues on which sworn in.’’ grateful for his service. I said, ‘‘I need to talk to my wife we didn’t agree with him, I appreciate As the most senior member of Ohio’s about that.’’ I said, ‘‘Don’t we need to that Speaker BOEHNER did his utmost Buckeye delegation, I thank the worry about the Secretary of State?’’ Speaker for his dutiful and patriotic best to keep the House functioning in a ‘‘Oh, no. We see that as no problem at service to the people of the United vital branch of government—yes, in all.’’ States and to this House for 25 years. some very, very difficult times—but I So we started talking about it be- His respectful and moderating pres- think history will really show that cause we wanted to make sure our ence—often with a smile—in this House JOHN BOEHNER did a fantastic job in daughters were here to see me get will be missed. getting us through these times. sworn in. We had this all planned out May he and his family enjoy the Speaker BOEHNER, we all know, has a that we would come down the following years ahead as he returns home to Ohio big heart. I guess it is not dem- Monday. and, I think, to some other locations to onstrated in his profane way that he I was pulling into the State House’s get some deserved R&R after the very likes to address his friends, but it is parking garage the very next morning, difficult period during which he has demonstrated well by all of the time at about 9 a.m., because I was still a served. and effort he has put into a scholarship member of the State General Assembly We have several speakers on this program for disadvantaged children in and had to vote that day. Just as I am side, Congressman CHABOT, and we Washington, D.C., to go to Catholic pulling in, my phone rings. await your yielding us time in order to schools. He knew the advantages that I say, ‘‘Hello,’’ and it is JOHN BOEH- recognize them in due order. I thank he had in going to Catholic school, and NER. you so much. he wanted to give those advantages to He asked, ‘‘LATTA, when are you Mr. CHABOT. I thank the gentle- others. I think that really says much coming down here?’’ woman for her kind words. more about JOHN BOEHNER than any- I said, ‘‘You know, it is funny. I just Mr. Speaker, I yield to the gentleman thing else, probably, that he has done. got off the phone. I was talking with from Ohio (Mr. RENACCI), whom I hap- So thank you, Speaker BOEHNER, for my wife about that.’’ I said, ‘‘I think pened to defeat in the Ohio delegation your service and the sacrifices you, we can get there on Monday.’’ fantasy football league this past week- your wife Debbie, and your entire fam- He said, ‘‘You will be here tomor- end. ily have made. row.’’

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.086 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7247 And I said, ‘‘Leader, we will see you Mr. CHABOT. I thank the gentle- So thank you, Mr. Speaker, not only tomorrow.’’ woman for her kind words. on behalf of the largest Republican ma- But he has always been very, very ac- I mentioned before in my opening jority since 1928, but on behalf of my cessible. The Members here in the statement that there are a number of family and for your and Debbie’s per- House have always been very appre- rival GCL, Greater Cincinnati League, sonal kindness and guidance to us. ciative of that. There has never been a high schools. They are rivals in all Good luck, Mr. Speaker. Thank you. time that I have been denied an oppor- sports, in academics and everything Mr. CHABOT. I thank the gentleman tunity to sit down with him in his of- really, but especially in football. for his very kind words. fice to go over the issues that are im- As I mentioned, Speaker BOEHNER I yield to the esteemed gentleman portant to me and to the people of my went to Moeller, one of those GCL from New York City (Mr. RANGEL). district. schools. I went to LaSalle. Elder is an- (Mr. RANGEL asked and was given other school. The fourth school, not b 1900 permission to revise and extend his re- necessarily in order because they beat marks.) It is also important that, as the LaSalle this year and for the last 5 Mr. RANGEL. Well, I am not only chairman said a little earlier about years, is St. Xavier High School. being from the same area, well, the going to miss Speaker JOHN BOEHNER, The next gentleman who will be shar- but I am going to miss when I leave Speaker and I share a county in north- ing in this tribute to our Speaker is a next year the Congress that JOHN west Ohio, which is Mercer County. graduate of St. Xavier High School, The people there speak so highly of BOEHNER and I have loved so much. and that is . If Republicans think that they had a him. I yield to the gentleman from Ohio problem with JOHN BOEHNER, they So with all these years that have (Mr. WENSTRUP). should have known because gone by, I just want to wish the Speak- Mr. WENSTRUP. Well, I thank you, it was Jack Kemp who introduced me er, Debbie, and his whole family all the Mr. Chairman, for yielding. to JOHN BOEHNER. And at that time, we best and a great retirement. Mr. Speaker, I am here to recognize acknowledged that there were Demo- Mr. CHABOT. I thank the gentleman the gentleman from Reading, Ohio. It crats and Republicans, but the whole for his kind words for the Speaker. is a town in my district full of hard- idea that you could be vindictive I yield to the gentlewoman from Ohio working people and committed fami- enough to attempt to destroy someone (Ms. KAPTUR). lies. Ms. KAPTUR. Mr. Speaker, I thank Now, this man from Reading grew up politically or not work together as the gentleman very much. in a big and very faithful family. He JOHN did with George Miller in bring- I would just like to say that one of learned the value of hard work sweep- ing Leave No Child Behind—the work the features I like best about JOHN ing the floors of his father’s bar and that I have done on Ways and Means BOEHNER is that he wanted to be worked his way through Xavier Univer- with trade and was so open in dealing Speaker of the House. He didn’t want sity in Cincinnati. with JOHN, who represented, not an ide- to be President. He didn’t want to head When he came to Washington, he was ology, but represented what he thought over to the other body. He didn’t want a reformer from day one. The last man was best for the country. a Supreme Court nomination. standing from the , he To me, JOHN BOEHNER was, as so He really loved this House, and that worked to clean up corruption from the many people have said, just a regular matters. That matters to all of us who House bank in the 1990s to banning ear- guy, the first one in his family, like so continue to serve, and that matters to marks today. many of us, that went to college. He the historical record. For the first time in half a century, entered public service and through a We appreciate all of the substance the House of Representatives decreased variety of things became the Speaker that he has given. Whether you agreed discretionary spending for 2 years in a of the House, which has to be just one with him on issues or not, he definitely row. of the greatest sense of pride that any was a man of the House. Mr. Speaker, with all of your service American could ever have. Mr. CHABOT. I yield to the gentle- in mind, I am reminded of a Teddy The whole idea that there were peo- woman from northeastern Ohio Roosevelt quote. It says: ‘‘It is not the ple in this partisan time that would be- (), representing Cleve- critic who counts; not the man who lieve that they would want him to land down to Akron. points out how the strong man stum- leave even more than Democrats would Ms. FUDGE. Mr. Speaker, I am proud bles, or where the doer of deeds could want him to leave is something that to stand with the Ohio delegation this have done better. The credit belongs to would have to be explained by history. evening to thank you, Mr. Speaker, for the man who is actually in the arena.’’ Of course, things are strange today. your 24 years in the U.S. House of Rep- And that is you. There is a Black doctor brain surgeon resentatives and for your lifetime of JOHN BOEHNER attended Moeller High who is now leading for President for public service. You have served this School, as Representative CHABOT men- the Republican Party. And Donald Nation and the people of Ohio with dis- tioned, a school in Cincinnati that I am Trump, a favorite with Saturday Night tinction. proud to say is a rival to my high Livers, is right behind him for Presi- For 24 years, you have honored and school, St. Xavier. We beat Moeller dent. There is a big battle as to who respected this institution. You have this year, and, Mr. CHABOT, we beat La- will replace JOHN. worked arduously to get things done. Salle this year. These are things that are just so un- As Speaker, you have been a leader You know, through that Catholic usual so that, while I miss JOHN, I am willing to listen to all sides and ad- schooling, JOHN BOEHNER committed just missing the days when we used to dress the complex issues of our time. himself to thousands of children that come to this floor in this Congress to We applaud your commitment and seek a real education and values in decide how many votes do we need to dedication to the House and will be for- their lives. His support for educational get something passed. We hoped that ever grateful for your statesmanship choice has opened pathways of oppor- we would be in the majority, but the and courtesy. tunity for thousands of children locked most exciting thing would be being While we may not have always in poverty, fighting to give all students able to work with the other side and agreed, your door was always open. I a chance to choose their own future. being able to sit with the President or could always come to you and discuss For over a decade, JOHN BOEHNER has stand with the President and to truly problems and issues. I respect your held fundraisers for scholarships for feel that you were not a Democrat or opinion and consider you a friend. D.C. children seeking a chance in life Republican, but you got legislation I speak for everyone when I say you through education at D.C. Catholic passed. will be missed in this House. You are a schools that otherwise they could not We never called it compromise. I gentleman and a scholar, and it has get. guess we called it just working to- been a pleasure and a privilege to have I hope that these acts of kindness gether and enjoying working together, served with you. I wish you well in will be permanently engraved in the and that is gone. I don’t know whether your retirement. legacy of Speaker JOHN BOEHNER. it will come back.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.087 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7248 CONGRESSIONAL RECORD — HOUSE October 27, 2015 It would seem to me that JOHN is al- JOHN was our minority leader. He Ohio and the Nation. The great State ways going to be remembered as some- worked hard. Many thought that we of Ohio has benefited greatly through body that cared more about his coun- would never see that majority again. his leadership. try, his family, and this Congress than On November, the day before the While there are things, certainly, he did about being Speaker. And that is election in 2010, I had lunch with then- that we have not agreed on, we have al- the way I want to remember him. Leader BOEHNER, and he said: ‘‘We are ways managed to not be disagreeable in Thank you, Congressman CHABOT and going to take the majority back, and it a way that was negative for Ohio or the Congresswoman KAPTUR, for giving me is going to happen tomorrow.’’ Nation. But there were some things this opportunity. Ladies and gentlemen, history all that we did agree on. Mr. CHABOT. I appreciate the gentle- changed when Pope Francis came. It There is one quote that was a very man’s words. He has been around here changed because Pope Francis was proud moment for me, as a Member of a long time. He is a very distinguished here, but it changed the history of this , when gentleman, a Korean war veteran, and JOHN BOEHNER’s speakership. I am con- Speaker BOEHNER said: ‘‘It was begin- we respect you greatly. fident history will show that JOHN ning to become a political football, and I yield to the gentleman from Ohio BOEHNER was one of the best Speakers I just thought it was time to stop. (Mr. TIBERI). in the history of our country. Let’s have a discussion with respon- Mr. TIBERI. Mr. Speaker, what a Mr. Speaker, Godspeed. We will miss sible Members of Congress to try to journey. What a journey. It is a jour- you. bring some resolution to this.’’ ney that I got to join after I was elect- Mr. CHABOT. I thank the gentleman But in his own view, Mr. Speaker, ed to the House in November of 2000. very much. Very inspiring. there should be no debate because, he My first real interaction with you, I yield to the gentlewoman from Ohio said: ‘‘In my view, the issue is settled. Mr. Speaker, you might remember, you (Ms. KAPTUR). The flag should be gone.’’ And, Mr. were the incoming chairman of the Ms. KAPTUR. Mr. Speaker, next will Speaker, that flag was the Confederate Committee on Education and the be Congresswoman , who flag. So I say thank you, Mr. BOEHNER, Workforce. had served as the minority leader of for that. As freshmen, we were putting to- the Ohio Senate prior to arriving here Thank you, Congresswoman KAPTUR, gether our requests to decide what our has just arrived with such capacity, for a recent article that I read that you top committee assignments would be. and I know she has served with JOHN wrote about Speaker BOEHNER. I think Education and the Workforce wasn’t BOEHNER and knows him very well. you said it all when you talked about one of mine, but apparently it is one of Thank you for being here this his life here in Congress, and you said yours, not just for you as chairman but evening, Congresswoman BEATTY. we all have benefited in our State from for me as freshman because you came Mr. CHABOT. I yield to the gentle- the great work that he has done. I by and you saw my list and said, ‘‘I woman from Ohio (Mrs. BEATTY). agree with you. don’t know why you are doing that. Mrs. BEATTY. Thank you to my Thank you, Mr. Speaker, for always You are going to be on the Education friend, Congresswoman , taking my calls. Thank you for always and the Workforce Committee.’’ I said, and Congressman CHABOT for managing having an open door. I leave you with ‘‘No, I am not.’’ Yes, I was and, yes, I tonight’s Special Order. these words, the words of Nelson did. And it was an unbelievable experi- I am proud to join my colleagues as Mandela: ‘‘It always seems impossible ence. It was one which I did not expect. we salute Speaker JOHN ANDREW BOEH- until it is done.’’ And as Chairman RANGEL said, it was NER for his almost 25 years of service Thank you, Mr. Speaker. Job well one that made history with George and being elected this January to his done. Miller and the late Senator Ted Ken- third term as Speaker of the House. Mr. CHABOT. Reclaiming my time, nedy and President George W. Bush. It Tonight my remarks are personal. I the gentlewoman referred to having wouldn’t have happened without the have had the pleasure of knowing JOHN been given the opportunity to attend leadership of then-Chairman BOEHNER. BOEHNER for more than three decades. the funeral of the great Nelson Boy, could he run a committee. It Although at different times we both Mandela. The Speaker actually made it was really his forte, and most Ameri- served in the Ohio House of Represent- possible for me to also go on a bipar- cans don’t even know what a great atives, he and my spouse, Otto, served tisan delegation to the funeral of Pope committee chairman he was. He was a and worked on many things together. John Paul II, and it was one of those committee chairman’s chairman, quite experiences that is kind of a once-in-a- 1915 frankly. b lifetime thing. It was a sad occasion, He, as leader, as Speaker, will go When I came to Congress, he invited but nonetheless one that was very in- down in history as one who cherished me into his office for a cup of coffee. It spirational for me and a lot of other that process. That process was not al- is not bad to have the Speaker, the Members who went as well. ways what he liked or what he wanted, third most powerful person in the I now yield to the gentleman from but he sure understood it, he sure re- country, call you by your first name Ohio (Mr. STIVERS). spected it, and he sure loved it. As Mr. and, when we are back home, to say to Mr. STIVERS. Mr. Speaker, I thank RANGEL knows, he was sure good at it others in my district that I am his Chairman CHABOT for yielding to me. in a bipartisan way. friend. Mr. Speaker, today I rise to honor a In early 2006, we had an opening for As a freshman, I learned, as most of fellow Ohioan who has done so much majority leader. I harken back to a you know, that seniority is very impor- for our country. I didn’t really know dinner that I was able to attend back tant in this House. Well, I said, I was a JOHN BOEHNER when Congresswoman in 2002 when I heard then-Chairman freshman, so that equals no seniority. , my predecessor once BOEHNER say, ‘‘You know, some day I Nelson Mandela died, and I learned removed, decided to retire. He started would like to be back in leadership.’’ that there was going to be an oppor- calling me, and I got to know him a lit- I looked at him like he was crazy. tunity for Members to go to South Af- tle better. He convinced me to run for You are kidding me? How could he do rica to Nelson Mandela’s funeral. Wow. Congress to make America better and that? Yes, I wanted to go. make America stronger. Do you know what he did? He just All my colleagues said: There is one The other thing I will always remem- worked hard. He did the right things. problem, Congresswoman BEATTY, and ber is he was very honest during that He played the long game. He helped that word again appeared—seniority. I recruiting process. I remember talking people. When the opening that nobody will always be so grateful for Speaker to him about, ‘‘Gee, I would like to get saw came in 2006, he won an upset race BOEHNER approving the recommenda- on the Committee on Energy and Com- on the second ballot to become our ma- tion from Leader PELOSI. Yes, I went to merce.’’ He took a big drag of his ciga- jority leader. Nelson Mandela’s funeral. rette, and he said, ‘‘Not gonna hap- The die was already cast, and we lost Tonight I am proud to join my col- pen.’’ that election in November of 2006. The leagues in saying that Speaker BOEH- He never misled me. He never said Democrats took the majority, and NER served as a great statesman for anything that he didn’t back up. I will

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.089 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7249 always respect that about him and the globe and land on the Moon, why do we he worked and honesty to the Amer- way he has acted his entire time for 25 have the smallest NASA center in the ican people—his humility, his sense of years in this House. I know he will be country? humor, and his incredible patience. happy to spend more time with the There are real regional pulls inside I remember first coming into Con- things and people that are important this institution, and JOHN BOEHNER put gress in the 113th Congress and, in fact, to him. He is going to spend more time his sword in the ground for our Great it was the Speaker’s wife, Debbie Boeh- with his wife, Debbie, his children, his Lakes region. I worry a lot about what ner, who became the mentor to my brandnew grandson, and of course he this means for us as other parts of the husband, as a new congressional will spend more time with his golf country weigh in more heavily. spouse. I was, quite frankly, a bit terri- clubs and probably a bottle of wine. As an Ohioan, understanding that fied of the thought of my husband I think it goes without saying that there are so many things we don’t have being assigned to the Speaker’s wife. we will miss JOHN BOEHNER more than from this Federal Government, we However, they were perfect. They both he will miss us. He has always been the don’t have a major research center enjoy an incredible sense of humor, but responsible adult in the room. He has from the national energy labs; other they also ground us, and they remind always done what is right for America, than Wright-Patterson Air Force Base, us what is important in life. I would regardless of the personal cost. He has we really don’t have bases, as other like to thank Debbie Boehner for shar- a lasting legacy in this institution, parts of the country do, to the same ex- ing her husband and for sharing the fa- from simple traditions like the Boeh- tent, when you look at the Federal es- ther of their children with the country ner birthday song that we will sing in tablishment in Ohio; if you look at the all of these many years. this institution for a very long time to National Park Service and what it does What the Speaker shared with all of policy matters, like looking after at- west of the Mississippi versus what it us is he shared and taught all of us risk kids, both here in Washington and does east of the Mississippi. We actu- about the importance of this institu- all around this country, enacting ally had a voice for our part of the tion, its rich history, and how to serve meaningful entitlement reform, and country, so I take his leaving very per- the people of our districts with distinc- banning earmarks. sonally in terms of what it means to us tion and honor. Although I am a Miami He also had political accomplish- as a State. of Ohio grad, I have to admit, I enjoyed ments: winning back a Republican ma- I want to thank him for allowing the a common bond with the Speaker in jority in the House and growing that Ukraine Freedom Support Act to move that my daughter played soccer for Xa- majority. His legacy will be lasting in- to the floor late last year. It was one of vier University, and so it was fun to deed. I am a better Representative for the last agenda items of that session of share that love of having worked with JOHN BOEHNER. Congress. I know, without his interven- with him as well. They say Washington changes you, tion, we wouldn’t be where we are I would like to mention probably his but after 25 years in Washington, D.C., today in terms of trying to be relevant last codel, or his last congressional JOHN BOEHNER has never forgotten at liberty’s edge. trip, and I was very honored to be where he came from. His roots are that I thank him for his service. As third asked to be a part of it. It was this big, Catholic family, running a local in line to the Presidency of this coun- summer, and it was a codel to Eastern bar in a blue collar part of Cincinnati. try, most Americans will never know Europe, to Lithuania, Finland, and Po- That background grounded him and some of the burden that he bore, with land, most notably, and we ended in gave him the right perspective on both knowledge that most of the rest of this Ireland. However, while we were in life and public service. Losing JOHN Chamber does not have, but for certain Eastern Europe, it was because of BOEHNER is bad for Ohio, and I believe he did, and he held that close to him- Speaker BOEHNER that he showed the it is bad for America, but it is probably self. Eastern European countries how vi- good for JOHN BOEHNER. I thank him for all those quiet mo- tally important it was that we stand Speaker BOEHNER, on behalf of my ments when perhaps the burden seemed with our allies against Russian aggres- constituents, let me say thank you for almost overwhelming. I thank him for sion. your selfless service to this country, his service. I assume he will continue It was an honor to be a part of that and good luck in the future. Please to be involved in some ways in the days trip because he demonstrated Amer- don’t be a stranger. and years ahead. He loves politics too ica’s leadership and commitment to Mr. CHABOT. I thank the gentleman. much to just walk away from it. freedom and ensuring that we would Does the gentlewoman from Ohio have I thank him on behalf of the people of stand with our friends and allies. It any further speakers? Ohio for representing our State, our re- was an incredible learning experience Ms. KAPTUR. Congressman CHABOT, gion, in his dutiful service to the for me and the others on the trip. I have no further speakers, but I would United States of America. When I think about the Speaker, he just like to add this if I might. Thank you, Speaker JOHN BOEHNER, probably has worked harder than any- Mr. CHABOT. Absolutely. from Ohio, from the heartland. one I will ever know to protect this in- Ms. KAPTUR. That is, the cir- I thank Congressman CHABOT, the stitution. Although it is not for much cumstances that have led to Speaker dean on his side of the aisle, for yield- longer that we will call him Mr. Speak- BOEHNER’s decision to depart this ing to me. er, I will always admire his steadfast Chamber trouble me a great deal. His- Mr. CHABOT. Mr. Speaker, I want to commitment to protecting the Amer- tory will report on everything that thank the gentlewoman for partici- ican public and serving our country. happened that has led to this point, but pating this evening. We really do ap- I must share that one of the unique how sad is it that someone with that preciate making this a bipartisan aspects of his leadership and that of his experience from our part of the coun- event. terrific team which has surrounded try—the Great Lakes region doesn’t Although our next speaker is not him is they have done an incredible job have all that much here in terms of from Ohio, she is the next best thing, sharing his experience as leader with leadership positions—would do this for the gentlewoman from Indiana (Mrs. the American public. Whether we have what he views as the good of the coun- BROOKS), and that is no offense to our watched on YouTube or other ways a try because certain individuals seem next door neighbors in Kentucky or morning trip to the diner for breakfast, not to be able to work as a team. If we Pennsylvania. fixing his lawnmower at home, carving can’t work as a team, team America, Mrs. BROOKS of Indiana. Mr. Speak- the turkey or, most importantly to then I think that really harms our en- er, I want to thank the gentleman from him, the historic visit from Pope tire Republic. Ohio for spearheading this Special Francis, he and his staff have done an Speaking as the dean of our delega- Order tonight and giving us the oppor- excellent job of giving the American tion, Ohio will lose a great deal by the tunity to honor Speaker BOEHNER. public and the American people an in- Speaker’s departure. Many times I Part of his legacy and what I was side look at the life of JOHN BOEHNER, have said in my career: How is it that told about Speaker BOEHNER before I the Speaker of the House. the State that produced arrived here was his incredible hon- He embodies the qualities of an and Neil Armstrong to both orbit the esty—honesty to all of us with whom American patriot. It has truly been an

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.090 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7250 CONGRESSIONAL RECORD — HOUSE October 27, 2015 honor to serve with him in the United exemplary service of House Speaker I have been privileged to work with States Congress. I am now so pleased JOHN BOEHNER to our great Nation. Speaker BOEHNER, first when I was a he will have the opportunity to enjoy As the Delegate to the United States congressional staffer on being a new grandfather and enjoy his of House of Representatives from back in the nineties, when I worked for children, Lindsay and Tricia, and of American Samoa, I am always honored my predecessor. At that time, Repub- course his wife, Debbie. He will very to address the Chamber, even more so licans took a historic majority in 1994 much be missed. today, so that I can acknowledge the and Speaker BOEHNER then was in the Thank you, Mr. Speaker, for your sincerity, kindness, and years of hard leadership. commitment to our country. work of a man that I have known for Then this year I was able to join, as Mr. CHABOT. I thank the gentle- over 20 years. a Member of Congress myself, with the woman for her kind words. She men- As a man who has gone from the largest Republican majority since the tioned she is a Miami of Ohio graduate. humble beginnings of a night janitor to 1920s and serve with Speaker BOEHNER I would just note for the RECORD that the Speaker of the United States House once again. our son Randy is a graduate, and my of Representatives, Mr. BOEHNER is the I know from that experience, both as younger brother Dave is also a grad- perfect example of the American a staffer as well as a Member, the in- uate of that great college. I almost Dream fulfilled. It demonstrates that, credible, great treatment he always went there myself. with hard work, dedication, and a gave his staff, how we all know the leg- I now yield to the gentleman from strong moral compass, one can achieve endary ‘‘Boehnerland,’’ and how he has Florida (Mr. CURBELO). great things in our great Nation. always been so wonderful to work with. Mr. CURBELO of Florida. I thank the From the humble beginnings of a All of them continue to keep in touch gentleman for yielding, and I thank the child of 12 who used to sweep floors to with him. Ohio delegation for giving us this very second in line to the Presidency, not Speaker BOEHNER has taken on each special opportunity to honor a man too shabby. of these tasks, when he was a Member, whom we all admire and appreciate. I believe that the fact that he rose when he was a Gang of Seven member, I am not from Ohio. I am from the from very humble beginnings to the when he was a chairman, when he was State of Florida. I haven’t known JOHN Speakership has made him the man a leader, and now a Speaker, with an BOEHNER nearly as long as many of my and leader he is today, one who always energy and willingness, regardless of friends who have spoken here tonight. made even the lowest ranking fresh- the headwinds. However, I can say this, Mr. Speaker: man feel at ease and included, and I He is an honorable man of faith and For many of us who are still relatively thank him for that. conviction who has always served his new here in Congress, for many of us While we all know of the many constituents and the American people, who represent a younger generation of achievements that this man of the peo- particularly children and the most vul- leaders who have come here to serve, ple has accomplished during his illus- nerable, in a faithful and consistent JOHN BOEHNER is a great example—an trious career and recognize his unques- way. example of decency, of sincerity, of in- tionable dedication to our Nation, I particularly appreciate the Speaker tegrity, and of profound caring for many do not realize just how kind, bringing this year the Prime Minister every single American and for all of us. modest, and caring he truly is as a per- of Israel, Mr. Netanyahu, and Pope son. Francis to this body to make historic b 1930 During a recent GOP retreat, I was addresses to Congress, addresses that I am moved by JOHN BOEHNER’s work able to spend a few minutes with the we will always remember and that were in education, which is clearly one of Speaker—or should I say my grand- just inspiring this year. I so appreciate his great passions. As a school board daughter Ella did. I had brought Ella, his leadership in insisting on having us member in Miami-Dade County, I saw who is 2 years old, with me to the re- hear from those wonderful leaders of firsthand the difference that JOHN treat so that I could spend some time the world. BOEHNER’s work in education made in with her during the breaks in between He has always served as a patriot the lives of children, oftentimes poor the activities. committed to our founding principles. children, low-income children, who Well, let me tell you, Ella was mes- He will be missed by many on both would not be counted had JOHN BOEH- merized by the Speaker, and I am pret- sides of the aisle, although I know he NER not done such wonderful work in ty sure he felt the same. They had a welcomes this new chapter in his life. I the Committee on Education and the conversation that only the two of them am very happy that he will be able to Workforce when he was chairman. seemed to understand, and Ella was spend more time with his beloved new The legislation that JOHN BOEHNER just fascinated with this very funny grandson and his family. and those who served with him ad- man who was so kindly entertaining I thank Speaker BOEHNER for his vanced made sure that every child her. This short, but memorable, inter- service to this country, and I wish him counted and that no child would be action is one that I know Ella will be well again as he begins this new chap- counted out, no matter where they proud to recount when she is older. ter in his life. lived, the color of their skin, or where Mr. Speaker, I ask that the House Mr. CHABOT. I thank the gentle- their parents came from. rise and join me in saluting the 53rd woman very much for her remarks this So today I just say thank you to Speaker of the United States House of evening, and I thank all the Members JOHN BOEHNER. I say thank you to his Representatives, JOHN BOEHNER, and who came here, on both sides of the family. also thank him for his unwavering aisle, to speak. Like the Speaker, I am the father of dedication and outstanding service to I want to particularly thank Ms. two girls. I know exactly how much our grateful Nation. KAPTUR for participating in this trib- they have sacrificed for him, for his Mr. CHABOT. I thank the gentle- ute to Speaker BOEHNER so that it was colleagues, and for our country. woman for her kind and inspiring re- truly bipartisan this evening. Mr. Speaker, I am a better man for marks. I have some concluding remarks. I having served with JOHN BOEHNER. This Mr. Speaker, I now yield to the gen- don’t think there are any more speak- institution is a better institution for tlewoman from Virginia (Mrs. COM- ers following that. I think we have just his service. Tonight we and the Amer- STOCK). about enough time. ican people thank him. Mrs. COMSTOCK. Mr. Speaker, I rise I already said a few things about Mr. CHABOT. I thank the gentleman today to honor Speaker JOHN BOEHNER, JOHN, but let me continue. JOHN BOEH- very much. a hardworking, dedicated gentleman NER was born in 1949. He was the second Mr. Speaker, I yield to the gentle- who has served this institution with of 12 children, 9 boys and 3 girls. His woman from American Samoa (Mrs. dignity and diligence. parents, Mary Anne and Earl Henry RADEWAGEN). His perseverance in this role has been Boehner, ran the family business, Mrs. RADEWAGEN. I thank the gen- a true service to the Nation. He is a Andy’s Bar, in Carthage, which is a tleman from Ohio. class act whose respect for the institu- neighborhood in my district. JOHN’S Mr. Speaker, I rise today to recognize tion and his love of country are ex- grandfather opened that bar back in the unwavering dedication and years of traordinary. 1938.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.091 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7251 JOHN grew up in a two-bedroom house In that job, JOHN learned what it sage about a spiritual path to a better in Reading, with JOHN sharing one bed- takes to survive in a small business future, particularly his call on all of us room with three brothers, while his sis- and he learned all too well how dif- to strengthen our families, protect the ter had the other. His parents slept on ficult it is for small businesses to deal sanctity of life, and help the less fortu- the pull-out couch. with the regulatory and tax burdens nate among us. Although his father would later build imposed by the government. He It was an amazing moment for this a three-bedroom addition to the house, brought that understanding to Wash- House and this country, and it JOHN still had to share a single bath- ington, where he has fought for small- wouldn’t have been possible without room with his 11 brothers and sisters. er, less-intrusive government. Speaker JOHN BOEHNER. I know it has So he learned how to manage conflict JOHN got his start in politics by get- been one of his top goals since he was early in his life. ting involved in his local homeowners in the Republican leadership back in Also, as the second oldest, he had to association. That experience led him to the nineties, and I think it is a fitting help his parents out not only around run for Township Trustee in Butler finale to a very distinguished career. the house with his younger brothers County’s Union Township, now called Ultimately, I hope that JOHN BOEH- and sisters, but also with the family West Chester Township, in part, to dis- NER is remembered like he would say, business. tinguish it from 27 other Union Town- as a regular guy who rose from humble At age 8, JOHN began to work at ships in Ohio, including one in my dis- beginnings to become the leader of the Andy’s Bar, starting by mopping floors. trict, where he served from 1981 to 1984. people’s House, as a leader who never Later he would wait on tables. In doing In 1984, he was elected to the Ohio stopped believing that the American so, JOHN learned the value of a dollar House of Representatives, where Re- people can overcome any obstacles, and and the importance of hard work. publicans were heavily outnumbered by as a crusader who fought for a smaller, JOHN attended , Democrats at the time. In 1990, he won less-intrusive, and more accountable as we have mentioned a few times this a four-person Republican primary for government. evening, and he played linebacker for Ohio’s Eighth Congressional District. Of course, I will always remember future Notre Dame Head Coach Gerry Although his victory was somewhat him as a friend. Faust at Moeller. Playing in the GCL surprising in local political circles at Thank you, JOHN, for your service to for Coach Faust, JOHN learned that you the time, looking back now, it is more our Nation. can achieve any goal in life if you are surprising that he wasn’t the favorite. Mr. Speaker, I yield back the balance willing to work hard and to make the Upon his election to Congress, JOHN of my time. necessary sacrifices. became a member of the so-called Gang As hard as it is for a LaSalle Lancer f like myself to praise a Moeller Cru- of Seven, a group of Republicans who regularly battled with congressional RECESS sader, it is clear to me that JOHN The SPEAKER pro tempore. Pursu- learned that lesson well, and his life leadership. Sounds like something ant to clause 12(a) of rule I, the Chair and career are a testament to that around here in modern times. declares the House in recess subject to message. The Gang of Seven played a pivotal After graduating from high school in role in exposing the House Bank and the call of the Chair. Accordingly (at 7 o’clock and 44 min- 1968, JOHN enlisted in the Navy while post office scandals. America was heavily involved in Viet- Early on in his congressional career, utes p.m.), the House stood in recess. nam. He was later honorably dis- JOHN also worked closely with Newt f Gingrich and helped to draft the Con- charged due to a bad back, an injury he b 0013 had suffered as a teenager working at tract with America, a set of principles AFTER RECESS the family bar. to which Republican candidates from After holding several entry-level all over the country agreed, including The recess having expired, the House jobs, JOHN then set his sights on a col- myself. was called to order by the Speaker pro lege degree. With the encouragement of It was those principles that propelled tempore (Mr. STIVERS) at 12 o’clock William Smith, a professor at Xavier the Republican wave in 1994 and led to and 13 minutes a.m. University and high school football ref- the first Republican majority in the f eree who was mentoring him about ref- House of Representatives in 40 years. REPORT ON RESOLUTION PRO- ereeing local sports, JOHN decided to Throughout his time in Congress, VIDING FOR CONSIDERATION OF attend Xavier. JOHN has advocated commonsense re- Throughout his time at Xavier Uni- forms in the House and in the broader THE SENATE AMENDMENT TO versity, JOHN juggled numerous jobs, government. In addition to fighting to H.R. 1314, ENSURING TAX EX- although his primary job was as a jan- close the House Bank as part of the EMPT ORGANIZATIONS THE itor for a Reading company. His hard , he also pushed RIGHT TO APPEAL ACT work paid off, and he graduated from for the requirement that Congress live Mr. COLE, from the Committee on Xavier in 1977, becoming the first per- by the same rules it imposes on the Rules, submitted a privileged report son in his family to graduate from col- rest of the American people. (Rept. No. 114–315) on the resolution (H. lege. Later, to help promote transparency Res. 495) providing for consideration of But his work as a janitor had another in the appropriations process, JOHN en- the Senate amendment to the bill (H.R. more important reward. He met his acted the first ban on earmarks in the 1314) to amend the Internal Revenue wife of 42 years, Debbie, who worked in House. Code of 1986 to provide for a right to an the accounting department at the same Although he will be remembered for administrative appeal relating to ad- company. They would marry in 1973, many things, these reforms may have verse determinations of tax-exempt the same year my wife and I were mar- the most enduring impact on the credi- status of certain organizations, which ried, and raised two daughters, Lindsay bility and integrity of this institution, was referred to the House Calendar and and Tricia, and now a grandson, the House of Representatives, the peo- ordered to be printed. Alistair. My wife and I also have two ple’s House. f children, a daughter and a son, and one However, knowing JOHN like I know grandson so far. him, I would guess that his fondest LEAVE OF ABSENCE After graduating from Xavier, JOHN memory will be Pope Francis’ visit to By unanimous consent, leave of ab- was hired as a salesman for a small Washington and his address to Con- sence was granted to: packaging and plastics company. gress right here in this very room. It Mr. ROSKAM (at the request of Mr. Through hard work and determination, was truly a historic and monumental MCCARTHY) for October 26 and today on he steadily worked his way up the com- event, as Pope Francis became the first account of a matter requiring his per- pany ladder, ultimately serving as sitting pontiff to address a joint ses- sonal attention in the 6th Congres- president of the company. He resigned sion of Congress ever. sional District of Illinois. from that position when he was elected Millions of Americans, myself in- Mr. TAKAI (at the request of Ms. to Congress in 1990. cluded, were moved by the Pope’s mes- PELOSI) for October 26 and today.

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.092 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H7252 CONGRESSIONAL RECORD — HOUSE October 27, 2015 ENROLLED BILL SIGNED ance with 10 U.S.C. 777; to the Committee on 23, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Armed Services. Added by Public Law 104-121, Sec. 251; to the Karen L. Haas, Clerk of the House, 3258. A letter from the Assistant Secretary, Committee on Transportation and Infra- reported and found truly enrolled a bill Legislative Affairs, Department of State, structure. of the House of the following title, transmitting a report covering the period 3266. A letter from the Management and which was thereupon signed by the from June 15, 2015 to August 14, 2015, pursu- Program Analyst, FAA, Department of Speaker: ant to the Authorization for Use of Military Transportation, transmitting the Depart- Force Against Iraq Resolution of 2002 (Pub. ment’s final rule — Airworthiness Direc- H.R. 313. An act to amend title 5, United L. 107-243) and the Authorization for Use of tives; Airbus Helicopters [Docket No.: FAA- States Code, to provide leave to any new Military Force Against Iraq Resolution of 2015-3877; Directorate Identifier 2015-SW-039- Federal employee who is a veteran with a 1991 (Pub. L. 102-1); to the Committee on For- AD; Amendment 39-18284; AD 2015-18-51] (RIN: service-connected disability rated at 30 per- eign Affairs. 2120-AA64) received October 23, 2015, pursuant cent or more for purposes of undergoing med- 3259. A letter from the Clerk, United States to 5 U.S.C. 801(a)(1)(A); Added by Public Law ical treatment for such disability, and for Court of Appeals for the Third Circuit, trans- 104-121, Sec. 251; to the Committee on Trans- other purposes. mitting an opinion of the United States portation and Infrastructure. f Court of Appeals for the Third Circuit, C.A. 3267. A letter from the Management and No. 14-1387, G.L.; et al. v. Ligonier Valley Program Analyst, FAA, Department of BILLS PRESENTED TO THE School District Authority, Appellant (Sep- Transportation, transmitting the Depart- PRESIDENT tember 22, 2015); to the Committee on the Ju- ment’s final rule — Airworthiness Direc- diciary. tives; Pratt & Whitney Canada Corp. Turbo- Karen L. Haas, Clerk of the House, prop Engines [Docket No.: FAA-2013-1059; Di- reported that on October 26, 2015, she 3260. A letter from the Management and Program Analyst, FAA, Department of rectorate Identifier 2013-NE-36-AD; Amend- presented to the President of the Transportation, transmitting the Depart- ment 39-17896; AD 2014-14-02] (RIN: 2120-AA64) United States, for his approval, the fol- ment’s final rule — Airworthiness Direc- received October 23, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Added by Public Law 104- lowing bills: tives; Airbus Airplanes [Docket No.: FAA- 121, Sec. 251; to the Committee on Transpor- H.R. 774. To strengthen enforcement mech- 2015-4203; Directorate Identifier 2015-NM-142- tation and Infrastructure. anisms to stop illegal, unreported, and un- AD; Amendment 39-18299; AD 2015-21-07] (RIN: 3268. A letter from the Management and regulated fishing, to amend the Tuna Con- 2120-AA64) received October 23, 2015, pursuant Program Analyst, FAA, Department of ventions Act of 1950 to implement the Anti- to 5 U.S.C. 801(a)(1)(A); Added by Public Law Transportation, transmitting the Depart- gua Convention, and for other purposes. 104-121, Sec. 251; to the Committee on Trans- ment’s final rule — Airworthiness Direc- H.R. 323. To designate the facility of the portation and Infrastructure. tives; The Boeing Company Airplanes [Dock- United States Postal Service located at 55 3261. A letter from the Management and et No.: FAA-2014-0128; Directorate Identifier Grasso Plaza in St. Louis, Missouri, as the Program Analyst, FAA, Department of 2013-NM-133-AD; Amendment 39-18278; AD ‘‘Sgt. Amanda N. Pinson Post Office.’’ Transportation, transmitting the Depart- 2015-19-16] (RIN: 2120-AA64) received October H.R. 324. To designate the facility of the ment’s final rule — Airworthiness Direc- 23, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); United States Postal Service located at 11662 tives; Pratt & Whitney Canada Corp. Turbo- Added by Public Law 104-121, Sec. 251; to the Gravois Road in St. Louis, Missouri, as the shaft Engines [Docket No.: FAA-2015-0486; Committee on Transportation and Infra- ‘‘Lt. Daniel P. Riordan Post Office.’’ Directorate Identifier 2015-NE-07-AD; structure. H.R. 558. To designate the facility of the Amendment 39-18282; AD 2015-20-04] (RIN: 3269. A letter from the Management and United States Postal Service located at 55 2120-AA64) received October 23, 2015, pursuant Program Analyst, FAA, Department of South Pioneer Boulevard in Springboro, to 5 U.S.C. 801(a)(1)(A); Added by Public Law Transportation, transmitting the Depart- Ohio, as the ‘‘Richard ‘Dick’ Chenault Post 104-121, Sec. 251; to the Committee on Trans- ment’s final rule — Airworthiness Direc- Office Building.’’ portation and Infrastructure. tives; Lockheed Martin Corporation/Lock- H.R. 1442. To designate the facility of the 3262. A letter from the Management and heed Martin Aeronautics Company Airplanes United States Postal Service located at 90 Program Analyst, FAA, Department of [Docket No.: FAA-2015-0493; Directorate Cornell Street in Kingston, New York, as the Transportation, transmitting the Depart- Identifier 2014-NM-184-AD; Amendment 39- ‘‘Staff Sergeant Robert H. Dietz Post Office ment’s final rule — Airworthiness Direc- 18283; AD 2015-20-05] (RIN: 2120-AA64) received Building.’’ tives; CFM International S.A. Turbofan En- October 23, 2015, pursuant to 5 U.S.C. H.R. 1884. To designate the facility of the gines [Docket No.: FAA-2015-0277; Direc- 801(a)(1)(A); Added by Public Law 104-121, United States Postal Service located at 206 torate Identifier 2015-NE-05-AD; Amendment Sec. 251; to the Committee on Transpor- West Commercial Street in East Rochester, 39-18262; AD 2015-18-04] (RIN: 2120-AA64) re- tation and Infrastructure. New York, as the ‘‘Officer Daryl R. Pierson ceived October 23, 2015, pursuant to 5 U.S.C. 3270. A letter from the Management and Program Analyst, FAA, Department of Memorial Post Office Building.’’ 801(a)(1)(A); Added by Public Law 104-121, Transportation, transmitting the Depart- H.R. 3059. To designate the facility of the Sec. 251; to the Committee on Transpor- ment’s final rule — Airworthiness Direc- United States Postal Service located at 4500 tation and Infrastructure. tives; Piper Aircraft, Inc. Airplanes [Docket SE 28th Street, Del City, Oklahoma, as the 3263. A letter from the Management and Program Analyst, FAA, Department of No.: FAA-2015-4085; Directorate Identifier James Robert Kalsu Post Office Building. 2015-CE-033-AD; Amendment 39-18292; AD H.R. 322. To designate the facility of the Transportation, transmitting the Depart- ment’s final rule — Airworthiness Direc- 2015-20-13] (RIN: 2120-AA64) received October United States Postal Service located at 16105 23, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Swingley Ridge Road in Chesterfield, Mis- tives; Viking Air Limited (Type Certificate Previously Held by Bombardier, Inc.) Air- Added by Public Law 104-121, Sec. 251; to the souri, as the ‘‘Sgt. Zachary M. Fisher Post Committee on Transportation and Infra- Office.’’ planes [Docket No.: FAA-2015-0684; Direc- torate Identifier 2014-NM-215-AD; Amend- structure. 3271. A letter from the Management and f ment 39-18285; AD 2015-20-06] (RIN: 2120-AA64) Program Analyst, Department of Transpor- received October 23, 2015, pursuant to 5 ADJOURNMENT tation, transmitting the Department’s final U.S.C. 801(a)(1)(A); Added by Public Law 104- Mr. COLE. Mr. Speaker, I move that rule — Airworthiness Directives; Airbus Air- 121, Sec. 251; to the Committee on Transpor- planes [Docket No.: FAA-2015-3981; Direc- the House do now adjourn. tation and Infrastructure. torate Identifier 2015-NM-126-AD; Amend- 3264. A letter from the Management and The motion was agreed to; accord- ment 39-18280; AD 2015-20-02] (RIN: 2120-AA64) Program Analyst, FAA, Department of ingly (at 12 o’clock and 14 minutes received October 23, 2015, pursuant to 5 a.m.), under its previous order, the Transportation, transmitting the Depart- U.S.C. 801(a)(1)(A); Added by Public Law 104- House adjourned until today, Wednes- ment’s final rule — Airworthiness Direc- 121, Sec. 251; to the Committee on Transpor- tives; Schempp-Hirth Flugzeugbau GmbH day, October 28, 2015, at 10 a.m. for tation and Infrastructure. Sailplanes [Docket No.: FAA-2015-3224; Direc- 3272. A letter from the Management and morning-hour debate. torate Identifier 2015-CE-026-AD; Amendment Program Analyst, FAA, Department of f 39-18290; AD 2015-20-11] (RIN: 2120-AA64) re- Transportation, transmitting the Depart- ceived October 23, 2015, pursuant to 5 U.S.C. ment’s final rule — Establishment of Class E EXECUTIVE COMMUNICATIONS, 801(a)(1)(A); Added by Public Law 104-121, Airspace; Sheridan, AR [Docket No.: FAA- ETC. Sec. 251; to the Committee on Transpor- 2015-1388; Airspace Docket No.: 15-ASW-3] re- Under clause 2 of rule XIV, executive tation and Infrastructure. ceived October 23, 2015, pursuant to 5 U.S.C. 3265. A letter from the Management and communications were taken from the 801(a)(1)(A); Added by Public Law 104-121, Program Analyst, FAA, Department of Sec. 251; to the Committee on Transpor- Speaker’s table and referred as follows: Transportation, transmitting the Depart- tation and Infrastructure. 3257. A letter from the Acting Under Sec- ment’s final rule — Airworthiness Direc- 3273. A letter from the Management and retary, Personnel and Readiness, Depart- tives; Bombardier, Inc. Airplanes [Docket Program Analyst, FAA, Department of ment of Defense, transmitting a letter au- No.: FAA-2014-1046; Directorate Identifier Transportation, transmitting the Depart- thorizing three officers to wear the insignia 2014-NM-021-AD; Amendment 39-18286; AD ment’s final rule — Airworthiness Direc- of the grade of brigadier general, in accord- 2015-20-07] (RIN: 2120-AA64) received October tives; General Electric Company Turbofan

VerDate Sep 11 2014 05:13 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.027 H27OCPT1 SSpencer on DSK4SPTVN1PROD with HOUSE October 27, 2015 CONGRESSIONAL RECORD — HOUSE H7253 Engines [Docket No.: FAA-2008-0808; Direc- ment’s final rule — Modification to Re- sideration of the Senate amendment to the torate Identifier 2008-NE-18-AD; Amendment stricted Areas R-3601A & R-3601B; Brookville, bill (H.R. 1314) to amend the Internal Rev- 39-18288; AD 2015-20-09] (RIN: 2120-AA64) re- KS [Docket No.: FAA-2015-3780; Airspace enue Code of 1986 to provide for a right to an ceived October 23, 2015, pursuant to 5 U.S.C. Docket No.: 15-ACE-5] received October 23, administrative appeal relating to adverse de- 801(a)(1)(A); Added by Public Law 104-121, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); Added terminations of tax-exempt status of certain Sec. 251; to the Committee on Transpor- by Public Law 104-121, Sec. 251; to the Com- organizations. (Rept. 114–315). Referred to tation and Infrastructure. mittee on Transportation and Infrastruc- the House Calendar. 3274. A letter from the Management and ture. Program Analyst, Department of Transpor- 3282. A letter from the Management and f tation, transmitting the Department’s final Program Analyst, FAA, Department of PUBLIC BILLS AND RESOLUTIONS rule — Establishment of Class E Airspace; Transportation, transmitting the Depart- Springfield, MO [Docket No.: FAA-2014-0559; ment’s final rule — Establishment of Class E Under clause 2 of rule XII, public Airspace Docket No.: 14-ACE-6] received Oc- Airspace; Newport, NH [Docket No.: FAA- bills and resolutions of the following tober 23, 2015, pursuant to 5 U.S.C. 2014-0037; Airspace Docket No.: 14-ANE-3] re- titles were introduced and severally re- 801(a)(1)(A); Added by Public Law 104-121, ceived October 23, 2015, pursuant to 5 U.S.C. ferred, as follows: Sec. 251; to the Committee on Transpor- 801(a)(1)(A); Added by Public Law 104-121, Sec. 251; to the Committee on Transpor- By Mrs. LAWRENCE (for herself and tation and Infrastructure. Ms. LEE): 3275. A letter from the Management and tation and Infrastructure. H.R. 3834. A bill to amend GEAR UP to re- Program Analyst, FAA, Department of 3283. A letter from the Management and quire that schools receiving funding under Transportation, transmitting the Depart- Program Analyst, FAA, Department of Transportation, transmitting the Depart- the program provide students with access to ment’s final rule — Airspace Designations; ment’s final rule — Establishment of Class E academic and mental health counseling serv- Incorporation by Reference Amendments Airspace; Marshall, AR [Docket No.: FAA- ices, and for other purposes; to the Com- [Docket No.: 2015-3375; Amendment No.: 71- 2015-1833; Airspace Docket No.: 15-ASW-7] re- mittee on Education and the Workforce. 47] (RIN: 2120-AA66) received October 23, 2015, ceived October 23, 2015, pursuant to 5 U.S.C. By Mr. BROOKS of Alabama: pursuant to 5 U.S.C. 801(a)(1)(A); Added by 801(a)(1)(A); Added by Public Law 104-121, H.R. 3835. A bill to increase the statutory Public Law 104-121, Sec. 251; to the Com- Sec. 251; to the Committee on Transpor- limit on the public debt by $1 trillion upon mittee on Transportation and Infrastruc- tation and Infrastructure. the adoption by Congress of a balanced budg- ture. 3284. A letter from the Management and et Constitutional amendment and by an ad- 3276. A letter from the Management and Program Analyst, FAA, Department of ditional $1 trillion upon ratification by the Program Analyst, FAA, Department of Transportation, transmitting the Depart- States of that amendment; to the Committee Transportation, transmitting the Depart- ment’s final rule — Establishment of Class E on Ways and Means. ment’s final rule — Airworthiness Direc- Airspace; Cottonwood, AZ [Docket No.: FAA- By Mr. CASTRO of Texas (for himself, tives; The Boeing Company Airplanes [Dock- 2015-2270; Airspace Docket No.: 12-AWP-11] Ms. BASS, and Mr. RANGEL): et No.: FAA-2012-0108; Directorate Identifier received October 23, 2015, pursuant to 5 H.R. 3836. A bill to require a report on di- 2011-NM-049-AD; Amendment 39-18215; AD U.S.C. 801(a)(1)(A); Added by Public Law 104- versity recruitment, employment, retention, 2015-15-06] (RIN: 2120-AA64) received October 121, Sec. 251; to the Committee on Transpor- and promotion at the Department of State, 23, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); tation and Infrastructure. and for other purposes; to the Committee on Added by Public Law 104-121, Sec. 251; to the 3285. A letter from the Management and Foreign Affairs. Committee on Transportation and Infra- Program Analyst, FAA, Department of By Mr. ELLISON (for himself and Mr. structure. Transportation, transmitting the Depart- LEWIS): 3277. A letter from the Management and ment’s final rule — Amendment of Class E H.R. 3837. A bill to strengthen the current Program Analyst, FAA, Department of Airspace; Ashland, VA [Docket No.: FAA- Transportation, transmitting the Depart- 2015-0252; Airspace Docket No.: 15-AEA-1] re- protections available under the National ment’s final rule — Amendment of Class E ceived October 23, 2015, pursuant to 5 U.S.C. Labor Relations Act by providing a private Airspace for the following Iowa towns: Audu- 801(a)(1)(A); Added by Public Law 104-121, right of action for certain violations of such bon, IA; Corning, IA; Cresco, IA; Eagle Sec. 251; to the Committee on Transpor- Act, and for other purposes; to the Com- Grove, IA, Guthrie Center, IA; Hampton, IA; tation and Infrastructure. mittee on Education and the Workforce, and Harlan, IA; Iowa Falls, IA; Knoxville, IA; 3286. A letter from the Management and in addition to the Committee on the Judici- Oelwein, IA; and Red Oak, IA [Docket No.: Program Analyst, FAA, Department of ary, for a period to be subsequently deter- FAA-2015-0368; Airspace Docket No.: 14-ACE- Transportation, transmitting the Depart- mined by the Speaker, in each case for con- 9] received October 23, 2015, pursuant to 5 ment’s final rule — Revocation of Class D sideration of such provisions as fall within U.S.C. 801(a)(1)(A); Added by Public Law 104- Airspace; Springfield, OH [Docket No.: FAA- the jurisdiction of the committee concerned. 121, Sec. 251; to the Committee on Transpor- 2014-1071; Airspace Docket No.: 14-AGL-15] re- By Mr. JEFFRIES (for himself, Ms. tation and Infrastructure. ceived October 23, 2015, pursuant to 5 U.S.C. NORTON, Mr. RANGEL, Mr. CLAY, Ms. 3278. A letter from the Management and 801(a)(1)(A); Added by Public Law 104-121, LEE, Ms. KELLY of Illinois, Mrs. Program Analyst, FAA, Department of Sec. 251; to the Committee on Transpor- BEATTY, Ms. CLARKE of New York, Transportation, transmitting the Depart- tation and Infrastructure. Ms. BASS, Ms. JACKSON LEE, Mrs. ment’s final rule — Amendment of Class E 3287. A letter from the Management and WATSON COLEMAN, Ms. FUDGE, Mr. AL Airspace; Ponce, PR [Docket No.: FAA-2014- Program Analyst, FAA, Department of GREEN of Texas, Mr. BISHOP of Geor- 0967; Airspace Docket No.: 14-ASO-19] re- Transportation, transmitting the Depart- gia, Mr. RICHMOND, Mr. PAYNE, Ms. ceived October 23, 2015, pursuant to 5 U.S.C. ment’s final rule — Amendment of Class D ADAMS, Mr. VEASEY, Mr. JOHNSON of 801(a)(1)(A); Added by Public Law 104-121, and Class E Airspace, Revocation of Class E Georgia, Mr. HASTINGS, Mr. CLEAVER, Sec. 251; to the Committee on Transpor- Airspace; Mountain Home, ID [Docket No.: Ms. EDWARDS, Ms. PLASKETT, and Mr. tation and Infrastructure. FAA-2015-1136; Airspace Docket No.: 15-ANM- RUSH): 3279. A letter from the Management and 12] received October 23, 2015, pursuant to 5 H.R. 3838. A bill to amend title 13, United Program Analyst, Department of Transpor- U.S.C. 801(a)(1)(A); Added by Public Law 104- States Code, to provide that individuals in tation, transmitting the Department’s final 121, Sec. 251; to the Committee on Transpor- prison shall, for the purposes of a decennial rule — Amendment of Class D and Class E tation and Infrastructure. census, be attributed to the last place of res- Airspace; Stockton, CA [Docket No.: FAA- f idence before incarceration; to the Com- 2015-1622; Airspace Docket No.: 15-AWP-9] re- mittee on Oversight and Government Re- ceived October 23, 2015, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON form. 801(a)(1)(A); Added by Public Law 104-121, PUBLIC BILLS AND RESOLUTIONS By Mrs. NOEM: Sec. 251; to the Committee on Transpor- Under clause 2 of rule XIII, reports of H.R. 3839. A bill to transfer administrative tation and Infrastructure. committees were delivered to the Clerk jurisdiction over certain Bureau of Land 3280. A letter from the Management and for printing and reference to the proper Management land from the Secretary of the Program Analyst, FAA, Department of Interior to the Secretary of Veterans Affairs Transportation, transmitting the Depart- calendar, as follows: for inclusion in the Black Hills National ment’s final rule — Modification to Re- Mr. BISHOP of Utah: Committee on Nat- Cemetery, and for other purposes; to the stricted Areas R-3602A & R-3602B; Manhat- ural Resources. H.R. 2212. A bill to take cer- Committee on Natural Resources, and in ad- tan, KS [Docket No.: FAA-2015-3758; Airspace tain Federal lands located in Lassen County, dition to the Committee on Veterans’ Af- Docket No.: 15-ACE-1] (RIN: 2120-AA66) re- California, into trust for the benefit of the fairs, for a period to be subsequently deter- ceived October 23, 2015, pursuant to 5 U.S.C. Susanville Indian Rancheria, and for other mined by the Speaker, in each case for con- 801(a)(1)(A); Added by Public Law 104-121, purposes; with an amendment (Rept. 114–314). sideration of such provisions as fall within Sec. 251; to the Committee on Transpor- Referred to the Committee of the Whole the jurisdiction of the committee concerned. tation and Infrastructure. House on the state of the Union. By Ms. NORTON: 3281. A letter from the Management and [October 28 (legislative day, October 27), 2015] H.R. 3840. A bill to amend title 49, United Program Analyst, FAA, Department of Mr. COLE: Committee on Rules. House States Code, with respect to prohibiting the Transportation, transmitting the Depart- Resolution 495. Resolution providing for con- use of electronic cigarettes on passenger

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flights, and for other purposes; to the Com- Article V. The Congress, whenever two H.R. 1288: Mr. GOODLATTE. mittee on Transportation and Infrastruc- thirds of both Houses shall deem it nec- H.R. 1301: Mr. KELLY of Pennsylvania. ture. essary, shall propose Amendments to this H.R. 1309: Mr. ROKITA. By Ms. ROYBAL-ALLARD (for herself, Constitution. . . H.R. 1312: Ms. TITUS. Ms. MATSUI, Mr. TAKANO, Ms. CLARK By Mr. CASTRO of Texas: H.R. 1343: Ms. ROYBAL-ALLARD and Mr. of Massachusetts, Ms. EDWARDS, Mr. H.R. 3836. CULBERSON. RICHMOND, and Ms. BORDALLO): Congress has the power to enact this legis- H.R. 1427: Mr. KELLY of Pennsylvania. H.R. 3841. A bill to promote the economic lation pursuant to the following: H.R. 1439: Mr. JEFFRIES and Mrs. BEATTY. security and safety of survivors of domestic Constitutional Authority—Necessary and H.R. 1441: Mr. SWALWELL of California. violence, dating violence, sexual assault, or Proper Clause (Art. I, Sec. 8, Clause 18) H.R. 1453: Mr. TOM PRICE of Georgia. stalking, and for other purposes; to the Com- THE U.S. CONSTITUTION ARTICLE I, H.R. 1550: Mr. FINCHER. mittee on Education and the Workforce, and SECTION 8: POWERS OF CONGRESS H.R. 1567: Mr. MCCAUL, Mr. SERRANO, Mr. in addition to the Committees on Financial CLAUSE 18 HONDA, Ms. KAPTUR, and Ms. ROYBAL- Services, Ways and Means, and the Judici- The Congress shall have power . . .To ALLARD. H.R. 1604: Mr. HUELSKAMP. ary, for a period to be subsequently deter- make all laws which shall be necessary and H.R. 1625: Mr. BEYER and Mr. SWALWELL of mined by the Speaker, in each case for con- proper for carrying into execution the fore- California. sideration of such provisions as fall within going powers, and all other powers vested by H.R. 1671: Mrs. WAGNER. the jurisdiction of the committee concerned. this Constitution in the government of the H.R. 1728: Ms. KUSTER and Ms. CLARK of By Mr. CHAFFETZ (for himself, Mr. United States, or in any department or offi- Massachusetts. DESANTIS, Mr. GOSAR, Mr. cer thereof. H.R. 1745: Mr. BLUMENAUER. DESJARLAIS, Mr. FARENTHOLD, Mr. By Mr. ELLISON: H.R. 1751: Ms. MOORE. WALBERG, Mr. JODY B. HICE of Geor- H.R. 3837. H.R. 1763: Mr. NOLAN, Mr. PETERS, Mr. gia, Mr. PALMER, Mr. WALKER, Mr. Congress has the power to enact this legis- DANNY K. DAVIS of Illinois, Ms. FUDGE, and MULVANEY, Mr. JORDAN, Mr. RUS- lation pursuant to the following: Mr. FRANKS of Arizona. SELL, Mr. CARTER of Georgia, Mr. Article I Section 8 Clause 18 of the U.S. H.R. 1769: Mr. HANNA. GROTHMAN, Mrs. LUMMIS, Mr. HURD of Constitution. H.R. 1779: Ms. BASS. Texas, Mr. AMASH, Mr. TURNER, and By Mr. JEFFRIES: H.R. 1786: Mr. ROTHFUS, Ms. KELLY of Illi- Mr. MASSIE): H.R. 3838. nois, Mr. CUMMINGS, Ms. ROYBAL-ALLARD, H. Res. 494. A resolution impeaching John Congress has the power to enact this legis- Mrs. BEATTY, Ms. MAXINE WATERS of Cali- Andrew Koskinen, Commissioner of the In- lation pursuant to the following: fornia, Mr. RYAN of Ohio, Mrs. DAVIS of Cali- ternal Revenue Service, for high crimes and Article 1, Section 8, Clause 18 of the United fornia, Mr. CASTRO of Texas, Ms. LINDA T. misdemeanors; to the Committee on the Ju- States Constitution SA´ NCHEZ of California, and Mr. CLYBURN. diciary. By Mrs. NOEM: H.R. 1853: Mr. DONOVAN, Mr. BISHOP of By Mr. MICHAEL F. DOYLE of Penn- H.R. 3839. Georgia, Ms. KAPTUR, Ms. TITUS, Mr. sylvania: Congress has the power to enact this legis- FLEISCHMANN, Mr. JOHNSON of Georgia, Mr. H. Res. 496. A resolution recognizing the lation pursuant to the following: MEEKS, Mr. CRENSHAW, Mr. AL GREEN of 50th anniversary of the Department of Com- Article 4, Section 3, Clause 2, relating to Texas, Ms. MENG, Mr. ISRAEL, Mr. DAVID puter Science at Carnegie Mellon University; the power of Congress to dispose of and make SCOTT of Georgia, Mr. KELLY of Pennsyl- to the Committee on Education and the all needful rules and regulations respecting vania, Mr. WALKER, Mr. BRADY of Pennsyl- Workforce. the territory or other property belonging to vania, Mr. JONES, Ms. EDDIE BERNICE JOHN- By Mr. GROTHMAN: the United States. SON of Texas, Mr. CRAWFORD, Mr. CLAY, Mr. H. Res. 497. A resolution congratulating By Ms. NORTON: CURBELO of Florida, Mr. LAMALFA, and Mrs. Army Reserve Major Lisa Jaster on her grad- H.R. 3840. WAGNER. uation from the Army Ranger School; to the Congress has the power to enact this legis- H.R. 1984: Mr. PERLMUTTER and Ms. Committee on Armed Services. lation pursuant to the following: MICHELLE LUJAN GRISHAM of New Mexico. By Mr. MURPHY of Pennsylvania (for clause 3 of section 8 of article I of the Con- H.R. 2065: Miss RICE of New York, Ms. KAP- himself and Mrs. DINGELL): stitution. TUR, Mr. KILDEE, Mr. STIVERS, Ms. STEFANIK, H. Res. 498. A resolution expressing support By Ms. ROYBAL-ALLARD: and Mr. RYAN of Ohio. for designation of October 2015 as ‘‘National H.R. 3841. H.R. 2224: Mr. NOLAN, Ms. SLAUGHTER, and Breast Cancer Awareness Month’’; to the Congress has the power to enact this legis- Mr. HONDA. Committee on Energy and Commerce. lation pursuant to the following: H.R. 2355: Ms. SCHAKOWSKY. By Mr. PIERLUISI (for himself, Ms. Article I, Section 8, Clause 18 H.R. 2400: Mr. DENT and Ms. ROS-LEHTINEN. NORTON, and Ms. BORDALLO): H.R. 2643: Mr. KILDEE. H. Res. 499. A resolution amending the f H.R. 2646: Ms. ROS-LEHTINEN, Mr. YOUNG of Rules of the House of Representatives to Iowa, and Mr. MEEHAN. allow Delegates and the Resident Commis- ADDITIONAL SPONSORS H.R. 2692: Mr. NOLAN. sioner to file, sign, and call up discharge pe- Under clause 7 of rule XII, sponsors H.R. 2710: Mr. MESSER and Mr. BARLETTA. titions; to the Committee on Rules. were added to public bills and resolu- H.R. 2759: Mr. KATKO. f tions, as follows: H.R. 2764: Mr. CICILLINE and Mr. HASTINGS. H.R. 2798: Mr. DESAULNIER. H.R. 20: Mr. KILDEE. CONSTITUTIONAL AUTHORITY H.R. 2813: Mr. CONYERS and Mr. DEUTCH. H.R. 67: Mr. TED LIEU of California. STATEMENT H.R. 2880: Mr. POLLS. H.R. 415: Mr. BLUMENAUER and Ms. MENG. Pursuant to clause 7 of rule XII of H.R. 2894: Ms. TITUS. H.R. 452: Ms. MOORE. H.R. 2902: Mr. DEFAZIO, Mr. LARSEN of the Rules of the House of Representa- H.R. 540: Mr. TAKANO. tives, the following statements are sub- Washington, Ms. WILSON of Florida, Ms. H.R. 563: Mrs. BUSTOS. ESTY, Mr. COURTNEY, Mr. GALLEGO, Mr. HECK mitted regarding the specific powers H.R. 592: Mr. CICILLINE, Mrs. DINGELL, and of Washington, Mr. KEATING, Ms. LEE, Mr. granted to Congress in the Constitu- Mrs. WATSON COLEMAN. of New York, Mr. tion to enact the accompanying bill or H.R. 602: Mr. CURBELO of Florida. DELANEY, Mr. CROWLEY, Ms. BROWN of Flor- joint resolution. H.R. 663: Ms. PINGREE. ida, Mr. DAVID SCOTT of Georgia, Mr. RYAN of H.R. 740: Mr. ASHFORD. By Mrs. LAWRENCE: Ohio, Mr. HASTINGS, Ms. MOORE, Mr. ENGEL, H.R. 769: Mr. DUNCAN of Tennessee. H.R. 3834. Ms. CASTOR of Florida, Mr. GARAMENDI, Mr. H.R. 836: Mr. NUNES and Mr. WOODALL. Congress has the power to enact this legis- MCGOVERN, Ms. VELA´ ZQUEZ, Mr. HUFFMAN, H.R. 845: Mr. CA´ RDENAS. lation pursuant to the following: Mr. RANGEL, Ms. SPIER, Mr. SERRANO, Mr. Article I, Section 8, Clause 1 H.R. 870: Ms. BASS. SARBANES, Ms. FRANKEL of Florida, Mr. RUP- The Congress shall have Power to lay and H.R. 953: Mr. SMITH of Texas, Mr. JEFFRIES, PERSBERGER, Mr. WELCH, Ms. SLAUGHTER, collect Taxes, Duties, Imposts and Excises, and Mr. O’ROURKE. Mrs. BUSTOS, Mr. FARR, Mr. QUIGLEY, Ms. to pay the Debts and provide for the common H.R. 1027: Ms. DELAURO. KUSTER, and Ms. ROYBAL-ALLARD. Defence and general Welfare of the United H.R. 1145: Mr. GUINTA and Mr. TONKO. H.R. 2903: Mr. KINZINGER of Illinois. States; but all Duties, Imposts and Excises H.R. 1197: Mr. MARCHANT, Mr. DUNCAN of H.R. 2939: Mr. BLUMENAUER and Mr. shall be uniform throughout the United Tennessee, and Mr. POMPEO. DEUTCH. States. H.R. 1209: Mr. MACARTHUR. H.R. 3032: Mr. KILDEE. By Mr. BROOKS of Alabama: H.R. 1220: Mr. NORCROSS, Mr. SALMON, Mr. H.R. 3046: Mr. VARGAS. H.R. 3835. LUCAS, and Mr. MULLIN. H.R. 3055: Mr. CRAWFORD. Congress has the power to enact this legis- H.R. 1221: Mr. RUPPERSBERGER. H.R. 3067: Mr. HASTINGS. lation pursuant to the following: H.R. 1247: Mr. KIND. H.R. 3071: Ms. MENG. Article I, Section 8. The Congress shall H.R. 1258: Mrs. KIRKPATRICK and Mr. H.R. 3110: Mr. JOLLY. have Power. . . to pay debts. . . HANNA. H.R. 3119: Mr. ROSS and Ms. JACKSON LEE.

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H.R. 3126: Mr. DUNCAN of South Carolina. H.R. 3546: Mr. SMITH of New Jersey, Ms. H.R. 3801: Mr. BEYER and Mr. HONDA. H.R. 3159: Mr. YOUNG of Iowa. CASTOR of Florida, Mr. PETERS, Ms. PINGREE, H.R. 3802: Mr. BARR. H.R. 3238: Mr. CRAMER. and Ms. MCSALLY. H.R. 3807: Mr. ELLISON, Mr. LARSEN of H.R. 3250: Mr. BURGESS and Mr. GUTHRIE. H.R. 3582: Mr. LOEBSACK. Washington, Mr. BRADY of Texas, and Mr. H.R. 3257: Mr. HUFFMAN. H.R. 3680: Mr. BUCSHON. CONNOLLY. H.R. 3686: Mr. LATTA. H.R. 3279: Mr. POE of Texas and Mr. TROTT. H.R. 3818: Mr. BENISHEK. H.R. 3687: Mr. AUSTIN SCOTT of Georgia, H.R. 3309: Mr. RUSSELL. H.R. 3830: Mr. SERRANO, Mr. MEEKS, Mr. Mr. PETERSON, Mr. RODNEY DAVIS of Illinois, H.R. 3312: Mr. MACARTHUR. RANGEL, Mr. ELLISON, Mr. FARR, Mr. HINO- Mr. WOODALL, and Mrs. BUSTOS. H.R. 3314: Mrs. LUMMIS, Mr. YOHO, Mr. LAB- JOSA, Mrs. NAPOLITANO, Mr. NADLER, Mr. H.R. 3696: Mr. PETERSON, Mr. SABLAN, Mr. RADOR, and Mr. ABRAHAM. CROWLEY, Mr. HONDA, and Ms. CLARKE of New O’ROURKE, Mr. GARAMENDI, Ms. LINDA T. H.R. 3323: Mr. OLSON. York. SA´ NCHEZ of California, Mr. GUTIE´ RREZ, Ms. H.R. 3339: Mr. POLIQUIN. H.R. 3831: Ms. SINEMA. KUSTER, and Mr. AGUILAR. H.R. 3351: Mr. WELCH, Mr. COHEN, and Mrs. H.R. 3700: Mr. PEARCE. H. J. Res. 14: Mr. POMPEO and Mr. MASSIE. WATSON COLEMAN. H.R. 3706: Mr. JOLLY. H. Con. Res. 40: Mr. BECERRA and Mr. VAN H.R. 3355: Mr. BURGESS. H.R. 3727: Mr. POCAN. HOLLEN. H.R. 3364: Mr. PETERS and Mr. LOWENTHAL. H.R. 3743: Mr. OLSON. H. Con. Res. 65: Ms. DUCKWORTH. H.R. 3381: Mr. CONNOLLY, Mr. DESAULNIER, H.R. 3745: Mr. BRIDENSTINE. H. Res. 14: Mr. ROHRABACHER. Ms. ROYBAL-ALLARD, and Mr. CARSON of Indi- H.R. 3776: Mr. RIBBLE and Mr. DUNCAN of H. Res. 112: Mr. DESJARLAIS. ana. South Carolina. H. Res. 354: Mr. MACARTHUR, Mrs. WATSON H.R. 3406: Mr. THOMPSON of Mississippi. H.R. 3780: Mr. BENISHEK. COLEMAN, and Mr. DUNCAN of South Carolina. H.R. 3411: Mrs. WATSON COLEMAN. H.R. 3785: Ms. LOFGREN, Mr. HOYER, Ms. H. Res. 396: Mr. DEFAZIO. H.R. 3427: Mr. SERRANO, Mr. GUTIE´ RREZ, DELBENE, Mr. MURPHY of Florida, Mr. H. Res. 416: Ms. DELBENE, Mrs. BLACKBURN, Mr. JEFFRIES, Mr. MCGOVERN, Mr. TAKANO, TONKO, Mr. BECERRA, Mr. LEWIS, Mr. KEN- and Mr. BISHOP of Georgia. and Mr. VAN HOLLEN. NEDY, Mr. DOGGETT, Ms. WILSON of Florida, H.R. 3459: Mr. HANNA, Mrs. BLACK, and Mrs. Mr. TED LIEU of California, and Ms. ESTY. H. Res. 428: Mr. CARTWRIGHT. ROBY. H.R. 3793: Mr. PETERS and Mr. SWALWELL of H. Res. 432: Mr. COFFMAN. H.R. 3471: Mr. LUETKEMEYER. California. H. Res. 451: Mr. JOYCE, Mrs. BLACKBURN, H.R. 3488: Mr. TIPTON. H.R. 3799: Mr. DUNCAN of South Carolina, and Mr. OLSON. H.R. 3520: Mr. OLSON. Mr. ABRAHAM, Mr. SCHWEIKERT, and Mr. H. Res. 485: Mr. KLINE and Mr. HUDSON. H.R. 3532: Mr. GARAMENDI. BUCK. H. Res. 492: Mr. COSTA.

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Vol. 161 WASHINGTON, TUESDAY, OCTOBER 27, 2015 No. 158 Senate The Senate met at 10 a.m. and was portunity to review it. I hope they will coal families in States such as Ken- called to order by the President pro take that opportunity. I will certainly tucky to put food on the table. In other tempore (Mr. HATCH). have more to say on the matter later. words, it is facts-optional extremism f But for now, I encourage all our col- wrapped in callous indifference. Sen- leagues to examine the agreement. ators from both parties are saying: PRAYER On the legislation before the Senate Enough is enough. The Chaplain, Dr. Barry C. Black, of- today, the challenges posed by cyber We filed bipartisan measures that fered the following prayer: attacks are real and they are growing. would allow Congress to overturn these Let us pray. They don’t just threaten governments two-pronged regressive regulations. I Sovereign Lord, we have heard of and businesses; they threaten individ- joined Senator HEITKAMP and Senator Your greatness from generation to gen- uals as well. Everyone understands CAPITO on a measure that would ad- eration. You sit enthroned in majesty, that a cyber attack can be a deeply dress the prong that pertains to the ex- for Your glory covers all the Earth. invasive attack on personal privacy. isting energy sources. Senator Today, bless and sustain our law- Everyone understands that a cyber at- MANCHIN joined me as I introduced a makers and their staffs. May their tack can be financially crippling. That measure that would address the prong words and deeds honor You. Lord, guide is why everyone should want to see the that pertains to new energy sources. them in righteous paths that will keep bipartisan cyber security bill before us Together these measures represent a America strong. Equip them to conduct pass today. comprehensive solution. Colleagues the work of freedom with justice and Its voluntary information sharing will join me to speak about these reso- humility. Give them contentment that provisions are key to defeating cyber lutions later today. I am sure they will comes from knowing and serving You. attacks and protecting the personal in- say more about the measures we filed Guide America, making it a light- formation of the people we represent. and the process associated with them. house for a dark and turbulent world. We also know the bill contains meas- But what everyone should know is Lord, thank You for being our strength ures to protect civil liberties and indi- this: The publication of these regula- and shield. vidual privacy. tions does not represent an end but a We pray in Your great Name. Amen. It is no wonder the Senate voted to beginning. It is the beginning of a new f advance it by a large bipartisan vote of front to defend hard-working middle- 83 to 14 last week. I want to thank class Americans from massive, massive PLEDGE OF ALLEGIANCE Chairman BURR and Vice Chairman regulations that target them. That The President pro tempore led the FEINSTEIN of the Intelligence Com- front is opening here in Congress, and Pledge of Allegiance, as follows: mittee for their continued hard work it is opening across the country as I pledge allegiance to the Flag of the on this legislation. We will consider a States file lawsuits and Governors United States of America, and to the Repub- number of amendments from both sides stand up for their own middle-class lic for which it stands, one nation under God, of the aisle today. Then we will proceed constituents. The battle may not be indivisible, with liberty and justice for all. to a final vote on the underlying bill. I short, and the battle may not be easy, f urge every colleague to join me in vot- but Kentuckians and hard-working ing to protect the personal data, pri- Americans should know that I am RECOGNITION OF THE MAJORITY vacy, and property of the American going to keep standing up for them LEADER people. throughout this effort. The PRESIDING OFFICER (Mr. COT- f f TON). The majority leader is recog- nized. ENERGY REGULATIONS RECOGNITION OF THE MINORITY LEADER f Mr. MCCONNELL. Mr. President, on one final matter, the Obama adminis- The PRESIDING OFFICER. The FISCAL AGREEMENT AND CYBER- tration recently published massive en- Democratic leader is recognized. SECURITY INFORMATION SHAR- ergy regulations that will not do a f ING BILL thing to meaningfully affect global Mr. MCCONNELL. Mr. President, as carbon levels. It will not make a no- BUDGET AGREEMENT colleagues have no doubt already ticeable difference to the global envi- Mr. REID. Mr. President, Democrats noted, a fiscal agreement has been filed ronment. But it will ship more middle- have long called for bipartisan action that addresses a number of important class jobs overseas. It will punish the to stop these devastating sequester issues. Members currently have the op- poor. It will make it even harder for cuts because they hurt our middle class

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

S7497

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VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.000 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7498 CONGRESSIONAL RECORD — SENATE October 27, 2015 and our military. With this agreement frightening then, and it is even more Department of Homeland Security commu- the Republican leader just mentioned, frightening now. But as Mr. Fugate in- nication between a private entity and the we have done just that. Democrats and dicated, that is the scale of threat the Federal Bureau of Investigation or the United States Secret Service regarding cy- Republicans have come to a responsible United States faces with cyber ter- bersecurity threats. agreement that puts the needs of our rorism. Feinstein (for Coons) modified amendment Nation above the Republicans’ partisan We as a country must do more to pro- No. 2552 (to amendment No. 2716), to modify agenda. While this agreement is not tect ourselves against this cyber ter- section 5 to require DHS to review all cyber perfect, it does address both invest- rorism. It can be done if Republicans threat indicators and countermeasures in ment in domestic priorities that ben- will work with us. Democrats tried to order to remove certain personal informa- tion. efit the middle class and defense spend- pass comprehensive cyber security leg- Burr (for Flake/Franken) amendment No. ing. It helps us avoid a major threat to islation years ago. What happened? It 2582 (to amendment No. 2716), to terminate jobs and the general economy. The was filibustered by the Republicans. the provisions of the Act after ten years. time to do away with the devastating They wouldn’t even let us on this legis- Feinstein (for Franken) further modified sequester cuts that are harming our lation. They wouldn’t even allow us to amendment No. 2612 (to amendment No. middle class and military is not in the debate the bill. Whatever their rea- 2716), to improve the definitions of cyberse- curity threat and cyber threat indicator. future. It is right now. Democrats hope soning, I am glad the Republicans have Burr (for Heller) modified amendment No. to end sequestration for the good of our finally changed course in this decision 2548 (to amendment No. 2716), to protect in- great country. and allowed this simple bill to move formation that is reasonably believed to be Our work is not done. I hope that we forward. We support this legislative ef- personal information or information that can continue to work together—Demo- fort, but we recognize that it is far, far identifies a specific person. Feinstein (for Leahy) modified amendment crats and Republicans—to pass this too weak. No. 2587 (to amendment No. 2716), to strike legislation and place the priorities of Cyber terrorism and cyber attacks the FOIA exemption. the American people ahead of partisan are part of today’s world. But Repub- Feinstein (for Mikulski/Cardin) amend- politics. licans are denying the seriousness of ment No. 2557 (to amendment No. 2716), to provide amounts necessary for accelerated f this, as they are denying something clear to everyone in the world except cybersecurity in response to data breaches. CYBER SECURITY LEGISLATION Feinstein (for Whitehouse/Graham) modi- my Republican Senate and House Mem- AND CLIMATE CHANGE fied amendment No. 2626 (to amendment No. bers. We have climate change taking 2716), to amend title 18, United States Code, Mr. REID. Mr. President, it was 3 place that is really hurting everybody, to protect Americans from cybercrime. years ago this month that then-Sec- with rare, rare exception. Cyber ter- Feinstein (for Wyden) modified amendment retary of Defense warned rorism and cyber attacks are part of No. 2621 (to amendment No. 2716), to improve the United States of a potential ‘‘cyber today’s world, just like climate change. the requirements relating to removal of per- Pearl Harbor.’’ A cyber Pearl Harbor sonal information from cyber threat indica- To not move forward with more com- tors before sharing. would be crippling, and it would be a prehensive cyber security legislation The PRESIDING OFFICER. Under cyber attack on our Nation’s banks, and to ignore what is happening in our power grid, government, and commu- the previous order, the time until 11 world dealing with climate change will a.m. will be equally divided between nications network. in the years to come be considered leg- the two leaders or their designees. If it sounds scary, that is because it islative malpractice. I am sorry to say The assistant Democratic leader. is scary. Cyber terrorists could poten- that legislative malpractice is not on Mr. DURBIN. Mr. President, the de- tially bring the United States to its our shoulders. We wanted for years to bate which we will engage in today on knees. This potentiality is upon us. A do something with climate change. We the floor of the Senate is really one catastrophic cyber attack is not far- can’t. It is not even something that the that parallels the historic debates that fetched. Ted Koppel, the renowned Republicans will allow us to discuss. have occurred in the course of our Na- journalist, has written another book, We wanted for years to do something tion’s history. When a great democracy and the author reveals that our Na- with cyber security. They refused to do sets out to defend its citizens and to tion’s power grid is extremely vulner- so. We have a bill before us that is bet- engage in security, it really is with a able to cyber terrorism. Imagine the ter than nothing, and we support it. challenge: Can we keep our Nation safe toll of these attacks: massive power But it is far, far too weak. and still protect our rights and lib- blackouts, no telephone, no Internet Mr. President, I see the assistant erties? That question has been raised, capability—that is on your cell phones Democratic leader on the floor. Would and that challenge has been raised or whatever phones exist—over- the Chair announce before he talks to time and again. whelmed first responders and an infra- us what we are going to do here today. It was President during the Civil War who suspended the structure system reduced to chaos. f How vulnerable is our Nation to a right of habeas corpus. It was chal- cyber attack of this magnitude? RESERVATION OF LEADER TIME lenged by some as an overextension by Former Secretary of Homeland Secu- The PRESIDING OFFICER. Under the executive branch, but President rity Janet Napolitano, in the book that the previous order, the leadership time Lincoln thought it was necessary to re- was written, as I indicated, by Ted is reserved. solve the Civil War in favor of the Union. In World War I, the passage of Koppel, stated that the likelihood of an f attack on our Nation’s power grid is 80 the Alien and Sedition Acts raised to 90 percent—80 percent to 90 percent. CYBERSECURITY INFORMATION questions about the loyalty of Ameri- Craig Fugate, the Administrator of SHARING ACT OF 2015 cans who question many of the great the Federal Emergency Management The PRESIDING OFFICER. Under issues that were being raised during Agency, has had to think about a po- the previous order, the Senate will re- that war. We certainly all remember tential cyber attack. It is his job. Lis- sume consideration of S. 754, which the what happened during World War II ten to his assessment: clerk will report. when, even under President Franklin We’re not a country that can go without The senior assistant legislative clerk Roosevelt, thousands of Japanese power for a long period of time without loss read as follows: Americans were interned because of of life. Our systems, from water treatment to A bill (S. 754) to improve cybersecurity in our concerns about safety and security hospitals to traffic control to all these the United States through enhanced sharing in the United States. It continued in things that we expect every day, our ability of information about cybersecurity threats, the Cold War with the McCarthy hear- to operate without electricity is minimal. and for other purposes. ings and accusations that certain mem- A number of years ago we had, at the Pending: bers of the State Department and other direction of Senator MIKULSKI—a long- Burr/Feinstein amendment No. 2716, in the officials were, in fact, Communist sym- time member of the Intelligence Com- nature of a substitute. pathizers. That history goes on and on. mittee—a meeting where such an at- Burr (for Cotton) modified amendment No. So whenever we engage in a question tack was discussed and the implica- 2581 (to amendment No. 2716), to exempt of the security and safety for our Na- tions of it. That was years ago. It was from the capability and process within the tion, we are always going to be faced

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.001 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7499 with that challenge. Are we going too cyber threat indicators. Narrowing this to bring cyber security legislation to far? Are we giving too much authority definition from information that the Senate floor and find the will to to the government? Are we sacrificing ‘‘may’’ be a threat to information that pass it. With the work of the vice our individual rights and liberty and is ‘‘reasonably likely’’ to pose a threat chairman, I think we have been able to privacy far more than we should to would reduce the amount of potentially succeed in that. We enjoyed a 14-to-1 keep this Nation safe? That, in fact, is personal information shared under the vote out of the committee, showing the debate we have today on the most bill. tremendous bipartisan support. Thou- sophisticated new form of warfare— I also urge my colleagues to support sands of businesses and almost 100 or- cyber war. the Wyden amendment to strengthen ganizations around the country are Cyber security is an enormous con- the requirement that private compa- supportive of the bill. But, more impor- cern not just for private companies but nies remove sensitive personal infor- tantly, in the last several days the bill for every American. Data breaches hap- mation before sharing cyber threat in- has gained the support of the Wall pen almost every day. We read not that dicators. Again, this amendment would Street Journal and the Washington long ago that 21 million current and limit the amount of potentially per- Post—not necessarily publications that former Federal employees had their sonal information shared under the chime in on the need for certain pieces records breached and stolen from the bill. of legislation from the Senate floor, Office of Personnel Management. Just I support the Coons amendment to but in this particular case, two publi- this month more than 700,000 T-Mobile give the Department of Homeland Se- cations understand the importance of users in my home State may have had curity time to remove or scrub per- cyber security legislation getting their information compromised by sonal information from the informa- signed into law. hackers. It seems there isn’t a month tion it shares with other Federal agen- This is the first step, and confer- that goes by where we don’t hear of an- cies. There is simply no need for per- encing with the House will come short- other security breach. That is why we sonal information unrelated to a threat ly after. I am proud to say that we al- need to take steps to improve data se- to be shared with law enforcement ready have legislation the White House curity and share cyber threat informa- agencies such as the Department of says they support. So I think we are in tion. Justice and NSA. the final stretches of actually getting Chairman BURR and Ranking Member These amendments would strengthen legislation into law that would volun- FEINSTEIN worked long and hard to put privacy protections in the bill much tarily allow companies to partner with together a bill to encourage private more than the original managers’ the Federal Government when their and governmental entities to share po- package. I look forward to working systems have been breached, when per- tential threat information. This bill with Senators BURR and FEINSTEIN and sonal data is at risk. has evolved over 5 years. No one has others to ensure that the final bill ad- I still say today to those folks both worked harder during that period of dresses our cyber security concerns in this institution and outside of this time than my colleague, Senator FEIN- while still protecting privacy—some- institution who are concerned with pri- STEIN of California. Senator BURR is thing I know we all want to do. vacy that I think the vice chairman now joining her in this effort. Mr. President, I yield the floor. and I have bent over backward to ac- Many are skeptical about the bill be- Mrs. FEINSTEIN. Mr. President, I commodate concerns. Some concerns fore us. Some have raised those con- suggest the absence of a quorum. still exist. We don’t believe they are cerns on the floor. But we look at the The PRESIDING OFFICER. The necessarily accurate and that only by major companies that are opposing this clerk will call the roll. utilizing this system will, in fact, we bill as currently written—Apple, IBM, The senior assistant legislative clerk understand whether we have been defi- Microsoft, Google, Facebook, and Ama- proceeded to call the roll. cient anywhere. zon—just a few of the major companies Mrs. FEINSTEIN. Mr. President, I There are also several companies that have said they can’t support the ask unanimous consent that the order that are not supportive of this bill, as bill that is on the floor today. They for the quorum call be rescinded. is their right. I will say this: From the note that the bill does not require com- The PRESIDING OFFICER. Without beginning, we committed to make this panies or the Federal Government to objection, it is so ordered. bill voluntary, meaning that any com- protect private information, including Mrs. FEINSTEIN. Mr. President, I pany in America, if its systems are personal emails, email addresses, and ask unanimous consent that the time breached, could choose voluntarily to more. In fact, this bill preempts all be charged equally on both sides. create the partnership with the Federal laws that would prevent a company or The PRESIDING OFFICER. Is there Government. Nobody is mandated to do agency from sharing personal informa- objection? it. So I speak specifically to those com- tion. Without objection, it is so ordered. panies right now: You might not like I am encouraged that the managers Mrs. FEINSTEIN. I suggest the ab- the legislation, but for goodness’ sakes, of this bill have moved in the direction sence of a quorum. do not deprive every other business in of addressing this concern. They have The PRESIDING OFFICER. The America from having the opportunity limited the authorization to share clerk will call the roll. to have this partnership. Do not de- cyber threat information to ‘‘cyber se- The senior assistant legislative clerk prive the other companies in this coun- curity purposes’’—a valuable step to- proceeded to call the roll. try from trying to minimize the ward making sure the bill is not used Mr. BURR. Mr. President, I ask unan- amount of personal data that is lost be- as surveillance. They have included a imous consent that the order for the cause there has been a cyber attack. provision requiring government proce- quorum call be rescinded. Do not try to stop this legislation and dures to notify Americans if their in- The PRESIDING OFFICER. Without put us in a situation where we ignore formation is shared mistakenly by the objection, it is so ordered. the fact that cyber attacks are going government. They have clarified that Mr. BURR. Mr. President, shortly we to happen with greater frequency from the authorization to employ defensive will once again begin the process on more individuals and that the sooner measures—or defensive ‘‘hacking’’— the cyber security bill. We will start we learn how to defend our systems, does not allow an entity to gain unau- votes hopefully right at 11 o’clock. We the better off personal data will be in thorized access to another’s computer will try to work through five amend- the United States of America. network. ments this morning and return this This is a huge deal. The vice chair- There will be some amendments be- afternoon with a short period of de- man and I from day one have said to fore us today that I will support which bate, and once again, at 4 o’clock, we our Members that we will entertain I think strengthen the privacy protec- will take up five additional votes—or any good ideas that we think strength- tions that should be included in this possibly four—and be at the point en the bill. On both sides of the aisle, bill. where we could conclude this legisla- we have said to Members that if this I am a cosponsor of the Franken tion. breaks the agreement that we have for amendment to improve the definitions Let me say to my colleagues that the the support we need, because they of ‘‘cyber security threat’’ and other Senate has tried for several years now don’t believe the policy is right, then

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.006 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7500 CONGRESSIONAL RECORD — SENATE October 27, 2015 we will lock arms and we will vote bill is at least a first step for Congress after with each other, and with the government, against amendments. several years of inconclusive debate over to better fight an escalating and constantly We have about eight amendments how to respond to attacks that have infil- evolving cyber threat. This shared data today. On a majority of those, we will trated networks ranging from those of Home might be the footprint of hackers that the Depot to the Joint Chiefs of Staff. government has seen but private companies do that. I am proud to tell my col- The biggest complaint about the bill is haven’t. Or it might include more advanced leagues that during the overnight and from privacy advocates, including Sen. Ron technology that private companies have de- this morning—we will announce today Wyden (D–Ore.), who cast the sole dissenting veloped as a defense. that we have taken care of the Flake vote on the intelligence committee. His con- Since hackers can strike fast, real-time co- amendment with a modification. We cerns have been amplified recently by sev- operation is essential. A crucial provision are changing the sunset on the legisla- eral tech giants. Apple told The Post this would shield companies from private law- week that it opposes the legislation because tion to 10 years, and we will accept the suits and antitrust laws if they seek help or of privacy concerns. In a statement, the cooperate with one another. Democrats had Flake amendment on a voice vote later company said, ‘‘The trust of our customers long resisted this legal safe harbor at the be- this morning. We continue even over means everything to us and we don’t believe hest of plaintiffs lawyers who view corporate these last hours to try to modify legis- security should come at the expense of their victims of cyber attack as another source of lation that can be agreed to on both privacy.’’ Some other large technology firms plunder. sides of the aisle but, more impor- are also opposing the bill through a trade as- The plaintiffs bar aside, the bill’s main op- tantly, without changing the delicate sociation. Separately, alarmist claims have ponents now are big tech companies that are been made by privacy advocates who de- still traumatized by the fallout from the Ed- balance we have tried to legislate into scribe it as a ‘‘surveillance’’ bill. this legislation. ward Snowden data theft. Apple, Dropbox The notion that there is a binary choice and , among others, say the bill I am sure Members will come down between privacy and security is false. We doesn’t do enough to protect individual pri- over the next 35 minutes, but at this need both privacy protection and cybersecu- vacy and might even allow government time I will yield the floor so the vice rity, and the Senate legislation is one step snooping. chairman can seek time. toward breaking the logjam on security. Everyone knows government makes mis- The PRESIDING OFFICER. The Sen- Sponsors have added privacy protections takes, but the far larger threat to privacy is that would scrub out personal information from criminal or foreign-government hack- ator from California. before it is shared. They have made the legis- Mrs. FEINSTEIN. Thank you, Mr. ers who aren’t burdened by U.S. due-process lation voluntary, so if companies are really protections. Cooperation is voluntary, and President. concerned, they can stay away. Abroad coali- the bill includes penalties if government I wish to begin by thanking the tion of business groups, including the U.S. misuses the information. Before either side chairman for his work on the bill. Chamber of Commerce, has backed the legis- can share data, personal information that For me, this has been a 6-year effort. lation, saying that cybertheft and disruption might jeopardize customer privacy must be It hasn’t been easy. It hasn’t been easy are ‘‘advancing in scope and complexity.’’ scrubbed. The status quo is intolerable: Adversaries The tech giants are the outliers in this de- because we have tried to strike a bal- of the United States are invading computer ance and make the bill understandable bate, while nearly all of the rest of American networks and hauling away sensitive infor- business supports the bill. The White House so that there would be a cooperative ef- mation and intellectual property by the has said Mr. Obama will sign the legislation, fort to share between companies and gigabyte. A much stronger response is called which would make it a rare example of bipar- the government. for in all directions, both to defend U.S. net- tisan cooperation. The security-privacy de- Last Thursday the Senate showed its works and to punish those, such as China, bate is often portrayed as a zero-sum trade- support for moving forward with two doing the stealing and spying. This legisla- off, but this bill looks like a win for both: strong votes. We had a vote of 83 to 14 tion is a needed defensive step from a Con- Helping companies better protect their data gress that has so far not acted on a vital na- from cyber thieves will enhance American to invoke cloture on the substitute tional concern. amendment, showing that there is, in privacy. fact, deep bipartisan support for mov- [From , Oct. 26, 2015] Mrs. FEINSTEIN. The first is from ing significant legislation to the Presi- A CYBER DEFENSE BILL, AT LAST dated October 22, dent’s desk. DATA SHARING CAN IMPROVE SECURITY AND entitled ‘‘The Senate should take a To that end, I ask unanimous consent CONSUMER PRIVACY crucial first step on cybersecurity.’’ that editorials from the two major U.S. By now everyone knows the threat from The second is in today’s Wall Street newspapers be printed in the RECORD. cyber attacks on American individuals and Journal, and it is entitled ‘‘A Cyber There being no objection, the mate- business, and Congress finally seems poised Defense Bill, At Last: Data sharing can rial was ordered to be printed in the to do something about it. As early as Tues- improve security and consumer pri- day the Senate may vote on a bill that would RECORD, as follows: vacy.’’ let businesses and the government cooperate I also note the endorsement from [From the Washington Post, Oct. 22, 2015] to shore up U.S. cyber defenses. This should have been done long ago, but Secretary Jeh Johnson on October 22. THE SENATE SHOULD TAKE A CRUCIAL FIRST I have been privileged to work with STEP ON CYBERSECURITY Democrats blocked a bipartisan bill while they controlled the Senate and President our chairman. We have really tried to (By Editorial Board) Obama insisted on imposing costly new produce a balanced bill. We have tried After years of failure to find a consensus cyber-security mandates on business. The to make it understandable to private on cybersecurity, the Senate is expected to GOP Senate takeover in 2014 has broken the industry so that companies understand vote early next week on a bill that would en- logjam, helped by high-profile attacks able the government and the private sector it and are willing to cooperate. This against the likes of Sony, Home Depot, Ash- bill will allow companies and the gov- to share information about malicious threats ley Madison and the federal Office of Per- and respond to them more quickly. The leg- sonnel Management. ernment to voluntarily share informa- islation is not going to completely end the Special thanks to WikiLeaks, the anti- tion about cyber threats and the defen- tidal wave of cyberattacks against the gov- American operation that last week an- sive measures they might be able to ernment and corporations, but passing it is nounced that its latest public offering would implement to protect their networks. better than doing nothing—and that is where be information hacked from the private Right now, the same cyber intrusions Congress has left the matter in recent years. email account of CIA chief John Brennan. are used again and again to penetrate The legislation, approved by the Senate We assume Mr. Brennan’s government email Select Committee on Intelligence on a bipar- different targets. That shouldn’t hap- is better protected, but then this is the same pen. If someone sees a particular virus tisan 14–to-1 vote in March, is intended to government that let Hillary Clinton send iron out legal and procedural hurdles to top-secret communications on her private or harmful cyber signature, they sharing information on cyberthreats between email server. should tell others so they can protect companies and the government. Private-sec- Democrats have decided it’s now bad poli- themselves. tor networks have been extremely vulner- tics to keep resisting a compromise, and last That is what this bill does. It clears able, while the government possesses sophis- week the Cybersecurity Information Sharing away the uncertainty and the concerns ticated tools that might be valuable in de- Act co-sponsored by North Carolina Repub- that keep companies from sharing this fending those networks. If threats are shared lican and California Democrat information. It provides that two com- in real time, they could be blunted. The leg- passed the filibuster hur- petitors in a market can share infor- islation is not a magic wand. Hackers inno- dle. A similar bill passed the House in April vate destructive and intrusive attacks even 307–106. mation on cyber threats with each faster than they can be detected. The infor- The idea behind the legislation is simple: other without facing anti-trust suits. mation sharing would be voluntary. But the Let private businesses share information It provides that companies sharing

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.007 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7501 cyber threat information with the gov- ment would basically undo one of the Mr. CARPER. Let me start off by ernment for cyber security purposes core concepts of this bill. Instead of re- saying to Senator FEINSTEIN, 6 years will have liability protection. quiring cyber information to go ago, you, along with Senators SUSAN As I have said many times, the bill is through a single portal at the Depart- COLLINS, , Jay Rocke- completely voluntary. If a company ment of Homeland Security, it would feller, and others started leading the doesn’t want to share information, it allow companies to share cyber infor- effort to put in place comprehensive does not have to. mation directly with the FBI or the Se- cyber security legislation and offered Today, we will vote on up to seven cret Service and still provide full li- the first comprehensive bill dealing amendments. As late as this morning, ability protection. with information sharing. We had a Senator BURR and I have been working This change runs afoul of one of the vote in late 2012. It came up short, and to see if we can reach agreement to ac- most important privacy protections in we started all over again in the last cept or voice vote some of them, and I the bill, which was to limit direct shar- Congress. You have shown great leader- hope these discussions will be success- ing of this cyber information with the ship right from the start. I thank you ful. However, I remain in agreement intelligence community or with law and I thank Senator BURR, the chair of with Chairman BURR that we will op- enforcement. In other words, every- the committee. I thank you for cooper- pose any amendments that undo the thing will go through the portal first, ating with us and with others to make careful compromises we have made on where it will receive an additional sure that we have not just a good bill this bill. Over the past 10 months, we scrub to remove any residual personal but a very good bill that addresses ef- have tried to thread a needle in fact to information and then go to the respec- fectively the greatest challenges we draft a bill that as I said gives the pri- tive departments. In this way the pri- face in our country. vate sector the insurances it needs to vacy is kept by not being able to mis- I have heard Senator FEINSTEIN say share more information while includ- use the authority to provide unrelated this time and again, and I will say it ing privacy protections to make sure information directly to departments. again today: If companies don’t want Americans’ information is not com- If there is a crime, companies should to share information with the Federal promised. be able to share information with law Government, they don’t have to. It is I see on the floor the ranking mem- enforcement—I agree with that—but elective. In some cases they can form ber of the Homeland Security and Gov- that is not what this bill is about. This their own groups called ISOCs that will ernmental Affairs Committee, the dis- bill is about sharing cyber information share information with one another. tinguished Senator from Delaware, and on threats so there can be greater They don’t have to share information I thank Senator CARPER for all he has awareness and better defenses. on attacks with the Federal Govern- done to help us and also to make what When there is a cyber crime and law ment. They can share it with other I consider a major amendment on this enforcement is called in, we are talk- peers if they wish to, but if they do bill, which as you know has been ac- ing about very different information. share it with the Federal Government, cepted. When the FBI investigates, it takes en- with a couple of narrow exceptions, we Several of today’s amendments would tire databases and servers. It looks at ask that it be shared with the Depart- undo this balance. Senators WYDEN, everything—far beyond the cyber infor- ment of Homeland Security because HELLER, and FRANKEN have amend- mation that could be lawfully shared in the Department of Homeland Security ments that would lead to less informa- this act. So sharing with the FBI out- is set up in large part to provide a pri- tion sharing. Each of them would re- side of the DHS portal may be appro- vacy scrub. place clear requirements that are now priate in certain cases but not as a par- Next month the DHS will have the in the bill on what a company or a gov- allel option for cyber threat informa- ability, when these threat indicators ernment must do prior to sharing in- tion. come through that are reported by formation with a new subjective stand- In fact, our bill already makes clear other businesses across the country, in ard that would insert the concern of in section 105(c)(E) that it ‘‘does not real time to be able to scrub that infor- legal liability. limit or prohibit otherwise lawful dis- mation through the portal and remove I would offer to work with these Sen- closures of communications, records, from it personally identifiable informa- ators and others as the bill moves for- or other information, including report- tion that should not be shared with ward and hopefully goes into con- ing of known or suspected criminal ac- other Federal agencies, and just like ference to see if there is a way to tivity.’’ I would just refer to this chart that, bingo, we are off to the races. It achieve their goals without interfering which quotes section 105(c). It says ex- is a smart compromise that I am with the bill’s goal of increasing infor- actly that. pleased and grateful to have worked mation sharing. This amendment would undo the key out with Senators BURR and FEINSTEIN Senator LEAHY’s amendment would structure of this bill—the central por- and their staff. I thank both their staff similarly decrease the amount of shar- tal for sharing information located at and ours as well. ing by opening up the chances of public the Department of Homeland Secu- The other piece is the legislation we disclosure through the Freedom of In- rity—and decrease the ability of the literally took out of the Committee on formation Act of cyber threats shared government to effectively manage all Homeland Security and Governmental under this bill. While the bill seeks to the cyber information it receives. So I Affairs that has been pending. I think share information about the nature of will oppose this amendment and urge the entire title 2 of the managers’ cyber threats and suggestions on how my colleagues to do the same. amendment is the legislation that Sen- to defend networks, this information I very much appreciate that the Sen- ator JOHNSON and I have worked on. We should not be made widely available to ate will complete its consideration of are grateful for that. hackers and cyber criminals who could this bill today. We still have a long One piece of it is something called use it for their own purposes. way to go. We have to conference the EINSTEIN 1, 2, and 3—not to be con- Senator BURR and I worked closely House bill with our bill. I want to fused with the renowned scientist, Al- with Senators LEAHY and CORNYN in make this offer, and I know I think I bert Einstein. But we have something putting together the managers’ pack- speak for the chairman as well, that we called EINSTEIN 1, EINSTEIN 2, and age to remove a FOIA exemption that are happy to work with any Member as EINSTEIN 3. What do they mean? they viewed as unnecessary and harm- we go into conference, but I hope we What this legislation does is it means ful. I am pleased we were able to reach can complete these last few votes with- we are going to use these tools—we are that agreement. However, the FOIA ex- out upsetting the careful negotiations going to continue to update and mod- emption that remains in the bill is and compromise we have been able to ernize these tools—to, No. 1, record in- needed to encourage companies to reach. trusions; No. 2, to be able to detect the share this information, and I would op- Again, I thank the Chair. bad stuff coming through into the Fed- pose this amendment. I yield back the remainder of my eral Government; and No. 3, block it. The President has an amendment on time, and I yield the floor. We are going to make sure it is not the other side of the spectrum which I The PRESIDING OFFICER. The Sen- just something that is positive work on will also strongly oppose. This amend- ator from Delaware. a piece of paper but that 100 percent of

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.008 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7502 CONGRESSIONAL RECORD — SENATE October 27, 2015 the Federal agencies are able to use Having said that, regarding the old that information as they work to com- these new tools. Senator JOHNSON and I saying—I am tired of hearing it and I bat cyber threats. worked on legislation included in this am tired of saying it, but ‘‘don’t let the Again, I respect what Chairman BURR package that uses encryption tools and perfect be the enemy of the good.’’ This and Ranking Member FEINSTEIN are doubles the number of processes we isn’t just good legislation, this is very trying to do here, which is why I have have available to better protect our in- good legislation, and it has gotten bet- carefully crafted this amendment to formation. ter every step of the way because of the meet the needs of both sides—those Finally, I would mention that Sen- willingness of the ranking member and fighting for privacy and those fighting ator COLLINS, the former chair of the the chairman of the Intel Committee for our national security. I would like Homeland Security Committee—she to collaborate. The three C’s at work to take a moment to address the con- and a number of our colleagues, includ- are communicating, compromising, cerns expressed by the chairman, who ing Senator MIKULSKI, Senator MCCAS- and collaborating. We should work out has argued that this amendment is a KILL, and others, have worked on legis- these amendments today and pass this poison pill for this piece of legislation. lation that we added to and all of that bill. I want to be clear: This amendment is was reported out of the committee. All I thank the Chair. not creating legal uncertainty that of this together is a very robust de- The PRESIDING OFFICER. The Sen- would delay the sharing of cyber threat fender of our dot-gov domain and could ator from Nevada. indicators. In fact, the term ‘‘reason- be used to help those outside the Fed- AMENDMENT NO. 2548, AS MODIFIED ably believes’’ is used as the standard eral Government as well. Mr. HELLER. Mr. President, this for the private sector in the House- Going back to the last Congress, Tom Senator, like everyone else in this passed cyber bill. Let me repeat that. Coburn and I worked together to do Chamber, realizes the need to address This phrase, ‘‘reasonably believes,’’ is three things to strengthen the Depart- the threat of cyber attacks. The im- the standard applied to the private sec- ment of Homeland Security to let it do pact of these attacks is a matter of in- tor in the House-passed bill. Our coun- its job. Growing up, I remember seeing dividual financial security as well as terparts on the House Intelligence cartoon ads in a magazine about some America’s national security, and I con- Committee felt that this standard was guy at the beach kicking sand on a tend that these efforts must not inter- high enough to protect privacy while smaller guy. The smaller guy in this fere with Americans’ privacy. In doing also meeting the goal of the bill which case would have been the Department so, the cure, which is this piece of leg- is real-time sharing. of Homeland Security, with respect to islation, is worse than the problem. If this standard is good enough for their ability to provide robust defense I have said it before and I will con- the private sector, it should be good against cyber attacks. If I can use that tinue saying it, privacy for Nevadans is enough for the Federal Government. cartoon as an analogy, in the past, the nonnegotiable. Nevadans elected me in Just 6 months ago, the chamber of Department of Homeland Security was part to uphold their civil rights and commerce released a strong statement the 98-pound weakling, and it is no their liberties, and that is what I am of support and praise for the House- weakling anymore. Legislation that on the floor doing today. That is why I passed cyber legislation. Not once did Dr. Coburn and I offered, passed in the fought for passage of the USA FREE- they release statements of concern Congress, to, No. 1, say the cyber ops DOM Act. That is why I offered my over using the term ‘‘reasonably be- center in the Department of Homeland amendment being considered on this lieves’’ as it applies to the private sec- Security is real. We are standing it up. floor this given day. Hundreds of Ne- tor, the industry which they represent. We are making it real and robust. vadans have reached out to my office I ask again: If it is good enough for the The Federal Information Security private sector, should it not be good Management Act for years was a paper- expressing concerns about the Cyberse- curity Information Sharing Act, saying enough for the Federal Government? work exercise and was a once-a-year Finally, I am proud to have the sup- it did not do enough to safeguard their check to make sure our cyber defenses port of two of the Senate’s leading pri- were secure. We are transforming that personal information. Also tech companies, including vacy advocates, Senators LEAHY and into a 24/7, robust, around-the-clock op- WYDEN, who have been fighting with Google, Apple, Microsoft, Oracle, and eration by modifying legislation and me to make key changes to this bill to BSA Software Alliance, all expressed improving legislation called FISMA. maintain Americans’ rights. I strongly the same concerns about privacy under We also in that legislation make clear urge my colleagues today to vote in this piece of legislation. It is our re- what OMB’s job is and we make clear support of my simple fix. Let’s keep sponsibility in Congress to listen to what the job of the Department of our oath to the American people and these concerns and address them before Homeland Security is. make this bill stronger for privacy allowing this piece of legislation to be- Finally, for years the Department of rights and civil liberties. Homeland Security hired and trained come law. I recognize the chairman of I yield the floor. cyber warriors, and just as they were the intelligence committee does not The PRESIDING OFFICER. The Sen- getting really good, they were hired support my amendment and has been ator from Oregon. away because we couldn’t retain them. encouraging our colleagues to oppose Mr. WYDEN. Mr. President, I ask We couldn’t pay them or provide reten- it. unanimous consent that after Chair- tion bonuses or hiring bonuses. We With respect, however, I believe my man BURR has spoken, I be recognized need to make sure we have some of the amendment is a commonsense, middle- for 2 minutes. best cyber warriors in the world work- ground amendment. It ensures that we The PRESIDING OFFICER. Without ing at the Department of Homeland Se- strike an appropriate balance that objection, it is so ordered. curity. Now DHS has that authority, guarantees privacy, but also allows for The PRESIDING OFFICER. The Sen- and we will be able to hire these peo- real-time sharing of cyber threat indi- ator from North Carolina. ple. cators. My amendment would simply Mr. BURR. Mr. President, I want to Putting all this together, folks, what require the Federal Government, before say to my colleague Senator HELLER, I we have done is move the needle. With sharing any cyber threat indicators, to wish we could accommodate all of the passage of this legislation we will move strip out any personally identifiable in- amendments. The fact is that even a the needle and we need to do that. formation that they reasonably believe word here and there changes the bal- There will be discussion later on of is not directly related to a cyber secu- ance of what Senator FEINSTEIN and I amendments. There are a couple of rity threat. have tried to put together. Although them that for this Senator are espe- This standard creates a wide protec- on the surface it may not look like a cially troubling. Senator FEINSTEIN has tion for American’s personal informa- big deal—I understand we have two mentioned a couple of them, and I sus- tion. Furthermore, it also improves the competing bills that were passed in the pect Senator BURR has mentioned them operational capabilities of this cyber House, and one has the language. The as well. We will look at them as we go sharing program. DHS has stated that fact is, our language for the entirety of through, but a couple of them set this removing more personally identifiable the bill does not match the House bill. legislation back and I will very strong- information before sharing will help When you change something, we have ly oppose them. the private sector meaningfully digest to look at the cause and effect of it.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.010 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7503 Here are the realities. This is a vol- amendment does strike a balance, in- I yield the floor. untary bill. I will start backward with creasing privacy but still providing The PRESIDING OFFICER. The Sen- some of the things Senator HELLER that real-time information sharing. I ator from North Carolina. said. Technology companies are op- just wanted to make those two points. Mr. BURR. Mr. President, we are posed to it. They are. I cannot do any- Mr. BURR. Mr. President, I appre- going to go to these amendments, and thing about that, but I can plead with ciate the Senator’s input. I can only we will have five amendments this them: Why would you deprive thou- say to my colleagues that it is the rec- morning and possibly up to five this sands of businesses that want to have a ommendation of the vice chair and my- afternoon starting at 4 o’clock. partnership with the Federal Govern- self that this not be supported. It does AMENDMENT NOS. 2626, AS MODIFIED, AND 2557 ment from having it because you have change the balance, it puts uncertainty I want to take this opportunity— determined for your business, even in the level of participation, and any there are two pending amendments though you are a large holder of per- delay from real time would, in fact, that are not germane. I ask unanimous sonal data, that you don’t want a part- mean that we would not have lived up consent that it be in order to raise nership with the Federal Government. to the mission of this bill, which is to those points of order en bloc at this I would suggest that the first day minimize data loss. time. they get penetrated, they may find I think, though, that there are simi- The PRESIDING OFFICER. Without that partnership is worthy. I cannot larities between the House and Senate objection, it is so ordered. change where they are on the legisla- bills. Ours is significantly different, Mr. BURR. I make a point of order tion. The reality is that for a vol- and therefore it has a different impli- that the Whitehouse amendment No. untary bill, it means there has to be a cation when you change certain words. 2626 and the Mikulski amendment No. With that, I yield the floor. 2557 are not germane to amendment reason for people to want to partici- The PRESIDING OFFICER. The Sen- No. 2716. pate. Uncertainty is the No. 1 thing ator from Oregon. that drives that away. We believe the Mr. WYDEN. Before he leaves the The PRESIDING OFFICER. The change the Senator proposes provides floor, I want to commend my colleague points of order are well taken and the that degree of uncertainty, and there- from Nevada. I strongly support his amendments fall. fore we would not have information amendment. Mr. BURR. Mr. President, I want to take this opportunity before we start shared either at all or in a timely fash- AMENDMENT NO. 2621, AS MODIFIED the final process to thank the vice ion. If it is not shared in a timely fash- Colleagues, the first vote we will chairman. She has been incredibly will- ion, then we won’t reach the real-time have at 11 o’clock is on my amendment ing to participate, even when we start- transfer of data which gives us the No. 2621. This amendment is supported ed in a different place than where we basis of minimizing data loss in this by a wide variety of leaders across the bill. political spectrum, progressive voices ended. She brought to the table a tre- I think it is easy to look at certain that have focused on cyber security mendous amount of experience on this pieces of the bill and say: Well, this and privacy as well as conservative or- issue because of the number of years does not change it that much. But it ganizations. FreedomWorks, for exam- she had worked on it. She was very ac- changes it in a way that would cause ple, an important conservative organi- commodating on areas that I felt were either companies to choose not to par- zation, announced last night that they important for us to either incorporate ticipate, or it may change it in a way will consider the privacy amendment or at least debate. that delays the notification to the Fed- that I will be offering. It will be the What I really want to share with my eral Government. Therefore, we are not first vote, a key vote on their congres- colleagues is that we had a wholesome able to accomplish what we set out to sional scorecard. debate in the committee. The debate do in the mission of this bill, which is It was the view of FreedomWorks the vice chair and I and our staffs had to minimize the amount of data that is that this amendment, the first vote, was wholesome before it even came to lost not just at that company but would add crucial privacy protections the Presiding Officer or to Senator across the U.S. economy. to this legislation. The point of the WYDEN. That is good. It is why some of Again, I urge our colleagues—we will first amendment we will vote on is to the Members might have said in com- move to amendments shortly. We will strengthen privacy protections by re- mittee: Gee, this looks like a good have an opportunity to debate for 1 quiring that companies make reason- amendment. Yet it did not fit within minute on each side on those amend- able efforts to remove unrelated per- the framework of what the vice chair ments. I would urge my colleagues to sonal information about their cus- and I sat down and agreed to. keep this bill intact. If we change the tomers before providing data to the So this has been a process over a lot balance of what we have been able to government. It says that companies of months of building support, not just do, then it changes the effects of how should take these efforts to the extent within this institution but across the this will be implemented, and, in fact, feasible. Let me say that this truly of- country. It is not a process where I ex- we may or may not at the end of the fers a great deal of flexibility and dis- pected to get to the end and for there day—— cretion to companies. It certainly does to be nothing but endorsements of the Mr. HELLER. Will the chairman not demand perfection, but it does say legislation. I have never seen a piece of yield time so I can respond to his com- to these companies that they should legislation achieve that coming out of ment? actually have to take some real respon- the Senate. But I think the vice chair Mr. BURR. I will be happy to yield. sibility, some affirmative step. and I believed when we actually put Mr. HELLER. I appreciate every- We will have a chance, I guess for a legislation together that we were on thing the Senator is doing. I under- minute or so, when we get to the the same page. The fact is, it is impor- stand the importance of fighting amendments, but for purposes of col- tant that today we are again still on against cyber attacks. I want to make leagues reflecting before we start vot- the same page, that we have stuck two points—clarify two points that I ing, the first amendment I will be of- there. I thank the vice chairman. think are very important. The lan- fering is backed by important progres- I also thank Senator JOHNSON and guage in this bill is the same standard sive organizations, such as the Center Senator CARPER, the chairman and the the private sector is held to in the for Democracy and Technology, and ranking member of the homeland secu- House-passed bill. The chamber had no conservative groups, such as rity committee. They have been in- problem 6 months ago when that bill FreedomWorks, which last night said credibly helpful and incredibly accom- was passed out of the House of Rep- this is a particularly important vote modating. We have tried to incorporate resentatives. with respect to liberty and privacy. It everything we thought contributed So I continue to ask the question: If says that with respect to the standard positively to this legislation, and they it is good enough—if this language is for American companies, you just can- were huge contributors. good enough for the private sector, not hand it over, you have to take Lastly, let me say to all of my col- why is it not good enough for the pub- some affirmative steps—reasonable, af- leagues that it is tough to be put in a lic sector, for the Federal Government? firmative steps—before you share per- situation—the vice chair and myself— The second thing is that I believe my sonal information. where we have Members on both sides

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.004 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7504 CONGRESSIONAL RECORD — SENATE October 27, 2015 who are going to offer amendments—I The personally identifiable information The PRESIDING OFFICER. Is there a understand that to them those amend- (PII) of a company’s users can be attached to sufficient second? ments are very reasonable, and I would cyber threat indicators after a hack—poten- There appears to be a sufficient sec- only ask my colleagues to understand tially sensitive information that is generally ond. unnecessary to diagnose the threat. But the situation the vice chair and I are The clerk will call the roll. since companies which share cyber threat The legislative clerk called the roll. in. We have negotiated a very deli- data are completely immune to consequence cately written piece of legislation, and if that shared data should be misused, their Mr. CORNYN. The following Senators any change in that that is substantive incentive is to share the data as quickly as are necessarily absent: the Senator we feel might, in fact, change the out- possible—even if that means some would be from Texas (Mr. CRUZ), the Senator come of what this bill accomplishes. sharing PII. from Kentucky (Mr. PAUL), the Senator We will have votes on amendments And if that personal data is irresponsibly from Florida (Mr. RUBIO), and the Sen- this morning. One of those amend- shared with the government, it gets spread ator from Louisiana (Mr. VITTER). far and wide between government agencies The PRESIDING OFFICER. Are there ments, Senator FLAKE’s amendment— (including the NSA) in real time, thanks to overnight we were able to negotiate a any other Senators in the Chamber de- CISA’s mandatory interagency sharing pro- siring to vote? change in the sunset provision to 10 vision. years. We will modify that on the floor The Wyden amendment goes a long way to- The result was announced—yeas 41, and accept it by voice vote. The others ward addressing the potential misuse of this nays 55, as follows: will be recorded votes. personal information by requiring companies [Rollcall Vote No. 285 Leg.] With that, I yield the floor. which share cyber threat data to review said YEAS—41 data to ensure that all PII that is not di- AMENDMENT NO. 2621, AS MODIFIED Baldwin Gardner Peters rectly necessary to counter the cyber threat Bennet Gillibrand Reed The PRESIDING OFFICER (Mrs. is deleted before it is shared. Blumenthal Heinrich Reid FISCHER). Under the previous order, the Passing the Wyden amendment wouldn’t Booker Heller Sanders question occurs on amendment No. fully fix the problems with CISA, but it is an Boxer Hirono Schatz 2621, as modified, offered by the Sen- important protection against potential dis- Brown Klobuchar Schumer Cantwell Leahy Shaheen ator from Oregon, Mr. WYDEN. tribution and misuse of innocent consumers’ Cardin Lee Stabenow private information. Casey Markey There is 2 minutes of debate equally Sullivan Please contact your senators and ask that Coons Menendez divided. Tester they vote YES on the Wyden amendment to Crapo Merkley Udall The Senator from Oregon. CISA. FreedomWorks will count the vote on Daines Murkowski Mr. WYDEN. Madam President, vir- Durbin Murphy Warren this amendment as a Key Vote when calcu- Wyden tually all agree that cyber security is a lating our Congressional Scorecard for 2015. Franken Murray serious problem. Virtually all agree The scorecard is used to determine eligi- NAYS—55 that it is useful to share information, bility for the FreedomFighter Award, which Alexander Fischer Moran but sharing information without ro- recognizes Members of Congress who consist- Ayotte Flake Nelson bust privacy standards creates as many ently vote to support economic freedom and Barrasso Graham Perdue Blunt problems as it may solve. individual liberty. Grassley Portman Sincerely, Boozman Hatch Risch The first amendment I am offering is ADAM BRANDON, Burr Heitkamp Roberts supported by a wide variety of organi- CEO, FreedomWorks. Capito Hoeven Rounds zations across the political spectrum Carper Inhofe Sasse Cassidy Isakson The PRESIDING OFFICER. The time Scott because they want what this amend- Coats Johnson of the Senator has expired. Sessions ment would do; that is, reasonable ef- Cochran Kaine The Senator from California. Shelby forts have to be made to strike unre- Collins King Mrs. FEINSTEIN. Madam President, Corker Kirk Thune lated personal information before it is I rise to oppose the amendment. This Cornyn Lankford Tillis Toomey handed over to the government. With- amendment would replace a key fea- Cotton Manchin Donnelly McCain Warner out that, you have a flimsy standard ture of the underlying bill. Right now, that says: When in doubt, hand it over. Enzi McCaskill Whitehouse under section 104(d) of the managers’ Ernst McConnell Wicker I urge colleagues to support this amendment, a company is required to Feinstein Mikulski amendment. It is backed by progressive conduct a review of any information NOT VOTING—4 groups and conservative groups. before it is shared and remove any per- Madam President, I ask unanimous Cruz Rubio sonal information that is not ‘‘directly Paul Vitter consent to add Senator WARREN as a related to a cybersecurity threat.’’ cosponsor to my amendment. The amendment (No. 2621), as modi- Senator WYDEN’s amendment, while The PRESIDING OFFICER. Without fied, was rejected. well-intentioned, would replace that AMENDMENT NO. 2548, AS MODIFIED objection, it is so ordered. review with a requirement that a com- Mr. WYDEN. Madam President, I ask The PRESIDING OFFICER. Under pany must remove personal informa- the previous order, the question occurs unanimous consent to have printed in tion ‘‘to the extent feasible’’—and the RECORD a letter of support from on amendment No. 2548, as modified, there is the rub. This is a very unclear offered by the Senator from Nevada, FreedomWorks, a leading conservative requirement. In this bill, we are trying voice on these issues. Mr. HELLER. to provide clarity on what a company There is 2 minutes of debate equally There being no objection, the mate- has to do so that it is understandable. rial was ordered to be printed in the divided. Companies understand what it means The Senator from Nevada. RECORD, as follows: to conduct a review to see whether FREEDOMWORKS, Mr. HELLER. Madam President, the Washington, DC, October 26, 2015. there is personal information and then chairman has stated that this piece of strip it out. They don’t know what may KEY VOTE YES ON THE WYDEN AMENDMENT legislation has privacy protections. #2621 TO CISA or may not be feasible, and they worry But I don’t believe it goes far enough that this lack of clarity could create As one of our over 6.9 million or we wouldn’t be in this Chamber, FreedomWorks activists nationwide, I urge the risk of a lawsuit where the current vote after vote after vote, trying to you to contact your senators and ask them language does not. move this so there is some personal to vote YES on the Wyden amendment to The PRESIDING OFFICER. The time privacy and so there are some liberties add crucial privacy protections to the Cyber of the Senator has expired. that are protected. Information Sharing Act (CISA), S. 754. Mrs. FEINSTEIN. Therefore, I ask This amendment in front of us right CISA purports to facilitate stronger net- my colleagues to join with me in vot- now is a commonsense, middle-ground work security across the nation by facili- ing no on the Wyden amendment. approach that strengthens the stand- tating the interchange of information on The PRESIDING OFFICER. The cyber threats between private companies and ards for the Federal Government re- government agencies. But one of CISA’s sev- question is on agreeing to the Wyden moving personal information prior to eral gaping flaws is the incentive it creates amendment, as modified. sharing it with the private sector. for some companies to share this data reck- Mr. BURR. Madam President, I ask I want to leave my colleagues with lessly. for the yeas and nays. two points. This is the same standard

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.012 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7505 that the private sector is held to in the [Rollcall Vote No. 286 Leg.] elected, the Republican Senator he was House-passed bill, supported by the YEAS—47 to succeed, George Aiken, was asked by Chamber. If this amendment is good Baldwin Ernst Menendez some to resign his seat a day early— enough for the private sector, the ques- Barrasso Flake Merkley which you could do in those days—to tion is, Why isn’t it good enough for Bennet Franken Moran give Senator LEAHY a head start in se- Blumenthal Gardner the Federal sector or the government? Murkowski niority among his fellow freshmen. Booker Gillibrand Murray No. 2, my amendment strikes a balance Boxer Heinrich Peters Here is what Senator Aiken said: ‘‘If between increasing privacy but still Cantwell Heitkamp Portman is foolish enough to elect a Cardin Heller Reed providing for real-time information Casey Hirono Democrat, let him be number 100.’’ Sanders sharing. Cassidy Hoeven Senator LEAHY’s career has proven Sullivan Coons Kaine that the people of Vermont were wise I urge my colleagues to support this Tester Crapo Lankford in selecting him. From No. 100, Senator amendment. Daines Leahy Toomey LEAHY over time ascended to the rank I yield the floor. Donnelly Lee Udall Durbin Markey Warren of President pro tempore of the Senate. The PRESIDING OFFICER. The Sen- Enzi McCaskill Wyden Senator LEAHY has spent four decades ator from North Carolina. NAYS—49 in the Senate fighting for justice and Mr. BURR. Madam President, Sen- Alexander Grassley Roberts equality. As the chairman of the Judi- ator FEINSTEIN and I have tried to Ayotte Hatch Rounds ciary Committee, he became a national reach a very delicate balance. We think Blunt Inhofe Sasse leader for an independent judiciary, the we have done that. Senator HELLER Boozman Isakson Schatz promotion of equal rights, and the pro- Brown Johnson raised one specific issue. He said the Schumer tection of our Constitution. Burr King Scott chamber is supportive of the language. Capito Kirk Sessions His main focus, though, has always Let me just read: The chamber opposes Carper Klobuchar Shaheen been Vermont. He carries with him a Coats Manchin Shelby Senator HELLER’s amendment for much Cochran McCain picture of what he calls his farmhouse, Stabenow of the same reason that we oppose com- Collins McConnell which is on lots of acres. It looks like Thune parable amendments being offered. It Corker Mikulski a picture you would use if you were Tillis says: The difficulty with seemingly Cornyn Murphy trying to get somebody to come and Cotton Nelson Warner simple tweaks and wording is that in- Feinstein Perdue Whitehouse stay at your place—it is just beautiful. terpreting the language, such as ‘‘ rea- Fischer Reid Wicker It doesn’t remind me of the desert, but sonably believes’’ and ‘‘reasonable ef- Graham Risch it is beautiful. forts’’ in legislation, is far from simple. NOT VOTING—4 Over the years, he has done every- It would create legal uncertainty and Cruz Rubio thing he can to protect the State’s nat- is contrary to the goal of real-time in- Paul Vitter ural beauty, the resources, land and formation sharing. The chamber will The amendment (No. 2548), as modi- water, through conservation efforts. press to maintain NOS as the standard. fied, was rejected. When people visit Vermont, they see these beautiful green vistas, pristine Hopefully, this shares some texture AMENDMENT NO. 2587, AS MODIFIED lakes and rivers, and picturesque with my colleagues about how difficult The PRESIDING OFFICER. Under farms. Senator LEAHY has worked hard this has been. As I said earlier, I would the previous order, the question occurs love to accept all of the amendments. to keep Vermont that way. on amendment No. 2587, as modified, Senator LEAHY has done everything But when it changes the balance of offered by the Senator from Vermont, what we have been able to put—when in his power to promote agriculture in Mr. LEAHY. his home State. As former chair of the we take a voluntary bill and provide The Democratic leader. uncertainty, we have now given a rea- agriculture committee, I can remember Mr. REID. Madam President, I would what he has done to protect the dairy son for either companies not to partici- ask that my remarks be under leader pate or for the government to delay the industry. It is legend what he has done time. to protect the dairy industry. We all transmission to the appropriate agen- The PRESIDING OFFICER. Without cies. remember holding up the Senate for pe- objection, it is so ordered. riods of time until he got what he The PRESIDING OFFICER. The Sen- CONGRATULATING SENATOR LEAHY ON CASTING wanted for dairy. He wrote the Organic ator’s time has expired. HIS 15,000TH VOTE Foods Production Act of 1990, which Mr. BURR. We believe we have the Mr. REID. Mr. President, today my helped foster Vermont and America’s right protections in place. I urge my friend and colleague PAT LEAHY has growing organic food industry. Today, colleagues to defeat the Heller amend- reached another milestone in an ex- organic foods are a $40 billion industry. ment. traordinary career. He just cast his Many of those organic farms and busi- The PRESIDING OFFICER. The 15,000th vote. That is remarkable. He is nesses are based in Vermont. question is on agreeing to the amend- only the sixth Senator in the history of After Tropical Storm Irene, I remem- ment, as modified. this great body to have done that. In ber, graphically, his fighting for the 226 years, he is one of 6. Mr. THUNE. I ask for the yeas and State of Vermont. That storm dev- Today’s momentous occasion should nays. astated parts of Vermont. Roads were come as no surprise because his entire underwater for weeks. He helped secure The PRESIDING OFFICER. Is there a career in public service has been his- $500 million in assistance for the people sufficient second? tory in the making. He graduated from of Vermont to overcome a brutal nat- There appears to be a sufficient sec- St. Michael’s College, which is a ural disaster. ond. Vermont institution. He graduated I am fortunate to be able to serve The clerk will call the roll. from Law Cen- with PAT LEAHY here in the Senate. He The bill clerk called the roll. ter. is more than a colleague; he really is a He was first appointed as the State’s dear friend, as is his wife of 52 years, Mr. CORNYN. The following Senators attorney when he was 26 years old. He Marcelle, whom Landra and I know are necessarily absent: the Senator was then reelected on two separate oc- well. We have helped each other from Texas (Mr. CRUZ), the Senator casions. During that time, PAT LEAHY through our times of joy and our times from Kentucky (Mr. PAUL), the Senator was a nationally renowned prosecutor. of travail. Senator LEAHY and his wife from Florida (Mr. RUBIO), and the Sen- In 1974—his last as a State’s attorney— Marcelle have three wonderful children ator from Louisiana (Mr. VITTER). he was selected as one of the three and five grandchildren. Give PAT a The PRESIDING OFFICER. Are there most outstanding prosecutors in Amer- minute alone and he will start telling any other Senators in the Chamber de- ica. you about them. siring to vote? At age 34, PAT became the first Dem- Senator LEAHY, congratulations on The result was announced—yeas 47, ocrat in U.S. history to be elected to your 15,000th vote in the U.S. Senate. nays 49, as follows: the Senate from Vermont. After he was Mr. LEAHY. I thank my colleague.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.016 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7506 CONGRESSIONAL RECORD — SENATE October 27, 2015 (Applause, Senators rising.) kids is a clean and healthy planet. He I am so grateful to my fellow The PRESIDING OFFICER. The ma- has been a champion on women’s Vermonters for the confidence they jority leader. issues, and on so many other issues. have shown in me. It is a measure of Mr. MCCONNELL. Madam President, Senator LEAHY, on behalf of the peo- trust that urges me on. I will never be- as the Democratic leader has pointed ple of Vermont, I want to thank you so tray it, and I will never take it for out, this is indeed the 15,000th vote of much for your years of service. granted. Reflecting on the past 15,000 the Senator from Vermont. That (Applause, Senators rising.) votes reminds me about the signifi- means he has taken the largest number Mr. LEAHY. Madam President, I cance every time we vote, why I feel of votes among all of us currently serv- want to thank my dear friends, Sen- energized about what votes lie ahead, ing here in the Senate. It means he has ator REID, Senator MCCONNELL, Sen- and how we can keep making a dif- taken the sixth largest number of votes ator SANDERS, and Senator GRASSLEY ference. in Senate history. It certainly means for their comments, and I appreciate I thank my friends, the two leaders, he has taken more votes than any the opportunity to be able to serve for their remarks, my respected Senate other Senator from his State, and with them. I thank the members of the colleague, Senator SANDERS, my friend, Vermont has been sending Senators Senate for this opportunity to make a Senator GRASSLEY, with whom I’ve here since the late 1700s. very few observations about this per- served a long time. I appreciate my That is not the only thing that sets sonal milestone. friendship with them and have appre- him apart from every other Vermonter You know, the Senate offers both ciated my friendship with other lead- great opportunities and responsibility to serve here in the Senate. He was the ers, including Senators Mansfield, for both Senators from Vermont and first Democrat elected to serve from Byrd, Baker, Dole, Lott, and Daschle, all who serve here. We have a chance, Vermont. Unfortunately, that is a and lifelong gratitude to my former day after day, to make things better habit that has not continued. I think colleague, Senator Stafford, a Repub- for Vermonters and for all Americans. we can safely assume he is Vermont’s lican, who took me under his wing and We can strengthen our country and en- first fanboy to serve as well; guided me. And I am privileged to serve sure its vitality into the future. We can the first Bat fan and probably the first now—I mean, our whole Vermont dele- forge solutions in the unending quest Dead Head as well. gation is here: Senator SANDERS, Con- throughout this Nation’s history to There is no doubt that our colleague gressman WELCH, and myself. Not form a more perfect Union. many other States could do that and is the longest serving current Member I cast my first vote in this Chamber of the Senate from any State. We are fit all of them in this body. And lastly in 1975 on a resolution to establish the I remember what a thrill it was to tell happy to recognize today his 15,000th Church Committee. The critical issues vote. my wife, Marcelle, when I cast my first of the post-Watergate era parallel vote. And now 40 years later, I can still (Applause, Senators rising.) issues we face today—proof of the en- The PRESIDING OFFICER. The Sen- tell her about the 15,000th vote, and she during fact that, while the votes we knows, she and our children and grand- ator from Iowa. cast today address the issues we face Mr. GRASSLEY. May I have 1 children are the most important people now, problems will persist, threats will in my life. minute to speak to that point? continue, and improvements to the de- The PRESIDING OFFICER. Without I do not want to further delay the mocracy we all revere can always be Senate’s work today, and I will reflect objection, it is so ordered. made. Mr. GRASSLEY. Madam President, I more on this milestone later. I thank I think back on the 15,000 votes I you for your friendships that have wish to commemorate my friend and have cast on behalf of Vermonters. A colleague for casting his 15,000th vote meant more to me and my family than lot of them come quickly to mind I can possibly say, and I look forward today in the Senate. today—some specific to Vermont and Senator LEAHY has been a stalwart to continuing serving here. Thank you some national and some global—writ- very, very much. Member of this body since joining the ing and enacting the organic farm bill, Senate at the age of 34 in 1975. Four (Applause, Senators rising.) the charter for what has become a Mr. DURBIN. Madam President, I decades later, Senator LEAHY continues thriving $30 billion industry; stronger want to add my voice to the well-de- to serve his State and our Nation with regulations on mercury pollution and served chorus of congratulations for great passion and conviction. combating the effects of global warm- our colleague and friend from Vermont. Senator LEAHY has been a good friend ing; emergency relief for the devasta- Of the 1,963 men and women who have as we work together in leading the tion caused by Tropical Storm Irene; ever served in the U.S. Senate, only six Senate Judiciary Committee. adopting price support programs for have the distinction of casting 15,000 So, Senator LEAHY, congratulations small dairy farmers; fighting for the votes. And of those august six, only on this tremendous milestone. I hope privacy and civil liberties of all Ameri- continues to serve in we can cast many more votes together cans; supporting the Reagan-O’Neill this body today. The only other mem- as we continue to work in a bipartisan deal to save Social Security; nutrition bers of the 15,000-vote league are Sen- way on the committee. bills to help Americans below the pov- ators Robert C. Byrd, Strom Thur- I applaud the Senator from Vermont erty line; bipartisan—strongly bipar- mond, , , for his great commitment to service, tisan—campaign reform in McCain- and . and I wish him many more votes in the Feingold; the bipartisan Leahy-Smith More important than the number of future. Act, on patent reform; reauthorizing votes Senator LEAHY has cast, how- (Applause, Senators rising.) and greatly expanding and strength- ever, is the wisdom and courage re- The PRESIDING OFFICER. The jun- ening the Violence Against Women flected in his votes. ior Senator from Vermont. Act; opposing the war in Iraq, a ven- He was elected to the U.S. Senate in Mr. SANDERS. Madam President, I ture that cost so many lives and tril- 1974—part of an historic group of new rise to say a few words in congratu- lions of taxpayer dollars. Senators known as the ‘‘Watergate Ba- lating Senator LEAHY, not just for his The Senate at its best can be the con- bies.’’ 15,000th vote but on his many years of science of the Nation. I have seen that He has voted time and again to up- service serving the people of the State when it happens, and I marvel in the hold the values of our Constitution— of Vermont. Vermont is very proud of fundamental soundness and wisdom of even when it contained some political all of the work PAT LEAHY has done. our system every time the Senate risk. As we all know, Senator LEAHY has stands up and is the conscience of our His very first vote in this Senate was been a champion on agriculture issues, Nation. But we cannot afford to put to authorize the Church Committee— on protecting family farmers, espe- any part of the mechanism on auto- the precursor to today’s Senate Select cially in dairy and organics. He has matic pilot. It takes constant work and Committee on Intelligence. The Church been a champion in fighting for civil vigilance to keep our system working Committee was created to investigate liberties in this country. He has been a as it should for the betterment of our possible illegalities by the CIA, the champion on environmental issues, society and the American people. And FBI, and the National Security Agen- making sure the planet we leave our we can only do it if we work together. cy—and it resulted in major reforms.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.025 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7507 As you may know, Senator LEAHY is amendment directly following the im- closure, the underlying bill already a major Batman fan. In fact, he has portant monument of 15,000 votes by makes clear that information provided made several cameo appearances in one of the idols of my life, but so be it. to the Federal Government ‘‘shall be Batman movies. As it might become very clear, Sen- considered the commercial, financial, His affinity for the Caped Crusader ator BURR and I, on a bill that came and proprietary information’’ of the makes sense. You see, Batman is one of out of committee 14 to 1, have tried to entity submitting the information. the few superheroes with no super- keep a balance and have tried to pre- Commercial and financial information human powers. He is simply a man vent this kind of information sharing is exempt from disclosure under FOIA with unusual courage and determina- from being a threat to business so they pursuant to exemption (b)(4), and addi- tion to fight wrongdoing. That is PAT- won’t participate. Therefore, the words tional protections are unnecessary. RICK LEAHY, too. that are used are all important as to The comprehensive exemptions already I have served on the Senate Judiciary whether they have a legal derivation. in law have been carefully crafted to Committee for more than 18 years. Senator LEAHY’s amendment would es- protect the most sensitive information During that time, Senator LEAHY has sentially decrease the amount of shar- from disclosure while prohibiting the been either our committee chairman or ing by opening up the chance of public Federal Government from withholding its ranking member. disclosure through the Freedom of In- information the public is entitled to. I have the greatest respect for his fi- formation Act of cyber threats shared Creating unnecessary exemptions will delity to the rule of law and his deter- under this bill. call into question the existing FOIA mined efforts to safeguard the inde- Now, we seek to share information framework and threaten its twin goals pendence and integrity of America’s about the nature of cyber effects and of promoting government transparency Federal courts. suggestions on how to defend networks. and accountability. He is a champion of human rights at This information clearly should not be The new FOIA exemption in the home and abroad. made available to hackers and cyber cyber bill also includes a preemption According to the nonpartisan website criminals who could use it for their clause that is overly broad and sets a GovTrack, Senator LEAHY has spon- own purposes. So Senator BURR and I terrible precedent. As drafted, it ap- sored more bipartisan bills than any worked closely with Senator LEAHY plies not only to FOIA, but to all other current member of this Senate. and Senator CORNYN in putting to- State, local, or tribal disclosure laws. Sixty-one percent of his bills have had gether the managers’ package to re- By its very terms, this provision ap- both Democratic and Republican co- move a FOIA exemption that they plies not just to transparency and sun- sponsors. In this time of increasingly viewed as unnecessary and harmful. shine laws, but to any law ‘‘requiring sharp partisanship, that is a record That has been removed in the man- disclosure of information or records.’’ that we would all do well to emulate. agers’ package. Because this broad preemption of State I am particularly grateful to Senator The PRESIDING OFFICER. The time and local law has not received careful, LEAHY for his strong support of a bipar- of the Senator has expired. open consideration, there has not been tisan bill that I am cosponsoring, along Mrs. FEINSTEIN. I thank the Chair. adequate consultation with State and with a broad array of Senators, from The PRESIDING OFFICER. The Sen- local governments to consider the po- Chairman CHUCK GRASSLEY to Senator ator from Vermont. tential impacts. Such a sweeping ap- . The Sentencing Reform Mr. LEAHY. Madam President, as proach could impact hundreds of State and Corrections Act would make Fed- much as I hate to disagree with my and local laws and lead to unintended eral sentencing laws smarter, fairer, dear friend from California, I will on consequences. more effective, and more fiscally re- this amendment. Amending our Nation’s premier sponsible. It passed the Judiciary Com- I don’t like to see unnecessary ex- transparency law and preempting State mittee last week by a vote of 15–5. Sen- emptions to the Freedom of Informa- and local law deserves more public de- ator LEAHY’s leadership has been crit- tion Act. bate and consideration. If we do not op- Today I offer an amendment to the ical in building this broad support, and pose this new FOIA exemption, then I Cybersecurity Information Sharing Act I look forward to the day—in the near expect more antitransparency language that would remove from the bill an future, I hope—when we can celebrate will be slipped into other bills without overly broad and wholly unnecessary passage of this important measure. the consideration of the Judiciary new FOIA exemption. That new exemp- I learned recently that Senator Committee. Just a few months ago, I tion to our Nation’s premier trans- LEAHY dedicates all of his fees and roy- was here on the Senate floor fighting parency law was added without public alties from his acting roles to char- against new FOIA exemptions that had debate and in a closed session by the ities. A favorite charity is the Kellogg- been tucked into the surface transpor- Senate Intelligence Committee. Any Hubbard library in Montpelier, VT, tation bill, and I have no doubt I will amendments to the Freedom of Infor- where he read comic books as a child. be down here again in the future fight- mation Act should be considered open- I hope that there are young boys and ing similar fights. But an open and ly and publicly by the Senate Judiciary girls discovering in that library the transparent government is worth fight- Committee, which has exclusive juris- same uncommon courage and love of ing for. I believe in transparency in our diction over FOIA—not in secret by the justice that PATRICK LEAHY found Federal Government, and I believe that Senate Intelligence Committee. there. I expect that much of the informa- FOIA is the backbone to ensuring an America needs more heroes like PAT open and accountable government. I tion to be shared with the government LEAHY. urge all Members to join me in this ef- under CISA would be protected from AMENDMENT NO. 2587, AS MODIFIED fort and vote for the Leahy amend- disclosure to the general public. A The PRESIDING OFFICER. Under ment. thorough committee process, including the previous order, the question occurs The PRESIDING OFFICER. The time consideration by the Senate Judiciary on amendment No. 2587, as modified, of the Senator has expired. Committee, would have made clear offered by the Senator from Vermont, Mr. LEAHY. I thank the Chair. that the vast majority of sensitive in- Mr. LEAHY. The PRESIDING OFFICER. The formation to be shared under this bill Mr. MCCONNELL. I ask for the yeas question is on agreeing to amendment is already protected from disclosure and nays. No. 2587, as modified. The PRESIDING OFFICER. Is there a under existing FOIA exemptions. This The yeas and nays have been ordered. sufficient second? includes exemption (b)(4), which pro- The clerk will call the roll. There appears to be a sufficient sec- tects confidential business and finan- The senior assistant legislative clerk ond. cial information; exemption (b)(6) called the roll. The yeas and nays were ordered. which protects personal privacy; and Mr. CORNYN. The following Senators There will now be 2 minutes equally exemption (b)(7), which protects infor- are necessarily absent: the Senator divided. mation related to law enforcement in- from Texas (Mr. CRUZ), the Senator The Senator from California. vestigations. from Kentucky (Mr. PAUL), the Senator Mrs. FEINSTEIN. Madam President, In case there is any doubt that this from Florida (Mr. RUBIO), and the Sen- I rise regretfully to speak against the information would be exempt from dis- ator from Louisiana (Mr. VITTER).

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.014 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7508 CONGRESSIONAL RECORD — SENATE October 27, 2015 The PRESIDING OFFICER. Are there required by subsection (b), the policies and mit to Congress, and make available to the any other Senators in the Chamber de- procedures developed and promulgated under public interim guidelines relating to privacy siring to vote? this subsection shall— and civil liberties which shall govern the re- The result was announced—yeas 37, (A) ensure that cyber threat indicators ceipt, retention, use, and dissemination of shared with the Federal Government by any cyber threat indicators by a Federal entity nays 59, as follows: entity pursuant to section 104(c) through the obtained in connection with activities au- [Rollcall Vote No. 287 Leg.] real-time process described in subsection (c) thorized in this title. YEAS—37 of this section— (2) FINAL GUIDELINES.— Baldwin Gillibrand Reid (i) are shared in an automated manner (A) IN GENERAL.—Not later than 180 days Bennet Heinrich Sanders with all of the appropriate Federal entities; after the date of the enactment of this Act, Blumenthal Heller Schatz (ii) are not subject to any unnecessary the Attorney General shall, in coordination Booker Hirono Schumer delay, interference, or any other action that with heads of the appropriate Federal enti- Boxer Klobuchar Shaheen could impede receipt by all of the appro- ties and in consultation with officers des- Brown Leahy Stabenow priate Federal entities; and ignated under section 1062 of the National Cantwell Lee Sullivan (iii) may be provided to other Federal enti- Security Intelligence Reform Act of 2004 (42 Cardin Markey Tester Casey Menendez ties; U.S.C. 2000ee–1) and such private entities Udall Coons Merkley (B) ensure that cyber threat indicators with industry expertise as the Attorney Gen- Warren Daines Murray shared with the Federal Government by any eral considers relevant, promulgate final Wyden Durbin Peters entity pursuant to section 104 in a manner guidelines relating to privacy and civil lib- Franken Reed other than the real time process described in erties which shall govern the receipt, reten- NAYS—59 subsection (c) of this section— tion, use, and dissemination of cyber threat (i) are shared as quickly as operationally Alexander Fischer Moran indicators by a Federal entity obtained in practicable with all of the appropriate Fed- connection with activities authorized in this Ayotte Flake Murkowski eral entities; Barrasso Gardner title. Murphy (ii) are not subject to any unnecessary Blunt Graham Nelson (B) PERIODIC REVIEW.—The Attorney Gen- Boozman Grassley Perdue delay, interference, or any other action that eral shall, in coordination with heads of the Burr Hatch Portman could impede receipt by all of the appro- appropriate Federal entities and in consulta- Capito Heitkamp Risch priate Federal entities; and tion with officers and private entities de- Carper Hoeven Roberts (iii) may be provided to other Federal enti- Cassidy Inhofe scribed in subparagraph (A), periodically, but Rounds ties; Coats Isakson not less frequently than once every two Sasse (C) consistent with this title, any other ap- Cochran Johnson years, review the guidelines promulgated Scott plicable provisions of law, and the fair infor- Collins Kaine under subparagraph (A). Sessions mation practice principles set forth in ap- Corker King (3) CONTENT.—The guidelines required by Shelby Cornyn Kirk pendix A of the document entitled ‘‘National paragraphs (1) and (2) shall, consistent with Thune Cotton Lankford Strategy for Trusted Identities in Cyber- the need to protect information systems Crapo Manchin Tillis space’’ and published by the President in from cybersecurity threats and mitigate cy- Donnelly McCain Toomey April 2011, govern the retention, use, and dis- bersecurity threats— Enzi McCaskill Warner semination by the Federal Government of (A) limit the effect on privacy and civil lib- Ernst McConnell Whitehouse cyber threat indicators shared with the Fed- Feinstein Mikulski Wicker erties of activities by the Federal Govern- eral Government under this title, including ment under this title; NOT VOTING—4 the extent, if any, to which such cyber (B) limit the receipt, retention, use, and threat indicators may be used by the Federal Cruz Rubio dissemination of cyber threat indicators con- Government; and Paul Vitter taining personal information or information (D) ensure there are— that identifies specific persons, including by The amendment (No. 2587), as modi- (i) audit capabilities; and establishing— fied, was rejected. (ii) appropriate sanctions in place for offi- AMENDMENT NO. 2582 cers, employees, or agents of a Federal enti- (i) a process for the timely destruction of The PRESIDING OFFICER. Under ty who knowingly and willfully conduct ac- such information that is known not to be di- rectly related to uses authorized under this the previous order, the question occurs tivities under this title in an unauthorized manner. title; and on amendment No. 2582, offered by the (ii) specific limitations on the length of (4) GUIDELINES FOR ENTITIES SHARING CYBER Senator from Arizona, Mr. FLAKE. THREAT INDICATORS WITH FEDERAL GOVERN- any period in which a cyber threat indicator The Senator from North Carolina. MENT.— may be retained; AMENDMENT NOS. 2582, AS MODIFIED, AND 2552, (A) IN GENERAL.—Not later than 60 days (C) include requirements to safeguard AS FURTHER MODIFIED after the date of the enactment of this Act, cyber threat indicators containing personal Mr. BURR. Madam President, I ask the Attorney General and the Secretary of information or information that identifies unanimous consent that the Flake Homeland Security shall develop and make specific persons from unauthorized access or acquisition, including appropriate sanctions amendment No. 2582 and the Coons publicly available guidance to assist entities and promote sharing of cyber threat indica- for activities by officers, employees, or amendment No. 2552 be modified with agents of the Federal Government in con- the changes at the desk. tors with Federal entities under this title. (B) CONTENTS.—The guidelines developed travention of such guidelines; The PRESIDING OFFICER. Without and made publicly available under subpara- (D) include procedures for notifying enti- objection, it is so ordered. graph (A) shall include guidance on the fol- ties and Federal entities if information re- The amendments (No. 2582), as modi- lowing: ceived pursuant to this section is known or fied, and (No. 2552), as further modified, (i) Identification of types of information determined by a Federal entity receiving are as follows: that would qualify as a cyber threat indi- such information not to constitute a cyber threat indicator; AMENDMENT NO. 2582, AS MODIFIED cator under this title that would be unlikely (E) protect the confidentiality of cyber At the end, add the following: to include personal information or informa- tion that identifies a specific person not di- threat indicators containing personal infor- SEC. 11. EFFECTIVE PERIOD. rectly related to a cyber security threat. mation or information that identifies spe- (a) IN GENERAL.—Except as provided in (ii) Identification of types of information cific persons to the greatest extent prac- subsection (b), this Act and the amendments protected under otherwise applicable privacy ticable and require recipients to be informed made by this Act shall be in effect during the laws that are unlikely to be directly related that such indicators may only be used for 10-year period beginning on the date of the to a cybersecurity threat. purposes authorized under this title; and enactment of this Act. (iii) Such other matters as the Attorney (F) include steps that may be needed so (b) EXCEPTION.—With respect to any action General and the Secretary of Homeland Se- that dissemination of cyber threat indicators authorized by this Act or information ob- curity consider appropriate for entities shar- is consistent with the protection of classified tained pursuant to an action authorized by ing cyber threat indicators with Federal en- and other sensitive national security infor- this Act, which occurred before the date on tities under this title. mation. which the provisions referred to in sub- (b) PRIVACY AND CIVIL LIBERTIES.— (c) CAPABILITY AND PROCESS WITHIN THE section (a) cease to have effect, the provi- (1) GUIDELINES OF ATTORNEY GENERAL.—Not DEPARTMENT OF HOMELAND SECURITY.— sions of this Act shall continue in effect. later than 60 days after the date of the enact- (1) IN GENERAL.—Not later than 90 days AMENDMENT NO. 2552, AS FURTHER MODIFIED ment of this Act, the Attorney General shall, after the date of the enactment of this Act, Beginning on page 23, strike line 3 and all in coordination with heads of the appro- the Secretary of Homeland Security, in co- that follows through page 33, line 10 and in- priate Federal entities and in consultation ordination with the heads of the appropriate sert the following: with officers designated under section 1062 of Federal entities, shall develop and imple- (3) REQUIREMENTS CONCERNING POLICIES AND the National Security Intelligence Reform ment a capability and process within the De- PROCEDURES.—Consistent with the guidelines Act of 2004 (42 U.S.C. 2000ee–1), develop, sub- partment of Homeland Security that—

VerDate Sep 11 2014 02:39 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD15\S27OC5.REC S27OC5 bjneal on DSK67QTVN1PROD with CONG-REC-ONLINE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7509 (A) shall accept from any entity in real partment of Homeland Security has devel- necessary information. The amend- time cyber threat indicators and defensive oped the measures described in paragraph ment is intentionally modest. It makes measures, pursuant to this section; (1)(C); or only changes that are most needed for (B) shall, upon submittal of the certifi- (B) the date that is 12 months after the the sake of both privacy and security. cation under paragraph (2) that such capa- date of enactment of this Act. I urge my colleagues to support this bility and process fully and effectively oper- AMENDMENT NO. 2582, AS MODIFIED amendment. ates as described in such paragraph, be the Mr. FLAKE. Madam President, I process by which the Federal Government re- The PRESIDING OFFICER. The Sen- thank the chair of the subcommittee ceives cyber threat indicators and defensive ator from North Carolina. and the vice chair, ranking member, measures under this title that are shared by Mr. BURR. Madam President, let me for working on this. This was initially a private entity with the Federal Govern- say to my colleagues, again, we are ment through electronic mail or media, an a 6-year sunset. This has been moved trying to change the words that have interactive form on an Internet website, or a under the amendment to a 10-year sun- been very delicately chosen to provide real time, automated process between infor- set. I believe it is important, when we the certainty that companies under- mation systems except— deal with information that is sensitive, (i) consistent with section 104, communica- stand and need for them to make a de- to have a look back after a number of tions between a Federal entity and a private cision to share. years to see if we have struck the right entity regarding a previously shared cyber Like some other amendments, if you threat indicator to describe the relevant cy- balance. don’t want them to share, then provide bersecurity threat or develop a defensive We have done that on other sensitive measure based on such cyber threat indi- programs like this. I think it ought to uncertainty. That is in language cator; and be done here. I appreciate the work changing from ‘‘may’’ to ‘‘reasonably (ii) communications by a regulated entity likely,’’ changing from ‘‘actual’’ or that Senators BURR and FEINSTEIN and with such entity’s Federal regulatory au- my colleagues have put into this. ‘‘potential’’ to ‘‘harm caused by an in- thority regarding a cybersecurity threat; cident.’’ The Department of Homeland (C) shall require the Department of Home- I urge support. The PRESIDING OFFICER. The Sen- Security is for this bill. The White land Security to develop and implement House is for this bill. Fifty-two organi- measures to remove, through the most effi- ator from North Carolina. cient means practicable, any personal infor- Mr. BURR. Madam President, I zations representing thousands of com- mation of or identifying a specific person not thank my colleagues. We have agreed panies in America are for this bill. We necessary to identify or describe the cyberse- on this. We can hopefully do this by have reached the right balance. Let’s curity threat before sharing a cyber threat voice vote. defeat this amendment and let’s move indicator or defensive measure with appro- The PRESIDING OFFICER. If there to this afternoon’s amendments. priate Federal entities; I yield the floor. (D) ensures that all of the appropriate Fed- is no further debate, the question is on eral entities receive in an automated manner agreeing to the amendment, as modi- The PRESIDING OFFICER. The such cyber threat indicators as quickly as fied. question is on agreeing to the amend- operationally possible from the Department The amendment (No. 2582), as modi- ment, as further modified. of Homeland Security; fied, was agreed to. Mr. TILLIS. I ask for the yeas and (E) is in compliance with the policies, pro- AMENDMENT NO. 2612, AS FURTHER MODIFIED nays. cedures, and guidelines required by this sec- The PRESIDING OFFICER. Is there a tion; and The PRESIDING OFFICER. Under (F) does not limit or prohibit otherwise the previous order, the question occurs sufficient second? lawful disclosures of communications, on amendment No. 2612, as further There appears to be a sufficient sec- records, or other information, including— modified, offered by the Senator from ond. (i) reporting of known or suspected crimi- Minnesota, Mr. FRANKEN. The clerk will call the roll. nal activity, by an entity to any other entity The Senator from Minnesota. The bill clerk called the roll. or a Federal entity; Mr. CORNYN. The following Senators (ii) voluntary or legally compelled partici- Mr. FRANKEN. Madam President, pation in a Federal investigation; and the Franken, Leahy, Durbin, and are necessarily absent: the Senator (iii) providing cyber threat indicators or Wyden amendment addresses concerns from Texas (Mr. CRUZ), the Senator defensive measures as part of a statutory or raised by privacy advocates, tech com- from South Carolina (Mr. GRAHAM), the authorized contractual requirement. panies, and security experts, including Senator from Kentucky (Mr. PAUL), the (2) CERTIFICATION.—Not later than 10 days the Department of Homeland Security. Senator from Florida (Mr. RUBIO), and prior to the implementation of the capa- The amendment tightens definitions the Senator from Louisiana (Mr. VIT- bility and process required by paragraph (1), of the terms ‘‘cyber security threat’’ TER). the Secretary of Homeland Security shall, in consultation with the heads of the appro- and ‘‘cyber threat indicator,’’ which The PRESIDING OFFICER. Are there priate Federal entities, certify to Congress are currently too broad and too vague, any other Senators in the Chamber de- whether such capability and process fully and would encourage the sharing of ex- siring to vote? and effectively operates— traneous information—unhelpful infor- The result was announced—yeas 35, (A) as the process by which the Federal mation. nays 60, as follows: Government receives from any entity a Overbreadth is not just a privacy [Rollcall Vote No. 288 Leg.] cyber threat indicator or defensive measure problem; as DHS has noted, it is bad under this title; and YEAS—35 for cyber security if too much of the (B) in accordance with the policies, proce- Baldwin Gillibrand Peters dures, and guidelines developed under this wrong kind of information floods into Bennet Heinrich Reid section. agencies. Blumenthal Heller Sanders Booker Hirono (3) PUBLIC NOTICE AND ACCESS.—The Sec- My amendment redefines ‘‘cyber se- Schatz Boxer Klobuchar Schumer retary of Homeland Security shall ensure curity threat’’ as an action that is at Brown Lankford there is public notice of, and access to, the Shaheen least reasonably likely to try to ad- Cantwell Leahy Stabenow capability and process developed and imple- versely impact an information system. Cardin Lee Tester mented under paragraph (1) so that— Coons Markey It is a standard that tells companies Udall Daines Menendez (A) any entity may share cyber threat in- Warren what is expected of them and assures Durbin Merkley dicators and defensive measures through Wyden such process with the Federal Government; consumers that CISA imposes appro- Franken Murray and priate limits. NAYS—60 The PRESIDING OFFICER. The Sen- (B) all of the appropriate Federal entities Alexander Collins Grassley receive such cyber threat indicators and de- ator’s time has expired. Ayotte Corker Hatch fensive measures as quickly as operationally Mr. FRANKEN. Madam President, I Barrasso Cornyn Heitkamp practicable with receipt through the process ask unanimous consent for 20 more sec- Blunt Cotton Hoeven within the Department of Homeland Secu- onds. Boozman Crapo Inhofe rity. Burr Donnelly Isakson The PRESIDING OFFICER. Without Capito Enzi Johnson (4) EFFECTIVE DATE OF CERTAIN PROVISION.— Carper Ernst Kaine The requirement described in paragraph objection, it is so ordered. Mr. FRANKEN. The amendment also Casey Feinstein King (1)(C) shall take effect upon the earlier of— Cassidy Fischer Kirk (A) the date on which the Secretary of tightens the definition of ‘‘cyber threat Coats Flake Manchin Homeland Security determines that the De- indicator’’ to avoid the sharing of un- Cochran Gardner McCain

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.005 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7510 CONGRESSIONAL RECORD — SENATE October 27, 2015 McCaskill Portman Shelby We saw in the last few days that the going to happen, but of course we need McConnell Reed Sullivan Mikulski Risch Thune head of the CIA had his own personal to continue to work now to put a bill Moran Roberts Tillis account hacked into apparently by a on the President’s desk that does that. Murkowski Rounds Toomey teenager who is in the process of shar- There still remain things to be done. Murphy Sasse Warner ing that information. If the head of the One of the things I have worked on for Nelson Scott Whitehouse ARPER Perdue Sessions Wicker CIA and the head of Homeland Security the last 3 years—Senator C and I do not know how to protect their own have worked together, Senator WARNER NOT VOTING—5 personal information, obviously infor- has been very engaged in this discus- Cruz Paul Vitter sion, as has Chairman THUNE—is the Graham Rubio mation much more valuable than they might personally share is also in jeop- protection of sensitive personal infor- The amendment (No. 2612), as further ardy. mation as well as how do we protect modified, was rejected. We do need to ensure that we protect the systems themselves. The PRESIDING OFFICER. The Sen- people’s personal liberties. We need to Clearly this information sharing will ator from Missouri. do that in a way that defends the coun- help in that fight. There is no doubt Mr. BLUNT. Madam President, I ask try. Both of those are primarily re- about that. In addition to supporting unanimous consent to address the floor sponsibilities that we accept when we this bill, I want to continue to work for up to 15 minutes. with my colleagues to see that we have The PRESIDING OFFICER. Without take these jobs, and it is certainly our responsibility to the Constitution a way to notify people in a consistent objection, it is so ordered. way when their information has been Mr. BLUNT. Madam President, last itself. I think Chairman BURR and Vice stolen. week I came to the floor to express my There are at least a dozen different support for the Cybersecurity Informa- Chairman FEINSTEIN have done a good job of bringing that balance together. State laws that address how you secure tion Sharing Act, which we are dealing personal information, and there are 47 with today. The bipartisan vote of 83 to This bill is carefully crafted in a way that creates a number of different lay- different State laws that address how 14 that happened later that day was an you tell people if their information has important step in the right direction to ers of efforts to try to do both of those things. been stolen. That is too much to com- deal with this issue. The debate has ply with. We need to find one standard. been encouraging. We need to deal with First, the bill only encourages shar- ing; it doesn’t require it. It doesn’t re- This patchwork of laws is a nightmare this threat to our economy. It is a for everybody trying to comply and threat to our security, it is a threat to quire anybody to share anything they don’t want to share, but it encourages frankly a nightmare for citizens who our privacy, and we need to deal with get all kinds of different notices in all it now. the sharing of cyber threats. It works on the techniques and the malware kinds of different ways. As I and others have said before, if Without a consistent national stand- used by hackers. It specifically does we wait until there is an event that ard pertaining to securing information, not authorize the sharing of personal gets people’s attention in such a dra- without a consistent national standard information, and in fact the bill explic- matic way that everybody suddenly re- pertaining to what happens when you itly directs the Federal Government to alizes what is at stake, there is no tell- have a data breach and your informa- develop and make available to the pub- ing what kind of overreaction Congress tion is wrongly taken by someone else, lic guidelines to protect privacy and will make. This has been a good debate we have only done part of this job. So civil liberties in the course of sharing at the time we should have it. Now, of I want us to continue to work to find the information. course, we need to move on. the solutions there. We need to find a There have been a lot of amendments The Attorney General is required to way to establish that standard for both offered. Many amendments have been review these guidelines on a regular data security and data breach. I am accepted by the managers of the bill. basis. The bill mandates reports on the going to continue to work with the With almost all certainty, today we implementation and any privacy im- Presiding Officer and my other col- will finish the remaining amendments pacts by inspectors general and by the leagues. Our other committee, the pending on the bill and hopefully finish Privacy and Civil Liberties Oversight commerce committee, is a critical the bill itself. A lot of these amend- Board, to ensure that these threats to place to have that happen. I wish we ments have been very well-inten- privacy are constantly looked at. could have done this on this bill. We tioned—in fact, I suspect they all have Senator FLAKE’s amendment, which didn’t get it done on this bill, but I been well-intentioned—but in many we accepted as part of the bill just a would say that now the first step to do cases they fundamentally undermine few minutes ago, guarantees that this what we need to do is dealing with the the core purpose of the bill, which is to issue has to be revisited. problem of cyber security in the way have voluntary real-time sharing of I gave a speech at Westminster Col- this bill does and then finish the job at cyber threats, to allow that sharing to lege in Fulton, MO, about a month ago some later time. be between private entities and the at the beginning of the 70th year of the So I look forward to seeing this bill Federal Government, and even for pri- anniversary of Winston Churchill giv- passed today. I am certainly urging my vate entities to be able to share with ing the ‘‘Iron Curtain’’ speech on that colleagues to vote for it. I think it has each other. campus and talking about liberty the protections the people we work for This is a bill that creates the liabil- versus security there. I said I thought would want to see, and I am grateful to ity protections and the anti-trust pro- one of the things we should always do my colleagues for giving me a few mo- tections which that particular kind of is have a time that forced us as a Con- ments here to speak. sharing would allow. Of course, gress to revisit any of the laws we have I yield the floor. throughout this whole debate, there looked at in recent years to be sure we has been much discussion about how protect ourselves and protect our lib- f we protect our liberty in an informa- erty at the same time. This is a vol- RECESS tion age. How do we have both security untary bill. Maybe that wouldn’t have The PRESIDING OFFICER. Under and liberty? been quite as absolutely necessary the previous order, the Senate stands Having served for a number of years here, but I was pleased to see that re- in recess until 2:15 p.m. on both the House Intelligence Com- quirement again added to this bill, as Thereupon, the Senate, at 1:01 p.m., mittee and the Senate Intelligence it has been to other bills like this. recessed until 2:15 p.m. and reassem- Committee, having served on the This is a responsible bill. The people bled when called to order by the Pre- Armed Services Committee in the last the Presiding Officer and I work for siding Officer (Mr. PORTMAN). Congress and in this Congress on the can feel good about the responsible bal- f Defense Appropriations Committee, ance it has. It defends our security, but there is no argument in any of those it also protects our liberty. I look for- CYBERSECURITY INFORMATION committees that one of our great vul- ward to its final passage today. The de- SHARING ACT OF 2015—Continued nerabilities is cyber security and how bate would lead me to believe, and the The PRESIDING OFFICER. Under we protect ourselves. votes would lead me to believe, that is the previous order, the time until 4

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Let me first com- why I have supported some of the or what other agencies knew simply mend the sponsors, Senator BURR and amendments before us, I think they didn’t get shared—stovepiped—because Senator FEINSTEIN, for their extraor- have done a significant job in improv- we did a lousy job of sharing the real dinary work. ing the bill and providing privacy pro- story, the full truth on what was being This bill will help ensure greater tection. plotted, what was going to come down sharing of cyber threat information, I do want to draw my colleagues’ at- and literally take thousands of lives in more rapidly and broadly, across indus- tention to one important additional one day and change in many ways our try and government. As we have seen fact here, which in some cases has been country—in profound ways that still with large-scale attacks against the largely overlooked. The cyber informa- exist today. ‘‘Stovepiping’’—I have Federal Government and companies tion sharing system established by this heard that word a hundred times in such as Sony, there is an urgent need bill will require Federal dollars to im- hearings and before our committee and to start addressing these breaches. plement. Many of the agencies in- in talking to folks in the 9/11 Commis- While such legislation is not going to volved—the Department of Homeland sion. The legislation that we passed on eliminate our cyber security chal- Security being the primary portal for the heels of that disaster was designed lenges, it should materially help to de- shared threat indicators—are funded on to make sure we didn’t end up feat and deter cyber attacks and assist the nondefense discretionary side of stovepiping again with intelligence in- law enforcement in tracking down and the ledger. This is an example of why I formation that might lead us to avert prosecuting cyber criminals. Informa- and many of my colleagues have been that kind of disaster. So far, it seems tion sharing will also assist the intel- urging for sequester relief for both de- to be working and is much needed, and ligence agencies and law enforcement fense and nondefense spending—be- I think it has been helpful. to detect and trace the attacks origi- cause we cannot defend our homeland Today, I want to talk about a dif- nating from foreign actors, which is a without funding nondefense agencies ferent kind of stovepiping that I am crucial step in holding other countries such as the Department of Homeland afraid we may end up with—not to accountable. Security and a host of other key Fed- avert or block an aviation takeover of Many of our citizens and corpora- eral agencies. Indeed, I am encouraged an aircraft and disasters involving the tions are understandably concerned that we are close to voting on a budget aviation sector but a disaster in cyber about the impact of information shar- solution that will provide 2 years of se- space in the face of cyber threats to ing on privacy. But we also must recog- quester relief on a proportionally equal our country. nize that rampant cyber crime is a basis for defense and nondefense spend- We are working here today and will monumental threat to the privacy of ing, and that protects the full faith and be voting later today on an amendment the American people, and that sharing credit of the United States by taking or two and then on final passage of the information about these criminal acts the threat of default off the table until Cybersecurity Information Sharing cannot only protect privacy but also March of 2017. Act. Again, just to remind everybody, protect our public safety and national For this reason, I look forward to the reason why we are considering this security. final passage of this legislation. I once is there needs to be a better sharing of With respect to the specific privacy again commend the principal authors, information when businesses come protections in the legislation before us, Senator BURR and Senator FEINSTEIN, under cyber attack from those within the managers of this bill have come a for their extraordinary effort. our country, outside of our country, long way toward improving the balance I yield the floor. cyber nations, and criminal organiza- between security and privacy protec- The PRESIDING OFFICER. The Sen- tions. We need to do a better job of tion, especially the changes made to ator from Delaware. sharing that information—business to the base bill by the managers’ sub- AMENDMENT NO. 2581, AS MODIFIED business and business to government— stitute. Mr. CARPER. Mr. President, I want and for the government to share that A major area of concern was whether to go back in time a little more than information within the government to the government should be authorized 12, 13 or 14 years ago, to 9/11. One of the agencies that need to know so we can to use information shared under this lessons learned by the committee on respond to those attacks. bill to investigate or prosecute a host which the Presiding Officer and I serve, Shortly after the 9/11 Commission of crimes unrelated to cyber security. now the Homeland Security and Gov- recommendations were enacted, one of Now the bill is more narrowly tailored ernmental Affairs Committee, was the things that we did was we stood up and focused on using information gath- learned from former Governor Tom a new department called the Depart- ered under this bill to go after crimes Kean of New Jersey, cochair, along ment of Homeland Security. It is a ci- that are specifically related to cyber with former Congressman Lee Ham- vilian agency, as we know. It is not the security. ilton from Indiana, former chair of the Department of Defense. It is not the The managers’ substitute also adds a House Foreign Affairs Committee. Department of Justice. It is not the requirement that the information shar- They were the cochairs of the 9/11 Com- FBI, and it is not the National Secu- ing procedures, required to be issued mission. One of the things they rity Agency. It is a civilian organiza- under this bill, include a duty to notify brought to our committee and to the tion. individuals when the Federal Govern- Congress, after a lot of work by a num- When the Department of Homeland ment shares their personally identifi- ber of good men and women who served Security was created, one of the ideas able information, or PII, erroneously. on that commission, was the root behind it was that it would not be just The managers’ substitute also in- causes for how that disaster occurred: a civilian operation, but it would be a cludes an improved reporting require- How could those four aircraft take civilian operation that could receive, ment that will show the number of no- down the Twin Towers, crash into the from businesses and from other govern- tices sent because the government im- Pentagon, and crash into a field in mental entities, information relating properly shared an individual’s PII and Shanksville, PA, instead of this build- to cyber attacks. That information the number of cyber threat indicators ing right here? How could that have could come through a portal—think shared automatically and, in addition, happened? about it; almost like a window— the number of times these indicators There are a number of reasons why it through which those threat indicators were used to prosecute crimes. happened. But one of the reasons why would be reported. Those threat indica- So the managers’ substitute has it happened is that we had stovepiped tors would come through that portal at come a long way toward being more our intelligence services. What the the Department of Homeland Security. protective of individual privacy, and I folks over at the FBI knew wasn’t nec- The Department of Homeland Security

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I also strongly government entities—Social Security STEIN, I, and others have worked on, we support Leader MCCONNELL’s com- numbers or other personally identifi- have it going through the Department panion resolution to block the regula- able information or information that of Homeland Security is because, more tions targeting new power limits. just shouldn’t go to other Federal than any Federal agency, they are set As I was thinking about the speech agencies or other businesses. They up to do privacy scrubs. That is one of today and as I rise to give this speech, would strip it out—not in a week, not the things they do, and, frankly, they I realize I have said many of these in a day, not in an hour, not even, in do it really well. Their job is to then same words so many times before. I many cases, in a minute, but just like spread that information and share that have expressed the same frustrations that—immediately—real-time privacy information back to the private sector, and spouted off similar statistics. What scrub. in some cases, and in other cases, just is the difference this time? The dif- As the Presiding Officer knows, we with relevant agencies—NSA, FBI, De- ference is we have already seen the tried for years to be able to enact legis- partment of Justice, Treasury, whoever devastating effects and the callous na- lation that incentivizes businesses that else needs to know that information. ture of regulatory overreach. We know have been victims of cyber attacks to As part of the authors of the legisla- what the new reality would be. The share that information with one an- tion, I join them in this. Our fear is if new reality would be what we are fac- other, with other businesses, and with the information isn’t shared with the ing with these new carbon regulations: the Federal Government. A bunch of Department of Homeland Security, the reality of the families, the faces, them have been reluctant to do it. which will then broadly share it in and the hardships that we have already Some of them have been reluctant to real-time and share that information endured; the thousands of layoffs in my do it because they don’t want to get with those who need to know it, and if State of West Virginia that have al- sued. If they disclose that they had a it ends up that the FBI or, frankly, any ready been issued; the jobs that have breach and maybe their competitors other agency that doesn’t have that been lost and will never come back. Just this morning, nearly 200 West didn’t, how would that be used against ability to do a great privacy scrub Virginia coal miners in Randolph maybe, that doesn’t have maybe the them? How could they be named in County were informed that their jobs mission to immediately share that in- lawsuits if attacks occurred? will be gone by . Think about So in order to get them to be willing formation in real time to other rel- how those families will spend their to share information, we had to incent evant players, then the news—the word Christmas holiday. Then consider how them. And the way we decided to about that cyber attack—could lit- those realities will be magnified and incent them is to say: Share the infor- erally stay at that agency—the FBI or felt throughout many households mation. You don’t have to worry if you the Secret Service, for that matter. We across the country if these carbon share it with the Department of Home- don’t want that to happen. We don’t mandates move forward—the higher land Security through the portal estab- want to see that information electricity bills that will result, the lished in this civilian agency. Share it stovepiped in one agency. We want to squeeze that already is squeezing with the Department of Homeland Se- make sure that it goes to one agency struggling middle-class families who curity, and you have liability protec- that does the privacy scrub. We want are living on fixed incomes, and the tion or, as it turns out, if you already to make sure the agency that does the squeeze that those who live on fixed in- shared it previously, if it has been privacy scrub shares that information comes will feel. Our most vulnerable shared previously with the Federal in real time with relevant Federal will bear the burden. Consider the far- Government, you can share it again agencies and the private sector. reaching effects these regulations will and still enjoy liability protection. You I probably shouldn’t pretend to speak have on schools that are now seeing can share it with companies that are for Senator FEINSTEIN and Senator their budgets shrink, home values that victims of cyber attacks, share it with BURR. They will be here to speak for are now on the decline, and fewer dol- their regulator, and still enjoy liability themselves. But I know they share my lars that are available for public safety protection. concerns about this legislation. I ask, and law enforcement. What we want to do is to make sure on behalf of them, and, frankly, for It is reality that the policies ema- companies and businesses that are others of us who believe that this is a nating from this government—from our hacked don’t just sit on the informa- dangerous amendment—and I don’t say government—are causing this destruc- tion, that they do something with it. that lightly. We have worked really tion. This is not a natural disaster. This is a saying we have on Amtrak: If hard. We have worked really well This is not a fiscal crisis. This is not an you see something, say something. If across the aisle—literally for months uncontrollable event but a carefully something happens to a business—a now—to get to this point. To use a crafted, precise, and very meditated as- cyber attack intrusion—we want them football analogy, we are not just in the sault on certain areas of the country. to share it so other businesses and red zone passing this legislation; we These are policies that help some other Federal agencies can be prepared are on the 10-yard line, and it is first States and truly hurt others, policies for it, look out for it, and stop it. down and goal to go. Let’s not muff the that target States like West Virginia Where does this take me? This takes play. Let’s get the ball to the end zone. and North Dakota where we produce me to an amendment that we are going Let’s pass this legislation. Let’s vote some of the most reliable and afford- to be voting on later this afternoon of- down the Cotton amendment, and let’s able energy, and policies that are rip- fered by one of our colleagues, Senator go to conference. Let’s go to conference ping the American dream away from COTTON. It would, I fear, risk revisiting and provide the kind of protection families in my State and communities. stovepiping—not the kind of against cyber attacks that this coun- Our families want and deserve healthy, stovepiping that led to the disaster of try desperately needs and deserves. clean air and water, and they want to 9/11 but stovepiping that could lead to I yield the floor. live in a great environment. But poli- cyber threats—threat indicators shared The PRESIDING OFFICER. The Sen- cies from Washington that pit one with the Federal Government but not ator from West Virginia. State against another and prioritize with the Department of Homeland Se- CARBON REGULATIONS certain communities and certain jobs curity, which receives these threats Mrs. CAPITO. Mr. President, today I over others are bringing the livelihoods and immediately disburses them to rise on behalf of West Virginian work- of many to a halt. On behalf of Ameri- other agencies that have a need to ers, families, communities, and all cans across the country, Members of know. But what the Cotton amendment hardworking Americans who will bear Congress now have the opportunity to would do is that it would say that a the burden of these onerous carbon express our concerns with these carbon business that is a victim of a cyber at- mandates. The bipartisan resolution of mandates. We have an opportunity to tack could share with the FBI, could disapproval, which I have introduced weigh in about whether these burden- share with Secret Service, but wouldn’t with my colleague Senator HEIDI some regulations should go into effect.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.034 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7513 I believe that a majority of my col- risdictional reach but something that to our utilities and our regulators. leagues understand the need for afford- people started rolling up their sleeves This final rule was so vastly different able and reliable energy, and that is saying if we have to reduce by 11 per- from the rule that was proposed, it was why I am confident that Congress will cent, how are we going to do it and how almost laughable that EPA said it pass these resolutions and place this are we going to meet this challenge? wasn’t in any way informed by any real critical issue of America’s economic fu- That is the North Dakota way, to not input or any real comment. How can ture squarely on President Obama’s only fight for our rights but also look you take a utility and a State from 11 desk. With the international climate at what the alternatives are. Unfortu- percent to 45 percent and not reissue negotiations in Paris scheduled for De- nately, when the draft rule went from that rule? How can that be the move- cember, the world is watching whether an 11-percent to a 45-percent reduction ment in the final rule? the United States will foolishly move in the final rule, that was the straw I think this final rule is a rule that forward with regulations that will do that broke the camel’s back. jeopardizes close to 17,000 good-paying virtually nothing to protect our envi- I am trying to do everything I can to jobs in my State. It provides power for ronment and will tie one hand behind push back against EPA’s burdensome rural communities that otherwise our back economically. Even if the powerplant rules to find workable solu- would struggle for affordable, reliable President vetoes these resolutions— tions so North Dakotans can continue baseload power. We have some of the and we recognize the likelihood that he to have low-cost, reliable electricity. lowest power costs in the country be- will—passing them will send a clear This CRA is one of the many different cause we have some of the best utilities message to the world that the Amer- avenues I am taking to make sure that in the country, which are always look- ican people do not stand behind the North Dakota is treated fairly. ing out for the consumer at the end of President’s efforts to address climate I want to talk about what is unique the line. change with economically catastrophic about North Dakota. In fact, a lot of North Dakota has never stepped regulations. the generation that happens in North down from a tough challenge, espe- I am pleased to be joined by several Dakota is generation that is generated cially when the challenge is fair, the colleagues on the floor who understand by rural electric co-ops. These co-ops goal is attainable, and the timeline is the need for affordable and reliable en- own and operate about 90 percent of achievable, but that is not this rule. ergy. I would like to recognize Senator the State’s coal-based generation fa- The goal is not fair, the challenge is HEITKAMP. cilities, and they provide electricity to not fair, the goal is not attainable, and I ask unanimous consent to engage in rural areas that in the past other utili- the timeline is unachievable in my a colloquy with my colleagues for up to ties would not serve, not just rural State—unachievable. That is not any- 30 minutes. areas in North Dakota but rural areas thing the Clean Air Act ever antici- The PRESIDING OFFICER. Without all through the region. These are peo- pated—that we would set a goal with objection, it is so ordered. ple at the end of the line, as we call no feasible or possible way of meeting Ms. HEITKAMP. Thank you, Mr. them, the very people that this rule that goal, given current technology. President, and thank you to my great will most impact and that EPA and Yet that is the position we are in. colleague from the great State of West this administration failed to consider At the end of the day, what matters Virginia, a State that has been when they made this final rule. most is making sure that our utilities powering America for many years—in North Dakota’s utilities are heavily can do their jobs, making sure that fact, from the very beginning. My invested in coal-based generation for a when a North Dakotan or a South Da- thanks go to all of the great workers good and historic reason. I think this is kotan or someone from Wyoming or and coal miners in her State who have an important point to make because a Colorado, where we deliver power—and added to our economic opportunity, lot of people may say: Well, what is the certainly those in Minnesota—reaches not just for the people in West Virginia difference? You can fuel switch. But at over to turn on that light switch, re- but for the people of an entire region. the time our electric co-ops built these gardless of the time of the day, that That is one thing we forget—that in generation facilities, they used coal be- light comes on. That is called baseload America a great miracle happens every cause it was against Federal law to use power. People who think this is easy, day. We turn on a light switch and the natural gas. The fuel use act made it il- people who think this is just switch lights come on. If that doesn’t happen legal to use natural gas for power gen- fuels or switch technology, have never or if it is too expensive to turn on that eration, virtually forcing these power sat in a boardroom as I have and lis- light switch, we will not be the country companies to make the investment tened to the challenges of putting that that we are. With this regulation, I that they made in this fuel source of electron on that wire. think what we have done is cede the coal. Now, after making billions of dol- I stand with my colleague from West all-important role of electrical secu- lars of investments to meet the man- Virginia and my colleague JOE rity and energy security to an environ- dates under the fuel use act and to MANCHIN here on our side of the aisle mental agency that does not have the meet the numerous emissions stand- saying enough is enough. This is a experience or expertise to understand ards that have been put forth by EPA, problem we need to address. Maybe what it takes to get an electron in the the administration once again is that is the difference in how we look at wire. straining these assets, causing them in this. This is an issue that we can tack- I am proud to stand today with my many cases to be stranded. If the ad- le and achieve results over time, but colleague Senator CAPITO and intro- ministration were willing to pay fair this rule is wrong. It is wrongheaded. It duce a bill to roll back the EPA rule on market value to strand these assets, will, in fact, cause huge disruption to carbon emissions—that rule which then maybe we could have a discussion, the economy of my State and the econ- threatens the supply of abundant, af- but I don’t see that deal on the table. omy of the middle of this country. We fordable, and reliable electricity in These utilities built, modified, and ret- have to do everything we can to pre- North Dakota. I pledge to register my rofitted all at great cost and according vent this rule from becoming a reality. displeasure through multiple channels. to Federal law at the time, and now Thank you for letting me join you, This legislation today is the most pub- they are threatening the very existence the great Senator from West Virginia. lic way of expressing not just my frus- of this generation. We have two great Senators from West tration but the frustration and concern These assets are not just critical to Virginia here. of my State regulators and my State North Dakota. Our coal-based genera- I yield the floor. utilities. tion provides dependable, affordable, The PRESIDING OFFICER. The ma- Although this rule will have dra- reliable baseload electricity to millions jority leader. matic consequences across the country, of people in the Great Plains with Mr. MCCONNELL. Mr. President, it unfairly targets North Dakota utili- roughly 55 percent of electric power there is a war on coal in America—a ties. During the original draft rule, generated in North Dakota being war on coal in America. The leader is North Dakota’s allocation was 11 per- shipped outside our border. the President of the United States. A cent. This is not something we were When this final rule came out, I sim- number of us were in the Senate in 2009 happy with given the extent of the ju- ply said that it was a slap in the face and 2010, and the administration

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.035 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7514 CONGRESSIONAL RECORD — SENATE October 27, 2015 couldn’t pass their cap-and-trade pro- selves on the back for doing something Montana, we have this new energy— posal through the Senate. They had 60 even if they accomplish hardly any- and maybe it is commercial hydrogen, votes in the Senate. The President and thing at all, except hurt a whole lot of which will be water vapor—that is won- his party had 60 votes in the Senate, Americans. Higher energy bills and lost derful. We will figure a way. We will but they couldn’t pass the cap-and- jobs may be trivial to some folks out embrace that. We will figure a way to trade proposal through this body, so on the political left—not their jobs; make it. We will do something. We will they decided they were going to do it they don’t care—but it is a different diversify. That is not the case. The anyway. They decided they were going story for the middle-class Kentuckians case is simply this: This country has to do it anyway. whom I represent. depended and will depend—even by this As the two Senators from West Vir- So here we have on the floor Sen- administration’s admission, this coun- ginia can attest, we have a depression ators from both parties who are saying try will depend on fossil fuel for at in central Appalachia, created not be- it is time to take off the ideological least the next three decades. It is in cause of anything we did here in Con- blinders and instead think about those the EIA report. They are going to have gress but because of the President’s who have already suffered enough over to have it. Baseload, as the Senator zeal to have an impact worldwide on the past few years. We have worked to- from North Dakota said, is simply this: the issue of climate. I suspect that gether to file bipartisan measures that something that will give us power 24/7, even if we follow this path all the way would overturn the administration’s day and night, rain or shine. There are to the end, this effort by the United two-pronged regulations. I have joined only two things in the world that can States would have about as much im- with Senator HEITKAMP and Senator do it: coal and nuclear. Gas is coming pact as dropping a pebble in the ocean. CAPITO on a measure that would ad- on and gas will be a baseload when the Yet we are paying a real price for it dress one of those prongs, the one that distribution lines and the pipelines are here at home. Eastern Kentucky looks pertains to existing energy sources. there to provide it. Right now it is not, like the Dust Bowl during the thir- Senator MANCHIN is here on the floor but it is coming on strong. ties—no jobs, no opportunity, no fu- and joined me as I introduced a meas- Just look no further than Japan. ture, not as a result of anything we ure that would address the other prong, Japan was mostly moving toward nu- passed through the people’s elected the one that pertains to new sources. clear. Fukushima happens. When that representatives but by this sort of ar- These bipartisan measures together happened, Japan had to change. What rogant, singlehanded messianic goal to represent a comprehensive solution. As did they do? They changed to coal. But deal with worldwide climate. I said, I am pleased to be joined here on they decided the new plants they would Our options to stop it are quite lim- the floor by Senators from West Vir- build would be ultra super critical. ited. We do have the possibility of the ginia and North Dakota. Senator That means 40 percent efficiency, burn- Congressional Review Act, but the DAINES from Montana is here—another ing at the highest levels to reduce the weakness of that obviously is that even important coal State. The chairman of emissions. They are moving in tech- though we can pass it with a simple our Environment and Public Works nology ways. majority, he is likely to veto it. Committee, Senator INHOFE, is here, Now, what does the plan that we are We are here today to stand up for our and some have already spoken and talking about and we have our col- people, the ratepayers of America, and some will speak after me. I am proud leagues talking about—existing source, not only the ratepayers—90 percent of and pleased to be here on the floor with which means they can’t continue with the electricity in Kentucky comes all of my colleagues standing up for what we have today, and new source, from coal—but the communities that our aggrieved constituents who have which means any new plant has to be have been devastated by this. I have been mightily abused by this adminis- built to certain standards. Carbon cap- never seen anything like it. I heard my tration. ture sequestration has not been proven parents talk about what the Depression I yield the floor. commercially, not at one plant in was like. It sounds and looks a lot like The PRESIDING OFFICER (Mr. America. Yet these rules are based on the stories they told me about America PERDUE). The Senator from West Vir- using carbon capture sequestration. in the 1930s. ginia. All we have said—some of us have This is a venture that will have no Mr. MANCHIN. Mr. President, first of said this: Why don’t you at least dem- impact on the issue for which it is all, I want to thank my colleagues, onstrate that you can have that type of being pursued but is having a dev- Senator MCCONNELL, Senator CAPITO, commercial operation and that it can astating and current adverse impact on who is my colleague from the State of withstand 1 year under commercial the people we represent. West Virginia, Senator DAINES, Sen- load and show us those are the new We have representatives from both ator INHOFE, and my good friend Sen- limits you want us to meet? That, to parties here on the floor today working ator HEITKAMP. me, is reasonable. toward overturning the administra- This is a bipartisan approach. Not Let me tell my colleagues this: If you tion’s deeply regressive energy regula- often do we see a bipartisan effort, a bi- were in the business of producing tions. These regulations are going to partisan colloquy on the floor of the power and you desired not to do that ship more middle-class jobs overseas. I Senate anymore, and there should be even though we had technology, then told my constituents last year: Coal because we all have the same interests. you would have to close your plant. I has a future; the question is, Does coal Basically, how do we provide afford- understand that. That is not the case. have a future in this country? The In- able, dependable, and reliable energy? They can’t show us technology and dians and the Chinese are not going to That is what this country was built on. show us that it has a commercial fea- give up their future by not using this We have defended this country by hav- sible pathway to be able to perform and cheap and abundant source of power. ing resources that we could use to basi- provide the energy we need. There is no The Germans—one of the greenest cally defend ourselves, and that re- way they can do it. countries in Europe—are now import- source has come from what the Good So I have said this: If it is ing coal. So coal has a future. The Lord gave us. Coal has been in abun- unobtainable, it is unreasonable. That question is, Does it have a future here dance in the United States of America. is all. Don’t expect me to do something after this administration? We have fought every war, we have de- that has never been done. If the Fed- My folks can’t even put food on the fended, we have energized, and we have eral Government says: Fine, we have $8 table. The ones who can find a job built a middle class unlike at any time billion lying down at the Department somewhere are leaving. The population in the history of this world. of Energy—$8 billion that hasn’t been continues to decline. So now it comes to the point where tapped—does that not tell us some- As I said earlier, it is not going to there is a group—basically the ones on thing? have much of an impact on the envi- an ideological pathway—who says we The private sector has not stepped up ronment of our planet. This isn’t going can do it differently. If someone came to take those types of loans and to use to do anything meaningful to affect to me and said: We have this new great those types of loans to find the new global carbon levels. It just seems that energy, and I am sorry, West Virginia technology for the future because they someone wants to be able to pat them- and North Dakota and Oklahoma and don’t believe the administration wants

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We are not going to stand by and is interesting I would say that because pect these plants, 30 years from now— say we are not going to fight for that. we tried to get the EPA to come in and if they are expecting to get commercial We are not only fighting for a way of testify as witnesses as to how the power, electricity, fill the grid with life for West Virginia, we are fighting President plans to move to the percent- power coming from coal for the next 30 for a way of life for this country. age of power that is going to be gen- years—most of our plants average 50 This country depends on energy we erated by the year 2030 by renewables, years of age. They can’t produce the have been able to produce. We have al- and they won’t testify because they power they are going to produce—that ways depended on our little State. don’t have a plan. They don’t know we will need for this country to have North Dakota, now one of the best en- how they are going to do it. for 30 more years. An 80-year-old plant ergy-producing States we have in the The CRA is significant because there just won’t do it. So that means they country—Montana, Wyoming, Okla- are a lot of people in this case who come off the line, off the grid. When homa—we have been the heavy lifters. would be the liberals in this body who that comes off the grid, what we call We will continue to work for this great like the idea of being overregulated, dependable, reliable, and affordable en- country. We just need a little help. who like the idea of having the regu- ergy goes away. It goes away. That is all we are asking for. lators run our lives, and they are the I have said this: Someone needs to re- So I would say, ask the question: ones who would love to go home when spectfully ask our President, this ad- What would the country look like to- people are complaining about the cost ministration, the EPA, the DOE: If for morrow? The standards they are set- of all of these things and they can say: the next 90 days not another ton of coal ting are basically unreasonable, totally Well, wait a minute. Don’t blame us. was delivered to a coal plant in Amer- unreasonable, because they are That was a bureaucrat who did that; ica—not another ton of coal because— unobtainable. that wasn’t me. and I have said this to the administra- The impact is going to be dev- Well, this forces accountability, and tion. They have been very eloquent in astating, basically. The system is these guys don’t like it. I can assure basically telling the American people: going to be to the point to where we you right now that we are going to give We don’t like coal, we don’t want coal, can’t depend on it, it is not reliable, everyone an opportunity to weigh in on and we don’t need coal. If those were and we don’t have the power of the fu- what these issues are. They would the facts, then make sure you tell the ture yet. Maybe our children or grand- much prefer to go home and say: I American people, if they didn’t have children might see that. I hope so. But know we are overregulating and I know coal for 90 days, what the United until the time comes where we are it is destroying the States—whatever States of America would look like. going to transition from one to the the States happen to be—but it wasn’t Just tell me what it would look like. other, make sure it is a smooth transi- me, don’t look at me. Ask anybody what it would look like. tion. Make sure it is a dependable tran- Now we are going to see who is re- The lives of 130 million people would be sition. Make sure it is one that keeps sponsible because what is going to hap- in jeopardy tomorrow—130 million peo- this country the superpower of the pen is we are going to have a vote. The ple. This system could collapse. The world. If we don’t, I guarantee we will vote is going to take place, and I think east coast could be dark. Now, you tell be the last generation standing as a su- our leader is correct when he says the me how you are going to fill that in. perpower saying that we are energy President will probably veto this. If the And if you are not willing to be honest independent; we are not fighting wars President vetoes it, it comes back for a with the American people and tell around the world basically for the en- veto override, and then people will them that, don’t make them believe ergy this country needs. We have the know who is for it and who is against there is something that is not there, ability to basically take care of our- it. So I think a CRA has another great that you can run this off of wind and selves. We can be totally independent value. It forces accountability by peo- solar. with energy if we have an energy pol- ple who are answerable to the public. We have a lot of wind in West Vir- icy that works, but it has to be real- On the issue we are discussing today, ginia, and we are proud of that. I will istic. This is not. the interesting and the consistent pat- give an example. My colleagues will re- That is why I totally oppose this new tern we have is that what this Presi- member the hottest days this past power plan which is coming out. It is a dent does is he gets the things they summer, that very hot spell we had, 90 shame that we have to rely on the tried to do through over—through leg- to 100 degrees. We have 17 acres of a courts to protect something we should islation, and those things that fail wind farm on top of a beautiful moun- be doing in the Halls of this Senate. It through legislation he tries then to do tain in West Virginia, 560 megawatts. is a shame that the courts have to step by regulation. We have a coal-fired plant sitting in to protect us. Let me give you an example. Another there, the cleanest super-critical coal- With that being said, I yield the issue—not the issue we are talking fired plant on Mount Storm, 1,600 floor, and I thank my colleagues for about today—is the WOTUS issue, the megawatts. Guess how many being here on this important issue. waters of the United States. Histori- megawatts of power the wind produced The PRESIDING OFFICER. The Sen- cally, it has been the States that have during the hottest times of the summer ator from Oklahoma. regulations over the waters except for when we needed the power. Two Mr. INHOFE. Mr. President, first of navigable waters. Well, of course, lib- megawatts. Two. The wind didn’t blow. all, I appreciate the fact that my col- erals want everything in Washington. It was so hot and stagnant, it didn’t leagues from West Virginia, North Da- So 5 years ago a bill was introduced, blow. That poor little coal-fired plant kota, Kentucky, and Montana—all of and the bill would have essentially was giving it everything it had to try us are getting together on this in a bi- taken the word ‘‘navigable’’ out so that to produce the power the Nation need- partisan way. I think it is worth re- the Federal Government would have ed. peating, to make sure everyone under- control over all the waters in my State I am just saying the facts are the stands where we are on this, what a of Oklahoma and throughout America. facts whether we like them or not. So CRA is. The CRA is the Congressional Two of them introduced a bill, one was when this plan comes out and says that Review Act. It is an act that allows an Senator Feingold of Wisconsin and the any new coal-fired plant being built elected person who is answerable to the House Member was Congressman Ober- has to be—you can basically be assured public to weigh in on these decisions star from one of the Northern States. I they are not going to build any. When that are made by the President—who don’t know which one it was. They in- they are saying existing plants have to can’t run again for office—and by the troduced a bill to take the word ‘‘navi- meet certain standards, they won’t in- unelected bureaucrats who are destroy- gable’’ out. Not only did we over- vest and try to hit a moving target. ing this country. whelmingly defeat the legislation, but So now what happens? For the 35 to As was pointed out by the Senator the public defeated the two of them in 40 percent of the power you are telling from Kentucky, I do chair the com- the next election.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.038 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7516 CONGRESSIONAL RECORD — SENATE October 27, 2015 Now the President is trying to do in Mexico. The problem we would have This will leave President Obama di- what he was not able to do through leg- there is, yes, we might lower our CO2 rectly responsible for skyrocketing en- islation through regulation. The same emissions in the United States. How- ergy bills, a loss of tax revenue for our thing is true—the Senator from West ever, those other countries will not, schools, teachers and our roads and the Virginia is right when he talked about and it could have the effect of increas- unemployment of thousands of hard- what they are trying to do. It is very ing, not decreasing, CO2 emissions be- working Americans. The President ig- interesting when you look at this bill. cause as we chase our manufacturing nores the fact that more than half of We are talking about the emissions of base overseas to places they don’t have Montana’s electricity comes from coal, CO2. The first bill that was introduced any restrictions, we would have the ef- as do thousands of jobs and $120 million was in 2002. It was the McCain-Lieber- fect of increasing it. in tax revenue every year. man bill. We defeated that. The next So I am just saying I appreciate the In fact, 40 percent of our Nation’s en- one was the McCain-Lieberman bill in fact we are all together on this and ergy comes from coal. When a young 2005, and the third one was the Warren- making the necessary efforts to make person plugs their iPhone or their Lieberman bill in 2008. Then we had the people accountable. I think it might smartphone into the wall and charges Waxman-Markey bill that we never surprise a lot of people as to who it, most likely it is being charged by even got to vote on because nobody was changes their mind on this once they coal. going to vote for it. know they have to cast a vote and be In my hometown of Bozeman, we So what they fail to be able to do leg- accountable. have a Tesla charging station at one of islatively, they are now trying to do I applaud, certainly, my friends from our hotels. Elon Musk at Tesla did an through regulations, and that is why a West Virginia and the other States amazing, innovative job creating elec- CRA is significant because it does force that are involved in this. I think this is tric vehicles, but when they plug those accountability. the right thing to do. Let’s keep in Tesla vehicles into those chargers, Let me make one other statement. mind the Utility MACT—that is the those Tesla vehicles in Montana are This thing about Paris that is going to maximum achievable control tech- likely powered by coal. take place in December. This is the big nology—was the first shock to put coal The facts are that coal production in party that the United Nations puts on under. At that time we did a CRA, and the United States is much safer and every year. It is the 21st year they have we actually came within four votes of less carbon intensive than coal from done this. I can remember when they getting the bill passed, and that was other nations. As had been mentioned, did it in 2009. That was going to be Co- when Republicans were not a majority. this is a global challenge we must penhagen. Several people went over I look for some good things to happen, think about and address. The Powder there at that time. President Obama and I think we are doing what is right River Basin in Southeast Montana has was in the Senate, Hillary was in the and responsible. coal that is among the cleanest in the Senate, PELOSI was there, and John I yield the floor. world. It has lower sulfur content and Kerry went. They went over there to The PRESIDING OFFICER. The Sen- cleaner than Indonesian coal. Shutting tell the 192 countries that were meet- ator from West Virginia. down U.S. coal will have a negligible ing in Copenhagen—the same 192 coun- Mrs. CAPITO. Mr. President, I ask impact on global coal demand and tries that will be meeting in 2 unanimous consent for additional time global emissions. However, it will ulti- months—went over to tell them we so the Senator from Montana can join mately make it more likely that less were going to pass cap-and-trade legis- the colloquy. As he reminds me, the technologically advanced coal produc- lation that year. That was 2009. Senator has the largest recoverable tion techniques will be used around the I went over after they had given their tonnage of coal in the Nation. world. testimony there. I went all the way The PRESIDING OFFICER. Without This is the way to think about it. over to Copenhagen, spent 3 hours, and objection, it is so ordered. The United States consumes about 10 came all the way back on the next Mr. DAINES. Thank you, Mr. Presi- percent of the world’s coal. Said an- flight. I probably had the most enjoy- dent. other way, 90 percent of the coal con- able 3 hours I ever had because I was This administration is shutting down sumption in the world occurs outside able to talk to 192 countries and tell coal-fired powerplants in the United the United States, and the global de- them they had been lied to; that we are States. I thank the Senator from West mand for coal-fired energy will not dis- not going to be passing it. The same Virginia, Mrs. CAPITO, the other Sen- appear even if the United States were thing is going on in December of this ator from West Virginia, Mr. MANCHIN, to shut down every last coal mine and year. and we have Senator HEITKAMP here. every last coal-fired plant. By the way, let me just mention one We had Democrats and Republicans in Again, individuals are entitled to thing that hasn’t been said. There are colloquy talking about what is going their own opinions but not to their own people out there listening to this who on with coal-fired plants and the Clean facts. Here are the facts. Coal use actually believe this stuff, that the Power Plan of this administration. around the world has grown about four world is going to come to an end be- This is what is happening. It is kill- times faster than renewables. There cause of CO2 manmade gases. This is ing good-paying jobs for union workers, are 1,200 coal plants planned across 59 something we have been listening to for pipefitters, for boilermakers, and countries. About three-quarters of for a long period of time. I remember tribal members in my State with these them will be in China and India. China right before going to Copenhagen in so-called Clean Power Plan regula- consumes 4 billion tons of coal per year 2009—at that time the Administrator of tions. At the same time, it is stifling versus the United States at 1 billion the Environmental Protection Agency investment that could lead to innova- tons. China is building a new coal-fired was Lisa Jackson, an appointee by tion to make coal cleaner in the United plant every 10 days, and that is pro- President Obama, and I asked her this States. jected to last for the next 10 years. question on the record, live on TV. I As I travel across Montana, I have In Japan—I used to have an office in asked: If we had passed any of the leg- heard Montanans describe the EPA Tokyo. My degree was in chemical en- islation or the regulations that we are as—a rancher once told me it stands gineering, and I was part of a software talking about passing, would this have for ‘‘Eliminate Production Agri- company with offices around the world. an effect of lowering the CO2 world- culture.’’ A union member recently I remember the big earthquake that wide? She said—now keep in mind this told me it stands for the ‘‘Employment struck Japan—the 9.0 quake. The was an Obama appointee—by the way, Prevention Agency.’’ President Obama Fukushima nuclear reactors were dis- Obama was President at that time and his ‘‘Employment Prevention abled. How is Japan dealing with that? when he went to Copenhagen. She said: Agency’’ continues to wage war on They are building 43 coal-fired power- Well, no, it wouldn’t reduce emissions American energy, American families, plants. By 2020, India may outbuild 21⁄2 worldwide because it just pertains to and on American jobs. This so-called times more coal capacity as the United the United States. Clean Power Plan is an all-out frontal States is about to use. So it is short- This isn’t where the problem is. The assault on affordable energy and good- sighted and misguided to move forward problem is in India, it is in China, it is paying union jobs as well as tribal jobs. on an agenda that is going to devastate

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.049 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7517 significant parts of the economy. It is Mrs. CAPITO. Mr. President, I would municipalities and public corporations going to raise energy prices and de- like to thank my colleagues for joining from restructuring their debt through stroy union jobs and tribal jobs. me in a colloquy, particularly the Sen- the Federal bankruptcy court, some- We are seeing that already in Mon- ator from North Dakota, who is co- thing that is law in all of the States. tana. Earlier this month, in the month sponsoring the Congressional Review That is why we have a bankruptcy law, of October, a customer of the Crow Act legislation with me on existing but there is a glitch that you cannot do Tribe, the Sherco Coal plant in Min- coal-fired powerplants, and certainly that in Puerto Rico. That is simply un- nesota announced it needs to shut my colleague from West Virginia Sen- fair. The people of Puerto Rico should down two units. This cuts off a signifi- ator MANCHIN. We have worked very get equal protection under the law. cant portion of the customer base for well together in a bipartisan way on Both the Finance Committee and the Crow coal. Because the Crow Tribe re- these issues—Leader MCCONNELL, Energy and Natural Resources Com- lies on coal-fired Midwest utilities for Chairman INHOFE, and Senator DAINES mittee have held hearings in the past most of its non-Federal revenue and for from Montana. few weeks about the economic crisis in good-paying private jobs at the I think we have presented a clear pic- Puerto Rico. Two of Puerto Rico’s Absaloka Mine, the unemployment ture of the impact of these rules. So I elected officials, Governor Garcia rate on the Crow reservation today is ask unanimous consent that any time Padilla and Congressman PIERLUISI, in the high 40 percent. Without these spent in a quorum call before the 4 p.m. have testified at these hearings. Both coal mining jobs, that unemployment vote series be charged equally against said that Puerto Rican public corpora- rate will go to 80 to 85 percent. both sides. tions need access to Chapter 9 debt re- Ironically, some of the first impacted The PRESIDING OFFICER. Without structuring. by the Obama administration’s new objection, it is so ordered. It is this Senator’s strong desire that regulations are those who can least af- Mrs. CAPITO. I yield the floor. we see them treated equally under the ford it. You have heard it from Sen- The PRESIDING OFFICER. The Sen- law and that this legislation to fix this ators on both sides of the aisle today. ator from Florida. glitch comes to the floor soon. We also Under the final rule, the Colstrip pow- PUERTO RICO need to help Puerto Rico’s health care erplant in Montana will likely be shut- Mr. NELSON. Mr. President, I want system. The Program in tered, putting thousands of jobs at to talk about the financial crisis that Puerto Rico serves nearly 1.7 million risk. We must take action. We need to is going on in Puerto Rico. We have all residents. It is in terrible shape. In stop these senseless rules. heard about the current situation that 2010, Congress passed the Affordable This past weekend I joined the Mon- Puerto Rico finds itself in. They are Care Act, which provided Puerto Rico tana attorney general, Tim Fox, in suffering. They are having trouble pay- with a $5.4 billion one-time payment to Helena to announce that Montana, ing their bills and their economy is in cover health care costs. That money is along with 23 other States, has filed a shambles. Some people have the atti- set to expire in 2019, but it could even lawsuit against the Federal Govern- tude ‘‘Well, that is not our problem,’’ run out sooner. ment because of Obama’s recent deci- but they are forgetting the fact that Under , Puerto Rican sion. There are currently 26 States— Puerto Rico is part of the United residents are being treated like second- the majority of the States in this States. It is a territory. It is not a for- class citizens. They don’t get the same United States—through three different eign country. Puerto Ricans are Amer- financial support that State residents lawsuits that have requested an initial ican citizens. get for prescription drug coverage. This stay on the rule. If a problem exists in Puerto Rico, it has an effect on their economy, stifling As Leader MCCONNELL mentioned in exists in the United States. It is not their ability to emerge from the crisis, 2010, a Democratic-controlled Congress something we can just ignore. It im- not to speak of the fact that they are could not pass these regulations. The pacts the entire country. If the econ- not getting the health care other people’s House stopped it, but now omy continues to suffer in Puerto Rico, American citizens have. President Obama and the EPA are the people there will just move to an- I remind you, Puerto Ricans are moving forward without the people’s other part of the country. I want to re- American citizens. So this kind of consent. I am thankful to partner with a bi- peat that. If things are bad in Puerto treatment under Medicare flies in the partisan group of my colleagues, Lead- Rico economically, they—Puerto face of the most basic American Ricans—can move to another part of value—equality. That is why several of er MCCONNELL, Senator CAPITO, Sen- us have joined Senator SCHUMER on a ator INHOFE, Senator MANCHIN, and the country. This is not immigration; bill to improve the way Puerto Rico is Senator HEITKAMP, who are speaking this is a move to the mainland. Many out and working to stop this harmful Puerto Ricans are leaving Puerto Rico treated under Medicare and Medicaid. Last week, thankfully, the White rule. I am proud to stand and join them because of it is troubles. House released a set of legislative pro- as a cosponsor of two bipartisan resolu- Happily, many of the people who live tions of disapproval under the Congres- on the island are moving to Florida. posals to help Puerto Rico. Included in sional Review Act that would stop the They are adding to the diversity and that list were some of the bills I have EPA from imposing the anti-coal regu- immense fabric of Florida that reflects mentioned here that I support. I urge lation. the entire country, but our gain in our colleagues to give this problem the Coal keeps the lights on, it charges Florida is Puerto Rico’s loss. There are attention it demands. We should move our iPhones, and it will continue to more than 1 million people in Florida the proposals that we can move in this power the world for decades to come. alone who may have preferred to stay legislative body. We should do it with Rather than dismissing this reality, at home on the island with their haste. There are more than 31⁄2 million the United States should be on the cut- friends and their families. People who people in Puerto Rico. They are U.S. ting edge of technological advance- otherwise would be opening small busi- citizens who, unlike most U.S. citizens, ments in energy development. We nesses or new doctors’ offices in San have no one to represent them in this should be leading the way in using Juan are opening them in Orlando. Chamber and only have a nonvoting clean, affordable American energy. This only hurts Puerto Rico’s eco- delegate in the House of Representa- America can and should power the nomic future. tives. They have no voice here, but world. We can only do it if the Obama We need to give Puerto Rico the tools even with no voice, there are some of administration steps back from the it needs to get its economy back on us in this Chamber who will make sure out-of-touch regulations and allows track. Puerto Rico cannot do that that their voice is heard. We cannot American innovation to thrive once alone. Congress needs to pitch in. I turn our backs on fellow Americans. again. In summary, we need more inno- have joined a number of our col- By the way, when it comes time to de- vation, not more regulations. leagues—BLUMENTHAL, SCHUMER, and fend this country and our national se- Thank you, and I yield back my MENENDEZ—in being a sponsor of the curity, look at the percentage of Puer- time. Puerto Rico Chapter 9 Uniformity Act. to Ricans who sign up for the military. The PRESIDING OFFICER. The Sen- It fixes a glitch in the Federal bank- They are fellow Americans. I ask my ator from West Virginia. ruptcy law that stops Puerto Rico’s colleagues to look deep in their hearts

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.050 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7518 CONGRESSIONAL RECORD — SENATE October 27, 2015 and find a way to come together to posed earlier. Indeed, as you get into For years, Congress has seemed sin- help the island of Puerto Rico, a terri- fiscal year 2017, it raises the budgetary gularly focused on the private sector’s tory, our fellow American citizens, to caps on defense by $15 billion, also a $23 desire for voluntary information shar- get through this troubled time. billion OCO, or overseas contingency ing legislation. While improving the I yield the floor. fund, for the war effort over in Central flow of cyber threat information be- I suggest the absence of a quorum. Asia. tween the government and private sec- The PRESIDING OFFICER. The This is a good program, but the other tor is a laudable goal that I support, it clerk will call the roll. thing this agreement corrects—in the is not a panacea for our cyber security The legislative clerk proceeded to Republican budget, they had only problems. Information sharing alone call the roll. raised money for defense spending, and would not have prevented the major Mr. NELSON. Mr. President, I ask all the other needs of government that breaches of the past year, such as the unanimous consent that the order for need to be appropriated—nondefense breach at the Office of Personnel Man- the quorum call be rescinded. discretionary spending—were kept arti- agement, OPM, or the breaches at The PRESIDING OFFICER. Without ficially low. If you are talking about Sony, Home Depot, or Anthem. objection, it is so ordered. grants from NIH, that was all being Narrowly tailored legislation to fa- BUDGET AGREEMENT limited. If you are talking about cilitate the sharing of technical, cyber Mr. NELSON. Mr. President, since I money for NASA as we get into the threat data could be beneficial, but the see no one is waiting to speak, I might program of going to Mars, all of that Senate Intelligence Committee’s bill offer a couple of comments about the had been cut. If you are talking about lacks certain basic safeguards and proposed budget agreement. We are agricultural programs, all of that had threatens to significantly harm Ameri- still evaluating this, looking at the de- been cut. No matter what program— cans’ privacy. That is why I have heard tails, but first things first. This seems education, the environment, you go on from a number of Vermonters who op- to me to be something we should agree down the list—all of that had been cut. pose the bill and that is why consumer to. It certainly gets us past this artifi- This budget agreement that we will advocacy organizations, privacy and cial debt crisis that would cause the vote on hopefully in the next 2 or 3 civil liberties groups, and major tech- United States to go into economic cat- days does, in fact, raise those budg- nology companies like Apple, Dropbox, aclysmic fits. etary caps for nondefense spending as and Twitter all vocally oppose the bill. If we do not raise the debt ceiling, well as for defense spending. So where The technology companies know first- America cannot pay its obligations it the caps were raised in this first year hand the importance of ensuring our has already incurred. It would be the of fiscal year 2016 by $25 billion for de- cyber security, and they oppose this first time the U.S. Government went fense spending, so too $25 billion for bill because they believe it does little into default. That time has already run nondefense discretionary spending. to improve our cyber security and out, but through extraordinary meas- Likewise, in the next fiscal year, 2017, would ultimately undermine their ures the Secretary of the Treasury has where the caps had been raised $15 bil- users’ privacy. been able to keep the cashflow going, lion for defense spending, likewise, For months, I have worked with Sen- but he is running out of all of his nondefense discretionary and all those ator FEINSTEIN to improve this bill. tricks of the trade next week, Novem- other needs of government, the same She has been receptive to my concerns, ber 3. That is the first thing it would amount—$15 billion. and I appreciate that many of the revi- I will have more to say about this do most immediately. sions that I suggested are now incor- later, but while I have the opportunity, The second thing it would do is it porated into the managers’ amend- I wish to commend to the Senate that would get us over this budgetary im- ment. The managers’ amendment now I think it is certainly in the interests passe of a budget that lays out the makes clear that companies can only off of our country to move forward and blueprint—for the flushing out of that share information for cyber security approve this new budgetary agreement. blueprint, which are the appropriations By the way, I might add as I close purposes, which is an improvement bills. So in the case of the budget, what that an agreement has been hammered from the original legislation. It also had been brought forth was a budg- out between the Republican and the prohibits the government from using etary gimmick of saying we were going Democratic leadership in both Houses, information shared by private compa- to raise the amount of money we need- along with the White House. nies to investigate routine crimes that ed for defense, but it was not going to I yield the floor. have nothing to do with cyber security. meet this arbitrary budget cap that Mr. LEAHY. Mr. President, in to- And it removes a completely unneces- had been set 3 years ago by the cuts day’s digital age, many Americans live sary and destructive new exemption to across the board called the sequester. their lives online. We communicate via the Freedom of Information Act, FOIA, But oh, by the way, we were going to email, use photo sharing and social which had the potential to greatly re- increase that defense spending a little networking Web sites, store documents strict government transparency. These more by creating an additional account in the cloud, and access our private fi- are significant improvements, and I am over and above what we spend overseas nancial and medical information thankful to Senator FEINSTEIN for called the overseas contingency fund, through the Internet. The amount of working with me to incorporate them OCO, and therefore money was going to sensitive electronic data that we create into the bill. be supplied—the increases we need in and store on the Internet is staggering Unfortunately, the Senate Intel- defense—with in fact not increasing and will only continue to grow. We ligence Committee’s bill still has the budgetary caps on spending. know that cyber security is an impor- major flaws. This bill overrides all ex- Well, that was budgetary fakery. tant component of protecting our crit- isting legal restrictions to allow an un- That was budgetary sleight of hand. ical infrastructure. A cyber attack tar- precedented amount of data—including That was not budgetary truth. This geting the electric grid in the North- Americans’ personal information—to agreement stops that for the next 2 east, for example, could have dire ef- flow to the government without ade- years. Two years from now we will fects during a cold Vermont winter. I quate controls and restrictions. It have to face the same thing and get rid know that Vermonters care about needlessly requires all information of this artificial cut across the board. cyber security, and Congress must act shared with the government to be im- That is no way of dealing with trying responsibly to strengthen our ability mediately disseminated to a host of to cut the budget. You ought to be cut- to defend against cyber attacks and Federal agencies, including to the ting the budget with a scalpel, not with breaches. But I also know that NSA. It fails to adequately require a meat cleaver, where you come across Vermonters care deeply about their companies to remove irrelevant per- the board on every program. privacy and civil liberties, and I be- sonal information before sharing with Indeed, what this agreement does is lieve just as strongly that whatever the government. The bill contains it raises the caps on defense in this Congress does in the name of cyber se- broad authorizations that allow compa- first year $25 billion. It allows an OCO curity must not inadvertently under- nies to monitor traffic on their net- increase of $23 billion—and that is con- mine the privacy and security of works with liability protection and em- siderably less than what had been pro- Vermonters and all Americans. ploy ‘‘defensive measures’’ that may

VerDate Sep 11 2014 04:11 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.052 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7519 cause collateral harm to innocent has a Federal regulatory authority, White House for their support for the Internet users. The bill also continues thank goodness, so where a cable com- concept behind my amendment. to include another unnecessary FOIA pany can share with the FCC or an en- I would also like to take a few mo- exemption that will weaken the exist- ergy company can go to the Depart- ments to dispel a few myths about this ing FOIA framework. ment of Energy or FERC, other busi- amendment. The first myth is that the Proponents of the bill have at- nesses are forced to go to the DHS por- Cybersecurity Information Sharing Act tempted to assuage many of these con- tal. Good examples are retailers such creates a single portal at DHS for li- cerns by arguing that sharing under as JCPenney, Walmart, Target, and ability-protected information sharing this bill is voluntary, and if companies Home Depot. with the Federal Government and that do not want to share information with When the trade associations for two the Cotton amendment would create an the government or use the authorities victims of the biggest cyber attacks in unprecedented second channel. in the bill, they do not have to. This recent memory—Target and Home This is false. The bill authorizes mul- bill may be voluntary for companies, Depot—are pleading for this language, tiple liability-protected sharing chan- but it is not voluntary for consumers. we should take notice and incorporate nels with the Federal Government, not American consumers have no say on it. Anything else would be unfair, in- just one, through a broad exception to whether their information is shared equitable, and unwise. the DHS portal that permits certain with the government and ends up in an We ought to give these companies an regulated businesses to engage in li- NSA or IRS database. They may have alternative to the DHS portal. One ability-protected sharing of cyber no recourse if a company needlessly simple reason is that nobody knows threat information directly with any monitors their Internet activity or in- what the portal will look like, how it Federal regulators without requiring appropriately shares their personal in- will function, or how much it will cost that it first pass through DHS. The formation with the government. companies to interact with it. The Fed- Cotton amendment simply provides the Rather than limiting the dissemina- eral Government, after all, doesn’t same flexibility for businesses that al- tion of information in order to protect have the best track record for design- ready have established threat-sharing the private and proprietary informa- ing and deploying IT systems. relationships with the FBI or the Se- tion of Americans and American busi- Healthcare.gov was not exactly a re- cret Service to maintain their existing nesses, this bill goes in the wrong di- sounding success. One could easily channels for sharing and not incur sig- rection by giving companies more li- imagine a company trying to share a nificant costs and delays to establish ability protection and more leeway on cyber threat indicator and getting an new ones with DHS. My amendment is how to share our information. The error message from the portal, just as consistent with this multichannel most effective action Congress can millions of Americans received when sharing approach. take to improve our cyber security is they tried to sign up for ObamaCare. The second myth is that my amend- to pass legislation that requires com- In this case, regulated businesses can ment would harm privacy as it would panies to take greater care of how they just go to their regulator. Private and allow the sharing of cyber threat indi- use and protect our data, not less. And small businesses will be out of luck, cators with the FBI and the Secret we should pass my Consumer Privacy though. This is the primary reason my Service and that the sharing with these Protection Act to require companies to amendment has such strong private agencies wouldn’t happen under the protect our personal information and support. Organizations such as the Na- bill in its current form. help prevent breaches in the first place. tional Retail Federation, the chamber This is also false. Under the current The cyber security legislation before us of commerce, the National Cable & version of the bill, if an entity shares today does nothing to address this very Telecommunications Association, and information through the DHS portal, real concern, so I cannot support it. I many others support this commonsense the FBI and Secret Service will receive fear that this bill will significantly un- amendment. it. My amendment doesn’t change that dermine our privacy, and I urge Sen- The second main reason that entities or the privacy protections in the bill. ators to vote against passage. should be able to share directly with Both with and without my amendment, The PRESIDING OFFICER. The Sen- the FBI and the Secret Service is that the FBI and Secret Service will get ator from Arkansas. the bill is about promoting collabora- cyber threat indicators. Mr. COTTON. Mr. President, I ask tion between the government and the The third myth is that the scrub DHS unanimous consent to speak for up to private sector, as the National Secu- would have to conduct for personally 15 minutes. rity Council says that we should in this identifiable information is not as rig- The PRESIDING OFFICER. Is there tweet: ‘‘More than any other national orous under my amendment. objection? security topic, effective cybersecurity Again, this is not true. The Cyberse- Without objection, it is so ordered. requires the US gov’t & private sector curity Information Sharing Act re- AMENDMENT NO. 2581, AS MODIFIED to work together.’’ I agree. quires all Federal entities receiving Mr. COTTON. Mr. President, today I As Director Comey recently told the threat indicators to protect privacy by speak in support of the Cotton amend- Senate Intelligence Committee, the removing personal information that ment to the Cybersecurity Information FBI has redoubled its efforts to reach may still be contained in them before Sharing Act. My amendment is out to private businesses in this area. sharing with other entities. My amend- straightforward. It simply would pro- This has paid dividends. And there is ment does not eliminate or weaken any vide liability protection to any busi- no entity in the Federal Government of the bill’s privacy requirements, as ness or other private organization that that the private sector trusts more on the FBI and Secret Service are re- shares cyber threat indicators to the cyber security than the FBI. That is quired to protect privacy in the same FBI or the Secret Service. why Sony Pictures called the FBI when way all other Federal entities receiv- In its current form, the Cybersecu- it was hacked by North Koreans last ing threat indicators. rity Information Sharing Act would re- year. Finally, I simply want to note that quire entities to submit these cyber I also have to imagine that is the the House-passed version of the bill threat indicators through a portal cre- main reason the White House endorsed contains a nearly identical provision, ated and run by the Department of my amendment over the weekend when and that bill passed with overwhelming Homeland Security in order to receive they sent out this very helpful tweet: bipartisan support on a 307-to-116 vote. liability protection. But there are also ‘‘If you are a victim of a major cyber To sum up, the Cotton amendment two exceptions that would allow enti- incident, a call to @FBI, has overwhelming support in the pri- ties to receive liability protection out- @SecretService, or @DHSgov is a call vate sector, including companies that side the DHS portal: first, if a submis- to all.’’ My goodness, Susan Rice and I have been victims of cyber crimes. It sion was related to a previously shared stand together in agreement that if would lead to greater information shar- cyber threat indicator, and second, if you are a victim of a cyber incident, ing between the private sector and the the submitting entity is sharing infor- you should be able to call the FBI, the Federal Government. It preserves the mation with its Federal regulatory au- Secret Service, or the DHS. I thank the privacy protections in the bill. When it thority. But not every private entity National Security Advisor and the was included in the House bill, both

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The The amendment (No. 2582), as further The legislative clerk proceeded to question occurs on agreeing to amend- modified, is as follows: call the roll. ment No. 2552, as further modified. At the end, add the following: Mr. BURR. Mr. President, I ask unan- Mr. BURR. I ask for the yeas and SEC. 408. EFFECTIVE PERIOD. imous consent that the order for the nays. (a) IN GENERAL.—Except as provided in quorum call be rescinded. The PRESIDING OFFICER. Is there a subsection (b), this Act and the amendments The PRESIDING OFFICER (Mr. sufficient second? made by this Act shall be in effect during the LANKFORD). Without objection, it is so There appears to be a sufficient sec- 10-year period beginning on the date of the ordered. ond. enactment of this Act. (b) EXCEPTION.—With respect to any action Mr. BURR. Mr. President, what is the The clerk will call the roll. order of business? authorized by this Act or information ob- The legislative clerk called the roll. tained pursuant to an action authorized by AMENDMENT NO. 2552, AS FURTHER MODIFIED Mr. CORNYN. The following Senators this Act, which occurred before the date on The PRESIDING OFFICER. Under are necessarily absent: the Senator which the provisions referred to in sub- the previous order, the question occurs from Texas (Mr. CRUZ), the Senator section (a) cease to have effect, the provi- on amendment No. 2552, as further from South Carolina (Mr. GRAHAM), the sions of this Act shall continue in effect. modified, offered by the Senator from Senator from Kentucky (Mr. PAUL), the AMENDMENT NO. 2581, AS MODIFIED Delaware, Mr. COONS. Senator from Florida (Mr. RUBIO), and The PRESIDING OFFICER. Under The Senator from California. the Senator from Louisiana (Mr. VIT- the previous order, the question occurs Mrs. FEINSTEIN. Mr. President, I TER). on amendment No. 2581, as modified, wish to speak and urge a ‘‘no’’ vote on The PRESIDING OFFICER (Ms. offered by the Senator from Arkansas, amendment No. 2552, known as the AYOTTE). Are there any other Senators Mr. COTTON. Coons amendment. in the Chamber desiring to vote? The Senator from Arkansas. This amendment essentially adds an- The result was announced—yeas 41, Mr. COTTON. Madam President, I other layer of review to the bill’s cur- nays 54, as follows: support this important bill, but I want rent requirements. We worked this out [Rollcall Vote No. 289 Leg.] to strengthen it. in an earlier amendment with Senator YEAS—41 Under the bill, a business receives li- CARPER. This amendment goes further, ability protection by reporting threats Baldwin Gillibrand Peters and it could prevent parts of the gov- Bennet Heinrich Reed to DHS or its regulatory agency, but ernment from quickly learning about Blumenthal Heller Reid many businesses, especially retailers cyber threats at machine speed because Booker Hirono Sanders like Target or Home Depot, don’t have it would require an additional privacy Boxer Klobuchar Schatz a regulator; thus, they must report to Brown Leahy review for any information going Schumer DHS. They have no choice. They must Cantwell Lee Shaheen through the DHS portal. Cardin Markey Stabenow report to DHS even if they have long- Coons Menendez The Carper amendment that I spoke Sullivan standing ties to the FBI, as did Sony Daines Merkley Tester about was adopted as part of the man- Durbin Moran Pictures. Udall agers’ package, which made clear that Flake Murkowski I contend that we should allow these the government should take automated Franken Murphy Warren businesses to choose between the DHS, Wyden steps to ensure that the real-time in- Gardner Murray FBI, and Secret Service. Fortunately, formation sharing system can both NAYS—54 the White House appears to agree with protect privacy and allow for sharing Alexander Enzi McConnell my position. The National Security at the speed necessary to stop cyber Ayotte Ernst Mikulski Council tweeted over the weekend: ‘‘If threats. Because the Coons amendment Barrasso Feinstein Nelson you are a victim of a major cyber inci- Blunt Fischer Perdue will slow down sharing via the DHS Boozman Grassley Portman dent, a call to @FBI, @SecretService, portal, I ask my colleagues to join me Burr Hatch Risch or @DHSgov is a call to all.’’ in voting no. Capito Heitkamp Roberts This amendment wouldn’t undermine The PRESIDING OFFICER. The Sen- Carper Hoeven Rounds Casey Inhofe Sasse the single-point-of-reporting concept ator from Delaware. Cassidy Isakson Scott behind this bill because there is al- Mr. COONS. Mr. President, I rise Coats Johnson Sessions ready an exception for the regulators, today to urge my colleagues to support Cochran Kaine Shelby nor would it impair privacy rights be- Collins King Thune my amendment to make sure that this Corker Kirk Tillis cause those rules apply to the FBI. bill strikes the right balance between Cornyn Lankford Toomey Finally, I would note that the House- privacy and security. Cotton Manchin Warner passed version of this bill includes a I respect the very hard work of Sen- Crapo McCain Whitehouse Donnelly McCaskill Wicker nearly identical provision, and that got ators BURR and FEINSTEIN and the con- 307 votes. structive amendment that my senior NOT VOTING—5 Let’s join together in a bipartisan Senator added to the man- Cruz Paul Vitter fashion, adopt this amendment, and agers’ amendment. I do believe this bill Graham Rubio strengthen the bill. has made significant movement in the The amendment (No. 2552), as further The PRESIDING OFFICER. The Sen- right direction. But I remain con- modified, was rejected. ator from North Carolina. cerned, and my amendment’s purpose The PRESIDING OFFICER. The Sen- Mr. BURR. Madam President, we are is to require that DHS review all cyber ator from North Carolina. almost at the end. This is the last threat indicators it receives and to re- Mr. BURR. Madam President, I ask amendment. move personally identifying informa- unanimous consent that the cloture Unfortunately, I rise to ask my col- tion by the most efficient means prac- motion on S. 754 be withdrawn; that leagues to vote against the amendment ticable. It would not necessarily—ac- prior to the vote on adoption of the of not only my colleague but a member cording to the amendment in the man- Burr-Feinstein substitute amendment, of the Intelligence Committee. This is agers’ package—be required that DHS the managers’ amendment at the desk a deal-killer. I will be very honest. This scrub, unless multiple agency heads be agreed to; and that following adop- kills the deal. One of the thresholds unanimously agree on the scrubbing tion of the substitute, the bill be read that we had to reach was the balance process. My amendment’s purpose is to a third time and the Senate vote on to have one portal that the informa- simply ensure that these privacy passage of the bill, as under the pre- tion goes through. This creates a new

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But if you want The amendment is printed in today’s who has been working to get this bill to stop it dead in its tracks, support RECORD under ‘‘Text of Amendments.’’ passed as much as anyone. He wrote this amendment. If, in fact, you want VOTE ON AMENDMENT NO. 2716, AS AMENDED one of the key changes in the man- to get this across the goal line, then I The PRESIDING OFFICER. The agers’ package to improve privacy as would ask you to defeat the Cotton question is on agreeing to the sub- information moves through the DHS amendment and let us move to passage stitute amendment No. 2716, as amend- portal. He was supported by his chair- of this bill. Let us go to conference ed. man, Senator JOHNSON. He has been a The amendment (No. 2716), as amend- with the House. close partner throughout the process, ed, was agreed to. and I thank him. I yield the floor. The bill was ordered to be engrossed The PRESIDING OFFICER. The I also thank Gabbie Batkin, Matt for a third reading and was read the Grote, and the other members of Sen- question is on agreeing to the amend- third time. ator CARPER’s staff. ment, as modified. The PRESIDING OFFICER. The Sen- Mr. BURR. I ask for the yeas and We had incredible support from our ator from North Carolina. committee. It is a committee of 15—8 nays. Mr. BURR. Madam President, I ask Republicans and 7 Democrats. I thank The PRESIDING OFFICER. Is there a my colleagues for just the next 2 min- Senator COLLINS, who was particularly sufficient second? utes to allow Senator FEINSTEIN and concerned about the critical infrastruc- There appears to be a sufficient sec- me to thank our colleagues for their ture of this country, as well as Sen- ond. help over the last several days as we ators MIKULSKI, WHITEHOUSE, KING, The clerk will call the roll. have worked through the cyber bill. WARNER, HEINRICH, BLUNT, NELSON, and The senior assistant legislative clerk I thank my vice chairman, who has been beside me all the way, and I thank COATS. I know they will help us push called the roll. this bill forward as we go to conference Chairman JOHNSON and Ranking Mem- Mr. CORNYN. The following Senators with the House. are necessarily absent: the Senator ber CARPER for the input they provided. I want to say to committee staff who I greatly appreciate the supporters of from Texas (Mr. CRUZ), the Senator has worked night and day to get us to this bill outside the Senate, to include from South Carolina (Mr. GRAHAM), the this point and to members of the com- the U.S. chamber of commerce and the Senator from Kentucky (Mr. PAUL), the mittee who worked diligently for associations that have endorsed this Senator from Florida (Mr. RUBIO), and months to get this legislation enacted bill, tech companies like IBM and Ora- the Senator from Louisiana (Mr. VIT- that I could not have done it without cle, Secretary Jeh Johnson at the De- TER). you. partment of Homeland Security, and The PRESIDING OFFICER. Are there Now the work begins as we go to con- NSA Directors Keith Alexander and any other Senators in the Chamber de- ference. MIKE ROGERS, and Lisa Monaco and Mi- siring to vote? I turn to the vice chairman. chael Daniel at the White House. The result was announced—yeas 22, Mrs. FEINSTEIN. I thank you very On my staff, I would like to thank nays 73, as follows: much. David Grannis, our staff director on [Rollcall Vote No. 290 Leg.] Madam President, I just want to say the minority side. David has been there YEAS—22 a personal word to Chairman BURR, and for these previous cyber bills, and it maybe it is to everyone in this body. has proven to be a very difficult issue. Boozman Kirk Scott Capito Lankford Sessions One of the things I have learned from David, you are a 10. Cornyn McCain Shelby two prior cyber bills is that if you real- I also thank Josh Alexander. Josh Cotton McConnell Thune ly want to get a bill done, it has to be has been our lead drafter and nego- Fischer Perdue Toomey bipartisan, particularly a bill that is tiator and knows these cyber issues Grassley Portman Whitehouse Inhofe Rounds technical, difficult, and hard to put to- better than anyone. He has been tire- Isakson Sasse gether, and a bill where often there are less on reaching agreement after agree- NAYS—73 two sides. I thank you for recognizing ment on this bill, and is, as much as anybody, responsible for today’s vote. Alexander Enzi Moran this. We stood shoulder to shoulder and Ayotte Ernst Murkowski the right things happened, and now we I would also like to thank my former Baldwin Feinstein Murphy can go to conference. cyber staffer Andy Grotto, as well as Barrasso Flake Murray I also want to say that we did every- Mike Buchwald, Brett Freedman, Nate Bennet Franken Nelson Blumenthal Gardner thing in this bill we possibly could to Adler, and Nick Basciano. Thank you Peters all so very much. Blunt Gillibrand Reed satisfy what were legitimate privacy Booker Hatch Reid concerns. The managers’ package had Finally, I very much appreciate the Boxer Heinrich Risch 14 such amendments, and before that work done by Ayesha Khanna in the Brown Heitkamp Roberts Burr Heller our staffs sat down with a number of Democratic leader’s office and Jeffrey Cantwell Hirono Sanders proposals from Senators and went over Ratner at the White House. Cardin Hoeven Schatz We have the administration behind Schumer literally dozens of additional amend- Carper Johnson the bill, we have the Department of Casey Kaine Shaheen ments. So we took what we could. Cassidy King Stabenow When the chairman talks about the Homeland Security behind the bill, and Coats Klobuchar Sullivan balance, what he means is that this is we have the editorial pages of the Cochran Leahy Tester the first time the chamber of com- Washington Post and the Wall Street Collins Lee Tillis Coons Manchin Udall merce has supported a bipartisan bill. Journal, as well as the chamber of Corker Markey Warner This is the first time we had virtually commerce, and most of the businesses Crapo McCaskill Warren all the big employers—banks and re- of America. Daines Menendez Wicker tailers and other companies—sup- So, Mr. Chairman, you did a great Donnelly Merkley Wyden Durbin Mikulski porting a bipartisan bill because today job, and thank you from the bottom of everybody understands what the prob- my heart. NOT VOTING—5 lem of cybersecurity is much greater. The PRESIDING OFFICER. The ma- Cruz Paul Vitter So we stood shoulder to shoulder, and jority leader. Graham Rubio you all responded, and I am very grate- Mr. MCCONNELL. Madam President, The amendment (No. 2581), as modi- ful. I just want to add my words of con- fied, was rejected. There is still a lot of work to be gratulation to Chairman BURR and Mr. COTTON. I yield back all time. done, but, Mr. Chairman, you and your Ranking Member FEINSTEIN. This is a

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.057 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7522 CONGRESSIONAL RECORD — SENATE October 27, 2015 very complicated issue, as we all know. TITLE I—CYBERSECURITY INFORMATION (B) The Department of Defense. It has been around multiple Con- SHARING (C) The Department of Energy. gresses, and it took their leadership Sec. 101. Short title. (D) The Department of Homeland Security. and coordination and cooperation first Sec. 102. Definitions. (E) The Department of Justice. (F) The Department of the Treasury. to produce a 14-to-1 vote in the com- Sec. 103. Sharing of information by the Fed- eral Government. (G) The Office of the Director of National mittee and then this extraordinary Sec. 104. Authorizations for preventing, de- Intelligence. success we have had out here on the tecting, analyzing, and miti- (4) CYBERSECURITY PURPOSE.—The term floor. I know all of us are extremely gating cybersecurity threats. ‘‘cybersecurity purpose’’ means the purpose proud of the great work you have done. Sec. 105. Sharing of cyber threat indicators of protecting an information system or infor- Congratulations. We deeply appre- and defensive measures with mation that is stored on, processed by, or ciate the contribution you have made the Federal Government. transiting an information system from a cy- to our country. Sec. 106. Protection from liability. bersecurity threat or security vulnerability. The PRESIDING OFFICER. The bill Sec. 107. Oversight of Government activi- (5) CYBERSECURITY THREAT.— ties. (A) IN GENERAL.—Except as provided in having been read the third time, the Sec. 108. Construction and preemption. subparagraph (B), the term ‘‘cybersecurity question is, Shall it pass? Sec. 109. Report on cybersecurity threats. threat’’ means an action, not protected by Mr. TILLIS. I ask for the yeas and Sec. 110. Conforming amendment. the First Amendment to the Constitution of nays. TITLE II—FEDERAL CYBERSECURITY the United States, on or through an informa- The PRESIDING OFFICER. Is there a ENHANCEMENT tion system that may result in an unauthor- sufficient second? Sec. 201. Short title. ized effort to adversely impact the security, There is a sufficient second. Sec. 202. Definitions. availability, confidentiality, or integrity of The clerk will call the roll. Sec. 203. Improved Federal network secu- an information system or information that The bill clerk called the roll. rity. is stored on, processed by, or transiting an Mr. CORNYN. The following Senators Sec. 204. Advanced internal defenses. information system. (B) EXCLUSION.—The term ‘‘cybersecurity are necessarily absent: the Senator Sec. 205. Federal cybersecurity require- ments. threat’’ does not include any action that from Texas (Mr. CRUZ), the Senator Sec. 206. Assessment; reports. solely involves a violation of a consumer from South Carolina (Mr. GRAHAM), the Sec. 207. Termination. term of service or a consumer licensing Senator from Kentucky (Mr. PAUL), the Sec. 208. Identification of information sys- agreement. Senator from Florida (Mr. RUBIO), and tems relating to national secu- (6) CYBER THREAT INDICATOR.—The term the Senator from Louisiana (Mr. VIT- rity. ‘‘cyber threat indicator’’ means information TER). Sec. 209. Direction to agencies. that is necessary to describe or identify— (A) malicious reconnaissance, including The PRESIDING OFFICER. Are there TITLE III—FEDERAL CYBERSECURITY anomalous patterns of communications that WORKFORCE ASSESSMENT any other Senators in the Chamber de- appear to be transmitted for the purpose of siring to vote? Sec. 301. Short title. gathering technical information related to a The result was announced—yeas 74, Sec. 302. Definitions. cybersecurity threat or security vulner- nays 21, as follows: Sec. 303. National cybersecurity workforce ability; measurement initiative. [Rollcall Vote No. 291 Leg.] (B) a method of defeating a security con- Sec. 304. Identification of cyber-related roles trol or exploitation of a security vulner- YEAS—74 of critical need. ability; Alexander Fischer Murphy Sec. 305. Government Accountability Office (C) a security vulnerability, including Ayotte Flake Murray status reports. anomalous activity that appears to indicate Barrasso Gardner Nelson TITLE IV—OTHER CYBER MATTERS the existence of a security vulnerability; Bennet Gillibrand Perdue (D) a method of causing a user with legiti- Blumenthal Grassley Peters Sec. 401. Study on mobile device security. Blunt Hatch Portman Sec. 402. Department of State international mate access to an information system or in- Boozman Heinrich Reed cyberspace policy strategy. formation that is stored on, processed by, or Boxer Heitkamp Reid Sec. 403. Apprehension and prosecution of transiting an information system to unwit- Burr Hirono Roberts international cyber criminals. tingly enable the defeat of a security control Cantwell Hoeven Rounds or exploitation of a security vulnerability; Capito Inhofe Sec. 404. Enhancement of emergency serv- Sasse Carper Isakson ices. (E) malicious cyber command and control; Schatz Casey Johnson Sec. 405. Improving cybersecurity in the (F) the actual or potential harm caused by Schumer Cassidy Kaine health care industry. an incident, including a description of the in- Scott Coats King Sec. 406. Federal computer security. formation exfiltrated as a result of a par- Sessions Cochran Kirk Sec. 407. Strategy to protect critical infra- ticular cybersecurity threat; Collins Klobuchar Shaheen Shelby structure at greatest risk. (G) any other attribute of a cybersecurity Corker Lankford threat, if disclosure of such attribute is not Cornyn Manchin Stabenow Sec. 408. Stopping the fraudulent sale of fi- Cotton McCain Thune nancial information of people of otherwise prohibited by law; or Donnelly McCaskill Tillis the United States. (H) any combination thereof. Durbin McConnell Toomey Sec. 409. Effective period. (7) DEFENSIVE MEASURE.— Warner Enzi Mikulski TITLE I—CYBERSECURITY INFORMATION (A) IN GENERAL.—Except as provided in Ernst Moran Whitehouse SHARING subparagraph (B), the term ‘‘defensive meas- Feinstein Murkowski Wicker ure’’ means an action, device, procedure, sig- SEC. 101. SHORT TITLE. NAYS—21 nature, technique, or other measure applied This title may be cited as the ‘‘Cybersecu- to an information system or information Baldwin Franken Risch rity Information Sharing Act of 2015’’. Booker Heller Sanders that is stored on, processed by, or transiting Brown Leahy Sullivan SEC. 102. DEFINITIONS. an information system that detects, pre- Cardin Lee Tester In this title: vents, or mitigates a known or suspected cy- Coons Markey Udall (1) AGENCY.—The term ‘‘agency’’ has the bersecurity threat or security vulnerability. Crapo Menendez Warren meaning given the term in section 3502 of (B) EXCLUSION.—The term ‘‘defensive meas- Daines Merkley Wyden title 44, United States Code. ure’’ does not include a measure that de- NOT VOTING—5 (2) ANTITRUST LAWS.—The term ‘‘antitrust stroys, renders unusable, provides unauthor- laws’’— ized access to, or substantially harms an in- Cruz Paul Vitter Graham Rubio (A) has the meaning given the term in sec- formation system or data on an information tion 1 of the Clayton Act (15 U.S.C. 12); system not belonging to— The bill (S. 754), as amended, was (B) includes section 5 of the Federal Trade (i) the private entity operating the meas- passed, as follows: Commission Act (15 U.S.C. 45) to the extent ure; or S. 754 that section 5 of that Act applies to unfair (ii) another entity or Federal entity that is methods of competition; and authorized to provide consent and has pro- Be it enacted by the Senate and House of Rep- (C) includes any State law that has the vided consent to that private entity for oper- resentatives of the United States of America in same intent and effect as the laws under sub- ation of such measure. Congress assembled, paragraphs (A) and (B). (8) ENTITY.— SECTION 1. TABLE OF CONTENTS. (3) APPROPRIATE FEDERAL ENTITIES.—The (A) IN GENERAL.—Except as otherwise pro- The table of contents of this Act is as fol- term ‘‘appropriate Federal entities’’ means vided in this paragraph, the term ‘‘entity’’ lows: the following: means any private entity, non-Federal gov- Sec. 1. Table of contents. (A) The Department of Commerce. ernment agency or department, or State,

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.065 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7523 tribal, or local government (including a po- curity, the Secretary of Defense, and the At- fense, and the Attorney General shall coordi- litical subdivision, department, or compo- torney General, in consultation with the nate with appropriate Federal entities, in- nent thereof). heads of the appropriate Federal entities, cluding the Small Business Administration (B) INCLUSIONS.—The term ‘‘entity’’ in- shall develop and promulgate procedures to and the National Laboratories (as defined in cludes a government agency or department facilitate and promote— section 2 of the Energy Policy Act of 2005 (42 of the District of Columbia, the Common- (1) the timely sharing of classified cyber U.S.C. 15801)), to ensure that effective proto- wealth of Puerto Rico, the Virgin Islands, threat indicators in the possession of the cols are implemented that will facilitate and Guam, American Samoa, the Northern Mar- Federal Government with cleared represent- promote the sharing of cyber threat indica- iana Islands, and any other territory or pos- atives of relevant entities; tors by the Federal Government in a timely session of the United States. (2) the timely sharing with relevant enti- manner. (C) EXCLUSION.—The term ‘‘entity’’ does ties of cyber threat indicators or informa- (c) SUBMITTAL TO CONGRESS.—Not later not include a foreign power as defined in sec- tion in the possession of the Federal Govern- than 60 days after the date of the enactment tion 101 of the Foreign Intelligence Surveil- ment that may be declassified and shared at of this Act, the Director of National Intel- lance Act of 1978 (50 U.S.C. 1801). an unclassified level; ligence, in consultation with the heads of the (9) FEDERAL ENTITY.—The term ‘‘Federal (3) the sharing with relevant entities, or appropriate Federal entities, shall submit to entity’’ means a department or agency of the the public if appropriate, of unclassified, in- Congress the procedures required by sub- United States or any component of such de- cluding controlled unclassified, cyber threat section (a). partment or agency. indicators in the possession of the Federal Government; SEC. 104. AUTHORIZATIONS FOR PREVENTING, (10) INFORMATION SYSTEM.—The term ‘‘in- DETECTING, ANALYZING, AND MITI- formation system’’— (4) the sharing with entities, if appro- GATING CYBERSECURITY THREATS. (A) has the meaning given the term in sec- priate, of information in the possession of (a) AUTHORIZATION FOR MONITORING.— tion 3502 of title 44, United States Code; and the Federal Government about cybersecurity (1) IN GENERAL.—Notwithstanding any threats to such entities to prevent or miti- (B) includes industrial control systems, other provision of law, a private entity may, gate adverse effects from such cybersecurity such as supervisory control and data acquisi- for cybersecurity purposes, monitor— tion systems, distributed control systems, threats; and (A) an information system of such private and programmable logic controllers. (5) the periodic sharing, through publica- entity; (11) LOCAL GOVERNMENT.—The term ‘‘local tion and targeted outreach, of cybersecurity (B) an information system of another enti- government’’ means any borough, city, coun- best practices that are developed based on ty, upon the authorization and written con- ty, parish, town, township, village, or other ongoing analysis of cyber threat indicators sent of such other entity; political subdivision of a State. and information in possession of the Federal (C) an information system of a Federal en- (12) MALICIOUS CYBER COMMAND AND CON- Government, with attention to accessibility tity, upon the authorization and written con- TROL.—The term ‘‘malicious cyber command and implementation challenges faced by sent of an authorized representative of the and control’’ means a method for unauthor- small business concerns (as defined in sec- ized remote identification of, access to, or tion 3 of the Small Business Act (15 U.S.C. Federal entity; and use of, an information system or information 632)). (D) information that is stored on, proc- that is stored on, processed by, or transiting (b) DEVELOPMENT OF PROCEDURES.— essed by, or transiting an information sys- an information system. (1) IN GENERAL.—The procedures developed tem monitored by the private entity under this paragraph. (13) MALICIOUS RECONNAISSANCE.—The term and promulgated under subsection (a) shall— ‘‘malicious reconnaissance’’ means a method (A) ensure the Federal Government has (2) CONSTRUCTION.—Nothing in this sub- for actively probing or passively monitoring and maintains the capability to share cyber section shall be construed— an information system for the purpose of dis- threat indicators in real time consistent (A) to authorize the monitoring of an in- cerning security vulnerabilities of the infor- with the protection of classified information; formation system, or the use of any informa- mation system, if such method is associated (B) incorporate, to the greatest extent tion obtained through such monitoring, with a known or suspected cybersecurity practicable, existing processes and existing other than as provided in this title; or threat. roles and responsibilities of Federal and non- (B) to limit otherwise lawful activity. (14) MONITOR.—The term ‘‘monitor’’ means Federal entities for information sharing by (b) AUTHORIZATION FOR OPERATION OF DE- to acquire, identify, or scan, or to possess, the Federal Government, including sector FENSIVE MEASURES.— information that is stored on, processed by, specific information sharing and analysis (1) IN GENERAL.—Notwithstanding any or transiting an information system. centers; other provision of law, a private entity may, (15) PRIVATE ENTITY.— (C) include procedures for notifying, in a for cybersecurity purposes, operate a defen- (A) IN GENERAL.—Except as otherwise pro- timely manner, entities that have received a sive measure that is applied to— vided in this paragraph, the term ‘‘private cyber threat indicator from a Federal entity (A) an information system of such private entity’’ means any person or private group, under this title that is known or determined entity in order to protect the rights or prop- organization, proprietorship, partnership, to be in error or in contravention of the re- erty of the private entity; trust, cooperative, corporation, or other quirements of this title or another provision (B) an information system of another enti- commercial or nonprofit entity, including an of Federal law or policy of such error or con- ty upon written consent of such entity for officer, employee, or agent thereof. travention; operation of such defensive measure to pro- (B) INCLUSION.—The term ‘‘private entity’’ (D) include requirements for Federal enti- tect the rights or property of such entity; includes a State, tribal, or local government ties sharing cyber threat indicators or defen- and performing electric or other utility services. sive measures to implement and utilize secu- (C) an information system of a Federal en- (C) EXCLUSION.—The term ‘‘private entity’’ rity controls to protect against unauthorized tity upon written consent of an authorized does not include a foreign power as defined access to or acquisition of such cyber threat representative of such Federal entity for op- in section 101 of the Foreign Intelligence indicators or defensive measures; eration of such defensive measure to protect Surveillance Act of 1978 (50 U.S.C. 1801). (E) include procedures that require a Fed- the rights or property of the Federal Govern- (16) SECURITY CONTROL.—The term ‘‘secu- eral entity, prior to the sharing of a cyber ment. rity control’’ means the management, oper- threat indicator— (2) CONSTRUCTION.—Nothing in this sub- ational, and technical controls used to pro- (i) to review such cyber threat indicator to section shall be construed— tect against an unauthorized effort to ad- assess whether such cyber threat indicator (A) to authorize the use of a defensive versely affect the confidentiality, integrity, contains any information that such Federal measure other than as provided in this sub- and availability of an information system or entity knows at the time of sharing to be section; or its information. personal information or information that (B) to limit otherwise lawful activity. (17) SECURITY VULNERABILITY.—The term identifies a specific person not directly re- (c) AUTHORIZATION FOR SHARING OR RECEIV- ‘‘security vulnerability’’ means any at- lated to a cybersecurity threat and remove ING CYBER THREAT INDICATORS OR DEFENSIVE tribute of hardware, software, process, or such information; or MEASURES.— procedure that could enable or facilitate the (ii) to implement and utilize a technical (1) IN GENERAL.—Except as provided in defeat of a security control. capability configured to remove any per- paragraph (2) and notwithstanding any other (18) TRIBAL.—The term ‘‘tribal’’ has the sonal information or information that iden- provision of law, an entity may, for a cyber- meaning given the term ‘‘Indian tribe’’ in tifies a specific person not directly related to security purpose and consistent with the section 4 of the Indian Self-Determination a cybersecurity threat; and protection of classified information, share and Education Assistance Act (25 U.S.C. (F) include procedures for notifying, in a with, or receive from, any other entity or 450b). timely manner, any United States person the Federal Government a cyber threat indi- SEC. 103. SHARING OF INFORMATION BY THE whose personal information is known or de- cator or defensive measure. FEDERAL GOVERNMENT. termined to have been shared by a Federal (2) LAWFUL RESTRICTION.—An entity receiv- (a) IN GENERAL.—Consistent with the pro- entity in violation of this Act. ing a cyber threat indicator or defensive tection of classified information, intel- (2) COORDINATION.—In developing the proce- measure from another entity or Federal enti- ligence sources and methods, and privacy dures required under this section, the Direc- ty shall comply with otherwise lawful re- and civil liberties, the Director of National tor of National Intelligence, the Secretary of strictions placed on the sharing or use of Intelligence, the Secretary of Homeland Se- Homeland Security, the Secretary of De- such cyber threat indicator or defensive

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(i) are shared in an automated manner section shall be construed— (C) STATE, TRIBAL, AND LOCAL REGULATORY with all of the appropriate Federal entities; (A) to authorize the sharing or receiving of AUTHORITY.— (ii) are only subject to a delay, modifica- a cyber threat indicator or defensive meas- (i) IN GENERAL.—Except as provided in tion, or other action due to controls estab- ure other than as provided in this sub- clause (ii), a cyber threat indicator or defen- lished for such real-time process that could section; or sive measure shared with a State, tribal, or impede real-time receipt by all of the appro- (B) to limit otherwise lawful activity. local government under this title shall not priate Federal entities when the delay, modi- (d) PROTECTION AND USE OF INFORMATION.— be directly used by any State, tribal, or local fication, or other action is due to controls— (1) SECURITY OF INFORMATION.—An entity government to regulate, including an en- (I) agreed upon unanimously by all of the monitoring an information system, oper- forcement action, the lawful activity of any heads of the appropriate Federal entities; ating a defensive measure, or providing or entity, including an activity relating to (II) carried out before any of the appro- receiving a cyber threat indicator or defen- monitoring, operating a defensive measure, priate Federal entities retains or uses the sive measure under this section shall imple- or sharing of a cyber threat indicator. cyber threat indicators or defensive meas- ment and utilize a security control to pro- (ii) REGULATORY AUTHORITY SPECIFICALLY ures; and tect against unauthorized access to or acqui- RELATING TO PREVENTION OR MITIGATION OF (III) uniformly applied such that each of sition of such cyber threat indicator or de- CYBERSECURITY THREATS.—A cyber threat in- the appropriate Federal entities is subject to fensive measure. dicator or defensive measure shared as de- the same delay, modification, or other ac- (2) REMOVAL OF CERTAIN PERSONAL INFOR- scribed in clause (i) may, consistent with a tion; and MATION.—An entity sharing a cyber threat State, tribal, or local government regulatory (iii) may be provided to other Federal enti- indicator pursuant to this title shall, prior authority specifically relating to the preven- ties; to such sharing— tion or mitigation of cybersecurity threats (B) ensure that cyber threat indicators (A) review such cyber threat indicator to to information systems, inform the develop- shared with the Federal Government by any assess whether such cyber threat indicator ment or implementation of a regulation re- entity pursuant to section 104 in a manner contains any information that the entity lating to such information systems. other than the real time process described in knows at the time of sharing to be personal (e) ANTITRUST EXEMPTION.— subsection (c) of this section— information or information that identifies a (1) IN GENERAL.—Except as provided in sec- (i) are shared as quickly as operationally specific person not directly related to a cy- tion 108(e), it shall not be considered a viola- practicable with all of the appropriate Fed- bersecurity threat and remove such informa- tion of any provision of antitrust laws for 2 eral entities; tion; or or more private entities to exchange or pro- (ii) are not subject to any unnecessary (B) implement and utilize a technical capa- vide a cyber threat indicator, or assistance delay, interference, or any other action that bility configured to remove any information relating to the prevention, investigation, or could impede receipt by all of the appro- contained within such indicator that the en- mitigation of a cybersecurity threat, for cy- priate Federal entities; and tity knows at the time of sharing to be per- bersecurity purposes under this title. (iii) may be provided to other Federal enti- sonal information or information that iden- (2) APPLICABILITY.—Paragraph (1) shall ties; tifies a specific person not directly related to apply only to information that is exchanged (C) consistent with this title, any other ap- a cybersecurity threat. or assistance provided in order to assist plicable provisions of law, and the fair infor- (3) USE OF CYBER THREAT INDICATORS AND with— mation practice principles set forth in ap- DEFENSIVE MEASURES BY ENTITIES.— (A) facilitating the prevention, investiga- pendix A of the document entitled ‘‘National (A) IN GENERAL.—Consistent with this tion, or mitigation of a cybersecurity threat Strategy for Trusted Identities in Cyber- to an information system or information title, a cyber threat indicator or defensive space’’ and published by the President in that is stored on, processed by, or transiting measure shared or received under this sec- April, 2011, govern the retention, use, and an information system; or tion may, for cybersecurity purposes— dissemination by the Federal Government of (B) communicating or disclosing a cyber (i) be used by an entity to monitor or oper- cyber threat indicators shared with the Fed- threat indicator to help prevent, investigate, ate a defensive measure that is applied to— eral Government under this title, including or mitigate the effect of a cybersecurity (I) an information system of the entity; or the extent, if any, to which such cyber threat to an information system or informa- (II) an information system of another enti- threat indicators may be used by the Federal tion that is stored on, processed by, or ty or a Federal entity upon the written con- Government; and transiting an information system. sent of that other entity or that Federal en- (D) ensure there are— (f) NO RIGHT OR BENEFIT.—The sharing of a tity; and (i) audit capabilities; and cyber threat indicator with an entity under (ii) be otherwise used, retained, and further (ii) appropriate sanctions in place for offi- this title shall not create a right or benefit shared by an entity subject to— cers, employees, or agents of a Federal enti- to similar information by such entity or any (I) an otherwise lawful restriction placed ty who knowingly and willfully conduct ac- other entity. by the sharing entity or Federal entity on tivities under this title in an unauthorized such cyber threat indicator or defensive SEC. 105. SHARING OF CYBER THREAT INDICA- manner. measure; or TORS AND DEFENSIVE MEASURES (4) GUIDELINES FOR ENTITIES SHARING CYBER (II) an otherwise applicable provision of WITH THE FEDERAL GOVERNMENT. THREAT INDICATORS WITH FEDERAL GOVERN- law. (a) REQUIREMENT FOR POLICIES AND PROCE- MENT.— (B) CONSTRUCTION.—Nothing in this para- DURES.— (A) IN GENERAL.—Not later than 60 days graph shall be construed to authorize the use (1) INTERIM POLICIES AND PROCEDURES.—Not after the date of the enactment of this Act, of a cyber threat indicator or defensive later than 60 days after the date of the enact- the Attorney General and the Secretary of measure other than as provided in this sec- ment of this Act, the Attorney General and Homeland Security shall develop and make tion. the Secretary of Homeland Security shall, in publicly available guidance to assist entities (4) USE OF CYBER THREAT INDICATORS BY coordination with the heads of the appro- and promote sharing of cyber threat indica- STATE, TRIBAL, OR LOCAL GOVERNMENT.— priate Federal entities, develop and submit tors with Federal entities under this title. (A) LAW ENFORCEMENT USE.— to Congress interim policies and procedures (B) CONTENTS.—The guidelines developed (i) PRIOR WRITTEN CONSENT.—Except as pro- relating to the receipt of cyber threat indica- vided in clause (ii), a cyber threat indicator tors and defensive measures by the Federal and made publicly available under subpara- shared with a State, tribal, or local govern- Government. graph (A) shall include guidance on the fol- lowing: ment under this section may, with the prior (2) FINAL POLICIES AND PROCEDURES.—Not written consent of the entity sharing such later than 180 days after the date of the en- (i) Identification of types of information indicator, be used by a State, tribal, or local actment of this Act, the Attorney General that would qualify as a cyber threat indi- government for the purpose of preventing, and the Secretary of Homeland Security cator under this title that would be unlikely investigating, or prosecuting any of the of- shall, in coordination with the heads of the to include personal information or informa- fenses described in section 105(d)(5)(A)(vi). appropriate Federal entities, promulgate tion that identifies a specific person not di- rectly related to a cyber security threat. (ii) ORAL CONSENT.—If exigent cir- final policies and procedures relating to the cumstances prevent obtaining written con- receipt of cyber threat indicators and defen- (ii) Identification of types of information sent under clause (i), such consent may be sive measures by the Federal Government. protected under otherwise applicable privacy laws that are unlikely to be directly related provided orally with subsequent documenta- (3) REQUIREMENTS CONCERNING POLICIES AND to a cybersecurity threat. tion of the consent. PROCEDURES.—Consistent with the guidelines (iii) Such other matters as the Attorney (B) EXEMPTION FROM DISCLOSURE.—A cyber required by subsection (b), the policies and threat indicator shared with a State, tribal, procedures developed and promulgated under General and the Secretary of Homeland Se- or local government under this section shall this subsection shall— curity consider appropriate for entities shar- be— (A) ensure that cyber threat indicators ing cyber threat indicators with Federal en- (i) deemed voluntarily shared information; shared with the Federal Government by any tities under this title. and entity pursuant to section 104(c) through the (b) PRIVACY AND CIVIL LIBERTIES.—

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(1) GUIDELINES OF ATTORNEY GENERAL.—Not (1) IN GENERAL.—Not later than 90 days (5) REPORT ON DEVELOPMENT AND IMPLEMEN- later than 60 days after the date of the enact- after the date of the enactment of this Act, TATION.— ment of this Act, the Attorney General shall, the Secretary of Homeland Security, in co- (A) IN GENERAL.—Not later than 60 days in coordination with heads of the appro- ordination with the heads of the appropriate after the date of the enactment of this Act, priate Federal entities and in consultation Federal entities, shall develop and imple- the Secretary of Homeland Security shall with officers designated under section 1062 of ment a capability and process within the De- submit to Congress a report on the develop- the National Security Intelligence Reform partment of Homeland Security that— ment and implementation of the capability Act of 2004 (42 U.S.C. 2000ee–1), develop, sub- (A) shall accept from any entity in real and process required by paragraph (1), in- mit to Congress, and make available to the time cyber threat indicators and defensive cluding a description of such capability and public interim guidelines relating to privacy measures, pursuant to this section; process and the public notice of, and access and civil liberties which shall govern the re- (B) shall, upon submittal of the certifi- to, such process. ceipt, retention, use, and dissemination of cation under paragraph (2) that such capa- (B) CLASSIFIED ANNEX.—The report re- cyber threat indicators by a Federal entity bility and process fully and effectively oper- quired by subparagraph (A) shall be sub- obtained in connection with activities au- ates as described in such paragraph, be the mitted in unclassified form, but may include thorized in this title. process by which the Federal Government re- a classified annex. (2) FINAL GUIDELINES.— ceives cyber threat indicators and defensive (d) INFORMATION SHARED WITH OR PROVIDED (A) IN GENERAL.—Not later than 180 days measures under this title that are shared by TO THE FEDERAL GOVERNMENT.— after the date of the enactment of this Act, a private entity with the Federal Govern- (1) NO WAIVER OF PRIVILEGE OR PROTEC- the Attorney General shall, in coordination ment through electronic mail or media, an TION.—The provision of cyber threat indica- with heads of the appropriate Federal enti- interactive form on an Internet website, or a tors and defensive measures to the Federal ties and in consultation with officers des- real time, automated process between infor- Government under this title shall not con- ignated under section 1062 of the National mation systems except— stitute a waiver of any applicable privilege Security Intelligence Reform Act of 2004 (42 (i) consistent with section 104, communica- or protection provided by law, including U.S.C. 2000ee–1) and such private entities tions between a Federal entity and a private trade secret protection. with industry expertise as the Attorney Gen- entity regarding a previously shared cyber ROPRIETARY INFORMATION.—Consistent eral considers relevant, promulgate final (2) P guidelines relating to privacy and civil lib- threat indicator to describe the relevant cy- with section 104(c)(2), a cyber threat indi- erties which shall govern the receipt, reten- bersecurity threat or develop a defensive cator or defensive measure provided by an tion, use, and dissemination of cyber threat measure based on such cyber threat indi- entity to the Federal Government under this indicators by a Federal entity obtained in cator; and title shall be considered the commercial, fi- connection with activities authorized in this (ii) communications by a regulated entity nancial, and proprietary information of such title. with such entity’s Federal regulatory au- entity when so designated by the originating (B) PERIODIC REVIEW.—The Attorney Gen- thority regarding a cybersecurity threat; entity or a third party acting in accordance eral shall, in coordination with heads of the (C) ensures that all of the appropriate Fed- with the written authorization of the origi- appropriate Federal entities and in consulta- eral entities receive in an automated manner nating entity. tion with officers and private entities de- such cyber threat indicators shared through (3) EXEMPTION FROM DISCLOSURE.—Cyber scribed in subparagraph (A), periodically, but the real-time process within the Department threat indicators and defensive measures not less frequently than once every two of Homeland Security; provided to the Federal Government under years, review the guidelines promulgated (D) is in compliance with the policies, pro- this title shall be— under subparagraph (A). cedures, and guidelines required by this sec- (A) deemed voluntarily shared information (3) CONTENT.—The guidelines required by tion; and and exempt from disclosure under section 552 paragraphs (1) and (2) shall, consistent with (E) does not limit or prohibit otherwise of title 5, United States Code, and any State, the need to protect information systems lawful disclosures of communications, tribal, or local law requiring disclosure of in- from cybersecurity threats and mitigate cy- records, or other information, including— formation or records; and bersecurity threats— (i) reporting of known or suspected crimi- (B) withheld, without discretion, from the (A) limit the effect on privacy and civil lib- nal activity, by an entity to any other entity public under section 552(b)(3)(B) of title 5, erties of activities by the Federal Govern- or a Federal entity; United States Code, and any State, tribal, or ment under this title; (ii) voluntary or legally compelled partici- local provision of law requiring disclosure of (B) limit the receipt, retention, use, and pation in a Federal investigation; and information or records. dissemination of cyber threat indicators con- (iii) providing cyber threat indicators or (4) EX PARTE COMMUNICATIONS.—The provi- taining personal information or information defensive measures as part of a statutory or sion of a cyber threat indicator or defensive that identifies specific persons, including by authorized contractual requirement. measure to the Federal Government under establishing— (2) CERTIFICATION.—Not later than 10 days this title shall not be subject to a rule of any (i) a process for the timely destruction of prior to the implementation of the capa- Federal agency or department or any judi- such information that is known not to be di- bility and process required by paragraph (1), cial doctrine regarding ex parte communica- rectly related to uses authorized under this the Secretary of Homeland Security shall, in tions with a decision-making official. title; and consultation with the heads of the appro- (5) DISCLOSURE, RETENTION, AND USE.— (ii) specific limitations on the length of priate Federal entities, certify to Congress (A) AUTHORIZED ACTIVITIES.—Cyber threat any period in which a cyber threat indicator whether such capability and process fully indicators and defensive measures provided may be retained; and effectively operates— to the Federal Government under this title (C) include requirements to safeguard (A) as the process by which the Federal may be disclosed to, retained by, and used cyber threat indicators containing personal Government receives from any entity a by, consistent with otherwise applicable pro- information or information that identifies cyber threat indicator or defensive measure visions of Federal law, any Federal agency or specific persons from unauthorized access or under this title; and department, component, officer, employee, acquisition, including appropriate sanctions (B) in accordance with the policies, proce- or agent of the Federal Government solely for activities by officers, employees, or dures, and guidelines developed under this for— agents of the Federal Government in con- section. (i) a cybersecurity purpose; travention of such guidelines; (3) PUBLIC NOTICE AND ACCESS.—The Sec- (ii) the purpose of identifying a cybersecu- (D) include procedures for notifying enti- retary of Homeland Security shall ensure rity threat, including the source of such cy- ties and Federal entities if information re- there is public notice of, and access to, the bersecurity threat, or a security vulner- ceived pursuant to this section is known or capability and process developed and imple- ability; determined by a Federal entity receiving mented under paragraph (1) so that— (iii) the purpose of identifying a cybersecu- such information not to constitute a cyber (A) any entity may share cyber threat in- rity threat involving the use of an informa- threat indicator; dicators and defensive measures through tion system by a foreign adversary or ter- (E) protect the confidentiality of cyber such process with the Federal Government; rorist; threat indicators containing personal infor- and (iv) the purpose of responding to, or other- mation or information that identifies spe- (B) all of the appropriate Federal entities wise preventing or mitigating, an imminent cific persons to the greatest extent prac- receive such cyber threat indicators and de- threat of death, serious bodily harm, or seri- ticable and require recipients to be informed fensive measures in real time with receipt ous economic harm, including a terrorist act that such indicators may only be used for through the process within the Department or a use of a weapon of mass destruction; purposes authorized under this title; and of Homeland Security. (v) the purpose of responding to, or other- (F) include steps that may be needed so (4) OTHER FEDERAL ENTITIES.—The process wise preventing or mitigating, a serious that dissemination of cyber threat indicators developed and implemented under paragraph threat to a minor, including sexual exploi- is consistent with the protection of classified (1) shall ensure that other Federal entities tation and threats to physical safety; or and other sensitive national security infor- receive in a timely manner any cyber threat (vi) the purpose of preventing, inves- mation. indicators and defensive measures shared tigating, disrupting, or prosecuting an of- (c) CAPABILITY AND PROCESS WITHIN THE with the Federal Government through such fense arising out of a threat described in DEPARTMENT OF HOMELAND SECURITY.— process. clause (iv) or any of the offenses listed in—

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(I) sections 1028 through 1030 of title 18, (c) CONSTRUCTION.—Nothing in this section (F) A review of actions taken by the Fed- United States Code (relating to fraud and shall be construed— eral Government based on cyber threat indi- identity theft); (1) to require dismissal of a cause of action cators shared with the Federal Government (II) chapter 37 of such title (relating to es- against an entity that has engaged in gross under this title, including the appropriate- pionage and censorship); and negligence or willful misconduct in the ness of any subsequent use or dissemination (III) chapter 90 of such title (relating to course of conducting activities authorized by of such cyber threat indicators by a Federal protection of trade secrets). this title; or entity under section 105. (B) PROHIBITED ACTIVITIES.—Cyber threat (2) to undermine or limit the availability (G) A description of any significant viola- indicators and defensive measures provided of otherwise applicable common law or stat- tions of the requirements of this title by the to the Federal Government under this title utory defenses. Federal Government. shall not be disclosed to, retained by, or used SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVI- (H) A summary of the number and type of by any Federal agency or department for any TIES. entities that received classified cyber threat use not permitted under subparagraph (A). (a) BIENNIAL REPORT ON IMPLEMENTATION.— indicators from the Federal Government (C) PRIVACY AND CIVIL LIBERTIES.—Cyber (1) IN GENERAL.—Not later than 1 year after under this title and an evaluation of the threat indicators and defensive measures the date of the enactment of this Act, and risks and benefits of sharing such cyber provided to the Federal Government under not less frequently than once every 2 years threat indicators. this title shall be retained, used, and dis- thereafter, the heads of the appropriate Fed- (3) RECOMMENDATIONS.—Each report sub- seminated by the Federal Government— eral entities shall jointly submit and the In- mitted under paragraph (1) may include rec- (i) in accordance with the policies, proce- spector General of the Department of Home- ommendations for improvements or modi- dures, and guidelines required by subsections land Security, the Inspector General of the fications to the authorities and processes (a) and (b); Intelligence Community, the Inspector Gen- under this title. (ii) in a manner that protects from unau- eral of the Department of Justice, the In- (4) FORM OF REPORT.—Each report required thorized use or disclosure any cyber threat spector General of the Department of De- by paragraph (1) shall be submitted in un- indicators that may contain personal infor- fense, and the Inspector General of the De- mation or information that identifies spe- classified form, but may include a classified cific persons; and partment of Energy, in consultation with the annex. Council of Inspectors General on Financial (iii) in a manner that protects the con- (b) REPORTS ON PRIVACY AND CIVIL LIB- Oversight, shall jointly submit to Congress a fidentiality of cyber threat indicators con- ERTIES.— detailed report concerning the implementa- taining personal information or information (1) BIENNIAL REPORT FROM PRIVACY AND that identifies a specific person. tion of this title during— (A) in the case of the first report submitted CIVIL LIBERTIES OVERSIGHT BOARD.—Not later (D) FEDERAL REGULATORY AUTHORITY.— under this paragraph, the most recent 1-year than 2 years after the date of the enactment (i) IN GENERAL.—Except as provided in of this Act and not less frequently than once clause (ii), cyber threat indicators and defen- period; and (B) in the case of any subsequent report every 2 years thereafter, the Privacy and sive measures provided to the Federal Gov- Civil Liberties Oversight Board shall submit ernment under this title shall not be directly submitted under this paragraph, the most re- cent 2-year period. to Congress and the President a report pro- used by any Federal, State, tribal, or local viding— government to regulate, including an en- (2) CONTENTS.—Each report submitted under paragraph (1) shall include, for the pe- (A) an assessment of the effect on privacy forcement action, the lawful activities of and civil liberties by the type of activities any entity, including activities relating to riod covered by the report, the following: (A) An assessment of the sufficiency of the carried out under this title; and monitoring, operating defensive measures, or (B) an assessment of the sufficiency of the sharing cyber threat indicators. policies, procedures, and guidelines required by section 105 in ensuring that cyber threat policies, procedures, and guidelines estab- (ii) EXCEPTIONS.— lished pursuant to section 105 in addressing (I) REGULATORY AUTHORITY SPECIFICALLY indicators are shared effectively and respon- sibly within the Federal Government. concerns relating to privacy and civil lib- RELATING TO PREVENTION OR MITIGATION OF erties. CYBERSECURITY THREATS.—Cyber threat indi- (B) An evaluation of the effectiveness of (2) BIENNIAL REPORT OF INSPECTORS GEN- cators and defensive measures provided to real-time information sharing through the ERAL.— the Federal Government under this title capability and process developed under sec- (A) IN GENERAL.—Not later than 2 years may, consistent with Federal or State regu- tion 105(c), including any impediments to after the date of the enactment of this Act latory authority specifically relating to the such real-time sharing. and not less frequently than once every 2 prevention or mitigation of cybersecurity (C) An assessment of the sufficiency of the years thereafter, the Inspector General of threats to information systems, inform the procedures developed under section 103 in en- the Department of Homeland Security, the development or implementation of regula- suring that cyber threat indicators in the Inspector General of the Intelligence Com- tions relating to such information systems. possession of the Federal Government are munity, the Inspector General of the Depart- (II) PROCEDURES DEVELOPED AND IMPLE- shared in a timely and adequate manner ment of Justice, the Inspector General of the MENTED UNDER THIS TITLE.—Clause (i) shall with appropriate entities, or, if appropriate, Department of Defense, and the Inspector not apply to procedures developed and imple- are made publicly available. General of the Department of Energy shall, mented under this title. (D) An assessment of whether cyber threat indicators have been properly classified and in consultation with the Council of Inspec- SEC. 106. PROTECTION FROM LIABILITY. an accounting of the number of security tors General on Financial Oversight, jointly (a) MONITORING OF INFORMATION SYSTEMS.— submit to Congress a report on the receipt, No cause of action shall lie or be maintained clearances authorized by the Federal Gov- in any court against any private entity, and ernment for the purposes of this title. use, and dissemination of cyber threat indi- such action shall be promptly dismissed, for (E) A review of the type of cyber threat in- cators and defensive measures that have the monitoring of information systems and dicators shared with the appropriate Federal been shared with Federal entities under this information under section 104(a) that is con- entities under this title, including the fol- title. ducted in accordance with this title. lowing: (B) CONTENTS.—Each report submitted (b) SHARING OR RECEIPT OF CYBER THREAT (i) The number of cyber threat indicators under subparagraph (A) shall include the fol- INDICATORS.—No cause of action shall lie or received through the capability and process lowing: be maintained in any court against any enti- developed under section 105(c). (i) A review of the types of cyber threat in- ty, and such action shall be promptly dis- (ii) The number of times that information dicators shared with Federal entities. missed, for the sharing or receipt of cyber shared under this title was used by a Federal (ii) A review of the actions taken by Fed- threat indicators or defensive measures entity to prosecute an offense consistent eral entities as a result of the receipt of such under section 104(c) if— with section 105(d)(5)(A). cyber threat indicators. (1) such sharing or receipt is conducted in (iii) The degree to which such information (iii) A list of Federal entities receiving accordance with this title; and may affect the privacy and civil liberties of such cyber threat indicators. (2) in a case in which a cyber threat indi- specific persons. (iv) A review of the sharing of such cyber cator or defensive measure is shared with the (iv) A quantitative and qualitative assess- threat indicators among Federal entities to Federal Government, the cyber threat indi- ment of the effect of the sharing of such identify inappropriate barriers to sharing in- cator or defensive measure is shared in a cyber threat indicators with the Federal formation. manner that is consistent with section Government on privacy and civil liberties of (3) RECOMMENDATIONS.—Each report sub- 105(c)(1)(B) and the sharing or receipt, as the specific persons, including the number of no- mitted under this subsection may include case may be, occurs after the earlier of— tices that were issued with respect to a fail- such recommendations as the Privacy and (A) the date on which the interim policies ure to remove personal information or infor- Civil Liberties Oversight Board, with respect and procedures are submitted to Congress mation that identified a specific person not to a report submitted under paragraph (1), or under section 105(a)(1) and guidelines are directly related to a cybersecurity threat in the Inspectors General referred to in para- submitted to Congress under section accordance with the procedures required by graph (2)(A), with respect to a report sub- 105(b)(1); or section 105(b)(3)(D). mitted under paragraph (2), may have for im- (B) the date that is 60 days after the date (v) The adequacy of any steps taken by the provements or modifications to the authori- of the enactment of this Act. Federal Government to reduce such effect. ties under this title.

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(4) FORM.—Each report required under this (1) to require an entity to provide informa- mary threats of carrying out a cybersecurity subsection shall be submitted in unclassified tion to a Federal entity or another entity; threat, including a cyber attack, theft, or form, but may include a classified annex. (2) to condition the sharing of cyber threat data breach, against the United States and SEC. 108. CONSTRUCTION AND PREEMPTION. indicators with an entity on such entity’s which threaten the United States national (a) OTHERWISE LAWFUL DISCLOSURES.— provision of cyber threat indicators to a Fed- security, economy, and intellectual prop- Nothing in this title shall be construed— eral entity or another entity; or erty. (1) to limit or prohibit otherwise lawful (3) to condition the award of any Federal (3) A description of the extent to which the disclosures of communications, records, or grant, contract, or purchase on the provision capabilities of the United States Govern- other information, including reporting of of a cyber threat indicator to a Federal enti- ment to respond to or prevent cybersecurity known or suspected criminal activity, by an ty or another entity. threats, including cyber attacks, theft, or entity to any other entity or the Federal (i) NO LIABILITY FOR NON-PARTICIPATION.— data breaches, directed against the United Government under this title; or Nothing in this title shall be construed to States private sector are degraded by a delay (2) to limit or prohibit otherwise lawful use subject any entity to liability for choosing in the prompt notification by private enti- of such disclosures by any Federal entity, not to engage in the voluntary activities au- ties of such threats or cyber attacks, theft, even when such otherwise lawful disclosures thorized in this title. and breaches. duplicate or replicate disclosures made (j) USE AND RETENTION OF INFORMATION.— (4) An assessment of additional tech- under this title. Nothing in this title shall be construed to nologies or capabilities that would enhance (b) WHISTLE BLOWER PROTECTIONS.—Noth- authorize, or to modify any existing author- the ability of the United States to prevent ing in this title shall be construed to pro- ity of, a department or agency of the Federal and to respond to cybersecurity threats, in- hibit or limit the disclosure of information Government to retain or use any informa- cluding cyber attacks, theft, and data protected under section 2302(b)(8) of title 5, tion shared under this title for any use other breaches. United States Code (governing disclosures of than permitted in this title. (5) An assessment of any technologies or illegality, waste, fraud, abuse, or public (k) FEDERAL PREEMPTION.— practices utilized by the private sector that health or safety threats), section 7211 of title (1) IN GENERAL.—This title supersedes any could be rapidly fielded to assist the intel- 5, United States Code (governing disclosures statute or other provision of law of a State ligence community in preventing and re- to Congress), section 1034 of title 10, United or political subdivision of a State that re- sponding to cybersecurity threats. States Code (governing disclosure to Con- stricts or otherwise expressly regulates an (c) ADDITIONAL REPORT.—At the time the gress by members of the military), section activity authorized under this title. report required by subsection (a) is sub- 1104 of the National Security Act of 1947 (50 (2) STATE LAW ENFORCEMENT.—Nothing in mitted, the Director of National Intelligence U.S.C. 3234) (governing disclosure by employ- this title shall be construed to supersede any shall submit to the Committee on Foreign ees of elements of the intelligence commu- statute or other provision of law of a State Relations of the Senate and the Committee nity), or any similar provision of Federal or or political subdivision of a State concerning on Foreign Affairs of the House of Represent- State law. the use of authorized law enforcement prac- atives a report containing the information (c) PROTECTION OF SOURCES AND METH- tices and procedures. required by subsection (b)(2). ODS.—Nothing in this title shall be con- (l) REGULATORY AUTHORITY.—Nothing in strued— (d) FORM OF REPORT.—The report required this title shall be construed— by subsection (a) shall be made available in (1) as creating any immunity against, or (1) to authorize the promulgation of any otherwise affecting, any action brought by classified and unclassified forms. regulations not specifically authorized by (e) INTELLIGENCE COMMUNITY DEFINED.—In the Federal Government, or any agency or this title; this section, the term ‘‘intelligence commu- department thereof, to enforce any law, ex- (2) to establish or limit any regulatory au- nity’’ has the meaning given that term in ecutive order, or procedure governing the ap- thority not specifically established or lim- section 3 of the National Security Act of 1947 propriate handling, disclosure, or use of clas- ited under this title; or sified information; (50 U.S.C. 3003). (3) to authorize regulatory actions that SEC. 110. CONFORMING AMENDMENT. (2) to affect the conduct of authorized law would duplicate or conflict with regulatory enforcement or intelligence activities; or Section 941(c)(3) of the National Defense requirements, mandatory standards, or re- Authorization Act for Fiscal Year 2013 (Pub- (3) to modify the authority of a depart- lated processes under another provision of ment or agency of the Federal Government lic Law 112–239; 10 U.S.C. 2224 note) is amend- Federal law. ed by inserting at the end the following: to protect classified information and sources (m) AUTHORITY OF SECRETARY OF DEFENSE ‘‘The Secretary may share such information and methods and the national security of the TO RESPOND TO CYBER ATTACKS.—Nothing in with other Federal entities if such informa- United States. this title shall be construed to limit the au- tion consists of cyber threat indicators and (d) RELATIONSHIP TO OTHER LAWS.—Noth- thority of the Secretary of Defense to de- defensive measures and such information is ing in this title shall be construed to affect velop, prepare, coordinate, or, when author- shared consistent with the policies and pro- any requirement under any other provision ized by the President to do so, conduct a cedures promulgated by the Attorney Gen- of law for an entity to provide information military cyber operation in response to a eral and the Secretary of Homeland Security to the Federal Government. malicious cyber activity carried out against (e) PROHIBITED CONDUCT.—Nothing in this under section 105 of the Cybersecurity Infor- the United States or a United States person title shall be construed to permit price-fix- mation Sharing Act of 2015.’’. by a foreign government or an organization ing, allocating a market between competi- sponsored by a foreign government or a ter- TITLE II—FEDERAL CYBERSECURITY tors, monopolizing or attempting to monopo- rorist organization. ENHANCEMENT lize a market, boycotting, or exchanges of SEC. 201. SHORT TITLE. price or cost information, customer lists, or SEC. 109. REPORT ON CYBERSECURITY THREATS. This title may be cited as the ‘‘Federal Cy- information regarding future competitive (a) REPORT REQUIRED.—Not later than 180 bersecurity Enhancement Act of 2015’’. planning. days after the date of the enactment of this (f) INFORMATION SHARING RELATIONSHIPS.— Act, the Director of National Intelligence, in SEC. 202. DEFINITIONS. Nothing in this title shall be construed— coordination with the heads of other appro- In this title— (1) to limit or modify an existing informa- priate elements of the intelligence commu- (1) the term ‘‘agency’’ has the meaning tion sharing relationship; nity, shall submit to the Select Committee given the term in section 3502 of title 44, (2) to prohibit a new information sharing on Intelligence of the Senate and the Perma- United States Code; relationship; nent Select Committee on Intelligence of the (2) the term ‘‘agency information system’’ (3) to require a new information sharing re- House of Representatives a report on cyber- has the meaning given the term in section lationship between any entity and another security threats, including cyber attacks, 228 of the Homeland Security Act of 2002, as entity or a Federal entity; or theft, and data breaches. added by section 203(a); (4) to require the use of the capability and (b) CONTENTS.—The report required by sub- (3) the term ‘‘appropriate congressional process within the Department of Homeland section (a) shall include the following: committees’’ means— Security developed under section 105(c). (1) An assessment of the current intel- (A) the Committee on Homeland Security (g) PRESERVATION OF CONTRACTUAL OBLIGA- ligence sharing and cooperation relation- and Governmental Affairs of the Senate; and TIONS AND RIGHTS.—Nothing in this title ships of the United States with other coun- (B) the Committee on Homeland Security shall be construed— tries regarding cybersecurity threats, includ- of the House of Representatives; (1) to amend, repeal, or supersede any cur- ing cyber attacks, theft, and data breaches, (4) the terms ‘‘cybersecurity risk’’ and ‘‘in- rent or future contractual agreement, terms directed against the United States and which formation system’’ have the meanings given of service agreement, or other contractual threaten the United States national security those terms in section 227 of the Homeland relationship between any entities, or be- interests and economy and intellectual prop- Security Act of 2002, as so redesignated by tween any entity and a Federal entity; or erty, specifically identifying the relative section 203(a); (2) to abrogate trade secret or intellectual utility of such relationships, which elements (5) the term ‘‘Director’’ means the Director property rights of any entity or Federal enti- of the intelligence community participate in of the Office of Management and Budget; ty. such relationships, and whether and how (6) the term ‘‘intelligence community’’ has (h) ANTI-TASKING RESTRICTION.—Nothing in such relationships could be improved. the meaning given the term in section 3(4) of this title shall be construed to permit a Fed- (2) A list and an assessment of the coun- the National Security Act of 1947 (50 U.S.C. eral entity— tries and nonstate actors that are the pri- 3003(4));

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(7) the term ‘‘national security system’’ nologies and modify existing technologies to ‘‘(2) LIMITATION ON LIABILITY.—No cause of has the meaning given the term in section the intrusion detection and prevention capa- action shall lie in any court against a pri- 11103 of title 40, United States Code; and bilities described in paragraph (1) as appro- vate entity for assistance provided to the (8) the term ‘‘Secretary’’ means the Sec- priate to improve the intrusion detection Secretary in accordance with this section retary of Homeland Security. and prevention capabilities. and any contract or agreement entered into SEC. 203. IMPROVED FEDERAL NETWORK SECU- ‘‘(c) ACTIVITIES.—In carrying out sub- pursuant to subsection (c)(2). RITY. section (b), the Secretary— ‘‘(3) RULE OF CONSTRUCTION.—Nothing in (a) IN GENERAL.—Subtitle C of title II of ‘‘(1) may access, and the head of an agency paragraph (2) shall be construed to authorize the Homeland Security Act of 2002 (6 U.S.C. may disclose to the Secretary or a private an Internet service provider to break a user 141 et seq.) is amended— entity providing assistance to the Secretary agreement with a customer without the con- (1) by redesignating section 228 as section under paragraph (2), information transiting sent of the customer. 229; or traveling to or from an agency informa- ‘‘(e) ATTORNEY GENERAL REVIEW.—Not (2) by redesignating section 227 as sub- tion system, regardless of the location from later than 1 year after the date of enactment section (c) of section 228, as added by para- which the Secretary or a private entity pro- of this section, the Attorney General shall graph (4), and adjusting the margins accord- viding assistance to the Secretary under review the policies and guidelines for the ingly; paragraph (2) accesses such information, not- program carried out under this section to en- (3) by redesignating the second section des- withstanding any other provision of law that sure that the policies and guidelines are con- ignated as section 226 (relating to the na- would otherwise restrict or prevent the head sistent with applicable law governing the ac- tional cybersecurity and communications in- of an agency from disclosing such informa- quisition, interception, retention, use, and tegration center) as section 227; tion to the Secretary or a private entity pro- disclosure of communications.’’. (4) by inserting after section 227, as so re- viding assistance to the Secretary under (b) PRIORITIZING ADVANCED SECURITY designated, the following: paragraph (2); TOOLS.—The Director and the Secretary, in ‘‘SEC. 228. CYBERSECURITY PLANS. ‘‘(2) may enter into contracts or other consultation with appropriate agencies, ‘‘(a) DEFINITIONS.—In this section— agreements with, or otherwise request and shall— ‘‘(1) the term ‘agency information system’ obtain the assistance of, private entities to (1) review and update governmentwide means an information system used or oper- deploy and operate technologies in accord- policies and programs to ensure appropriate ated by an agency or by another entity on ance with subsection (b); prioritization and use of network security behalf of an agency; ‘‘(3) may retain, use, and disclose informa- monitoring tools within agency networks; tion obtained through the conduct of activi- ‘‘(2) the terms ‘cybersecurity risk’ and ‘in- and ties authorized under this section only to formation system’ have the meanings given (2) brief appropriate congressional commit- protect information and information sys- those terms in section 227; tees on such prioritization and use. ‘‘(3) the term ‘intelligence community’ has tems from cybersecurity risks; (c) AGENCY RESPONSIBILITIES.— the meaning given the term in section 3(4) of ‘‘(4) shall regularly assess through oper- (1) IN GENERAL.—Except as provided in ational test and evaluation in real world or the National Security Act of 1947 (50 U.S.C. paragraph (2)— simulated environments available advanced 3003(4)); and (A) not later than 1 year after the date of protective technologies to improve detection ‘‘(4) the term ‘national security system’ enactment of this Act or 2 months after the has the meaning given the term in section and prevention capabilities, including com- date on which the Secretary makes available 11103 of title 40, United States Code. mercial and non-commercial technologies the intrusion detection and prevention capa- ‘‘(b) INTRUSION ASSESSMENT PLAN.— and detection technologies beyond signa- bilities under section 230(b)(1) of the Home- ‘‘(1) REQUIREMENT.—The Secretary, in co- ture-based detection, and utilize such tech- ordination with the Director of the Office of nologies when appropriate; land Security Act of 2002, as added by sub- Management and Budget, shall develop and ‘‘(5) shall establish a pilot to acquire, test, section (a), whichever is later, the head of implement an intrusion assessment plan to and deploy, as rapidly as possible, tech- each agency shall apply and continue to uti- identify and remove intruders in agency in- nologies described in paragraph (4); lize the capabilities to all information trav- formation systems. ‘‘(6) shall periodically update the privacy eling between an agency information system and any information system other than an ‘‘(2) EXCEPTION.—The intrusion assessment impact assessment required under section plan required under paragraph (1) shall not 208(b) of the E-Government Act of 2002 (44 agency information system; and apply to the Department of Defense, a na- U.S.C. 3501 note); and (B) not later than 6 months after the date tional security system, or an element of the ‘‘(7) shall ensure that— on which the Secretary makes available im- intelligence community.’’; ‘‘(A) activities carried out under this sec- provements to the intrusion detection and (5) in section 228(c), as so redesignated, by tion are reasonably necessary for the pur- prevention capabilities pursuant to section striking ‘‘section 226’’ and inserting ‘‘section pose of protecting agency information and 230(b)(2) of the Homeland Security Act of 227’’; and agency information systems from a cyberse- 2002, as added by subsection (a), the head of (6) by inserting after section 229, as so re- curity risk; each agency shall apply and continue to uti- designated, the following: ‘‘(B) information accessed by the Secretary lize the improved intrusion detection and prevention capabilities. ‘‘SEC. 230. FEDERAL INTRUSION DETECTION AND will be retained no longer than reasonably PREVENTION SYSTEM. necessary for the purpose of protecting agen- (2) EXCEPTION.—The requirements under ‘‘(a) DEFINITIONS.—In this section— cy information and agency information sys- paragraph (1) shall not apply to the Depart- ‘‘(1) the term ‘agency’ has the meaning tems from a cybersecurity risk; ment of Defense, a national security system, given that term in section 3502 of title 44, ‘‘(C) notice has been provided to users of an or an element of the intelligence commu- United States Code; agency information system concerning ac- nity. ‘‘(2) the term ‘agency information’ means cess to communications of users of the agen- (3) DEFINITION.—In this subsection only, information collected or maintained by or on cy information system for the purpose of the term ‘‘agency information system’’ behalf of an agency; protecting agency information and the agen- means an information system owned or oper- ‘‘(3) the term ‘agency information system’ cy information system; and ated by an agency. has the meaning given the term in section ‘‘(D) the activities are implemented pursu- (4) RULE OF CONSTRUCTION.—Nothing in this 228; and ant to policies and procedures governing the subsection shall be construed to limit an ‘‘(4) the terms ‘cybersecurity risk’ and ‘in- operation of the intrusion detection and pre- agency from applying the intrusion detec- formation system’ have the meanings given vention capabilities. tion and prevention capabilities under sec- those terms in section 227. ‘‘(d) PRIVATE ENTITIES.— tion 230(b)(1) of the Homeland Security Act ‘‘(b) REQUIREMENT.— ‘‘(1) CONDITIONS.—A private entity de- of 2002, as added by subsection (a), at the dis- ‘‘(1) IN GENERAL.—Not later than 1 year scribed in subsection (c)(2) may not— cretion of the head of the agency or as pro- after the date of enactment of this section, ‘‘(A) disclose any network traffic vided in relevant policies, directives, and the Secretary shall deploy, operate, and transiting or traveling to or from an agency guidelines. maintain, to make available for use by any information system to any entity without (d) TABLE OF CONTENTS AMENDMENT.—The agency, with or without reimbursement— the consent of the Department or the agency table of contents in section 1(b) of the Home- ‘‘(A) a capability to detect cybersecurity that disclosed the information under sub- land Security Act of 2002 (6 U.S.C. 101 note) risks in network traffic transiting or trav- section (c)(1); or is amended by striking the items relating to eling to or from an agency information sys- ‘‘(B) use any network traffic transiting or the first section designated as section 226, tem; and traveling to or from an agency information the second section designated as section 226 ‘‘(B) a capability to prevent network traf- system to which the private entity gains ac- (relating to the national cybersecurity and fic associated with such cybersecurity risks cess in accordance with this section for any communications integration center), section from transiting or traveling to or from an purpose other than to protect agency infor- 227, and section 228 and inserting the fol- agency information system or modify such mation and agency information systems lowing: network traffic to remove the cybersecurity against cybersecurity risks or to administer ‘‘Sec. 226. Cybersecurity recruitment and re- risk. a contract or other agreement entered into tention. ‘‘(2) REGULAR IMPROVEMENT.—The Sec- pursuant to subsection (c)(2) or as part of an- ‘‘Sec. 227. National cybersecurity and com- retary shall regularly deploy new tech- other contract with the Secretary. munications integration center.

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‘‘Sec. 228. Cybersecurity plans. (D) implement a single sign-on trusted (A) SECRETARY OF HOMELAND SECURITY RE- ‘‘Sec. 229. Clearances. identity platform for individuals accessing PORT.—Not later than 6 months after the ‘‘Sec. 230. Federal intrusion detection and each public website of the agency that re- date of enactment of this Act, and annually prevention system.’’. quires user authentication, as developed by thereafter, the Secretary shall submit to the SEC. 204. ADVANCED INTERNAL DEFENSES. the Administrator of General Services in col- appropriate congressional committees a re- (a) ADVANCED NETWORK SECURITY TOOLS.— laboration with the Secretary; and port on the status of implementation of the (1) IN GENERAL.—The Secretary shall in- (E) implement identity management con- intrusion detection and prevention capabili- clude in the Continuous Diagnostics and sistent with section 504 of the Cybersecurity ties, including— Mitigation Program advanced network secu- Enhancement Act of 2014 (Public Law 113– (i) a description of privacy controls; rity tools to improve visibility of network 274; 15 U.S.C. 7464), including multi-factor (ii) a description of the technologies and activity, including through the use of com- authentication, for— capabilities utilized to detect cybersecurity mercial and free or open source tools, to de- (i) remote access to an agency information risks in network traffic, including the extent tect and mitigate intrusions and anomalous system; and to which those technologies and capabilities activity. (ii) each user account with elevated privi- include existing commercial and non-com- mercial technologies; (2) DEVELOPMENT OF PLAN.—The Director leges on an agency information system. shall develop and implement a plan to ensure (2) EXCEPTION.—The requirements under (iii) a description of the technologies and that each agency utilizes advanced network paragraph (1) shall not apply to an agency capabilities utilized to prevent network traf- security tools, including those described in information system for which— fic associated with cybersecurity risks from paragraph (1), to detect and mitigate intru- (A) the head of the agency has personally transiting or traveling to or from agency in- sions and anomalous activity. certified to the Director with particularity formation systems, including the extent to which those technologies and capabilities in- (b) IMPROVED METRICS.—The Secretary, in that— clude existing commercial and non-commer- collaboration with the Director, shall review (i) operational requirements articulated in cial technologies; and update the metrics used to measure se- the certification and related to the agency (iv) a list of the types of indicators or curity under section 3554 of title 44, United information system would make it exces- other identifiers or techniques used to detect States Code, to include measures of intru- sively burdensome to implement the cyber- cybersecurity risks in network traffic sion and incident detection and response security requirement; transiting or traveling to or from agency in- times. (ii) the cybersecurity requirement is not formation systems on each iteration of the (c) TRANSPARENCY AND ACCOUNTABILITY.— necessary to secure the agency information intrusion detection and prevention capabili- The Director, in consultation with the Sec- system or agency information stored on or ties and the number of each such type of in- retary, shall increase transparency to the transiting it; and dicator, identifier, and technique; public on agency cybersecurity posture, in- (iii) the agency has taken all necessary steps to secure the agency information sys- (v) the number of instances in which the cluding by increasing the number of metrics intrusion detection and prevention capabili- available on Federal Government perform- tem and agency information stored on or transiting it; and ties detected a cybersecurity risk in network ance websites and, to the greatest extent traffic transiting or traveling to or from practicable, displaying metrics for depart- (B) the head of the agency or the designee of the head of the agency has submitted the agency information systems and the number ment components, small agencies, and micro of times the intrusion detection and preven- certification described in subparagraph (A) agencies. tion capabilities blocked network traffic as- to the appropriate congressional committees (d) MAINTENANCE OF TECHNOLOGIES.—Sec- sociated with cybersecurity risk; and and the agency’s authorizing committees. tion 3553(b)(6)(B) of title 44, United States (vi) a description of the pilot established (3) CONSTRUCTION.—Nothing in this section Code, is amended by inserting ‘‘, operating, under section 230(c)(5) of the Homeland Secu- shall be construed to alter the authority of and maintaining’’ after ‘‘deploying’’. rity Act of 2002, as added by section 203(a) of the Secretary, the Director, or the Director (e) EXCEPTION.—The requirements under this Act, including the number of new tech- of the National Institute of Standards and this section shall not apply to the Depart- nologies tested and the number of partici- Technology in implementing subchapter II of ment of Defense, a national security system, pating agencies. chapter 35 of title 44, United States Code. or an element of the intelligence commu- (B) OMB REPORT.—Not later than 18 nity. Nothing in this section shall be construed to months after the date of enactment of this SEC. 205. FEDERAL CYBERSECURITY REQUIRE- affect the National Institute of Standards Act, and annually thereafter, the Director MENTS. and Technology standards process or the re- shall submit to Congress, as part of the re- (a) IMPLEMENTATION OF FEDERAL CYBERSE- quirement under section 3553(a)(4) of such port required under section 3553(c) of title 44, CURITY STANDARDS.—Consistent with section title or to discourage continued improve- United States Code, an analysis of agency 3553 of title 44, United States Code, the Sec- ments and advancements in the technology, application of the intrusion detection and retary, in consultation with the Director, standards, policies, and guidelines used to prevention capabilities, including— shall exercise the authority to issue binding promote Federal information security. (i) a list of each agency and the degree to operational directives to assist the Director (c) EXCEPTION.—The requirements under which each agency has applied the intrusion in ensuring timely agency adoption of and this section shall not apply to the Depart- detection and prevention capabilities to an compliance with policies and standards pro- ment of Defense, a national security system, agency information system; and mulgated under section 11331 of title 40, or an element of the intelligence commu- (ii) a list by agency of— United States Code, for securing agency in- nity. (I) the number of instances in which the in- formation systems. SEC. 206. ASSESSMENT; REPORTS. trusion detection and prevention capabilities (b) CYBERSECURITY REQUIREMENTS AT AGEN- (a) DEFINITIONS.—In this section— detected a cybersecurity risk in network CIES.— (1) the term ‘‘intrusion assessments’’ traffic transiting or traveling to or from an (1) IN GENERAL.—Consistent with policies, means actions taken under the intrusion as- agency information system and the types of standards, guidelines, and directives on in- sessment plan to identify and remove intrud- indicators, identifiers, and techniques used formation security under subchapter II of ers in agency information systems; to detect such cybersecurity risks; and chapter 35 of title 44, United States Code, (2) the term ‘‘intrusion assessment plan’’ (II) the number of instances in which the and the standards and guidelines promul- means the plan required under section intrusion detection and prevention capabili- gated under section 11331 of title 40, United 228(b)(1) of the Homeland Security Act of ties prevented network traffic associated States Code, and except as provided in para- 2002, as added by section 203(a) of this Act; with a cybersecurity risk from transiting or graph (2), not later than 1 year after the date and traveling to or from an agency information of the enactment of this Act, the head of (3) the term ‘‘intrusion detection and pre- system and the types of indicators, identi- each agency shall— vention capabilities’’ means the capabilities fiers, and techniques used to detect such (A) identify sensitive and mission critical required under section 230(b) of the Home- agency information systems. data stored by the agency consistent with land Security Act of 2002, as added by section (2) OMB REPORT ON DEVELOPMENT AND IM- the inventory required under the first sub- 203(a) of this Act. PLEMENTATION OF INTRUSION ASSESSMENT section (c) (relating to the inventory of (b) THIRD PARTY ASSESSMENT.—Not later PLAN, ADVANCED INTERNAL DEFENSES, AND major information systems) and the second than 3 years after the date of enactment of FEDERAL CYBERSECURITY BEST PRACTICES.— subsection (c) (relating to the inventory of this Act, the Government Accountability Of- The Director shall— information systems) of section 3505 of title fice shall conduct a study and publish a re- (A) not later than 6 months after the date 44, United States Code; port on the effectiveness of the approach and of enactment of this Act, and 30 days after (B) assess access controls to the data de- strategy of the Federal Government to se- any update thereto, submit the intrusion as- scribed in subparagraph (A), the need for curing agency information systems, includ- sessment plan to the appropriate congres- readily accessible storage of the data, and in- ing the intrusion detection and prevention sional committees; dividuals’ need to access the data; capabilities and the intrusion assessment (B) not later than 1 year after the date of (C) encrypt or otherwise render indecipher- plan. enactment of this Act, and annually there- able to unauthorized users the data described (c) REPORTS TO CONGRESS.— after, submit to Congress, as part of the re- in subparagraph (A) that is stored on or (1) INTRUSION DETECTION AND PREVENTION port required under section 3553(c) of title 44, transiting agency information systems; CAPABILITIES.— United States Code—

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(i) a description of the implementation of ‘‘(h) DIRECTION TO AGENCIES.— ‘‘(iv) the Secretary provides prior notice to the intrusion assessment plan; ‘‘(1) AUTHORITY.— the Director, and the head and chief informa- (ii) the findings of the intrusion assess- ‘‘(A) IN GENERAL.—Subject to subparagraph tion officer (or equivalent official) of each ments conducted pursuant to the intrusion (B), in response to a known or reasonably agency to which specific actions will be assessment plan; suspected information security threat, vul- taken pursuant to subparagraph (A), and no- (iii) advanced network security tools in- nerability, or incident that represents a sub- tifies the appropriate congressional commit- cluded in the Continuous Diagnostics and stantial threat to the information security tees and authorizing committees of each Mitigation Program pursuant to section of an agency, the Secretary may issue an such agencies within seven days of taking an 204(a)(1); emergency directive to the head of an agency action under this subsection of— (iv) the results of the assessment of the to take any lawful action with respect to the ‘‘(I) any action taken under this sub- Secretary of best practices for Federal cy- operation of the information system, includ- section; and bersecurity pursuant to section 205(a); and ing such systems used or operated by an- ‘‘(II) the reasons for and duration and na- (v) a list by agency of compliance with the other entity on behalf of an agency, that col- ture of the action; requirements of section 205(b); and lects, processes, stores, transmits, dissemi- ‘‘(v) the action of the Secretary is con- (C) not later than 1 year after the date of nates, or otherwise maintains agency infor- sistent with applicable law; and enactment of this Act, submit to the appro- mation, for the purpose of protecting the in- ‘‘(vi) the Secretary authorizes the use of priate congressional committees— formation system from, or mitigating, an in- protective capabilities in accordance with (i) a copy of the plan developed pursuant to formation security threat. the advance procedures established under section 204(a)(2); and ‘‘(B) EXCEPTION.—The authorities of the subparagraph (C). (ii) the improved metrics developed pursu- Secretary under this subsection shall not ‘‘(B) LIMITATION ON DELEGATION.—The au- ant to section 204(b). apply to a system described subsection (d) or thority under this subsection may not be SEC. 207. TERMINATION. to a system described in paragraph (2) or (3) delegated by the Secretary. (a) IN GENERAL.—The authority provided of subsection (e). ‘‘(C) ADVANCE PROCEDURES.—The Secretary under section 230 of the Homeland Security ‘‘(2) PROCEDURES FOR USE OF AUTHORITY.— shall, in coordination with the Director, and Act of 2002, as added by section 203(a) of this The Secretary shall— in consultation with the heads of Federal Act, and the reporting requirements under ‘‘(A) in coordination with the Director, es- agencies, establish procedures governing the section 206(c) shall terminate on the date tablish procedures governing the cir- circumstances under which the Secretary that is 7 years after the date of enactment of cumstances under which a directive may be may authorize the use of protective capabili- this Act. issued under this subsection, which shall in- ties subparagraph (A). The Secretary shall (b) RULE OF CONSTRUCTION.—Nothing in clude— submit the procedures to Congress. subsection (a) shall be construed to affect ‘‘(i) thresholds and other criteria; ‘‘(4) LIMITATION.—The Secretary may di- the limitation of liability of a private entity ‘‘(ii) privacy and civil liberties protections; rect or authorize lawful action or protective for assistance provided to the Secretary and capability under this subsection only to— under section 230(d)(2) of the Homeland Secu- ‘‘(iii) providing notice to potentially af- ‘‘(A) protect agency information from un- rity Act of 2002, as added by section 203(a) of fected third parties; authorized access, use, disclosure, disrup- this Act, if such assistance was rendered be- ‘‘(B) specify the reasons for the required tion, modification, or destruction; or fore the termination date under subsection action and the duration of the directive; ‘‘(B) require the remediation of or protect (a) or otherwise during a period in which the ‘‘(C) minimize the impact of a directive against identified information security risks assistance was authorized. under this subsection by— with respect to— SEC. 208. IDENTIFICATION OF INFORMATION SYS- ‘‘(i) adopting the least intrusive means ‘‘(i) information collected or maintained TEMS RELATING TO NATIONAL SE- possible under the circumstances to secure by or on behalf of an agency; or CURITY. ‘‘(ii) that portion of an information system (a) IN GENERAL.—Except as provided in the agency information systems; and used or operated by an agency or by a con- subsection (c), not later than 180 days after ‘‘(ii) limiting directives to the shortest pe- tractor of an agency or other organization the date of enactment of this Act— riod practicable; on behalf of an agency. (1) the Director of National Intelligence ‘‘(D) notify the Director and the head of any affected agency immediately upon the ‘‘(i) ANNUAL REPORT TO CONGRESS.—Not and the Director of the Office of Manage- later than February 1 of each year, the Di- ment and Budget, in coordination with the issuance of a directive under this subsection; ‘‘(E) consult with the Director of the Na- rector shall submit to the appropriate con- heads of other agencies, shall— gressional committees a report regarding the (A) identify all unclassified information tional Institute of Standards and Technology regarding any directive under this sub- specific actions the Director has taken pur- systems that provide access to information suant to subsection (a)(5), including any ac- that may provide an adversary with the abil- section that implements standards and guidelines developed by the National Insti- tions taken pursuant to section 11303(b)(5) of ity to derive information that would other- title 40. wise be considered classified; tute of Standards and Technology; ‘‘(F) ensure that directives issued under ‘‘(j) APPROPRIATE CONGRESSIONAL COMMIT- (B) assess the risks that would result from TEES DEFINED.—In this section, the term ‘ap- the breach of each unclassified information this subsection do not conflict with the standards and guidelines issued under sec- propriate congressional committees’ system identified in subparagraph (A); and means— (C) assess the cost and impact on the mis- tion 11331 of title 40; ‘‘(G) consider any applicable standards or ‘‘(1) the Committee on Appropriations and sion carried out by each agency that owns an the Committee on Homeland Security and unclassified information system identified in guidelines developed by the National Insti- tute of Standards and issued by the Sec- Governmental Affairs of the Senate; and subparagraph (A) if the system were to be ‘‘(2) the Committee on Appropriations, the subsequently designated as a national secu- retary of Commerce under section 11331 of title 40; and Committee on Homeland Security, the Com- rity system; and mittee on Oversight and Government Re- (2) the Director of National Intelligence ‘‘(H) not later than February 1 of each year, submit to the appropriate congres- form, and the Committee on Science, Space, and the Director of the Office of Manage- and Technology of the House of Representa- ment and Budget shall submit to the appro- sional committees a report regarding the specific actions the Secretary has taken pur- tives.’’. priate congressional committees, the Select (b) CONFORMING AMENDMENT.—Section suant to paragraph (1)(A). Committee on Intelligence of the Senate, 3554(a)(1)(B) of title 44, United States Code, is ‘‘(3) IMMINENT THREATS.— and the Permanent Select Committee on In- amended— ‘‘(A) IN GENERAL.—Notwithstanding section telligence of the House of Representatives a (1) in clause (iii), by striking ‘‘and’’ at the 3554, the Secretary may authorize the intru- report that includes the findings under para- end; and sion detection and prevention capabilities graph (1). (2) by adding at the end the following: under section 230(b)(1) of the Homeland Secu- (b) FORM.—The report submitted under ‘‘(v) emergency directives issued by the rity Act of 2002 for the purpose of ensuring subsection (a)(2) shall be in unclassified Secretary under section 3553(h); and’’. form, and shall include a classified annex. the security of agency information systems, (c) EXCEPTION.—The requirements under if— TITLE III—FEDERAL CYBERSECURITY subsection (a)(1) shall not apply to the De- ‘‘(i) the Secretary determines there is an WORKFORCE ASSESSMENT partment of Defense, a national security sys- imminent threat to agency information sys- SEC. 301. SHORT TITLE. tem, or an element of the intelligence com- tems; This title may be cited as the ‘‘Federal Cy- munity. ‘‘(ii) the Secretary determines a directive bersecurity Workforce Assessment Act of (d) RULE OF CONSTRUCTION.—Nothing in under subsection (b)(2)(C) or paragraph (1)(A) 2015’’. this section shall be construed to designate is not reasonably likely to result in a timely SEC. 302. DEFINITIONS. an information system as a national security response to the threat; In this title: system. ‘‘(iii) the Secretary determines the risk (1) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 209. DIRECTION TO AGENCIES. posed by the imminent threat outweighs any TEES.—The term ‘‘appropriate congressional (a) IN GENERAL.—Section 3553 of title 44, adverse consequences reasonably expected to committees’’ means— United States Code, is amended by adding at result from the use of protective capabilities (A) the Committee on Armed Services of the end the following: under the control of the Secretary; the Senate;

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(ii) to assign the appropriate employment such subsection. (2) DIRECTOR.—The term ‘‘Director’’ means code to each such position, using agreed (b) MATTERS STUDIED.—In carrying out the the Director of the Office of Personnel Man- standards and definitions. study under subsection (a)(1), the Secretary, agement. (2) CODE ASSIGNMENTS.—Not later than 1 in consultation with the Director of the Na- (3) ROLES.—The term ‘‘roles’’ has the year after the date after the procedures are tional Institute of Standards and Tech- meaning given the term in the National Ini- established under paragraph (1)(E), the head nology, shall— tiative for Cybersecurity Education’s Cyber- of each Federal agency shall complete as- (1) assess the evolution of mobile security security Workforce Framework. signment of the appropriate employment techniques from a desktop-centric approach, SEC. 303. NATIONAL CYBERSECURITY WORK- code to each position within the agency with and whether such techniques are adequate to FORCE MEASUREMENT INITIATIVE. information technology, cybersecurity, or meet current mobile security challenges; (a) IN GENERAL.—The head of each Federal other cyber-related functions. (2) assess the effect such threats may have agency shall— (c) PROGRESS REPORT.—Not later than 180 on the cybersecurity of the information sys- days after the date of enactment of this Act, (1) identify all positions within the agency tems and networks of the Federal Govern- the Director shall submit a progress report that require the performance of cybersecu- ment (except for national security systems on the implementation of this section to the rity or other cyber-related functions; and or the information systems and networks of appropriate congressional committees. (2) assign the corresponding employment the Department of Defense and the intel- code, which shall be added to the National SEC. 304. IDENTIFICATION OF CYBER-RELATED ligence community); ROLES OF CRITICAL NEED. Initiative for Cybersecurity Education’s Na- (3) develop recommendations for address- (a) IN GENERAL.—Beginning not later than tional Cybersecurity Workforce Framework, 1 year after the date on which the employ- ing such threats based on industry standards in accordance with subsection (b). ment codes are assigned to employees pursu- and best practices; (b) EMPLOYMENT CODES.— ant to section 203(b)(2), and annually (4) identify any deficiencies in the current (1) PROCEDURES.— through 2022, the head of each Federal agen- authorities of the Secretary that may in- (A) CODING STRUCTURE.—Not later than 180 cy, in consultation with the Director, the Di- hibit the ability of the Secretary to address days after the date of the enactment of this rector of the National Institute of Standards mobile device security throughout the Fed- Act, the Secretary of Commerce, acting and Technology, and the Secretary of Home- eral Government (except for national secu- through the National Institute of Standards land Security, shall— rity systems and the information systems and Technology, shall update the National (1) identify information technology, cyber- and networks of the Department of Defense Initiative for Cybersecurity Education’s Cy- security, or other cyber-related roles of crit- and intelligence community); and bersecurity Workforce Framework to include ical need in the agency’s workforce; and (5) develop a plan for accelerated adoption a corresponding coding structure. (2) submit a report to the Director that— of secure mobile device technology by the (B) IDENTIFICATION OF CIVILIAN CYBER PER- (A) describes the information technology, Department of Homeland Security. SONNEL.—Not later than 9 months after the cybersecurity, or other cyber-related roles (c) INTELLIGENCE COMMUNITY DEFINED.—In date of enactment of this Act, the Director, identified under paragraph (1); and this section, the term ‘‘intelligence commu- in coordination with the Director of the Na- (B) substantiates the critical need designa- nity’’ has the meaning given such term in tional Institute of Standards and Technology tions. section 3 of the National Security Act of 1947 and the Director of National Intelligence, (b) GUIDANCE.—The Director shall provide (50 U.S.C. 3003). shall establish procedures to implement the Federal agencies with timely guidance for National Initiative for Cybersecurity Edu- identifying information technology, cyberse- SEC. 402. DEPARTMENT OF STATE INTER- cation’s coding structure to identify all Fed- NATIONAL CYBERSPACE POLICY curity, or other cyber-related roles of crit- STRATEGY. eral civilian positions that require the per- ical need, including— formance of information technology, cyber- (1) current information technology, cyber- (a) IN GENERAL.—Not later than 90 days security, or other cyber-related functions. security, and other cyber-related roles with after the date of the enactment of this Act, (C) IDENTIFICATION OF NONCIVILIAN CYBER acute skill shortages; and the Secretary of State shall produce a com- PERSONNEL.—Not later than 18 months after (2) information technology, cybersecurity, prehensive strategy relating to United the date of enactment of this Act, the Sec- or other cyber-related roles with emerging States international policy with regard to retary of Defense shall establish procedures skill shortages. cyberspace. to implement the National Initiative for Cy- (c) CYBERSECURITY NEEDS REPORT.—Not (b) ELEMENTS.—The strategy required by bersecurity Education’s coding structure to later than 2 years after the date of the enact- subsection (a) shall include the following: identify all Federal noncivilian positions ment of this Act, the Director, in consulta- (1) A review of actions and activities un- that require the performance of information tion with the Secretary of Homeland Secu- dertaken by the Secretary of State to date technology, cybersecurity, or other cyber-re- rity, shall— to support the goal of the President’s Inter- lated functions. (1) identify critical needs for information national Strategy for Cyberspace, released in (D) BASELINE ASSESSMENT OF EXISTING CY- technology, cybersecurity, or other cyber-re- May 2011, to ‘‘work internationally to pro- BERSECURITY WORKFORCE.—Not later than 3 lated workforce across all Federal agencies; mote an open, interoperable, secure, and reli- months after the date on which the proce- and able information and communications infra- dures are developed under subparagraphs (B) (2) submit a progress report on the imple- structure that supports international trade and (C), respectively, the head of each Fed- mentation of this section to the appropriate and commerce, strengthens international se- eral agency shall submit to the appropriate congressional committees. curity, and fosters free expression and inno- congressional committees of jurisdiction a SEC. 305. GOVERNMENT ACCOUNTABILITY OF- vation.’’. report that identifies— FICE STATUS REPORTS. (2) A plan of action to guide the diplomacy (i) the percentage of personnel with infor- The Comptroller General of the United of the Secretary of State, with regard to for- mation technology, cybersecurity, or other States shall— eign countries, including conducting bilat- cyber-related job functions who currently (1) analyze and monitor the implementa- eral and multilateral activities to develop hold the appropriate industry-recognized tion of sections 303 and 304; and the norms of responsible international be- certifications as identified in the National (2) not later than 3 years after the date of havior in cyberspace, and status review of Initiative for Cybersecurity Education’s Cy- the enactment of this Act, submit a report existing discussions in multilateral fora to bersecurity Workforce Framework; to the appropriate congressional committees obtain agreements on international norms in (ii) the level of preparedness of other civil- that describes the status of such implemen- cyberspace. ian and noncivilian cyber personnel without tation. (3) A review of the alternative concepts existing credentials to take certification TITLE IV—OTHER CYBER MATTERS with regard to international norms in cyber- exams; and SEC. 401. STUDY ON MOBILE DEVICE SECURITY. space offered by foreign countries that are (iii) a strategy for mitigating any gaps (a) IN GENERAL.—Not later than 1 year prominent actors, including China, Russia, identified in clause (i) or (ii) with the appro- after the date of the enactment of this Act, Brazil, and India.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7532 CONGRESSIONAL RECORD — SENATE October 27, 2015 (4) A detailed description of threats to (C) for each international cyber criminal (2) require an entity to— United States national security in cyber- who was extradited to the United States dur- (A) adopt a recommended measure devel- space from foreign countries, state-spon- ing the most recently completed calendar oped under subsection (b); or sored actors, and private actors to Federal year— (B) follow the best practices developed and private sector infrastructure of the (i) his or her name; under subsection (c). United States, intellectual property in the (ii) the crimes for which he or she was SEC. 405. IMPROVING CYBERSECURITY IN THE United States, and the privacy of citizens of charged; HEALTH CARE INDUSTRY. the United States. (iii) his or her previous country of resi- (a) DEFINITIONS.—In this section: (5) A review of policy tools available to the dence; and (1) BUSINESS ASSOCIATE.—The term ‘‘busi- President to deter foreign countries, state- (iv) the country from which he or she was ness associate’’ has the meaning given such sponsored actors, and private actors, includ- extradited into the United States. term in section 160.103 of title 45, Code of ing those outlined in 13694, (2) FORM.—The report required by this sub- Federal Regulations. released on April 1, 2015. section shall be in unclassified form to the (2) COVERED ENTITY.—The term ‘‘covered (6) A review of resources required by the maximum extent possible, but may include a entity’’ has the meaning given such term in Secretary, including the Office of the Coordi- classified annex. section 160.103 of title 45, Code of Federal nator for Cyber Issues, to conduct activities (3) APPROPRIATE CONGRESSIONAL COMMIT- Regulations. to build responsible norms of international TEES.—For purposes of this subsection, the (3) HEALTH CARE CLEARINGHOUSE; HEALTH cyber behavior. term ‘‘appropriate congressional commit- CARE PROVIDER; HEALTH PLAN.—The terms (c) CONSULTATION.—In preparing the strat- tees’’ means— ‘‘health care clearinghouse’’, ‘‘health care egy required by subsection (a), the Secretary (A) the Committee on Foreign Relations, provider’’, and ‘‘health plan’’ have the mean- of State shall consult, as appropriate, with the Committee on Appropriations, the Com- ings given the terms in section 160.103 of other agencies and departments of the mittee on Homeland Security and Govern- title 45, Code of Federal Regulations. United States and the private sector and mental Affairs, the Committee on Banking, (4) HEALTH CARE INDUSTRY STAKEHOLDER.— nongovernmental organizations in the Housing, and Urban Affairs, the Select Com- The term ‘‘health care industry stakeholder’’ United States with recognized credentials mittee on Intelligence, and the Committee means any— and expertise in foreign policy, national se- on the Judiciary of the Senate; and (A) health plan, health care clearinghouse, curity, and cybersecurity. (B) the Committee on Foreign Affairs, the or health care provider; (d) FORM OF STRATEGY.—The strategy re- Committee on Appropriations, the Com- (B) patient advocate; quired by subsection (a) shall be in unclassi- mittee on Homeland Security, the Com- (C) pharmacist; fied form, but may include a classified mittee on Financial Services, the Permanent (D) developer of health information tech- annex. Select Committee on Intelligence, and the (e) AVAILABILITY OF INFORMATION.—The nology; Committee on the Judiciary of the House of (E) laboratory; Secretary of State shall— Representatives. (1) make the strategy required in sub- (F) pharmaceutical or medical device man- SEC. 404. ENHANCEMENT OF EMERGENCY SERV- section (a) available the public; and ufacturer; or ICES. (G) additional stakeholder the Secretary (2) brief the Committee on Foreign Rela- (a) COLLECTION OF DATA.—Not later than 90 tions of the Senate and the Committee on determines necessary for purposes of sub- days after the date of enactment of this Act, section (d)(1), (d)(3), or (e). Foreign Affairs of the House of Representa- the Secretary of Homeland Security, acting tives on the strategy, including any material (5) SECRETARY.—The term ‘‘Secretary’’ through the National Cybersecurity and means the Secretary of Health and Human contained in a classified annex. Communications Integration Center, in co- Services. SEC. 403. APPREHENSION AND PROSECUTION OF ordination with appropriate Federal entities (b) REPORT.—Not later than 1 year after INTERNATIONAL CYBER CRIMINALS. and the Director for Emergency Communica- (a) INTERNATIONAL CYBER CRIMINAL DE- the date of enactment of this Act, the Sec- tions, shall establish a process by which a retary shall submit, to the Committee on FINED.—In this section, the term ‘‘inter- Statewide Interoperability Coordinator may national cyber criminal’’ means an indi- Health, Education, Labor, and Pensions of report data on any cybersecurity risk or in- the Senate and the Committee on Energy vidual— cident involving any information system or (1) who is believed to have committed a and Commerce of the House of Representa- network used by emergency response pro- tives, a report on the preparedness of the cybercrime or intellectual property crime viders (as defined in section 2 of the Home- against the interests of the United States or health care industry in responding to cyber- land Security Act of 2002 (6 U.S.C. 101)) with- security threats. the citizens of the United States; and in the State. (2) for whom— (c) CONTENTS OF REPORT.—With respect to (b) ANALYSIS OF DATA.—Not later than 1 the internal response of the Department of (A) an arrest warrant has been issued by a year after the date of enactment of this Act, judge in the United States; or Health and Human Services to emerging cy- the Secretary of Homeland Security, acting bersecurity threats, the report shall in- (B) an international wanted notice (com- through the Director of the National Cyber- clude— monly referred to as a ‘‘Red Notice’’) has security and Communications Integration (1) a clear statement of the official within been circulated by Interpol. Center, in coordination with appropriate en- the Department of Health and Human Serv- (b) CONSULTATIONS FOR NONCOOPERATION.— tities and the Director for Emergency Com- ices to be responsible for leading and coordi- The Secretary of State, or designee, shall munications, and in consultation with the nating efforts of the Department regarding consult with the appropriate government of- Director of the National Institute of Stand- cybersecurity threats in the health care in- ficial of each country from which extradition ards and Technology, shall conduct integra- is not likely due to the lack of an extra- tion and analysis of the data reported under dustry; and dition treaty with the United States or other subsection (a) to develop information and (2) a plan from each relevant operating di- reasons, in which one or more international recommendations on security and resilience vision and subdivision of the Department of cyber criminals are physically present, to measures for any information system or net- Health and Human Services on how such di- determine what actions the government of work used by State emergency response pro- vision or subdivision will address cybersecu- such country has taken— viders. rity threats in the health care industry, in- (1) to apprehend and prosecute such crimi- (c) BEST PRACTICES.— cluding a clear delineation of how each such nals; and (1) IN GENERAL.—Using the results of the division or subdivision will divide responsi- (2) to prevent such criminals from carrying integration and analysis conducted under bility among the personnel of such division out cybercrimes or intellectual property subsection (b), and any other relevant infor- or subdivision and communicate with other crimes against the interests of the United mation, the Director of the National Insti- such divisions and subdivisions regarding ef- States or its citizens. tute of Standards and Technology shall, on forts to address such threats. (c) ANNUAL REPORT.— an ongoing basis, facilitate and support the (d) HEALTH CARE INDUSTRY CYBERSECURITY (1) IN GENERAL.—The Secretary of State development of methods for reducing cyber- TASK FORCE.— shall submit to the appropriate congres- security risks to emergency response pro- (1) IN GENERAL.—Not later than 60 days sional committees an annual report that in- viders using the process described in section after the date of enactment of this Act, the cludes— 2(e) of the National Institute of Standards Secretary, in consultation with the Director (A) the number of international cyber and Technology Act (15 U.S.C. 272(e)). of the National Institute of Standards and criminals located in other countries, (2) REPORT.—The Director of the National Technology and the Secretary of Homeland disaggregated by country, and indicating Institute of Standards and Technology shall Security, shall convene health care industry from which countries extradition is not like- submit a report to Congress on the methods stakeholders, cybersecurity experts, and any ly due to the lack of an extradition treaty developed under paragraph (1) and shall Federal agencies or entities the Secretary with the United States or other reasons; make such report publically available on the determines appropriate to establish a task (B) the nature and number of significant website of the National Institute of Stand- force to— discussions by an official of the Department ards and Technology. (A) analyze how industries, other than the of State on ways to thwart or prosecute (d) RULE OF CONSTRUCTION.—Nothing in health care industry, have implemented international cyber criminals with an offi- this section shall be construed to— strategies and safeguards for addressing cy- cial of another country, including the name (1) require a State to report data under bersecurity threats within their respective of each such country; and subsection (a); or industries;

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(B) analyze challenges and barriers private (3) NO LIABILITY FOR NONPARTICIPATION.— (II) digital rights management capabili- entities (notwithstanding section 102(15)(B), Nothing in this title shall be construed to ties. excluding any State, tribal, or local govern- subject a health care organization to liabil- (iii) A description of how the covered agen- ment) in the health care industry face secur- ity for choosing not to engage in the vol- cy is using the capabilities described in ing themselves against cyber attacks; untary activities authorized under this sub- clause (ii). (C) review challenges that covered entities section. (iv) If the covered agency is not utilizing and business associates face in securing SEC. 406. FEDERAL COMPUTER SECURITY. capabilities described in clause (ii), a de- networked medical devices and other soft- (a) DEFINITIONS.—In this section: scription of the reasons for not utilizing such ware or systems that connect to an elec- (1) COVERED SYSTEM.—The term ‘‘covered capabilities. tronic health record; system’’ shall mean a national security sys- (E) A description of the policies and proce- (D) provide the Secretary with information tem as defined in section 11103 of title 40, dures of the covered agency with respect to to disseminate to health care industry stake- United States Code, or a Federal computer ensuring that entities, including contrac- holders for purposes of improving their pre- system that provides access to personally tors, that provide services to the covered paredness for, and response to, cybersecurity identifiable information. agency are implementing the data security threats affecting the health care industry; (2) COVERED AGENCY.—The term ‘‘covered management practices described in subpara- (E) establish a plan for creating a single agency’’ means an agency that operates a graph (D). system for the Federal Government to share covered system. (3) EXISTING REVIEW.—The reports required information on actionable intelligence re- (3) LOGICAL ACCESS CONTROL.—The term under this subsection may be based in whole garding cybersecurity threats to the health ‘‘logical access control’’ means a process of or in part on an audit, evaluation, or report care industry in near real time, requiring no granting or denying specific requests to ob- relating to programs or practices of the cov- fee to the recipients of such information, in- tain and use information and related infor- ered agency, and may be submitted as part of cluding which Federal agency or other entity mation processing services. another report, including the report required may be best suited to be the central conduit (4) MULTI-FACTOR LOGICAL ACCESS CON- under section 3555 of title 44, United States to facilitate the sharing of such information; TROLS.—The term ‘‘multi-factor logical ac- Code. and cess controls’’ means a set of not less than 2 (4) CLASSIFIED INFORMATION.—Reports sub- (F) report to Congress on the findings and of the following logical access controls: mitted under this subsection shall be in un- recommendations of the task force regarding (A) Information that is known to the user, classified form, but may include a classified carrying out subparagraphs (A) through (E). such as a password or personal identification annex. (2) TERMINATION.—The task force estab- number. SEC. 407. STRATEGY TO PROTECT CRITICAL IN- lished under this subsection shall terminate (B) An access device that is provided to the FRASTRUCTURE AT GREATEST RISK. on the date that is 1 year after the date of user, such as a cryptographic identification (a) DEFINITIONS.—In this section: enactment of this Act. device or token. (1) APPROPRIATE AGENCY.—The term ‘‘ap- (3) DISSEMINATION.—Not later than 60 days (C) A unique biometric characteristic of propriate agency’’ means, with respect to a after the termination of the task force estab- the user. covered entity— lished under this subsection, the Secretary (5) PRIVILEGED USER.—The term ‘‘privi- (A) except as provided in subparagraph (B), shall disseminate the information described leged user’’ means a user who, by virtue of the applicable sector-specific agency; or in paragraph (1)(D) to health care industry function or seniority, has been allocated (B) in the case of a covered entity that is stakeholders in accordance with such para- powers within a covered system, which are regulated by a Federal entity, such Federal graph. significantly greater than those available to entity. (4) RULE OF CONSTRUCTION.—Nothing in this the majority of users. (2) APPROPRIATE AGENCY HEAD.—The term subsection shall be construed to limit the (b) INSPECTOR GENERAL REPORTS ON COV- ‘‘appropriate agency head’’ means, with re- antitrust exemption under section 104(e) or ERED SYSTEMS.— spect to a covered entity, the head of the ap- the protection from liability under section (1) IN GENERAL.—Not later than 240 days propriate agency. 106. after the date of enactment of this Act, the (3) COVERED ENTITY.—The term ‘‘covered (e) CYBERSECURITY FRAMEWORK.— Inspector General of each covered agency entity’’ means an entity identified pursuant (1) IN GENERAL.—The Secretary shall estab- shall submit to the appropriate committees to section 9(a) of Executive Order 13636 of lish, through a collaborative process with of jurisdiction in the Senate and the House February 12, 2013 (78 Fed. Reg. 11742), relat- the Secretary of Homeland Security, health of Representatives a report, which shall in- ing to identification of critical infrastruc- care industry stakeholders, the National In- clude information collected from the covered ture where a cybersecurity incident could stitute of Standards and Technology, and agency for the contents described in para- reasonably result in catastrophic regional or any Federal agency or entity the Secretary graph (2) regarding the Federal computer national effects on public health or safety, determines appropriate, a single, voluntary, systems of the covered agency. economic security, or national security. national health-specific cybersecurity frame- (2) CONTENTS.—The report submitted by (4) APPROPRIATE CONGRESSIONAL COMMIT- work that— each Inspector General of a covered agency TEES.—The term ‘‘appropriate congressional (A) establishes a common set of voluntary, under paragraph (1) shall include, with re- committees’’ means— consensus-based, and industry-led standards, spect to the covered agency, the following: (A) the Select Committee on Intelligence security practices, guidelines, methodolo- (A) A description of the logical access of the Senate; gies, procedures, and processes that serve as standards used by the covered agency to ac- (B) the Permanent Select Committee on a resource for cost-effectively reducing cy- cess a covered system, including— Intelligence of the House of Representatives; bersecurity risks for a range of health care (i) in aggregate, a list and description of (C) the Committee on Homeland Security organizations; logical access controls used to access such a and Governmental Affairs of the Senate; (B) supports voluntary adoption and imple- covered system; and (D) the Committee on Homeland Security mentation efforts to improve safeguards to (ii) whether the covered agency is using of the House of Representatives; address cybersecurity threats; multi-factor logical access controls to access (E) the Committee on Energy and Natural (C) is consistent with the security and pri- such a covered system. Resources of the Senate; vacy regulations promulgated under section (B) A description of the logical access con- (F) the Committee on Energy and Com- 264(c) of the Health Insurance Portability trols used by the covered agency to govern merce of the House of Representatives; and and Accountability Act of 1996 (42 U.S.C. access to covered systems by privileged (G) the Committee on Commerce, Science, 1320d–2 note) and with the Health Informa- users. and Transportation of the Senate. tion Technology for Economic and Clinical (C) If the covered agency does not use log- (5) SECRETARY.—The term ‘‘Secretary’’ Health Act (title XIII of division A, and title ical access controls or multi-factor logical means the Secretary of the Department of IV of division B, of Public Law 111–5), and access controls to access a covered system, a Homeland Security. the amendments made by such Act; and description of the reasons for not using such (b) STATUS OF EXISTING CYBER INCIDENT (D) is updated on a regular basis and appli- logical access controls or multi-factor log- REPORTING.— cable to the range of health care organiza- ical access controls. (1) IN GENERAL.—No later than 120 days tions described in subparagraph (A). (D) A description of the following data se- after the date of the enactment of this Act, (2) LIMITATION.—Nothing in this subsection curity management practices used by the the Secretary, in conjunction with the ap- shall be interpreted as granting the Sec- covered agency: propriate agency head (as the case may be), retary authority to— (i) The policies and procedures followed to shall submit to the appropriate congres- (A) provide for audits to ensure that health conduct inventories of the software present sional committees describing the extent to care organizations are in compliance with on the covered systems of the covered agen- which each covered entity reports significant the voluntary framework under this sub- cy and the licenses associated with such soft- intrusions of information systems essential section; or ware. to the operation of critical infrastructure to (B) mandate, direct, or condition the award (ii) What capabilities the covered agency the Department of Homeland Security or the of any Federal grant, contract, or purchase utilizes to monitor and detect exfiltration appropriate agency head in a timely manner. on compliance with such voluntary frame- and other threats, including— (2) FORM.—The report submitted under work. (I) data loss prevention capabilities; or paragraph (1) may include a classified annex.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7534 CONGRESSIONAL RECORD — SENATE October 27, 2015 (c) MITIGATION STRATEGY REQUIRED FOR Last week I submitted a resolution Next, I recognize the contributions of CRITICAL INFRASTRUCTURE AT GREATEST to commemorate the goals and ideals the talented staff at the 56 State and RISK.— of National Domestic Violence Aware- territorial domestic violence coalitions (1) IN GENERAL.—No later than 180 days ness Month, which takes place each Oc- around the country and the globe. after the date of the enactment of this Act, the Secretary, in conjunction with the ap- tober. I thank Senators LEAHY, These individuals also help respond to propriate agency head (as the case may be), AYOTTE, and KLOBUCHAR for joining me the needs of battered men, women, and shall conduct an assessment and develop a as original cosponsors of this measure. children, typically by offering their ex- strategy that addresses each of the covered I have met with many domestic vio- pertise and technical support to local entities, to ensure that, to the greatest ex- lence victims over the years. We have domestic violence programs in each tent feasible, a cyber security incident af- come a long way since the enactment and every State and territory. In my fecting such entity would no longer reason- in 1984, with my support, of the land- home State, for example, the Iowa ably result in catastrophic regional or na- mark Family Violence Prevention and State Coalition Against Domestic Vio- tional effects on public health or safety, eco- nomic security, or national security. Services Act. lence has, since way back in 1985, con- (2) ELEMENTS.—The strategy submitted by In the decades since then, Congress nected local service providers to vi- the Secretary with respect to a covered enti- has committed billions of dollars to tally important training and other re- ty shall include the following: implement that statute, as well as the sources that exist to support Iowa sur- (A) An assessment of whether each entity Violence Against Women Act, and we vivors. should be required to report cyber security have seen a decline in the rate of seri- We cannot commemorate Domestic incidents. ous partner violence over the last two Violence Awareness Month without (B) A description of any identified security decades, according to the Congres- also mentioning the police officers who gaps that must be addressed. sional Research Service. (C) Additional statutory authority nec- are on the front lines in the effort to essary to reduce the likelihood that a cyber But researchers and advocates who protect crime victims and to prevent incident could cause catastrophic regional or work with domestic violence survivors abuse in the first place. Domestic vio- national effects on public health or safety, remind us that there is still much work lence calls can present lethal risks for economic security, or national security. to be done to stop this terrible crime officers, and we mourn those who have (3) SUBMITTAL.—The Secretary shall sub- and support survivors in their efforts lost their lives while responding to mit to the appropriate congressional com- to heal. It is estimated that as many as such domestic violence incidents. We mittees the assessment and strategy re- 9 million Americans are physically know, too, that in recent decades the quired by paragraph (1). abused by a partner every year. law enforcement approach to these in- (4) FORM.—The assessment and strategy According to a 2011 survey by the submitted under paragraph (3) may each in- stances has changed to reflect the lat- clude a classified annex. Centers for Disease Control and Pre- est research, and we applaud those po- vention, about 22 percent of women and SEC. 408. STOPPING THE FRAUDULENT SALE OF lice agencies that continue to update FINANCIAL INFORMATION OF PEO- about 14 percent of men have experi- and improve their domestic violence PLE OF THE UNITED STATES. enced severe physical abuse by a part- policies. Section 1029(h) of title 18, United States ner in their lifetime. I also recognize those who operate Code, is amended by striking ‘‘title if—’’ and Experts tell us that domestic vio- the Nation’s domestic violence shelters all that follows through ‘‘therefrom.’’ and in- lence affects women, men, and children that meet the emergency housing serting ‘‘title if the offense involves an ac- of every age and socioeconomic class, cess device issued, owned, managed, or con- needs of thousands of adults and chil- trolled by a financial institution, account but we also know that women still ex- dren each day or millions of Americans issuer, credit card system member, or other perience more domestic violence than each year. Last but not least, I want to entity organized under the laws of the do men, and women are significantly highlight the hard work of the staff at United States, or any State, the District of more likely to be injured in an assault charities and agencies across the Na- Columbia, or other Territory of the United by a partner or a spouse. tion that are devoted to helping domes- States.’’. According to the Justice Depart- tic violence survivors achieve financial SEC. 409. EFFECTIVE PERIOD. ment’s Bureau of Justice Statistics, independence, obtain legal assistance, (a) IN GENERAL.—Except as provided in women between the ages of 18 and 31 and most importantly overcome the subsection (b), this Act and the amendments experience the highest rates of domes- detrimental emotional and physical ef- made by this Act shall be in effect during the tic violence. Most have been victimized fects of abuse. 10-year period beginning on the date of the by the same offender on at least one enactment of this Act. As I close, I urge my colleagues to (b) EXCEPTION.—With respect to any action prior occasion. And, of course, it is support the adoption of this important authorized by this Act or information ob- heartbreaking to realize that millions resolution. With its adoption, we dem- tained pursuant to an action authorized by of American children have been ex- onstrate the Senate supports the goals this Act, which occurred before the date on posed to domestic violence, either by and ideals of National Domestic Vio- which the provisions referred to in sub- experiencing some form of abuse or lence Awareness Month. section (a) cease to have effect, the provi- witnessing a family member’s abuse. I yield the floor. sions of this Act shall continue in effect. The good news is that each and every The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The ma- day, in communities across the Nation, PERDUE). The Senator from Rhode Is- jority leader. there are victim advocates, service pro- land. f viders, crisis hotline staff and volun- Mr. WHITEHOUSE. Mr. President, I teers, as well as first responders who ask unanimous consent to speak for up MORNING BUSINESS are working tirelessly to extend com- to 20 minutes in morning business. Mr. MCCONNELL. Madam President, passionate service to the survivors of The PRESIDING OFFICER. Without I ask unanimous consent that the Sen- domestic violence. I wish to take this objection, it is so ordered. ate be in a period of morning business, opportunity to single out some of these f with Senators permitted to speak folks and extend a special thank-you therein for up to 10 minutes each. on behalf of the Senate. CLIMATE CHANGE The PRESIDING OFFICER. Without First, I highlight the hard work of Mr. WHITEHOUSE. Mr. President, objection, it is so ordered. trained volunteers and staff who oper- there has been some activity on the The Senator from Iowa. ate crisis hotlines across the country. Senate floor today regarding the Presi- f They are a varied and talented group of dent’s Clean Power Plan, with fossil individuals who, often at low or no pay, fuel State representatives coming to NATIONAL DOMESTIC VIOLENCE make confidential support, informa- decry that plan. I would simply note AWARENESS MONTH tion, and referrals available to victims, that on October 22, in the Wall Street Mr. GRASSLEY. Madam President, I as well as their friends and families, Journal, many of the leaders of Amer- think we have clearance on a non- each and every day. We appreciate ica’s national security took out an ad- controversial resolution that is going their efforts to help countless men, vertisement to say: ‘‘Republicans & to pass yet this evening, and I rise for women, and children escape abusive Democrats Agree: U.S. Security De- about 5 minutes to speak on this issue. situations. mands Global Climate Action.’’

VerDate Sep 11 2014 07:07 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7535 We have had generals and admirals, et. There was already Exxon’s own in- will continue on the significance of former National Security Advisers and ternal research that showed carbon natural and anthropogenic contribu- Directors of National Intelligence, Sec- emissions were warming the planet, tions.’’ The climate denial coming out retaries of the Treasury, Secretaries of and it has gone forward to now with of ALEC is so egregious even Shell Oil Defense, Directors of the Central Intel- the latest report from the Intergovern- left the group this summer. ligence Agency, Chairman of the Na- mental Panel on Climate Change stat- Don’t forget the paid-for scientists. tional Intelligence Council, Governors, ing that ‘‘warming of the climate sys- The Exxon network includes Willie Senators, Under Secretaries of State, tem is unequivocal.’’ Unequivocal. Soon, whose work consistently many Republicans all saying this is im- The current ExxonMobil CEO, Rex downplayed the role of carbon pollu- portant; that it is time for America to Tillerson, still emphasizes uncertainty tion in climate change. Well, investiga- lead. And what do we get? We get com- and goes out of his way to overesti- tive reporting revealed Dr. Soon re- plaints about America leading. mate the costs of taking action. In ceived more than $1.2 million from oil If my friends have a better idea than 2013, he asked: ‘‘What good is it to save and coal interests, including the Clean Power Plan, I would be glad the planet if humanity suffers?’’ All ExxonMobil, over the last decade. to listen. I am sure we would all be right, someone needs to explain to me So the cat is out of the bag now, and glad to listen. What is it? What is the how if we fail to save the planet, hu- all the bad press has got Exxon a little other plan? Because if you have noth- manity does not suffer. I guess it is jumpy. Exxon’s VP of Public Affairs, ing, then you really don’t have a seat Exxon’s position that we only suffer if Ken Cohen, took to Exxon’s blog to at the table and you certainly don’t we try to save the planet. proclaim that his company has a legiti- have occasion to criticize what the At this year’s annual shareholders mate history when it comes to climate. President is trying to do. Show us meeting, Mr. Tillerson argued that the ‘‘Our scientists have been involved in something—anything. What have you world needs to wait—that is always climate research and related policy got? Where is the Republican bill that their argument, the world needs to analysis for more than 30 years, yield- even talks about climate change—let wait—for the science to improve—un- ing more than 50 papers in peer-re- alone does anything serious about it. equivocal is evidently not enough—and viewed publications,’’ he said. He goes It is truly time for this body to wake to look for solutions to the effects of on to say that Exxon has been involved up and not just wake up to climate climate change as they become more with the U.N. IPCC, the National Acad- change but also to the decades-long clear—more clear. emy of Science’s National Climate As- purposeful corporate smokescreens of Our oceans are clearly warming and sessment, and that Exxon funds legiti- misleading statements from the fossil acidifying, and this has been clearly mate scientists at major universities fuel industry and its allies on the dan- measured. Atmospheric carbon is clear- as they research energy and climate. gers of carbon pollution. So I am here ly higher than ever in our species’ his- Right. The problem is that is only for the 116th time seeking an open, tory on this planet, and this has been half the story. That is the half of the honest, and factual debate in Congress clearly measured. In Rhode Island, we story that shows Exxon knew better. about global climate change. have measured nearly 10 inches of sea What is the rest of the story? Decades The energy industry’s top dog, level rise since the 1930s, right on our of funding to a network of front groups ExxonMobil—No. 2 for both revenue shores. What is not clear? that led a PR campaign designed to un- and profits among the Fortune 500 of While Exxon was peddling climate dercut climate science and prevent le- companies—has been getting some bad denial here in Washington, the L.A. gitimate action on climate change. For press lately. Two independent inves- Times reports, they were using climate decades, Exxon invested in legitimate tigative reports from InsideClimate models to plan operations in the warm- climate research, you say? That is the News and the re- ing Arctic. Between 1986 and 1992, proof of actual knowledge. That makes vealed that Exxon’s own scientists un- Exxon’s senior ice researcher, Ken the route they chose of denial and derstood as far back as the late 1970s Croasdale, and others studied the ef- delay all the more culpable, and that the effects of carbon pollution on the fects global warming would have on denial and delay, as Paul Harvey would climate and warned company execu- Arctic oil operations and reported back say, is the rest of the story. tives of the potential outcomes for the to Exxon brass. They knew melting ice What are Tillerson and ExxonMobil planet and humankind, but Exxon’s would lower exploration and develop- waiting for? Why this campaign of de- own internal report also recognized ment costs. They also knew higher seas ceit, denial, and delay? Sadly, it is our heading off global warming ‘‘would re- and thawing permafrost would threat- American system of big business and quire major reductions in fossil fuel en the company’s ships, drilling plat- paid-for politics—just follow the combustion.’’ forms, processing plants, and pipelines. money. So what did this fossil fuel company So Exxon was challenging the cli- Exxon foists the costs of its carbon do? Rather than behave responsibly, mate models publicly while it was pollution on the rest of us—on our chil- rather than face up to that truth, rath- using them privately to guide its own dren, on our grandchildren—and all the er than lead an effort to stave off cata- investment decisions. Exxon under- while they make staggering amounts of strophic emerging changes to the cli- stood the dangers, but instead of money. And Congress, funded by their mate and the oceans, what Exxon chose sounding the alarm or trying to help, lobbyists, sleeps placidly at the switch. to do was to fund and participate in a they chose to sow doubt. Exxon even fights to protect their massive misinformation campaign to Then there are the Exxon front status quo with their own shareholders. protect their business model and their groups. A study out just last month in The Institute for Policy Studies re- bottom line. the peer-reviewed journal Climatic ports that shareholders of ExxonMobil This started right at the top. Exxon’s Change says that ExxonMobil paid over have introduced 62 climate-related res- former chairman and CEO Lee Ray- $16 million between 1988 and 2005 to a olutions over the past 25 years, and all mond repeatedly and publicly ques- network of phony-baloney think tanks of them have been opposed by manage- tioned the science behind climate and psuedoscience groups that spread ment. Rex Tillerson, who made $21.4 change, notwithstanding what his own misleading claims about climate million in stock-based pay in 2014, has scientists had said. ‘‘Currently,’’ Ray- science. The company’s network in- openly mocked a shareholder who mond claimed in a 1996 speech before cludes organizations that name them- asked about investing in renewables. the Economic Club of Detroit—20 years selves after John Locke, James Madi- This is rich. Tillerson responded that after this work by his own scientists— son, Benjamin Franklin, and even ‘‘only survives on the ‘‘the scientific evidence is inclusive as George C. Marshall. It also includes the backs of enormous government man- to whether human activities are having American Legislative Exchange Coun- dates that are not sustainable. We on a significant effect on the global cli- cil, or ALEC, which pedals anti-climate purpose choose not to lose money.’’ mate.’’ legislation in State legislatures. ALEC Well, ExxonMobil spends huge There was already an emerging inter- denies the human contribution to cli- amounts of money on the complex PR national consensus that unchecked car- mate change by calling it a ‘‘historical machine to churn out doubt about the bon emissions were warming the plan- phenomenon,’’ asserting ‘‘the debate real science in order to protect the

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.059 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7536 CONGRESSIONAL RECORD — SENATE October 27, 2015 market subsidy that ignores the costs phisticated public relations campaign to at- ing too many tests. But I hope the of Exxon’s carbon pollution and makes tack and distort the scientific evidence dem- President will stop and think before clean energy face an uphill battle. So it onstrating the relationship between smoking trying to cure overtesting by telling is really kind of nervy to say that and disease, claiming that the link between teachers exactly how much time to the two was still an ‘‘open question.’’ clean energy survives on the backs of Defendants knew there was a consensus in spend on testing or what the tests enormous government subsidies when the scientific community that smoking should be. Classroom teachers know oil gets the biggest subsidies ever. caused lung cancer and other diseases. De- better than Washington how to assess Things could have been different. spite that fact, they publicly insisted that their students’ progress. They also Exxon could have heeded the warnings there was a scientific controversy and dis- know that the real reason we have too of its own scientists and helped us puted scientific findings linking smoking many tests is that there are too many make a transition to clean energy. It is and disease knowing their assertions were Federal mandates that put high stakes happening now without them. The false. on student test results and that one International Energy Agency found Now, let’s read that exact same lan- more Washington decree—even if it is that the cost of generating electricity guage back but apply it to climate. only a recommendation for now—is not from renewable sources dropped from Each and every one of these Defendants re- the way to solve the problem of too $500 a megawatt hour in 2010 to $200 in peatedly, consistently, vigorously—and many Federal mandates. 2015. Imagine if we had rolled up our falsely—denied the existence of any adverse Instead, the best way to fix over- [climate] effects from [carbon pollution]. testing is to get rid of the Federal sleeves and gotten to work way back Moreover, they mounted a coordinated, well- when Exxon first learned of the dan- mandates that are causing the prob- financed, sophisticated public relations cam- lem. That is precisely what the Senate gers of carbon pollution. Imagine the paign to attack and distort the scientific evi- leadership that company could have dence demonstrating the relationship be- did when it passed by an overwhelming shown. Imagine how much of the com- tween [carbon pollution] and [climate], bipartisan majority, 81 to 17, legisla- ing climate and ocean changes we claiming that the link between the two was tion to fix No Child Left Behind and could have avoided. But they didn’t, still an ‘‘open question.’’ give more flexibility to States and to and the time of reckoning may now be Defendants knew there was a consensus in classroom teachers to decide which the scientific community that [carbon pollu- upon the likes of Exxon and others in tests will decide what progress stu- tion] caused [climate change] and other dents are making in the classroom. the fossil fuel industry. That PR ma- [harms]. Despite that fact, they publicly in- No Child Left Behind, a Federal law chine may end up costing the company sisted that there was a scientific controversy enacted in 2001, requires students to a lot. Look at what happened to big to- and disputed scientific findings linking [car- take 17 standardized tests over the bacco. bon pollution] and [climate] knowing their assertions were false. course of their education, kindergarten Two weeks ago, Congressmen TED through the 12th grade. It then uses Just change the words, and there is LIEU and MARK DESAULNIER sent a let- those tests to decide whether schools her judgment against the tobacco in- ter to Attorney General and teachers are succeeding or failing. regarding these newly reported allega- dustry, and it plainly applies to cli- In the Senate’s work to fix No Child tions that ExxonMobil intentionally mate denial. Left Behind, no issue stirred as much hid the truth about the role of fossil The investigative journalism from controversy as these high-stakes tests. fuels in influencing climate change. InsideClimate News and the Los Ange- At first, I was among those who ‘‘The apparent tactics employed by les Times is damning. The calls for thought the best way to fix overtesting Exxon are reminiscent of the actions greater scrutiny of ExxonMobil and the might be to get rid of the 17 Federal employed by big tobacco companies to fossil fuel industry are mounting, and tests. But the more we studied the deceive the American people about the the phony-baloney denial network is up problem, the more the issues seemed known risks of tobacco.’’ in arms, trying to shovel this campaign not to be the 17 Federal tests but the Last week, my friend, the junior Sen- under the protection of the First federally designed system of rewarding ator from Vermont, joined in the call Amendment. Sorry, guys, the First and punishing schools and teachers for the Attorney General to bring a Amendment doesn’t protect fraud. that was attached to the tests. civil RICO investigation into big fossil Describing Caesar at the Battle of A third grader, for example, is re- fuel. ‘‘These reports, if true,’’ reads Monda, Napoleon said: ‘‘There is a mo- quired to take only one test in math Senator SANDERS’ letter to Attorney ment in combat when the slightest ma- and one in reading. Each of those tests General Lynch, ‘‘raise serious allega- neuver is decisive and gives superi- probably takes 1 or 2 hours, according tions of a misinformation campaign ority; it is the drop of water that starts to testimony before our committee. that may have caused public harm the overflow.’’ But here is the problem: The results of similar to the tobacco industry’s ac- Is the tide turning? Is this the deci- these tests count so much in the feder- tions—conduct that led to federal rack- sive moment? Despite documented ally mandated accountability system eteering convictions’’—actually, a warnings from their own scientists dat- that States and school districts are judgment. It was civil. But it is other- ing from the 1970s, ExxonMobil and giving students dozens of additional wise accurate. others pursued a campaign of deceit, tests to prepare for the Federal tests. Also last week, Sharon Eubanks, the denial, and delay. They may soon have A new survey says students in big- former U.S. Department of Justice at- to face the consequences. In any event, city schools will take, on average, 112 torney who actually brought the civil history will not look kindly on their mandatory standardized tests between action and won the civil RICO case choice. prekindergarten and high school grad- against the tobacco industry, said that, I yield the floor. uation. That is eight tests a year. One considering recent revelations regard- The PRESIDING OFFICER. The Sen- Florida study showed that a Fort ing ExxonMobil, the Department of ator from Tennessee. Myers school district gave more than Justice should consider launching an f 160 tests to its students. Only 17 of those are federally required. investigation into big fossil fuel com- NO CHILD LEFT BEHIND REFORM panies—that it ‘‘is plausible and should So after hearing this, the Senate de- be considered.’’ That was her quote. Mr. ALEXANDER. Mr. President, cided to keep the federally required 17 Let me show why it is plausible and over the weekend President Obama an- tests. That is two annual tests in read- should be considered. Let me read from nounced that all 100,000 public schools ing and math in grades 3 through 8 and U.S. District Judge Gladys Kessler’s across the Nation should limit testing once in high school, as well as science description of the culpable conduct in to 2 percent of a student’s time in the tests given three times between grades her decision in the government’s rack- classroom. It is a recommendation, not 3 and 12. We also kept the practice of eteering case against Big Tobacco: a requirement, and it comes in re- reporting results publicly so parents sponse to a nationwide backlash from Each and every one of these Defendants re- and teachers know how their children peatedly, consistently, vigorously—and teachers, students, and parents who are are performing. These results are falsely—denied the existence of any adverse sick of overtesting. disaggregated, so we know how stu- health effects from smoking. Moreover, they I was glad to see the President’s com- dents are doing based upon their gen- mounted a coordinated, well-financed, so- ments. He is right about students tak- der, their ethnicity or their disability.

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.061 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7537 Then, to discourage overtesting, we re- members of this year’s delegation: Jo- of spending and revenues with the stored to States and classroom teach- seph DeMott, a U.S. Army Air Corps amounts provided in the conference re- ers the responsibility for deciding how veteran from Litiz, PA; Arthur port to accompany S. Con. Res. 11, the to use these Federal test scores to Gruenberg, a U.S. Marine Corps vet- budget resolution for fiscal year 2016. measure achievement. eran from Camano Island, WA; George This information is necessary to deter- The Senate bill ends the high-stakes, Hirschkamp, a U.S. Marine Corps vet- mine whether budget points of order lie Washington-designed, test-based ac- eran from Sandpoint, ID; George Rod- against pending legislation. It has been countability system that has caused gers, a U.S. Army veteran from Lynch- prepared by the Republican staff of the the explosion of tests in our local burg, VA; Jack Warner, a U.S. Marine Senate Budget Committee and the Con- schools. The Senate bill reverses the Corps veteran from Elk City, OK; and gressional Budget Office, CBO, pursu- trend toward a national school board. Clifford Warren, a U.S. Army veteran ant to section 308(b) of the Congres- I am glad to see President Obama’s from Shepherd, TX. sional Budget Act. focus on overtesting, but let’s not I would also like to recognize three This is the third report I have made make the same mistake twice by de- members of the delegation who are my since adoption of the fiscal year 2016 creeing from Washington exactly how constituents: Leland Chandler, a U.S. budget resolution on May 5, 2015. My much time to spend on tests or what Army veteran from Galesburg, IL; Wil- last filing can be found in the CONGRES- the tests should be. States and 3 mil- liam Chittenden, a U.S. Marine Corps SIONAL RECORD on September 10, 2015. lion teachers in 100,000 public schools veteran from Wheaton, IL; and Carl The information contained in this re- are in the best position to know what Dyer, a U.S. Army veteran from port is current through October 26, to do about overtesting our children. Oglesby, IL. 2015. Both the Senate and the House of I am so grateful to all of these par- Table 1 gives the amount by which Representatives have now passed simi- ticipants for their years of service to each Senate authorizing committee is below or exceeds its allocation under lar bills to fix No Child Left Behind our Nation. the budget resolution. This informa- and to reduce the Federal mandates The delegation was accompanied by tion is used for enforcing committee that are the real cause of overtesting. Jan Thompson, another Illinois con- allocations pursuant to section 302 of The best way to have fewer and better stituent and a documentary filmmaker the Congressional Budget Act of 1974, tests in America’s classrooms is for and daughter of a World War II veteran CBA. For fiscal year 2015, which ended Congress to finish its work and the who was himself a POW in Japan. on September 30, 2015, Senate author- President to sign our legislation before Thompson also heads the nonprofit vet- izing committees have increased direct the end of the year. erans organization American Defenders spending outlays by $7.8 billion more I yield the floor. of Bataan & Corregidor Memorial Soci- than the agreed upon spending levels. I suggest the absence of a quorum. ety. Over the fiscal year 2016–2025 period, The PRESIDING OFFICER. The The Japanese POW Friendship Pro- which is the entire period covered by S. clerk will call the roll. gram and the American veterans who Con. Res. 11, Senate authorizing com- The bill clerk proceeded to call the participate in it represent the trans- mittees have spent $2.2 billion less roll. formation and strength of the U.S.- than the budget resolution calls for. Mr. MCCONNELL. Mr. President, I Japan relationship. I hope this pro- Table 2 gives the amount by which ask unanimous consent that the order gram continues to bring together our the Senate Committee on Appropria- for the quorum call be rescinded. two nations in remembrance and rec- tions is below or exceeds the statutory The PRESIDING OFFICER. Without onciliation. spending limits. This information is objection, it is so ordered. f used to determine points of order re- f BUDGETARY REVISIONS lated to the spending caps found in sec- tion 312 and section 314 of the CBA. JAPANESE POW FRIENDSHIP Mr. ENZI. Mr. President, section 4380 PROGRAM While no full-year appropriations bills of S. Con. Res. 11, the concurrent reso- have been enacted for fiscal year 2016, Mr. DURBIN. Mr. President, I would lution on the budget for fiscal year subcommittees are charged with per- like to take a moment to call attention 2016, allows the chairman of the Senate manent and advanced appropriations to a group of our Nation’s veterans who Budget Committee to revise the alloca- that first become available in that participated in a reconciliation pro- tions, aggregates, and levels in the year. gram with the Japanese Government. budget resolution for legislation that Table 3 gives the amount by which From October 11 to October 19, nine increases sharing of cyber security the Senate Committee on Appropria- veterans of the U.S. Army, U.S. Army threat information while protecting in- tions is below or exceeds its allocation Air Corps, and the U.S. Marines who dividual privacy and civil liberties in- for overseas contingency operations/ fought bravely in the Pacific theater of terests. The authority to adjust is con- global war on terrorism, OCO/GWOT, World War II and were taken prisoner tingent on the legislation not increas- spending. This separate allocation for by Japanese forces traveled to Japan. ing the deficit over either the period of OCO/GWOT was established in section They were guests of the Japanese Gov- the total of fiscal years 2016–2020 or the 3102 of S. Con. Res. 11 and is enforced ernment on a trip of reconciliation and period of the total of fiscal years 2016– using section 302 of the CBA. No bills remembrance. 2025. providing funds with the OCO/GWOT Established in 2010, this was the sixth I find that S. 754, as amended, fulfills designation on a full-year basis have Japanese POW Friendship Program del- the conditions of deficit neutrality been enacted thus far for fiscal year egation. This program is sponsored by found in section 4380 of S. Con. Res. 11. 2016. the Japanese Ministry of Foreign Af- Accordingly, I am revising the alloca- The budget resolution established fairs for World War II POWs from the tion to the Select Committee on Intel- two new points of order limiting the United States, with Japan running ligence and the budgetary aggregates use of changes in mandatory programs similar friendship programs with Aus- to account for the budget effects of the in appropriations bills, CHIMPS. Ta- tralia and Britain. amendment. As the budgetary effects bles 4 and 5 show compliance with fis- More than 30,000 Allied troops were of S. 754, as amended, are insignificant cal year 2016 limits for overall CHIMPS taken prisoner in Japan, many of them under our accounting methods, budg- and the Crime Victims Fund CHIMP, Americans who faced horrific ordeals. etary figures remain numerically un- respectively. This information is used Today, 70 years following the end of changed. for determining points of order under World War II, this program reflects the f section 3103 and section 3104, respec- journey of forgiveness and resolution tively. No full-year bills have been en- between the United States and Japan, BUDGET SCOREKEEPING REPORT acted thus far for fiscal year 2016 that as our relationship has developed into Mr. ENZI. Mr. President, I wish to include CHIMPS. one of the most critical in the region. submit to the Senate the budget In addition to the tables provided by I would like to take a moment to ac- scorekeeping report for October 2015. the Senate Budget Committee Repub- knowledge the veterans who were The report compares current law levels lican staff, I am submitting additional

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.062 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7538 CONGRESSIONAL RECORD — SENATE October 27, 2015 tables from CBO that I will use for en- TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED TABLE 3.—SENATE APPROPRIATIONS COMMITTEE—EN- forcement of budget levels agreed to by DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET ACTED OVERSEAS CONTINGENCY OPERATIONS/GLOBAL the Congress. RESOLUTIONS—Continued WAR ON TERRORISM DISCRETIONARY APPROPRIATIONS CBO provided a report for both fiscal (In millions of dollars) (In millions of dollars) year 2015 and fiscal year 2016. This in- formation is used to enforce aggregate 2016– 2016– 2016 2015 2016 2020 2025 spending levels in budget resolutions BA OT under section 311 of the CBA. CBO’s es- Outlays ...... 229 0 0 0 timates show that current law levels of Armed Services OCO/GWOT Allocation 1 ...... 96,287 48,798 Budget Authority ...... ¥15 0 0 0 Amount Provided by Senate Appropriations Subcommittee spending for fiscal year 2015 exceed the Outlays ...... 0 0 0 0 Agriculture, Rural Development, and amounts in the deemed budget resolu- Banking, Housing, and Urban Related Agencies ...... 0 0 tion enacted in the BBA by $8.0 billion Affairs Commerce, Justice, Science, and Re- Budget Authority ...... 121 0 0 0 lated Agencies ...... 0 0 in budget authority and $1.0 billion in Outlays ...... 121 0 0 0 Defense ...... 0 0 outlays. Revenues are $79.8 billion Commerce, Science, and Energy and Water Development ...... 0 0 below the revenue floor for fiscal year Transportation Financial Services and General Govern- Budget Authority ...... 0 130 650 1,300 ment ...... 0 0 2015 set by the deemed budget resolu- Outlays ...... 0 0 0 0 Homeland Security ...... 0 0 tion. As well, Social Security outlays Energy and Natural Resources Interior, Environment, and Related are at the levels assumed for fiscal Budget Authority...... 0 0 0 0 Agencies ...... 0 0 Outlays ...... ¥2 0 0 0 Labor, Health and Human Services, year 2015, while Social Security reve- Environment and Public Works Education and Related Agencies ..... 0 0 nues are $170 million above levels in Budget Authority...... 0 0 0 ¥3,160 Legislative Branch ...... 0 0 Outlays ...... 0 0 0 ¥3,160 Military Construction and Veterans Af- the deemed budget. This will be CBO’s Finance fairs, and Related Agencies ...... 0 0 final report to the Senate Budget Com- Budget Authority ...... 7,322 5 13 28 State, Foreign Operations, and Related mittee for fiscal year 2015, as the fiscal Outlays ...... 7,288 5 13 28 Programs ...... 0 0 Foreign Relations Transportation and Housing and Urban year is now closed. Budget Authority ...... ¥20 0 0 0 Development, and Related Agencies 0 0 For fiscal year 2016, CBO annualizes Outlays ...... ¥20 0 0 0 the effects of the Continuing Appro- Homeland Security and Gov- Current Level Total ...... 0 0 ernmental Affairs Total OCO/GWOT Spending vs. priations Act, P.L. 114–53, which pro- Budget Authority...... 0 0 0 0 Budget Resolution ...... ¥96,287 ¥48,798 vides funding through December 11, Outlays ...... 0 0 0 0 Judiciary BA = Budget Authority; OT = Outlays 2015. For the enforcement of budgetary 1 Budget Authority...... 0 0 1 2 This allocation may be adjusted by the Chairman of the Budget Com- aggregates, the Senate Budget Com- mittee to account for new information, pursuant to section 3102 of S. Con. Outlays ...... 0 0 1 2 Res. 11, the Concurrent Resolution of the Budget for Fiscal Year 2016. mittee excludes this temporary fund- Health, Education, Labor, and ing. As such, the committee views cur- Pensions Budget Authority ...... 3 0 208 278 TABLE 4.—SENATE APPROPRIATIONS COMMITTEE—EN- rent law levels as being $885.9 billion Outlays ...... 1 0 208 278 ACTED CHANGES IN MANDATORY SPENDING PROGRAMS and $526.4 billion below budget resolu- Rules and Administration (CHIMPS) tion levels for budget authority and Budget Authority...... 0 0 0 0 Outlays ...... 0 0 0 0 (Budget authority, millions of dollars) outlays, respectively. Revenues are Intelligence $144 million above the level assumed in Budget Authority...... 0 0 0 0 2016 the budget resolution. Finally, Social Outlays ...... 0 0 0 0 Security outlays are at the levels as- Veterans’ Affairs CHIMPS Limit for Fiscal Year 2016 ...... 19,100 Budget Authority ...... 0 ¥2 ¥1 ¥1 Senate Appropriations Subcommittees sumed in the budget resolution for fis- Outlays ...... 150 388 644 644 Agriculture, Rural Development, and Related Agencies 0 cal year 2016, while Social Security Indian Affairs Budget Authority...... 0 0 0 0 Commerce, Justice, Science, and Related Agencies ...... 0 revenues are $18 million above assumed Outlays ...... 0 0 0 0 Defense ...... 0 levels for the budget year. Small Business Energy and Water Development ...... 0 CBO’s report also provides informa- Budget Authority...... 0 0 0 0 Financial Services and General Government ...... 0 Outlays ...... 0 0 0 0 Homeland Security ...... 0 tion needed to enforce the Senate’s Interior, Environment, and Related Agencies ...... 0 pay-as-you-go rule. The Senate’s pay- Total Labor, Health and Human Services, Education and as-you-go scorecard currently shows Budget Authority ... 7,665 133 871 ¥1,553 Related Agencies ...... 0 Outlays ...... 7,767 393 866 ¥2,208 Legislative Branch ...... 0 deficit reduction of $1.4 billion over the Military Construction and Veterans Affairs, and Related fiscal year 2015–2020 period and $6.1 bil- Agencies ...... 0 TABLE 2.—SENATE APPROPRIATIONS COMMITTEE— State, Foreign Operations, and Related Programs ...... 0 lion over the fiscal year 2015–2025 pe- Transportation and Housing and Urban Development, riod. Over the initial 6-year period, ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 and Related Agencies ...... 0 Congress has enacted legislation that (Budget authority, in millions of dollars) Current Level Total ...... 0 would increase revenues by $4.1 billion Total CHIMPS Above (+) or Below (¥) Budget and increase outlays by $2.7 billion. 2016 Resolution ...... ¥19,100 Over the 11-year period, Congress has Security 2 Nonsecurity 2 enacted legislation that would reduce Statutory Discretionary Limits ...... 523,091 493,491 TABLE 5.—SENATE APPROPRIATIONS COMMITTEE—EN- revenues by $1.3 billion and decrease Amount Provided by Senate Appropriations Subcommittee ACTED CHANGES IN MANDATORY SPENDING PROGRAM outlays by $7.4 billion. The Senate’s Agriculture, Rural Development, and (CHIMP) TO THE CRIME VICTIMS FUND Related Agencies ...... 0 9 pay-as-you-go rule is enforced by sec- (Budget authority, millions of dollars) Commerce, Justice, Science, and Re- tion 201 of S. Con. Res. 21, the fiscal lated Agencies ...... 0 0 year 2008 budget resolution. Defense ...... 41 0 2016 All years in the accompanying tables Energy and Water Development ...... 0 0 Financial Services and General Govern- Crime Victims Fund (CVF) CHIMP Limit for Fiscal Year are fiscal years. ment ...... 0 41 2016 ...... 10,800 I ask unanimous consent that the ac- Homeland Security ...... 0 9 Senate Appropriations Subcommittees companying tables be printed in the Interior, Environment, and Related Agriculture, Rural Development, and Related Agencies 0 Agencies ...... 0 0 RECORD. Commerce, Justice, Science, and Related Agencies ...... 0 Labor, Health and Human Services, Defense ...... 0 Education and Related Agencies ..... 0 24,678 There being no objection, the mate- Energy and Water Development ...... 0 Legislative Branch ...... 0 0 rial was ordered to be printed in the Financial Services and General Government ...... 0 Military Construction and Veterans Af- RECORD, as follows: fairs, and Related Agencies ...... 0 56,217 Homeland Security ...... 0 State, Foreign Operations, and Related Interior, Environment, and Related Agencies ...... 0 TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED Programs ...... 0 0 Labor, Health and Human Services, Education and Transportation and Housing and Urban Related Agencies ...... 0 DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET Development, and Related Agencies 0 4,400 Legislative Branch ...... 0 RESOLUTIONS Military Construction and Veterans Affairs, and Related Current Level Total ...... 41 85,354 Agencies ...... 0 (In millions of dollars) Total Enacted Above (+) or Below State Foreign Operations, and Related Programs ...... 0 (¥) Statutory Limits ...... ¥523,050 ¥408,137 Transportation and Housing and Urban Development, and Related Agencies ...... 0 2015 2016 2016– 2016– 2020 2025 1 This table excludes spending pursuant to adjustments to the discre- Current Level Total ...... 0 tionary spending limits. These adjustments are allowed for certain purposes Agriculture, Nutrition, and For- in section 251(b)(2) of BBEDCA. Total CVF CHIMP Above (+) or Below (¥) Budget estry 2 Security spending is defined as spending in the National Defense budg- Resolution ...... ¥10,800 Budget Authority ...... 254 0 0 0 et function (050) and nonsecurity spending is defined as all other spending.

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U.S. CONGRESS, through September 30, 2015. This report is May 5, 2014, pursuant to section 116 of the Bi- CONGRESSIONAL BUDGET OFFICE, submitted under section 308(b) and in aid of partisan Budget Act (Public Law 113–67). Washington, DC, October 27, 2015. section 311 of the Congressional Budget Act, Since our last letter dated September 10, Hon. MIKE ENZI, as amended. 2015, there has been no Congressional action Chairman, Committee on the Budget, affecting budget authority, outlays, or reve- U.S. Senate, Washington, DC. The estimates of budget authority, out- nues for fiscal year 2015. DEAR MR. CHAIRMAN: The enclosed report lays, and revenues are consistent with the Sincerely, shows the effects of Congressional action on allocations, aggregates, and other budgetary KEITH HALL, Director. the fiscal year 2015 budget and is current levels printed in the Congressional Record on Enclosure. TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2015, AS OF SEPTEMBER 30, 2015 [In billions of dollars]

Budget Current Current Level Over/Under (¥) Resolution Level a Resolution

On-Budget Budget Authority ...... 3,026.4 3,034.4 8.0 Outlays ...... 3,039.6 3,040.7 1.0 Revenues ...... 2,533.4 2,453.6 ¥79.8 Off-Budget Social Security Outlays b ...... 736.6 736.6 0.0 Social Security Revenues ...... 771.7 771.9 0.2 Source: Congressional Budget Office. a Excludes amounts designated as emergency requirements. b Excludes administrative expenses paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of the Social Security Administration, which are off-budget, but are appropriated an- nually.

TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2015, AS OF SEPTEMBER 30, 2015 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,533,388 Permanents and other spending legislation ...... 1,877,558 1,802,360 n.a. Appropriation legislation ...... 0 508,261 n.a. Offsetting receipts ...... ¥735,195 ¥734,481 n.a.

Total, Previously Enacted ...... 1,142,363 1,576,140 2,533,388 Enacted Legislation: b Lake Hill Administrative Site Affordable Housing Act (P.L. 113–141) ...... 0 ¥2 0 Emergency Supplemental Appropriations Resolution, 2014 (P.L. 113–145) ...... 0 75 0 Highway and Transportation Funding Act of 2014 (P.L. 113–159) ...... 0 ¥15 2,590 Emergency Afghan Allies Extension Act of 2014 (P.L. 113–160) ...... 5 5 6 Continuing Appropriations Resolution, 2015 (P.L. 113–164) c ...... ¥4,705 ¥180 0 Preventing and Strengthening Families Act (P.L. 113–183) ...... 0 10 0 IMPACT Act of 2014 (P.L. 113–185) ...... 22 22 0 Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113–235) ...... 1,884,271 1,426,085 ¥178 An act to amend certain provisions of the FAA Modernization and Reform Act of 2012 (P.L. 113–243) ...... 0 0 ¥28 Naval Vessel Transfer Act of 2013 (P.L. 113–276) ...... ¥20 ¥20 0 Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (P.L. 113–291) ...... ¥15 0 0 An act to amend the Internal Revenue Code of 1986 to extend certain expiring provisions and make technical corrections, to amend the Internal Revenue Code of 1986 to pro- vide for the treatment of ABLE accounts established under State programs for the care of family members with disabilities, and for other purposes (P.L. 113–295) ...... 160 160 ¥81,177 Terrorism Risk Insurance Program Reauthorization Act of 2015 (P.L. 114–1) ...... 121 121 1 Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4) ...... 47,763 27,534 0 Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114–10) ...... 7,354 7,329 0 Construction Authorization and Choice Improvement Act (P.L. 114–19) ...... 0 20 0 An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 130 0 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 38 7 ¥1,051 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) b ...... 0 0 19

Total, Enacted Legislation ...... 1,934,994 1,461,281 ¥79,818 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥42,921 3,239 0 Total Current Level d ...... 3,034,436 3,040,660 2,453,570 Total Senate Resolution e ...... 3,026,439 3,039,624 2,533,388

Current Level Over Senate Resolution ...... 7,997 1,036 n.a. Current Level Under Senate Resolution ...... n.a. n.a. 79,818 Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during the 2nd session of the 113th Congress but before publication in the Congressional Record of the statement of the allocations and aggregates pursuant to section 116 of the Bipartisan Budget Act of 2013 (P.L. 113–67): the (P.L. 113–79), the Homeowner Flood Insurance Affordability Act of 2014 (P.L. 113–89), the Gabriella Mil- ler Kids First Research Act (P.L. 113–94), and the Cooperative and Small Employer Charity Pension Flexibility Act (P.L. 113–97). b Pursuant to section 403(b) of S. Con. Res. 13, the Concurrent Resolution on the Budget for Fiscal Year 2010, amounts designated as an emergency requirement pursuant to section 403 of S. Con. Res. 13, shall not count for certain budgetary enforcement purposes. The amounts so designated for 2015, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues

Veterans’ Access to Care through Choice, Accountability, and Transparency Act of 2014 (P.L. 113–146) ...... ¥1,331 6,619 ¥42 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) – ...... 0 1,147 0

Total, amounts designated pursuant to Sec. 403 of S. Con. Res. 13 ...... ¥1,331 7,766 ¥42 c Sections 136 and 137 of the Continuing Appropriations Resolution, 2015 (P.L. 113–164) provide $88 million to respond to the Ebola virus, which is available until September 30, 2015. Section 139 rescinds funds from the Children’s Health Insurance Program. Section 147 extended the authorization for the Export-Import Bank of the United States through June 30, 2015. d For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. e Periodically, the Senate Committee on the Budget revises the budgetary levels printed in the Congressional Record on May 5, 2014, pursuant to section 116 of the Bipartisan Budget Act of 2013 (Public Law 113–67): Budget Authority Outlays Revenues

Original Senate Resolution: ...... 2,939,993 3,004,163 2,533,388 Revisions: Adjustment for Disaster Designated Spending ...... 100 43 0 Adjustment for Overseas Contingency Operations and Disaster Designated Spending ...... 74,995 31,360 0 Adjustment for Emergency Designated Spending ...... 0 75 0 Adjustment for the Consolidated and Further Continuing Appropriations Act, 2015 ...... 11,351 3,983 0

Revised Senate Resolution ...... 3,026,439 3,039,624 2,533,388

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U.S. CONGRESS, tion 311 of the Congressional Budget Act, as fiscal year 2016: Continuing Appropriations CONGRESSIONAL BUDGET OFFICE, amended. Act, 2016 (Public Law 114–53); Airport and Washington, DC, October 27, 2015. The estimates of budget authority, out- Airway Extension Act of 2015 (Public Law Hon. MIKE ENZI, lays, and revenues are consistent with the 114–55); Department of Veterans Affairs Ex- Chairman, Committee on the Budget, technical and economic assumptions of S. piring Authorities Act of 2015 (Public Law U.S. Senate Washington, DC. Con. Res. 11, the Concurrent Resolution on 114–58); and Protecting Affordable Coverage DEAR MR. CHAIRMAN: The enclosed report the Budget for Fiscal Year 2016. for Employees Act (Public Law 114–60). shows the effects of Congressional action on Since our last letter dated September 10, Sincerely, the fiscal year 2016 budget and is current 2015, the Congress has cleared and the Presi- KEITH HALL, Director. through October 26, 2015. This report is sub- dent has signed the following acts that affect mitted under section 308(b) and in aid of sec- budget authority, outlays, or revenues for Enclosure. TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF OCTOBER 26, 2015 [In billions of dollars]

Budget Current Level Current Level b Over/Under (¥) Resolution a Resolution

ON-BUDGET Budget Authority ...... 3,033.5 3,155.6 122.1 Outlays ...... 3,092.0 3,167.9 76.0 Revenues ...... 2,676.0 2,676.1 0.1 OFF-BUDGET Social Security Outlays c ...... 777.1 777.1 0.0 Social Security Revenues ...... 794.0 794.0 0.0

Source: Congressional Budget Office. a Excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con. Res. 11 for disaster-related spending that is not yet allocated to theSenate Committee on Appropriations. b Excludes amounts designated as emergency requirements. c Excludes administrative expenses paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of the Social Security Administration, which are off-budget, but are appropriated an- nually.

TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF OCTOBER 26, 2015 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,676,733 Permanents and other spending legislation ...... 1,968,496 1,902,345 n.a. Appropriation legislation ...... 0 500,825 n.a. Offsetting receipts ...... ¥784,820 ¥784,879 n.a.

Total, Previously Enacted ...... 1,183,676 1,618,291 2,676,733 Enacted Legislation: An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 20 0 Defending Public Safety Employees’ Retirement Act & Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... 0 0 5 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 445 175 ¥766 Steve Gleason Act of 2015 (P.L. 114–40) ...... 5 5 0 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) b ...... 0 0 99 Continuing Appropriations Act, 2016 (P.L. 114–53) ...... 700 775 0 Airport and Airway Extension Act of 2015 (P.L. 114–55) ...... 130 0 0 Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114–58) ...... ¥2 368 0 Protecting Affordable Coverage for Employees Act (P.L. 114–60) ...... 0 0 40

Total, Enacted Legislation ...... 1,278 1,343 ¥622 : Continuing Appropriations Act, 2016 (P.L. 114–53) ...... 1,008,053– 602,405 – 0 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 962,619 945,910 0 Total Current Level c ...... 3,155,626 3,167,949 2,676,111 Total Senate Resolution d ...... 3,033,488 3,091,973 2,675,967

Current Level Over Senate Resolution ...... 122,138 75,976 144 Current Level Under Senate Resolution ...... n.a. n.a. n.a. Memorandum: Revenues, 2016–2025: Senate Current Level ...... n.a. n.a. 32,237,119 Senate Resolution ...... n.a. n.a. 32,233,099

Current Level Over Senate Resolution ...... n.a. n.a. 4,020 Current Level Under Senate Resolution ...... n.a. n.a. n.a.

Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. II, the Concurrent Resolution on the Budget for Fiscal Year 2016: the Terrorism Risk Insurance Program Reauthorization Act of 2014 (P.L. 114–41); the Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4), and the Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114–10). b Pursuant to section 403(b) of S. Con. Res. 13, the Concurrent Resolution on the Budget for Fiscal Year 2010, amounts designated as an emergency requirement pursuant to section 403 of S. Con. Res. 13, shall not count for certain budgetary enforcement purposes. The amounts so designated for 2016, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues

Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) ...... 0 917 0 c For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. d Periodically, the Senate Committee on the Budget revises the budgetary levels in S. Con Res. 11 , pursuant to various provisions of the resolution. The Senate Resolution total below excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con Res. 11 for disaster-related spending that is not yet allocated to the Senate Committee on Appropriations: Budget Authority Outlays Revenues

Senate Resolution: ...... 3,032,343 3,091,098 2,676,733 Revisions: Pursuant to section 4311 of S. Con. Res. 11 ...... 445 175 ¥766 Pursuant to section 311 of S. Con. Res. 11 ...... 700 700 0

Revised Senate Resolution ...... 3,033,488 3,091,973 2,675,967

VerDate Sep 11 2014 02:39 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD15\S27OC5.REC S27OC5 bjneal on DSK67QTVN1PROD with CONG-REC-ONLINE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7541 TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO metals worked its way down the rectly contradicted by the testimony of SCORECARD FOR THE 114TH CONGRESS—1ST SES- Animas River in Colorado and into the the Navajo president, who noted that it SION, AS OF OCTOBER 26, 2015 San Juan River near Farmington, NM. took EPA 2 days to notify the tribe (In millions of dollars) Nobody yet knows for certain the total about the plume’s threat to the tribe. damage to crops, soil, livestock, wild- It was also revealed that Adminis- 2015–2020 2015–2025 life, and water supplies that are crit- trator McCarthy did not directly con- Beginning Balance a 0 0 ical sources of food for the Navajo peo- tact President Begaye for about 5 days Enacted Legislation: bcd ple and also serve as economic and cul- after the spill. The committee also re- Iran Nuclear Agreement Review Act of 2015 (P.L. 114–17) e ...... n.e. n.e. tural centers. Those farmers who were ceived testimony that EPA had not Construction Authorization and Choice able to shut down their irrigation sys- quickly and routinely shared water Improvement Act (P.L. 114–19) ...... 20 20 Justice for Victims of Trafficking Act of tems watched in horror as their crops monitory data with the tribes. All of 2015 (P.L. 114–22) ...... 1 2 wilted. this shatters any notion that EPA has Uniting and Strengthening America by Fulfilling Rights and Ensuring Effec- The EPA now says water quality in honored its government-to-government tive Discipline Over Monitoring Act of the San Juan River has returned to responsibility to the nation. 2015 (P.L. 114–23) ...... * * An act to extend the authorization to ‘‘pre-event levels,’’ but the Gold King The Gold King Mine spill was a series carry out the replacement of the ex- Mine is still releasing water roughly at of failures by EPA that compounded, isting medical center of the Depart- ment of Veterans Affairs in Denver, 600 gallons per minute. The concentra- and the Navajo are paying the price. I Colorado (P.L. 114–25) ...... 150 150 tions of toxic metals may not as be as will continue to push for increased con- Defending Public Safety Employees’ Re- tirement Act & Bipartisan Congres- high today as it was during the initial gressional oversight into this matter. sional Trade Priorities and Account- 3 million gallon flush, but the Navajo f ability Act of 2015 (P.L. 114–26) ...... ¥1 5 Trade Preferences Extension Act of 2015 are still waiting for EPA to dem- HEAD START AWARENESS MONTH (P.L. 114–27) ...... ¥640 ¥52 onstrate it can prevent another large Boys Town Centennial Commemorative Mr. CARPER. Mr. President, it is Coin Act(P.L. 114–30) f ...... 0 0 release. The nation is rightfully de- Steve Gleason Act of 2015 (P.L. 114–40) 13 28 manding assurances that heavy rainfall with great pleasure that I speak on be- Surface Transportation and Veterans half of the Delaware delegation to Health Care Choice Improvement Act won’t disturb toxic substances that of 2015 (P.L. 114–41) ...... ¥1,552 ¥6,924 may have settled in the sediment of honor Head Start’s 50 years of service Agriculture Reauthorizations Act of 2015 to our Nation’s most vulnerable chil- (P.L. 114–54) ...... * * the Animas River, the San Juan River, Department of Veterans Affairs Expiring or even Lake Powell. dren and families in Delaware and na- Authorities Act of 2015 (P.L. 114–58) 624 624 tionwide. On May 18, 1965, President Protecting Affordable Coverage for Em- In August, I—along with Arizona ployees Act (P.L. 114–60) ...... ¥32 ¥2 Governor Doug Ducey—met with Nav- Lyndon B. Johnson launched Project Gold Star Fathers Act of 2015 (P.L. Head Start as an 8-week summer dem- 114–62) ...... * * ajo Nation president Russell Begaye Ensuring Access to Clinical Trials Act of and Navajo council speaker Lorenzo onstration project to teach low-income 2015 (P.L. 114–63) ...... * * students needed skills before they Adoptive Family Relief Act (P.L. 114–70) * * Bates in Window Rock, AZ, to discuss Illegal, Unreported, and Unregulated this matter. I can assure my colleagues started kindergarten. Over the past 50 Fishing Enforcement Act of 2015 years, Head Start has served 32 million (H.R. 774) ...... * * that the Navajo are suffering deeply A bill to amend title XI of the Social Se- and dearly because of this spill. I have children and families across the coun- curity Act to clarify waiver authority also received calls and letters from a try with comprehensive services. regarding programs of all-inclusive The Head Start Program has given care for the elderly (PACE programs) number of concerned constituents, children and families the tools to suc- (S. 1362) ...... * * mayors, county supervisors, and busi- ceed by ensuring a high quality edu- Current Balance ...... ¥1,417 ¥6,149 nesses in northern Arizona who also cation and access to health care and Memorandum: have a stake in the health and safety of 2015–2020 2015–2025 social services. The Head Start Pro- Changes to Revenues ...... 4,140 ¥1,284 Lake Powell. They are just as alarmed ¥ gram represents a critical investment Changes to Outlays ...... 2,723 7,433 as the Navajo people that the plume in the education of our nation’s young- Source: Congressional Budget Office. could endanger their livelihoods and Notes: n.e. = not able to estimate; P.L. = Public Law. * = between est children. In the State of Delaware, ¥$500,000 and $500,000. their enjoyment of natural resources in 2,714 children and pregnant women ben- a Pursuant to S. Con. Res. 11, the Senate Pay-As-You-Go Scorecard was their communities. The Arizona De- reset to zero. efitted from Head Start, Early Head b The amounts shown represent the estimated impact of the public laws partment of Environmental Quality Start, and the Early Childhood Assist- on the deficit. Negative numbers indicate an increase in the deficit; positive and the Arizona Geological Survey numbers indicate a decrease in the deficit. ance Program in 2014. Head Start is in- c Excludes off-budget amounts. have been expending scarce resources strumental in uplifting families in d Excludes amounts designated as emergency requirements. to conduct water samples independent e P.L. 114–17 could affect direct spending and revenues, but such im- Delaware by providing resources to pacts would depend on future actions of the President that CBO cannot pre- of EPA. And that has been helpful. But families who, like many of us, want to dict. (http://www.cbo.gov/sites/det1mltlfiles/cbofiles/attachments/s615.pdf) the Federal Government has to step up f P.L. 114–30 will cause a decrease in spending of $5 million in 2017 see their children reach their full po- and an increase in spending of $5 million in 2019 for a net impact of zero and take action that would allow all tential. over the six-year and eleven-year periods. affected stakeholders, but especially The teachers, home visitors, and fam- f tribal communities, find confidence in ily service workers that make up the EPA GOLD KING MINE SPILL what the Federal Government is doing Head Start Program are the backbone to fix the mess that it created. of this mission. Without them on the Mr. MCCAIN. Mr. President, last At last month’s hearing, we received front lines each and every day, these month the Senate Indian Affairs Com- testimony from EPA Administrator early education goals would not be mittee held an oversight hearing on Gina McCarthy and others dealing with met. I commend the teachers and staff the Environmental Protection Agen- the spill, including the Navajo Nation who are deeply committed to seeing all cy’s Gold King Mine disaster. I am very president, Russell Begaye. We also re- children succeed. On behalf of Senator grateful that Chairman ceived testimony from Doug Holtz- and Congressman JOHN and Vice Chairman quickly Eakin, a noted economist and former CARNEY, I recognize Head Start Aware- made this matter a priority for their Director of the Congressional Budget ness Month and the 50th Anniversary of committee following the August break. Office. Mr. Holtz-Eakin estimated that Head Start. It is our sincere hope that The hearing focused on the harmful im- the spill will cost the Navajo’s agri- future generations of children and fam- pacts that spill is having on Indian culture sector roughly $41,000 a day in ilies can continue to greatly benefit Country, namely the Navajo Nation, lost economic activity. from Head Start’s programs and we can the Southern Ute Tribe, and the Ute While I am grateful that Adminis- put children on the right path from the Mountain Ute Tribe. trator McCarthy agreed to appear be- very beginning. On the Navajo Nation, an estimated fore the committee, I am concerned f 1,500 farms have been damaged by the that, under her watch, not a single EPA and its contractors when they re- Agency employee or contractor had OBSERVING INTERNATIONAL DAY leased a deluge of tailings-pond waste- been fired for the disaster. In her testi- OF THE GIRL water from the abandoned Gold King mony, Administrator McCarthy por- Mr. KIRK. Mr. President, October 11 Mine. On August 5, 2015, an acidic trayed the EPA’s response to the tribes marked the second annual Inter- plume of mercury, arsenic, and other as timely, but her portrayal was di- national Day of the Girl. This day

VerDate Sep 11 2014 06:25 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.039 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7542 CONGRESSIONAL RECORD — SENATE October 27, 2015 brings together people and advocacy Highlands. Their responsibilities in- daughters and a son with his wife, groups to raise awareness about the cluded rescuing and evacuating ground Charlotte, of 38 years. He also has challenges facing girls around the forces, as well as setting up perimeters grandchildren. He credits his family world. Tragically, today’s regional cri- for operations. They were right in the with helping him heal. ‘‘It’s all the ses are having a disproportionately de- thick of things, and, as Thomas once support of my family that’s got me structive impact on girls. 2015 marks put it, ‘‘If there was a hot spot where where I’m at today,’’ Thomas said. the year with the highest number of reinforcements were needed . . . we ‘‘My wife is always supporting me. My displaced persons since World War II. were there.’’ On more than one occa- daughters, my son and my grand- According to the United Nations High sion, this proved to be an important children—I’m very, very fortunate.’’ Commissioner for Refugees, women and but harrowing position to be in. One However, Thomas is still haunted by girls comprise half of any refugee or in- night, when the brigade was charged his memories daily, and he doesn’t ternally displaced population. Crises with setting up a perimeter on a hill- want other soldiers to have to suffer such as the ongoing conflict in Syria, side, Thomas and his comrades felt par- the way he has had to. He believes, like over 1.5 million displaced in South ticularly concerned. They knew the I do, that our commitment to our vet- Sudan, and the expanding migrant cri- area was likely heavily booby-trapped, erans is a cost of war, and we must sis in Europe, among others, risk leav- so they proceeded with extra caution. make it a priority to help, protect, and ing an entire generation of girls shaped Their mission was to intercept the serve those who served. Too many of by a lack of opportunity, gender-based North Vietnamese forces headed in our Vietnam veterans never got the violence, forced marriage, and dis- their direction, and after establishing a homecoming or the recognition they rupted education. perimeter, they were allowed a few deserved. So today I am honored to Access to education is often a top hours of rest before being put on high have the opportunity to thank Thomas priority for refugee families upon re- alert. A few hours later, while he was for his bravery both in battle and be- settling in a foreign country. We know trying to get some sleep, Thomas sud- yond. He is a Montanan born and bred, that, if empowered with the appro- denly heard a blast, and he was thrown and his life has been a testament to the priate tools, girls can be facilitators of nearly a dozen feet from his makeshift kind of commitment, courage, and change who can transform their own tent. Thomas quickly realized that compassion that our State can be lives, as well as the lives of their fami- someone had set off a booby trap, but proud of. lies, communities, and societies and before he could process much else, a It was my honor to recognize Thomas serve as a bulwark against the condi- medic began calling his name and he Rockroads, Jr. by presenting him with tions that contribute to extremism rushed over to help. Thomas worked the Bronze Star Medal, National De- that so many terrorist groups have ex- with the medic to care for his fellow fense Service Medal, Vietnam Service ploited, often at the expense of women soldier, but shortly thereafter the man Medal, Combat Infantryman Badge 1st and girls. The lack of access to edu- died in Thomas’s arms. Award, Republic of Vietnam Campaign cation for refugee girls stifles em- A few days later, Thomas and his bri- Ribbon with 1960 Device, Sharpshooter powerment and stands in the way of gade found themselves under siege Badge with auto rifle bar with rifle bar, achieving a durable solution to con- again—this time, without cover, they Marksman Badge with machine gun flict. came face to face with enemy soldiers. bar, and the Parachutist Badge Basic. As the United States and the inter- The North Vietnamese troops, equipped Our State and our Nation thank you, national community work to cope with with an anti-aircraft gun and hiding in- Thomas, for your service and for a sol- the current refugee crisis, it is critical side an irrigation trench, began rapid dier’s sacrifice. that we focus not only on security but firing on Thomas and his platoon. f on the basic needs of refugees, such as Knowing they needed air support, RECOGNIZING MENTOR: THE NA- access to education and increasing the Thomas headed right toward the anti- TIONAL MENTORING PARTNER- role of women and girls in humani- aircraft gun—as long as it was oper- SHIP tarian response and civil society pro- able, American helicopters couldn’t ac- grams. cess the area. However, his M16 was Mr. BOOKER. Mr. President, today I f jammed, so under heavy fire, he had to would like to recognize MENTOR: The dislodge the trapped bullets and re- National Mentoring Partnership, the TRIBUTE TO THOMAS ROCKROADS, place them with a new magazine. He leadership of its founders, Geoffrey T. JR. and a fellow solider finally located the Boisi and Raymond G. Chambers, and Mr. TESTER. Mr. President, I wish enemy’s weapon at the far end of a the expansion of the mentoring field in to honor Thomas Rockroads, Jr., a vet- hedgerow and headed back into the the past quarter century. eran of the . On behalf of firestorm with one aim—to disarm it. This year, MENTOR celebrates its all Montanans and all Americans, I Before they could reach their target, 25th anniversary. Its founders, Geoffrey would like to thank Mr. Rockroads for an enemy solider intercepted them, T. Boisi and Raymond G. Chambers, his service to our State and to our Na- lobbing a grenade directly at Thomas were leading businessmen and philan- tion. It is my privilege to share Thom- and his comrade. They both ran for thropists who understood the value of as’s story for the official Senate cover, and thankfully the grenade mentoring in their own lives. They be- Record. failed to detonate, but mere seconds lieved passionately that the interven- Thomas Rockroads, Jr., was born on after that, another soldier charged tion of a caring adult is a critical ele- December 21, 1948, in Crow Agency, MT. them, firing wildly at Thomas and his ment in the life of a young person, and His father worked in sawmills in both platoon. The soldier was not more than they believed that every young person Kirby and Lame Deer and was a ranch 10 feet away from Thomas when he fi- needs and deserves a powerful relation- hand and coal miner in Lame Deer. His nally went down. ship that supports their growth and mother worked for many years at the Thomas returned to Busby, MT, a gives them the opportunity for success. Northern Hotel before coming home to full 365 days after his deployment. He In 1990, Boisi and Chambers recog- the Northern Cheyenne Reservation. remarkably didn’t sustain a single nized the powerful impact that men- He spent his childhood in Busby and at- scratch. But like many of his fellow toring could have on our Nation’s at- tended Busby High School until joining veterans, despite his lack of visible risk youth, and they started a move- the Army his junior year. wounds, Thomas has struggled with the ment to increase opportunity for all In September of 1968, he volunteered unseen wounds of war. Thirty-five young people by establishing MENTOR. for the Army Airborne Infantry, and by years after coming back from Vietnam, The success of Boisi’s and Chambers’ September of 1969, he found himself he was formally diagnosed with post- efforts has been remarkable. That first jumping out of helicopters and into the traumatic stress disorder. year, approximately 300,000 youth at highlands of Vietnam. Thomas was a Despite this often debilitating strug- risk of falling off track were paired member of the 173rd Airborne Brigade, gle, Thomas has spent the last 30 years with a caring adult through a struc- which was stationed in the hot, humid working for Western Energy’s Rosebud tured mentoring program. Today, 4.5 Tiger Mountains of Vietnam’s Central Mine at Colstrip and raising two million at-risk young people will find

VerDate Sep 11 2014 06:25 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.044 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7543 the support that they need in a men- From his Georgia roots to his work portance of acknowledging the bravery toring relationship while growing up. at Bethany Baptist, Dr. Howard has and valor of the men and women who We know that research has found shown an extraordinary commitment fought in defense of our country, as that young people with a mentor are 55 to serving others. His work outside of well as those who continue to serve. percent more likely to attend college the church has spanned the realms of Men like Levi Douthit and members of and more than twice as likely to say human rights, international affairs, do- VFW Post 1674 set their personal lives that they held a leadership position in mestic policy, and education. In his aside to fight for our country. This a club or sports team than young peo- role over the last 15 years as pastor of post recognizes the service, sacrifice, ple without mentors. We also know Bethany Baptist Church, he has and courage of fellow veterans and con- that people who are mentored in their worked tirelessly to expand outreach tinues to offer aid and assistance to youth are 78 percent more likely to to the community as a whole. those who served our Nation in uni- volunteer in their communities than Since his first position as a youth form. those who are not mentored. leader conducting some of the earliest As participants in the Buddy Poppy Unfortunately, despite the tremen- voter outreach efforts in southwest Program, members support the vet- dous growth of the mentoring move- Georgia, Dr. Howard has been a beacon erans relief fund. They serve veterans ment in America over the past 25 of light across the globe, bridging the in and around Siloam Springs who need years, 1 in 3 young people, including 9 worlds of faith and political activism. help with daily basic needs and trans- million at-risk youth, will still reach He has consistently taken on leader- portation to VA health centers for adulthood without having a mentor of ship roles, serving as moderator of the medical treatments. any kind. This mentoring gap isolates Programme to Combat Racism of the Members continue their dedication these young people from the meaning- World Council of Churches, president of to the community, offering scholar- ful connections to adults that would the National Council of Churches, and ships to students, teaching flag eti- help them to grow and succeed. Fur- president of the American Committee quette, and, as partners with Kind at thermore, young people are not the on Africa. Through these posts, Dr. Heart Ministries of Siloam Springs, only ones who gain from a mentoring Howard has provided a powerful exam- helping build wheelchair ramps for vet- relationship. While mentoring empow- ple of our Nation’s commitment to erans. ers our children and sets them on the human rights and equality. In minis- The importance of Post 1674 to the path to success, it also deeply enriches tering to U.S. personnel held hostage community was apparent when more the lives of the adults who are in Iran in 1979 and working for the re- than a decade ago a lack of member- partnered with them. As a mentor my- lease of U.S. Navy pilot Robert O. ship and financial troubles nearly self, I can attest to this profound ben- Goodman, Dr. Howard was a quiet but forced its closure. Businessmen helped efit. powerful force for faith and peace. raise support in the community and Dr. Howard’s record of service and MENTOR has been a leader in the de- kept its doors open. leadership domestically is equally im- velopment of best practices to assist I congratulate VFW Post 1674 on its pressive. Serving as president of New mentoring organizations across the 75th anniversary. I wish Commander York Theological Seminary, he dem- country in improving their program Frank Lee and the 163 members who onstrated the importance of inter- quality. MENTOR and its network of served in U.S. engagements since WWII disciplinary approaches to community affiliate Mentoring Partnerships has the best of luck and many more years development by implementing joint set the bar for quality in practice and of camaraderie, service, and invest- programs in social work and urban edu- ment in the community.∑ has strengthened the mentoring field’s cation. He has been a board member for capacity to deliver on the promise of such organizations as the National f mentoring. Urban League, the Children’s Defense 50-YEAR CLASS REUNION OF THE It is clear that, in the last quarter Fund, and the Rutgers University 1965 CLASS OF WESTERN HIGH century, MENTOR, under the leader- Board of Governors. Under his leader- SCHOOL ship of its volunteer board and found- ship, the New Jersey Death Penalty ∑ ers, has done tremendous work cham- Mr. CARDIN. Mr. President, this Study Commission was instrumental in week in my hometown of Baltimore, pioning the advancement of mentoring New Jersey becoming the first State to practice and fostering the growth of MD, the Western High School class of abolish the death penalty since 1976. 1965 will gather to celebrate their 50th the mentoring movement. Therefore, I Finally, Dr. Howard’s impact on the ask that my colleagues join me in rec- class reunion. In honor of this special city of Newark has been remarkable. occasion, I wish to take a moment to ognizing the accomplishments of this As pastor of Bethany, Dr. Howard remarkable organization in expanding pay tribute to the experiences of the quickly established Bethany Cares, WHS class of 1965 and commemorate the quality and availability of men- Inc., and through this outreach cor- toring for all young people in the the lasting legacy of Western High poration, the church has actively tran- School, which continues to produce United States, in honoring the service scended its congregation walls to serve and leadership of MENTOR cofounders leaders for the Baltimore community. the community at large. Such trans- To this day, Western High School re- Geoffrey T. Boisi and Raymond G. formative work has played an integral Chambers and their dedication to mains a source of pride for the city of part in strengthening the development Baltimore. Founded as Western Female America’s youth, and in encouraging of New Jersey’s largest city. High School in 1844, it remains the old- Americans to discover just how reward- After 15 years of devoted service as est operating public all-girls high ing mentoring can be through volun- pastor of Bethany Baptist Church, Dr. teering with their local mentoring or- Howard will be retiring. It is an honor school in the Nation nearly 171 years ganization. to formally recognize Dr. Howard for after its doors opened on North Paca Street. Prior to the opening of Western f his unwavering commitment to cre- ating a better world.∑ Female High School and its now ADDITIONAL STATEMENTS defunct companion Eastern Female f High School, Baltimore City females RECOGNIZING VFW POST 1674 ON were without an opportunity to ad- TRIBUTE TO REVEREND DOCTOR ITS 75TH ANNIVERSARY vance their education beyond the basic M. WILLIAM HOWARD, JR. ∑ Mr. BOOZMAN. Mr. President, I wish grammar school level. Female students ∑ Mr. BOOKER. Mr. President, today I to honor Veterans of Foreign Wars from across the city were drawn to the would like to recognize Rev. Dr. M. Post 1674 in Siloam Springs, AR, on its academic rigor of Western High School, William Howard, Jr., pastor of New- 75th anniversary. creating a true magnet school, as we ark’s Bethany Baptist Church. Dr. Chartered November 10, 1940, the post know today. As the city of Baltimore Howard has spent many decades lead- was named in honor of Levi Douthit, a grew, so did Western High School. In ing the charge for change, fueled by his WWI veteran. 1896, Western High School moved to a personal mission to utilize his faith to As a member of the Committee on larger location on Lafayette and transform the human condition. Veterans’ Affairs, I understand the im- McCulloh Streets, which allowed for

VerDate Sep 11 2014 06:25 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.043 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7544 CONGRESSIONAL RECORD — SENATE October 27, 2015 the expansion of courses to include and inspiration for the hard-working that was unusual for an Idaho farm clerical courses. Today Western High employees at DEMA and the many first boy. After he finished college at Utah School resides on a joint campus responders in Delaware for years to State University and married his opened in 1967 with the all-male Balti- come. sweetheart of close to 56 years, Frances more Polytechnic Institute on Falls Jamie has a lifetime of experience Arlene Anderson, they embarked on a Road. when it comes to responding to emer- journey that took them to the tiny is- The WHS class of 1965 graduated from gency situations. In 1970, he began his land territory of American Samoa, Western in a transitionary period for education in fire protection technology where he first taught high school Western. Two years away from the at Delaware Technical Community Col- chemistry, math, and physics, and then opening of the current campus, West- lege. He studied the causes and proper served as principal at Mapusaga High ern High School students attended responses to various hazards and pre- School. But perhaps some may think classes in the heart of downtown Balti- ventive measures that can be taken to his greatest achievement during that more. With an overpopulated school avoid them entirely. Jamie took the time was that he was instrumental in building that forced administrators to knowledge he gained from his edu- introducing American football to the move to a split shift schedule to ac- cation and in 1976 began working with Samoan people—something many col- commodate all of Western’s students, the Delaware State Fire School as the lege and NFL teams have appreciated alumnae often participated in work or emergency service training adminis- for many years now. An educator by volunteer opportunities located within trator. It was his responsibility to su- training and inclination, Vaughn spent walking distance of the school. This pervise instructors, research technical many years in administrative positions proximity to downtown also allowed information, and work with fire, res- at the Blackfoot School District before Western students to participate in the cue, and emergency medical services to finishing his career in the Provo burgeoning civil rights movement in develop necessary guidelines and effec- School District where he retired. Baltimore City, including the pick- tive procedures. eting of businesses which refused to Then, in 2000, he took on the role of His devotion to his faith has been serve African Americans. While West- executive secretary of the Delaware manifest in many ways, including mis- ern High School students can fondly re- Volunteer Firemen’s Association, sionary service throughout the world— member their efforts to fight for social where he was tasked with following first as a young missionary in western justice in the civil rights movement, legislation at every level of govern- Canada; then in American Samoa; then the class of 1965 was also struck by the ment that affected DVFA’s member- in Milan, Italy; and most recently in tragic news of President John F. Ken- ship. In this role, he researched dif- Santa Monica, CA. His teaching nature nedy’s assassination. Even as WHS ferent laws and ordinances to ensure has been evident far beyond his profes- mourned this news, former Western that the DVFA was following the prop- sional career, as he has been given the High School alumna Sarah T. Hughes, er guidelines. Thanks to Jamie, Dela- opportunity to educate through that then judge of the U.S. District Court ware’s firefighters stayed informed on missionary service. Upon his retire- for the Northern District of Texas and the regulations that were put in place ment from education several years ago, just the third woman to ever serve as a to keep themselves and those in emer- he had served in teaching positions at Federal jurist, administered the oath gency situations safe. the LDS Missionary Training Center of office to then-Vice President Lyndon Jamie has been a dedicated public and the BYU-Idaho Pathways Pro- B. Johnson aboard Air Force One. servant for years. Before his appoint- gram—ever searching to help those The storied history of Western High ment to director of DEMA, he was serv- who are seeking improvement in their School and school motto, ‘‘Lucem ing and protecting Delaware through educational pursuits. accepimus, lucem demus’’—‘‘We have his consistent endeavors to remain on His friends and neighbors know him received light, let us give light’’—has the cutting edge of best practices in as a tinkerer, a man who can fix any- continued to inspire generations of stu- emergency protocol and then use that thing. He maintains a world-class col- dents and countless alumnae of WHS. experience to educate others in the lection of tools and parts you never Among its alumnae include Henrietta field. He is active in the Smyrna Little knew you were missing. He is the proud Szold, the founder of Hadassah; League and continues to volunteer father of eight children—Susan, Rich- Trazana Beverley, a 1977 Tony Award with the Delaware Fire Service. ard, Diane, Pamela, Cynthia, Daniel, On behalf of Senator CHRIS COONS and Winner; former Maryland State super- John, and Scott. His eldest daughter, Congressman JOHN CARNEY, I whole- intendent of schools Dr. Nancy S. Susan, has worked for me for many heartedly thank Jamie Turner for his Grasmick; current Baltimore City years, and I have had the opportunity service to the State of Delaware. His mayor Stephanie Rawlings-Blake; and to get to know Vaughn on a personal model leadership and dedication has current Western High School principal level. While he may count them as his improved the quality of our State’s Michelle White. As the WHS class of greatest achievements, each one of emergency response systems and has 1965 comes together this week to cele- them is grateful for his influence and kept countless residents safe. We offer brate their class reunion and years of support in their lives. He taught them our sincere congratulations on a job friendship, I encourage each alumnae how to work, how to fight for what is well done and wish him and his wife to remember the words they were right and fair, to value education and Debbie, their daughters Kim and Katie, taught at Western High School many learning, to take the adventurous path, husbands Mike and Sean respectively, years ago and continue to strengthen and to be faithful to the Lord. He has ∑ and their grandchildren Madelyn, Har- their own communities. built a life of service and devotion to per, Keegan, and Kolton many happy f his family, friends, and faith and serves years to come.∑ TRIBUTE TO JAMIE TURNER as a tremendous example of kindness f ∑ Mr. CARPER. Mr. President, it is and strength to all who know him. with great pleasure that, on behalf of TRIBUTE TO VAUGHN THOMAS As a young farm boy, Vaughn had an the Delaware congressional delegation, HAWKES opportunity to receive the CONGRES- I wish to honor the exemplary service ∑ Mr. CRAPO. Mr. President, I wish to SIONAL RECORD every day through the of Jamie Turner, director of the Dela- honor Vaughn Thomas Hawkes on his mail. He was fascinated by all that ware Emergency Management Agency, 80th birthday. Vaughn is a native Ida- transpired in Congress and read the upon his retirement. Jamie has served hoan whose family roots in the State documents studiously. It was only the as director for 13 years and during that go back generations. He is one of nine beginning of a lifetime of curiosity time has provided first responders and children born to a farm family outside about the world around him. So it Delaware citizens with emergency pre- of Preston, where he learned hard work seemed a fitting tribute to honor his paredness training and education to and ingenuity are the keys to a good 80th birthday to provide him with his keep Delawareans safe when hazards life. The work ethic he learned early on own mention in that illustrious such as hurricanes, tornadoes, and fires has served him well through his 80 RECORD. We wish him a very happy 80th hit Delaware. His efforts will be a guide years, but he had a spirit of adventure birthday.∑

VerDate Sep 11 2014 06:25 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.040 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7545 TRIBUTE TO WAR CHIEF JOSEPH alty, priorities, and hard work set an S. 1362. An act to amend title XI of the So- MEDICINE CROW amazing example to the rest of Mon- cial Security Act to clarify waiver authority ∑ tana and our great Nation as a whole.∑ regarding programs of all-inclusive care for Mr. DAINES. Mr. President, I would the elderly (PACE programs). like to wish happy birthday to the last f S. 2162. An act to establish a 10–year term Crow war chief, Joseph Medicine Crow, for the service of the Librarian of Congress. who is celebrating his 102nd birthday MESSAGES FROM THE HOUSE f today. He has served proudly as the At 11:27 a.m., a message from the Crow Tribe’s historian and storyteller, House of Representatives, delivered by REPORTS OF COMMITTEES is a decorated World War II veteran, Mr. Novotny, one of its reading clerks, The following reports of committees and was the first in his tribe to attain announced that the House has passed were submitted: the following bill, in which it requests a master’s degree. By Mr. THUNE, from the Committee on Medicine Crow has lived a life filled the concurrence of the Senate: Commerce, Science, and Transportation, with numerous accomplishments. He is H.R. 3033. An act to require the President’s with an amendment in the nature of a sub- a recipient of the Presidential Medal of annual budget request to Congress each year stitute: Freedom. The White House identified to include a line item for the Research in S. 1326. A bill to amend certain maritime him as both ‘‘a warrior and living leg- Disabilities Education program of the Na- programs of the Department of Transpor- end’’ when he received the Medal of tional Science Foundation and to require the tation, and for other purposes (Rept. No. 114– Freedom in 2009. In 2006, his personal National Science Foundation to conduct re- 158). search on dyslexia. memoir, ‘‘Counting Coup,’’ was pub- By Mr. CORKER, from the Committee on Foreign Relations, without amendment: lished by National Geographic. He is ENROLLED BILL SIGNED The President pro tempore (Mr. S. 1789. A bill to improve defense coopera- considered one of the most celebrated tion between the United States and the HATCH) announced that on October 26, Native American soldiers due to his Hashemite Kingdom of Jordan. selfless service in World War II. 2015, he had signed the following en- With his great-grandmother, grand- rolled bill, previously signed by the f mother, mother, and uncle all living Speaker of the House: EXECUTIVE REPORTS OF past 100 years of age, Medicine Crow H.R. 558. An act to designate the facility of COMMITTEES credits his long life to his strong fam- the United States Postal Service located at 55 South Pioneer Boulevard in Springboro, The following executive reports of ily roots. Medicine Crow’s secret ad- nominations were submitted: vice to living such a long and full life? Ohio, as the ‘‘Richard ‘Dick’ Chenault Post Office Building’’. By Mr. McCAIN for the Committee on He advises going to sleep early, sleep- Armed Services. ing 8 hours, eating breakfast, keeping ENROLLED BILL SIGNED At 12:48 p.m., a message from the Air Force nomination of Col. Thomas K. busy at work, and eating healthy and Wark, to be Brigadier General. generously. He also touched on the House of Representatives, delivered by Air Force nomination of Col. Howard P. positive influences of his wife, who Mr. Novotny, one of its reading clerks, Purcell, to be Brigadier General. urged him to maintain good habits. His announced that the Speaker has signed Air Force nomination of Col. Allan L. positive, endearing spirit and sense of the following enrolled bill: Swartzmiller, to be Brigadier General. humor truly keeps him young. H.R. 313. An act to amend title 5, United Army nomination of Lt. Gen. David D. Hal- Medicine Crow’s spirit, humility, States Code, to provide leave to any new verson, to be Lieutenant General. Army nomination of Maj. Gen. Kenneth R. kind disposition, and many incredible Federal employee who is a veteran with a service-connected disability rated at 30 per- Dahl, to be Lieutenant General. life achievements are a model for all cent or more for purposes of undergoing med- Army nomination of Col. Erik H. Torring Montanans. Happy Birthday, Chief ical treatment for such disability, and for III, to be Brigadier General. Medicine Crow. I look forward to cele- other purposes. Army nomination of Maj. Gen. Thomas S. brating many more.∑ Vandal, to be Lieutenant General. The enrolled bill was subsequently Army nomination of Col. Valeria Gonzalez- f signed by the President pro tempore Kerr, to be Brigadier General. TRIBUTE TO RUSTY STAFNE (Mr. HATCH). Army nomination of Col. John J. Morris, ∑ to be Brigadier General. Mr. DAINES. Mr. President, I wish to At 2:38 p.m., a message from the recognize the loyal service of A.T. Air Force nomination of Brig. Gen. Ste- House of Representatives, delivered by phen E. Markovich, to be Major General. ‘‘Rusty’’ Stafne, chairman of the Fort Mrs. Cole, one of its reading clerks, an- Army nomination of Col. Marta Carcana, Peck Assiniboine and Sioux Tribes. nounced that the House has passed the to be brigadier General. Stafne ended his term yesterday and following bill, in which it requests the Mr. McCAIN. Mr. President, for the will not be running for reelection as concurrence of the Senate: Committee on Armed Services I report chairman. I am proud to honor and to favorably the following nomination congratulate him on his service and H.R. 3819. An act to provide an extension of Federal-aid highway, highway safety, motor lists which were printed in the successes. carrier safety, transit, and other programs RECORDS on the dates indicated, and As chairman, Stafne has worked dili- funded out of the Highway Trust Fund, and ask unanimous consent, to save the ex- gently for the Assiniboine and Sioux for other purposes. pense of reprinting on the Executive people on the Fort Peck Reservation f Calendar that these nominations lie at and has held firm in his priorities. He the Secretary’s desk for the informa- has worked to honor veterans, specifi- MEASURES REFERRED tion of Senators. cally those who served in World War II, The following bill was read the first The PRESIDING OFFICER. Without and has worked tirelessly to protect and the second times by unanimous objection, it is so ordered. wildlife in Montana and on the Fort consent, and referred as indicated: Peck Reservation. Air Force nominations beginning with We thank Chairman Stafne for his in- H.R. 3033. An act to require the President’s Brandon R. Abel and ending with Brandon A. annual budget request to Congress each year Zuercher, which nominations were received volvement in the Senate Indian Affairs to include a line item for the Research in by the Senate and appeared in the Congres- Committee. He has been a tireless ad- Disabilities Education program of the Na- sional Record on June 24, 2015. vocate for rural water projects and tional Science Foundation and to require the Air Force nominations beginning with other challenges facing the tribes. He National Science Foundation to conduct re- Michelle T. Aaron and ending with Kirk P. has traveled to Washington, DC, to tes- search on dyslexia; to the Committee on Winger, which nominations were received by tify in front of Congress and has broad- Health, Education, Labor, and Pensions. the Senate and appeared in the Congres- ened the eyes of many—giving new and f sional Record on September 9, 2015. better insight into the life of tribal Air Force nominations beginning with ENROLLED BILLS PRESENTED Quentin D. Bagby and ending with Mary A. men and women, so that we can work Workman, which nominations were received together to better serve and protect The Secretary of the Senate reported by the Senate and appeared in the Congres- our tribal nations. that on October 26, 2015, she had pre- sional Record on September 9, 2015. I am thankful for Chairman Stafne’s sented to the President of the United Air Force nominations beginning with work on behalf of the tribe. His loy- States the following enrolled bills: Robert H. Alexander and ending with Justin

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.018 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7546 CONGRESSIONAL RECORD — SENATE October 27, 2015 David Wright, which nominations were re- ginia (Mrs. CAPITO) was added as a co- prove access to medication therapy ceived by the Senate and appeared in the sponsor of S. 12, a bill to amend the In- management under part D of the Medi- Congressional Record on September 9, 2015. ternal Revenue Code of 1986 to exempt care program. Army nomination of Matthew P. Tarjick, S. 1042 to be Lieutenant Colonel. employees with health coverage under Army nomination of Judith S. Meyers, to TRICARE or the Veterans Administra- At the request of Mr. MENENDEZ, the be Major. tion from being taken into account for name of the Senator from Florida (Mr. Army nominations beginning with Thomas purposes of determining the employers NELSON) was added as a cosponsor of S. W. Wisenbaugh and ending with Harold P. to which the employer mandate applies 1042, a bill to amend the Outer Conti- Xenitelis, which nominations were received under the Patient Protection and Af- nental Shelf Lands Act to permanently by the Senate and appeared in the Congres- fordable Care Act. prohibit the conduct of offshore drill- sional Record on September 9, 2015. ing on the outer Continental Shelf in Army nomination of Michael A. Blaine, to S. 281 be Colonel. At the request of Mr. BLUNT, the the Mid-Atlantic, South Atlantic, and Navy nomination of Terry A. Petropoulos, name of the Senator from Nebraska North Atlantic planning areas. to be Lieutenant Commander . (Mrs. FISCHER) was added as a cospon- S. 1249 By Mr. THUNE for the Committee on Com- sor of S. 281, a bill to require a Federal At the request of Mr. MENENDEZ, the merce, Science, and Transportation. name of the Senator from Minnesota * Sarah Elizabeth Feinberg, of West Vir- agency to include language in certain educational and advertising materials (Mr. FRANKEN) was added as a cospon- ginia, to be Administrator of the Federal sor of S. 1249, a bill to amend the Fair Railroad Administration. indicating that such materials are pro- Credit Reporting Act to provide protec- * Nomination was reported with rec- duced and disseminated at taxpayer ex- pense. tions for active duty military con- ommendation that it be confirmed sub- sumers, and for other purposes. ject to the nominee’s commitment to S. 520 S. 1334 respond to requests to appear and tes- At the request of Mr. CARDIN, the At the request of Ms. MURKOWSKI, the name of the Senator from California tify before any duly constituted com- names of the Senator from New Jersey (Mrs. FEINSTEIN) was added as a co- mittee of the Senate. (Mr. BOOKER) and the Senator from (Nominations without an asterisk sponsor of S. 520, a bill to amend the Louisiana (Mr. VITTER) were added as were reported with the recommenda- Neotropical Migratory Bird Conserva- cosponsors of S. 1334, a bill to strength- tion that they be confirmed.) tion Act to reauthorize the Act. en enforcement mechanisms to stop il- f S. 619 legal, unreported, and unregulated fish- INTRODUCTION OF BILLS AND At the request of Mr. CARDIN, the ing, to amend the Tuna Conventions JOINT RESOLUTIONS name of the Senator from South Da- Act of 1950 to implement the Antigua kota (Mr. ROUNDS) was added as a co- Convention, and for other purposes. The following bills and joint resolu- sponsor of S. 619, a bill to include tions were introduced, read the first S. 1375 among the principal trade negotiating At the request of Mr. DURBIN, the and second times by unanimous con- objectives of the United States regard- name of the Senator from Oregon (Mr. sent, and referred as indicated: ing commercial partnerships trade ne- MERKLEY) was added as a cosponsor of By Mr. MENENDEZ (for himself, Mr. gotiating objectives with respect to S. 1375, a bill to designate as wilderness SCHUMER, Mrs. GILLIBRAND, and Mr. discouraging activity that discourages, certain Federal portions of the red BOOKER): S. 2207. A bill to require the Secretary of penalizes, or otherwise limits commer- rock canyons of the Colorado Plateau State to offer rewards of not less than cial relations with Israel, and for other and the Great Basin Deserts in the $10,000,000 for information that leads to the purposes. State of Utah for the benefit of present arrest or conviction of suspects in connec- S. 637 and future generations of people in the tion with the bombing of Pan Am Flight 103; At the request of Mr. CRAPO, the United States. to the Committee on Foreign Relations. name of the Senator from Colorado S. 1565 By Mrs. MURRAY (for herself, Ms. (Mr. BENNET) was added as a cosponsor At the request of Mr. REED, the name BALDWIN, Mr. BLUMENTHAL, Mr. of the Senator from New Mexico (Mr. BROWN, Ms. CANTWELL, Mr. FRANKEN, of S. 637, a bill to amend the Internal Mrs. GILLIBRAND, Ms. KLOBUCHAR, Revenue Code of 1986 to extend and UDALL) was added as a cosponsor of S. Mr. LEAHY, Ms. MIKULSKI, Mr. SAND- modify the railroad track maintenance 1565, a bill to allow the Bureau of Con- ERS, Ms. HIRONO, and Mr. CASEY): credit. sumer Financial Protection to provide S. 2208. A bill to promote the economic se- S. 682 greater protection to servicemembers. curity and safety of survivors of domestic vi- S. 1719 olence, dating violence, sexual assault, or At the request of Mr. TOOMEY, the name of the Senator from Arizona (Mr. At the request of Ms. COLLINS, the stalking, and for other purposes; to the Com- name of the Senator from Alaska (Ms. mittee on Health, Education, Labor, and FLAKE) was added as a cosponsor of S. Pensions. 682, a bill to amend the Truth in Lend- MURKOWSKI) was added as a cosponsor By Mr. CRAPO: ing Act to modify the definitions of a of S. 1719, a bill to provide for the es- S. 2209. A bill to revise various laws that mortgage originator and a high-cost tablishment and maintenance of a Na- interfere with the right of the people to ob- mortgage. tional Family Caregiving Strategy, and tain and use firearms for all lawful purposes; for other purposes. S. 746 to the Committee on the Judiciary. S. 1937 By Mr. BLUMENTHAL (for himself, At the request of Mr. GRASSLEY, the At the request of Mr. UDALL, the name of the Senator from New Mexico Ms. BALDWIN, and Mr. MARKEY): name of the Senator from Maine (Mr. S. 2210. A bill to require the Secretary of (Mr. HEINRICH) was added as a cospon- KING) was added as a cosponsor of S. Veterans Affairs to carry out a program to sor of S. 746, a bill to provide for the es- 1937, a bill to amend the Richard B. establish peer specialists in patient aligned tablishment of a Commission to Accel- Russell National School Lunch Act and care teams at medical centers of the Depart- erate the End of Breast Cancer. ment of Veterans Affairs, and for other pur- the Child Nutrition Act of 1966 to im- poses; to the Committee on Veterans’ Af- S. 773 prove nutrition in tribal areas, and for fairs. At the request of Mrs. MURRAY, the other purposes. By Mr. MORAN (for himself and Mr. name of the Senator from Maryland S. 1982 UDALL): (Ms. MIKULSKI) was added as a cospon- S. 2211. A bill to authorize additional uses At the request of Mr. CARDIN, the sor of S. 773, a bill to prevent harass- names of the Senator from North Caro- of the Spectrum Relocation Fund; to the ment at institutions of higher edu- Committee on Commerce, Science, and lina (Mr. TILLIS), the Senator from Transportation. cation, and for other purposes. Montana (Mr. DAINES), the Senator S. 776 f from Arizona (Mr. FLAKE) and the Sen- At the request of Mr. ROBERTS, the ator from West Virginia (Mrs. CAPITO) ADDITIONAL COSPONSORS name of the Senator from Minnesota were added as cosponsors of S. 1982, a S. 12 (Ms. KLOBUCHAR) was added as a co- bill to authorize a Wall of Remem- At the request of Mr. BLUNT, the sponsor of S. 776, a bill to amend title brance as part of the Korean War Vet- name of the Senator from West Vir- XVIII of the Social Security Act to im- erans Memorial and to allow certain

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.011 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7547 private contributions to fund the Wall establish guidelines for United States VA. Suicide rates are even higher of Remembrance. foreign development and economic as- among those veterans who do not use S. 2009 sistance programs, and for other pur- VA for the health care services. Given At the request of Mr. WYDEN, the poses. the stigma and reluctance of some vet- name of the Senator from Oregon (Mr. AMENDMENT NO. 2621 erans to seek mental health treatment, MERKLEY) was added as a cosponsor of At the request of Mr. WYDEN, the veterans using VA for primary care S. 2009, a bill to prohibit the sale of name of the Senator from Massachu- may be missing a key entry point to arms to Bahrain. setts (Ms. WARREN) was added as a co- the peer support model of care. Ex- panding this effective model into the S. 2042 sponsor of amendment No. 2621 pro- primary care setting could provide an- At the request of Mrs. MURRAY, the posed to S. 754, an original bill to im- other opportunity for veterans to ac- name of the Senator from Hawaii (Mr. prove cybersecurity in the United cess mental health services through SCHATZ) was added as a cosponsor of S. States through enhanced sharing of in- VA. That is why, today, I am intro- 2042, a bill to amend the National formation about cybersecurity threats, ducing—with my cosponsors Senators Labor Relations Act to strengthen pro- and for other purposes. BALDWIN and MARKEY—the Veteran tections for employees wishing to advo- AMENDMENT NO. 2716 Partners’ Efforts to Enhance Re- cate for improved wages, hours, or At the request of Mr. BURR, the integration, Veteran PEER Act, a bill other terms or conditions of employ- names of the Senator from Wisconsin that would expand the peer support ment and to provide for stronger rem- (Mr. JOHNSON), the Senator from Ari- model of care for mental health serv- edies for interference with these rights, zona (Mr. MCCAIN), the Senator from ices within the VA system to help en- and for other purposes. Delaware (Mr. CARPER), the Senator sure that veterans receive the effective S. 2089 from Iowa (Mr. GRASSLEY) and the Sen- and timely care they deserve. At the request of Ms. CANTWELL, the ator from South Dakota (Mr. THUNE) VA has begun a program to co-locate name of the Senator from Rhode Island were added as cosponsors of amend- mental health care providers within (Mr. WHITEHOUSE) was added as a co- ment No. 2716 proposed to S. 754, an primary care settings in an effort to sponsor of S. 2089, a bill to provide for original bill to improve cybersecurity promote effective treatment of com- investment in clean energy, to em- in the United States through enhanced mon mental health conditions in the power and protect consumers, to mod- sharing of information about cyberse- primary care environment. This is a ernize energy infrastructure, to cut curity threats, and for other purposes. positive step; however, the peer sup- pollution and waste, to invest in re- f port model of care for mental health search and development, and for other services has not been similarly inte- purposes. STATEMENTS ON INTRODUCED grated. Research on the use of the peer BILLS AND JOINT RESOLUTIONS S. 2145 support model of care for mental At the request of Mr. GRAHAM, the By Mr. BLUMENTHAL (for him- health services within the VA has name of the Senator from New York self, Ms. BALDWIN, and Mr. shown that Peer Specialists helped pa- (Mrs. GILLIBRAND) was added as a co- MARKEY): tients become more active in treat- sponsor of S. 2145, a bill to make sup- S. 2210. A bill to require the Sec- ment, which can promote recovery. plemental appropriations for fiscal retary of Veterans Affairs to carry out Peer support was recognized by the year 2016. a program to establish peer specialists Centers for Medicare and Medicaid S. 2148 in patient aligned care teams at med- Services as an evidence-based practice ical centers of the Department of Vet- At the request of Mr. WYDEN, the in 2007; and over 20 states have Med- name of the Senator from Massachu- erans Affairs, and for other purposes; icaid reimbursement for peer support to the Committee on Veterans’ Affairs. setts (Mr. MARKEY) was added as a co- services. In response to the President’s sponsor of S. 2148, a bill to amend title Mr. BLUMENTHAL. Mr. President, August 2014 Executive Orders to im- XVIII of the Social Security Act to in 2013, the VA estimated that about 1.5 prove mental health services for vet- prevent an increase in the Medicare million veterans required mental erans, VA committed to integrating part B premium and deductible in 2016. health services, which VA provides in a and expanding the peer support model variety of settings. In addition to the of care beyond traditional mental S. 2152 traditional VA medical centers, vet- health settings into primary care clin- At the request of Mr. CORKER, the erans may access mental health serv- ics in order to better connect with vet- names of the Senator from Arkansas ices and support through Vet Centers— erans wherever they seek care. How- (Mr. BOOZMAN) and the Senator from which often appeal to veterans because ever, progress toward placing Peer Spe- Michigan (Mr. PETERS) were added as of their welcoming, home-like environ- cialists in primary care teams has been cosponsors of S. 2152, a bill to establish ment; Community Based Outpatient slow. a comprehensive United States Govern- Clinics, which play an important role The Veteran PEER bill would require ment policy to encourage the efforts of in telehealth delivery by connecting VA to expand its use of Peer Special- countries in sub-Saharan Africa to de- rural veterans to psychiatry services ists—VA employees who promote vet- velop an appropriate mix of power solu- from the medical center home-base, a erans’ recovery by sharing their own tions, including renewable energy, for Veterans Crisis Line, VA staff on col- recovery stories, providing encourage- more broadly distributed electricity lege and university campuses, and ment, and teaching skills needed for access in order to support poverty re- other outreach efforts. Another impor- successful recovery. These profes- duction, promote development out- tant means of delivering mental health sionals may also provide case manage- comes, and drive economic growth, and services has been the inclusion of men- ment assistance, help with accessing for other purposes. tal health professionals within primary the right mental health care, and teach S. 2166 care delivery through VA’s Patient coping and self-advocacy skills. In gen- At the request of Mr. BLUNT, the Aligned Care Teams, which improves eral, peer support programs aim to de- name of the Senator from Pennsyl- the screening process and allows pro- velop veterans’ self-management skills vania (Mr. CASEY) was added as a co- viders to recognize and treat mental and restore participation in work and sponsor of S. 2166, a bill to amend part health issues occurring among those other social roles. Recognizing this ef- B of title IV of the Social Security Act veterans who present in their primary fective model of care, this bill would to ensure that mental health care locations. require VA to establish Peer Special- screenings and assessments are pro- In addition to providing ongoing care ists in Patient Aligned Care Teams vided to children and youth upon entry to veterans with mental health needs, within VA medical centers to promote into foster care. VA plays a role in suicide risk assess- the use and integration of mental S. 2184 ment and prevention among veterans. health services into the primary care At the request of Mr. ISAKSON, his According to VA, about one-quarter of setting. Over a two year period, the name was added as a cosponsor of S. the 18 to 22 veterans who die by suicide program would be carried out in 25 lo- 2184, a bill to direct the President to each day were receiving care through cations.

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.016 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7548 CONGRESSIONAL RECORD — SENATE October 27, 2015 The bill directs VA to take into con- ignated by the Secretary as polytrauma cen- ting. DBSA strongly supports the require- sideration the needs of female veterans ters. ment that VA medical centers give special when establishing peer support pro- (B) Not fewer than ten shall be medical consideration to the needs of female vet- erans when designing the pilot programs and grams, ensure that female Peer Spe- centers of the Department that are not des- ignated by the Secretary as polytrauma cen- ensure that female peer support specialists cialists are made available to veterans ters. are available in each of the pilot locations. through the program, and consider (2) CONSIDERATIONS.—In selecting medical We also welcome the collection and report- rural and underserved areas when se- centers for the program under paragraph (1), ing of data that will provided to Congress lecting program locations. VA would be the Secretary shall consider the feasibility every six months from the pilot. The VA uti- required to regularly report to Con- and advisability of selecting medical centers lizes the largest number of peer support spe- gress on the progress of the program in the following areas: cialists in the nation. As such, this data will (A) Rural areas and other areas that are help improve the role of the peer support including on its benefits to veterans specialists within the VA and throughout and their family members and data on underserved by the Department. (B) Areas that are not in close proximity America’s entire health care system. the gender of clients served by the pro- to an active duty military installation. As the leading peer-led organization sup- porting individuals with mood disorders and gram. Given that VA is one of the larg- (C) Areas representing different geographic their families, DBSA understands the impor- est employers of Peer Specialists, VA’s locations, such as census tracts established tance of peer support for individuals with a regular reporting on the program by the Bureau of the Census. behavioral health condition. We feel strongly would not only allow Congress to con- (d) GENDER-SPECIFIC SERVICES.—In car- rying out the program at each location se- that expanded use of peer specialists within duct appropriate oversite of the activi- the VA will increase veteran engagement in lected under subsection (c), the Secretary ties, but could also provide important their care, and lead to better outcomes and shall ensure that— sustained wellness. We applaud you for lead- insights for the wider peer support (1) the needs of female veterans are specifi- ing this new effort and stand ready to sup- community. cally considered and addressed; and port the VA as it implements this pilot pro- Given the pressing need for mental (2) female peer specialists are included in gram. the program. health services, it is imperative that Sincerely, (e) REPORTS.— we equip VA with the resources and or- ALLEN DOEDERLEIN, (1) PERIODIC REPORTS.— ganizational structure it needs to care President, for veterans who access these services (A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, Depression and Bipolar Support Alliance. and to find ways to reach more vet- and not less frequently than once every 180 NATIONAL ALLIANCE ON erans with effective mental health days thereafter until the Secretary deter- MENTAL ILLNESS, services when they need them. Expand- mines that the program is being carried out Arlington, VA, October 26, 2015. ing the peer support model into the pri- at the last location to be selected under sub- Hon. , section (c), the Secretary shall submit to mary care setting could provide an- U.S. Senate, Congress a report on the program. other opportunity for veterans to ac- Washington, DC. (B) ELEMENTS.—Each report required by cess mental health services through DEAR SENATOR BLUMENTHAL: On behalf of VA. As a nation we have asked more of subparagraph (A) shall include the following: the National Alliance on Mental Illness (i) The findings and conclusions of the Sec- these individuals than most of us can (NAMI), I am writing to offer our strong sup- retary with respect to the program during port for your proposed legislation, the Vet- comprehend. We must now honor the the 180-day period preceding the submittal of promise we made as a nation—to take eran Partners’ Efforts to Enhance Re-Inte- the report. gration (PEER) Act. As the nation’s largest care of those who have taken care of (ii) An assessment of the benefits of the organization representing people living with us. program to veterans and family members of serious mental illness and their families, Mr. President, I ask unanimous con- veterans during the 180-day period preceding NAMI is pleased to support this important sent that the text of the bill and let- the submittal of the report. legislation. ters of support be printed in the (2) FINAL REPORT.—Not later than 180 days As you know, the Department of Veterans after the Secretary determines that the pro- Affairs (VA) currently uses Peer Specialists RECORD. gram is being carried out at the last location to assist veterans living with mental illness. There being no objection, the mate- to be selected under subsection (c), the Sec- These Peer Specialists do a tremendous job rial was ordered to be printed in the retary shall submit to Congress a report de- in helping veterans’ access mental health RECORD, as follows: tailing the recommendations of the Sec- services and navigate the complicated VA S. 2210 retary as to the feasibility and advisability health care system. Every day they promote of expanding the program to additional loca- Be it enacted by the Senate and House of Rep- recovery through development of self-man- tions. resentatives of the United States of America in agement skills and assistance in moving to- Congress assembled, ward employment and community integra- Chicago, IL, October 14, 2015. tion. SECTION 1. SHORT TITLE. Hon. RICHARD BLUMENTHAL, Your PEER bill would direct the VA to es- This Act may be cited as the ‘‘Veteran U.S. Senate, tablish a pilot program to assess the feasi- Partners’ Efforts to Enhance Reintegration Washington, DC. bility of ‘‘going to scale’’ in the VA with a Act’’ or the ‘‘Veteran PEER Act’’. DEAR SENATOR BLUMENTHAL: On behalf of peer support program built on Patient SEC. 2. PROGRAM ON ESTABLISHMENT OF PEER the Depression and Bipolar Support Alliance Aligned Care Teams within VA medical cen- SPECIALISTS IN PATIENT ALIGNED (DBSA), it is with great pleasure that I en- ters across the nation. This would be a major CARE TEAM SETTINGS WITHIN MED- dorse the Veteran Partners’ Efforts to En- step forward in promoting integration of ICAL CENTERS OF DEPARTMENT OF hance Re-integration (PEER) Act. This bill mental health services into primary care VETERANS AFFAIRS. addresses a critically important gap within settings. Your bill would also direct the VA (a) PROGRAM REQUIRED.—The Secretary of the U.S. Department of Veterans Affairs to specifically take into consideration the Veterans Affairs shall carry out a program (VA) that inhibits access to behavioral needs of female veterans when designing to establish peer specialists in patient health services. We look forward to working pilot programs and to ensure that female aligned care teams at medical centers of the with you to improve veterans’ access to care. peer support specialists are available in each Department of Veterans Affairs to promote Since 2013, the VA has effectively used peer of the pilot locations. the use and integration of mental health support specialists to enhance behavioral NAMI strongly supports this effort to ex- services in a primary care setting. health care delivered to veterans in behav- pand access to peer specialists in the VA. (b) TIMEFRAME FOR ESTABLISHMENT OF PRO- ioral health settings. Yet, a majority of vet- Thank you for bringing this important legis- GRAM.—The Secretary shall carry out the erans in need of behavioral health care will lation forward. NAMI looks forward to work- program at medical centers of the Depart- enter the VA system through a primary care ing with you to ensure its swift passage. ment as follows: center. To help create the necessary connec- Sincerely, (1) Not later than 180 days after the date of tion from primary care to behavioral health MARY GILIBERTI. the enactment of this Act, at not fewer than services, the PEER Act will utilize behav- ten medical centers of the Department. ioral health peer support specialists to assist MILITARY OFFICERS ASSOCIATION (2) Not later than two years after the date veterans in various primary care settings. OF AMERICA of the enactment of this Act, at not fewer Specifically, the bill will require the VA to Alexandria, VA, October 26, 2015. than 25 medical centers of the Department. establish a pilot program to assess the feasi- Hon. RICHARD BLUMENTHAL, (c) SELECTION OF LOCATIONS.— bility and advisability of establishing peer Ranking Member, Committee on Veterans Af- (1) IN GENERAL.—The Secretary shall select support specialists in Patient Aligned Care fairs, U.S. Senate, Washington, DC. medical centers for the program as follows: Teams within VA medical centers to pro- DEAR SENATOR BLUMENTHAL: On behalf of (A) Not fewer than five shall be medical mote the use and integration of mental the more than 390,000 members of the Mili- centers of the Department that are des- health services into the primary care set- tary Officers Association of America

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(MOAA), I’m writing to thank you for spon- amendment SA 2716 proposed by Mr. BURR of Standards and Technology,’’ after ‘‘Sec- soring the ‘‘Veteran Partners Efforts to En- (for himself and Mrs. FEINSTEIN) to the bill retary’’. hance Reintegration (PEER) Act,’’ a bill S. 754, to improve cybersecurity in the On page 96, line 19, strike ‘‘likely,’’ and in- that would establish a two-year pilot pro- United States through enhanced sharing of sert ‘‘likely’’. gram that requires the Department of Vet- information about cybersecurity threats, erans Affairs to establish peer specialists in and for other purposes. On page 96, line 22, strike ‘‘present’’ and in- patient aligned care teams at 25 medical cen- f sert ‘‘present,’’. ter locations. MOAA has long supported peer support TEXT OF AMENDMENTS Beginning on page 103, strike line 10 and programs as a means to enhance delivery of SA 2749. Mr. BURR (for himself and all that follows through page 105, line 24, and health care services. By extending VA’s ex- insert the following: Mrs. FEINSTEIN) proposed an amend- isting mental health peer support model into (1) IN GENERAL.—Not later than 60 days ment to amendment SA 2716 proposed the primary care setting helps to further re- after the date of enactment of this Act, the duce barriers in accessing mental health by Mr. BURR (for himself and Mrs. Secretary, in consultation with the Director services while also supporting the Depart- FEINSTEIN) to the bill S. 754, to improve of the National Institute of Standards and ment’s current efforts at integrating mental- cybersecurity in the United States Technology and the Secretary of Homeland physical health care concurrently to in- through enhanced sharing of informa- Security, shall convene health care industry crease system capacity. All veterans deserve access to mental tion about cybersecurity threats, and stakeholders, cybersecurity experts, and any health care when they need it and wherever for other purposes; as follows: Federal agencies or entities the Secretary they may live. As such, we are particularly On page 11, line 3, strike ‘‘period’’ and in- determines appropriate to establish a task grateful for special consideration in this leg- sert ‘‘periodic’’. force to— islation for female veterans and those living On page 11, line 10, strike ‘‘532’’ and insert (A) analyze how industries, other than the in rural or underserved areas. ‘‘632’’. health care industry, have implemented On page 20, line 21, strike ‘‘measures’’ and I greatly appreciate your leadership and strategies and safeguards for addressing cy- look forward to the passage of this timely insert ‘‘measure’’. bersecurity threats within their respective legislation. On page 56, line 8, strike ‘‘and’’ and all that Sincerely, follows through ‘‘(7)’’ on line 9 and insert the industries; (B) analyze challenges and barriers private NORBERT RYAN, Jr., following: President. (7) the term ‘‘national security system’’ entities (notwithstanding section 102(15)(B), has the meaning given the term in section excluding any State, tribal, or local govern- AMERICAN PUBLIC HEALTH ASSOCIATION, 11103 of title 40, United States Code; and ment) in the health care industry face secur- October 23, 2015. (8) ing themselves against cyber attacks; Hon. RICHARD BLUMENTHAL, On page 57, line 8, strike ‘‘and’’. (C) review challenges that covered entities On page 57, line 11, strike the period at the Ranking Member, Senate Committee on Vet- and business associates face in securing end and insert ‘‘; and’’. erans’ Affairs, Washington, DC. On page 57, between lines 11 and 12, insert networked medical devices and other soft- DEAR RANKING MEMBER BLUMENTHAL: On the following: ware or systems that connect to an elec- behalf of the American Public Health Asso- tronic health record; ciation, a diverse community of public ‘‘(4) the term ‘national security system’ (D) provide the Secretary with information health professionals who champion the has the meaning given the term in section health of all people and communities, I write 11103 of title 40, United States Code. to disseminate to health care industry stake- in support of the Veteran Partners’ Efforts On page 64, lines 14 and 15, strike ‘‘Not- holders for purposes of improving their pre- to Enhance Reintegration Act, which would withstanding section 202, in this subsection’’ paredness for, and response to, cybersecurity require the inclusion of peer support special- and insert ‘‘In this subsection only’’. threats affecting the health care industry; ists in Patient Aligned Care Teams within On page 69, line 13, strike ‘‘all taken’’ and (E) establish a plan for creating a single medical centers at the Department of Vet- insert ‘‘taken all’’. On page 76, line 22, insert ‘‘and the Direc- system for the Federal Government to share erans Affairs. information on actionable intelligence re- Rates of mental illness are disproportion- tor of the Office of Management and Budget’’ after ‘‘Intelligence’’. garding cybersecurity threats to the health ately high among U.S. veterans, particularly care industry in near real time, requiring no posttraumatic stress disorder, substance On page 77, lines 12 and 13, strike ‘‘, as de- abuse disorders, depression, anxiety and fined in section 11103 of title 40, United fee to the recipients of such information, in- military sexual trauma. Nearly 50 percent of States Code’’. cluding which Federal agency or other entity On page 77, line 14, insert ‘‘and the Direc- combat veterans from Iraq report that they may be best suited to be the central conduit have suffered from PTSD, and close to 40 per- tor of the Office of Management and Budget’’ to facilitate the sharing of such information; cent of these same veterans report problem after ‘‘Intelligence’’. and On page 78, between lines 2 and 3, insert alcohol use. In 2010, about 22 veterans died (F) report to Congress on the findings and the following: each day as a result of suicide. Military cul- (d) RULE OF CONSTRUCTION.—Nothing in recommendations of the task force regarding ture promotes inner strength, self-reliance this section shall be construed to designate carrying out subparagraphs (A) through (E). and the ability to shake off injury, which an information system as a national security (2) TERMINATION.—The task force estab- may contribute to stigma surrounding men- system. lished under this subsection shall terminate tal health issues. Stigma may create a reluc- On page 78, line 18, strike ‘‘owned’’ and in- on the date that is 1 year after the date of tance to seek help and a fear of negative so- sert ‘‘used’’. enactment of this Act. cial consequences, and is the most often Beginning on page 80, line 25, strike ‘‘use’’ cited reason for why people to do not seek (3) DISSEMINATION.—Not later than 60 days and all that follows through ‘‘other’’ on page after the termination of the task force estab- counseling or other mental health services. 81, line 6, and insert ‘‘intrusion detection and Through a peer support model of care, Peer lished under this subsection, the Secretary prevention capabilities under section Specialists—veterans who have recovered or shall disseminate the information described are recovering from a mental health condi- 230(b)(1) of the Homeland Security Act of 2002 for the purpose of ensuring the security in paragraph (1)(D) to health care industry tion—provide veterans with assistance in ac- stakeholders in accordance with such para- cessing mental health services, navigating of’’. On page 84, line 25, strike ‘‘Act’’ and insert graph. the health care system and skills needed for ‘‘Act of 2015’’. (4) RULE OF CONSTRUCTION.—Nothing in this a successful recovery. Expanding the peer On page 85, between lines 11 and 12, insert subsection shall be construed to limit the support model to the primary care setting the following: may offer a key entry point for those reluc- antitrust exemption under section 104(e) or (D) the Committee on Commerce, Science, tant to access mental health services. The the protection from liability under section and Transportation of the Senate; 106. bill would also direct the VA to take into On page 86, line 26, insert ‘‘the Director of consideration the needs of female veterans the National Institute of Standards and (e) CYBERSECURITY FRAMEWORK.— and locations that are underserved. (1) IN GENERAL.—The Secretary shall estab- Thank you for your commitment to the Technology and’’ after ‘‘coordination with’’. On page 88, line 8, strike ‘‘non-civilian’’ lish, through a collaborative process with health and wellbeing of U.S. veterans and to and insert ‘‘noncivilian’’. the Secretary of Homeland Security, health improving access to mental health services On page 89, line 23, insert ‘‘, the Director of within the VA. care industry stakeholders, the National In- the National Institute of Standards and stitute of Standards and Technology, and Sincerely, Technology,’’ after ‘‘Director’’. GEORGES C. BENJAMIN, MD, any Federal agency or entity the Secretary On page 91, line 11, strike ‘‘203 and 204’’ and determines appropriate, a single, voluntary, Executive Director. insert ‘‘303 and 304’’. f On page 91, line 21, insert ‘‘, in consulta- national health-specific cybersecurity frame- work that— AMENDMENTS SUBMITTED AND tion with the Director of the National Insti- tute of Standards and Technology,’’ after (A) establishes a common set of voluntary, PROPOSED ‘‘Security’’. consensus-based, and industry-led standards, SA 2749. Mr. BURR (for himself and Mrs. On page 92, line 9, insert ‘‘, in consultation security practices, guidelines, methodolo- FEINSTEIN) proposed an amendment to with the Director of the National Institute gies, procedures, and processes that serve as

VerDate Sep 11 2014 02:27 Mar 16, 2016 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD15\OCT 2015\S27OC5.REC S27OC5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7550 CONGRESSIONAL RECORD — SENATE October 27, 2015 a resource for cost-effectively reducing cy- all that follows through ‘‘therefrom.’’ and in- mittee on Foreign Relations be author- bersecurity risks for a range of health care serting ‘‘title if the offense involves an ac- ized to meet during the session of the organizations; cess device issued, owned, managed, or con- Senate on October 27, 2015, at 10 a.m. (B) supports voluntary adoption and imple- trolled by a financial institution, account The PRESIDING OFFICER. Without mentation efforts to improve safeguards to issuer, credit card system member, or other address cybersecurity threats; entity organized under the laws of the objection, it is so ordered. (C) is consistent with the security and pri- United States, or any State, the District of SELECT COMMITTEE ON INTELLIGENCE vacy regulations promulgated under section Columbia, or other Territory of the United Mr. BLUNT. Mr. President, I ask 264(c) of the Health Insurance Portability States.’’. unanimous consent that the Select and Accountability Act of 1996 (42 U.S.C. f Committee on Intelligence be author- 1320d–2 note) and with the Health Informa- tion Technology for Economic and Clinical AUTHORITY FOR COMMITTEES TO ized to meet during the session of the Health Act (title XIII of division A, and title MEET Senate on October 27, 2015, at 2 p.m. IV of division B, of Public Law 111–5), and The PRESIDING OFFICER. Without COMMITTEE ON ARMED SERVICES the amendments made by such Act; and objection, it is so ordered. (D) is updated on a regular basis and appli- Mr. BLUNT. Mr. President, I ask cable to the range of health care organiza- unanimous consent that the Com- f tions described in subparagraph (A). mittee on Armed Services be author- (2) LIMITATION.—Nothing in this subsection ized to meet during the session of the PRIVILEGES OF THE FLOOR shall be interpreted as granting the Sec- Senate on October 27, 2015, 9 a.m. retary authority to— Mr. REED. Mr. President, I ask unan- The PRESIDING OFFICER. Without imous consent that Jeremy Kuester, a (A) provide for audits to ensure that health objection, it is so ordered. care organizations are in compliance with fellow in my office, be granted privi- the voluntary framework under this sub- COMMITTEE ON COMMERCE, SCIENCE, AND leges of the floor for the remainder of section; or TRANSPORTATION the session. (B) mandate, direct, or condition the award Mr. BLUNT. Mr. President, I ask The PRESIDING OFFICER. Without of any Federal grant, contract, or purchase unanimous consent that the Com- objection, it is so ordered. on compliance with such voluntary frame- mittee on Commerce, Science, and work. Transportation be authorized to meet f (3) NO LIABILITY FOR NONPARTICIPATION.— during the session of the Senate on Oc- Nothing in this title shall be construed to tober 27, 2015, at 4 p.m., in room S–207 ORDERS FOR WEDNESDAY, subject a health care organization to liabil- ity for choosing not to engage in the vol- of the Capitol. OCTOBER 28, 2015 untary activities authorized under this sub- The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I section. objection, it is so ordered. ask unanimous consent that when the On page 107, line 10, strike ‘‘shall each’’ COMMITTEE ON ENERGY AND NATURAL Senate completes its business today, it and insert ‘‘shall’’. RESOURCES On page 107, lines 11 and 12, strike ‘‘each adjourn until 10 a.m. on Wednesday, Comptroller General of the United States Mr. BLUNT. Mr. President, I ask October 28; that following the prayer and’’. unanimous consent that the Com- and pledge, the morning hour be On page 110, strikes lines 6 through 16. mittee on Energy and Natural Re- deemed expired, the Journal of pro- On page 111, lines 8 and 9, strike ‘‘under sources be authorized to meet during ceedings be approved to date, and the subsection (b)’’ and insert ‘‘pursuant to sec- the session of the Senate on October 27, time for the two leaders be reserved for tion 9(a) of Executive Order 13636 of Feb- 2015, at 9 a.m., in room SD–366 of the ruary 12, 2013 (78 Fed. Reg. 11742), relating to their use later in the day; that fol- identification of critical infrastructure Dirksen Senate Office Building. lowing leader remarks, the Senate be where a cybersecurity incident could reason- The PRESIDING OFFICER. Without in a period of morning business until 12 ably result in catastrophic regional or na- objection, it is so ordered. noon, with Senators permitted to tional effects on public health or safety, eco- COMMITTEE ON FINANCE speak therein for up to 10 minutes nomic security, or national security’’. Mr. BLUNT. Mr. President, I ask On page 111, strike lines 22 through 24 and each. insert the following: unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Finance be authorized to Resources of the Senate; objection, it is so ordered. (F) the Committee on Energy and Com- meet during the session of the Senate merce of the House of Representatives; and on October 27, 2015, at 9 a.m., in room f (G) the Committee on Commerce, Science, SD–215 of the Dirksen Senate Office and Transportation of the Senate. Building, to conduct a hearing entitled ADJOURNMENT UNTIL 10 A.M. On page 112, line 3, add a period at the end. ‘‘The ’s Re- TOMORROW On page 112, strike lines 4 through 10. sponse to Committee Recommenda- On page 113, line 14, strike ‘‘intrusion’’. Mr. MCCONNELL. Mr. President, if Beginning on page 114, strike line 7 and all tions Contained in its August 5, 2015 there is no further business to come be- that follows through page 115, line 9. Report.’’ fore the Senate, I ask unanimous con- On page 115, after line 9, add the following: The PRESIDING OFFICER. Without sent that it stand adjourned under the SEC. 408. STOPPING THE FRAUDULENT SALE OF objection, it is so ordered. previous order. FINANCIAL INFORMATION OF PEO- PLE OF THE UNITED STATES. COMMITTEE ON FOREIGN RELATIONS There being no objection, the Senate, Section 1029(h) of title 18, United States Mr. BLUNT. Mr. President, I ask at 6:23 p.m., adjourned until Wednes- Code, is amended by striking ‘‘title if—’’ and unanimous consent that the Com- day, October 28, 2015, at 10 a.m.

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RESEARCH EXCELLENCE AND AD- day, his students are challenged in new ways the labor movement and their outstanding VANCEMENTS FOR DYSLEXIA to approach unfamiliar problems and create dedication to their fellow union members. The ACT solutions based on scientific processes. Union Label Award will be presented to Jeff Whether it is titration, qualitative analysis, Manes, a freelance reporter and member of SPEECH OF spectrophotometry, or chromatography, he National Writers Union 1981 and United Auto HON. DONNA F. EDWARDS finds a way to make each laboratory experi- Workers, for his unselfish devotion to the labor ment challenging and captivating. movement through its promotion in all areas: OF MARYLAND Away from the classroom, Mr. Guardino social, civic, educational, and political. IN THE HOUSE OF REPRESENTATIVES demonstrates his passion for SCUBA by act- The National Association of Letter Carriers Monday, October 26, 2015 ing as a volunteer diver at the Monterey Bay will be honored with the Community Services Ms. EDWARDS. Mr. Speaker, I wish to join Aquarium for over 30 years, teaching the ecol- Award for its exemplary service to the commu- my colleagues in support of H.R. 3033, the ogy and chemistry of kelp forests from inside nity and to the enhancement of the quality of Research Excellence and Advancements for the aquarium’s massive tanks. Granting his life for the people of Northwest Indiana. Eliza- Dyslexia—or READ—Act. students an incredible opportunity, he ar- beth ‘‘Betty’’ Quinn, American Federation of The READ Act directs the NSF to devote ranged a tour of Ed Ricketts’ lab, part of the Teachers Indiana, will be honored with the funding to support dyslexia research, and to inspiration for ‘‘Cannery Row’’. This allowed Lifetime Achievement Award for her many look at that research with an eye to its prac- them to hear rich first-hand experiences of years of labor activism and her commitment to tical application. This will include early identi- Steinbeck and ‘‘Doc’’ recounted by the 96- her community. For the exceptional service fication and intervention for children with dys- year-old Frank Wright. she has provided to the people of Northwest lexia, guidance and professional development Mr. Guardino cares deeply for each of his Indiana, she is worthy of our admiration and for teachers on working with students with students, giving his best efforts to teach and respect. Dave Danko, President, United Steel dyslexia, and the development of educational expecting their best efforts to learn. Giving un- Workers 7–1 (BP Refinery), is this year’s re- tools and curricula which aid those with dys- told hours of his personal time, Mr. Guardino cipient of the President’s Award. Mr. Danko is lexia. personally helped Ethan Miller—a student being honored for enhancing the well-being of Mr. Speaker, dyslexia is the most common bedridden for months due to a severe ill- workers throughout Northwest Indiana through learning disability in America, with an esti- ness—learn the massive amounts of chemistry countless contributions to further the philos- mated 1 in 6 individuals potentially suffering covered during his absence from school. Com- ophy of the labor movement. from some form of dyslexia. Unfortunately, ing to school over the weekends and even on Harold Sitz, Ironworkers Local 1, Randy many people go undiagnosed, or are diag- Thanksgiving, he ensured that Ethan under- Palmateer, Business Manager, Northwest Indi- nosed but do not have access to the re- stood the material. His tireless work paid off: ana Building and Construction Trades Council, sources or alternative learning methods that Ethan completed AP Chemistry with an A both and Dan Murchek, President, Northwest Indi- could help them. I remember how much effort semesters and scored highly on the AP exam, ana Federation of Labor AFL–CIO, and Presi- it took just to get the school system to recog- earning college credit. dent, Lake County Police Association Local nize that my son should get tested for dys- Mr. Speaker, I’m sure the House joins me in 72, Lake County Federation of Police Local lexia, not to mention getting him the interven- thanking Mr. Guardino for his dedication to his 12, will be presented with the George Meany tions and tools that he needed in order to be profession and to his students. Award for their significant contributions to the a successful student. f youth of their communities through their in- We need to encourage the scientific re- volvement with the Boy Scouts of America. search around dyslexia, especially as it relates 40TH ANNUAL LABOR AND Northwest Indiana has a rich history of ex- to early identification and early intervention. COMMUNITY AWARDS RECEPTION cellence in its craftsmanship and loyalty by its I encourage all of my fellow Members of tradesmen. These honorees are all out- Congress to support this bill. HON. PETER J. VISCLOSKY standing examples of these qualities. They f OF INDIANA have demonstrated their loyalty to their unions IN THE HOUSE OF REPRESENTATIVES and the Northwest Indiana community through IN HONOR OF MICHAEL GUARDINO their hard work and tireless service. Tuesday, October 27, 2015 Mr. Speaker, I ask that you and my distin- HON. SAM FARR Mr. VISCLOSKY. Mr. Speaker, it is my dis- guished colleagues join me in congratulating OF CALIFORNIA tinct honor to congratulate several of North- these dedicated, honorable, and exemplary IN THE HOUSE OF REPRESENTATIVES west Indiana’s finest citizens. The Northwest citizens, as well as all of the hardworking Indiana Federation of Labor American Federa- union men and women throughout America. Tuesday, October 27, 2015 tion of Labor–Congress of Industrial Organiza- They have shown commitment and courage Mr. FARR. Mr. Speaker, I rise today to tions (AFL–CIO) will be recognizing several in- toward their pursuits, and I am proud to rep- honor Mr. Michael Guardino, head of Carmel dividuals and organizations for their dedication resent them in Washington, D.C. High School’s science department, Carmel-by- and service during the 40th Annual Labor and f the-Sea, CA. One would be hard-pressed to Community Awards Reception, which will be find a teacher more devoted to the art of edu- held at Wicker Park in Highland, Indiana, on HONORING THE MEMORY OF LT. cation than Mr. Guardino. Wednesday, October 28, 2015. These individ- GEORGE WHITMORE A lifetime lover of knowledge, Mr. Guardino uals, in addition to all Northwest Indiana Fed- believes that every student deserves an eration of Labor members who have served HON. SCOTT DesJARLAIS uncompromised understanding of the funda- Northwest Indiana so diligently for such a long OF TENNESSEE mental sciences, creating a classroom atmos- period of time, are the epitome of the ideal IN THE HOUSE OF REPRESENTATIVES phere known both for its incredible rigor and American worker: loyal, dedicated, and hard- rewards. Each morning, he arrives before the working. Tuesday, October 27, 2015 crack of dawn, preparing fascinating demos At this year’s event, several individuals and Mr. DESJARLAIS. Mr. Speaker, I rise today and labs to truly engage his students. Nobody organizations will receive special recognition. to honor the memory of a courageous Amer- can escape his notoriously difficult AP Chem- John T. Coli, International Brotherhood of ican and a proud son of Tennessee, Lt. istry course without a firm comprehension and Teamsters Joint Council 25, and Harvey Jack- George Whitmore. appreciation for the chemical world, even if he son, International Brotherhood of Teamsters George Whitmore, of Shelbyville, Ten- has to blow stuff up—in the name of Local 142, are the recipients of the Service to nessee, enlisted in the Army on September science—to get his students’ attention. Every Labor Award for their many years of service to 10, 1935 when he was sixteen years old, two

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

VerDate Sep 11 2014 04:42 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A27OC8.001 E27OCPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1542 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2015 years before he was eligible under Army en- all of those important jobs that help lift ties. They should be the ones that are under listment rules. On May 6, 1937, Whitmore was America are also being undercut by the un- investigation and brought to account. The promoted to Corporal and later to Sergeant. certainty created here in the Congress. investigations out there so far have showed Now, I am very happy this is being done in that the videos are selectively edited, they For the next few years he served in the Na- an open setting today, because it really lays repeatedly omit exculpatory statements tional Guard and until February 24, 1941, bare the priorities of the two parties here in about compliance with the law. We simply when he was called up to Active Federal Serv- Congress. The Democratic priority is to ad- cannot allow Republicans in Congress to use ice. dress the budget uncertainty, come together, these falsified videos to continue their ex- After completing Officer Candidacy School work out a plan to move forward and avoid tremist agenda against women and deny in Ft. Benning, GA, Whitmore was commis- the government shutdown. The Republican women access to comprehensive healthcare. sioned as a 2nd Lieutenant and entered the priority, however, is to continue to attack You know, this is the House of Representa- Army Ranger Combat Training program. After women’s health care and intimidate Planned tives, and the population of the United Parenthood nonprofit clinics and the women States of America is a little more female, completing Ranger Training, Lt. Whitmore took that go there for their health services. This about 50—a little over 50 percent. But here in part in the invasion of Normandy, where he witch hunt continues, and it is not serving the Congress, you all know what the percent- bravely fought on Utah Beach. the interests of our great country. It is be- age is. It is under 20 percent female. Well, it He served on the front lines of Europe neath the dignity of this Congress, because certainly shows. I will urge my colleagues to bravely defending his country, leading pla- what is going to happen when we come back defeat this attempt, again, to paint another toons of soldiers throughout the Normandy after next week? There is a new Benghazi- chapter in the radical agenda against wom- and Rhineland campaigns. On July 15, 1944, like select committee to continue this witch en’s health. . . . I hope you have read the Lt. Whitmore was wounded in combat by an hunt. legislation that will be considered today, be- I mean, this is really an all-time low. cause what it will do is eliminate access to enemy artillery shell in northern France while There has been an attack on women’s health contraceptives and family planning. If my pressing an attack against the German front. now for decades, but now the all-time low is Republican colleagues truly believe that During his 18 years of service to our country what happened this summer with these man- there should be family planning services, and Lt. Whitmore received several service honors, ufactured YouTube videos now becoming the contraceptives allowed to women and fami- including the Purple Heart Medal, the Combat basis of public policy in America while all lies across America, they should vote no on Infantryman Badge and two Bronze Service the investigations done here in the Congress this radical idea, and this idea of reconcili- Stars, among many others. and in States across the country have dem- ation today. I will yield back the balance of In August of 2008, Lt. Whitmore returned to onstrated no wrongdoing whatsoever. So we my time.’’ are going to waste taxpayer funds and impor- Again, if I was present for the vote today Tennessee to make his home in Normandy, tant time on this witch hunt? I think it is on H.R. 3762, I would have voted no. TN, where he resided with his wife of 74 very unfortunate. f years, and his youngest daughter and son-in- You know, the approval ratings of Con- law until his passing on October 9, 2015, at gress are at an all-time low, and I have to THE GLOBAL CRISIS OF the age of 96. say, this demonstrates why that is, because RELIGIOUS FREEDOM To the family of Lt. Whitmore, we are sin- it is Congress and the governing—so called cerely grateful for his service. George truly ex- governing party, is not focused on the prior- HON. CHRISTOPHER H. SMITH emplified the spirit of ‘‘the Greatest Genera- ities for our great country, instead, focused on intimidating women and trusted clinics OF NEW JERSEY tion.’’ across the country. I urge a no vote on this IN THE HOUSE OF REPRESENTATIVES f and the reconciliation package. Thank you.’’ Tuesday, October 27, 2015 H.R. 3762, GOP RECONCILIATION ENERGY & COMMERCE COMMITTEE Mr. SMITH of New Jersey. Mr. Speaker, the ACT ‘‘Well, thank you, Mr. Chairman, and I world is experiencing a crisis of international have to say, the Republican majority has religious freedom that poses a direct challenge really taken us back in a time warp today. It HON. KATHY CASTOR feels like we are probably back in the 1950s. to U.S. interests in the Middle East, Central OF FLORIDA The first half of the hearing was on energy and East Asia, Russia, China, and sub-Saha- ran Africa. In large parts of the world, this fun- IN THE HOUSE OF REPRESENTATIVES policy, was very anti-science. It was prac- tically the world is flat. They refused to ad- damental freedom is constantly and brutally Tuesday, October 27, 2015 dress the changing climate, and the chal- under siege. The worldwide erosion of respect Ms. CASTOR of Florida. Mr. Speaker, on lenges that poses for our country and our for this fundamental freedom is the cause of communities, refused to modernize Amer- October 23, 2015, I was unable to be here to widespread human suffering, grave injustices, ica’s energy policy by unleashing innovation refugee flows, and significant threats to peace vote on H.R. 3762 ( 568), the GOP to benefit consumers and businesses all Reconciliation Act. Had I been present, I across America. But now the GOP majority and stability. would have voted no on H.R. 3762. I have wants to restrict contraceptives, and family This Congress has heard the cries of Iraqi voted against this bill twice, once in the En- planning services. This is decades old in—and and Syrian Christians who face the threat of ergy & Commerce Committee and again in the it is another unconscionable attack on wom- extinction, slavery, and death. We have heard Budget Committee. I was unable to make the en’s health and Planned Parenthood. about the plight of Rohingya Muslims, who vote because I was back in my district to at- And I wanted to pose a question, which is face attacks and such unimaginable discrimi- doing more today in America to reduce the tend a meeting with Secretary of Education nation from hard-line Buddhist groups that number of unplanned pregnancies. Certainly many chose slavery elsewhere than life in Arne Duncan, parents, students and teachers not the Republicans in Congress, who con- to work directly on a huge challenge of im- tinue to vote to block access to contracep- Burma. We have heard about the persecution proving schools in that community that are fail- tives, and family planning, as they are .... faced by Chinese Christians, Tibetan Bud- ing our children. . . . No, it is Planned Parenthood that is dhists, Uyghur Muslims, and Falun Gong at Below are the statements I made during the doing more to reduce the number of un- the hands of a Communist Party suspicious of Energy & Commerce Committee and Budget planned pregnancies in America. organized religion. And, many of us on this Committee markups of H.R. 3762. Now, although the GOP attacks on wom- subcommittee have seen firsthand the reli- en’s health have gone on for years here in BUDGET COMMITTEE gious dividing lines in sub-Saharan Africa that the Congress, we recently hit a new low this are the cause of so much death and destruc- ‘‘This is creating great economic uncer- summer, when a shady group, that is actu- tainty. Back home, I represent a district ally under criminal investigation, helped tion. with an Air Force base that is home to U.S. launch a broad-based smear campaign In a world where some people are willing to Central Command and Special Operations against Planned Parenthood. To date, all of kill those whose beliefs differ from theirs, Command. They are beside themselves about the investigations that have been launched where anti-Semitism persists even in the most the inability of the Congress to move for- have turned up there is no evidence to sub- tolerant of places, and where authoritarian ward with a reasonable budget plan. It is stantiate the allegations that Planned Par- governments view strong religious faith as a now complicating the military missions of enthood, or any of its affiliates, violated the potential threat to their legitimacy, it is more our country. They don’t want another CR. law, including an investigation by this very important than ever that the U.S. engage in That is a dead end. They don’t want an OCO Committee. gimmick that doesn’t serve our country well. Actually, what the evidence has turned up robust religious freedom diplomacy. One that They want those monies in the base defense so far is that Mr. Dunliden, and his organiza- uses all the tools available is the landmark budget, and have spoken out loudly. tion that doctored the YouTube videos, mis- International Religious Freedom Act of 1998. And then on the domestic side our medical represented itself to gain access to medical The stakes are too high and the suffering researchers, transportation, infrastructure, conferences and Planned Parenthood facili- too great to downplay religious freedom as a

VerDate Sep 11 2014 04:42 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K27OC8.003 E27OCPT1 smartinez on DSK4TPTVN1PROD with REMARKS October 27, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1543 priority of U.S. foreign policy. But unfortu- HONORING THE LIFE OF JOHN M. More importantly, however, we must recog- nately, we often hear from religious groups FAMULARO nize the work that remains and those com- globally and from NGOs working on the issue mitted to doing it. Earlier this year, the Depart- that this Administration has sidelined the pro- HON. ANDY BARR ment of Education issued a national call for motion of religious freedom. OF KENTUCKY commitments to action for Hispanics in edu- This criticism does not discount the work IN THE HOUSE OF REPRESENTATIVES cation. The initiative aimed to encourage pri- done by our men and women at the State De- vate, public and nonprofit investments to cre- Tuesday, October 27, 2015 partment and the efforts of Ambassador ate and/or expand high quality educational Saperstein himself. They do important and Mr. BARR. Mr. Speaker, I rise to honor the services. The results were astounding; 150 substantive work, but it seems too often that life of a very special man, John M. Famularo Commitments to Action with a collective in- the issue is marginalized and isolated from of Lexington, Kentucky. Famularo spent most vestment of over $335 million. issues of national security or economic devel- of his life in the legal profession and over the Mr. Speaker, I rise today to highlight the opment—even though we know from aca- years earned a stellar reputation among his commitment of an organization in my district, demic research that countries with the highest fellow attorneys and all that knew him. the Mariachi Music Education Initiative, who levels of religious freedom experience more Famularo was raised in Mt. Olivet, Ken- has committed nearly $900,000 over three prosperity and less terrorism. tucky. He came from a family of legal minds, years for music education. Religious persecution has catastrophic con- with his father serving as county attorney, dis- It’s commitments like this, and those of the sequences for religious communities and for trict judge, and circuit judge and his brother other 149 organizations that will help our com- individual victims. But it also undermines the serving as U.S. Attorney. Famularo graduated munity prosper. Together, through the work national security of the United States. Without from Loyola University and the University of and contributions of public, private and non- religious freedom, aspiring democracies will Kentucky College of Law. Two years after profit organizations, we will continue working continue to face instability. Sustained eco- graduation from law school, he successfully to close the achievement gap, and ensure nomic growth will be more difficult to achieve. argued a boundary dispute case before the every child in America has the tools and op- Obstructions will remain to the advancement U.S. Supreme Court. He began serving as an portunity they need to succeed. of the rights of women and girls. And, perhaps assistant commonwealth attorney for Fayette f most urgent of all, religious terrorism will con- County in the 1970s. Much of his career was PERSONAL EXPLANATION tinue to be nourished and exported. spent as a partner with the Stites and The global religious freedom crisis will not Harbison law firm in Lexington, where his disappear anytime soon. According to the non- practice focused on product liability, class-ac- HON. MARK TAKAI partisan Pew Research Center, 75% of the tion defense, and medical malpractice de- OF HAWAII world’s populations live in countries where se- fense. He also served as Chief Judge of the IN THE HOUSE OF REPRESENTATIVES 22nd Judicial District in Fayette County. vere religious persecution occurs regularly. Tuesday, October 27, 2015 It has been almost 17 years since the pas- Famularo was well respected for his great Mr. TAKAI. Mr. Speaker, on Monday, Octo- sage of the International Religious Freedom legal mind. ber 26, 2015, I was absent from the House to Act of 1998. Religious freedom diplomacy has Mr. Famularo was special to me personally. attend to a personal health matter. Due to my developed under three administrations of both As a young lawyer, he was my first mentor. absence, I am not recorded on any legislative parties. Unfortunately, the grim global realities Many attorneys, including me, owe our suc- measures for the day. I would like to reflect demonstrate that our nation has had little ef- cess to the selfless interest he took in our pro- how I would have voted had I been present for fect on the rise of persecution and the decline fessional development. He was a great lawyer, legislative business. of religious freedom. a fierce advocate for his clients, a dedicated officer of the court, and the best litigator I Had I been present, I would have voted It is worth asking why. have ever seen. ‘‘yea’’ on Roll Call 569, providing for the con- It is worth asking not only what the State Mr. Famularo became a regent and state sideration of the bill (H.R. 597) to reauthorize Department is doing, but what can be done chairman of the American College of Trial the Export-Import Bank of the United States, better? Are new tools or new ideas needed to Lawyers, served on the board of governors of and for other purposes. help U.S. religious freedom diplomacy address the Kentucky Bar Association, and was in- f one of the great crises of the 21st century? ducted into the University of Kentucky College BOKO HARAM AND THE CHIBOK Does the International Religious Freedom Act of Law Hall of Fame. He passed away on Oc- SCHOOLGIRLS of 1998 need to be upgraded to reflect 21st tober 23, 2015. He is survived by his wife century realities? Karen, three children, and three grandchildren. That is why I introduced the Frank Wolf The legal community and all those associated HON. CHRISTOPHER H. SMITH International Religious Freedom Act of 2015 with John M. Famularo mourn his passing and OF NEW JERSEY (H.R. 1150). This legislation, named after the honor his legacy. IN THE HOUSE OF REPRESENTATIVES author of the original IRFA Act, my good friend f former Congressman Frank Wolf, would, Tuesday, October 27, 2015 among other things, strengthen the role of the 25TH ANNIVERSARY OF THE Mr. SMITH of New Jersey. Mr. Speaker, the Ambassador-at-Large for Religious Freedom WHITE HOUSE INITIATIVE ON world was shocked as 276 schoolgirls from and the IRF office at State and give more EDUCATIONAL EXCELLENCE FOR the northeastern Nigerian town of Chibok were tools to the Administration to address the cri- HISPANICS kidnapped by the Islamic militant group Boko sis we face. The bill is roundly endorsed and Haram. In the days following this event, we supported by a broad, diverse array of reli- HON. LINDA T. SA´ NCHEZ learned that the military had four hours’ warn- gious freedom, civil society and diaspora orga- OF CALIFORNIA ing of the attack, but failed to mobilize suffi- nizations. They acknowledge what too many IN THE HOUSE OF REPRESENTATIVES cient forces to fight off the attackers, who ar- policymakers and administrations, Republican rived at this predominantly Christian town in a and Democrat alike, have been unable to ap- Tuesday, October 27, 2015 convoy of vehicles. A military redeployment to preciate—America’s first freedom ought to be Ms. LINDA T. SA´ NCHEZ of California. Mr. find the girls two weeks later resulted in the infused, at every possible level, into our for- Speaker, this year marks the 25th Anniversary massacre of at least 300 residents of the town eign policy. of the White House Initiative on Educational of Gamboru Ngala. Upgrading and strengthening U.S. inter- Excellence for Hispanics. Since 1990, the ini- Since that time, the previous Nigerian Gov- national religious freedom policy—and further tiative has played a critical role in advocating ernment made many announcements about integrating it into U.S. foreign policy and na- for and advancing policies that have helped freeing the kidnapped girls, none of which tional security strategy—will send the clear our community grow. proved to be accurate. Hope had been raised message that the U.S. will fight for the inher- While our work is not done, as we conclude last October by a government announcement ent dignity of every human being and against Hispanic Heritage Month, it is important for us of a cease-fire and release of the girls only to the global problem of persecution, religious to celebrate our progress. Our nation’s high be dashed by increasing Boko Haram attacks extremism, and terrorism. In so doing, we can school graduation rate is the highest in history, and the continued captivity of the Chibok girls. advance the best of our values while pro- and the Latino dropout rate is half of what it In fact, Boko Haram kidnapped more girls in tecting vital national interests. was in 2000. northeastern Nigeria, especially Christian girls.

VerDate Sep 11 2014 04:42 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K27OC8.005 E27OCPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1544 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2015 President Muhamadu Buhari has said he in law, Greg Deck, who stewards the company HONORING THE SERVICE OF won’t make promises about freeing these cap- with the same principles that have made DAVID DOWNEY tives that he can’t guarantee, but I expect he Brownstown Electric a staple of Southern Indi- will make every effort to free the Chibok girls, ana. HON. ANDY BARR as well as the many others taken by Boko In addition to supplying electrical equipment OF KENTUCKY Haram. and providing expertise in the field, IN THE HOUSE OF REPRESENTATIVES Brownstown Electric is an active member of I have met previously with young women Tuesday, October 27, 2015 who have escaped from Boko Haram, in Jos the local community. They sponsor local high and Abuja, Nigeria, and here in the United school sports teams, participate in the Mr. BARR. Mr. Speaker, I rise to honor a States. They confirm the abuse of their sisters Brownstown High School school-to-work pro- special man, David Downey, of Bourbon and mourn their loss as we do. I want to thank gram, and contribute to the Jackson County County, Kentucky. Mr. Downey, a part of the Emmanuel Ogebe for all his help in arranging History Center of Indiana. Brownstown Electric Greatest Generation, answered the call to these meetings and the programs allowing also encourages their employees to get in- serve during World War II and had a long mili- some of these young women to come to the volved and volunteer in the community. This tary career. Today it is my honor to recognize United States for an education. An estimated heart for service is exemplified in their organi- him before the United States House of Rep- 10,000 other Nigerian youth are prevented zation of the Zach Pickard Pelican Run. The resentatives. from being educated because of disruptions community-wide event is a 5K run/walk event Mr. Downey was born in Bourbon County caused by Boko Haram. dedicated to raising money to find a cure for and graduated from Western High School. He My subcommittee has held several hearings Hutchinson-Gilford progeria syndrome. Em- was drafted into the in on Boko Haram and convinced the administra- ployees of Brownstown Electric organized the 1944 and began his career in boot camp at tion to declare Boko Haram a Foreign Terrorist fundraiser in honor of an employee’s son who Great Lakes, Illinois. He left the Navy after a Organization, which they announced at our lives with the genetic condition. year and a half of service, and quickly decided November 13, 2013, hearing. Brownstown Electric Supply Company is to return in 1946. He remained in the Navy I have since pressed the administration to emblematic of the Hoosier ethic. They are until 1968. Mr. Downey served on a transport use authorities under the FTO designation to family-owned and operated, deliver quality ship during World War II, Korea, and Vietnam. investigate and identify for the Nigerian Gov- products and service, and possess a strong He also served on destroyers and served as ernment those who support Boko Haram. I commitment to improving the lives in the com- a cook. During his service in Vietnam, he was also have worked to end the current road- munity. honored to meet Roger Staubach, a Naval blocks preventing U.S. counterterrorism train- It is an honor to represent a business like Academy graduate and Heisman trophy win- ing for Nigerian troops. Brownstown Electric. I hope their exemplary ner. During the past year, social media world- business ethic serves to inspire other would- Following his retirement from the Navy in wide has exploded with the ‘‘Bring Back Our be entrepreneurs, and I am pleased to high- 1968, he returned home to Kentucky. He Girls’’ campaign. I must compliment my col- light their good work today in this installment worked various jobs before taking a position league, Congresswoman , of Indiana’s 9th District Small Business Spot- as a bus driver for the Paris Independent who has maintained her efforts to free the light. School system. He spent the next twenty two Chibok girls and all the others kidnapped by f years driving schoolchildren in Bourbon Coun- ty. Boko Haram, while others have moved on to CONGRATULATING SHARON different issues. Mr. Downey is an active member of the CONATSER Seventh Street Christian Church where he I have worked with Congresswoman WILSON serves as a deacon and sings in the Chariots to update her House Resolution 147, which fo- HON. RODNEY DAVIS cuses on bringing to an end the violence un- of Fire choir. He loves to bowl and is an active OF ILLINOIS leashed by Boko Haram and bringing material member of a league. Downey and his late wife IN THE HOUSE OF REPRESENTATIVES aid to those harmed by their attacks. We also Nannette, were married for fifty three years. have joined in this legislation to press initia- Tuesday, October 27, 2015 He has two girls and a boy. The bravery of Mr. Downey and his fellow tives I mentioned earlier. I hope my sub- Mr. RODNEY DAVIS of Illinois. Mr. Speak- men and women of the United States Navy is committee and our committee can move this er, I rise today to congratulate Sharon heroic. Because of his courage and the cour- legislation to the floor soon to give a boost to Conatser on being elected national president age of individuals from all across Kentucky U.S. efforts to help Nigeria end the reign of of the American Legion Auxiliary earlier this and our great nation, our freedoms have been terror by Boko Haram. year. The American Legion Auxiliary is the na- preserved for our generation and for future f tion’s largest women’s patriotic service organi- zation, led by the national president who pro- generations. He is truly an outstanding Amer- RECOGNIZING BROWNSTOWN motes the organization’s mission advocating ican, a patriot, and a hero to us all. ELECTRIC SUPPLY COMPANY for veterans, educating citizens, mentoring f youth, and promoting patriotism, good citizen- RECOGNIZING JEFF HUNT HON. TODD C. YOUNG ship, peace, and security. OF INDIANA Mrs. Conatser grew up in Central Illinois HON. KEN BUCK and has been a lifetime member of the Amer- IN THE HOUSE OF REPRESENTATIVES OF COLORADO ican Legion family. She first became involved Tuesday, October 27, 2015 IN THE HOUSE OF REPRESENTATIVES through her father, a WWII and Korean War Mr. YOUNG of Indiana. Mr. Speaker, many veteran. Her husband also served as the na- Tuesday, October 27, 2015 Hoosier small businesses across my district tional commander of the American Legion, Mr. BUCK. Mr. Speaker, I rise today to rec- power the economic engine of the state, while making her the first national president who ognize Mr. Jeff Hunt on being selected to also playing a critical role in the civic life of was also a First Lady of the American Legion. serve as the new leader of Colorado Christian their communities. Today it is my honor to Mrs. Conatser is retired from the University University’s Centennial Institute. I commend highlight one such small business. of Illinois at Urbana–Champaign, where she his hard work and dedication to the commu- Brownstown Electric Supply Company, based worked for 25 years. She has held numerous nity. Mr. Hunt’s impressive career in public in Brownstown Indiana, is a privately owned leadership positions with the American Legion service has enriched the lives of so many. electrical supply company that has provided Auxiliary, and remains active in her church Mr. Hunt’s work in the public and private utility companies with technical expertise and and her community, serving as an inspiring sector, coupled with his principled values, has electrical supplies for over four decades. example of a dedicated public servant. I am proven to be invaluable. I am confident that Carl Shake founded Brownstown Electric proud of Mrs. Conatser’s accomplishments his great spiritual and intellectual strength will Supply Company in 1970 after a long career and it is an honor to represent her in the 13th make him an exceptional Director at the Cen- in the electrical supply and utility service in- District of Illinois. tennial Institute. dustry. Brownstown Electric has grown from a Mrs. Conatser will be a strong national lead- On behalf of the 4th Congressional District small business in Jackson County, Indiana to er for the American Legion Auxiliary and I of Colorado, I extend my best wishes as he a regional company that has expanded its wish her the best in serving our country’s vet- takes on this well-deserved position. It is truly reach as far as Illinois, Kentucky, and Ohio. erans, active duty military, their families, and an honor to celebrate his many accomplish- Brownstown Electric is now run by Carl’s son their communities. ments. Mr. Hunt’s dedication to public service

VerDate Sep 11 2014 04:42 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K27OC8.006 E27OCPT1 smartinez on DSK4TPTVN1PROD with REMARKS October 27, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1545 and the religious community represents the A former school teacher, Ruth was exten- fornia, Davis. On October 15, Larry passed essence of the Centennial Institute’s mission. sively involved in the curriculum development away at age 74. I was fortunate to call him my Mr. Speaker, it is an honor to recognize Mr. for the Scarsdale public school system before friend, and he will truly be missed. Jeff Hunt for his service. leaving the classroom in 1981 to join her hus- Chancellor Vanderhoef grew up from adver- f band, Fred Friendly, to work in media. Ruth sity and humble beginnings to be an incredible served as a researcher, editor, producer, and leader. He was raised in a small factory town RECOGNIZING MANN PLUMBING/ executive producer for many landmark PBS in Wisconsin, and became the first in his fam- MPI SOLAR series, and was an integral part of a team that ily to finish high school and one of the few in received countless awards, including several his small town to go to college. He received HON. TODD C. YOUNG for the series The Constitution: That Delicate his BA and MS in Biology from the University OF INDIANA Balance. of Wisconsin-Milwaukee, and he later pursued IN THE HOUSE OF REPRESENTATIVES Ruth also produced over 200 non-televised and received his Ph.D in Plant Biochemistry from Purdue University. Tuesday, October 27, 2015 programs for civic, legal, business, and edu- cational organizations, often moderated by The Chancellor was a true visionary and Mr. YOUNG of Indiana. Mr. Speaker, my Fred. For 16 years, she served as Vice Presi- academic diplomat, not just for the University home state of Indiana is a place where hard- dent and Senior Editorial Director at Fred of Davis but also for the wider Davis commu- work and innovation are rewarded. The spirit Friendly Seminars. nity. His extraordinary dedication is best de- of entrepreneurship and innovation is a long Yet, in spite of her busy schedule, Ruth al- scribed by the legacy he leaves behind. He held tradition of Indiana, and the work of Mann ways found time to help the community. For devoted more than a quarter-century of his life Plumbing is evidence that such tradition is the past eight years, she has been an active to UC Davis, first as Provost and Executive alive and well. Today I am honored to high- Board Member of Riverdale Neighborhood Vice Chancellor from 1984 to 1994, and then light their small business and recognize their House. Ruth has also served on the Riverdale as Chancellor for fifteen years after that—fi- good work. Senior Services Board, the Riverdale Mental nally retiring in 2009. He was an academic Mann Plumbing/MPI Solar is a full service Health Board, and the Fieldston Property servant who had a vision for UC Davis, and plumbing and solar energy equipment com- Owners Association. She has also been active today the campus is one of the top leading re- pany located in Bloomington, Indiana. The in the New York State court system, where search universities in the nation. business was started by David Mann and she currently serves as Commissioner of the Throughout his life, Chancellor Vanderhoef originally began as a full service plumbing New York State Commission on Judicial Nomi- was a tireless advocate for higher education company in 1992. During the 2008 economic nation, Court of Appeals, and as a panel whose passion and dedication transformed UC downturn the company embraced the situation member for the Disciplinary Committee of the Davis. Almost every aspect of the university as an opportunity to expand their business Appellate Division, New York Supreme Court. was impacted by his efforts to improve the and product offerings into a new market. To This year, Riverdale Neighborhood House is education system, including the university’s do so they began offering solar products to honoring Ruth at their 2015 Annual Benefit. I national rankings, student population, faculty, customers. Mann Plumbing/MPI Solar is now want to congratulate Ruth on this honor and and research initiatives and facilities. Under a regional leader in this industry. Their big risk thank her for her years of dedicated service to Chancellor Vanderhoef’s leadership, student turned into a success story. the community. enrollment grew from 22,000 to more than Mann Plumbing/MPI Solar provides their f 30,000, the faculty increased by 44%, class- services to countless Indiana businesses, in- room, lab, and office space expanded by 6 cluding: apartment houses, businesses, HONORING ROBERT T. GRAND million square feet, and the National Science schools, and the Monroe County Government Foundation ranked UC Davis in the top 10 in Building. HON. the nation for research funding among other Mann Plumbing/MPI Solar’s transition from OF INDIANA public universities. a traditional plumbing shop to a full service IN THE HOUSE OF REPRESENTATIVES He was a visionary leader who made great plumbing and solar company during difficult strides toward bettering not only the university, economic times serves as a model for other Tuesday, October 27, 2015 but also the community of Davis. He held a businesses. David Mann and his team revital- Mr. BUCSHON. Mr. Speaker, I rise today to strong passion for music and the arts, and ad- ized their business with new services and honor my good friend Robert T. Grand, who vocated for the construction of what is now the products that helped shepherd Mann Plumbing turns 60 this year. Shrem Museum of Art. His promise to build a through a difficult economic period, and al- A graduate of Wabash College and IU world-class performing arts center was real- lowed them to expand and thrive. McKinney School of law, Bob has committed ized in 2002 when doors opened to the Robert Today, Mann Plumbing/MPI Solar offers a his adult life to public service. and Margrit Mondavi Center for the Performing wide variety of products and services to their Bob has been a tremendous advocate for Arts, placing the university on the world stage. customers. Mann Plumbing/MPI Solar’s suc- Hoosiers through his work with former Indiana The performing arts center also serves as a cess is possible in part, because of highly- Gov. Bob Orr, Senator Dick Lugar, President beautiful new south entrance to the campus, trained and dedicated staff. Skilled, motivated Bush, Governor , and Senator DAN making it more accessible to the public. workers form the backbone of the Hoosier COATS and his efforts working for common- During his tenure as Chancellor, UC Davis workforce and remain the key to widespread, sense public policy, especially in areas of gov- was admitted into the Association of American economic prosperity. ernment regulation. Universities, a prestigious organization with I am proud to represent Mann Plumbing/MPI In fact, the 2016 edition of Best Lawyers in only 62 members in the United States and Solar and hope their willingness to take risk America, named Bob as ‘‘Lawyer of the Year’’ Canada. Chancellor Vanderhoef’s support of and ability to adapt serves to inspire others. I for his work in government relations practice the sciences and medical research was re- am pleased to highlight their good work today and municipal law. flected in his many initiatives on campus such in this installment of Indiana’s 9th Congres- Bob, congrats on six decades of success as the creation of the Robert Mondavi Institute sional District Small Business Spotlight. and here’s to many more years of health and for Wine and Food Science. He also trans- f happiness. formed the Sacramento County Hospital into f what is known today as the highly renowned HONORING RUTH FRIENDLY UC Davis Health System, providing patients HONORING CHANCELLOR LARRY with the highest of quality care. The health HON. ELIOT L. ENGEL NEIL VANDERHOEF system includes the UC Davis Medical Center, OF NEW YORK UC Davis School of Medicine, The Betty Irene IN THE HOUSE OF REPRESENTATIVES HON. JOHN GARAMENDI Moore School of Nursing, and the UC Davis Medical Group. Not only does the UC Davis Tuesday, October 27, 2015 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Health System conduct innovative research, Mr. ENGEL. Mr. Speaker, I rise today to but it stimulates Sacramento’s economy by Tuesday, October 27, 2015 honor a true leader in the Riverdale commu- creating more than 20,000 jobs and gener- nity, Ruth Friendly, who has been actively in- Mr. GARAMENDI. Mr. Speaker, I rise today ating $3.4 billion annually in economic output. volved in several different neighborhood orga- to recognize Larry Neil Vanderhoef, a long- In addition to the arts and sciences, Chan- nizations for many years. serving Chancellor at the University of Cali- cellor Vanderhoef was a firm believer in the

VerDate Sep 11 2014 04:42 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A27OC8.008 E27OCPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1546 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2015 power of academic diplomacy. While at UC throughout Yonkers, weaving families into a temperature of an e-cigarette can affect how Davis, he promoted study abroad programs strong community. On the 30th Anniversary of many harmful the chemicals are, but with no and the importance of international engage- its founding, the Center settled on ‘‘Por- configuration standards, it is too difficult to uni- ment in the Middle East. He believed that tuguese American Community Center, Inc.’’ formly assess the health effects of smoking e- being exposed to new cultures and new ways Early in the club’s existence, under the cigarettes. The Food and Drug Administration of thinking can foster dialogue and greater un- presidency of the Ambassador of Portugal, Dr. (FDA) issued a proposed rule in 2014 that derstanding. Currently, students are able to Joao Bianchi, a language school called would extend new regulatory authority to e- participate in numerous study abroad pro- ‘‘Escola Joao de Deus’’ was opened to help cigarettes by subjecting e-cigarettes to reg- grams such as the UC Davis Quarter Abroad the local children. istration and product listing requirements, re- or Summer Program, a Seminar Abroad Pro- After decades of success, in 2012 ‘‘Escola strictions on marketing products prior to FDA gram, or even hold an internship abroad. Joao de Deus’’ joined the ‘‘Instituto de review, and a prohibition on providing free Today, the Larry N. Vanderhoef Scholarship Cames,’’ an entity of the Portuguese Govern- samples like with traditional tobacco products. for Study Abroad, named for his legacy, con- ment, which oversees the teaching of Por- This year we celebrate 25 years since legis- tinues to make these unforgettable opportuni- tuguese abroad. To this day, the school plays lation was passed banning smoking on do- ties open to Davis students. a huge role in the Portuguese-American Com- mestic flights in the United States. In the Due to his many accomplishments in the munity Center’s role in the neighborhood. 1960s, the U.S. Surgeon General identified Davis community, Chancellor Vanderhoef was Faithful to its founding principles, the Center smoking as a cause of increased mortality and granted numerous awards for his dedication continues its independent streak of focus to- by 1986, the U.S. Surgeon General had and commitment to higher education. The wards the community rather than towards po- named secondhand smoke a serious health Chancellor was named Sacramentan of the litical organizations or religious sects. It also risk. The National Academy of Sciences, in its Year in 2004 by the Sacramento Metropolitan keeps the youth physically active by having a report ‘‘The Airliner Cabin Environment: Air Chamber of Commerce, and in 2006, he was soccer team department, ‘‘Portuguese Stars,’’ Quality and Safety,’’ recommended a ban on presented with the Northern California Inter- with over 65 children enrolled. smoking on all domestic commercial flights. national Leadership Award and was elected as On October 3rd, the Portuguese-American The Association of Flight Attendants can be an honorary member of the World Innovation Community Center will be hosting its 85th An- credited with urging the smoking ban due to Foundation. niversary Gala-Diamond Jubilee. I congratu- the negative health impacts flight attendants I am deeply honored to have known Chan- late them on the occasion and wish them an- suffered working in cramped, closed-off cellor Larry Neil Vanderhoef and to pay tribute other 85 years of great success in Yonkers. spaces when a third or more passengers to a great visionary who dedicated his life to f smoked in-flight. Congress used this informa- public service and to the people of Davis. INTRODUCTION OF BANNING THE tion to include an amendment authored by There is little doubt that Chancellor USE OF ELECTRONIC CIGA- then-Representative (D–IL) in the Vanderhoef’s presence was felt throughout the RETTES ON AIRPLANES ACT OF Federal Aviation Act that made domestic entire community. He left a remarkable legacy, 2015 flights of two hours or less smoke free. By which will not soon be forgotten. It is my sin- 1990, this smoking ban was extended to all cere hope that the students and faculty at UC domestic flights of six hours or less, and, in Davis will embody the Chancellor’s spirit and HON. ELEANOR HOLMES NORTON 2000, the Wendell H. Ford Aviation Investment continue to carry his legacy with them OF THE DISTRICT OF COLUMBIA and Reform Act made all flights to and from throughout their lives. It is leaders like Chan- IN THE HOUSE OF REPRESENTATIVES the United States smoke-free. All of this was cellor Vanderhoef who inspire change and Tuesday, October 27, 2015 done even in the face of the strong tobacco make the most impact on those around them. Ms. NORTON. Mr. Speaker, I rise to intro- industry’s opposition because of the undeni- f duce the Banning the Use of Electronic Ciga- able health impacts of cigarettes and cigarette PERSONAL EXPLANATION rettes on Airplanes Act of 2015. The bill pro- smoke. Many flyers do not remember a time hibits the use of electronic cigarettes and without ‘‘No Smoking’’ signs located through- HON. JERRY McNERNEY vaping devices on commercial airplanes by in- out a commercial airplane. cluding use of these devices within the defini- OF CALIFORNIA In 2011, the U.S. Department of Transpor- tion of smoking. Smoking tobacco products on IN THE HOUSE OF REPRESENTATIVES tation issued its NPRM to prohibit the use of commercial airplanes has been banned for e-cigarettes on U.S. airplanes. Under current Tuesday, October 27, 2015 years, but with the increase in use of elec- FAA policy, battery-powered electronic ciga- Mr. MCNERNEY. Mr. Speaker, I was nec- tronic cigarettes and vaping devices in their rettes, vaporizers, vape pens, atomizers, and essarily absent from the House on October place, it is necessary to update our laws to re- electronic nicotine systems are prohibited in 23, 2015. Had I been present, I would have flect this new nuisance and health risk on air- checked baggage, and the FAA recommends voted NO on H.R. 3762 (Roll Call 568). I planes. The Federal Aviation Administration that such devices only be carried in the air- would like the record to accurately reflect my (FAA) issued a Notice of Proposed Rule- craft cabins because of safety issues. It is up stance on this issue. making (NPRM) in 2011 ban the use of these to individual airlines to ban their use. Some f devices, but four years later, no progress has airlines have already taken the initiative to in- been made. Therefore, Congress should step stitute a ban on the use of electronic ciga- HONORING PORTUGUESE-AMER- in to legislatively resolve the issue. rettes, but legislation is necessary to make ICAN COMMUNITY CENTER 85TH Electronic cigarette use has increased over this update applicable to all airlines, and per- ANNIVERSARY the last decade with the increased education manent. of the general public about the dangers and HON. ELIOT L. ENGEL public health threats caused by traditional The current smoking ban applies to the cigarettes to smokers and nonsmokers alike. smoking of tobacco products on all scheduled OF NEW YORK passenger flights and on scheduled passenger IN THE HOUSE OF REPRESENTATIVES For example, between 2010 and 2011, e-ciga- rette use among adults doubled. Researchers flight segments on foreign air carriers in the Tuesday, October 27, 2015 and public health experts have voiced con- U.S. and between the U.S. and foreign coun- Mr. ENGEL. Mr. Speaker, the city of Yon- cerns over the use of electronic cigarettes be- tries, unless a waiver is granted based on bi- kers has been privileged for 85 years to be cause there are still so many unknowns about lateral negotiations. The Banning the Use of graced with strong community commitment the chemicals these devices can produce. The Electronic Cigarettes on Airplanes Act of 2015 from the Portuguese-American Community American Lung Association (ALA) has cited will amend the statutory definition of smoking Center. With gratitude, it is an honor to con- many concerns about the lack of regulation of located in 49 U.S.C. 41706 to include the use gratulate them on their anniversary. e-cigarettes because they are on the market of electronic cigarettes, defined as ‘‘a device The Center was inaugurated on October 5, while the potential harm from secondhand e- that delivers nicotine or other substances to a 1930 under the name ‘‘Clube Social cigarette emissions is unknown. ALA has iden- user of the device in the form of a vapor that Portugues.’’ Originally, the ‘‘Centro Social Por- tified two studies that show formaldehyde, ac- is inhaled to simulate the experience of smok- tuguese-American Citizens & Yonkers Por- etaldehyde, benzene, tobacco-specific ing.’’ tuguese American Club’’, the PACC dignified nitrosamines, and other harmful irritants com- I urge my colleagues to join me in sup- the lives of Portuguese immigrant families ing from e-cigarette emissions. In addition, the porting this bill.

VerDate Sep 11 2014 04:42 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A27OC8.012 E27OCPT1 smartinez on DSK4TPTVN1PROD with REMARKS October 27, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1547 PERSONAL EXPLANATION IN RECOGNITION OF OCTOBER AS Council represents 800 colleges and univer- DOMESTIC VIOLENCE AWARE- sities and is composed of 325,000 students NESS MONTH dedicated to achieving educational excellence HON. in diverse subject curriculum areas, in order to OF ARIZONA HON. WILLIAM R. KEATING achieve professional career goals. IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS In my district, the Iona College Honors Pro- gram attracts the most talented and motivated Tuesday, October 27, 2015 IN THE HOUSE OF REPRESENTATIVES students from all majors and disciplines. The Ms. SINEMA. Mr. Speaker, I would like to Tuesday, October 27, 2015 honors program challenges students to de- reflect that if I had been present I would have Mr. KEATING. Mr. Speaker, I rise today in velop their talents, stretch their capabilities, voted aye on roll call number 534, aye on roll recognition of October as Domestic Violence and prepare themselves for postgraduate call number 535, nay on roll call number 536, Awareness Month and to reaffirm our commit- study and professional careers. In order to aye on roll call number 537, nay on roll call ment to ending domestic violence in this coun- mentor and challenge Iona’s exceptional stu- number 538, aye on roll call number 539, aye try. dents, the honors program provides them indi- on roll call number 540, nay on roll call num- Established 24 years ago, Domestic Vio- vidual academic and career counseling, small ber 541, aye on roll call number 542, aye on lence Awareness Month exists to raise aware- class sizes, and advanced courses. Iona Col- roll call number 543, aye on roll call number ness across the country regarding the preva- lege honors students go on to achieve promi- 544, nay on roll call number 545, aye on roll lence of domestic violence and opportunities nence in a diverse range of professional fields call number 546, aye on roll call number 547, for victims. Americans of any gender, age, reli- including law, advertising, banking, education, aye on roll call number 548, and aye on roll gious group, neighborhood, income level, and and law enforcement. Grounded in an inter- call number 549. racial or ethnic background are at risk. disciplinary rigorous curriculum marked by an The statistics are simply staggering. Every accelerated course of study, students in the f minute, nearly 20 people in the United States Honors Program embody the mission of Iona are physically abused by an intimate partner— College, the Christian Brothers, and Catholic URGING CONGRESS TO SUPPORT amounting to more than 10 million women and higher education. FARM TO SCHOOL men in the United States a year. Horrifically, The National Collegiate Honors Program, one in three women will experience an inci- after decades of growth and experience, con- HON. JOHN GARAMENDI dent of domestic violence, while one in four tinually prepares our students for successful men have been victims of some form of phys- professional careers. I invite my colleagues to OF CALIFORNIA ical violence by an intimate partner within their join me in recognizing the program’s contribu- IN THE HOUSE OF REPRESENTATIVES lifetime. Daily, more than 20,000 calls are tions to our nation’s educational and profes- Tuesday, October 27, 2015 placed to domestic violence hotlines nation- sional communities for the last 50 years. wide. This epidemic has far-reaching con- f Mr. GARAMENDI. Mr. Speaker, I rise today sequences in our communities; domestic vio- to bring attention to a vital childhood nutrition lence is the third-leading cause of homeless- CELEBRATING THE 40TH ANNUAL program in desperate need of funding. In the ness among families, and over 10 million chil- MEETING OF THE AGING & IN- Healthy, Hunger-Free Kids Act of 2010, Con- dren are exposed every year. HOME SERVICES OF NORTHEAST gress established mandatory funding of $5 A key step in working toward ending domes- INDIANA, INC. million annually for a farm to school competi- tic violence in this country is to increase tive grant and technical assistance program. awareness, engagement, and education sur- HON. MARLIN A. STUTZMAN This program allows communities to provide rounding this issue. To this end, we are fortu- OF INDIANA local foods in schools. Programs like this nate to have the efforts of exemplary organi- IN THE HOUSE OF REPRESENTATIVES boost farm income while also fostering experi- zations, including South Shore Women’s Re- Tuesday, October 27, 2015 ential food education for our children. Farm to source Center, The Women’s Fund of South- school empowers children and their families to eastern Massachusetts, We Can, and Cape Mr. STUTZMAN. Mr. Speaker, I want to ac- make informed food choices while strength- Cod Center for Women, working to provide knowledge the 40th anniversary and celebrate ening the local economy and contributing to vi- stability, shelter, and safety for victims of do- the accomplishments of Aging & In-Home brant communities. The proven benefits such mestic violence throughout my district and the Services of Northeast Indiana, Inc. AIHS is a as food security, sustainable farming edu- Commonwealth. Similarly, Jane Doe Inc. pro- private, non-for-profit social service organiza- cation, as well as long-term healthy lifestyle motes a simple yet critical message: men are tion serving seniors and persons with disabil- choices have been invaluable to communities essential partners in the fight to end domestic ities of all ages since 1975. It is the Area III all over the United States. Unfortunately, de- violence and sexual assault against women. Agency on Aging as designated by the U.S. mand for the program is more than five times Jane Doe Inc.’s White Ribbon Campaign has Administration on Community Living and the higher than available funding, which is why I proven to be a positive way to send the mes- State of Indiana. As such, it is the primary re- urge Congress to support the Farm to School sage that violence against women is unac- source for older adults, persons with disabil- Act of 2015. ceptable. ities, and their caregivers, and a funding Mr. Speaker, I urge everyone to join me in source of services including support for the f continuing our efforts by recognizing October Councils on Aging in their nine-county service as Domestic Violence Awareness Month. area: Allen, Adams, DeKalb, Huntington, La- OUR UNCONSCIONABLE NATIONAL There is much work yet to be done, but, as Grange, Noble, Steuben, Wells, and Whitley. DEBT these tireless Massachusetts organizations The organization works tirelessly to have demonstrated, together, we can make a strengthen local and statewide systems for ad- HON. MIKE COFFMAN difference. vocacy and protection of older adults, and f other at-risk vulnerable populations. In 2014 OF COLORADO AIHS touched the lives of more than 57,000 IN THE HOUSE OF REPRESENTATIVES HONORING NATIONAL COLLEGIATE individuals through its continuum of programs Tuesday, October 27, 2015 HONORS COUNCIL 50TH ANNIVER- to support safe and independent living at SARY home. All services are provided regardless of Mr. COFFMAN. Mr. Speaker, on January race, age, color, religion, sex, disability, na- 20, 2009, the day President Obama took of- HON. ELIOT L. ENGEL tional origin or ancestry. fice, the national debt was OF NEW YORK In the past year, the agency has received $10,626,877,048,913.08. IN THE HOUSE OF REPRESENTATIVES national recognition for strategic leadership Today, it is $18,152,638,934,294.38. We’ve and initiatives in bridging the gap between tra- added $7,525,761,885,381.30 to our debt in 6 Tuesday, October 27, 2015 ditional Older Americans Act programs and years. This is over $7.5 trillion in debt our na- Mr. ENGEL. Mr. Speaker, I rise today to the new healthcare model of service provision tion, our economy, and our children could congratulate the National Collegiate Honors and payment sources, including: have avoided with a balanced budget amend- Council as they celebrate their 50th anniver- Administration on Community Living (ACL), ment. sary this year. The National Collegiate Honors U.S. Department of Health & Human Services,

VerDate Sep 11 2014 04:42 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A27OC8.016 E27OCPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1548 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2015 invitation to prestigious ‘‘thought leaders’’ of the American College of Dentists. He will be free nation, its people must be physically and roundtable. the first Asian American to lead this highly re- morally strong. Hartford Foundation invitation to multidisci- spected organization. I know his wife, Sue, American Sokol members represent a wide plinary ‘‘Change AGEnt’’ conference of geri- and their two sons are very proud of Dr. age range. Members range from preschool atric specialists from across the United States. Chan’s achievement. On behalf of his wonder- children to retired adults. This diversity allows Co-presenters with National Institute on ful family, I want to congratulate Dr. Chan on older members to pass on the benefit of their Health and ACL at National Association of this tremendous honor. wisdom and experience to the young people in Area Agencies on Aging conference on Re- f a personal way. In combining Czechoslovak cruiting Older Adults into Research. culture, the American heritage, and American Community-based Care Transitions Pro- CELEBRATING THE 150TH ANNI- Sokol ideals, this organization has contributed gram, funded by Centers for Medicare & Med- VERSARY OF THE AMERICAN greatly to the welfare of the United States. icaid Services, achieved milestone of assisting SOKOL ORGANIZATION Many American Sokol members have served 10,000 patients in reducing hospital readmis- their country with distinction, in World War I, sion in 11 hospitals across 32 counties. HON. JANICE D. SCHAKOWSKY World War II, the Korean War, and the Viet- National Committee for Quality Assurance OF ILLINOIS nam conflict, and beyond. (NCQA) ‘‘Standards for Long-Term Services IN THE HOUSE OF REPRESENTATIVES I am proud to join with American Sokol members in the 9th Congressional District of and Support and Medical Care’’ Learning Col- Tuesday, October 27, 2015 laborative, selected as 1 of only 10 organiza- Illinois, which I am honored to represent, and tions nationwide. Ms. SCHAKOWSKY. Mr. Speaker, I rise members of American Sokol Organization in Rosalynn Carter Institute on Caregiving Na- today to recognize the 150th Anniversary of the City of Chicago and all over the United tional Summit, invited to present showcasing the American Sokol Organization. As one of States, as they celebrate their 150 years of achievements of evidence-based chronic dis- the first organized gymnastics and fitness or- excellence, achievement, and contributions to ease telephonic support featuring staff, local ganizations in the United States, I would like the greatness of the United States. caregiver and their care recipient. to congratulate the American Sokol Organiza- f The organization’s 40th Annual Meeting and tion on this important milestone and applaud Awards Ceremony will be held on Wednesday, them for its continued efforts to provide fit- H.R. 597 ‘‘REAUTHORIZING OF EX- October 28, 2015, at the Parkview Mirro Cen- ness, educational, and cultural programs to PORT-IMPORT BANK OF THE ter in Fort Wayne, Indiana. Joan Lunden, a their communities. The American Sokol Orga- UNITED STATES’’ cancer survivor, journalist, television host, and nization will celebrate this anniversary on No- renowned caregiver will be the featured vember 14, 2015 at the Women’s Athletic Club HON. speaker. I ask that my colleagues join me of Chicago, and as a Co-Chair of the Czech OF TEXAS today in celebrating this organization’s service Caucus, I am pleased to see them mark such IN THE HOUSE OF REPRESENTATIVES to the most vulnerable of our citizens in north- an important date. Tuesday, October 27, 2015 The anniversary celebration taking place in east Indiana, and extend our best wishes for Ms. JACKSON LEE. Mr. Speaker, as a sen- Chicago will feature two important guests. I their future. ior member of the Homeland Security Com- want to take this opportunity to congratulate f mittee, I rise to speak on H.R. 597, which re- Petr Gandalovic, Ambassador of the Czech authorizes the Export-Import Bank for four IN RECOGNITION OF STEVEN D. Republic to the United States, and Kristyna CHAN, D.D.S. years. Pellouchoud Driehaus, KMD Foundation, It is unfortunate that it has taken this body American Friends of the Czech Republic and so long to get to this point and it was inexcus- HON. ERIC SWALWELL Chicago Czech Center for taking part in this able that the House Republican leadership al- OF CALIFORNIA magnificent celebration as Honorary Co- lowed the Ex-Im Bank authorization to expire IN THE HOUSE OF REPRESENTATIVES Chairs. on June 30, 2015 before. On March 19, 2015, I attended a wreath lay- Tuesday, October 27, 2015 That intransigence made it necessary for a ing ceremony marking the 25th Anniversary of bipartisan majority of this House to resort to a Mr. SWALWELL of California. Mr. Speaker, Vaclav Havel’s speech to a joint session of discharge petition as the vehicle to bring this I rise today to congratulate Dr. Steven D. Congress and dedicating his bust’s new and legislation to the floor. Chan on his upcoming installation as Presi- permanent location in Freedom Foyer. This Mr. Speaker, the Ex-Im Bank enables U.S. dent of the American College of Dentists. I am event was attended by leaders of Congress, companies, large and small, to turn export op- honored to recognize Dr. Chan’s distinguished and Czech Ambassador to the United States, portunities into real sales that help to maintain career and contributions to the City of Fre- Petr Gandalovic. and create U.S. jobs and contribute to a mont. The first American Sokol unit was founded stronger national economy. Dr. Chan is a third-generation Californian, by Czech and Slovak immigrants, Karel For more than 80 years the Ex-Im Bank has born and raised in Los Angeles. After receiv- Prochazka, Jaroslav Vostrovsky, and E.B. helped Texas businesses generate over $29 ing his undergraduate degree from UCLA, he Erben, in Saint Louis, Missouri in 1865. At that billion in exports, $4.3 billion of which origi- earned his dental degree from Georgetown time, large numbers of immigrants were flock- nated from businesses in the 18th Congres- University and completed his residency at ing to the United States and these founders sional District of Texas. Martin Luther King/Los Angeles County Hos- created community centers for their children to In May of this year I hosted Export-Import pital. Dr. Chan has had a practice in pediatric learn and engage in fitness activities—these Bank President Fred. P. Hochberg for a his- dentistry in Fremont for over 30 years. Dr. centers were the first American Sokols. toric tour of vital and thriving small businesses Chan’s professional honors include Fellow- During the first 50 years of the organization, in the 18th Congressional District. ships in the Academy of Dentistry Inter- many American Sokols were formed through- We toured Frenchy’s Sausage Manufac- national, American Academy of Pediatric Den- out the United States, and all of these units turing which is a company that currently serv- tists, and the International College of Dentists. were incorporated into the American Sokol Or- ices over 200 businesses. In addition to his professional accomplish- ganization on January 1, 1917. Today, well Frenchy’s Sausage recently completed an ments, Dr. Chan is also a dedicated leader in into its second century in service, American expansion of plant facilities to accommodate the City of Fremont. His leadership in the Sokol remains an organization dedicated to the tremendous growth the company has ex- community includes serving as Chair of the physical, mental, and cultural enrichment perienced. Ohlone Community College’s Oversight Com- of its members. American Sokol has been We also toured Tejas Tubular, a company mittee and as Commissioner of the City of shaping the lives of Olympians, diplomats, art- that built and opened their casing facility in Fremont Library Commission. He has been ists, athletes, and most importantly, the fami- 2005 to process larger diameter API casings honored as the Citizens for a Better Commu- lies in the communities in which we serve. and, which in 2011 opened the ERW tubing nity’s Citizen of the Year, the Asian Business Sokol is the Czechoslovak word for falcon, plant in Stephenville, Texas, and has proc- Alliance Business Owner of the Year, and the and it is an appropriate symbol since the fal- essed more than 14 million joints of tubing Asian Pacific Islander American Public Affairs con is a bird that has great love for freedom, and casing. Business Leader of the Year. as well as strength, courage and agility. The Mr. Speaker, when operating on a level Dr. Chan’s exceptional leadership will be Sokol philosophy strives for physical fitness for playing field, American exporters can compete well-matched for his new role as the President their members, believing that to maintain a against anyone.

VerDate Sep 11 2014 04:42 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A27OC8.021 E27OCPT1 smartinez on DSK4TPTVN1PROD with REMARKS October 27, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1549 The Ex-Im Bank partners with American ex- Center as part of the church’s 120th anniver- seas competitors because it no longer had ac- porters, such as Tejas Tubular and Frenchy’s sary has created a beautiful community facility cess to Ex-Im financing. Sausage Manufacturing in Houston, so they for thousands to enjoy. Mr. Speaker, at a time when foreign com- can close more deals abroad and support Reverend Weaver’s list of accomplishments petition is becoming more fierce than ever be- more middle class jobs here at home. also extend beyond Bethesda Baptist. He has fore, with nations like China using any means The Ex-Im Bank is an independent federal taught as an adjunct professor at New York necessary to win contracts in overseas mar- agency that supports and maintains U.S. jobs Theological Seminary in New York, served as kets, Congress must act immediately on this by filling gaps in private export financing at no President of the prestigious Baptist Ministers pressing matter. I call on all my colleagues to cost to American taxpayers. Conference of Greater New York, and was stand with working families and American The Ex-Im Bank provides a variety of fi- President of the New Rochelle branch of the businesses and join me by voting to reauthor- nancing mechanisms, including working capital NAACP. ize the Export-Import Bank. guarantees and export credit insurance, to But Reverend Weaver’s greatest joy has al- f promote the sale of U.S. goods and services ways been derived from his family. He married abroad, 90 percent of which directly serve the love of his life, Deacon Nettie J. Weaver, LT. COL. THOMAS PARR—SOLDIER, American small businesses. and together they have two sons, Allen and SURGEON, AND SCHOLAR ‘‘In fiscal year 2014, the Ex-Im Bank ap- Cyrus-Charles, a daughter-in-law, Ijnanya, and proved $20.5 billion in total authorizations. one grandson, Noble Xavier Weaver. HON. TED POE These authorizations supported an estimated This year, Bethesda Baptist is holding a OF TEXAS $27.5 billion in U.S. export sales, as well as commemorative luncheon in Reverend Wea- IN THE HOUSE OF REPRESENTATIVES approximately 164,000 American jobs in com- ver’s honor celebrating his 35 years as pastor. Tuesday, October 27, 2015 munities across the country. Congratulations to Reverend Weaver on this Recently Diversitybusiness.com announced great honor. Mr. POE of Texas. Mr. Speaker, Dr. Thom- as J. Parr’s story should be taught and known. the selection of Ex-Im Bank as one of the top f agencies providing opportunities for small and This man reflects what is good and right about minority businesses to expand export business IN SUPPORT OF H.R. 597, THE RE- our country. operations. FORM EXPORTS AND EXPAND In 1967, Thomas Parr graduated from the Since 2009, the Ex-Im Bank has authorized THE AMERICAN ECONOMY ACT United States Military Academy. While study- more financing to support the growth of ing and training at West Point, he completed minority- and women-owned businesses than HON. GENE GREEN Ranger School. This earned him the coveted it did over the previous sixteen years com- OF TEXAS Ranger Tab. After graduation, he served in bined. IN THE HOUSE OF REPRESENTATIVES two tours to Germany and Vietnam. In Ger- many, he commanded an Armored Cavalry In FY 2014, the Ex-Im Bank financed U.S. Tuesday, October 27, 2015 exports from minority- and women-owned Troop during the Soviet Union’s invasion of businesses valued at more than $2 billion. Mr. GENE GREEN of Texas. Mr. Speaker, Czechoslovakia. In Vietnam, he served as Mr. Speaker, the Ex-Im is dedicated to pur- I rise in strong support of H.R. 597, legislation Commander of a Mechanized Infantry Com- suing equality of opportunity and supporting to reauthorize the Export-Import Bank of the pany. The training he endured in Ranger economic growth and jobs here in Houston United States, our nation’s official export credit School provided him with the tools to soldier and across America. agency. as a combat leader. I strongly support H.R. 597, which reauthor- The Export-Import Bank, created 80 years He commanded his troop to root out the izes the vital agency that does so much to ago during the depths of the Great Depres- Viet Cong underground organization. He did help American business create and maintain sion, has been authorized 16 times by Con- this by moving his troop quickly through the high-paying jobs for American families. gress with overwhelming bipartisan majorities search areas in order to barricade villages f and has broad support from industry and labor harboring Viet Cong. This provided the village for the very simple fact that it works. with protection and ultimately drove out the HONORING DR. ALLEN PAUL Since 2009, the Ex-Im Bank has supported enemy. For his service and leadership in Viet- WEAVER more than 1.3 million jobs and has returned nam, he earned the Combat Infantryman over $2 billion in deficit-reducing profits to the Badge and three Bronze Stars for Valor and HON. ELIOT L. ENGEL U.S. Treasury while providing over $27 billion Merit. OF NEW YORK in export credit last year alone. After serving time in combat, he soon real- IN THE HOUSE OF REPRESENTATIVES My home state of Texas is the number one ized his calling was medicine. Parr stayed en- beneficiary of Ex-Im’s support for American listed and got his degree from the University Tuesday, October 27, 2015 business and jobs. Nearly one-in-five compa- of Texas Southwestern Medical School in Dal- Mr. ENGEL. Mr. Speaker, I rise today to nies receiving financing from the Ex-Im Bank las in 1975. He traded his officer’s uniform for recognize a spiritual leader in the New Ro- call Texas home. Ex-Im supports more than scrubs and became an Orthopedic Surgeon. chelle community, Reverend Dr. Paul Allen 135,000 jobs in Texas and provides financing He interned and did his residency at Brooke Weaver, who for 35 years has led the Be- to over 1,600 companies, over half of which Army Medical Center in San Antonio. By the thesda Baptist Church of New Rochelle con- are small businesses and nearly 10 percent late 80s, he relocated to Madigan Army Med- gregation with great distinction and remarkable are minority-owned. ical Center in Tacoma, Washington to become integrity. The Ex-Im Bank has supported over $11 bil- the Assistant Chief of Orthopedics. There, he Originally from Orlando, Florida, Reverend lion in export sales for Houston-area compa- set up the surgery department and trained Weaver answered the call to join the ministry nies for the past five years, more than any physicians. He was among the first Army sur- at age 17. He graduated from Florida Memo- other region in the country, with $3.5 billion geons to start performing arthroscopic surgery. rial University in 1969 with a B.S. in Religious going to local small businesses. In fact, Harris He served our country over 20 years and Education, and graduated with his Masters of County is home to the largest number of small retired as United States Army Medical Corps Divinity Degree in 1972. businesses that use Ex-Im. Colonel. Following his military retirement in In July 1980, Reverend Weaver came to America has already felt the negative impact 1987, Dr. Parr and his wife, Joannie, came New Rochelle as Pastor of Bethesda Baptist, of Congress’s failure to reauthorize Ex-Im and back to Texas—of course. Once back in the and began what has been an incredible multi- freeze its ability to issue loans for the past Lone Star State, Dr. Parr started a private decade partnership with the community. Dur- four months. In September, General Electric, practice in Sugar Land. And the rest they say ing his formative years at Bethesda Baptist, one of America’s most important domestic is history. His achievements as an orthopedic Reverend Weaver helped institute many social manufacturers, announced it would move 500 surgeon have made him well known and well programs to address the needs of the neigh- jobs from Texas and other states to France, respected. He is recognized nationally as a borhood. He created the Lad’s Lunch Ministry, Hungary, and China because it would receive leader in Orthopedic and Sports Injury Medi- which fed over 100 people for over 25 years. export credit financing overseas that’s no cine and today, he continues to make remark- Through the Helping Hand Ministry, the church longer available here. able strides in the medical field. He’s the first was able to address the lack of adequate Boeing, one of our nation’s largest compa- in the nation to perform MAKOplasty—a clothing for those less fortunate in the commu- nies, announced in recent months that it has robotic arm procedure used in knee replace- nity. And the development of the Family Life lost two satellite manufacturing bids to over- ment surgery.

VerDate Sep 11 2014 04:42 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A27OC8.024 E27OCPT1 smartinez on DSK4TPTVN1PROD with REMARKS E1550 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2015 As a staunch defender of America and her only when needed to level the playing field in raising funds and awareness for survivors and values, Dr. Parr has translated his service international competition. Virtually all of its fi- treatments in the Midlands. In the past twenty- from the battlefield to the operating room and nancing is issued as guarantees and insur- five years, the Walk for Life, led by Chair now into our community. Today, he serves on ance of loans by commercial lenders. It fi- Janet Snider, has gone from 200 participants the Board of Directors for the West Point Soci- nances only American-made goods and Amer- in the first year to over 11,000 participants last ety of Greater Houston, helping deserving ican-provided services. Some 90 percent of its year, raising over $800,000. youth to apply and obtain acceptance into any financing is for exports by American small Women’s Night Out at Lexington Medical of our nation’s military academies. businesses, last year some 3,300 firms. The Center, led by President Mike Biediger, is an With his twenty years of military service and result last year was 164,000 jobs for American inspiring evening at Burkett, Burkett, and medical expertise, Dr. Parr helps future mili- workers, 6,500 in New York. What could be Burkett CPAs, where the hospital honors tary cadets work their way through the medical more business-friendly? breast cancer patients, survivors, and their requirements of eligibility. The Bank should appeal to fiscal conserv- families. I know firsthand of the success at Despite his busy schedule, Dr. Parr always atives as well. It is operated on a business-like Lexington Medical Center, where my son has time to help those with ties to the military basis. It charges fees, premiums and interest, Addison in high school was successfully treat- service. Once a Marine, always a Marine. at full market rates. Those receipts fully cover ed for thyroid cancer determined by Dr. H.W. Dr. Parr’s life journey is one of honor, duty, all the Bank’s expenses. It even generates a Bledsoe, Jr., and now himself is an orthopedic God, country and helping his fellow man. surplus that goes to the U.S. Treasury to re- surgeon. From the United States Military Academy at duce the federal deficit. Last year, that deficit In conclusion, God Bless Our Troops and West Point to the jungles of Vietnam, to the reduction was $675 million. What could be may the President by his actions never forget operating rooms of Washington and now in more fiscally prudent? September 11th in the Global War on Ter- the surgical rooms in Houston, Texas, Dr. Parr The Bank is a careful lender. Its loss rate is rorism. has made, and is still making, a difference to below 2 percent, far lower than any commer- f our nation. And that’s just the way it is. cial bank. The Bank maintains cash reserves THE ‘‘URGENCY OF NOW’’ f against the risk of loss, currently amounting to $5 billion. All of those reserves are generated H.R. 597—TO REAUTHORIZE THE from its user fees, not the taxpayer. Why HON. , JR. EXPORT-IMPORT BANK doesn’t that record appeal to Republicans, as OF MICHIGAN it does to Democrats? IN THE HOUSE OF REPRESENTATIVES HON. NITA M. LOWEY The Bank is a fiscally-prudent solution to a Tuesday, October 27, 2015 OF NEW YORK real-world problem: foreign competition that Mr. CONYERS. Mr. Speaker, I rise today in IN THE HOUSE OF REPRESENTATIVES has its own financial support. Some 60 foreign governments operate export finance programs. support of action—the preference for progress Tuesday, October 27, 2015 Some, like China’s, Japan’s, Germany’s and of a status quo that is robbing millions of Mrs. LOWEY. Mr. Speaker, it’s been almost even Canada’s, are much larger than Ex-Im. Americans of opportunity. Every person in this four months since Congress failed to renew Financing is a crucial element of trade com- chamber was elected to improve this country the Export-Import Bank’s charter—marking the petition: a company that can bring customer fi- and make the lives of our constituents a little first lapse in the Bank’s 81 years of operation. nancing to the table often wins the transaction. bit easier. This disservice to American businesses must When foreign governments back their export- Nowhere is it easier to improve the quality end. ers, American exporters and their workers of life for Americans than in investing for the The Export-Import Bank helps U.S.-made lose. Ex-Im Bank is our answer. long-term in our transportation infrastructure. products remain competitive and reach over- So I simply cannot understand why a major- The American economy depends upon the seas markets, while supporting thousands of ity of Republicans in this House forced the rapid delivery of goods and services. middle-class jobs. In my own district during Bank to close its financing window in July. It But as the White House pointed out in the last eight years, the Ex-Im Bank has sup- can’t be due to subsidy, because there isn’t 2014’s ‘‘Economic Analysis of Transportation ported $2.2 billion worth of exports and over any. It can’t be due to government competition Infrastructure Investment,’’ we are failing to 14,000 jobs at 22 exporters—including nine with the private sector, because the Bank support this vital network of roads, bridges, small businesses. doesn’t do that. It can’t be for any budgetary railways and other means of transportation. The Bank has been reauthorized 16 times reason, because the Bank is self-financing. Last year, the World Economic Forum by Republican and Democratic Presidents. For those of us who support Ex-Im Bank ranked the United States’ roads 18th in the There is no reason to keeping politicizing the and the American firms and workers that the world; 65% of our major roads are in less than Bank’s Reauthorization. Bank sustains, the only conclusion we can ‘‘good’’ condition; one in four requires signifi- I urge immediate passage. draw is that the excessive campaign against cant repair. These inadequacies directly im- f Ex-Im Bank is another example of hard-bitten, pact us all. Each year, we spend 5.5 billion intransigent ideology eclipsing the need to em- unnecessary hours stuck in traffic—that’s a IN SUPPORT OF H.R. 597, THE EX- brace a business-friendly, budget-conscious, $120 billion in extra fuel and unproductive PORT-IMPORT BANK REFORM prudent program for America. time. AND REAUTHORIZATION ACT OF Those figures cost business and industry an f 2015 extra $27 billion in freight costs and delays. BREAST CANCER AWARENESS Money that could have gone to employees, or HON. ELIOT L. ENGEL MONTH shareholders, or to investments in the future. OF NEW YORK But it isn’t just corporations paying the price. IN THE HOUSE OF REPRESENTATIVES HON. JOE WILSON It is the quarter of the 33,000 traffic fatalities where road conditions were a factor. It is the Tuesday, October 27, 2015 OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES 45 percent of Americans who cannot access Mr. ENGEL. Mr. Speaker, I rise in support adequate transit. of H.R. 597, as amended. It is mystifying to Tuesday, October 27, 2015 Today, the House voted to fund yet another me why there is such vociferous opposition to Mr. WILSON of South Carolina. Mr. Speak- short-term bill—as it should—to keep our sur- the Export-Import Bank among a majority of er, October marks Breast Cancer Awareness face transportation system moving. At the our Republican colleagues. For decades, a Month—a month to especially recognize and same time, this House voted to delay imple- solid majority of Republicans have joined with celebrate breast cancer patients, survivors, mentation of a 6-year-old law that requires Democrats to support the Bank and its vital and advocates. While breast cancer affects in- ‘‘positive train control’’—a technology that role in creating and sustaining jobs for Amer- dividuals and families throughout the year, I saves lives and which I want to see rolled out ican workers. especially appreciate the awareness and ad- as soon as possible—because they thought it But not now. Why? The Export-Import Bank vocacy efforts that occur this week, especially important to provide the rail industry with cer- should appeal to all Republicans, as it does to the Walk for Life and Women’s Night Out. tainty. us Democrats. The Walk for Life/Race for Life at Palmetto But the simple fact is those two principles The Bank supports the American private Health, though rescheduled due to the tragic are at odds—because we aren’t providing any sector, both exporters and lenders. It steps in flooding, is celebrating twenty-five years of certainty to American industry and American

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HIGHLIGHTS Senate passed S. 754, Cybersecurity Information Sharing Act, as amend- ed. Senate ment No. 2716), to protect information that is rea- Chamber Action sonably believed to be personal information or infor- Routine Proceedings, pages S7497–S7550 mation that identifies a specific person. Measures Introduced: Five bills were introduced, Pages S7498, S7502–03, S7504–05 as follows: S. 2207–2211. Page S7546 By 37 yeas to 59 nays (Vote No. 287), Feinstein (for Leahy) Modified Amendment No. 2587 (to Measures Reported: Amendment No. 2716), to strike the FOIA exemp- S. 1326, to amend certain maritime programs of tion. Pages S7498, S7505, S7507–08 the Department of Transportation, with an amend- By 35 yeas to 60 nays (Vote No. 288), Feinstein ment in the nature of a substitute. (S. Rept. No. (for Franken) Further Modified Amendment No. 114–158) 2612 (to Amendment No. 2716), to improve the S. 1789, to improve defense cooperation between definitions of cybersecurity threat and cyber threat the United States and the Hashemite Kingdom of indicator. Pages S7509–10 Jordan. Page S7545 By 41 yeas to 54 nays (Vote No. 289), Feinstein Measures Passed: (for Coons) Further Modified Amendment No. 2552 (to Amendment No. 2716), to modify section 105 Cybersecurity Information Sharing Act: By 74 to require DHS to review all cyber threat indicators yeas to 21 nays (Vote No. 291), Senate passed S. and countermeasures in order to remove certain per- 754, to improve cybersecurity in the United States sonal information. Pages S7498, S7508 through enhanced sharing of information about cy- By 22 yeas to 73 nays (Vote No. 290), Burr (for bersecurity threats, and after taking action on the Cotton) Modified Amendment No. 2581 (to Amend- following amendments proposed thereto: Page S7498 ment No. 2716), to exempt from the capability and Adopted: process within the Department of Homeland Secu- Burr (for Flake/Franken) Further Modified rity communication between a private entity and the Amendment No. 2582 (to Amendment No. 2716), Federal Bureau of Investigation or the United States to terminate the provisions of the Act after ten years. Secret Service regarding cybersecurity threats. Page S7498 Pages S7498, S7511 Burr/Feinstein Amendment No. 2749 (to Amend- Chair sustained a point of order that the following ment No. 2716), relating to cybersecurity informa- amendments were not germane, and the amendments tion sharing. Page S7521 thus fell: Burr/Feinstein Amendment No. 2716, in the na- Feinstein (for Whitehouse/Graham) Modified ture of a substitute. Pages S7498, S7521 Amendment No. 2626 (to Amendment No. 2716), Rejected: to amend title 18, United States Code, to protect By 41 yeas to 55 nays (Vote No. 285), Feinstein Americans from cybercrime. Pages S7498, S7503–04 (for Wyden) Modified Amendment No. 2621 (to Feinstein (for Mikulski/Cardin) Amendment No. Amendment No. 2716), to improve the require- 2557 (to Amendment No. 2716), to provide ments relating to removal of personal information amounts necessary for accelerated cybersecurity in re- from cyber threat indicators before sharing. sponse to data breaches. Pages S7498, S7503–04 Pages S7498, S7503–04 A unanimous-consent agreement was reached pro- By 47 yeas to 49 nays (Vote No. 286), Burr (for viding that the motion to invoke cloture on the bill, Heller) Modified Amendment No. 2548 (to Amend- be withdrawn. Page S7520 D1136

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Messages from the House: Page S7545 tion of Sarah Elizabeth Feinberg, of West Virginia, Measures Referred: Page S7545 to be Administrator of the Federal Railroad Admin- istration, Department of Transportation. Enrolled Bills Presented: Page S7545 Executive Reports of Committees: Pages S7545–46 OSM’S PROPOSED OVERSIGHT Additional Cosponsors: Pages S7546–47 Statements on Introduced Bills/Resolutions: Committee on Energy and Natural Resources: Committee Pages S7547–49 concluded an oversight hearing to examine the Of- fice of Surface Mining, Reclamation, and Enforce- Additional Statements: Pages S7543–45 ment’s proposed Stream Protection Rule, after receiv- Amendments Submitted: Pages S7549–50 ing testimony from Janice M. Schneider, Assistant Authorities for Committees to Meet: Page S7550 Secretary of the Interior, Land and Minerals Manage- ment; Randy C. Huffman, West Virginia Depart- Privileges of the Floor: Page S7550 ment of Environmental Protection, Charleston; Todd Record Votes: Seven record votes were taken today. Parfitt, Wyoming Department of Environmental (Total—291) Pages S7504, S7505, S7508, S7509–10, S7520, Quality, Cheyenne; and Jim Hecker, Public Justice, S7521, S7522 and Hal Quinn, National Mining Association, both Adjournment: Senate convened at 10 a.m. and ad- of Washington, D.C. journed at 6:23 p.m., until 10 a.m. on Wednesday, October 28, 2015. (For Senate’s program, see the re- INTERNAL REVENUE SERVICE marks of the Majority Leader in today’s Record on Committee on Finance: Committee concluded a hearing page S7550.) to examine the Internal Revenue Service’s response to Committee recommendations contained in its Au- Committee Meetings gust 5, 2015 report, after receiving testimony from John A. Koskinen, Commissioner, Internal Revenue (Committees not listed did not meet) Service, Department of the Treasury. U.S. MILITARY STRATEGY IN THE MIDDLE SYRIAN CONFLICT EAST Committee on Foreign Relations: Committee received a Committee on Armed Services: Committee concluded a closed briefing on the Administration’s response to hearing to examine United States military strategy the Syrian conflict from John F. Kerry, Secretary of in the Middle East, after receiving testimony from State. Ash Carter, Secretary, and General Joseph F. Dunford, Jr., USMC, Chairman of the Joint Chiefs INTELLIGENCE of Staff, both of the Department of Defense. Select Committee on Intelligence: Committee held closed BUSINESS MEETING hearings on intelligence matters, receiving testimony Committee on Commerce, Science, and Transportation: from officials of the intelligence community. Committee ordered favorably reported the nomina- Committee recessed subject to the call. h House of Representatives efit of the Susanville Indian Rancheria, and for other Chamber Action purposes, with an amendment (H. Rept. 114–314); Public Bills and Resolutions Introduced: 8 public and bills, H.R. 3834–3841; and 5 resolutions, H. Res. H. Res. 495, providing for consideration of the 494, 496–499 were introduced. Pages H7253–54 Senate amendment to the bill (H.R. 1314) to amend Additional Cosponsors: Pages H7254–55 the Internal Revenue Code of 1986 to provide for a right to an administrative appeal relating to adverse Reports Filed: Reports were filed today as follows: determinations of tax-exempt status of certain orga- H.R. 2212, to take certain Federal lands located nizations. (H. Rept. 114–315). Page H7253 in Lassen County, California, into trust for the ben-

VerDate Sep 11 2014 07:37 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC5.REC D27OCPT1 smartinez on DSK4TPTVN1PROD with DIGEST D1138 CONGRESSIONAL RECORD — DAILY DIGEST October 27, 2015 Speaker: Read a letter from the Speaker wherein he fiduciary duty no later than 60 days after the DOL appointed Representative Valadao to act as Speaker finalizes its rule and coordinates its rulemaking with pro tempore for today. Page H7191 the DOL (by a yea-and-nay vote of 184 yeas to 246 Recess: The House recessed at 10:39 a.m. and re- nays, Roll No. 574). Pages H7241–43 convened at 12 noon. Page H7196 H. Res. 491, the rule providing for consideration of the bill (H.R. 1090) was agreed to by a recorded Suspension: The House agreed to suspend the rules vote of 244 ayes to 186 noes, Roll No. 571, after and pass the following measure: the previous question was ordered by a yea-and-nay Surface Transportation Extension Act of 2015: vote of 242 yeas to 185 nays, Roll No. 570. H.R. 3819, to provide an extension of Federal-aid Pages H7214–16 highway, highway safety, motor carrier safety, tran- Recess: The House recessed at 7:44 p.m. and recon- sit, and other programs funded out of the Highway vened at 12:13 a.m. Page H7251 Trust Fund. Pages H7207–14 Senate Message: Message received from the Senate Unanimous Consent Agreement: Agreed by unan- by the Clerk and subsequently presented to the imous consent that the question of adopting a mo- House today appears on pages H7200–01. tion to recommit on H.R. 597 may be subject to postponement as though under clause 8 of rule XX. Quorum Calls—Votes: Six yea-and-nay votes and Page H7201 one recorded vote developed during the proceedings of today and appear on pages H7214–15, Reform Exports and Expand the American Econ- H7215–16, H7216, H7216–17, H7242–43, H7243, omy Act: The House passed H.R. 597, to reauthor- H7243–44. There were no quorum calls. ize the Export-Import Bank of the United States, by a yea-and-nay vote of 313 yeas to 118 nays, Roll Adjournment: The House met at 10 a.m. and ad- No. 576. Consideration began yesterday, October journed at 12:14 a.m. on Wednesday, October 28, 26th. Pages H7216–31, H7243–44 2015. Rejected the Norton motion to recommit the bill to the Committee on Financial Services, by voice Committee Meetings vote (the Hensarling request for the yeas and nays PAST, PRESENT, AND FUTURE OF SNAP: was vacated by unanimous consent). Pages H7229–31 Pursuant to the Rule, the amendment in the na- BREAKING THE CYCLE ture of a substitute consisting of the text of H.R. Committee on Agriculture: Subcommittee on Nutrition 3611, as introduced, shall be considered as adopted held a hearing entitled ‘‘Past, Present, and Future of and the bill, as amended, shall be considered as read. SNAP: Breaking the Cycle’’. Testimony was heard Pages H7217–29 from public witnesses. H. Res. 450, the rule providing for consideration SHORTENING THE DEFENSE ACQUISITION of the bill (H.R. 597) was agreed to by a yea-and- CYCLE nay vote of 275 yeas to 154 nays, Roll No. 573, after the previous question was ordered by a yea-and- Committee on Armed Services: Full Committee held a nay vote of 271 yeas to 158 nays, Roll No. 572. hearing entitled ‘‘Shortening the Defense Acquisition Pages H7216–17 Cycle’’. Testimony was heard from Paul Francis, Managing Director, Acquisition and Sourcing Man- Retail Investor Protection Act: The House passed agement, Government Accountability Office; and H.R. 1090, to amend the Securities Exchange Act of public witnesses. 1934 to provide protections for retail customers, by a yea-and-nay vote of 245 yeas to 186 nays, Roll GAME CHANGERS—UNDERSEA WARFARE No. 575. Pages H7201–07, H7214–16, H7231–43 Committee on Armed Services: Subcommittee on Pursuant to the Rule, an amendment in the na- Seapower and Projection Forces held a hearing enti- ture of a substitute consisting of the text of Rules tled ‘‘Game Changers—Undersea Warfare’’. Testi- Committee Print 114–31 shall be considered as mony was heard from public witnesses. adopted. Page H7231 Rejected: IMPROVING CAREER AND TECHNICAL Lynch amendment (No. 1 printed in H. Rept. EDUCATION TO HELP STUDENTS SUCCEED 114–313) that sought to replace the bill’s existing IN THE WORKFORCE requirement that the Department of Labor (DOL) Committee on Education and the Workforce: Sub- stop its rulemaking pending a final Securities and committee on Early Childhood, Elementary, and Sec- Exchange Commission (SEC) rule with a requirement ondary Education held a hearing entitled ‘‘Improving that the SEC revises its own regulations governing Career and Technical Education to Help Students

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Succeed in the Workforce’’. Testimony was heard MISCELLANEOUS MEASURES from public witnesses. Committee on the Judiciary: Full Committee held a COMMON CARRIER REGULATION OF THE markup on H.R. 3279, the ‘‘Open Book on Equal INTERNET: INVESTMENT IMPACTS Access to Justice Act’’; and H.R. 2834, to enact cer- tain laws relating to the environment as title 55, Committee on Energy and Commerce: Subcommittee on United States Code, ‘‘Environment’’. H.R. 3279 and Communications and Technology held a hearing en- H.R. 2834 were ordered reported, without amend- titled ‘‘Common Carrier Regulation of the Internet: ment. Investment Impacts’’. Testimony was heard from public witnesses. VA AND DOD IT: ELECTRONIC HEALTH E-MANIFEST: AN UPDATE ON RECORDS INTEROPERABILITY IMPLEMENTATION Committee on Oversight and Government Reform: Sub- Committee on Energy and Commerce: Subcommittee on committee on Information Technology; and Sub- Environment and the Economy held a hearing enti- committee on Oversight and Investigations of the tled ‘‘E-manifest: An Update on Implementation’’. House Committee on Veterans’ Affairs, held a joint Testimony was heard from Barnes Johnson, Director, hearing entitled ‘‘VA and DoD IT: Electronic Health Office of Resource Conservation and Recovery, Office Records Interoperability’’. Testimony was heard from of Solid Waste and Emergency Response, Environ- LaVerne Council, Assistant Secretary for Information mental Protection Agency. Technology, Chief Information Officer, Department of Veterans Affairs; Brian P. Burns, Deputy Director, THE GLOBAL CRISIS OF RELIGIOUS Warfighter Systems Integration, Office of Informa- FREEDOM tion Dominance, Department of Veterans Affairs; Committee on Foreign Affairs: Subcommittee on Africa, Christopher A. Miller, Program Executive Officer, Global Health, Global Human Rights, and Inter- Defense Healthcare Management Systems, Depart- national Organizations held a hearing entitled ‘‘The ment of Defense; David DeVries, Principal Deputy Global Crisis of Religious Freedom’’. Testimony was Chief Information Officer, Department of Defense; heard from David N. Saperstein, Ambassador-at- and Valarie C. Melvin, Director of Information Man- Large for International Religious Freedom, Depart- agement and Technology Resources Issues, Govern- ment of State; and Robert P. George, Chairman, ment Accountability Office. U.S. Commission on International Religious Free- dom. ENSURING TAX EXEMPT ORGANIZATIONS THE RIGHT TO APPEAL ACT EXAMINING THE SYRIAN HUMANITARIAN Committee on Rules: Full Committee held a hearing on CRISIS FROM THE GROUND, PART II the Senate amendment to H.R. 1314, the ‘‘Ensuring Committee on Foreign Affairs: Subcommittee on the Tax Exempt Organizations the Right to Appeal Act’’ Middle East and North Africa held a hearing enti- [Bipartisan Budget Agreement of 2015]. The com- tled ‘‘Examining the Syrian Humanitarian Crisis mittee granted, by voice vote, a rule that provides from the Ground, Part II’’. Testimony was heard for the consideration of the Senate amendment to from Anne C. Richard, Assistant Secretary, Bureau of H.R. 1314. The rule makes in order a motion of- Population, Refugees, and Migration, Department of fered by the Majority Leader or his designee that the State; Leo´n Rodrı´guez, Director, U.S. Citizenship House concur in the Senate amendment with the and Immigration Services, Department of Homeland amendment printed in Part A of the Rules Com- Security; and Thomas Staal, Senior Deputy Assistant mittee report modified by the amendment printed in Administrator, Bureau for Democracy, Conflict and Part B of the report. The rule waives all points of Humanitarian Assistance, U.S. Agency for Inter- order against consideration of the motion and pro- national Development. vides that the motion is not subject to a demand for division of the question. The rule provides that the MISCELLANEOUS MEASURE Senate amendment and the motion shall be consid- Committee on House Administration: Full Committee ered as read. The rule provides one hour of debate held a markup on a committee resolution amending on the motion equally divided and controlled by the Committee regulations to permit officially-sanc- Majority Leader and the Minority Leader or their re- tioned competitions. The committee resolution spective designees. Testimony was heard from Rep- amending Committee regulations to permit offi- resentatives Hastings, Mulvaney, Schweikert, and cially-sanctioned competitions passed. Clawson of Florida.

VerDate Sep 11 2014 07:37 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC5.REC D27OCPT1 smartinez on DSK4TPTVN1PROD with DIGEST D1140 CONGRESSIONAL RECORD — DAILY DIGEST October 27, 2015 A REVIEW OF PROGRESS BY THE COMMITTEE MEETINGS FOR WEDNESDAY, DEPARTMENT OF HOMELAND SECURITY OCTOBER 28, 2015 (DHS), SCIENCE AND TECHNOLOGY (Committee meetings are open unless otherwise indicated) DIRECTORATE Committee on Science, Space, and Technology: Full Com- Senate mittee held a hearing entitled ‘‘A Review of Progress Committee on Appropriations: Subcommittee on Transpor- by the Department of Homeland Security (DHS), tation, Housing and Urban Development, and Related Science and Technology Directorate’’. Testimony was Agencies, to hold hearings to examine unmanned aircraft heard from Reginald Brothers, Under Secretary, systems and the steps being taken to successfully inte- Science and Technology, Department of Homeland grate this technology into our National Airspace System, Security. 10 a.m., SD–192. Subcommittee on Energy and Water Development, to MAXIMIZING MENTORING: HOW ARE THE hold hearings to examine realizing the potential of the ´ ´ Department of Energy national laboratories, 2:30 p.m., SBA AND DOD MENTOR-PROTEGE SD–138. PROGRAMS SERVING SMALL BUSINESSES? Committee on Banking, Housing, and Urban Affairs: Sub- Committee on Small Business: Subcommittee on Con- committee on Financial Institutions and Consumer Pro- tracting and Workforce held a hearing entitled tection, to hold hearings to examine the state of rural ‘‘Maximizing Mentoring: How are the SBA and DoD banking, focusing on challenges and consequences, 10 ´ ´ a.m., SD–538. Mentor-Protege Programs Serving Small Busi- Committee on Commerce, Science, and Transportation: to nesses?’’. Testimony was heard from Kenyatta Wes- hold hearings to examine the nomination of Jessica ley, Acting Director, Office of Small Business Pro- Rosenworcel, of the District of Columbia, to be a Mem- grams, Department of Defense; and A. John Shoraka, ber of the Federal Communications Commission for a Associate Administrator of Government Contracting term of five years from July 1, 2015, 10 a.m., SR–253. and Business Development, Small Business Adminis- Committee on Foreign Relations: to hold hearings to exam- tration. ine the United States role and strategy in the Middle East, 9:30 a.m., SD–419. PREVENTION OF AND RESPONSE TO THE Full Committee, to hold hearings to examine the ARRIVAL OF A DIRTY BOMB AT A U.S. nominations of Peter William Bodde, of Maryland, to be Ambassador to Libya, Marc Jonathan Sievers, of Mary- PORT land, to be Ambassador to the Sultanate of Oman, Committee on Transportation and Infrastructure: Sub- Elisabeth I. Millard, of Virginia, to be Ambassador to the committee on Coast Guard and Maritime Transpor- Republic of Tajikistan, and Kenneth Damian Ward, of tation held a hearing entitled ‘‘Prevention of and Re- Virginia, for the rank of Ambassador during his tenure sponse to the Arrival of a Dirty Bomb at a U.S. of service as United States Representative to the Organi- Port’’. Testimony was heard from Rear Admiral zation for the Prohibition of Chemical Weapons, all of Peter J. Brown, Assistant Commandant for Response the Department of State, and John Morton, of Massachu- setts, to be Executive Vice President of the Overseas Pri- Policy, United States Coast Guard; Huban Gowadia, vate Investment Corporation, 3:30 p.m., SD–419. Director, Domestic Nuclear Detection Office; Todd Committee on Health, Education, Labor, and Pensions: Sub- Owen, Assistant Commissioner, Office of Field Op- committee on Primary Health and Retirement Security, erations, Customs and Border Protection; David C. to hold hearings to examine retirement plan options for Maurer, Director, Justice and Law Enforcement small businesses, 2:30 p.m., SH–216. Issues, Homeland Security and Justice Team, Gov- Committee on Homeland Security and Governmental Affairs: ernment Accountability Office; Gregory H. Canavan, to hold hearings to examine the state of our nation’s bio- Senior Fellow, Los Alamos National Laboratories; defense, 2:30 p.m., SD–342. Charles A. (Gus) Potter, Distinguished Member of Committee on Veterans’ Affairs: to hold hearings to exam- the Technical Staff, Sandia National Laboratories; ine Department of Veterans Affairs mental health, focus- and public witnesses. ing on ensuring access to care, 2:30 p.m., SR–418. House Joint Meetings Committee on Agriculture, Full Committee, hearing enti- No joint committee meetings were held. tled ‘‘Big Data and Agriculture: Innovation and Implica- tions’’, 10 a.m., 1300 Longworth. Committee on Armed Services, Subcommittee on Military Personnel, hearing entitled ‘‘Transition Assistance Pro- gram—A Unity of Effort’’, 2 p.m., 2212 Rayburn.

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Subcommittee on Oversight and Investigation, hearing Committee on Natural Resources, Subcommittee on Federal entitled ‘‘Assessing DOD’s Assured Access to Micro-Elec- Lands, hearing on a discussion draft of the ‘‘Federal Lands tronics in Support of U.S. National Security Require- Recreation Enhancement Modernization Act’’, 10 a.m., ments’’, 3:30 p.m., 2118 Rayburn. 1324 Longworth. Committee on the Budget, Full Committee, hearing enti- Subcommittee on Indian, Insular and Alaska Native tled ‘‘Restoring the Trust for America’s Most Vulner- Affairs, hearing on H.R. 3764, the ‘‘Tribal Recognition able’’, 10 a.m., 210 Cannon. Act of 2015’’, 2 p.m., 1334 Longworth. Committee on Education and the Workforce, Full Com- Subcommittee on Water, Power and Oceans, hearing mittee, markup on H.R. 3459, the ‘‘Protecting Local on H.R. 1219, the ‘‘Arbuckle Project Maintenance Com- Business Opportunity Act’’, 10 a.m., HVC–210. plex and District Office Conveyance Act of 2015’’; H.R. Committee on Energy and Commerce, Subcommittee on 1296, to amend the San Luis Rey Indian Water Rights Communications and Technology, hearing entitled Settlement Act to clarify certain settlement terms, and for ‘‘Breaking Down Barriers to Broadband Infrastructure other purposes; and H.R. 3062, the ‘‘Assuring Private Deployment’’, 10 a.m., 2123 Rayburn. Property Rights Over Vast Access to Land (APPROVAL) Subcommittee on Environment and the Economy, hear- Act’’, 2:30 p.m., 1324 Longworth. Committee on Oversight and Government Reform, ing entitled ‘‘Update on Low-Level Radioactive Waste Sub- committee on National Security, hearing entitled Disposal Issues’’; markup on S. 611, the ‘‘Grassroots ‘‘Radicalization: Social Media and the Rise of Terrorism’’, Rural and Small Community Water Systems Assistance 10 a.m., 2154 Rayburn. Act’’, 10:15 a.m., 2322 Rayburn. Committee on Science, Space, and Technology, Subcommittee Committee on Homeland Security, Subcommittee on on Research and Technology, hearing entitled ‘‘A Review Counterterrorism and Intelligence, hearing entitled ‘‘Ter- of the Networking and Information Technology Research ror Inmates: Countering Violent Extremism in Prison and and Development (NITRD) Program’’, 10 a.m., 2318 Beyond’’, 10 a.m., 311 Cannon. Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, October 28 10 a.m., Wednesday, October 28

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: Consideration of the Senate morning business until 12 noon. amendment to H.R. 1314—Trade Act of 2015 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Engel, Eliot L., N.Y., E1545, E1546, E1547, E1549, E1550 Sa´ nchez, Linda T., Calif., E1543 Farr, Sam, Calif., E1541 Schakowsky, Janice D., Ill., E1548 Barr, Andy, Ky., E1543, E1544 Garamendi, John, Calif., E1545, E1547 Sinema, Kyrsten, Ariz., E1547 Buck, Ken, Colo., E1544 Green, Gene, Tex., E1549 Smith, Christopher H., N.J., E1542, E1543 Bucshon, Larry, Ind., E1545 Jackson Lee, Sheila, Tex., E1548 Stutzman, Marlin A., Ind., E1547 Castor, Kathy, Fla., E1542 Keating, William R., Mass., E1547 Coffman, Mike, Colo., E1547 Lowey, Nita M., N.Y., E1550 Swalwell, Eric, Calif., E1548 Conyers, John, Jr., Mich., E1550 McNerney, Jerry, Calif., E1546 Takai, Mark, Hawaii, E1543 Davis, Rodney, Ill., E1544 Norton, Eleanor Holmes, The District of Columbia, Visclosky, Peter J., Ind., E1541 DesJarlais, Scott, Tenn., E1541 E1546 Wilson, Joe, S.C., E1550 Edwards, Donna F., Md., E1541 Poe, Ted, Tex., E1549 Young, Todd C., Ind., E1544, E1545

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