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

Vol. 161 WASHINGTON, WEDNESDAY, MAY 13, 2015 No. 73 House of Representatives The House met at 10 a.m. and was May 2, he did not know that would be pital, the ambulance drove by a thin called to order by the Speaker pro tem- his last day on patrol. Officer Moore blue line of peace officers who stood in pore (Mr. DOLD). and fellow Officer Erik Jansen were silent salute, paying their respects to f driving in Queens, New York, that Officer Moore. evening when they saw someone who Peace officers, Mr. Speaker, are the DESIGNATION OF SPEAKER PRO was obviously suspicious, so they did first to respond to the call for help TEMPORE what they should do. They went up to when someone is in trouble. That is The SPEAKER pro tempore laid be- that individual to check out what was who they call. The police are the first fore the House the following commu- going on. and last line of defense between crimi- nication from the Speaker: Officer Moore drove up behind the nals and citizens. And it is somewhat WASHINGTON, DC, suspicious individual and asked him ironic, Mr. Speaker, that our society May 13, 2015. this question: ‘‘Do you have something counts on police officers to protect I hereby appoint the Honorable ROBERT J. in your waist?’’ Allegedly, the callous their communities, to protect their DOLD to act as Speaker pro tempore on this criminal, Mr. Speaker, coldly replied: property, and restore order, yet they day. ‘‘Yeah, I’ve got something in my pock- are targeted and criticized when they JOHN A. BOEHNER, et,’’ and he pulled out a gun and fired Speaker of the House of Representatives. try to do their job to protect the rest three shots into Officer Moore’s patrol of us. f car, killing Officer Moore. The soulless We thank the peace officers who, in MORNING-HOUR DEBATE criminal then fled in the darkness of spite of this, continue to protect and the night. serve neighborhoods. As long as crimi- The SPEAKER pro tempore. Pursu- Officer Moore was rushed to the hos- nals are on our streets and in our ant to the order of the House of Janu- pital, where he spent 2 days before he neighborhoods refusing to follow soci- ary 6, 2015, the Chair will now recog- died. He was 25 years of age when he nize Members from lists submitted by was killed. He was young, bright, and ety’s law, peace officers are absolutely the majority and minority leaders for committed to the badge that he wore necessary. morning-hour debate. over his heart. As a country, we should mourn the The Chair will alternate recognition In his short career, Officer Moore re- loss of all those in law enforcement between the parties, with each party ceived two exceptional police service who devote their life’s work to restor- limited to 1 hour and each Member commendations. Police Commissioner ing order in our community. Since Of- other than the majority and minority Bill Bratton of the New York Police ficer Moore’s murder on May 2, two leaders and the minority whip limited Department noted, ‘‘They don’t give other peace officers were murdered in to 5 minutes, but in no event shall de- those medals out easily. He worked Hattiesburg, Mississippi. bate continue beyond 11:50 a.m. very hard for those.’’ Officer Moore Mr. Speaker, this week is National f earned those two medals in less than 5 Police Week. This Friday, right here on the west side of the Capitol, the fami- POLICE MEMORIAL WEEK years. He was an exceptional police of- ficer, even at a very young age. lies of 126 peace officers killed in the The SPEAKER pro tempore. The Being a peace officer wasn’t a job for line of duty last year, as well as the Chair recognizes the gentleman from Officer Moore; it was a cause. It was in families of those from previous years, Texas (Mr. POE) for 5 minutes. his blood. He was the son, nephew, and will gather. They will be surrounded by Mr. POE of Texas. Mr. Speaker, po- cousin of New York police officers, and thousands of peace officers from all lice officers are the barrier between the job had deep roots in the Moore over the country and by citizens show- good and evil. They do society’s dirty family. Officer Moore lived with his fa- ing their respect during National Po- work. They are the fence between the ther, a retired police officer. He was lice Week. law and the lawless. These men and meant for the uniform, and he was Of the 126 killed last year, which is a women in uniform are our Nation’s killed because of the uniform. It is an 24 percent increase from the previous peace officers. Every day, peace offi- absolute tragedy that his young life year, 11 of those who were killed were cers rush into chaos and toward crime was stolen from not only his family, from Texas. And here is the rollcall of that everyone else is running away but the police department and the com- the fallen: from. And every day, these officers risk munity that he honorably served and Mark Uland Kelley of the Trinity their lives for the rest of us. protected. University Police Department. When New York Police Officer Brian Last Monday, as Officer Moore’s body Detective Charles Dinwiddie of the Moore set out for patrol on Saturday, was transferred from a Queens hos- Killeen Police Department.

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

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VerDate Sep 11 2014 23:31 May 13, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.000 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2882 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Sergeant Paul A. Buckles of the Pot- Donohue, the president of the U.S. No more evasion, gimmicks, and ter County Sheriff’s Office. Chamber, who don’t usually agree on short-term extensions. Raise the gas Chief of Police Lee Dixon of the Lit- much of anything, but do on this? Or, tax, put those hundreds of thousands of tle River-Academy Police Department. former Kansas Governor Bill Graves, people to work rebuilding and renewing Chief of Police Michael Pimentel of who is not just president of the Amer- America. Make our families safer, the Elmendorf Police Department. ican Trucking Associations but was a healthier, and more economically se- Border Patrol Agent Tyler R. Republican Governor who raised the cure. Robledo. gas tax not once, but twice. f Senior Deputy Jessica Laura Hollis What if we invited former Mayor of the Travis County Sheriff’s Office. Bloomberg, Governor Schwarzenegger, STANDING FOR LIFE—WE MUST Sergeant Michael Lee Naylor of the and former Governor Ed Rendell? What NOT REMAIN SILENT Midland County Sheriff’s Office. if we brought in the head of American The SPEAKER pro tempore. The Deputy Sheriff Jesse Valdez, III, of Road & Transportation Builders Asso- Chair recognizes the gentleman from the Harris County Sheriff’s Office. ciation, Dr. Pete Ruane? The electrical North Carolina (Mr. WALKER) for 5 min- Constable Robert Parker White of contractors are in town this week. utes. the El Paso County Constable’s Office. They could tell us. I have got a great Mr. WALKER. Mr. Speaker, I rise Sergeant Alejandro ‘‘Alex’’ Martinez constituent, Ted Aadland, who used to today to speak on behalf of those who of the Willacy County Sheriff’s Office. cannot speak for themselves. Mr. Speaker, all of these officers died be chair of AGC. There are countless people, govern- As I consider the current state of our because they were wearing the badge. ment leaders, and legislative leaders Nation’s debate about abortion, I am a As a former prosecutor and a former who have stepped up and met their re- bit puzzled when I hear the word judge, I have known a lot of police offi- sponsibility, all expecting that Con- ‘‘health care’’ in discussing such a cers. I have known some who have been gress would do its part. topic. killed in the line of duty. They, like These experts, leaders, and politi- Unlike procedures for common ail- Officer Moore, represent the best of cians know what the problem is. They ments that would be typically associ- America. fashion solutions. And they are willing ated with the term ‘‘health care,’’ This week, other police officers to give the politicians in Congress abortion has as its very object the tak- throughout the country will be wearing cover to do something that appears ing of a human life. The term ‘‘abor- the black cloth of sacrifice over their hard only in the abstract. tion’’ forces the question: What—or, badge or their star, showing respect for There is broad consensus for the better said, who—is being terminated? those who have fallen in the line of same solution that was advocated by Without a doubt, it is clear that abor- duty in this country. Ronald Reagan, who in 1982 raised the tion ends the life of these little human So we thank the families of the fall- gas tax. Or, Dwight Eisenhower, who beings. en. We thank the fallen for what they helped establish the gas tax for the Many will want to discuss health have done. We thank all of those who modern transportation system. It is care today, but I ask: Who is respon- still protect and serve America. They hard only because we don’t do our job. sible for the health care of the baby? are the best we have. Who among us is assigned to protect And that is just the way it is. The leaders who say the gas tax is off the table never explained why it is off this most precious life? f the table and, more important, have Each baby bears the unique imprint TRANSPORTATION FUNDING not allowed the experts and advocates of our Creator, with goodness, truth, The SPEAKER pro tempore. The from around the country to come and and beauty to offer the world. Yet Chair recognizes the gentleman from make the case. these children will never be able to Oregon (Mr. BLUMENAUER) for 5 min- Republicans took control 55 months grow, play, dream, and reach their full utes. ago, and we have not had a single hear- God-given potential. Mr. BLUMENAUER. Mr. Speaker, as ing on transportation finance before My wife, a nurse practitioner, and I the clock ticks down, May 31—18 cal- the Ways and Means Committee. Not faced a very unexpected pregnancy in endar days and 6 legislative days one hearing. Maybe if the Ways and our late thirties. After the shock wore away—is the expiration of the latest of Means Committee would do its job, not off, we embraced the idea of a new lit- now 24 short-term extensions that are with a carefully scripted, selected cou- tle girl who would be part of our fam- testimony to Congress’ inability to ple of witnesses that reaffirm some- ily. In fact, I have decided to bring a face up to America’s transportation body’s biases, but the people who actu- picture of her today. challenges. ally head the organizations that do I have a great screen shot of the As I predicted last summer, States this work, that understand the need, ultrasound 3 months into the preg- around the country are now cutting that have helped States around the nancy. Interestingly enough, we never back on their summer construction country meet their responsibilities, referred to her as fetus number three. projects because Congress has not met maybe we could act. I suspect after 2 We called her Anna Claire. Just like its responsibility for the transpor- full days of hearings, the American any of you, parent or grandparent, we tation partnership. public and the rest of Congress would all take great pride in displaying new Why is it that five States have been get the message. life. able to raise the gas tax this year, 19 It doesn’t have to be this hard. Show Please allow me to make this clear. I States have raised transportation reve- some courage, show some vision, show don’t speak ill of or despise anyone nues in the previous 2 years, and we in some action. Maybe then we won’t who has made a fateful but very dif- Congress are confused and in disarray? have a 25th short-term extension. What ficult decision. As a former minister, I We have to think of elaborate mecha- country became great building its in- have seen the anguish and the hurt nisms to enact short-term patches and frastructure 9 months at a time? both before and after what can be an not give America the certainty of a Maybe we could finally enact a 6-year excruciating process. big, bold 6-year transportation reau- robust reauthorization that would Yet today, we are faced with an his- thorization the country needs. solve this problem for the current ad- toric decision that has nothing to do Maybe it is because we never listened ministration and the next and put hun- with trade or with budgets but, rather, to the strong voices with real experi- dreds of thousands of people to work at has everything to do with life. In this ence about those needs. It is past time family wage jobs. moment, we have the opportunity to to have that broad perspective. Let’s end this hopeless charade that address something that many countries Maybe if we had 2 days of honest-to- somehow it is too hard for Congress to have already outlawed. goodness hearings like legislative bod- do what happens in New Hampshire, Though many of us would prefer leg- ies do in the States, like we used to do South Dakota, Georgia, Wyoming, islation that would go even further, in Congress, it wouldn’t be so hard. Utah, and Iowa. Let’s get a grip, peo- this bill would impose a simple restric- What if we invited Richard Trumka, ple, and do our job and listen to the ex- tion that follows naturally and univer- the president of the AFL–CIO, and Tom perts. sally shared rules of humanity and

VerDate Sep 11 2014 23:31 May 13, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.017 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2883 compassion. To that end, H.R. 36 pro- was the one who pointed out that I had al- building a strong economy for women, tects the unborn child from being ready paid for that right through my taxes families, and the Nation is mission pos- aborted after 20 weeks of gestation. over several decades. sible with policies to protect SNAP, Medical science tells us that the baby Since signing up for SNAP benefits, I can promote healthy nutrition, guarantee feed my family filling, nutritious meals fights for survival in a second or third again. Of course, my husband is still looking paid sick days, require equal pay for trimester abortion. He or she recoils in for work, and that will pick up the slack equal work, and make child care more pain at the poison intended to stop again if he gets work, and once he finds it, affordable. These are economic secu- their heart and the clamps used to dis- we will happily forego the benefits again. rity priorities that boost our families member their tiny little body. We can- Until then, all I can say is thank God and and our economy. not deny this evidence. We must not the government for having a safety net in As the old adage goes, ‘‘Mother look the other way. place. knows best.’’ We should listen to our While we show compassion to moth- Unfortunately, Monique’s story is moms, especially as we gather only a ers who are facing difficult decisions, not unique, but it shows that, without few days after Mother’s Day. We should we must also protect the babies who SNAP, her family would have been be strengthening families’ economic se- are surely counted among the ‘‘least of much worse off during these tough curity, and we should be working to these.’’ Who will be their voice? God times. end hunger now, not making it worse. One in five children in the United forbid if we don’t speak out. f Martin Luther King, Jr., said: States experiences hunger. Without the ‘‘Our lives begin to end the day we Supplemental Nutrition Assistance PROTECTING THE UNBORN become silent about things that mat- Program, or SNAP, that number would The SPEAKER pro tempore. The ter.’’ sadly be much higher. Already, nearly Chair recognizes the gentleman from half of all SNAP participants are chil- b 1015 Arizona (Mr. FRANKS) for 5 minutes. dren under the age of 18—nearly half, Mr. FRANKS of Arizona. Mr. Speak- When this final page of human story Mr. Speaker. er, for the sake of all those who found- is turned, what will we have done to This is despite the fact that SNAP ed this Nation and dreamed of what embrace justice, to love mercy, and be households with children have high America could someday be and for the a voice for those who have none? work rates. Families with children who sake of all those since then who have The American people have grown are working continue to earn so little died in darkness so America could walk weary of the rhetoric in D.C. Attention that they still qualify for SNAP, and in the light of freedom, it is so very im- and being aware is good, but there they will struggle to put food on the portant for those of us who are privi- comes a time when we have to move table. leged to be Members of this Congress to from the awareness stage to the action Mr. Speaker, we know that hunger pause from time to time and remind steps. Today is that time. can lead to a myriad of negative out- ourselves of why we are really all here. I urge my friends on both sides of comes for children. From health prob- Thomas Jefferson, whose words this Chamber to break the silence, to lems and compromised immune sys- marked the beginning of this Nation stand up for life, and support H.R. 36, tems, to poor nutrition, to an inability said: the Pain-Capable Unborn Child Protec- to concentrate and succeed in school, The care of human life and its happiness tion Act. childhood hunger means kids suffer. and not its destruction is the chief and only f Despite these sobering statistics, the object of good government. Republican budget resolutions passed The phrase in the Fifth Amendment BUDGET CUTS FOR THE SUPPLE- by the House and Senate made draco- capsulizes our entire Constitution. It MENTAL NUTRITION ASSIST- nian cuts to SNAP and other critical says: ANCE PROGRAM programs to help poor children and The SPEAKER pro tempore. The their families. No person shall be . . . deprived of life, lib- erty, or property without due process of law. Chair recognizes the gentleman from The budget conference report only Massachusetts (Mr. MCGOVERN) for 5 makes these cuts worse. It builds upon The 14th Amendment says: minutes. the $125 billion cut to SNAP in the No State shall . . . deny to any person Mr. MCGOVERN. Mr. Speaker, a few House budget. To achieve a cut of that within its jurisdiction the equal protection weeks ago, MomsRising, a national magnitude by block granting the pro- of the laws. grassroots organization of moms, deliv- gram and capping its allotment means Mr. Speaker, protecting the lives of ered a petition signed by more than that States would be forced to cut ben- all Americans and their constitutional 25,000 moms from all across the coun- efits or cut eligible individuals and rights, especially those who cannot try urging this Congress not to cut families off the program. There are protect themselves, is why we are all SNAP in the fiscal year 2016 budget. simply no good choices. In short, it here; yet today, Mr. Speaker, a great Every Member of this House received would make hunger worse in America, shadow looms over America because the petition signed by moms in their much worse. more than 18,000 very late-term abor- districts. Today, that petition has Mr. Speaker, SNAP is one of the only tions are occurring in America every grown to nearly 50,000 signatures, and remaining basic protections for the year, placing the mothers at exponen- it keeps on growing. This is just the very poor. For many of the poorest tially greater risk and subjecting their latest petition from MomsRising urg- Americans, SNAP is the only form of pain-capable unborn babies to torture ing Congress to prioritize children in income assistance they receive. SNAP and death without anesthesia or Fed- the budget and protect SNAP from cuts provides food benefits to low-income eral protection of any kind in the land and other structural changes. Americans at a very basic level. SNAP of the free and the home of the brave, I want to share one of the stories benefits are already too low. They av- and it is the greatest human rights from a mom. Monique from Ohio erage less than $1.40 per person, per atrocity in the United States today. writes: meal. We should not be balancing the Almost every other civilized nation I was raised to always work and so was my Federal budget on the backs of the on this Earth, Mr. Speaker, protects husband. We have tried to instill this in our poor and working families. We should pain-capable unborn babies at this age, daughter, even going so far as to work oppo- not be making childhood hunger worse and every credible poll of the American site shifts and have family babysit if there in America. people shows that they are overwhelm- was an overlap. When my husband was laid I commend MomsRising for their ingly in favor of protecting them; yet off 2 years ago and then couldn’t find work, leadership and for taking action to pro- we have given these little babies less I tried my best to keep us floating on just tect SNAP and ensure that all children legal protection from unnecessary cru- my income, walking to work because I didn’t have access to healthy, nutritious elty than the protection we have given have the bus fare, often having $20 or less after paying the bills to feed my family for foods. farm animals under the Federal Hu- a week. Later today, MomsRising will start a mane Slaughter Act. I resisted getting on welfare, having been Twitterstorm under the Mr. Speaker, it seems we are never raised never to take a handout. My pastor #missionpossible to highlight how quite so eloquent as when we decry the

VerDate Sep 11 2014 23:31 May 13, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.003 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2884 CONGRESSIONAL RECORD — HOUSE May 13, 2015 crimes of past generations; yet we Mexican fishermen were paid by the But others might not; it is all about often become staggeringly blind when U.S. Government to not kill dolphins profits. it comes to facing and rejecting the because we had adopted a dolphin-safe But ultimately, it is going to come worst of atrocities in our own time. It label for tuna. We had to pay damages home because a U.S.-based pharma- is a heartbreaking thought. to Mexico because of their foregone ceutical company can open a sub- I would submit to you, Mr. Speaker, profit because we wouldn’t let them sidiary in any one of those countries, that the winds of change are indeed kill the dolphins. and it can go to a secret trade tribunal now beginning to blow and that the Mexican trucks wanted to come into and it can challenge our reduced drug tide of blindness and blood is finally the U.S. Well, they don’t meet our prices for veterans, which the pharma- turning in America because today— standards—kind of a problem, Mexican ceutical industry would really love to today—we are poised to pass the Pain- trucks rumbling around the U.S. with undo. That is billions of dollars of prof- Capable Unborn Child Protection Act drivers that don’t meet our standards, its foregone every year because our in this Chamber. but they won a judgment under these veterans get the lowest price for drugs. Mr. Speaker, no matter how it is same provisions. Under this trade agreement, ulti- shouted down or what distortions, de- Nope, he is right. They couldn’t mately, that will be challenged, and in ceptive what-ifs, distractions, diver- make us change the laws. They just all probability, we will lose. sions, gotchas, twisting of words, imposed a whole range of punitive tar- Now, the President is right: we won’t changing the subject, or blatant false- iffs, politically targeted against people have to repeal the law that gets the hoods the abortion industry hurls at like me who had imposed the Mexican lowest-priced drugs for our veterans. this bill and its supporters, this bill is trucks, then-Speaker PELOSI, and oth- We will just have to pay the pharma- a deeply sincere effort, beginning at ers; and the U.S. relented. ceutical industry billions of dollars a their sixth month of pregnancy, to pro- Now, they didn’t make us change our year to continue to give our vets the tect both mothers and their little, laws. We volunteered to do it after drugs at a lower price so we can pro- pain-capable unborn babies from the they imposed massive and unfair tariffs vide more care for more veterans. atrocity of late-term abortion on de- on Mexican goods. This trade agreement, unfortunately, mand. Ultimately, it is one all humane But it works both ways. It has been is what those of us who are critics say Americans can support if they truly great for America. There is a U.S. min- it is. It is built upon the faulty founda- understand it for themselves. ing company that just won a judgment tion of past trade agreements, includ- Mr. Speaker, this is a vote all of us against Nova Scotia. They wanted to ing Korea. will remember the rest of our lives, and put a huge pit mine on the Bay of The special trade representative to it will be considered in the annals of Fundy, destroy the fisheries’ resource the President—also dissembling a little history and, I believe, in the councils for their pit mine. They were denied. bit—comes to caucuses: ‘‘It is unbeliev- of eternity itself. It shouldn’t be such a They won a judgment against the gov- able. We have got 20,000 more cars into hard vote. ernment of Nova Scotia and Canada. Korea last year. This thing is a suc- Protecting little, pain-capable un- Now, Nova Scotia and Canada don’t cess.’’ born children and their mothers is not have to change their laws. They can I said, ‘‘Oh, Mr. Ambassador, how a Republican issue or a Democrat pay this country $300 million of dam- many more Korean cars came in last issue; it is a test of our basic humanity ages because they can’t destroy the year as a result of the agreement?’’ and who we are as a human family. fishery with their pit mine. ‘‘Oh, I don’t have that number.’’ It is time to open our eyes and allow Now, the President is a smart guy, Well, of course he didn’t have the our consciences to catch up with our went to Harvard, but I consulted a lit- number. Well, he knows the number. It technology. It is time for the Members tle bit higher and smarter authority. is 461,000. of the United States Congress to open Last night, I was at a dinner with Jo- So we got 20,000 cars into Korea; they our eyes and our souls, to remember seph Stiglitz, Nobel Prize winning got 461,000 more into the U.S. That that protecting those who cannot pro- economist. He was on the Obama eco- means a net loss of 441,000 cars. That is tect themselves is why we are all here. nomic team when NAFTA was adopted. a heck of a lot of jobs lost in the auto It is time for all Americans, Mr. He said we made a huge mistake. We industry. Speaker, to open our eyes and our did not understand that this ISDS was This was a great day yesterday when hearts to the humanity of these little, creating a regulatory taking in a spe- the Senate slowed them down a little pain-capable unborn children of God cial court available only to corpora- bit, and as the American people learn and the inhumanity of what is being tions. We didn’t know that, and it more, we will stop them. done to them. opened the door on chapter 11 in The SPEAKER pro tempore. The f NAFTA. He says Obama is opening the Chair will remind Members to refrain door all the way and putting full force from engaging in personalities toward TRANS-PACIFIC PARTNERSHIP behind those provisions in this legisla- the President of the United States. The SPEAKER pro tempore. The tion. f Chair recognizes the gentleman from Bottom line, what he said? People NATIONAL POLICE WEEK Oregon (Mr. DEFAZIO) for 5 minutes. will die. People will die because of this Mr. DEFAZIO. Mr. Speaker, the provision in the TPP. It is a huge win The SPEAKER pro tempore. The President came to Oregon last week, for the pharmaceutical industry. They Chair recognizes the gentleman from and he has taken to insults and get to wipe out the formularies in New York (Mr. ZELDIN) for 5 minutes. misstatements of fact in order to get those countries, both developing and Mr. ZELDIN. Mr. Speaker, this week his trade promotion authority bill developed countries who are part of the we celebrate National Police Week, done, the Trans-Pacific Partnership. TPP, which lowers drug prices. They when we recognize the service and sac- He said, ‘‘Number four, critics warn will not be allowed under this agree- rifice of the brave men and women who that parts of this deal would under- ment, and they can go to a secret tri- have lost their lives in the line of duty mine American regulation, food safety, bunal to get damages if those countries while serving to protect us. worker safety, even financial regula- won’t revoke them. National Police Week began in 1962, tions. They are making this stuff up’’— It will wipe out access to generics in when President John F. Kennedy great applause from his audience. developing countries who are part of signed a proclamation designating May ‘‘This is not true. No trade agreement this agreement. That means AIDS 15 as Peace Officers Memorial Day and is going to force us to change our drugs and other things that they can’t the week in which that falls as Police laws.’’ afford, no longer generic—people will Week. Well, the President has sort of a die. The memorial service began in 1982 technical point there. He is a lawyer. as a gathering in Senate Park of ap- They can’t force us to change our laws. b 1030 proximately 120 survivors and sup- They can just make us pay to have Now, these are people overseas. porters of law enforcement. Decades them, and it has happened. Maybe we shouldn’t care so much. I do. later, National Police Week has grown

VerDate Sep 11 2014 23:31 May 13, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.005 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2885 to a series of events which attracts last night. And while we do not know I hope my colleagues will support thousands of survivors and law enforce- the cause of that accident, we do know this legislation to ensure that those ment officers to our Nation’s Capital that America desperately needs to in- Hmong veterans and their families re- each year. National Police Week draws vest in its infrastructure. ceive the proper recognition by pro- in between 25,000 and 40,000 partici- Yes, this week is National Infrastruc- viding them the burial rights that they pants. ture Week, and we have 6 legislative have earned. Again, it is long overdue. The National Peace Officers’ Memo- days left to fund America’s national There are less than 6,000 of them that rial Service, which is sponsored by the transportation system—6 days. For 2 are still alive today in America. I Grand Lodge of the Fraternal Order of years, we have been kicking this can think it is appropriate that we finally Police, is one in a series of events down the road, and I suspect we will honor them. which includes the candlelight vigil, find some temporary means of funding f which is sponsored by the National before the end of this month. However, Law Enforcement Officers Memorial America needs a long-term means of IN DEFENSE OF LIFE Fund, and seminars sponsored by Con- investing in its infrastructure, a long- The SPEAKER pro tempore. The cerns of Police Survivors. term means that will allow for 5 years Chair recognizes the gentleman from The attendees come from depart- of planning for investments in our West Virginia (Mr. MOONEY) for 5 min- ments throughout the United States as roads, our bridges, in our transit sys- utes. well as from agencies throughout the tems, in our railway systems, and in Mr. MOONEY of West Virginia. Mr. world. This provides a unique oppor- our water infrastructure. Speaker, I rise today to speak about an tunity to meet others who share a com- We are experiencing a terrible issue that I care deeply about: pro- mon brotherhood. drought out in California, and it is long tecting unborn babies. Our police force all around America overdue that we invest in California Later today, this body will vote on plays an essential role in our commu- and in America’s water systems. H.R. 36, the Pain-Capable Unborn Child nities, putting their lives on the line So as we acknowledge this week Protection Act. This legislation should every day to protect us. being National Infrastructure Week, it not be controversial. It simply protects Just last week, in my home State of is important that we remember that it unborn babies that a preponderance of New York, a member of the NYPD, 25- is long overdue that Congress come to- scientific evidence has proven can feel year-old Brian Moore from Long Is- gether in a bipartisan fashion to pro- pain. We are talking about the sixth land, was killed in the line of duty. I vide long-term funding that will allow month of pregnancy. would like to take this opportunity to long-term planning to provide the same This bill is an important step in pro- speak for so many fellow Long Island- kinds of investments that our parents tecting the unborn. I am a proud co- ers who want his family to know that and our grandparents made in this sponsor. I look forward to casting my Brian remains in our thoughts and our country years ago that we are living vote in favor of the legislation later prayers during this very difficult time. off of today. today. Marc Mogil, a Floridian and former THE HMONG VETERANS’ SERVICE RECOGNITION Recently, a group of students at West New Yorker, recently wrote to me very ACT Virginia University made news for cou- passionately, defending the law en- Mr. COSTA. In addition, Mr. Speak- rageously speaking out in defense of forcement community, stating in part: er, I rise to honor the service of Hmong life at an abortion clinic near Morgan- ‘‘Police officers merit our unwavering and Lao Americans who fought for the town. I know firsthand that it is not al- appreciation and support as loyal United States during the Vietnam war. ways politically correct to stand for Americans and our awareness of the The Central Intelligence Agency in your values, but we should never back traditional and touching parting words the 1960s covertly trained Hmong men down from protecting the unborn. almost always used amongst them: and women in Laos, and the Hmong I applaud these brave WVU students ‘stay safe.’ ’’ special guerilla unit was formed, other- for their actions. Their willingness to It is my strongly held belief that no wise known as the SGU. They directed stand for life reminds me of my days at child should grow up fearing or lacking them in the compact to support U.S. Dartmouth College, when I served as respect for law enforcement. And for forces. the president of the Dartmouth Coali- those who consider themselves to be These indigenous forces conducted di- tion for Life. I remember standing in protesters, who resort to violence and rect missions against communists, the cafeteria and handing out edu- stealing and burning down a church- fighting side-by-side American soldiers cational materials about protecting run senior center, you lose any shot of and saving countless American lives. the unborn and the development of life. moral high ground when you resort to That is why President Ford, in 1975, While I may not have won any popu- those tactics. It is so unfortunate that signed an executive order granting larity contest by standing up for my today, in our society, we have this these Hmong soldiers and their fami- beliefs that life is precious and abor- antipolice culture, with people acting lies the ability to gain access as per- tion is wrong, I sure got my fellow stu- with unjustified acts of violence manent residents for their service to dents thinking about the pro-life issue. against our police force. our country if they could make it to My pro-life commitment was ce- Our police serve and protect us to America, and many of them did. mented even further when I became a keep our communities and citizens More than 100,000 Hmong soldiers father. I have three children. And actu- safe. This week, we honor them for made the ultimate sacrifice. Today, ap- ally today, my youngest daughter their acts of selfless courage and lead- proximately 6,000 of those veterans are turns 7 months old. ership in our community. still with us. I am pleased to represent the State of f To honor and to recognize the service West Virginia, where the pro-life move- of these brave veterans, the gentleman ment is thriving, and the rights of the INVESTING IN AMERICA’S from California, Congressman PAUL unborn are being restored. In fact, just INFRASTRUCTURE COOK, and I will be reintroducing a bi- this past February, our West Virginia The SPEAKER pro tempore. The partisan piece of legislation, the State Legislature passed our own Pain- Chair recognizes the gentleman from Hmong Veterans’ Service Recognition Capable Unborn Protection Act by wide California (Mr. COSTA) for 5 minutes. Act. This legislation would allow the bipartisan margins. Mr. COSTA. Mr. Speaker, last night, burial of these Hmong veterans who In the State Senate of West Virginia, America witnessed a tragic accident live here today and their families in the exact same bill banning abortion that occurred when the Amtrak train national cemeteries, like the San Joa- after 20 weeks passed the State Senate going from Washington, D.C., to New quin Valley National Cemetery in of West Virginia by a vote of 29–5, with York derailed outside of Philadelphia. Merced County. 11 of 16 Democrat State senators in my We mourn the loss of lives and those This recognition is long overdue. We State—that is 68 percent of the Demo- that were injured, and our thoughts granted it to Filipino soldiers who crats—voting for the bill. In the West and prayers go to the families who fought side-by-side with American sol- Virginia State House of Delegates, the were involved in that tragic accident diers in World War II. vote was 88–12; again, with two-thirds

VerDate Sep 11 2014 06:26 May 14, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.007 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2886 CONGRESSIONAL RECORD — HOUSE May 13, 2015 of State house members that are by one of my constituents, Mark At- markets. The program introduces stu- Democrats voting for the bill. This is a kins. Along with Mark, more than 200 dents to economics, investing, and per- bipartisan issue. Delawareans over the past 3 weeks sent sonal finance in order to prepare them I am hopeful today that a strong bi- my offices photographs that dem- for financially independent futures. partisan majority in this Chamber will onstrate the importance of the Dela- Last week, I had the privilege of vis- follow the example of my home State ware River Basin to each of them. iting West Iredell High School in of West Virginia and pass the Pain-Ca- We received lots of beautiful photo- Statesville, North Carolina, where stu- pable Unborn Child Protection Act so graphs all along the river and bay, dents in Ms. Brooke Campbell’s per- these protections are extended to un- from upstate New York along the sonal finance class were wrapping up born babies in every State in the Pennsylvania and New Jersey side participation in the 12th annual Cap- United States. down to the bottom of the basin in the itol Hill Challenge. I am honored to also be the lead co- Delaware on both sides of the Delaware The Capitol Hill Challenge matches sponsor of the Life at Conception Act, River and Bay. Members of Congress with students, which simply clarifies that human life These photographs tell the story of teachers, and schools competing in the begins at conception. the basin as a home to wildlife—thriv- Stock Market Game. The 10 teams with There is no question that we, in the ing wildlife—in a very well populated the highest-ranked portfolios at the pro-life community, have our work cut area, as a spot for recreation like these end of the competition win a trip to out for us. President Obama and most rowers here in the photograph, and as a Washington, D.C. Democrats in Congress refuse to pro- place to enjoy natural beauty. It is Mr. Speaker, for 14 weeks, nine teams from West Iredell managed a hypo- tect life at any stage. truly a beautiful part of our great thetical $100,000 online portfolio and in- One of the best examples of how out country. This photo contest we have vested in real stocks, bonds, and mu- of touch the other side on this abortion used to draw support, interest, and at- tual funds. Unfortunately, no one from issue came just a few weeks ago across tention to our effort. I even did a little the school finished in the top 10, but the aisle in the Senate, where Demo- dance step which was caught on when the final results were tabulated crats were willing to block a bill aimed YouTube by my staff to promote this at the end of the competition, five of at protecting victims of human traf- initiative. the teams increased the value of their ficking simply because it included a The Delaware River Basin covers online portfolio. For high school stu- provision that prohibited taxpayer over 12,500 square miles from Delaware to upstate New York. It is home to dents with little to no experience in- funding of abortion. They are the ex- vesting, that is a significant accom- tremists on this issue. more than 8 million people, and the basin provides drinking water to over plishment. Look at President Obama, himself. In Four of the teams at West Iredell fin- 15 million people inside and outside the 2008, when he was running for President ished with less money than when they basin. This watershed is not only cul- and he was in a debate against JOHN started. However, they lost less than MCCAIN in the Saddleback Church turally and ecologically important, but $3,400 combined. As I said to the stu- forum moderated by Rick Warren, the it drives the economy of this important dents, even great investors like Warren moderator asked President Obama region in our country. Buffett aren’t bulletproof when it Mr. Speaker, the Delaware River when life began, and the President’s re- comes to the stock market. They may sponse was: ‘‘Whether you’re looking Basin Conservation Act would encour- call him the Oracle of Omaha, but even at it from a theological perspective or age restoration and protection of the Warren Buffett gets it wrong some- a scientific perspective, answering that basin through competitive grants and times. These students made an admi- question with specificity, you know, is public-private partnerships. We expect rable effort and learned important les- above my pay grade.’’ lots of partnerships among local gov- sons about the volatility of investing. The President of the United States ernments up and down all those States During the visit, Mr. Speaker, I also said it is above his pay grade to say and nongovernmental agencies like participated in a simulation with stu- when human life begins. That is a Ducks Unlimited, the Delaware Nature dents about the realities of money. Ev- shame. Society, and many others. eryone was assigned a job and a salary When I ran for Congress, I made the This legislation has cosponsors from with which to develop a budget and commitment to the people of the Sec- both sides of the aisle and every State make purchases. This former educator ond District of West Virginia that I in the basin—eight Democrats and nine was a teacher making $60,000 a year, a would do everything in my power to de- Republicans. When you consider the scenario that definitely hit close to fend the unborn. I continue to be guid- difficulties we have had in this Con- home. ed by my faith, my values, my edu- gress getting bipartisan support of any As part of the simulation, students cation, and my constituents on this bill, that speaks to the importance of had to purchase a new door for their issue. I look forward to working with the basin and to this bill. I want to house. If they paid cash for the door, my colleagues to defend the innocent thank each of those cosponsors for they discovered it would cost only $300. and give a voice to the voiceless un- their support. I look forward to work- However, if they bought the door on born babies. ing with them. credit with the terms and conditions So today, Mr. Speaker, I am asking f offered, they would pay nearly $800 for Congress to pass this legislation and the same door. Students learned impor- b 1045 protect and preserve the Delaware tant lessons about how interest is a River Basin so Americans from New THE DELAWARE RIVER BASIN double-edged sword. When you invest York State to the great State of Dela- CONSERVATION ACT your money, it gains interest. When ware can continue enjoying it for many you buy on credit, you pay interest. The SPEAKER pro tempore. The generations to come. West Iredell High School and Ms. Chair recognizes the gentleman from f Campbell are doing these students a Delaware (Mr. CARNEY) for 5 minutes. great service by teaching them the im- ENCOURAGING FINANCIAL RE- Mr. CARNEY. Mr. Speaker, I rise portance of financial literacy and en- SPONSIBILITY AT WEST today to urge my colleagues to pass suring they have a strong financial IREDELL HIGH SCHOOL the bipartisan Delaware River Basin education. It is my belief the lessons Conservation Act. Next to me is a The SPEAKER pro tempore. The they are learning in the classroom will beautiful photograph of the University Chair recognizes the gentlewoman from lead to careful and thoughtful decision- of Delaware crew team rowing along North Carolina (Ms. FOXX) for 5 min- making in the real world. the Christina River, a tributary within utes. f the Delaware River Basin. This site is Ms. FOXX. Mr. Speaker, each year, just outside the city of Wilmington, more than 600,000 students across all 50 THE APPROACHING MEDICAID Delaware’s largest city, just south of States play the SIFMA Foundation’s CLIFF IN PUERTO RICO the thriving riverfront development celebrated Stock Market Game, an on- The SPEAKER pro tempore. The and the Amtrak station. It was taken line simulation of the global capital Chair recognizes the gentleman from

VerDate Sep 11 2014 23:31 May 13, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.008 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2887 Puerto Rico (Mr. PIERLUISI) for 5 min- had to fight for it. But let me be clear. ery, Upholstery and Carpet Shops, and utes. Our funding is nowhere close to State- my association with all past and Mr. PIERLUISI. Mr. Speaker, earlier like treatment and remains deeply in- present individuals who have been part this week, I sent a letter to President equitable. of these groups. Sincerely this is my Obama regarding an approaching prob- Moreover, Mr. Speaker, this addi- proudest achievement.’’ lem that is unique to Puerto Rico and tional Medicaid funding for the terri- A small sample of the projects that the other U.S. territories and that can tories expires at the end of fiscal year Peter was involved with includes the be called the Medicaid funding cliff. 2019—the only coverage provision in construction of the Speaker’s Chair, This morning, I rise to advise my col- the law that sunsets in this manner. Madam Speaker. He also designed and leagues about this cliff, which each ter- The Puerto Rico Government has less managed the construction of the podi- ritory will reach by 2019 and which than $3.6 billion of its $6.3 billion in ums that we are using here on the Puerto Rico could reach by 2018 or even funding remaining. This is the cliff. It House floor, the sideboard for Speaker 2017. is coming, one way or another; it is Gingrich, the hand-painted humming- My goal is to ensure that Federal of- just a question of whether it will arrive bird desk for Speaker Foley, and the ficials have advance notice of the prob- in 2017, 2018, or 2019. If this pool of display cabinets for Leader Bob Michel. lem so we can begin working together funding is not replenished, Puerto Rico Examples of Peter’s superior talents, now on a fair, thoughtful, and bipar- will go back to receiving less than $400 along with his loyalty to this House, tisan plan to address this problem be- million a year. will live on for many years in the Cap- fore it arrives. Timely action is crit- In the coming months, I will con- itol and in the House Office Buildings. ical. Inaction would be unacceptable tinue to brief Federal officials on this His artistic approach to furniture de- from a moral and public policy perspec- subject. I will explain how inaction will sign added a special touch that few tive. deepen the current health, migration, craftsmen possess. He was truly dedi- Let me outline the problem. The ter- and fiscal crisis in Puerto Rico, and cated to his art and the talented indi- ritories are treated unequally under why action is not only in Puerto Rico’s viduals whom he mentored along the Medicaid, which is funded in part by interest, but also in the national inter- way. the Federal Government and in part by est. In short, I will fight as hard to con- Madam Speaker, he will surely be each State or territory government. In tinue this essential funding as I fought missed by his peers who knew and loved him as well as by the entire the States and D.C., Medicaid is an in- to obtain it in the first place. House community. Peter is survived by dividual entitlement, meaning there is f no limit on the amount of funding the his wife, Jennifer; their son, Walker; Federal Government will provide so IN RECOGNITION OF PETER SHIP- stepson, Derek; brother, Tourne; and long as the State in question provides MAN, CRAFTSMAN FOR THE CAP- sisters, Carie, Airlie, and Mellick. Our its share of matching funds. The Fed- ITOL thoughts and prayers are with his fam- eral contribution, known as FMAP, can The SPEAKER pro tempore (Ms. ily and his colleagues who continue his tradition of beautiful craftsmanship range from 50 percent in the case of the FOXX). The Chair recognizes the gen- today. wealthiest States to 83 percent in the tleman from Illinois (Mr. DOLD) for 5 poorest States. minutes. f By contrast, Mr. Speaker, there is an Mr. DOLD. Madam Speaker, I rise RECESS today to honor the life of Peter Ship- annual ceiling on Federal funding for The SPEAKER pro tempore. Pursu- man and his many accomplishments the Medicaid program in each terri- ant to clause 12(a) of rule I, the Chair tory. When I took office in 2009, Puerto for this great institution and his com- declares the House in recess until noon Rico—home to 3.5 million American munity. He is one of the many unsung today. citizens—was subject to a ceiling of champions of this body who kept the Accordingly (at 10 o’clock and 59 $280 million a year and had the min- House running over the course of his minutes a.m.), the House stood in imum statutory FMAP of 50 percent. career. recess. Indeed, because of the annual ceiling, Peter began his career for the United f our true FMAP was less than 20 per- States House of Representatives on No- cent a year. Puerto Rico was spending vember 1, 1979, shortly after graduating b 1200 more than $1.4 billion in territory from VCU with a degree in arts, spe- AFTER RECESS cializing in furniture making and de- funds each year to provide healthcare The recess having expired, the House sign. services to about 1.2 million low-in- was called to order by the Speaker pro come beneficiaries and receiving only Peter soon established himself as a tempore (Mr. PAULSEN) at noon. $280 million from the Federal Govern- highly regarded craftsman among a ment. shop of senior cabinetmakers. As his f To place this in context, consider passion and talent for his craft became PRAYER Mississippi, which has a 73 percent apparent, he soon earned the role of Reverend Larry Kendrick, Archer’s FMAP. In 2014, Mississippi—home to producing more high-profile projects. Chapel United Methodist Church, fewer people than Puerto Rico—paid Peter’s drive for perfection, cre- Brownsville, Tennessee, offered the fol- $1.3 billion in State funds and received ativity, and attention to unique details lowing prayer: $3.6 billion in Federal funds. Or take were second to none. Many of his co- Father God, we place before Your Oregon with a 63 percent FMAP which workers still are using his techniques throne of grace this day the United paid $1.8 billion in State funds and re- today. From the time he became shop States of America and its government. ceived $5 billion in Federal funds. foreman until his retirement, Peter Father, in Your Word, we are told Again, Puerto Rico was receiving just had a hand in the design of most of the that You reprove leaders for our sakes $280 million a year. pieces of newly constructed furniture so that we may live a quiet and a The Affordable Care Act provided a built by the craftsmen in the Cabinet peaceable life in godliness and honesty. total of $7.3 billion in additional Med- Shop. His hard work and dedication to O God, as You anointed leaders and icaid funding for the five territories, his craft and to this House earned him called prophets of old, lead us to recog- with Puerto Rico receiving $6.3 billion the much sought-after job of shop fore- nize our true representatives and au- of that amount. Each territory’s FMAP man in 2001 and, indeed, manager of the thentic leaders, men and women who was also increased from 50 percent to 55 shop in 2007. love Your people, who walk with and percent. The result is that, instead of Upon his retirement in 2012, Peter among them, who feel their pain and receiving about $300 million a year was asked about his proudest accom- share their joys, who dream their from the Federal Government, Puerto plishments during his service here in dreams and strive to help them achieve Rico now draws down about $1.1 billion the United States House of Representa- their common goal. to $1.3 billion annually. tives. Peter said he was ‘‘proudest of In Your spirit, empower us to serve That is a major increase, and I can the individuals who have made up the Your people, to bring praise and glory not adequately express how hard we Cabinet Shop, Finishing Shop, Drap- to Your name.

VerDate Sep 11 2014 23:31 May 13, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.010 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2888 CONGRESSIONAL RECORD — HOUSE May 13, 2015 We believe today that the hearts of for 1-minute speeches on each side of Last year, Congress provided funding these leaders are in Your hands, and the aisle. for the VA to hire more physician spe- their decisions will be divinely directed f cialists. It was a good first step, but of the Lord. making sure the VA has the resources RECOGNIZING AN UNSUNG HERO Amen. to care for our veterans is a sacred re- f (Mr. BOST asked and was given per- sponsibility that will require our at- mission to address the House for 1 tention this year and for many years to THE JOURNAL minute.) come. The SPEAKER pro tempore. The Mr. BOST. Mr. Speaker, sometimes, a f Chair has examined the Journal of the tragedy has to happen for us to recog- last day’s proceedings and announces nize unsung heroes. SOUTH CAROLINA HEROES ON THE to the House his approval thereof. On Monday, I received word that HONOR FLIGHT TO WASHINGTON Pursuant to clause 1, rule I, the Jour- Lowell Ensel had passed away. Lowell (Mr. WILSON of South Carolina nal stands approved. was an intern here in our D.C. office for asked and was given permission to ad- Mr. WILSON of South Carolina. Mr. the past 3 months. His passing was sud- dress the House for 1 minute and to re- Speaker, pursuant to clause 1, rule I, I den; it was unexpected, and it was vise and extend his remarks.) demand a vote on agreeing to the painful to our entire office family. Mr. WILSON of South Carolina. Mr. Speaker’s approval of the Journal. He was just 20 years old; but, while Speaker, this morning, I was especially The SPEAKER pro tempore. The Lowell’s years have been short, his grateful to meet the Honor Flight question is on the Speaker’s approval reach was very long. That was reflected members from South Carolina during of the Journal. when over 200 students attended a vigil their trip to Washington. These World The question was taken; and the earlier this week at the University of War II and Korean war veterans are he- Speaker pro tempore announced that Maryland. roes for their honorable service in de- the ayes appeared to have it. Lowell’s love of life had a big impact fense of American families. Mr. WILSON of South Carolina. Mr. on our office as well. He handled every I appreciate the Honor Flight net- Speaker, I object to the vote on the project we gave him with a positive at- work, coordinated by Bill Dukes, for ground that a quorum is not present titude and a smile on his face. enabling these veterans the oppor- and make the point of order that a I offer my thoughts and prayers to tunity to visit the memorials built to quorum is not present. Lowell’s parents, Ellen and Fendwick, honor their service and sacrifices. The SPEAKER pro tempore. Pursu- as well as his extended family and I was privileged to visit with Medal ant to clause 8, rule XX, further pro- countless friends during this time of of Honor recipient Corporal Kyle Car- ceedings on this question will be post- suffering, as difficult as it is. penter, a constituent and resident of poned. To my colleagues, I know that each Lexington, whose service and heroic The point of no quorum is considered one of you have special people like actions in the United States Marine withdrawn. Lowell in your office. These are young Corps during Operation Enduring Free- f people who work long hours for little dom saved the lives of countless Amer- PLEDGE OF ALLEGIANCE or no pay because they want to make a icans. difference in this country. I have no doubt that, because of Cor- The SPEAKER pro tempore. Will the In honor of Lowell, please take a mo- poral Carpenter’s service, American gentleman from North Carolina (Mr. ment and thank these unsung heroes families are more secure. Thank you, PITTENGER) come forward and lead the that work in our offices every day. Kyle. And I thank all of the Honor House in the Pledge of Allegiance. Flight veterans who are visiting today, Mr. PITTENGER led the Pledge of f and thank all the veterans and mili- Allegiance as follows: FUNDING THE VA IS A SACRED tary families in South Carolina and RESPONSIBILITY I pledge allegiance to the Flag of the across our Nation for your dedication United States of America, and to the Repub- (Mr. HIGGINS asked and was given to America. lic for which it stands, one nation under God, permission to address the House for 1 indivisible, with liberty and justice for all. In conclusion, God bless our troops, minute.) and the President by his actions should f Mr. HIGGINS. Mr. Speaker, recently, never forget September the 11th in the WELCOMING REVEREND LARRY I met with two veterans and their fam- global war on terrorism. KENDRICK ilies who traveled to Buffalo for med- Our sympathy to the family of Low- The SPEAKER pro tempore. Without ical treatment. Initially, I thought ell Ensel. objection, the gentleman from Ten- they were receiving care at our highly- f nessee (Mr. FINCHER) is recognized for 1 regarded VA hospital, but in fact, they were brought to Buffalo by Operation RECOGNIZING MAY 2015 AS minute. STROKE AWARENESS MONTH There was no objection. Backbone, an organization that works Mr. FINCHER. Mr. Speaker, I rise with private doctors to provide spe- (Mrs. BEATTY asked and was given today in support of the pastor who gave cialty care that is not available within permission to address the House for 1 our opening prayer this morning, the VA system. minute.) Brother Larry Kendrick, who preaches The families expressed frustration Mrs. BEATTY. Mr. Speaker, I rise at my home church, Archer’s Chapel that they could not obtain through the today to highlight my introduction of United Methodist Church in Frog VA the highly specialized and efficient H. Res. 256, a resolution to recognize Jump, Tennessee. care they were receiving in Buffalo. It May 2015 as Stroke Awareness Month. I just want to tell him how much we was not until Operation Backbone ar- Mr. Speaker, I proudly stand here appreciate his service to the kingdom. ranged their treatments and the Buf- today because of our Nation’s commit- His wife and daughter, Karen and falo Sabres hockey team facilitated re- ment to greater awareness about Vicki, are here with him also—and covery that these men received the stroke and funding to find treatments their service to God’s kingdom—and we care they needed. for stroke survivors. wish them the best. I commend Operation Backbone and Stroke is the fifth leading cause of God always be with you. Thank you the Buffalo Sabres for their commit- death in the United States, killing for coming today and opening us up ment to our veterans, but their work is nearly 130,000 Americans per year. On with prayer. necessary only because Congress is fail- average, someone in the United States f ing in its responsibility to these men has a stroke every 40 seconds, while and women. When we ask our service- one American dies of stroke every 4 ANNOUNCEMENT BY THE SPEAKER members to put their bodies on the minutes. PRO TEMPORE line, we incur a moral obligation to get In light of these sobering statistics, I The SPEAKER pro tempore. The them the best possible care when in- am reintroducing my resolution recog- Chair will entertain up to 15 requests jury occurs. nizing May as Stroke Awareness

VerDate Sep 11 2014 01:39 May 14, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.011 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2889 Month. This resolution strives to en- The roads, bridges, and transit Amer- Rhode Island could lose $200 million in hance public awareness, urges contin- ica most needs can’t even be started Federal funding, $3 million in Federal ued coordination and cooperation be- with short-term patch funding. The transit funding, and 1,689 jobs, and 40 tween researchers and families, and ad- people are leading us to their roads and infrastructure projects are at risk. vocates for improved treatment for in- bridges. Some on the other side of the aisle dividuals who suffer stroke. It is time we followed, Mr. Speaker. have suggested that we should pass an- Mr. Speaker, together, we can com- f other short-term patch rather than a bat this devastating illness and work long-term solution to the highway together toward long-term solutions to HONORING CHARLOTTE-MECKLEN- trust fund. If we are serious about re- prevent and treat and improve the lives BURG POLICE OFFICERS HARLAN building our economy, we need to be of those suffering from strokes. PROCTOR, ASHLEY BROWN, AND able to move goods, services, and infor- I am a stroke survivor, and I ask my SCOTT EVETT mation to compete in the 21st century. colleagues to join me in recognizing (Mr. PITTENGER asked and was It is critical that we pass a long-term May as Stroke Awareness Month. given permission to address the House reauthorization of the highway trust f for 1 minute and to revise and extend fund that provides the resources we IN SUPPORT OF THE PAIN-CAPA- his remarks.) need to rebuild our crumbling bridges, BLE UNBORN CHILD PROTECTION Mr. PITTENGER. Mr. Speaker, I rise roads, and schools and helps create ACT today in honor of Charlotte-Mecklen- good-paying jobs for hard-working Americans. Our constituents deserve (Mr. PITTS asked and was given per- burg Police Officers Harlan Proctor, nothing less, and our economic recov- mission to address the House for 1 Ashley Brown, and Scott Evett, three ery requires this. minute and to revise and extend his re- officers who serve and protect our com- marks.) munity. f Mr. PITTS. Mr. Speaker, I rise today In the aftermath of a recent tragic INTRODUCING THE TREAT AND in support of the Pain-Capable Unborn domestic violence homicide and arson, REDUCE OBESITY ACT Child Protection Act, which would re- Officer Proctor was assigned to drive (Mr. PAULSEN asked and was given strict the practice of abortion after the the victim’s children to the police sta- permission to address the House for 1 sixth month of an unborn child’s life. tion and listened attentively as the Today marks the second anniversary children discussed losing everything, minute and to revise and extend his re- of the conviction of Dr. Kermit Gosnell including an 8-year-old’s favorite dress. marks.) of Pennsylvania, who ran a late-term Officers Proctor, Brown, and Evett Mr. PAULSEN. Mr. Speaker, with abortion mill in Philadelphia. Despite thoughtfully contacted Target to track one in four seniors in America afflicted media silence about the case, we were down that favorite dress and, with do- with obesity at a price of $50 billion a able to learn that Dr. Gosnell regularly nations from these officers and Target, year to Medicare, it is apparent that delivered third-trimester babies and were able to provide clothes, toys, and any attempts to put Medicare on a then snipped their spinal cords, their gift cards to help the family recover in sound financial path must deal with necks, with scissors. this distressing time. this disease. That is why I am intro- He used unclean instruments, spread- Mr. Speaker, I ask all my colleagues ducing the Treat and Reduce Obesity ing infections among the women he to join me in thanking Officers Proc- Act. The bill removes the exclusion for treated, hospitalizing many of them, if tor, Evett, and Brown for their humble Medicare part D for covering drugs he even allowed an ambulance to be act of service and to thank all of the that treat and reduce obesity and called. Most of his victims were poor. brave and dedicated police officers makes more treatment options avail- One mother, a Ms. Mongar, died in the across the United States who put their able for our seniors. process. lives on the line to protect each and When Medicare part D was created in It seems that some Members of this every one of us every day and still 2006, there were no widely accepted body want to regulate things like make time to perform thoughtful acts FDA-approved obesity drugs on the lightbulbs and rainwater and farm of kindness in our communities. market, so they were declared exempt dust, but leave women helpless before May God bless them. from coverage. However, with signifi- cant medical advances, a number of the Dr. Gosnells of the world, late-term f abortionists driven by profit, FDA-approved weight loss drugs are undeterred by the painful death of b 1215 now available, and our Medicare rules should reflect that. countless innocent lives. HIGHWAY AND TRANSIT TRUST Mr. Speaker, obesity is responsible We must protect these women and FUND children by passing the bill. for nearly 20 percent of the increase in (Mr. CICILLINE asked and was given f our health care spending over the last permission to address the House for 1 two decades, and it is time we take ac- WE ARE STARVING OUR NATION’S minute.) tion to target, treat, and reduce obe- INFRASTRUCTURE Mr. CICILLINE. Mr. Speaker, before I sity. (Ms. NORTON asked and was given begin, I want to offer my condolences f permission to address the House for 1 to everyone who was affected by the HONORING PRINCIPAL MICHAEL P. minute and to revise and extend her re- derailment of Amtrak train 188 yester- O’MALLEY marks.) day. The victims and their loved ones Ms. NORTON. Mr. Speaker, the ma- are in our thoughts and prayers today. (Ms. KUSTER asked and was given jority has found a new way to keep This week, Mr. Speaker, is National permission to address the House for 1 from funding a long-term surface Infrastructure Week. I rise today to minute and to revise and extend her re- transportation bill within 6 days: keep underscore the importance of a long- marks.) passing short-term patches. As a re- term reauthorization for the highway Ms. KUSTER. Mr. Speaker, today I sult, we are starving the Nation’s in- and transit trust fund so we can ad- rise to honor the achievements of an frastructure. dress the urgent responsibility to re- extraordinary educator from my dis- Twenty-three States are so desperate pair and rebuild our roads, bridges, trict. Michael O’Malley will retire next that they have either raised their ports, and transit systems. month after 40 years of service, 30 of State gas taxes or are in the process; There are just 6 legislative days re- which he spent as a social studies still, the states are screaming for Con- maining until the expiration of the teacher and soccer coach before becom- gress to have the guts to do the same. highway trust fund. We are putting at ing principal at Newfound Regional State gas taxes were meant to partner risk 6,000 infrastructure projects and High School in Bristol, New Hamp- with the Federal tax. States can’t do it more than 600,000 jobs. shire. alone. The States have shown that the The American Association of State Under his leadership, the school has public understands the gas tax is a user Highway and Transportation Officials been named the New Hampshire Sec- fee. estimates that my home State of ondary School of Excellence in 2010,

VerDate Sep 11 2014 01:39 May 14, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.013 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2890 CONGRESSIONAL RECORD — HOUSE May 13, 2015 and the State Association of Secondary about the suffering of a woman and her HONORING OFFICER STEPHEN School Principals twice honored Mr. family, knowing that her pregnancy ARKELL O’Malley as an ‘‘outstanding role will end in tragedy because her doctor (Mr. GUINTA asked and was given model.’’ Even Education Week took no- would be sent to jail for saving her life? permission to address the House for 1 tice, recognizing the school for its ac- Mr. Speaker, enough is enough. minute and to revise and extend his re- complishments under Mr. O’Malley’s f marks.) guidance. NATIONAL POLICE WEEK Mr. GUINTA. Mr. Speaker, I rise Mr. O’Malley has made a difference today to honor Granite State hero and beyond Newfound High School as well, (Mr. BILIRAKIS asked and was given fallen police officer Stephen Arkell of through his work with the New Eng- permission to address the House for 1 Brentwood New Hampshire. land Association of Schools and Col- minute and to revise and extend his re- This time last year, the State of New leges and the Center for Secondary marks.) Hampshire lost a true Granite State School Redesign. Mr. BILIRAKIS. Mr. Speaker, this hero. During this time of great sadness, Every student deserves a principal week is National Police Week. we remember and celebrate the life of like Mr. O’Malley, one who is pas- Every day law enforcement officials not only a tremendous police officer, sionate about learning and committed put their lives on the line to keep our but also a father, brother, master car- to building relationships with students, communities safe. Sadly, in my dis- penter, coach, and friend. while maintaining a focus on edu- trict, Tarpon Springs Police Officer Arkell devoted his life to protecting cational innovation at the same time. Charles ‘‘Charlie K’’ Kondek was shot our families and our communities, and As we continue our efforts to in- and killed right before Christmas as he ultimately died in the line of duty crease access to high-quality edu- patrolled the streets on the midnight while responding to a domestic vio- cation, let’s look to educators like Mr. shift, while the rest of us slept securely lence dispute. O’Malley as examples of what dedi- in our homes. As his family, friends, neighbors, and cated schoolteachers can accomplish. Police officers don’t have a typical fellow police officers knew, Arkell was f day. On average, an officer dies in the really one of a kind. The bravery and line of duty every 58 hours—150 deaths REFUNDABLE CHILD TAX CREDIT compassion he demonstrated during his per year. 15 years of service are not—and will ELIGIBILITY VERIFICATION RE- This week and every day, we should FORM ACT not—be forgotten. be thankful for the good that police of- It takes a remarkable individual like (Mr. SAM JOHNSON of Texas asked ficers do for our communities. Let’s Stephen Arkell to risk their life daily and was given permission to address never forget the sacrifices of Officer to keep us safe and protect us from the House for 1 minute and to revise Kondek and others who have fallen in harm. So let us take a moment today and extend his remarks.) the line of duty, and let’s be thankful and pause, reflect, and celebrate the Mr. SAM JOHNSON of Texas. Mr. for those who keep our communities life and valor of Officer Arkell. He put Speaker, it is no secret that a majority safe. God bless them. his life on the line to protect the Gran- of Americans oppose Obama’s amnesty, f ite State, and we are forever grateful. and I have been fighting against it JOINT ECONOMIC COMMITTEE f from day one. As part of my ongoing MOTHER’S DAY REPORT effort to combat Obama’s amnesty, I ISSUES OF THE DAY am reintroducing my bill to stop (Mrs. CAROLYN B. MALONEY of (Ms. JACKSON LEE asked and was illegals from claiming the refundable New York asked and was given permis- given permission to address the House child tax credit. sion to address the House for 1 minute.) for 1 minute.) Right now, the IRS does not require Mrs. CAROLYN B. MALONEY of New Ms. JACKSON LEE. Mr. Speaker, I Social Security numbers for this cred- York. Mr. Speaker, another Mother’s rise today to really speak to the Amer- it. The inspector general said that as a Day has come and gone, and millions of ican people. result, illegals can get thousands of Americans took time out to express First, let me say that I join my col- dollars from the IRS. It is no surprise their gratitude to their mothers for all leagues in standing, again, on Wednes- that it also encourages more illegals to the wonderful things they do. But some day to ask to bring the girls back and come here. To stop this, my bill re- still have an outdated picture in their to ask that the dastardly group of quires individuals to provide their So- minds of their mothers spending all Boko Haram be brought to justice im- cial Security number if they want to their time home baking cookies when, mediately and that they cease their vi- claim the tax credit. more typically, American mothers are olence in Nigeria. Last year, the House passed this at a job bringing home the bacon. I also stand today to ask the incred- measure, which was estimated to save According to a Mother’s Day report ible question: How can we put on the taxpayers $24.5 billion. This is a com- produced by the Joint Economic Com- floor of the House H.R. 36, the Pain-Ca- monsense bill Americans want, need, mittee, the typical American family pable Unborn Child Protection Act, and deserve. Let’s get it done. has changed dramatically over the last which is merely a disregard, disrespect f 50 years, and fewer than one in five for the Constitution and a woman’s families match the old stereotype of right to choice. I look forward to a vig- PAIN-CAPABLE UNBORN CHILD the father at the job and the mom at orous debate, standing on the side of ACT home. Today, fully 70 percent of moth- the Constitution. (Ms. FRANKEL of Florida asked and ers are in the labor force because they But as I look today, I also realize was given permission to address the have to be in the labor force to provide that more of Congress’ work is not House for 1 minute and to revise and for their families. done. While we are dealing with vio- extend her remarks.) Our lives have changed dramatically, lating women’s rights, we are not deal- Ms. FRANKEL of Florida. Mr. Speak- but our public policies haven’t kept ing with the highway trust fund bill. er, I rise in opposition to the Pain-Ca- pace with these changes. For instance, In my own county of Harris, there pable Unborn Child Act. the United States and Papua New are 3,616 bridges, and 1,559 of them are Mr. Speaker, enough is enough. An- Guinea are the only two countries in deficient. Our citizens are driving over other painful piece of legislation in- the world—the only two in the world— bridges that are destroying the econ- flicted on the women of this country by that do not provide paid leave for the omy, destroying their cars, and stop- people who don’t believe we are smart birth of a child. ping them from moving about the com- enough or moral enough to make our So before another Mother’s Day rolls munity in the way that they should. own life-changing decisions. around, let’s give mothers something Mothers and fathers and car-poolers You want to talk about pain? Let’s they really want: policies that allow and workers are trying to get to work. talk about the agony of a woman who them to hold well-paying jobs so that The total deficiency is 43 percent. is raped and again violated by unneces- they can help provide for their fami- When are we going to get a long-term sary government intrusion. Or what lies. infrastructure bill? When are we going

VerDate Sep 11 2014 01:39 May 14, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.014 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2891 to stand up as Americans and not Re- Mr. Speaker, I strongly urge my col- added, some are taken off. He has actu- publicans and Democrats? Democrats leagues in Congress to quickly extend ally earned 140 merit badges. want to stand up with Americans to the highway trust fund. We only have Eagle Scouts, Mr. Speaker, are some pass a long-term infrastructure bill. another 6 legislative days. Jobs, eco- of the top 4 percent of Scouts across f nomic strength, and the safety and the country. Nick’s accomplishments health of our transportation system put him among the top handful of PAIN-CAPABLE UNBORN CHILD are at stake. Eagle Scouts in the entire Nation. PROTECTION ACT f He is so incredibly accomplished for (Mr. THOMPSON of Pennsylvania a young man of his age, and this asked and was given permission to ad- b 1230 achievement demonstrates his personal dress the House for 1 minute and to re- CALLING FOR A LONG-TERM dedication and moral fortitude. Mr. vise and extend his remarks.) TRANSPORTATION FUNDING Speaker, I have known Nick personally Mr. THOMPSON of Pennsylvania. BILL TO FIX OUR NATION’S IN- for many years, and I am incredibly Mr. Speaker, I rise today in support of FRASTRUCTURE proud of this awesome accomplish- H.R. 36, the Pain-Capable Unborn Child ment. Mr. Speaker, I offer my sincere (Ms. HAHN asked and was given per- Protection Act, which is expected to be congratulations to Nick and wish him mission to address the House for 1 voted on later today. This legislation, the best as he starts college this fall at minute.) which is based on substantial scientific my alma mater, Denison University. Ms. HAHN. Mr. Speaker, as we cele- evidence, establishes Federal legal pro- f tection for unborn children at 20 brate national Infrastructure Week weeks, with limited exceptions in the here in this country, I urge my col- EXPORT-IMPORT BANK case of rape or incest. leagues across the aisle to work with (Mr. ASHFORD asked and was given Mr. Speaker, I believe this to be one us to develop a sensible, long-term so- permission to address the House for 1 of the human rights issues of our day. lution to fix this trust fund and put an minute.) It has been scientifically proven that end to our infrastructure crisis. Mr. ASHFORD. Mr. Speaker, I rise the unborn feel pain at 20 weeks and We need reliable roads, highways, today to express my unwavering sup- are, in many cases, capable of living and bridges to keep our economy mov- port for the Export-Import Bank of the outside of the womb. I remain greatly ing, and for almost 60 years we have de- United States and its chairman, Fred concerned that the United States of pended on the highway trust fund to Hochberg. America continues to be one of the few make necessary repairs to our Nation’s In fiscal year 2014 alone, the Ex-Im countries in the world that allows for deteriorating infrastructure. However, Bank supported approximately $107 abortions this far into pregnancy. the gas tax hasn’t been raised in 20 million in Nebraska exports. As the This commonsense legislation, which years and no longer generates enough bank looks to extend its charter is supported by 60 percent of all Ameri- revenue to meet our needs. through the end of 2022, Chairman cans, seeks to correct this injustice. I The highway trust fund faces a seri- Hochberg graciously accepted my invi- am proud to be a cosponsor of H.R. 36, ous and immediate funding shortage. tation to come to Omaha, where he re- and I urge my colleagues to join me The deadline to fix this is just weeks cently sat down with several of the Ne- and vote to protect the lives of the un- away—just 6 legislative days. So unless braska firms which work hand-in-hand born. we act now, construction projects with the Ex-Im Bank. across the country will come to a f Mr. Speaker, I also wish to express standstill, putting the jobs of 600,000 my support for the many Nebraska HIGHWAY TRUST FUND American workers on the line. Paving firms who work for the bank. Among (Mr. PALLONE asked and was given our highways and keeping our bridges these are Chief Industries of Kearney, permission to address the House for 1 safe and reliable is one of the most Nebraska, which manufactures grain minute.) basic jobs of Congress. We have until storage systems and employs 245 full- Mr. PALLONE. Mr. Speaker, on Mon- May 31 to figure this out. Failing is not time workers. For the last 15 years, day I held a press conference at a an option. Chief Industries has worked with the bridge in Perth Amboy, in my district, f bank to increase its export sales by to highlight the dire need to renew the 1,000 percent. That’s right, 1,000 per- RECOGNIZING THE ACCOMPLISH- highway trust fund before it expires at cent. It is this kind of success story MENTS OF NICK PELLAR, EAGLE the end of this month. This bridge, like which makes clear the significant con- SCOUT thousands of other bridges and roads tribution which the Ex-Im Bank makes throughout the country, is in dire need (Mr. DOLD asked and was given per- to our Nation’s economy. of repair. mission to address the House for 1 Among these contributions are the And let me be as clear as I can be: minute.) 1.3 million American jobs the bank has unless Republicans in Congress join Mr. DOLD. Mr. Speaker, I rise today helped create since 2009, while reducing with Democrats in our commitment to to recognize the accomplishments of the Federal deficit alone by $7 billion invest in our Nation’s infrastructure, Nick Pellar. Nick is an Eagle Scout in over the last 20 years. not only will our roads and bridges Troop 13 and is a senior at New Trier f continue to deteriorate, jobs will be High School in north suburban Illinois. lost, and the economy will suffer. Mr. Speaker, as you know, the Boy BRING BACK OUR GIRLS Ever since Republicans took control Scouts of America is the Nation’s larg- (Ms. WILSON of Florida asked and of the House in January 2011, they have est and most prominent values-based was given permission to address the shown neglect and indifference towards youth development organization. The House for 1 minute.) the Nation’s infrastructure needs. In Boy Scouts provide a program for Ms. WILSON of Florida. Madam fact, since Republicans assumed the young people that builds character, Speaker, it has been over a year since majority in January 2011, the Repub- trains them in the responsibilities of the Chibok girls were stolen from their lican-led Ways and Means Committee participating in citizenship, and devel- families by Boko Haram. Today I have has not held a single hearing on financ- ops personal fitness. asked my fellow Congresswomen to ing options for the highway trust fund. Nick embodies all of these ideals and join me in wearing red on Wednesdays. All this, despite the U.S. being ranked more. Mr. Speaker, Nick recently Wear red in solidarity with the moth- 16th in quality of infrastructure, be- earned his 140th merit badge. That ers and sisters who fear their stolen hind Switzerland, the United Arab means not only does Nick have every daughters and sisters have been sexu- Emirates, Japan, and others, according single badge available, he actually has ally assaulted and sold into slavery. to the World Economic Forum; and the earned seven more than you can get Soldiers are beginning to capture country received a D-plus from civil today. As Scouts go into the program abandoned Nigerian women and girls. engineers for our infrastructure na- today, there are only 133 available So far, not one is a Chibok schoolgirl. tionwide. merit badges. As merit badges are So we will continue our advocacy.

VerDate Sep 11 2014 01:39 May 14, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.016 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2892 CONGRESSIONAL RECORD — HOUSE May 13, 2015 This week, Madam Speaker, I have PROVIDING FOR CONSIDERATION and controlled by the chair and ranking mi- also asked the gentlemen of Congress OF H.R. 1735, NATIONAL DEFENSE nority member of the Committee on the Ju- to join us in wearing red on Wednes- AUTHORIZATION ACT FOR FIS- diciary; and (2) one motion to recommit with or without instructions. days. Wear red in solidarity with the CAL YEAR 2016; PROVIDING FOR SEC. 4. It shall be in order at any time on fathers and brothers who fear their CONSIDERATION OF H.R. 36, the legislative day of May 14, 2015, or May 15, daughters and sisters are being phys- PAIN-CAPABLE UNBORN CHILD 2015, for the Speaker to entertain motions ically abused and have been married off PROTECTION ACT; PROVIDING that the House suspend the rules as though against their will. FOR CONSIDERATION OF H.R. under clause 1 of rule XV. The Speaker or his Until they have returned, we will 2048, USA FREEDOM ACT OF 2015; designee shall consult with the Minority continue to wear red on Wednesdays in AND PROVIDING FOR CONSIDER- Leader or her designee on the designation of any matter for consideration pursuant to solidarity with their families. We will ATION OF MOTIONS TO SUSPEND this section. continue to tweet, tweet, tweet THE RULES The SPEAKER pro tempore. The gen- #bringbackourgirls, tweet, tweet, Ms. FOXX. Madam Speaker, by direc- tlewoman from North Carolina is rec- tweet #joinrepwilson. tion of the Committee on Rules, I call ognized for 1 hour. f up House Resolution 255 and ask for its Ms. FOXX. Madam Speaker, for the immediate consideration. purpose of debate only, I yield the cus- PAIN-CAPABLE UNBORN CHILD The Clerk read the resolution, as fol- PROTECTION ACT tomary 30 minutes to the gentlewoman lows: from New York (Ms. SLAUGHTER), pend- (Ms. ADAMS asked and was given H. RES. 255 ing which I yield myself such time as I permission to address the House for 1 Resolved, That at any time after the adop- may consume. During consideration of minute.) tion of this resolution the Speaker may, pur- this resolution, all time yielded is for Ms. ADAMS. Madam Speaker, today suant to clause 2(b) of rule XVIII, declare the the purpose of debate only. House resolved into the Committee of the I rise against H.R. 36, the Pain-Capable GENERAL LEAVE Unborn Child Protection Act, which Whole House on the state of the Union for consideration of the bill (H.R. 1735) to au- Ms. FOXX. Madam Speaker, I ask should be called the Painful and Op- thorize appropriations for fiscal year 2016 for unanimous consent that all Members pressive to Women Act. military activities of the Department of De- have 5 legislative days to revise and ex- In January, women of the Republican fense and for military construction, to pre- tend their remarks. Conference were so appalled by H.R. 36 scribe military personnel strengths for such The SPEAKER pro tempore. Is there they blocked it from coming to the fiscal year, and for other purposes. The first objection to the request of the gentle- floor. Four months later it is back. reading of the bill shall be dispensed with. woman from North Carolina? Shameful. All points of order against consideration of There was no objection. the bill are waived. General debate shall be Ms. FOXX. Madam Speaker, House Madam Speaker, the changes Repub- confined to the bill and shall not exceed one licans have made to this legislation are hour equally divided and controlled by the Resolution 255 provides for general de- mere smokescreens and have done chair and ranking minority member of the bate for H.R. 1735, the National Defense nothing to alleviate the burdens placed Committee on Armed Services. After general Authorization Act for Fiscal Year 2016; on women who are already grappling debate, the Committee of the Whole shall provides for a closed rule for consider- with the hard decision of whether or rise without motion. No further consider- ation of H.R. 36, the Pain-Capable Un- not to terminate a pregnancy. ation of the bill shall be in order except pur- born Child Protection Act; and pro- suant to a subsequent order of the House. vides for a closed rule for consideration H.R. 36 poses grave dangers to SEC. 2. Upon adoption of this resolution it women. And the American people will shall be in order to consider in the House the of H.R. 2048, the USA FREEDOM Act. not be fooled. Women’s health and per- bill (H.R. 36) to amend title 18, United States The rule before us today provides for sonal decisions should be between a Code, to protect pain-capable unborn chil- general debate for H.R. 1735, the Na- woman, her family, and her doctor, not dren, and for other purposes. All points of tional Defense Authorization Act for a male-dominated Congress. order against consideration of the bill are Fiscal Year 2016, also known as the Most abortions take place before 21 waived. The amendment in the nature of a NDAA. The NDAA, which has passed weeks, so many women who have abor- substitute printed in part A of the report of Congress and has been enacted for over the Committee on Rules accompanying this 50 years in a row, is a vital exercise tions later in pregnancy do so because resolution shall be considered as adopted. of medical complications and other The bill, as amended, shall be considered as each year in providing for the common barriers to access. read. All points of order against provisions defense, one of our most profound con- H.R. 36 would harm women in need in the bill, as amended, are waived. The pre- stitutional responsibilities. and increase obstacles to obtaining vious question shall be considered as ordered The NDAA includes over $600 billion safe and legal abortions. I urge my col- on the bill, as amended, and on any further in important national security funding, leagues to oppose this legislation. It is amendment thereto, to final passage without providing resources to each of our four really bad. intervening motion except: (1) one hour of military branches, our nuclear deter- debate equally divided and controlled by the rent, and related agencies. The legisla- f chair and ranking minority member of the tion fully funds the President’s request Committee on the Judiciary or their respec- COMMUNICATION FROM THE tive designees; and (2) one motion to recom- for funding for our warfighters over- CLERK OF THE HOUSE mit with or without instructions. seas and includes important steps to The SPEAKER pro tempore (Mrs. SEC. 3. Upon adoption of this resolution it advance Department of Defense acqui- shall be in order to consider in the House the sition policies to ensure we are saving WAGNER) laid before the House the fol- bill (H.R. 2048) to reform the authorities of taxpayer dollars and stretching our lowing communication from the Clerk the Federal Government to require the pro- of the House of Representatives: precious defense dollars as far as pos- duction of certain business records, conduct sible. OFFICE OF THE CLERK, electronic surveillance, use pen registers and H.R. 1735 also includes provisions im- HOUSE OF REPRESENTATIVES, trap and trace devices, and use other forms Washington, DC, May 13, 2015. of information gathering for foreign intel- proving military readiness, strength- Hon. JOHN A. BOEHNER, ligence, counterterrorism, and criminal pur- ening our cyber warfare defenses, and Speaker, House of Representatives, poses, and for other purposes. All points of holding the line on keeping terrorists Washington, DC. order against consideration of the bill are in cells at Guantanamo Bay, not in our DEAR MR. SPEAKER: Pursuant to the per- waived. The amendment printed in part B of States or back on the battlefield. mission granted in Clause 2(h) of Rule II of the report of the Committee on Rules accom- This rule also provides for consider- the Rules of the U.S. House of Representa- panying this resolution shall be considered ation of H.R. 2048, the USA FREEDOM tives, the Clerk received the following mes- as adopted. The bill, as amended, shall be Act which addresses critical national sage from the Secretary of the Senate on considered as read. All points of order security investigation concerns while May 13, 2015 at 9:45 a.m.: against provisions in the bill, as amended, That the Senate passed without amend- are waived. The previous question shall be making much-needed changes to pro- ment H.R. 1075. considered as ordered on the bill, as amend- tect the privacy of Americans. With best wishes, I am ed, and on any further amendment thereto, H.R. 2048 prohibits explicitly the Sincerely, to final passage without intervening motion bulk collection of all records under sec- KAREN L. HAAS. except: (1) one hour of debate equally divided tion 215 of the PATRIOT Act, the FISA

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This provi- and Cosmopolitan magazine, not Nothing—as a matter of fact, according sion prevents government overreach by known for its traditional values, had to Politico, on this very day, the Re- ending the indiscriminate collection of an article recently all about the im- publicans in the Appropriations Com- records that violates the privacy of all pact of smoking by pregnant women on mittee, on a 21–29 vote, defeated an Americans. their ‘‘unborn babies.’’ They weren’t amendment offered by the ranking Madam Speaker, this bill also im- blobs of tissue or even fetuses, but ‘‘un- member, DAVID PRICE, that would have proves transparency, making signifi- born children.’’ significantly boosted funding for sev- cant FISA interpretations available to Those unborn children can feel pain, eral transportation programs, includ- the public and requiring the Attorney which is why they are provided anes- ing Amtrak, the very day after this. General and the Director of National thesia when surgery is performed on The Baltimore Sun tells us that the Intelligence to disclose how they use them in the womb. They can even sur- operations advisory commission for the these national security authorities. vive outside the womb, with The New Northeast corridor says that the esti- Finally, the USA FREEDOM Act en- York Times reporting just last week on mation for loss of service on the cor- sures that national security is a study that The New England Journal ridor for a single day would cost $100 strengthened by closing loopholes that of Medicine published that found that million in travel delays and lost pro- prevented tracking of foreign terror- 25 percent of children born prematurely ductivity. ists, narrowly defining which records at the stage of pregnancy covered by Six people have died; 200 were hos- the Federal Government may obtain, this legislation survive. pitalized. Add the medical cost on all and enhancing investigations of inter- There are countless stories—no of that. It will only take a week or a national proliferation of weapons of longer so uncommon we would call little bit more to use up the entire ac- mass destruction. them miracles—of children surviving count for the amount of money the Ap- and thriving, such as Micah Pickering, propriations Committee is willing to b 1245 who was born right at the stage when put into Amtrak. Madam Speaker, I share the concern this legislation would protect other As we look at that, what we do here— that our colleagues across the aisle children in the womb and is now a saving money and cutting out and have about the return of the young ‘‘spunky almost 3-year-old,’’ according dropping everything—has to be the women taken by Boko Haram and sa- to his mother. costs that are borne outside by people lute their wearing red today and your The legislation we consider today, with their medical costs by the delay wearing red today. However, Madam the Pain-Capable Unborn Child Protec- by being unable to get the goods and Speaker, I chose to wear pink today be- tion Act, is carefully written to ad- things to market. If I have ever seen a cause we are dealing with a very sen- vance the consensus of a majority of case of pennywise and dollar foolish, sitive issue about unborn children. Americans that these late-term abor- this one is it. Today’s rule also provides for consid- tions should cease. Moreover than that, that isn’t even eration of H.R. 36, the Pain-Capable In order to maintain that consensus, our discussion today. What I really Unborn Child Protection Act. This is the bill includes provisions allowing want to talk about here is that the ma- important legislation for the House to abortions in cases of rape or where the jority’s priorities are so misplaced that consider, particularly this week, 2 life of the mother is in danger. It also they cannot even govern this body in years after the conviction of Philadel- provides strong protections for minors an organized way. phia-based late-term abortionist who have been sexually assaulted, stop- Today, under this single rule—one Kermit Gosnell, who was found guilty ping abortionists from ignoring child rule—we will consider a 20-week abor- of first degree murder in the case of abuse that enters their facility. tion ban, which is unconstitutional, three babies born alive in his clinic. Most importantly, it protects the and we know it, but they are going to He killed these children using a pro- lives of well-developed, pain-capable do it anyway; we will consider bulk cedure he called ‘‘snipping,’’ which in- children who could well survive outside data collection under the Foreign In- volved Gosnell inserting a pair of scis- the womb. America is one of only seven telligence Surveillance Act; and then sors into the baby’s neck and cutting nations that allow elective abortions we will also do the general debate for its spinal cord, a procedure that was after 20 weeks, which includes such the National Defense Authorization reportedly routine. well-known human rights leaders as Act. We have an hour to do this rule to A neonatologist testified to the North Korea, China, and Vietnam. The talk about those. These bills have no grand jury that one of the babies, Pain-Capable Unborn Child Protection commonality at all, and there is no known as Baby Boy A, spent his few Act would finally put an end to that. need at all to entwine them in a single moments of life in excruciating pain. Madam Speaker, I commend this rule rule. Late-term abortions are agonizingly and the underlying bills to my col- The rule is called a grab bag rule painful, and they are happening all too leagues for their support, and I reserve that governs the floor debate for two or often in our Nation. Americans have the balance of my time. more unrelated pieces of legislation. been asking how different those abor- Ms. SLAUGHTER. Madam Speaker, I Debate in this Chamber suffers when tions are from Gosnell’s ‘‘snipping.’’ yield myself such time as I may con- many unrelated bills are crammed into Thankfully, they know the answer to sume. a single rule. It is legislative mal- those questions and support protecting Madam Speaker, I appreciate my col- practice, Madam Speaker, practiced these nearly fully developed lives. league yielding me the time. here all the time and getting worse A March 2013 poll conducted by The I rise today frustrated and angry by term after term. Polling Company found that 64 percent the state of affairs in the United Under this procedure, arguments for of the public supports a law prohibiting States. Last night, an Amtrak train and against multiple measures are an abortion after 20 weeks when an un- derailed which was traveling over the interspersed, which leads to disjointed, born baby can feel pain. Supporters in- busiest track in the Nation. That trag- fragmented, and confusing debates. cluded 63 percent of women and 47 per- edy killed at least six and injured more Furthermore, each bill does not get its cent of those who identified themselves than 200 who were hospitalized, just due consideration, which harms not as pro-choice. days before the highway trust fund is only the Rules Committee, but the That finding was not an outlier; it is about to expire. Republicans will spend House of Representatives, and, above representative of the public’s true be- billions of dollars in this bill on war, all, the American people; but the most liefs. According to a 2013 Gallup poll, 64 but let the roads and rails and bridges egregious use of our time is prioritizing percent of Americans support prohib- rot. attacking women’s health over every- iting second trimester abortions, and Thirty-eight billion dollars was con- thing else that is going on in the coun- 80 percent support prohibiting third cealed in a very clever way in the De- try. trimester abortions. fense bill under the OCO account be- This majority has introduced yet an- Even The Huffington Post found in cause it does not affect the budget cap; other 20-week abortion ban that pro- 2013 that 59 percent of Americans sup- but what are we going to do about the hibits abortions after 20 weeks based

VerDate Sep 11 2014 01:39 May 14, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.021 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2894 CONGRESSIONAL RECORD — HOUSE May 13, 2015 on a widely disputed scientific claim an’s pregnancy because that is the Madam Speaker, 2 years ago today, that a fetus can feel pain at that point number one issue, and we have been America was awakened to the horrors in time in a pregnancy, but this is not told that. of the abortion industry as abortionist the first time we have seen this bill. It When I started working on this issue Kermit Gosnell was convicted of mur- is not even the first time we have seen four decades ago, I surely thought, by dering three innocent, newborn infants it in this Congress, which is only 5 now, we would not decide whether or in his filthy abortion complex, and one months old. not a woman can make a decision of his former employees reported near- Just weeks ago, on the 42nd anniver- about her own health. ly 100 other living babies who were also sary of the Supreme Court’s landmark How awful it is that, just less than a murdered. ruling on Roe v. Wade, the majority week after Mother’s Day, when we all Gosnell cut the spines of crying 5- prepared to bring this bill to the floor, are reminded how brilliant and how month-old babies who survived his first but it was so odious, the provision in it wonderful they were, how farseeing, attempts to kill them, and our human so offensive, that even women in the how great in their judgment, but we dignity makes it impossible to ignore majority’s own party balked and re- decide that every other woman in the that image. He further brutalized the belled against their leadership. The up- country has not the ability to make de- mothers—killing two of them by drug roar was so loud that, in the middle of cisions for herself. overdose; with filthy, unsanitary in- the night, the majority pulled the bill Enough of these insults, enough of struments; and by perforating their from the floor. practicing medicine without a license, wombs and bowels. The first version was bad enough. It let’s get to the business at hand and fix It is no less painful for babies to have included abortion exceptions for rape the rotting infrastructure in the their spines snipped before birth than and incest only to reported cases of United States of America and make it by Gosnell after birth. By 5 months, if rape. Within 48 hours, a woman had to safe for our fellow citizens to get to not before, babies can feel pain—in- go to report that to law enforcement, work. tense pain. It is simply barbaric to or she could not be eligible for an abor- The idea that all those people are allow Gosnell or anyone else to rip tion. The new bill is worse because it wounded and hurt today and died be- these babies apart, limb by limb, says that she has to have 48 hours of cause we failed to keep up the tracks in whether they are in or out of their counseling, but she can’t get it at the the United States of America, which mothers’ wombs. hospital where the abortion would be was known worldwide for its infra- That is why we must take a stand done, so she has to go from pillar to structure and now spends barely a pit- today to protect the defenseless unborn post. tance on trying to maintain those old and pass the Pain-Capable Unborn The most odious thing that they tracks—and the mayor of New York Child Protection Act. have done is the unmitigated cruelty had just said he has bridges in New Ms. SLAUGHTER. Madam Speaker, I to the victims of incest. They put an York that are over 100 years old. am pleased to yield 2 minutes to the age limit on it. Can you imagine that? I have the same thing in my district. gentlewoman from the District of Co- It is unbelievable. I have bridges over the Erie Canal. Fire lumbia (Ms. NORTON). I know that this bill will not go any- trucks can’t even go over them and Ms. NORTON. I thank my good friend where. I doubt the Senate will even haven’t been able to for the last dec- for her work on this bill that shows she take it up. It is simply something to ade. is strong and protective of women. appease people who believe anything But, no, we are not going to talk Madam Speaker, I want to speak that they hear about this, such as about that. We are going to talk about about where this bill started. there is abortion on demand. There is making women do what we want them The District of Columbia was the not. to do. stalking horse for H.R. 7 until women’s Third trimester abortions are all I reserve the balance of my time. groups and I protested vigorously. medically necessary, as one of my col- Ms. FOXX. Madam Speaker, I yield Sorry, colleagues. leagues mentioned this morning. If you myself such time as I may consume. We may have chased the majority Probably throughout the day, we will haven’t talked to any of those women, from the D.C. 20-week abortion bill be setting the record straight on things you don’t know what they have been only to see them now target all of the my colleague has said. Victims of rape through. In almost every one of those Nation’s women with an even worse can get counseling from a hospital that cases, they desperately want that baby, bill. However, not even the Republican performs abortion; but most egre- but sometimes, they have no brains. majority can overrule the Roe v. Wade giously, Madam Speaker, the argu- Sometimes, they are born with no or- holding that H.R. 36 is unconstitu- ments raised across the aisle about in- gans. They are unable to survive. tional for lowering the Court’s as well cest are astounding. Many times, there is a case of a Let me be clear. If a woman is sexu- as scientific findings on when a fetus woman who can preserve her reproduc- ally assaulted and that leads to a preg- becomes viable. tive system so that she can have more nancy, there is a rape exception in this H.R. 36 focuses on a previability children. How incredibly cruel it is legislation that applies, regardless of fetus, but it excludes any protection that we want to take that decision the family status of her aggressor or for the health of the woman involved. away from the woman and her doctor— the age of the victim. Shamefully, even traumatized rape vic- whomever she wants to consult, but tims are punished further by steps that certainly scientific laws ought to b 1300 require that they virtually prove they apply—and put it in the hands of legis- As the legislation includes an excep- were raped before they can get an abor- lators. tion for all women who are sexually as- tion. Maybe we should decide who should saulted, those across the aisle who My colleagues, now is the time to op- have gall bladder operations, or maybe raise incest appear to believe we should pose H.R. 36. The Supreme Court al- we should decide whether broken legs provide special exemptions under Fed- ready has. should be treated; we are all-seeing eral law to individuals in consensual Ms. FOXX. Madam Speaker, I yield 2 here. What happened here today is dis- incestuous relationships. That boggles minutes to the gentleman from Penn- gustingly cruel, as I said before. the mind. This objection is a shameful sylvania (Mr. KELLY). The Supreme Court has long held distraction from the important debate Mr. KELLY of Pennsylvania. I thank that a woman has the unequivocal we are having about protecting well-de- the gentlewoman. right to choose abortion care until the veloped, unborn children from being Madam Speaker, this is a very com- point of fetal viability, which is largely ripped apart in the womb. monsense bill, H.R. 36, which is being accepted by the scientific community Madam Speaker, I yield 1 minute to presented by my colleague Mr. FRANKS to be 24 weeks. the gentleman from Kansas (Mr. from Arizona. A 20-week abortion ban brazenly HUELSKAMP). Why do we have to do this? I am challenges the Supreme Court’s stand- Mr. HUELSKAMP. I appreciate the going to tell you something. ards and deliberately attempts to push work of my colleague from North Caro- It is because scientific evidence now the law earlier and earlier into a wom- lina. shows that unborn babies can feel pain

VerDate Sep 11 2014 01:39 May 14, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.023 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2895 by 20 weeks postfertilization and, like- the bill that is on the floor is even she is gregarious, awesome, fun—the ly, even earlier. It is because a late- worse than the bill that they pulled in most beautiful joy in our family. The term abortion is an excruciatingly January. way the law stands today is that, the painful and inhumane act against chil- H.R. 36 is particularly harmful to vic- day before this picture was taken, it dren who are waiting to be born and tims of rape and incest. Women who would have been legal to have aborted against their mothers. It is because have had unbelievable trauma would be MariV. women who terminate pregnancies at effectively forced to get permission be- I want to talk about women’s rights. 20 weeks are 35 times more likely to die fore they could seek the medical treat- This is a little girl. This is a little baby from abortion than they are in the first ment that they needed to regain some girl who will one day grow up to be a trimester, and they are 91 times more control over their bodies, their health, woman. Let’s stand up and protect this likely to die from abortion at 21 weeks and their safety. They would have to little girl, not the day that she was or beyond. It is because, after 5 months jump through complex and punitive born only, but also the day that she into a pregnancy, the baby is undeni- legal hoops before they could have the was in the womb. Let’s protect her ably a living, growing human, and the procedures that they need. Therefore, from the pain of abortion, from the si- government’s first duty is to protect somebody who has been victimized lent screams of those babies who were innocent life. It is because, overwhelm- once would end up being victimized aborted in the womb who aren’t heard ingly, most Americans—and I am talk- again by our government. because they don’t have voices in this ing about men and women, young and Let’s be clear. The new provisions in institution defending them. old—support legislation to protect this law include a number of burden- Madam Speaker, I listen to the floor these innocent people. It is because the some requirements on rape and incest debate day after day, whether in this hideous case of Kermit Gosnell in victims: Chamber or on C–SPAN, and I hear the Philadelphia is a brutal reminder of First, there is a waiting period of 48 other side talk about how they fight what can occur without this type of hours for an adult rape survivor; for the forgotten, how they fight for legislation in place. Second, there is a requirement that a the defenseless, how they fight for the H.R. 36 would federally ban almost minor who is a victim of rape or incest voiceless, and they pound their chests, all abortions from being performed be- would give written proof after 20 weeks and they stomp their feet. You don’t yond the 20th week of pregnancy with that she reported the crime to law en- have anyone in our society that is exceptions for instances of rape, incest, forcement or to a government agency. more defenseless than these little ba- or when the life of the mother is at A minor who is a victim of incest has bies. I believe in life at conception. I know stake. to do this. There is language that I want to tell my colleagues to just specifies that the counseling or med- my colleagues are not going to agree think of how little effort it would be ical treatment described above may with me on that, but can’t we come to- today to take their voting cards out, to not be from a health center that pro- gether as an institution and say that we are going to stand with little babies put them in the machine, and to press vides abortion services. So let’s say she who feel pain? that we are going to on the green button. By doing that, goes to her doctor, and she gets coun- stand with little babies who can sur- they are saying ‘‘yes’’ to protecting the seling, but someone else in that med- vive outside the womb—ones who don’t most vulnerable people in our society ical practice provides abortion. She is have lobbyists, who don’t have money, from going through unbelievable out of luck. If she doesn’t thread that who can’t rally, who can’t offer con- amounts of pain. needle, too bad. She can’t get it. Isn’t it amazing that, in America’s Perhaps the most outrageous thing tributions to one’s campaign? Don’t we House, we have to pass legislation to about this bill, though, is the funda- stand with those little babies? If you stand with the defenseless, protect the most innocent life? This is mental disrespect that it shows to with the voiceless, you have to stand incredible that we have to even come women. It assumes that women will with little babies. Don’t talk to me forward and debate this. My goodness. just wake up in this country after 20 about cruelty in our bill when you look This is just so intuitive of who we are, weeks of pregnancy, decide to have at little babies being dismembered and not as Republicans or Democrats, but abortions, and then lie about being vic- feeling excruciating pain. If we can’t as human beings. We have to protect tims of rape or incest. That view is just stand to defend these children, what do the unborn because they cannot pro- wrong, and it is offensive to women. we stand for in this institution? What By the way, as Ms. SLAUGHTER men- tect themselves. Vote ‘‘yes’’ on this do we stand for in America if we can’t tioned, this bill is patently unconstitu- today. Let’s make sure that our chil- stand up for the most defenseless and tional, and even if it didn’t get vetoed dren are not subjected to this pain and voiceless among us? that their mothers are not subjected to by the President, it would be struck Ms. SLAUGHTER. Madam Speaker, I the same pain and to the resulting loss down by the Supreme Court. I suggest want to just correct my friend from of life. that we vote ‘‘no’’ now and that we re- North Carolina, who said that nothing Ms. SLAUGHTER. Madam Speaker, I spect women’s ability to make their has to be reported to law enforcement. am pleased to yield 3 minutes to the own health decisions. It reads: if pregnancy is the result of gentlewoman from Colorado (Ms. Ms. FOXX. Madam Speaker, the rape against a minor or incest against DEGETTE), co-chair of the Pro-Choice claim that minors have to report to a minor and if the rape or incest has Caucus. law enforcement is false. They do not been reported to either, one, a govern- Ms. DEGETTE. Madam Speaker, in 6 need to report anything to law enforce- ment agency legally authorized to act days, the highway trust fund expires. ment. The law provides that the abor- on reports of child abuse or, two, law So what is Congress spending its time tionist must report to social services enforcement. doing today? Of course, it is debating a or to law enforcement to ensure that I hope my colleague stands corrected. bill that will limit a woman’s access to they do not let child abuse that comes Madam Speaker, I am pleased to a safe and legal medical procedure and to their attention continue unchecked. yield 2 minutes to the gentlewoman that will place politicians in a place I yield 2 minutes to the gentleman from California (Ms. SPEIER). they should never be—between a from Wisconsin (Mr. DUFFY). Ms. SPEIER. I thank my colleague woman and her doctor. Ask your moth- Mr. DUFFY. Madam Speaker, this is from New York. er, your sister, your daughter, your a bill that is protecting babies who can Madam Speaker and Members, I am wife, or your neighbor, and she will tell survive outside the womb. These are just so perplexed by our willingness you that women don’t need politicians’ babies who can feel pain. Knowing that every time an abortion issue is brought interference when making their own this institution won’t stand up for up that we don the equivalent of a healthcare decisions. Yet here we are those vulnerable children in our soci- white coat, that we believe that we are again today, debating a bill that does ety is a sad day for this institution. doctors in this august body, that we just that. I have seven children. This is my should be making decisions on behalf Everybody remembers that this bill sixth. This is MariV. This picture was of women who are pregnant and on be- was pulled from the floor in January taken with the two of us the day she half of their spouses and of their physi- because it was so extreme, but, today, was born. She is now 5 years old, and cians, and that we know better than

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.026 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2896 CONGRESSIONAL RECORD — HOUSE May 13, 2015 everyone else. If we had women in human life is worth protecting. Each of Representatives or any other legal America who saw their doctors as fre- us are here today because we all stand body—I have been in three. Many have quently as we talk about their health for something greater. We believe that usually carried this debate and decided on the House floor, boy, they would all human life is precious. We believe what women should do, but in the three have a lot of access to doctors. that each life is worth living, that life legislatures I have been in, I have seen Four months ago, this bill was taken deserves respect and protection, and people with no medical experience of up, and many of the women in the Re- every human being has equal worth any sort, never talk to anybody who publican caucus thought it went too and dignity. That is why everybody was in the position, but I also do know far, so it has been amended a little bit, matters. That is why everyone counts. people who change their minds when and now they think it doesn’t go too The Pain-Capable Unborn Child Pro- their daughters perhaps got into a posi- far. Let me tell you what ‘‘too far’’ is. tection Act protects life, empowers tion where they had to make that deci- First of all, remember that only 1.5 women, and will save lives. This legis- sion or not. percent of abortions take place after 20 lation represents the will of the Amer- So, for heaven’s sakes, let’s examine weeks. They take place for a lot of per- ican people. Over 60 percent of Ameri- really what we do here in this House of sonal and profoundly physical reasons, cans support protecting unborn chil- Representatives. As you say what you and the decision is made by the physi- dren after 20 weeks. are going to do, tell me that you are cian in conjunction with the pregnant A critical component of this legisla- going to make sure that children are woman and her family. What in the tion ensures that women receive coun- fed, that you are going to make sure heck are we doing putting our noses in seling or medical care for a traumatic that children are housed decently, that their lives? event that precipitated her pregnancy you are going to make sure that they b 1315 prior to obtaining an abortion. Because are able to afford their education, and the pain of an abortion is felt by both that the health care they are going to It is constitutional, Members; it is mother and child, a woman who feels need is going to be there for them so legal in this country to have an abor- that abortion is her only option over they have the opportunity to grow up tion. halfway through her pregnancy de- Now, rape. If you are raped, and it is into a healthy, strong American that serves medical treatment and emo- after 20 weeks, you have to go to a law you are talking about, because the ac- tional assistance beyond what can be enforcement officer or you have to tions belie it. provided by an abortionist. I will never forget the pain that we have mental health services. We have a responsibility, as the Now, let me remind you, of the sex- suffered in here while doing away with elected body representing our constitu- ual assaults that take place in the the unemployment insurance. People ents, to protect the most vulnerable military, 81 percent of them are never lost their homes, gave up almost every- among us and ensure that women fac- reported. When you are raped, the last thing. In some cases they sent their ing unwanted pregnancies do not face thing you want to do is relive that ex- children to live with relatives. We judgment or condemnation but have perience, to be victimized again be- can’t divorce this debate today from positive support structures and access cause you are so offended and feel so that reality in America. to health care to help them through violated. And now we are going to say, Go visit in your districts some of the their pregnancies. This bill protects whether you are 17 or 19, you are going children who live that way. Go into life. to have to go report this to law en- some of the poor areas and see what Ms. SLAUGHTER. Madam Speaker, I forcement or you are going to have to their housing is like. See what kind of yield myself such time as I may con- go to a mental health officer. nutrition that they have, and then it sume. The SPEAKER pro tempore. The makes it much more palatable, I think, One of our former colleagues, Barney time of the gentlewoman has expired. to understand that real point of view. Ms. SLAUGHTER. I yield an addi- Frank from Massachusetts, made one But isn’t a piece a whole piece, and tional 1 minute to the gentlewoman. of the most telling statements, I think, what it really comes down to is that Ms. SPEIER. I thank the gentle- that many of the people who are speak- once people are born in this country woman for yielding me the additional ing today obviously, by their actions, that we are our brother’s keeper, and time. believe that life begins at conception Hillary Clinton was absolutely right: it Beyond that, we are saying if there is but ends at birth, because these are does take a village to raise a child. Do an anomaly and your fetus is not going often the very same people who refuse your part on that. to be able to survive as an infant out- to fund schools, who cut back on food I reserve the balance of my time. side the womb that you are going to stamps, who pay no attention to chil- Ms. FOXX. Madam Speaker, I yield 2 have to carry that to term. dren who grow up under unseemly, un- minutes to the distinguished gen- Ladies and gentlemen, let me say sanitary, and dreadful conditions, who tleman from New Jersey (Mr. SMITH). this: I have had two abortions. One was take away from their parents the un- Mr. SMITH of New Jersey. Madam at 10 weeks, when the fetus no longer employment insurance on which they Speaker, 2 years ago today Pennsyl- had a heartbeat, and I was told, Well, might be able to live and keep the chil- vania abortion doctor Kermit Gosnell you are going to have to wait a few dren together. was convicted of murder, conspiracy to days before you have that D&C. A D&C That callous disregard of the living kill, and involuntary manslaughter and is an abortion. I said, I can’t. I am in so makes the piety of the statement of sentenced to life imprisonment. much pain. I have just lost this baby how they love life a little bit odd. You Even though the news of Gosnell’s that I wanted, and you are going to have to practice that for the living as child slaughter was largely suppressed make me carry around a dead fetus for well. The children and the neglected in by the mainstream media, many of my 2 days? I finally got that D&C in time. this country, the rates are becoming colleagues may remember that Dr. At 17 weeks, I lost another baby. It was appalling. The number of children who Gosnell operated a large Philadelphia an extraordinarily painful experience. live under the poverty line in America, abortion clinic where women died and It was an abortion. who suffer every day, frankly, who get countless babies were dismembered or Women who go through these experi- the only food they get often at school, chemically destroyed, often by having ences go through them with so much if they are able to get there, should their spinal cord snipped, all gruesome pain and anguish, and here we are as really somehow soften the hearts of all procedures causing excruciating pain Members of this body, trying to don the people who want to make sure that to the victim. another white coat. I think we should every fetus is born. Today, the House considers landmark put the speculums down. I think we Nobody has to have an abortion, but legislation authored by Congressman should stop playing doctor. for women who need it for medical rea- TRENT FRANKS to protect unborn chil- Ms. FOXX. Madam Speaker, I yield sons and are protected by the Constitu- dren beginning at the age of 20 weeks 11⁄2 minutes to the gentlewoman from tion and make that decision—and how postfertilization from these pain-filled Indiana (Mrs. WALORSKI). awful it is—and I have to echo what abortions. Mrs. WALORSKI. Madam Speaker, I Ms. SPEIER said and what I said earlier, The Pain-Capable Unborn Child Pro- rise today because I believe that all the idea that Members of the House of tection Act is needed now more than

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She had provide the financial money that she tating pain-capable babies for profit: hemorrhaged while giving birth to her needed. men like Steven Brigham of New Jer- last child, and her sister, who also had Serafina from South Carolina started sey, an interstate abortion operator— lupus, had died after giving birth. a new job and was working to build a some 35 aborted babies were found in Lorna didn’t want to risk another po- stable life for her and her two kids in his freezer; men like Leroy Carhart, tentially dangerous delivery and poten- a homeless shelter when she found out caught on videotape joking about his tially leave her three children without she was pregnant. She decided termi- abortion toolkit, complete with, as he a mother, and she went to the closest nating her pregnancy was the best de- said, a pickaxe and drill bit, while de- abortion care facility, got a free cision for herself and her family. They scribing a 3-day-long late-term abor- ultrasound, but was unable to obtain had no home. tion procedure and the infant victim as an abortion because of her health Unfortunately, Serafina found out ‘‘putting meat in a Crock-Pot.’’ issues. The clinic recommended that that she was already more than 20 Some euphemistically call this Lorna obtain abortion care in a hos- weeks pregnant. She had no items to choice, but a growing number of Amer- pital setting, but due to her complex pawn or sell, living in a shelter. icans rightly regard it as violence condition, the closest hospital that Thanks to a friend willing to help her against children, and huge majorities— could handle her healthcare needs was with money and a ride—and support— 60 percent, according to the November in California. With help from the clinic Serafina was able to get the care she Quinnipiac poll—want it stopped. and the NAF Hotline, Lorna was able needed, which she could not do if H.R. Fresh impetus for this bill came from to fly more than 2,000 miles to Cali- 36 were passed. a huge study of nearly 5,000 babies, fornia to obtain the abortion care she Gloria from Washington moved in preemies, published last week in The needed at almost 22 weeks pregnant. with her parents in order to financially New England Journal of Medicine. The She would not be able to do that under support them when she was faced with next day The New York Times article this bill. an unwanted pregnancy. titled ‘‘Premature Babies May Survive Josephine from Florida. Josephine Do you notice in all of this, the men At 22 Weeks If Treated’’ touted the recently moved from Texas to Florida involved don’t have to pay anything or Journal’s extraordinary findings of sur- with two children to escape her abusive do anything at all? Isn’t that a strange vival and hope. partner after he threatened to kill her. circumstance? Just imagine, Madam Speaker, While trying to create a new stable When Gloria was faced with the un- preemies at 20 weeks are surviving, as home for her children, Josephine was wanted pregnancy, she was fortunate technology and medical science ad- raped and became pregnant. She to be working, but was only making vances. Alexis Hutchinson, featured in couldn’t afford to pay for her abortion, minimum wage and had no paid sick The New York Times story, is today a nor could she arrange for transpor- leave and was still in her 90-day new healthy 5-year-old who originally tation to get to the closest provider, job probationary period. Even after re- weighed in at a mere 1.1 pounds. Thus, who was more than 80 miles away, so ceiving her paycheck, she didn’t have the babies we seek to protect from Josephine attempted to terminate the enough funds to continue supporting harm today may indeed survive if pregnancy on her own by ingesting poi- her family to travel to the nearest treated humanely, with expertise and son. She ended up being hospitalized, abortion care provider 3 hours away with an abundance of compassion. needing several blood transfusions, and and pay for the procedure itself. I urge support for the legislation. was still pregnant. By the time she was Eventually, she decided not to pay Ms. SLAUGHTER. Madam Speaker, I able to gather enough resources to her other bills in order to have enough yield myself such time as I may con- cover her abortion procedure and funds to cover her travel and care, but sume. transportation, she was 23 weeks preg- then she ran into another barrier: her I would like to read from patients’ nant and would not have been able to boss. Because the provider was more stories that I have here today, starting do that under this law. than 150 miles away, she needed to with the fact that women need access Mya lives in Georgia. She and her take time off work, but her employer to abortion care later in pregnancy for mom tried borrowing money from wouldn’t allow her to do so. The situa- a variety of reasons and must have the friends and family to pay for her abor- tion placed the job she desperately ability to make decisions that are tion but couldn’t gather enough re- needed in jeopardy and, fortunately, right for them, in consultation with sources in time for her appointment, so her boss eventually relented and she their healthcare providers and those they had to delay the care and resched- was able to obtain the abortion care they trust. A woman’s health, not poli- ule. By the time Mya was able to raise she needed. tics, should be the basis of important enough money to make her appoint- I will rest my case, and I reserve the medical decisions. ment, she found out she was further balance of my time. Kris from Indiana. When Kris went along in the pregnancy than she ex- Ms. FOXX. Madam Speaker, I yield 1 on her 20-week ultrasound, she thought pected and was now 21 weeks pregnant. minute to the gentleman from Arizona she would learn the sex of her preg- She was able to access care, but if H.R. (Mr. FRANKS). nancy but, instead, found out that her 36 were the law, she would have been Mr. FRANKS of Arizona. I thank the fetus had cystic hygroma and fetal prohibited. gentlewoman for yielding. hydrops. The doctor advised her there Niecy from Florida was raped by a Madam Speaker, I would like to first was no chance of survival. The only man she thought was her friend. When express my deepest and sincerest grati- two options were to wait until she mis- she realized she was pregnant due to tude to every last person who played a carried, which would risk her health the rape, she knew immediately she role in the creation and development of and her future fertility, or to safely wanted to terminate the pregnancy. As the Pain-Capable Unborn Child Protec- terminate the pregnancy. Kris said it a full-time student, she had no income tion Act now before us on this unique was a hard decision, but she was happy and couldn’t tell her mom because she and historic day. she was able to make it with her fam- knew her mom would try to keep the Madam Speaker, we really under- ily and those she trusted. Because of a pregnancy due to her mom’s anti- stand what we are all talking about 20-week ban in Indiana, she had to choice religious beliefs. Niecy spent 2 here. Protecting little pain-capable un- travel to Ohio to obtain her abortion months trying to raise enough money born babies really is not a Republican care. If H.R. 36 were passed, she would to pay for her procedure. She had noth- issue or a Democrat issue. It really is a have no place to go. ing to pawn or sell and was so des- test of our basic humanity and who we Lorna from Florida. Lorna is a moth- perate that she even asked the rapist are as a human family. er of three, with a number of health for money, but he refused to help her. I would just hope that Members of issues, including lupus, a tumor on her Congress, as well as all Americans, will upper intestines, and two uterine abra- b 1330 go to paincapable.com and see for sions. When Lorna found out she was When Niecy was past 20 weeks, she themselves what technology is now pregnant, she knew immediately that was finally put in touch with the NAF upon us in 2015; that unborn children

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.029 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2898 CONGRESSIONAL RECORD — HOUSE May 13, 2015 entering their sixth month of preg- Mr. BOUSTANY. Madam Speaker, as what a young child or an adult would nancy are capable of feeling pain is a medical doctor, I took an oath to pro- feel because their nervous system isn’t now beyond question. tect lives. As a cardiothoracic surgeon developed enough to block that pain. The real question that remains is: for many years, I worked day and night The majority of women in the United Will those of us privileged to live and to save lives in the operating room. States are with us on this bill. We breathe in this, the land of the free and Today, I stand proudly with my col- must protect these innocent lives when the home of the brave, finally come to- leagues here on the House floor to de- they are the most vulnerable and sen- gether and protect mothers and their fend the lives of those poor, innocent sitive among us to feeling pain. little innocent pain-capable unborn ba- unborn children who don’t have any- Ms. SLAUGHTER. Madam Speaker, I bies from monsters like Kermit body else to stand up to defend them. continue to reserve the balance of my Gosnell? That is the question, Madam The scientific evidence is clear: un- time. Speaker. born babies feel pain. They feel pain at Ms. FOXX. Madam Speaker, I yield 1 God help us to do it. 20 weeks postfertilization. This bill minute to the gentleman from Colo- Ms. SLAUGHTER. Madam Speaker, I bans late-term abortions, with very rado (Mr. LAMBORN). reserve the balance of my time. limited exceptions. Mr. LAMBORN. Madam Speaker, I Ms. FOXX. Madam Speaker, I yield 1 According to the Charlotte Lozier In- urge my colleagues to join me in sup- minute to the gentleman from Lou- stitute, the United States is currently porting H.R. 36, the Pain-Capable Un- isiana (Mr. ABRAHAM). one of only seven countries worldwide, born Child Protection Act. Scientific evidence has demonstrated Mr. ABRAHAM. Madam Speaker, I including North Korea and China, that that by 20 weeks, unborn babies are stand here as a proud sponsor of the allows elective late-term abortions. Pain-Capable Unborn Child Protection The nonpartisan Congressional Budg- able to feel pain; and thanks to ongo- Act. This is strong, commonsense legis- et Office estimates enacting this bill ing medical improvements, premature lation focused on protecting the lives will save 2,750 lives each year. Twenty- babies at this stage are increasingly of unborn children and their mothers, four States, including my home State able to live outside the womb. This bill will protect unborn babies and I am very happy that this new lan- of Louisiana, have already acted to ban 20 weeks and older from having to suf- guage is even stronger than the origi- these late-term abortions. fer the excruciating pain of an abortion nal bill in January. I urge my colleagues to be compas- death. Abortions are brutal and ex- As a doctor, I know—and I can at- sionate. I urge my colleagues to sup- tremely painful, where the child is ei- test—that this bill is backed by sci- port the Pain-Capable Unborn Child ther dismembered or poisoned. entific research showing that babies Protection Act so that unborn lives in H.R. 36 will punish abortionists who can indeed feel pain at 20 weeks, if not all 50 States are protected from painful violate the law, while adding impor- before. That is why it is so important late-term abortions. tant additional protections for unborn we stand up for life and stand up for Ms. SLAUGHTER. Madam Speaker, I children and their mothers. this human rights issue. This is a pro- continue to reserve the balance of my Every life at this stage is a precious life effort that deserves bipartisan sup- time. gift from God, and we, as Americans, port. Ms. FOXX. Madam Speaker, I yield 1 should continue to protect life. This I fully urge passage of this rule. 1 ⁄2 minutes to the gentlewoman from bill will do just that. Ms. SLAUGHTER. Madam Speaker, I South Dakota (Mrs. NOEM). Madam Speaker, I urge full support continue to reserve the balance of my Mrs. NOEM. Madam Speaker, today, of the rule and for this legislation. time. I rise in support of the rule for H.R. 36, Ms. SLAUGHTER. Madam Speaker, I Ms. FOXX. Madam Speaker, I yield 1 the Pain-Capable Unborn Child Protec- yield myself such time as I may con- minute to the gentleman from Michi- tion Act. This is a strong bill that pre- sume. gan (Mr. BENISHEK). vents abortions after 20 weeks, except In closing, let me continue with Amy Mr. BENISHEK. Madam Speaker, I in certain circumstances, and I urge from South Carolina. This is somewhat rise today in support of the rights of my colleagues to support this bill different but certainly poignant. the unborn and urge my colleagues to today. Amy and her husband, Chris, were vote in favor of the rule for the Pain- As a mother of three, I know the very excited about their pregnancy. Capable Unborn Child Protection Act. worry and anxiety that comes along Amy’s previous pregnancies had been I, along with many of my constitu- with carrying a child. And many times, uncomplicated, so they decided to fore- ents in northern Michigan, believe that that worry doesn’t end after birth. I go genetic testing. However, during the life inside the womb is just as precious still think about my children with con- scheduled 20-week ultrasound, the cou- as life outside the womb and that it cern every day, and I understand the ple received the devastating news that must be protected. The Pain-Capable difficulties and the decisions that their fetus had a structural and lethal Unborn Child Protection Act will pre- many women have during this time. abnormality known as trisomy 18. vent abortions from occurring after the Motherhood is a big responsibility They were advised to go in for further point at which many scientific studies and a huge change. As a community, genetic testing, which was very expen- have demonstrated that children in the we need to help women through this sive. womb can actually feel pain. All chil- time. But we also have the responsi- The results to confirm this diagnosis dren, even the unborn, have the abso- bility to come together as a country took an additional 10 to 14 days, so lute right to life, and we need to do our and protect the most innocent and the Amy was past 20 weeks’ gestation when utmost to protect the most defenseless vulnerable among us. she made the decision to obtain an among us. In this bill, we are talking about pro- abortion. With a nationwide 20-week I served as a doctor in northern tecting unborn babies that are already ban, couples like Chris and Amy would Michigan, where I was able to witness 20 weeks old and mothers who are half- not have been able to make decisions the miracle of new life in the delivery way through their pregnancy. That is that were right for themselves and room. Because of this, and because of about 5 months. At this stage, many their families. my experience as a father and as a women already have a baby bump and Karina from Arizona. The night be- grandfather, I have made protecting they are wearing maternity clothing. fore Karina called the NAF Hotline, the rights of the unborn my priority The baby can be as long as a banana is she literally slept against a lamppost. while serving in Congress. and kicking and moving around, even She is homeless and makes and sells I urge my colleagues to support this to the point where the mother will feel jewelry in order to buy food. She can’t important legislation. those kicks and that movement. afford housing. Ms. SLAUGHTER. Madam Speaker, I More importantly, this is the stage She called the hotline because she re- continue to reserve the balance of my where we know the baby can feel pain alized she was pregnant after being time. and could be viable outside the womb raped by the father of her five children. Ms. FOXX. Madam Speaker, I yield 1 with proper care. In fact, there is evi- Even though she was raped, Arizona minute to the gentleman from Lou- dence that the pain that the unborn Medicaid would not cover her abortion isiana (Mr. BOUSTANY). baby feels is even more intense than care.

VerDate Sep 11 2014 06:34 May 14, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.030 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2899 She could barely afford food most After Penn Station, the train was sched- tors from all across the Northeast who com- days and could not afford the cost of uled to depart Aberdeen at 8:16 p.m., Wil- mute to, from and through our city every the abortion, so she had to delay her mington, Del., at 8:43 p.m. and Philadelphia day,’’ Rawlings-Blake said. ‘‘My prayers are care. Thanks to multiple abortion at 9:10 p.m., according to the online sched- with the families of those who lost their ule. lives in this tragedy. We will support the re- funds, including the hotline fund and a Amtrak did not immediately respond to covery efforts in every way possible as au- discount from her care provider, she questions early Wednesday as to whether thorities work to identity the cause of the was able to obtain the abortion she Train 188 made all of its locally scheduled crash.’’ needed. This bill would stop that. stops and how many people boarded at each, Philadelphia Mayor Michael Nutter, who Catherine from Georgia. Catherine or if it was on schedule. called the scene of the derailment ‘‘an abso- was planning on carrying her preg- On Wednesday morning, Lisa Bonanno lute disastrous mess’’ on Tuesday night, said nancy to term, even though she had a stood in Penn Station looking at an elec- Wednesday that the train’s black box had number of pregnancy complications, tronic train schedule above, trying to figure been recovered and was being analyzed. out how to get to work in Washington. Amtrak said rail service on the busy including having to receive blood Bonanno said she was aboard Train 188 Tues- Northeast Corridor between New York and transfusions throughout the preg- day night, but got off in Baltimore before its Philadelphia had been stopped. Nutter, cit- nancy. derailment in Philadelphia. ing the mangled train tracks and downed When she was post 20 weeks preg- ‘‘I was on that train last night,’’ she said. wires, said there was ‘‘no circumstance nant, Catherine found out her fetus had Bonanno said she would probably end up under which there would be any Amtrak an anomaly. She had placed a child up taking a MARC train to work, given some service this week through Philadelphia.’’ for adoption in the past, so she knew delays, but that the derailment in Philadel- A rapid-response team from the National phia would not deter her from riding Amtrak that adoption was not an option for her Transportation Safety Board was on the in the future. scene Wednesday, but the cause of the derail- again, nor was parenting this preg- ‘‘This is very unusual,’’ she said. ‘‘Driving ment remained unknown. The Federal Rail- nancy. is so much worse.’’ road Administration also said it was dis- She started to save money and tried The derailment happened in Port Rich- patching at least eight investigators to the pawning the title to her car but was mond, one of five neighborhoods in what’s scene. told it was too old and worth nothing. known as Philadelphia’s River Wards, dense Amtrak canceled two local trains in Balti- Catherine was able to borrow money rowhouse neighborhoods located off the more Wednesday, and trains on the North- from friends, and called the hotline to Delaware River. Area resident David Her- east Corridor between Philadelphia and New nandez, whose home is close to the tracks, find an abortion provider. York were canceled. Those looking for infor- heard the derailment. mation about family or friends on the train The night before her appointment, ‘‘It sounded like a bunch of shopping carts can call Amtrak’s incident hotline at 800– she said even though she knew she was crashing into each other,’’ he said. 523–9101, Amtrak said. making the right decision, she was The crashing sound lasted a few seconds, President Barack Obama expressed shock nervous about the protesters who he said, and then there was chaos and and sadness at the derailment in a statement would be outside the clinic. The next screaming. in which he noted that Amtrak is ‘‘a way of day, she did not let the protesters The derailment was the deadliest incident life for many’’ who live and work along the yelling at her scare her away. She was involving an Amtrak train on the Northeast Northeast Corridor. He also thanked police, Corridor since the Maryland collision be- able to obtain the care that she needed. fire fighters and medical personnel respond- tween an Amtrak train and a Conrail freight ing to the derailment. Madam Speaker, I have just received engine near Chase, in which 16 people were ‘‘Philadelphia is known as the city of news that the death toll has risen to killed and another 175 were injured. brotherly love—a city of neighborhoods and seven in the Amtrak tragedy. Officials expect the death toll of Tuesday’s neighbors—and that spirit of loving-kindness It is past time to focus on the real derailment could increase as investigators was reaffirmed last night, as hundreds of priorities that face our country, and I continue to move through the wreckage. The first responders and passengers lent a hand will insert into the RECORD articles Naval Academy said grief counselors were on to their fellow human beings in need,’’ from The Baltimore Sun and Politico hand at its Annapolis campus for grieving Obama said. midshipmen, faculty and staff. that I referred to previously. Pennsylvania Gov. Tom Wolf, who was in Navy Secretary Ray Mabus expressed his touch with Philadelphia’s mayor and other [From the Baltimore Sun, May 13, 2015] condolences to the brigade during previously state and local officials about the derail- (By Kevin Rector and Jessica Anderson) scheduled morning remarks at the academy, ment, thanked the first responders for ‘‘their The derailment in Philadelphia of an Am- which wrapped up its academic year on Tues- brave and quick action.’’ trak passenger train headed north from day. ‘‘My thoughts and prayers are with all of Washington and through multiple stops in The Northeast Corridor, which runs from those impacted by tonight’s train derail- Maryland left dozens of people injured and Washington to Boston, is the busiest stretch ment,’’ he said in a statement. ‘‘For those killed six—including a midshipman from the of passenger rail line in the country, serving who lost their lives, those who were injured, U.S. Naval Academy in Annapolis. 750,000 passengers and 2,000 commuter, inter- and the families of all involved, this situa- The academy notified its brigade of the city and freight trains per day, according to tion is devastating.’’ death early Wednesday morning. the Northeast Corridor Infrastructure and The impact on the East Coast’s broader ‘‘I speak for the brigade of midshipmen, Operations Advisory Commission. rail network was unclear. Rob Doolittle, a the faculty and staff when I say we are all The commission has estimated that a loss spokesman for railroad CSX Transportation, completely heartbroken by this,’’ said Cmdr. of service on the corridor for a single day said the company had offered assistance to John Schofield, an academy spokesman. would cost $100 million in travel delays and Amtrak but that its own mainline was unaf- The midshipman, who was not identified, lost productivity. Workers who ride trains fected and it was not experiencing any sig- was headed home on leave, the academy said. on the corridor contribute $50 billion to the nificant delays through Philadelphia. It did not say where the midshipman boarded U.S. economy annually, the commission has Richard Scher, a spokesman for the Mary- the train. found. land Port Administration, said the derail- An online timetable for Train 188, which Locally, the corridor is used for Amtrak ment had occurred north of the port’s main was carrying a total of 238 passengers and and freight trains as well as the Maryland freight routings but that he was unsure if five crew members, shows it had been sched- Transit Administration’s passenger MARC delays in Philadelphia were affected port uled to pass through Baltimore’s Penn Sta- train service. Baltimore, a traditional rail- cargo transports. A spokesman for railroad tion and several other stops in Maryland road town, has some of the system’s oldest Norfolk Southern, which utilizes part of the prior to reaching Philadelphia on Tuesday infrastructure. Northeast Corridor for trains moving out of night, though it remained unclear Wednes- The Baltimore & Potomac Tunnel under Maryland into Delaware, did not imme- day morning how many passengers boarded West Baltimore, for instance, is 140 years old diately respond to a request for comment. the train at those stations. and a key choke point for Amtrak and other Roel Bouduin, 35, arrived at Penn Station Officials said the train derailed at rail traffic, forcing trains to slow their on time Wednesday morning for the begin- Frankford Junction in North Philadelphia speeds substantially. It has been slated to be ning of a long day of travel. The resident of shortly after 9 p.m. The online schedule had replaced, though Amtrak officials have ques- Belgium was scheduled to fly from New York it departing Penn Station at 7:54 p.m. tioned whether funding will be provided to to Toronto at 2:30 p.m. The timetable also includes an original cover the estimated $1.5 billion price tag. ‘‘My plan was to take Amtrak. That’s not scheduled departure from Washington’s In a statement on the derailment Tuesday, going to work,’’ he said as he waited at a Union Station at 7:10 p.m., and subsequent Mayor Stephanie Rawlings-Blake said her ticket counter to get a refund. departures from New Carrollton at 7:22 p.m. ‘‘heart aches’’ for the passengers who were Instead, his friend would take the day off and BWI Thurgood Marshall Airport at 7:37 on the train. from Johns Hopkins and drive to New York. p.m. prior to the train’s reaching Penn Sta- ‘‘Amtrak service is a way of life for so ‘‘We take trains daily at home. Taking a tion. many of our city residents, as well as visi- train is safer then taking a car,’’ he said.

VerDate Sep 11 2014 06:26 May 14, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.031 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2900 CONGRESSIONAL RECORD — HOUSE May 13, 2015 That said, as he rolled his suitcase from This rule provides for the consider- time; the unborn child in the womb is the ticket counter, Bouduin said he would ation of several important pieces of alive and a functioning member of the enjoy ‘‘a nice drive’’ up to New York. legislation. human family. Many commuters prefer traveling from H.R. 1735, the FY16 NDAA, was the I urge my colleagues to join me in Baltimore to Washington or New York by train versus by car. result of months of bipartisan work speaking for those who cannot speak Reginald Exum is one of those travelers. and includes crucial provisions to en- for themselves by supporting this legis- He said he regularly travels to Washington sure our Armed Forces are agile, effi- lation, and I thank all of my eloquent and New York for his banking job. On cient, ready, and lethal. colleagues who came down today to Wednesday, though, he was riding to Wash- No debate over these issues would be speak on this rule. ington from Penn Station, so the derailment complete without an expression of our Madam Speaker, the rule before us didn’t affect his commute. deep gratitude and thanks to the mem- provides for action by the House on ‘‘It’s very unfortunate,’’ he said. ‘‘I feel bad bers of our military serving at home three critical pieces of legislation, and for their families.’’ In 1996, 11 people were killed when a MARC and overseas and the veterans who I strongly urge my colleagues’ support. commuter train rammed into an Amtrak served before them. By providing their Ms. JACKSON LEE. Madam Speaker, I rise train in Silver Spring. That crash was compensation, equipment, and vital in strong opposition to the rule for the under- blamed on the MARC engineer forgetting skills education funding in this legisla- lying H.R. 36, the Pain Capable Unborn Child about a signal warning him to slow down. tion, we make a small beginning on the Protection Act, because it would allow politi- In 1991, another incident occurred in nearly impossible to repay debt that we owe cians, not women or medical experts to decide the same spot as the Chase accident in 1987, them. women’s personal medical decisions. when an Amtrak train collided with a Con- rail coal train—though no one was killed. b 1345 If it becomes law, H.R. 36 would ban abor- tion care after 20 weeks. The site of Tuesday night’s crash, near Consistent with our constitutional curving tracks at Frankford Junction, was This is a blatant attempt to deny all women also the scene of a previous crash. obligation to provide for the defense of their constitutional rights and it will pose an In 1943, 79 people were killed and at least our country fulfilled by consideration extremely serious threat to the health of many 120 injured when a Pennsylvania Railroad of the NDAA, H.R. 2048, the USA Free- women in the most desperate of cir- train carrying 541 people—including military dom Act, similarly meets our respon- cumstances. servicemen returning from weekend fur- sibilities to secure America by tight- To ban abortion care would block a wom- loughs—derailed in the same location, also ening necessary authorities to combat on its way from Washington to New York. an’s access to safe health care and deny her potential terrorist threats, while mak- ability to make decisions according to her phy- ing fundamental reforms, such as the [From Politico Pro, May 13, 2015] sician’s advice. end of bulk collection of phone records Supreme Court precedent establishes that a House Appropriations Republicans voted to protect Americans’ privacy and civil down an amendment today that would have woman has the unequivocal right to choose restored Amtrak funding levels seen in pre- liberties. abortion care until the point of fetal viability. vious years, citing the spending caps under The provisions of this bill that in- This twenty-week abortion ban brazenly the Budget Control Act. crease transparency by declassifying challenges the Supreme Court’s standards ‘‘Any increase in the caps under which we decisions, orders, and opinions of the and deliberately attempts to push the law ear- operate, that would go beyond current law, FISA court and requiring the public lier and earlier into a woman’s pregnancy. would require an understanding, an agree- posting of reports to Congress also en- This ban would cause a hardship for women ment, between the White House and the two sure that Congress and the public can in need of safe, legal, later abortion care for bodies of Congress,’’ Committee Chairman hold these actors accountable. Hal Rogers said, adding that the only White a variety of reasons including menopausal House response he’s seen is ‘‘consternation.’’ These critical reforms strengthen our women not expecting to become pregnant and On a 21–29 vote, the committee defeated national security, give the Federal who may not discover it for many weeks. the amendment offered by THUD panel rank- Government the tools needed to com- H.R. 36 interferes with the doctor-patient re- ing member David Price that would have sig- bat threats, and ensure that privacy lationship, the sanctity of which is a corner- nificantly boosted funding for several trans- and civil liberties are protected. stone of medical care in our country. portation programs, including Amtrak and Our civil liberties aren’t the only 25,000 women in the United States become WMATA. rights meriting protection, however. pregnant as a result of rape here in the U.S. House Appropriations ranking member The right to life is the most funda- Nita Lowey countered Republican argu- every year. ments, saying it’s critical that Amtrak be mental of rights, and I am proud the Approximately 30 percent of rapes involves fully funded, especially after last night’s people’s House will consider H.R. 36, women under age 18. deadly derailment. the Pain Capable Unborn Child Protec- According to the Department of Justice, only ‘‘While we do not know the cause of this tion Act, getting America out of a 35 percent of women who are raped or sexu- accident, we do know that starving rail of group with North Korea, China, and ally assaulted reported the assault to police. funding will not enable safer train travel,’’ Vietnam as one of only seven nations This ban requires women rape victims to re- Lowey said. ‘‘It’s very clear that cutting the permitting such late-term abortions. port their ordeal before they can terminate funding drastically does not help improve H.R. 36 provides commonsense pro- services at Amtrak.’’ pregnancy resulting from rape or incest. The House THUD bill would provide about tections for 20-week-old and older un- Our vote today on this legislation will have $1.13 billion in Amtrak funding for fiscal born children who can feel pain as you real life consequences. 2016, down from about $1.4 billion this year.— and I do. They have fingers and toes, a Take for example the case of Tiffany Camp- Heather Caygle. heartbeat, and can kick hard enough to bell. Ms. SLAUGHTER. Madam Speaker, startle their mothers. Thanks to the When she was 19 weeks pregnant, Tiffany we have before us a bill that once again grace of God and the advances of mod- and her husband Chris learned her pregnancy solidifies the majority’s insistence on ern science, many of them can even was afflicted with a severe case of twin-to-twin putting political gain before women’s survive outside the womb. transfusion syndrome, a condition where the health. We also have a ruling that un- Millions of Americans welcome these two fetuses unequally share blood circulation. necessarily governs consideration of developments, and a majority of our This news was devastating to the Camp- three unrelated bills, each needing its constituents support defending the bells. own debate. These so-called grab-bag lives of almost fully developed unborn The diagnosis was that one of the fetuses rules harm our institution, muddle de- children. That is no surprise in the had a strained heart and acute risk of heart bate, and dishonor the importance of wake of Kermit Gosnell’s horrors and failure while the other had a blood supply that the Rules Committee and its jurisdic- will only continue as more Americans was insufficient to sustain normal develop- tion. learn about the dismemberment and ment. For all of these reasons, I urge my other grotesque practices that accom- The Campbells were told that without a se- colleagues to vote ‘‘no’’ on the rule, pany killing an unborn child of that lective termination, they risked the loss of both and I yield back the balance of my age. fetuses. time. This legislation is a necessary step in At 22 weeks, in consultation with their doc- Ms. FOXX. Madam Speaker, I yield recognizing the truth that science has tors, they made the difficult decision to abort myself such time as I may consume. made more clear with the passage of one fetus in order to save the other.

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\A13MY7.006 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2901 Today, the lifesaving procedure for one of Garrett Luetkemeyer Ross Maloney, Sean Pocan Speier the fetuses would be illegal under the new 20- Gibbs Lummis Rothfus Massie Polis Swalwell (CA) Gibson MacArthur Rouzer Matsui Price (NC) Takai week ban mode. Gohmert Marchant Royce McCollum Quigley Takano Then there is the ordeal that Vikki Stella Goodlatte Marino Russell McDermott Rangel Thompson (CA) faced. Gosar McCarthy Ryan (WI) McGovern Rice (NY) Thompson (MS) Gowdy McCaul McNerney Richmond Vikki is a diabetic who discovered months Salmon Titus Granger McClintock Sanford Meeks Roybal-Allard Tonko Meng Ruppersberger into her pregnancy that the fetus she was car- Graves (GA) McHenry Scalise Torres Graves (LA) McKinley Moore Rush rying suffered from several major anomalies Schweikert Tsongas Moulton Ryan (OH) Griffith McMorris Scott, Austin and had no chance of survival. Murphy (FL) Sa´ nchez, Linda Van Hollen Grothman Rodgers Sensenbrenner As a result of her diabetic medical condition, Guinta McSally Nadler T. Vargas Sessions Guthrie Meadows Napolitano Sanchez, Loretta Veasey Vikki’s doctor determined that induced labor Shimkus Hanna Meehan Neal Sarbanes Vela and Caesarian section were both riskier proce- Shuster Hardy Messer Nolan Schakowsky Vela´ zquez dures for Vikki than an abortion. Harper Mica Simpson Norcross Schiff Visclosky The procedure not only protected Vikki from Harris Miller (FL) Smith (MO) O’Rourke Schrader Walz Smith (NE) immediate medical risks, but also ensured that Hartzler Miller (MI) Pallone Scott (VA) Wasserman Heck (NV) Moolenaar Smith (NJ) Pascrell Scott, David Schultz she would be able to have children in the fu- Hensarling Mooney (WV) Smith (TX) Payne Serrano Waters, Maxine ture. Herrera Beutler Mullin Stefanik Pelosi Sewell (AL) Watson Coleman As you see from each woman’s story, every Hice, Jody B. Mulvaney Stewart Perlmutter Sherman Welch pregnancy is different. Hill Murphy (PA) Stivers Peters Sinema Wilson (FL) Holding Neugebauer Stutzman Peterson Sires Yarmuth In fact, none of us here is in the position to Hudson Newhouse Thompson (PA) Pingree Slaughter decide what is best for a woman and her fam- Huelskamp Noem Thornberry NOT VOTING—6 ily in their unique circumstances. Huizenga (MI) Nugent Tiberi Hultgren Nunes Tipton Barletta Graves (MO) Ruiz H.R. 36 would deprive women the ability to Hunter Olson Trott Capps Hinojosa Smith (WA) make very difficult and extremely personal Hurd (TX) Palazzo Turner medical decisions. Hurt (VA) Palmer Upton b 1416 Issa Paulsen Valadao Mr. LUETKEMEYER changed his A woman’s health, not politics should drive Jenkins (KS) Pearce important medical decisions and ignoring a Wagner vote from ‘‘nay’’ to ‘‘yea.’’ Jenkins (WV) Perry Walberg woman’s individual circumstances threatens Johnson (OH) Pittenger Walden So the resolution was agreed to. Johnson, Sam Pitts her health and takes an extremely personal Walker The result of the vote was announced Jolly Poe (TX) Walorski medical decision away from a woman and her Jones Poliquin as above recorded. Walters, Mimi health care provider. Jordan Pompeo A motion to reconsider was laid on Weber (TX) Joyce Posey The Administration urges Congress in its Webster (FL) the table. Katko Price, Tom Statement of Administration Policy to oppose Kelly (PA) Ratcliffe Wenstrup f Westerman H.R. 36 because it would unacceptably restrict King (IA) Reed PERMISSION TO POSTPONE PRO- women’s health and reproductive right to King (NY) Reichert Westmoreland Whitfield CEEDINGS ON MOTION TO RE- choose. Kinzinger (IL) Renacci Kline Ribble Williams COMMIT Women, regardless of their status in life Knight Rice (SC) Wilson (SC) should be able to make choices about their Labrador Rigell Wittman Mr. GOODLATTE. Mr. Speaker, I ask bodies and their healthcare, and we as elect- LaMalfa Roby Womack unanimous consent that the Chair may Woodall ed officials should not inject ourselves into de- Lamborn Roe (TN) postpone further proceedings today on Lance Rogers (AL) Yoder a motion to recommit as though under cisions best made between a woman and her Latta Rogers (KY) Yoho doctor. LoBiondo Rohrabacher Young (AK) clause 8 of rule XX. I yield back the balance of my time, Long Rokita Young (IA) The SPEAKER pro tempore (Mr. Loudermilk Rooney (FL) Young (IN) SIMPSON). Is there objection to the re- and I move the previous question on Love Ros-Lehtinen Zeldin the resolution. Lucas Roskam Zinke quest of the gentleman from Virginia? The previous question was ordered. There was no objection. The SPEAKER pro tempore. The NAYS—186 f question is on the resolution. Adams Crowley Higgins UNITING AND STRENGTHENING The question was taken; and the Aguilar Cuellar Himes Amash Cummings Honda AMERICA BY FULFILLING Speaker pro tempore announced that Ashford Davis (CA) Hoyer RIGHTS AND ENSURING EFFEC- the ayes appeared to have it. Bass Davis, Danny Huffman TIVE DISCIPLINE OVER MONI- Ms. SLAUGHTER. Madam Speaker, Beatty DeFazio Israel TORING ACT OF 2015 on that I demand the yeas and nays. Becerra DeGette Jackson Lee Bera Delaney Jeffries Mr. GOODLATTE. Mr. Speaker, pur- The yeas and nays were ordered. Beyer DeLauro Johnson (GA) suant to House Resolution 255, I call up The vote was taken by electronic de- Bishop (GA) DelBene Johnson, E. B. the bill (H.R. 2048) to reform the au- vice, and there were—yeas 240, nays Blumenauer DeSaulnier Kaptur Bonamici Deutch Keating thorities of the Federal Government to 186, not voting 6, as follows: Boyle, Brendan Dingell Kelly (IL) require the production of certain busi- [Roll No. 221] F. Doggett Kennedy Brady (PA) Doyle, Michael Kildee ness records, conduct electronic sur- YEAS—240 Brown (FL) F. Kilmer veillance, use pen registers and trap Abraham Bucshon Denham Brownley (CA) Duckworth Kind and trace devices, and use other forms Aderholt Burgess Dent Bustos Edwards Kirkpatrick Allen Byrne DeSantis Butterfield Ellison Kuster of information gathering for foreign in- Amodei Calvert DesJarlais Capuano Engel Langevin telligence, counterterrorism, and Babin Carter (GA) Diaz-Balart Ca´ rdenas Eshoo Larsen (WA) criminal purposes, and for other pur- Barr Carter (TX) Dold Carney Esty Larson (CT) poses, and ask for its immediate con- Barton Chabot Donovan Carson (IN) Farr Lawrence Benishek Chaffetz Duffy Cartwright Fattah Lee sideration. Bilirakis Clawson (FL) Duncan (SC) Castor (FL) Foster Levin The Clerk read the title of the bill. Bishop (MI) Coffman Duncan (TN) Castro (TX) Frankel (FL) Lewis The SPEAKER pro tempore. Pursu- Bishop (UT) Cole Ellmers (NC) Chu, Judy Fudge Lieu, Ted ant to House Resolution 255, the Black Collins (GA) Emmer (MN) Cicilline Gabbard Lipinski Blackburn Collins (NY) Farenthold Clark (MA) Gallego Loebsack amendment printed in part B of House Blum Comstock Fincher Clarke (NY) Garamendi Lofgren Report 114–111 is adopted, and the bill, Bost Conaway Fitzpatrick Clay Graham Lowenthal as amended, is considered read. Boustany Cook Fleischmann Cleaver Grayson Lowey Brady (TX) Costello (PA) Fleming Clyburn Green, Al Lujan Grisham The text of the bill, as amended, is as Brat Cramer Flores Cohen Green, Gene (NM) follows: Bridenstine Crawford Forbes Connolly Grijalva Luja´ n, Ben Ray H.R. 2048 Brooks (AL) Crenshaw Fortenberry Conyers Gutie´rrez (NM) Brooks (IN) Culberson Foxx Cooper Hahn Lynch Be it enacted by the Senate and House of Rep- Buchanan Curbelo (FL) Franks (AZ) Costa Hastings Maloney, resentatives of the United States of America in Buck Davis, Rodney Frelinghuysen Courtney Heck (WA) Carolyn Congress assembled,

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.013 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2902 CONGRESSIONAL RECORD — HOUSE May 13, 2015 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 802. New section 2280a of title 18, United tion term that satisfies the standard re- (a) SHORT TITLE.—This Act may be cited as States Code. quired under subsection (b)(2)(C)(ii); the ‘‘Uniting and Strengthening America by Sec. 803. Amendments to section 2281 of title ‘‘(iv) provide that the Government may re- Fulfilling Rights and Ensuring Effective Dis- 18, United States Code. quire the prompt production of a second set cipline Over Monitoring Act of 2015’’ or the Sec. 804. New section 2281a of title 18, United of call detail records using session-identi- ‘‘USA FREEDOM Act of 2015’’. States Code. fying information or a telephone calling card (b) TABLE OF CONTENTS.—The table of con- Sec. 805. Ancillary measure. number identified by the specific selection tents for this Act is as follows: Subtitle B—Prevention of Nuclear Terrorism term used to produce call detail records Sec. 1. Short title; table of contents. Sec. 811. New section 2332i of title 18, United under clause (iii); Sec. 2. Amendments to the Foreign Intel- States Code. ‘‘(v) provide that, when produced, such ligence Surveillance Act of 1978. Sec. 812. Amendment to section 831 of title records be in a form that will be useful to TITLE I—FISA BUSINESS RECORDS 18, United States Code. the Government; REFORMS SEC. 2. AMENDMENTS TO THE FOREIGN INTEL- ‘‘(vi) direct each person the Government LIGENCE SURVEILLANCE ACT OF directs to produce call detail records under Sec. 101. Additional requirements for call 1978. the order to furnish the Government forth- detail records. Except as otherwise expressly provided, with all information, facilities, or technical Sec. 102. Emergency authority. whenever in this Act an amendment or re- assistance necessary to accomplish the pro- Sec. 103. Prohibition on bulk collection of peal is expressed in terms of an amendment duction in such a manner as will protect the tangible things. to, or a repeal of, a section or other provi- secrecy of the production and produce a min- Sec. 104. Judicial review. sion, the reference shall be considered to be imum of interference with the services that Sec. 105. Liability protection. made to a section or other provision of the such person is providing to each subject of Sec. 106. Compensation for assistance. Foreign Intelligence Surveillance Act of 1978 the production; and Sec. 107. Definitions. (50 U.S.C. 1801 et seq.). ‘‘(vii) direct the Government to— Sec. 108. Inspector General reports on busi- ‘‘(I) adopt minimization procedures that ness records orders. TITLE I—FISA BUSINESS RECORDS REFORMS require the prompt destruction of all call de- Sec. 109. Effective date. tail records produced under the order that Sec. 110. Rule of construction. SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS. the Government determines are not foreign TITLE II—FISA PEN REGISTER AND (a) APPLICATION.—Section 501(b)(2) (50 intelligence information; and TRAP AND TRACE DEVICE REFORM U.S.C. 1861(b)(2)) is amended— ‘‘(II) destroy all call detail records pro- Sec. 201. Prohibition on bulk collection. (1) in subparagraph (A)— duced under the order as prescribed by such Sec. 202. Privacy procedures. (A) in the matter preceding clause (i), by procedures.’’. TITLE III—FISA ACQUISITIONS TAR- striking ‘‘a statement’’ and inserting ‘‘in the SEC. 102. EMERGENCY AUTHORITY. GETING PERSONS OUTSIDE THE case of an application other than an applica- (a) AUTHORITY.—Section 501 (50 U.S.C. 1861) UNITED STATES REFORMS tion described in subparagraph (C) (including is amended by adding at the end the fol- Sec. 301. Limits on use of unlawfully ob- an application for the production of call de- lowing new subsections: tained information. tail records other than in the manner de- ‘‘(i) EMERGENCY AUTHORITY FOR PRODUC- scribed in subparagraph (C)), a statement’’; TION OF TANGIBLE THINGS.— TITLE IV—FOREIGN INTELLIGENCE and ‘‘(1) Notwithstanding any other provision SURVEILLANCE COURT REFORMS (B) in clause (iii), by striking ‘‘; and’’ and of this section, the Attorney General may re- Sec. 401. Appointment of amicus curiae. inserting a semicolon; quire the emergency production of tangible Sec. 402. Declassification of decisions, or- (2) by redesignating subparagraphs (A) and things if the Attorney General— ders, and opinions. (B) as subparagraphs (B) and (D), respec- ‘‘(A) reasonably determines that an emer- TITLE V—NATIONAL SECURITY LETTER tively; and gency situation requires the production of REFORM (3) by inserting after subparagraph (B) (as tangible things before an order authorizing Sec. 501. Prohibition on bulk collection. so redesignated) the following new subpara- such production can with due diligence be Sec. 502. Limitations on disclosure of na- graph: obtained; tional security letters. ‘‘(C) in the case of an application for the ‘‘(B) reasonably determines that the fac- Sec. 503. Judicial review. production on an ongoing basis of call detail tual basis for the issuance of an order under records created before, on, or after the date this section to approve such production of TITLE VI—FISA TRANSPARENCY AND of the application relating to an authorized tangible things exists; REPORTING REQUIREMENTS investigation (other than a threat assess- ‘‘(C) informs, either personally or through Sec. 601. Additional reporting on orders re- ment) conducted in accordance with sub- a designee, a judge having jurisdiction under quiring production of business section (a)(2) to protect against inter- this section at the time the Attorney Gen- records; business records com- national terrorism, a statement of facts eral requires the emergency production of pliance reports to Congress. showing that— tangible things that the decision has been Sec. 602. Annual reports by the Government. ‘‘(i) there are reasonable grounds to believe made to employ the authority under this Sec. 603. Public reporting by persons subject that the call detail records sought to be pro- subsection; and to FISA orders. duced based on the specific selection term ‘‘(D) makes an application in accordance Sec. 604. Reporting requirements for deci- required under subparagraph (A) are relevant with this section to a judge having jurisdic- sions, orders, and opinions of to such investigation; and tion under this section as soon as prac- the Foreign Intelligence Sur- ‘‘(ii) there is a reasonable, articulable sus- ticable, but not later than 7 days after the veillance Court and the Foreign picion that such specific selection term is as- Attorney General requires the emergency Intelligence Surveillance Court sociated with a foreign power engaged in production of tangible things under this sub- of Review. international terrorism or activities in prep- section. Sec. 605. Submission of reports under FISA. aration therefor, or an agent of a foreign ‘‘(2) If the Attorney General requires the TITLE VII—ENHANCED NATIONAL power engaged in international terrorism or emergency production of tangible things SECURITY PROVISIONS activities in preparation therefor; and’’. under paragraph (1), the Attorney General Sec. 701. Emergencies involving non-United (b) ORDER.—Section 501(c)(2) (50 U.S.C. shall require that the minimization proce- States persons. 1861(c)(2)) is amended— dures required by this section for the Sec. 702. Preservation of treatment of non- (1) in subparagraph (D), by striking ‘‘; and’’ issuance of a judicial order be followed. United States persons traveling and inserting a semicolon; ‘‘(3) In the absence of a judicial order ap- outside the United States as (2) in subparagraph (E), by striking the pe- proving the production of tangible things agents of foreign powers. riod and inserting ‘‘; and’’; and under this subsection, the production shall Sec. 703. Improvement to investigations of (3) by adding at the end the following new terminate when the information sought is international proliferation of subparagraph: obtained, when the application for the order weapons of mass destruction. ‘‘(F) in the case of an application described is denied, or after the expiration of 7 days Sec. 704. Increase in penalties for material in subsection (b)(2)(C), shall— from the time the Attorney General begins support of foreign terrorist or- ‘‘(i) authorize the production on a daily requiring the emergency production of such ganizations. basis of call detail records for a period not to tangible things, whichever is earliest. Sec. 705. Sunsets. exceed 180 days; ‘‘(4) A denial of the application made under ‘‘(ii) provide that an order for such produc- this subsection may be reviewed as provided TITLE VIII—SAFETY OF MARITIME NAVI- tion may be extended upon application under in section 103. GATION AND NUCLEAR TERRORISM subsection (b) and the judicial finding under ‘‘(5) If such application for approval is de- CONVENTIONS IMPLEMENTATION paragraph (1) of this subsection; nied, or in any other case where the produc- Subtitle A—Safety of Maritime Navigation ‘‘(iii) provide that the Government may re- tion of tangible things is terminated and no Sec. 801. Amendment to section 2280 of title quire the prompt production of a first set of order is issued approving the production, no 18, United States Code. call detail records using the specific selec- information obtained or evidence derived

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from such production shall be received in (3) TECHNICAL AND CONFORMING AMEND- number), a telephone calling card number, or evidence or otherwise disclosed in any trial, MENT.—Section 501(g)(1) (50 U.S.C. 1861(g)(1)) the time or duration of a call; and hearing, or other proceeding in or before any is amended— ‘‘(B) does not include— court, grand jury, department, office, agen- (A) by striking ‘‘Not later than 180 days ‘‘(i) the contents (as defined in section cy, regulatory body, legislative committee, after the date of the enactment of the USA 2510(8) of title 18, United States Code) of any or other authority of the United States, a PATRIOT Improvement and Reauthorization communication; State, or a political subdivision thereof, and Act of 2005, the’’ and inserting ‘‘The’’; and ‘‘(ii) the name, address, or financial infor- no information concerning any United (B) by inserting after ‘‘adopt’’ the fol- mation of a subscriber or customer; or States person acquired from such production lowing: ‘‘, and update as appropriate,’’. ‘‘(iii) cell site location or global posi- shall subsequently be used or disclosed in (b) ORDERS.—Section 501(f)(2) (50 U.S.C. tioning system information. any other manner by Federal officers or em- 1861(f)(2)) is amended— ‘‘(4) SPECIFIC SELECTION TERM.— ployees without the consent of such person, (1) in subparagraph (A)(i)— ‘‘(A) TANGIBLE THINGS.— except with the approval of the Attorney (A) by striking ‘‘that order’’ and inserting ‘‘(i) IN GENERAL.—Except as provided in General if the information indicates a threat ‘‘the production order or any nondisclosure subparagraph (B), a ‘specific selection of death or serious bodily harm to any per- order imposed in connection with the pro- term’— son. duction order’’; and ‘‘(I) is a term that specifically identifies a ‘‘(6) The Attorney General shall assess (B) by striking the second sentence; and person, account, address, or personal device, compliance with the requirements of para- (2) in subparagraph (C)— or any other specific identifier; and graph (5).’’. (A) by striking clause (ii); and ‘‘(II) is used to limit, to the greatest extent reasonably practicable, the scope of tangible (b) CONFORMING AMENDMENT.—Section (B) by redesignating clause (iii) as clause 501(d) (50 U.S.C. 1861(d)) is amended— (ii). things sought consistent with the purpose (1) in paragraph (1)— SEC. 105. LIABILITY PROTECTION. for seeking the tangible things. (A) in the matter preceding subparagraph Section 501(e) (50 U.S.C. 1861(e)) is amended ‘‘(ii) LIMITATION.—A specific selection term under clause (i) does not include an identi- (A), by striking ‘‘pursuant to an order’’ and to read as follows: fier that does not limit, to the greatest ex- inserting ‘‘pursuant to an order issued or an ‘‘(e)(1) No cause of action shall lie in any tent reasonably practicable, the scope of tan- emergency production required’’; court against a person who— gible things sought consistent with the pur- (B) in subparagraph (A), by striking ‘‘such ‘‘(A) produces tangible things or provides pose for seeking the tangible things, such as order’’ and inserting ‘‘such order or such information, facilities, or technical assist- an identifier that— emergency production’’; and ance in accordance with an order issued or ‘‘(I) identifies an electronic communica- (C) in subparagraph (B), by striking ‘‘the an emergency production required under this tion service provider (as that term is defined order’’ and inserting ‘‘the order or the emer- section; or in section 701) or a provider of remote com- gency production’’; and ‘‘(B) otherwise provides technical assist- puting service (as that term is defined in sec- (2) in paragraph (2)— ance to the Government under this section tion 2711 of title 18, United States Code), or to implement the amendments made to (A) in subparagraph (A), by striking ‘‘an when not used as part of a specific identifier this section by the USA FREEDOM Act of order’’ and inserting ‘‘an order or emergency as described in clause (i), unless the provider 2015. production’’; and is itself a subject of an authorized investiga- ‘‘(2) A production or provision of informa- (B) in subparagraph (B), by striking ‘‘an tion for which the specific selection term is tion, facilities, or technical assistance de- order’’ and inserting ‘‘an order or emergency used as the basis for the production; or scribed in paragraph (1) shall not be deemed production’’. ‘‘(II) identifies a broad geographic region, to constitute a waiver of any privilege in any SEC. 103. PROHIBITION ON BULK COLLECTION including the United States, a city, a coun- other proceeding or context.’’. OF TANGIBLE THINGS. ty, a State, a zip code, or an area code, when SEC. 106. COMPENSATION FOR ASSISTANCE. (a) APPLICATION.—Section 501(b)(2) (50 not used as part of a specific identifier as de- U.S.C. 1861(b)(2)), as amended by section Section 501 (50 U.S.C. 1861), as amended by scribed in clause (i). 101(a) of this Act, is further amended by in- section 102 of this Act, is further amended by ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in serting before subparagraph (B), as redesig- adding at the end the following new sub- this paragraph shall be construed to preclude nated by such section 101(a) of this Act, the section: the use of multiple terms or identifiers to ‘‘(j) COMPENSATION.—The Government shall following new subparagraph: meet the requirements of clause (i). compensate a person for reasonable expenses ‘‘(A) a specific selection term to be used as ‘‘(B) CALL DETAIL RECORD APPLICATIONS.— incurred for— the basis for the production of the tangible For purposes of an application submitted ‘‘(1) producing tangible things or providing things sought;’’. under subsection (b)(2)(C), the term ‘specific information, facilities, or assistance in ac- (b) ORDER.—Section 501(c) (50 U.S.C. selection term’ means a term that specifi- cordance with an order issued with respect cally identifies an individual, account, or 1861(c)) is amended— to an application described in subsection (1) in paragraph (2)(A), by striking the personal device.’’. (b)(2)(C) or an emergency production under SEC. 108. INSPECTOR GENERAL REPORTS ON semicolon and inserting ‘‘, including each subsection (i) that, to comply with sub- specific selection term to be used as the BUSINESS RECORDS ORDERS. section (i)(1)(D), requires an application de- Section 106A of the USA PATRIOT Im- basis for the production;’’; and scribed in subsection (b)(2)(C); or (2) by adding at the end the following new provement and Reauthorization Act of 2005 ‘‘(2) otherwise providing technical assist- (Public Law 109–177; 120 Stat. 200) is amend- paragraph: ance to the Government under this section ed— ‘‘(3) No order issued under this subsection or to implement the amendments made to (1) in subsection (b)— may authorize the collection of tangible this section by the USA FREEDOM Act of (A) in paragraph (1), by inserting ‘‘and cal- things without the use of a specific selection 2015.’’. endar years 2012 through 2014’’ after ‘‘2006’’; term that meets the requirements of sub- SEC. 107. DEFINITIONS. (B) by striking paragraphs (2) and (3); section (b)(2).’’. Section 501 (50 U.S.C. 1861), as amended by (C) by redesignating paragraphs (4) and (5) SEC. 104. JUDICIAL REVIEW. section 106 of this Act, is further amended by as paragraphs (2) and (3), respectively; and (a) MINIMIZATION PROCEDURES.— adding at the end the following new sub- (D) in paragraph (3) (as so redesignated)— (1) JUDICIAL REVIEW.—Section 501(c)(1) (50 section: (i) by striking subparagraph (C) and insert- U.S.C. 1861(c)(1)) is amended by inserting ‘‘(k) DEFINITIONS.—In this section: ing the following new subparagraph: after ‘‘subsections (a) and (b)’’ the following: ‘‘(1) IN GENERAL.—The terms ‘foreign ‘‘(C) with respect to calendar years 2012 ‘‘and that the minimization procedures sub- power’, ‘agent of a foreign power’, ‘inter- through 2014, an examination of the mini- mitted in accordance with subsection national terrorism’, ‘foreign intelligence in- mization procedures used in relation to or- (b)(2)(D) meet the definition of minimization formation’, ‘Attorney General’, ‘United ders under section 501 of the Foreign Intel- procedures under subsection (g)’’. States person’, ‘United States’, ‘person’, and ligence Surveillance Act of 1978 (50 U.S.C. (2) RULE OF CONSTRUCTION.—Section 501(g) ‘State’ have the meanings provided those 1861) and whether the minimization proce- (50 U.S.C. 1861(g)) is amended by adding at terms in section 101. dures adequately protect the constitutional the end the following new paragraph: ‘‘(2) ADDRESS.—The term ‘address’ means a rights of United States persons;’’; and ‘‘(3) RULE OF CONSTRUCTION.—Nothing in physical address or electronic address, such (ii) in subparagraph (D), by striking ‘‘(as this subsection shall limit the authority of as an electronic mail address or temporarily such term is defined in section 3(4) of the Na- the court established under section 103(a) to assigned network address (including an tional Security Act of 1947 (50 U.S.C. impose additional, particularized minimiza- Internet protocol address). 401a(4)))’’; tion procedures with regard to the produc- ‘‘(3) CALL DETAIL RECORD.—The term ‘call (2) in subsection (c), by adding at the end tion, retention, or dissemination of nonpub- detail record’— the following new paragraph: licly available information concerning ‘‘(A) means session-identifying informa- ‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.— unconsenting United States persons, includ- tion (including an originating or terminating Not later than 1 year after the date of enact- ing additional, particularized procedures re- telephone number, an International Mobile ment of the USA FREEDOM Act of 2015, the lated to the destruction of information with- Subscriber Identity number, or an Inter- Inspector General of the Department of Jus- in a reasonable time period.’’. national Mobile Station Equipment Identity tice shall submit to the Committee on the

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.005 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2904 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Judiciary and the Select Committee on In- ligence Surveillance Act of 1978 (50 U.S.C. SEC. 202. PRIVACY PROCEDURES. telligence of the Senate and the Committee 1801).’’. (a) IN GENERAL.—Section 402 (50 U.S.C. on the Judiciary and the Permanent Select SEC. 109. EFFECTIVE DATE. 1842) is amended by adding at the end the fol- Committee on Intelligence of the House of lowing new subsection: (a) IN GENERAL.—The amendments made by Representatives a report containing the re- ‘‘(h) PRIVACY PROCEDURES.— sections 101 through 103 shall take effect on sults of the audit conducted under sub- ‘‘(1) IN GENERAL.—The Attorney General section (a) for calendar years 2012 through the date that is 180 days after the date of the shall ensure that appropriate policies and 2014.’’; enactment of this Act. procedures are in place to safeguard nonpub- (3) by redesignating subsections (d) and (e) (b) RULE OF CONSTRUCTION.—Nothing in licly available information concerning as subsections (e) and (f), respectively; this Act shall be construed to alter or elimi- United States persons that is collected (4) by inserting after subsection (c) the fol- nate the authority of the Government to ob- through the use of a pen register or trap and lowing new subsection: tain an order under title V of the Foreign In- trace device installed under this section. ‘‘(d) INTELLIGENCE ASSESSMENT.— telligence Surveillance Act of 1978 (50 U.S.C. Such policies and procedures shall, to the ‘‘(1) IN GENERAL.—For the period beginning 1861 et seq.) as in effect prior to the effective maximum extent practicable and consistent on January 1, 2012, and ending on December date described in subsection (a) during the with the need to protect national security, 31, 2014, the Inspector General of the Intel- period ending on such effective date. include privacy protections that apply to the ligence Community shall assess— SEC. 110. RULE OF CONSTRUCTION. collection, retention, and use of information ‘‘(A) the importance of the information ac- Nothing in this Act shall be construed to concerning United States persons. quired under title V of the Foreign Intel- authorize the production of the contents (as ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ligence Surveillance Act of 1978 (50 U.S.C. such term is defined in section 2510(8) of title this subsection limits the authority of the 1861 et seq.) to the activities of the intel- 18, United States Code) of any electronic court established under section 103(a) or of ligence community; communication from an electronic commu- the Attorney General to impose additional ‘‘(B) the manner in which that information nication service provider (as such term is de- privacy or minimization procedures with re- was collected, retained, analyzed, and dis- fined in section 701(b)(4) of the Foreign Intel- gard to the installation or use of a pen reg- seminated by the intelligence community; ligence Surveillance Act of 1978 (50 U.S.C. ister or trap and trace device.’’. ‘‘(C) the minimization procedures used by 1881(b)(4))) under title V of the Foreign Intel- (b) EMERGENCY AUTHORITY.—Section 403 (50 elements of the intelligence community ligence Surveillance Act of 1978 (50 U.S.C. U.S.C. 1843) is amended by adding at the end under such title and whether the minimiza- 1861 et seq.). the following new subsection: tion procedures adequately protect the con- ‘‘(d) PRIVACY PROCEDURES.—Information stitutional rights of United States persons; TITLE II—FISA PEN REGISTER AND TRAP collected through the use of a pen register or and AND TRACE DEVICE REFORM trap and trace device installed under this ‘‘(D) any minimization procedures pro- SEC. 201. PROHIBITION ON BULK COLLECTION. section shall be subject to the policies and posed by an element of the intelligence com- procedures required under section 402(h).’’. (a) PROHIBITION.—Section 402(c) (50 U.S.C. munity under such title that were modified TITLE III—FISA ACQUISITIONS TAR- or denied by the court established under sec- 1842(c)) is amended— (1) in paragraph (1), by striking ‘‘; and’’ and GETING PERSONS OUTSIDE THE UNITED tion 103(a) of such Act (50 U.S.C. 1803(a)). STATES REFORMS ‘‘(2) SUBMISSION DATE FOR ASSESSMENT.— inserting a semicolon; Not later than 180 days after the date on (2) in paragraph (2), by striking the period SEC. 301. LIMITS ON USE OF UNLAWFULLY OB- TAINED INFORMATION. which the Inspector General of the Depart- at the end and inserting ‘‘; and’’; and Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is ment of Justice submits the report required (3) by adding at the end the following new amended by adding at the end the following under subsection (c)(3), the Inspector Gen- paragraph: new subparagraph: eral of the Intelligence Community shall ‘‘(3) a specific selection term to be used as ‘‘(D) LIMITATION ON USE OF INFORMATION.— submit to the Committee on the Judiciary the basis for the use of the pen register or ‘‘(i) IN GENERAL.—Except as provided in and the Select Committee on Intelligence of trap and trace device.’’. clause (ii), if the Court orders a correction of the Senate and the Committee on the Judici- (b) DEFINITION.—Section 401 (50 U.S.C. 1841) ary and the Permanent Select Committee on is amended by adding at the end the fol- a deficiency in a certification or procedures Intelligence of the House of Representatives lowing new paragraph: under subparagraph (B), no information ob- a report containing the results of the assess- ‘‘(4)(A) The term ‘specific selection term’— tained or evidence derived pursuant to the ment for calendar years 2012 through 2014.’’; ‘‘(i) is a term that specifically identifies a part of the certification or procedures that (5) in subsection (e), as redesignated by person, account, address, or personal device, has been identified by the Court as deficient paragraph (3)— or any other specific identifier; and concerning any United States person shall be (A) in paragraph (1)— ‘‘(ii) is used to limit, to the greatest extent received in evidence or otherwise disclosed (i) by striking ‘‘a report under subsection reasonably practicable, the scope of informa- in any trial, hearing, or other proceeding in (c)(1) or (c)(2)’’ and inserting ‘‘any report tion sought, consistent with the purpose for or before any court, grand jury, department, under subsection (c) or (d)’’; and seeking the use of the pen register or trap office, agency, regulatory body, legislative (ii) by striking ‘‘Inspector General of the and trace device. committee, or other authority of the United Department of Justice’’ and inserting ‘‘In- ‘‘(B) A specific selection term under sub- States, a State, or political subdivision spector General of the Department of Jus- paragraph (A) does not include an identifier thereof, and no information concerning any tice, the Inspector General of the Intel- that does not limit, to the greatest extent United States person acquired pursuant to ligence Community, and any Inspector Gen- reasonably practicable, the scope of informa- such part of such certification or procedures eral of an element of the intelligence com- tion sought, consistent with the purpose for shall subsequently be used or disclosed in munity that prepares a report to assist the seeking the use of the pen register or trap any other manner by Federal officers or em- Inspector General of the Department of Jus- and trace device, such as an identifier that— ployees without the consent of the United tice or the Inspector General of the Intel- ‘‘(i) identifies an electronic communica- States person, except with the approval of ligence Community in complying with the tion service provider (as that term is defined the Attorney General if the information in- requirements of this section’’; and in section 701) or a provider of remote com- dicates a threat of death or serious bodily (B) in paragraph (2), by striking ‘‘the re- puting service (as that term is defined in sec- harm to any person. ports submitted under subsections (c)(1) and tion 2711 of title 18, United States Code), ‘‘(ii) EXCEPTION.—If the Government cor- (c)(2)’’ and inserting ‘‘any report submitted when not used as part of a specific identifier rects any deficiency identified by the order under subsection (c) or (d)’’; as described in subparagraph (A), unless the of the Court under subparagraph (B), the (6) in subsection (f), as redesignated by provider is itself a subject of an authorized Court may permit the use or disclosure of in- paragraph (3)— investigation for which the specific selection formation obtained before the date of the (A) by striking ‘‘The reports submitted term is used as the basis for the use; or correction under such minimization proce- under subsections (c)(1) and (c)(2)’’ and in- ‘‘(ii) identifies a broad geographic region, dures as the Court may approve for purposes serting ‘‘Each report submitted under sub- including the United States, a city, a coun- of this clause.’’. section (c)’’; and ty, a State, a zip code, or an area code, when TITLE IV—FOREIGN INTELLIGENCE (B) by striking ‘‘subsection (d)(2)’’ and in- not used as part of a specific identifier as de- SURVEILLANCE COURT REFORMS serting ‘‘subsection (e)(2)’’; and scribed in subparagraph (A). SEC. 401. APPOINTMENT OF AMICUS CURIAE. (7) by adding at the end the following new ‘‘(C) For purposes of subparagraph (A), the Section 103 (50 U.S.C. 1803) is amended by subsection: term ‘address’ means a physical address or adding at the end the following new sub- ‘‘(g) DEFINITIONS.—In this section: electronic address, such as an electronic sections: ‘‘(1) INTELLIGENCE COMMUNITY.—The term mail address or temporarily assigned net- ‘‘(i) AMICUS CURIAE.— ‘intelligence community’ has the meaning work address (including an Internet protocol ‘‘(1) DESIGNATION.—The presiding judges of given that term in section 3 of the National address). the courts established under subsections (a) Security Act of 1947 (50 U.S.C. 3003). ‘‘(D) Nothing in this paragraph shall be and (b) shall, not later than 180 days after ‘‘(2) UNITED STATES PERSON.—The term construed to preclude the use of multiple the enactment of this subsection, jointly ‘United States person’ has the meaning given terms or identifiers to meet the require- designate not fewer than 5 individuals to be that term in section 101 of the Foreign Intel- ments of subparagraph (A).’’. eligible to serve as amicus curiae, who shall

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serve pursuant to rules the presiding judges ‘‘(C) CLASSIFIED INFORMATION.—An amicus lance Court or the Foreign Intelligence Sur- may establish. In designating such individ- curiae designated or appointed by the court veillance Court of Review (as defined in sec- uals, the presiding judges may consider indi- may have access to classified documents, in- tion 601(e)) that includes a significant con- viduals recommended by any source, includ- formation, and other materials or pro- struction or interpretation of any provision ing members of the Privacy and Civil Lib- ceedings only if that individual is eligible for of law, including any novel or significant erties Oversight Board, the judges determine access to classified information and to the construction or interpretation of the term appropriate. extent consistent with the national security ‘specific selection term’, and, consistent ‘‘(2) AUTHORIZATION.—A court established of the United States. with that review, make publicly available to under subsection (a) or (b), consistent with ‘‘(D) RULE OF CONSTRUCTION.—Nothing in the greatest extent practicable each such de- the requirement of subsection (c) and any this section shall be construed to require the cision, order, or opinion. other statutory requirement that the court Government to provide information to an ‘‘(b) REDACTED FORM.—The Director of Na- act expeditiously or within a stated time— amicus curiae appointed by the court that is tional Intelligence, in consultation with the ‘‘(A) shall appoint an individual who has privileged from disclosure. Attorney General, may satisfy the require- been designated under paragraph (1) to serve ‘‘(7) NOTIFICATION.—A presiding judge of a ment under subsection (a) to make a deci- as amicus curiae to assist such court in the court established under subsection (a) or (b) sion, order, or opinion described in such sub- consideration of any application for an order shall notify the Attorney General of each ex- section publicly available to the greatest ex- or review that, in the opinion of the court, ercise of the authority to appoint an indi- tent practicable by making such decision, presents a novel or significant interpretation vidual to serve as amicus curiae under para- order, or opinion publicly available in re- of the law, unless the court issues a finding graph (2). dacted form. that such appointment is not appropriate; ‘‘(8) ASSISTANCE.—A court established ‘‘(c) NATIONAL SECURITY WAIVER.—The Di- and under subsection (a) or (b) may request and rector of National Intelligence, in consulta- ‘‘(B) may appoint an individual or organi- receive (including on a nonreimbursable tion with the Attorney General, may waive zation to serve as amicus curiae, including basis) the assistance of the executive branch the requirement to declassify and make pub- to provide technical expertise, in any in- in the implementation of this subsection. licly available a particular decision, order, stance as such court deems appropriate or, ‘‘(9) ADMINISTRATION.—A court established or opinion under subsection (a), if— upon motion, permit an individual or organi- under subsection (a) or (b) may provide for ‘‘(1) the Director of National Intelligence, zation leave to file an amicus curiae brief. the designation, appointment, removal, in consultation with the Attorney General, ‘‘(3) QUALIFICATIONS OF AMICUS CURIAE.— training, or other support for an individual determines that a waiver of such require- ‘‘(A) EXPERTISE.—Individuals designated designated to serve as amicus curiae under ment is necessary to protect the national se- under paragraph (1) shall be persons who pos- paragraph (1) or appointed to serve as amicus curity of the United States or properly clas- sess expertise in privacy and civil liberties, curiae under paragraph (2) in a manner that sified intelligence sources or methods; and intelligence collection, communications is not inconsistent with this subsection. ‘‘(2) the Director of National Intelligence technology, or any other area that may lend ‘‘(10) RECEIPT OF INFORMATION.—Nothing in makes publicly available an unclassified legal or technical expertise to a court estab- this subsection shall limit the ability of a statement prepared by the Attorney General, lished under subsection (a) or (b). court established under subsection (a) or (b) in consultation with the Director of National ECURITY CLEARANCE.—Individuals ‘‘(B) S to request or receive information or mate- Intelligence— designated pursuant to paragraph (1) shall be rials from, or otherwise communicate with, ‘‘(A) summarizing the significant construc- persons who are determined to be eligible for the Government or amicus curiae appointed tion or interpretation of any provision of access to classified information necessary to under paragraph (2) on an ex parte basis, nor law, which shall include, to the extent con- participate in matters before the courts. limit any special or heightened obligation in sistent with national security, a description Amicus curiae appointed by the court pursu- any ex parte communication or proceeding. of the context in which the matter arises and ant to paragraph (2) shall be persons who are ‘‘(j) REVIEW OF FISA COURT DECISIONS.— any significant construction or interpreta- determined to be eligible for access to classi- Following issuance of an order under this tion of any statute, constitutional provision, fied information, if such access is necessary Act, a court established under subsection (a) or other legal authority relied on by the de- to participate in the matters in which they shall certify for review to the court estab- cision; and may be appointed. lished under subsection (b) any question of ‘‘(B) that specifies that the statement has ‘‘(4) DUTIES.—If a court established under subsection (a) or (b) appoints an amicus cu- law that may affect resolution of the matter been prepared by the Attorney General and riae under paragraph (2)(A), the amicus cu- in controversy that the court determines constitutes no part of the opinion of the For- riae shall provide to the court, as appro- warrants such review because of a need for eign Intelligence Surveillance Court or the priate— uniformity or because consideration by the Foreign Intelligence Surveillance Court of ‘‘(A) legal arguments that advance the pro- court established under subsection (b) would Review.’’. tection of individual privacy and civil lib- serve the interests of justice. Upon certifi- (b) TABLE OF CONTENTS AMENDMENTS.—The erties; cation of a question of law under this sub- table of contents in the first section is ‘‘(B) information related to intelligence section, the court established under sub- amended— collection or communications technology; or section (b) may give binding instructions or (1) by striking the item relating to title VI ‘‘(C) legal arguments or information re- require the entire record to be sent up for de- and inserting the following new item: garding any other area relevant to the issue cision of the entire matter in controversy. ‘‘TITLE VI—OVERSIGHT’’; ‘‘(k) REVIEW OF FISA COURT OF REVIEW DE- presented to the court. and CISIONS.— ‘‘(5) ASSISTANCE.—An amicus curiae ap- (2) by inserting after the item relating to ‘‘(1) CERTIFICATION.—For purposes of sec- pointed under paragraph (2)(A) may request section 601 the following new item: that the court designate or appoint addi- tion 1254(2) of title 28, United States Code, ‘‘Sec. 602. Declassification of significant de- tional amici curiae pursuant to paragraph (1) the court of review established under sub- cisions, orders, and opinions.’’. or paragraph (2), to be available to assist the section (b) shall be considered to be a court amicus curiae. of appeals. TITLE V—NATIONAL SECURITY LETTER ‘‘(6) ACCESS TO INFORMATION.— ‘‘(2) AMICUS CURIAE BRIEFING.—Upon cer- REFORM ‘‘(A) IN GENERAL.—If a court established tification of an application under paragraph SEC. 501. PROHIBITION ON BULK COLLECTION. under subsection (a) or (b) appoints an ami- (1), the Supreme Court of the United States (a) COUNTERINTELLIGENCE ACCESS TO TELE- cus curiae under paragraph (2), the amicus may appoint an amicus curiae designated PHONE TOLL AND TRANSACTIONAL RECORDS.— curiae— under subsection (i)(1), or any other person, Section 2709(b) of title 18, United States ‘‘(i) shall have access to any legal prece- to provide briefing or other assistance.’’. Code, is amended in the matter preceding dent, application, certification, petition, mo- SEC. 402. DECLASSIFICATION OF DECISIONS, OR- paragraph (1) by striking ‘‘may’’ and insert- tion, or such other materials that the court DERS, AND OPINIONS. ing ‘‘may, using a term that specifically determines are relevant to the duties of the (a) DECLASSIFICATION.—Title VI (50 U.S.C. identifies a person, entity, telephone num- amicus curiae; and 1871 et seq.) is amended— ber, or account as the basis for a request’’. ‘‘(ii) may, if the court determines that it is (1) in the heading, by striking ‘‘REPORT- (b) ACCESS TO FINANCIAL RECORDS FOR CER- relevant to the duties of the amicus curiae, ING REQUIREMENT’’ and inserting ‘‘OVER- TAIN INTELLIGENCE AND PROTECTIVE PUR- consult with any other individuals des- SIGHT’’; and POSES.—Section 1114(a)(2) of the Right to Fi- ignated pursuant to paragraph (1) regarding (2) by adding at the end the following new nancial Privacy Act of 1978 (12 U.S.C. information relevant to any assigned pro- section: 3414(a)(2)) is amended by striking the period ceeding. ‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT and inserting ‘‘and a term that specifically ‘‘(B) BRIEFINGS.—The Attorney General DECISIONS, ORDERS, AND OPINIONS. identifies a customer, entity, or account to may periodically brief or provide relevant ‘‘(a) DECLASSIFICATION REQUIRED.—Subject be used as the basis for the production and materials to individuals designated pursuant to subsection (b), the Director of National disclosure of financial records.’’. to paragraph (1) regarding constructions and Intelligence, in consultation with the Attor- (c) DISCLOSURES TO FBI OF CERTAIN CON- interpretations of this Act and legal, techno- ney General, shall conduct a declassification SUMER RECORDS FOR COUNTERINTELLIGENCE logical, and other issues related to actions review of each decision, order, or opinion PURPOSES.—Section 626 of the Fair Credit authorized by this Act. issued by the Foreign Intelligence Surveil- Reporting Act (15 U.S.C. 1681u) is amended—

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.005 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2906 CONGRESSIONAL RECORD — HOUSE May 13, 2015 (1) in subsection (a), by striking ‘‘that in- formation otherwise subject to a nondisclo- whom such disclosure was made prior to the formation,’’ and inserting ‘‘that information sure requirement shall notify the person of request.’’. that includes a term that specifically identi- the applicable nondisclosure requirement. (c) IDENTITY OF FINANCIAL INSTITUTIONS fies a consumer or account to be used as the ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- AND CREDIT REPORTS.—Section 626 of the basis for the production of that informa- ENTS.—At the request of the Director of the Fair Credit Reporting Act (15 U.S.C. 1681u) is tion,’’; Federal Bureau of Investigation or the des- amended by striking subsection (d) and in- (2) in subsection (b), by striking ‘‘written ignee of the Director, any person making or serting the following new subsection: request,’’ and inserting ‘‘written request intending to make a disclosure under clause ‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— that includes a term that specifically identi- (i) or (iii) of subparagraph (A) shall identify ‘‘(1) PROHIBITION.— fies a consumer or account to be used as the to the Director or such designee the person ‘‘(A) IN GENERAL.—If a certification is basis for the production of that informa- to whom such disclosure will be made or to issued under subparagraph (B) and notice of tion,’’; and whom such disclosure was made prior to the the right to judicial review under subsection (3) in subsection (c), by inserting ‘‘, which request.’’. (e) is provided, no consumer reporting agen- shall include a term that specifically identi- (b) ACCESS TO FINANCIAL RECORDS FOR CER- cy that receives a request under subsection fies a consumer or account to be used as the TAIN INTELLIGENCE AND PROTECTIVE PUR- (a) or (b) or an order under subsection (c), or basis for the production of the information,’’ POSES.—Section 1114 of the Right to Finan- officer, employee, or agent thereof, shall dis- after ‘‘issue an order ex parte’’. cial Privacy Act of 1978 (12 U.S.C. 3414) is close or specify in any consumer report, that (d) DISCLOSURES TO GOVERNMENTAL AGEN- amended— the Federal Bureau of Investigation has CIES FOR COUNTERTERRORISM PURPOSES OF (1) in subsection (a)(5), by striking sub- sought or obtained access to information or CONSUMER REPORTS.—Section 627(a) of the paragraph (D); and records under subsection (a), (b), or (c). Fair Credit Reporting Act (15 U.S.C. 1681v(a)) (2) by inserting after subsection (b) the fol- ‘‘(B) CERTIFICATION.—The requirements of is amended by striking ‘‘analysis.’’ and in- lowing new subsection: subparagraph (A) shall apply if the Director serting ‘‘analysis and that includes a term ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— of the Federal Bureau of Investigation, or a that specifically identifies a consumer or ac- ‘‘(1) PROHIBITION.— designee of the Director whose rank shall be count to be used as the basis for the produc- ‘‘(A) IN GENERAL.—If a certification is no lower than Deputy Assistant Director at tion of such information.’’. issued under subparagraph (B) and notice of Bureau headquarters or a Special Agent in SEC. 502. LIMITATIONS ON DISCLOSURE OF NA- the right to judicial review under subsection Charge of a Bureau field office, certifies that TIONAL SECURITY LETTERS. (d) is provided, no financial institution that the absence of a prohibition of disclosure (a) COUNTERINTELLIGENCE ACCESS TO TELE- receives a request under subsection (a), or of- under this subsection may result in— PHONE TOLL AND TRANSACTIONAL RECORDS.— ficer, employee, or agent thereof, shall dis- ‘‘(i) a danger to the national security of Section 2709 of title 18, United States Code, close to any person that the Federal Bureau the United States; is amended by striking subsection (c) and in- of Investigation has sought or obtained ac- ‘‘(ii) interference with a criminal, counter- serting the following new subsection: cess to information or records under sub- terrorism, or counterintelligence investiga- ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— section (a). tion; ‘‘(1) PROHIBITION.— ‘‘(B) CERTIFICATION.—The requirements of ‘‘(iii) interference with diplomatic rela- ‘‘(A) IN GENERAL.—If a certification is subparagraph (A) shall apply if the Director tions; or issued under subparagraph (B) and notice of of the Federal Bureau of Investigation, or a ‘‘(iv) danger to the life or physical safety the right to judicial review under subsection designee of the Director whose rank shall be of any person. (d) is provided, no wire or electronic commu- no lower than Deputy Assistant Director at ‘‘(2) EXCEPTION.— nication service provider that receives a re- Bureau headquarters or a Special Agent in ‘‘(A) IN GENERAL.—A consumer reporting quest under subsection (b), or officer, em- Charge of a Bureau field office, certifies that agency that receives a request under sub- ployee, or agent thereof, shall disclose to the absence of a prohibition of disclosure section (a) or (b) or an order under sub- any person that the Federal Bureau of Inves- under this subsection may result in— section (c), or officer, employee, or agent tigation has sought or obtained access to in- ‘‘(i) a danger to the national security of thereof, may disclose information otherwise formation or records under this section. the United States; subject to any applicable nondisclosure re- ‘‘(B) CERTIFICATION.—The requirements of ‘‘(ii) interference with a criminal, counter- quirement to— subparagraph (A) shall apply if the Director terrorism, or counterintelligence investiga- ‘‘(i) those persons to whom disclosure is of the Federal Bureau of Investigation, or a tion; necessary in order to comply with the re- designee of the Director whose rank shall be ‘‘(iii) interference with diplomatic rela- quest; no lower than Deputy Assistant Director at tions; or ‘‘(ii) an attorney in order to obtain legal Bureau headquarters or a Special Agent in ‘‘(iv) danger to the life or physical safety advice or assistance regarding the request; Charge of a Bureau field office, certifies that of any person. or the absence of a prohibition of disclosure ‘‘(2) EXCEPTION.— ‘‘(iii) other persons as permitted by the Di- under this subsection may result in— ‘‘(A) IN GENERAL.—A financial institution rector of the Federal Bureau of Investigation ‘‘(i) a danger to the national security of that receives a request under subsection (a), or the designee of the Director. the United States; or officer, employee, or agent thereof, may ‘‘(B) APPLICATION.—A person to whom dis- ‘‘(ii) interference with a criminal, counter- disclose information otherwise subject to closure is made under subparagraph (A) shall terrorism, or counterintelligence investiga- any applicable nondisclosure requirement be subject to the nondisclosure requirements tion; to— applicable to a person to whom a request ‘‘(iii) interference with diplomatic rela- ‘‘(i) those persons to whom disclosure is under subsection (a) or (b) or an order under tions; or necessary in order to comply with the re- subsection (c) is issued in the same manner ‘‘(iv) danger to the life or physical safety quest; as the person to whom the request is issued. of any person. ‘‘(ii) an attorney in order to obtain legal ‘‘(C) NOTICE.—Any recipient that discloses ‘‘(2) EXCEPTION.— advice or assistance regarding the request; to a person described in subparagraph (A) in- ‘‘(A) IN GENERAL.—A wire or electronic or formation otherwise subject to a nondisclo- communication service provider that re- ‘‘(iii) other persons as permitted by the Di- sure requirement shall inform the person of ceives a request under subsection (b), or offi- rector of the Federal Bureau of Investigation the applicable nondisclosure requirement. cer, employee, or agent thereof, may disclose or the designee of the Director. ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- information otherwise subject to any appli- ‘‘(B) APPLICATION.—A person to whom dis- ENTS.—At the request of the Director of the cable nondisclosure requirement to— closure is made under subparagraph (A) shall Federal Bureau of Investigation or the des- ‘‘(i) those persons to whom disclosure is be subject to the nondisclosure requirements ignee of the Director, any person making or necessary in order to comply with the re- applicable to a person to whom a request is intending to make a disclosure under clause quest; issued under subsection (a) in the same man- (i) or (iii) of subparagraph (A) shall identify ‘‘(ii) an attorney in order to obtain legal ner as the person to whom the request is to the Director or such designee the person advice or assistance regarding the request; issued. to whom such disclosure will be made or to or ‘‘(C) NOTICE.—Any recipient that discloses whom such disclosure was made prior to the ‘‘(iii) other persons as permitted by the Di- to a person described in subparagraph (A) in- request.’’. rector of the Federal Bureau of Investigation formation otherwise subject to a nondisclo- (d) CONSUMER REPORTS.—Section 627 of the or the designee of the Director. sure requirement shall inform the person of Fair Credit Reporting Act (15 U.S.C. 1681v) is ‘‘(B) APPLICATION.—A person to whom dis- the applicable nondisclosure requirement. amended by striking subsection (c) and in- closure is made under subparagraph (A) shall ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- serting the following new subsection: be subject to the nondisclosure requirements ENTS.—At the request of the Director of the ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— applicable to a person to whom a request is Federal Bureau of Investigation or the des- ‘‘(1) PROHIBITION.— issued under subsection (b) in the same man- ignee of the Director, any person making or ‘‘(A) IN GENERAL.—If a certification is ner as the person to whom the request is intending to make a disclosure under clause issued under subparagraph (B) and notice of issued. (i) or (iii) of subparagraph (A) shall identify the right to judicial review under subsection ‘‘(C) NOTICE.—Any recipient that discloses to the Director or such designee the person (d) is provided, no consumer reporting agen- to a person described in subparagraph (A) in- to whom such disclosure will be made or to cy that receives a request under subsection

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.005 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2907 (a), or officer, employee, or agent thereof, ‘‘(iii) interference with diplomatic rela- Security Act of 1947 (50 U.S.C. 3162), wishes shall disclose or specify in any consumer re- tions; or to have a court review a nondisclosure re- port, that a government agency described in ‘‘(iv) danger to the life or physical safety quirement imposed in connection with the subsection (a) has sought or obtained access of any person. request or order, the recipient may notify to information or records under subsection ‘‘(2) EXCEPTION.— the Government or file a petition for judicial (a). ‘‘(A) IN GENERAL.—A governmental or pri- review in any court described in subsection ‘‘(B) CERTIFICATION.—The requirements of vate entity that receives a request under (a). subparagraph (A) shall apply if the head of subsection (a), or officer, employee, or agent ‘‘(B) APPLICATION.—Not later than 30 days the government agency described in sub- thereof, may disclose information otherwise after the date of receipt of a notification section (a), or a designee, certifies that the subject to any applicable nondisclosure re- under subparagraph (A), the Government absence of a prohibition of disclosure under quirement to— shall apply for an order prohibiting the dis- this subsection may result in— ‘‘(i) those persons to whom disclosure is closure of the existence or contents of the ‘‘(i) a danger to the national security of necessary in order to comply with the re- relevant request or order. An application the United States; quest; under this subparagraph may be filed in the ‘‘(ii) interference with a criminal, counter- ‘‘(ii) an attorney in order to obtain legal district court of the United States for the ju- terrorism, or counterintelligence investiga- advice or assistance regarding the request; dicial district in which the recipient of the tion; or order is doing business or in the district ‘‘(iii) interference with diplomatic rela- ‘‘(iii) other persons as permitted by the court of the United States for any judicial tions; or head of the authorized investigative agency district within which the authorized inves- ‘‘(iv) danger to the life or physical safety described in subsection (a) or a designee. tigation that is the basis for the request is of any person. ‘‘(B) APPLICATION.—A person to whom dis- being conducted. The applicable nondisclo- ‘‘(2) EXCEPTION.— closure is made under subparagraph (A) shall sure requirement shall remain in effect dur- ‘‘(A) IN GENERAL.—A consumer reporting be subject to the nondisclosure requirements ing the pendency of proceedings relating to agency that receives a request under sub- applicable to a person to whom a request is the requirement. section (a), or officer, employee, or agent issued under subsection (a) in the same man- ‘‘(C) CONSIDERATION.—A district court of thereof, may disclose information otherwise ner as the person to whom the request is the United States that receives a petition subject to any applicable nondisclosure re- issued. under subparagraph (A) or an application quirement to— ‘‘(C) NOTICE.—Any recipient that discloses under subparagraph (B) should rule expedi- ‘‘(i) those persons to whom disclosure is to a person described in subparagraph (A) in- tiously, and shall, subject to paragraph (3), necessary in order to comply with the re- formation otherwise subject to a nondisclo- issue a nondisclosure order that includes quest; sure requirement shall inform the person of conditions appropriate to the circumstances. ‘‘(ii) an attorney in order to obtain legal the applicable nondisclosure requirement. ‘‘(2) APPLICATION CONTENTS.—An applica- advice or assistance regarding the request; ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- tion for a nondisclosure order or extension or ENTS.—At the request of the head of an au- thereof or a response to a petition filed ‘‘(iii) other persons as permitted by the thorized investigative agency described in under paragraph (1) shall include a certifi- head of the government agency described in subsection (a), or a designee, any person cation from the Attorney General, Deputy subsection (a) or a designee. making or intending to make a disclosure Attorney General, an Assistant Attorney ‘‘(B) APPLICATION.—A person to whom dis- under clause (i) or (iii) of subparagraph (A) General, or the Director of the Federal Bu- closure is made under subparagraph (A) shall shall identify to the head of the authorized reau of Investigation, or a designee in a posi- be subject to the nondisclosure requirements investigative agency or such designee the tion not lower than Deputy Assistant Direc- applicable to a person to whom a request person to whom such disclosure will be made tor at Bureau headquarters or a Special under subsection (a) is issued in the same or to whom such disclosure was made prior Agent in Charge in a Bureau field office des- manner as the person to whom the request is to the request.’’. ignated by the Director, or in the case of a (f) TERMINATION PROCEDURES.— issued. request by a department, agency, or instru- (1) IN GENERAL.—Not later than 180 days ‘‘(C) NOTICE.—Any recipient that discloses mentality of the Federal Government other after the date of enactment of this Act, the to a person described in subparagraph (A) in- than the Department of Justice, the head or Attorney General shall adopt procedures formation otherwise subject to a nondisclo- deputy head of the department, agency, or with respect to nondisclosure requirements sure requirement shall inform the person of instrumentality, containing a statement of issued pursuant to section 2709 of title 18, the applicable nondisclosure requirement. specific facts indicating that the absence of United States Code, section 626 or 627 of the ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- a prohibition of disclosure under this sub- Fair Credit Reporting Act (15 U.S.C. 1681u ENTS.—At the request of the head of the gov- section may result in— and 1681v), section 1114 of the Right to Fi- ernment agency described in subsection (a) ‘‘(A) a danger to the national security of nancial Privacy Act (12 U.S.C. 3414), or sec- or a designee, any person making or intend- the United States; tion 802 of the National Security Act of 1947 ing to make a disclosure under clause (i) or ‘‘(B) interference with a criminal, counter- (50 U.S.C. 3162), as amended by this Act, to (iii) of subparagraph (A) shall identify to the terrorism, or counterintelligence investiga- require— head or such designee the person to whom tion; (A) the review at appropriate intervals of such disclosure will be made or to whom ‘‘(C) interference with diplomatic rela- such a nondisclosure requirement to assess such disclosure was made prior to the re- tions; or whether the facts supporting nondisclosure quest.’’. ‘‘(D) danger to the life or physical safety of (e) INVESTIGATIONS OF PERSONS WITH AC- continue to exist; any person. CESS TO CLASSIFIED INFORMATION.—Section (B) the termination of such a nondisclosure ‘‘(3) STANDARD.—A district court of the 802 of the National Security Act of 1947 (50 requirement if the facts no longer support United States shall issue a nondisclosure U.S.C. 3162) is amended by striking sub- nondisclosure; and order or extension thereof under this sub- section (b) and inserting the following new (C) appropriate notice to the recipient of section if the court determines that there is subsection: the national security letter, or officer, em- reason to believe that disclosure of the infor- ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— ployee, or agent thereof, subject to the non- mation subject to the nondisclosure require- ‘‘(1) PROHIBITION.— disclosure requirement, and the applicable ment during the applicable time period may ‘‘(A) IN GENERAL.—If a certification is court as appropriate, that the nondisclosure result in— issued under subparagraph (B) and notice of requirement has been terminated. ‘‘(A) a danger to the national security of the right to judicial review under subsection (2) REPORTING.—Upon adopting the proce- the United States; (c) is provided, no governmental or private dures required under paragraph (1), the At- ‘‘(B) interference with a criminal, counter- entity that receives a request under sub- torney General shall submit the procedures terrorism, or counterintelligence investiga- section (a), or officer, employee, or agent to the Committee on the Judiciary of the tion; thereof, shall disclose to any person that an Senate and the Committee on the Judiciary ‘‘(C) interference with diplomatic rela- authorized investigative agency described in of the House of Representatives. tions; or subsection (a) has sought or obtained access (g) JUDICIAL REVIEW.—Section 3511 of title to information under subsection (a). 18, United States Code, is amended by strik- ‘‘(D) danger to the life or physical safety of ‘‘(B) CERTIFICATION.—The requirements of ing subsection (b) and inserting the following any person.’’. subparagraph (A) shall apply if the head of new subsection: SEC. 503. JUDICIAL REVIEW. an authorized investigative agency described ‘‘(b) NONDISCLOSURE.— (a) COUNTERINTELLIGENCE ACCESS TO TELE- in subsection (a), or a designee, certifies that ‘‘(1) IN GENERAL.— PHONE TOLL AND TRANSACTIONAL RECORDS.— the absence of a prohibition of disclosure ‘‘(A) NOTICE.—If a recipient of a request or Section 2709 of title 18, United States Code, under this subsection may result in— order for a report, records, or other informa- is amended— ‘‘(i) a danger to the national security of tion under section 2709 of this title, section (1) by redesignating subsections (d), (e), the United States; 626 or 627 of the Fair Credit Reporting Act (15 and (f) as subsections (e), (f), and (g), respec- ‘‘(ii) interference with a criminal, counter- U.S.C. 1681u and 1681v), section 1114 of the tively; and terrorism, or counterintelligence investiga- Right to Financial Privacy Act of 1978 (12 (2) by inserting after subsection (c) the fol- tion; U.S.C. 3414), or section 802 of the National lowing new subsection:

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‘‘(d) JUDICIAL REVIEW.— TITLE VI—FISA TRANSPARENCY AND vidual appointed to serve as amicus curiae; ‘‘(1) IN GENERAL.—A request under sub- REPORTING REQUIREMENTS and section (b) or a nondisclosure requirement SEC. 601. ADDITIONAL REPORTING ON ORDERS ‘‘(F) the number of findings issued under imposed in connection with such request REQUIRING PRODUCTION OF BUSI- section 103(i) that such appointment is not under subsection (c) shall be subject to judi- NESS RECORDS; BUSINESS RECORDS appropriate and the text of any such find- cial review under section 3511. COMPLIANCE REPORTS TO CON- ings. ‘‘(2) NOTICE.—A request under subsection GRESS. ‘‘(2) PUBLICATION.—The Director shall (b) shall include notice of the availability of (a) REPORTS SUBMITTED TO COMMITTEES.— make the report required under paragraph (1) judicial review described in paragraph (1).’’. Section 502(b) (50 U.S.C. 1862(b)) is amended— publicly available on an Internet Web site, (b) ACCESS TO FINANCIAL RECORDS FOR CER- (1) by redesignating paragraphs (1), (2), and except that the Director shall not make pub- TAIN INTELLIGENCE AND PROTECTIVE PUR- (3) as paragraphs (6), (7), and (8), respec- licly available on an Internet Web site the POSES.—Section 1114 of the Right to Finan- tively; and findings described in subparagraph (F) of cial Privacy Act of 1978 (12 U.S.C. 3414) is (2) by inserting before paragraph (6) (as so paragraph (1). amended— redesignated) the following new paragraphs: ‘‘(b) MANDATORY REPORTING BY DIRECTOR (1) by redesignating subsection (d) as sub- ‘‘(1) a summary of all compliance reviews OF NATIONAL INTELLIGENCE.—Except as pro- section (e); and conducted by the Government for the pro- vided in subsection (d), the Director of Na- (2) by inserting after subsection (c) the fol- duction of tangible things under section 501; tional Intelligence shall annually make pub- lowing new subsection: ‘‘(2) the total number of applications de- licly available on an Internet Web site a re- port that identifies, for the preceding 12- ‘‘(d) JUDICIAL REVIEW.— scribed in section 501(b)(2)(B) made for orders month period— ‘‘(1) IN GENERAL.—A request under sub- approving requests for the production of tan- ‘‘(1) the total number of orders issued pur- section (a) or a nondisclosure requirement gible things; suant to titles I and III and sections 703 and imposed in connection with such request ‘‘(3) the total number of such orders either 704 and a good faith estimate of the number under subsection (c) shall be subject to judi- granted, modified, or denied; of targets of such orders; cial review under section 3511 of title 18, ‘‘(4) the total number of applications de- ‘‘(2) the total number of orders issued pur- United States Code. scribed in section 501(b)(2)(C) made for orders suant to section 702 and a good faith esti- ‘‘(2) NOTICE.—A request under subsection approving requests for the production of call mate of— (a) shall include notice of the availability of detail records; ‘‘(A) the number of search terms con- judicial review described in paragraph (1).’’. ‘‘(5) the total number of such orders either cerning a known United States person used (c) IDENTITY OF FINANCIAL INSTITUTIONS granted, modified, or denied;’’. to retrieve the unminimized contents of elec- AND CREDIT REPORTS.—Section 626 of the (b) REPORTING ON CERTAIN TYPES OF PRO- tronic communications or wire communica- Fair Credit Reporting Act (15 U.S.C. 1681u) is DUCTION.—Section 502(c)(1) (50 U.S.C. tions obtained through acquisitions author- amended— 1862(c)(1)) is amended— ized under such section, excluding the num- (1) by redesignating subsections (e) (1) in subparagraph (A), by striking ‘‘and’’; ber of search terms used to prevent the re- through (m) as subsections (f) through (n), (2) in subparagraph (B), by striking the pe- turn of information concerning a United respectively; and riod at the end and inserting a semicolon; States person; and (2) by inserting after subsection (d) the fol- and ‘‘(B) the number of queries concerning a lowing new subsection: (3) by adding at the end the following new subparagraphs: known United States person of unminimized ‘‘(e) JUDICIAL REVIEW.— noncontents information relating to elec- ‘‘(1) IN GENERAL.—A request under sub- ‘‘(C) the total number of applications made for orders approving requests for the produc- tronic communications or wire communica- section (a) or (b) or an order under sub- tions obtained through acquisitions author- section (c) or a non-disclosure requirement tion of tangible things under section 501 in which the specific selection term does not ized under such section, excluding the num- imposed in connection with such request ber of queries containing information used to under subsection (d) shall be subject to judi- specifically identify an individual, account, or personal device; prevent the return of information concerning cial review under section 3511 of title 18, a United States person; United States Code. ‘‘(D) the total number of orders described in subparagraph (C) either granted, modified, ‘‘(3) the total number of orders issued pur- ‘‘(2) NOTICE.—A request under subsection suant to title IV and a good faith estimate (a) or (b) or an order under subsection (c) or denied; and ‘‘(E) with respect to orders described in of— shall include notice of the availability of ju- ‘‘(A) the number of targets of such orders; dicial review described in paragraph (1).’’. subparagraph (D) that have been granted or modified, whether the court established and (d) IDENTITY OF FINANCIAL INSTITUTIONS ‘‘(B) the number of unique identifiers used AND CREDIT REPORTS.—Section 627 of the under section 103 has directed additional, particularized minimization procedures be- to communicate information collected pur- Fair Credit Reporting Act (15 U.S.C. 1681v) is suant to such orders; amended— yond those adopted pursuant to section 501(g).’’. ‘‘(4) the total number of orders issued pur- (1) by redesignating subsections (d), (e), suant to applications made under section and (f) as subsections (e), (f), and (g), respec- SEC. 602. ANNUAL REPORTS BY THE GOVERN- MENT. 501(b)(2)(B) and a good faith estimate of— tively; and ‘‘(A) the number of targets of such orders; (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et (2) by inserting after subsection (c) the fol- and seq.), as amended by section 402 of this Act, lowing new subsection: ‘‘(B) the number of unique identifiers used is further amended by adding at the end the ‘‘(d) JUDICIAL REVIEW.— to communicate information collected pur- following new section: ‘‘(1) IN GENERAL.—A request under sub- suant to such orders; section (a) or a non-disclosure requirement ‘‘SEC. 603. ANNUAL REPORTS. ‘‘(5) the total number of orders issued pur- imposed in connection with such request ‘‘(a) REPORT BY DIRECTOR OF THE ADMINIS- suant to applications made under section under subsection (c) shall be subject to judi- TRATIVE OFFICE OF THE UNITED STATES 501(b)(2)(C) and a good faith estimate of— cial review under section 3511 of title 18, COURTS.— ‘‘(A) the number of targets of such orders; United States Code. ‘‘(1) REPORT REQUIRED.—The Director of ‘‘(B) the number of unique identifiers used ‘‘(2) NOTICE.—A request under subsection the Administrative Office of the United to communicate information collected pur- (a) shall include notice of the availability of States Courts shall annually submit to the suant to such orders; and judicial review described in paragraph (1).’’. Permanent Select Committee on Intelligence ‘‘(C) the number of search terms that in- (e) INVESTIGATIONS OF PERSONS WITH AC- and the Committee on the Judiciary of the cluded information concerning a United CESS TO CLASSIFIED INFORMATION.—Section House of Representatives and the Select States person that were used to query any 802 of the National Security Act of 1947 (50 Committee on Intelligence and the Com- database of call detail records obtained U.S.C. 3162) is amended— mittee on the Judiciary of the Senate, sub- through the use of such orders; and (1) by redesignating subsections (c) ject to a declassification review by the At- ‘‘(6) the total number of national security through (f) as subsections (d) through (g), re- torney General and the Director of National letters issued and the number of requests for spectively; and Intelligence, a report that includes— information contained within such national (2) by inserting after subsection (b) the fol- ‘‘(A) the number of applications or certifi- security letters. lowing new subsection: cations for orders submitted under each of ‘‘(c) TIMING.—The annual reports required ‘‘(c) JUDICIAL REVIEW.— sections 105, 304, 402, 501, 702, 703, and 704; by subsections (a) and (b) shall be made pub- ‘‘(1) IN GENERAL.—A request under sub- ‘‘(B) the number of such orders granted licly available during April of each year and section (a) or a nondisclosure requirement under each of those sections; include information relating to the previous imposed in connection with such request ‘‘(C) the number of orders modified under calendar year. under subsection (b) shall be subject to judi- each of those sections; ‘‘(d) EXCEPTIONS.— cial review under section 3511 of title 18, ‘‘(D) the number of applications or certifi- ‘‘(1) STATEMENT OF NUMERICAL RANGE.—If a United States Code. cations denied under each of those sections; good faith estimate required to be reported ‘‘(2) NOTICE.—A request under subsection ‘‘(E) the number of appointments of an in- under subparagraph (B) of any of paragraphs (a) shall include notice of the availability of dividual to serve as amicus curiae under sec- (3), (4), or (5) of subsection (b) is fewer than judicial review described in paragraph (1).’’. tion 103, including the name of each indi- 500, it shall be expressed as a numerical

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range of ‘fewer than 500’ and shall not be ex- (c) PUBLIC REPORTING ON NATIONAL SECU- ‘‘(iii) title V with respect to applications pressed as an individual number. RITY LETTERS.—Section 118(c) of the USA described in section 501(b)(2)(C). ‘‘(2) NONAPPLICABILITY TO CERTAIN INFOR- PATRIOT Improvement and Reauthorization ‘‘(2) A semiannual report that aggregates MATION.— Act of 2005 (18 U.S.C. 3511 note) is amended— the number of orders, directives, or national ‘‘(A) FEDERAL BUREAU OF INVESTIGATION.— (1) in paragraph (1)— security letters with which the person was Paragraphs (2)(A), (2)(B), and (5)(C) of sub- (A) in the matter preceding subparagraph required to comply into separate categories section (b) shall not apply to information or (A), by striking ‘‘United States’’; and of— records held by, or queries conducted by, the (B) in subparagraph (A), by striking ‘‘, ex- ‘‘(A) the number of national security let- Federal Bureau of Investigation. cluding the number of requests for subscriber ters received, reported in bands of 500 start- ‘‘(B) ELECTRONIC MAIL ADDRESS AND TELE- information’’; ing with 0–499; PHONE NUMBERS.—Paragraph (3)(B) of sub- (2) by redesignating paragraph (2) as para- ‘‘(B) the number of customer selectors tar- section (b) shall not apply to orders resulting graph (3); and geted by national security letters, reported in the acquisition of information by the Fed- (3) by inserting after paragraph (1) the fol- in bands of 500 starting with 0–499; eral Bureau of Investigation that does not lowing: ‘‘(C) the number of orders or directives re- include electronic mail addresses or tele- ‘‘(2) CONTENT.— ceived, combined, under this Act for con- phone numbers. ‘‘(A) IN GENERAL.—Except as provided in tents, reported in bands of 500 starting with ‘‘(3) CERTIFICATION.— subparagraph (B), each report required under 0–499; ‘‘(A) IN GENERAL.—If the Director of Na- this subsection shall include a good faith es- ‘‘(D) the number of customer selectors tar- tional Intelligence concludes that a good timate of the total number of requests de- geted under orders or directives received, faith estimate required to be reported under scribed in paragraph (1) requiring disclosure combined, under this Act for contents, re- subsection (b)(2)(B) cannot be determined ac- of information concerning— ported in bands of 500 starting with 0–499; curately because some but not all of the rel- ‘‘(i) United States persons; and ‘‘(E) the number of orders received under evant elements of the intelligence commu- ‘‘(ii) persons who are not United States this Act for noncontents, reported in bands nity are able to provide such good faith esti- persons. of 500 starting with 0–499; and mate, the Director shall— ‘‘(B) EXCEPTION.—With respect to the num- ‘‘(F) the number of customer selectors tar- ‘‘(i) certify that conclusion in writing to ber of requests for subscriber information geted under orders received under this Act the Select Committee on Intelligence and under section 2709 of title 18, United States for noncontents, reported in bands of 500 the Committee on the Judiciary of the Sen- Code, a report required under this subsection starting with 0–499. ate and the Permanent Select Committee on need not separate the number of requests ‘‘(3) A semiannual report that aggregates Intelligence and the Committee on the Judi- into each of the categories described in sub- the number of orders, directives, or national ciary of the House of Representatives; paragraph (A).’’. security letters with which the person was ‘‘(ii) report the good faith estimate for required to comply in the into separate cat- (d) STORED COMMUNICATIONS.—Section those relevant elements able to provide such 2702(d) of title 18, United States Code, is egories of— good faith estimate; amended— ‘‘(A) the total number of all national secu- ‘‘(iii) explain when it is reasonably antici- (1) in paragraph (1), by striking ‘‘; and’’ and rity process received, including all national pated that such an estimate will be able to inserting a semicolon; security letters, and orders or directives be determined fully and accurately; and under this Act, combined, reported in bands (2) in paragraph (2)(B), by striking the pe- ‘‘(iv) make such certification publicly of 250 starting with 0–249; and riod and inserting ‘‘; and’’; and available on an Internet Web site. ‘‘(B) the total number of customer selec- (3) by adding at the end the following new ‘‘(B) FORM.—A certification described in tors targeted under all national security paragraph: subparagraph (A) shall be prepared in unclas- process received, including all national secu- ‘‘(3) the number of accounts from which sified form, but may contain a classified rity letters, and orders or directives under the Department of Justice has received vol- annex. this Act, combined, reported in bands of 250 untary disclosures under subsection (c)(4).’’. ‘‘(C) TIMING.—If the Director of National starting with 0–249. Intelligence continues to conclude that the SEC. 603. PUBLIC REPORTING BY PERSONS SUB- ‘‘(4) An annual report that aggregates the good faith estimates described in this para- JECT TO FISA ORDERS. number of orders, directives, and national se- graph cannot be determined accurately, the (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et curity letters the person was required to Director shall annually submit a certifi- seq.), as amended by sections 402 and 602 of comply with into separate categories of— cation in accordance with this paragraph. this Act, is further amended by adding at the ‘‘(A) the total number of all national secu- ‘‘(e) DEFINITIONS.—In this section: end the following new section: rity process received, including all national ‘‘(1) CONTENTS.—The term ‘contents’ has ‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUB- security letters, and orders or directives the meaning given that term under section JECT TO ORDERS. under this Act, combined, reported in bands 2510 of title 18, United States Code. ‘‘(a) REPORTING.—A person subject to a of 100 starting with 0–99; and ‘‘(2) ELECTRONIC COMMUNICATION.—The nondisclosure requirement accompanying an ‘‘(B) the total number of customer selec- term ‘electronic communication’ has the order or directive under this Act or a na- tors targeted under all national security meaning given that term under section 2510 tional security letter may, with respect to process received, including all national secu- of title 18, United States Code. such order, directive, or national security rity letters, and orders or directives under ‘‘(3) NATIONAL SECURITY LETTER.—The term letter, publicly report the following informa- this Act, combined, reported in bands of 100 ‘national security letter’ means a request for tion using one of the following structures: starting with 0–99. a report, records, or other information ‘‘(1) A semiannual report that aggregates ‘‘(b) PERIOD OF TIME COVERED BY RE- under— the number of orders, directives, or national PORTS.— ‘‘(A) section 2709 of title 18, United States security letters with which the person was ‘‘(1) A report described in paragraph (1) or Code; required to comply into separate categories (2) of subsection (a) shall include only infor- ‘‘(B) section 1114(a)(5)(A) of the Right to of— mation— Financial Privacy Act of 1978 (12 U.S.C. ‘‘(A) the number of national security let- ‘‘(A) relating to national security letters 3414(a)(5)(A)); ters received, reported in bands of 1000 start- for the previous 180 days; and ‘‘(C) subsection (a) or (b) of section 626 of ing with 0–999; ‘‘(B) relating to authorities under this Act the Fair Credit Reporting Act (15 U.S.C. ‘‘(B) the number of customer selectors tar- for the 180-day period of time ending on the 1681u(a), 1681u(b)); or geted by national security letters, reported date that is not less than 180 days prior to ‘‘(D) section 627(a) of the Fair Credit Re- in bands of 1000 starting with 0–999; the date of the publication of such report, porting Act (15 U.S.C. 1681v(a)). ‘‘(C) the number of orders or directives re- except that with respect to a platform, prod- ‘‘(4) UNITED STATES PERSON.—The term ceived, combined, under this Act for con- uct, or service for which a person did not ‘United States person’ means a citizen of the tents, reported in bands of 1000 starting with previously receive an order or directive (not United States or an alien lawfully admitted 0–999; including an enhancement to or iteration of for permanent residence (as defined in sec- ‘‘(D) the number of customer selectors tar- an existing publicly available platform, tion 101(a) of the Immigration and Nation- geted under orders or directives received, product, or service) such report shall not in- ality Act (8 U.S.C. 1101(a))). combined, under this Act for contents re- clude any information relating to such new ‘‘(5) WIRE COMMUNICATION.—The term ‘wire ported in bands of 1000 starting with 0–999; order or directive until 540 days after the communication’ has the meaning given that ‘‘(E) the number of orders received under date on which such new order or directive is term under section 2510 of title 18, United this Act for noncontents, reported in bands received. States Code.’’. of 1000 starting with 0–999; and ‘‘(2) A report described in paragraph (3) of (b) TABLE OF CONTENTS AMENDMENT.—The ‘‘(F) the number of customer selectors tar- subsection (a) shall include only information table of contents, as amended by section 402 geted under orders under this Act for non- relating to the previous 180 days. of this Act, is further amended by inserting contents, reported in bands of 1000 starting ‘‘(3) A report described in paragraph (4) of after the item relating to section 602, as with 0–999, pursuant to— subsection (a) shall include only information added by section 402 of this Act, the fol- ‘‘(i) title IV; for the 1-year period of time ending on the lowing new item: ‘‘(ii) title V with respect to applications date that is not less than 1 year prior to the ‘‘Sec. 603. Annual reports.’’. described in section 501(b)(2)(B); and date of the publication of such report.

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‘‘(c) OTHER FORMS OF AGREED TO PUBLICA- or approving the installation and use of a search pursuant to section 304(e), or a court TION.—Nothing in this section prohibits the pen register or trap and trace device under order is not obtained under this title or title Government and any person from jointly this title; and III of this Act, information obtained during agreeing to the publication of information ‘‘(5) for each department or agency de- the 72 hour acquisition time period under referred to in this subsection in a time, form, scribed in paragraph (4), each number de- paragraph (1) shall not be retained, except or manner other than as described in this scribed in paragraphs (1), (2), and (3).’’. with the approval of the Attorney General if section. (d) ACCESS TO CERTAIN BUSINESS RECORDS the information indicates a threat of death ‘‘(d) DEFINITIONS.—In this section: AND OTHER TANGIBLE THINGS.—Section 502(a) or serious bodily harm to any person. ‘‘(1) CONTENTS.—The term ‘contents’ has (50 U.S.C. 1862(a)) is amended by striking ‘‘(5) Paragraphs (5) and (6) of subsection (e) the meaning given that term under section ‘‘Permanent Select Committee on Intel- shall apply to this subsection.’’. 2510 of title 18, United States Code. ligence of the House of Representatives and (b) NOTIFICATION OF EMERGENCY EMPLOY- ‘‘(2) NATIONAL SECURITY LETTER.—The term the Select Committee on Intelligence and MENT OF ELECTRONIC SURVEILLANCE.—Section ‘national security letter’ has the meaning the Committee on the Judiciary of the Sen- 106(j) (50 U.S.C. 1806(j)) is amended by strik- given that term under section 603.’’. ate’’ and inserting ‘‘Permanent Select Com- ing ‘‘section 105(e)’’ and inserting ‘‘sub- (b) TABLE OF CONTENTS AMENDMENT.—The mittee on Intelligence and the Committee on section (e) or (f) of section 105’’. table of contents, as amended by sections 402 the Judiciary of the House of Representa- and 602 of this Act, is further amended by in- tives and the Select Committee on Intel- (c) REPORT TO CONGRESS.—Section 108(a)(2) serting after the item relating to section 603, ligence and the Committee on the Judiciary (50 U.S.C. 1808(a)(2)) is amended— as added by section 602 of this Act, the fol- of the Senate’’. (1) in subparagraph (B), by striking ‘‘and’’ lowing new item: at the end; TITLE VII—ENHANCED NATIONAL (2) in subparagraph (C), by striking the pe- ‘‘Sec. 604. Public reporting by persons sub- SECURITY PROVISIONS ject to orders.’’. riod at the end and inserting ‘‘; and’’; and SEC. 701. EMERGENCIES INVOLVING NON-UNITED (3) by adding at the end the following: SEC. 604. REPORTING REQUIREMENTS FOR DECI- STATES PERSONS. SIONS, ORDERS, AND OPINIONS OF ‘‘(D) the total number of authorizations (a) IN GENERAL.—Section 105 (50 U.S.C. THE FOREIGN INTELLIGENCE SUR- under section 105(f) and the total number of VEILLANCE COURT AND THE FOR- 1805) is amended— subsequent emergency employments of elec- EIGN INTELLIGENCE SURVEILLANCE (1) by redesignating subsections (f), (g), (h), tronic surveillance under section 105(e) or COURT OF REVIEW. and (i) as subsections (g), (h), (i), and (j), re- emergency physical searches pursuant to Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is spectively; and section 301(e).’’. amended to read as follows: (2) by inserting after subsection (e) the fol- ‘‘(1) not later than 45 days after the date on lowing: SEC. 702. PRESERVATION OF TREATMENT OF NON-UNITED STATES PERSONS which the Foreign Intelligence Surveillance ‘‘(f)(1) Notwithstanding any other provi- TRAVELING OUTSIDE THE UNITED Court or the Foreign Intelligence Surveil- sion of this Act, the lawfully authorized tar- STATES AS AGENTS OF FOREIGN lance Court of Review issues a decision, geting of a non-United States person pre- POWERS. order, or opinion, including any denial or viously believed to be located outside the Section 101(b)(1) is amended— modification of an application under this United States for the acquisition of foreign (1) in subparagraph (A), by inserting before Act, that includes significant construction intelligence information may continue for a the semicolon at the end the following: ‘‘, ir- or interpretation of any provision of law or period not to exceed 72 hours from the time respective of whether the person is inside the results in a change of application of any pro- that the non-United States person is reason- United States’’; and vision of this Act or a novel application of ably believed to be located inside the United (2) in subparagraph (B)— any provision of this Act, a copy of such de- States and the acquisition is subject to this (A) by striking ‘‘of such person’s presence cision, order, or opinion and any pleadings, title or to title III of this Act, provided that in the United States’’; and applications, or memoranda of law associ- the head of an element of the intelligence (B) by striking ‘‘such activities in the ated with such decision, order, or opinion; community— United States’’ and inserting ‘‘such activi- and’’. ‘‘(A) reasonably determines that a lapse in ties’’. SEC. 605. SUBMISSION OF REPORTS UNDER FISA. the targeting of such non-United States per- SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF (a) ELECTRONIC SURVEILLANCE.—Section son poses a threat of death or serious bodily harm to any person; INTERNATIONAL PROLIFERATION 108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by OF WEAPONS OF MASS DESTRUC- striking ‘‘the House Permanent Select Com- ‘‘(B) promptly notifies the Attorney Gen- TION. mittee on Intelligence and the Senate Select eral of a determination under subparagraph Section 101(b)(1) is further amended by Committee on Intelligence, and the Com- (A); and striking subparagraph (E) and inserting the mittee on the Judiciary of the Senate,’’ and ‘‘(C) requests, as soon as practicable, the following new subparagraph (E): inserting ‘‘the Permanent Select Committee employment of emergency electronic surveil- ‘‘(E) engages in the international prolifera- on Intelligence and the Committee on the lance under subsection (e) or the employ- tion of weapons of mass destruction, or ac- Judiciary of the House of Representatives ment of an emergency physical search pursu- tivities in preparation therefor, for or on be- and the Select Committee on Intelligence ant to section 304(e), as warranted. half of a foreign power, or knowingly aids or and the Committee on the Judiciary of the ‘‘(2) The authority under this subsection to abets any person in the conduct of such pro- Senate’’. continue the acquisition of foreign intel- liferation or activities in preparation there- (b) PHYSICAL SEARCHES.—The matter pre- ligence information is limited to a period ceding paragraph (1) of section 306 (50 U.S.C. not to exceed 72 hours and shall cease upon for, or knowingly conspires with any person 1826) is amended— the earlier of the following: to engage in such proliferation or activities (1) in the first sentence, by striking ‘‘Per- ‘‘(A) The employment of emergency elec- in preparation therefor; or’’. manent Select Committee on Intelligence of tronic surveillance under subsection (e) or SEC. 704. INCREASE IN PENALTIES FOR MATE- the House of Representatives and the Select the employment of an emergency physical RIAL SUPPORT OF FOREIGN TER- Committee on Intelligence of the Senate, search pursuant to section 304(e). RORIST ORGANIZATIONS. and the Committee on the Judiciary of the ‘‘(B) An issuance of a court order under Section 2339B(a)(1) of title 18, United Senate,’’ and inserting ‘‘Permanent Select this title or title III of this Act. States Code, is amended by striking ‘‘15 Committee on Intelligence and the Com- ‘‘(C) The Attorney General provides direc- years’’ and inserting ‘‘20 years’’. mittee on the Judiciary of the House of Rep- tion that the acquisition be terminated. SEC. 705. SUNSETS. resentatives and the Select Committee on ‘‘(D) The head of the element of the intel- (a) USA PATRIOT IMPROVEMENT AND RE- Intelligence and the Committee on the Judi- ligence community conducting the acquisi- AUTHORIZATION ACT OF 2005.—Section 102(b)(1) ciary of the Senate’’; and tion determines that a request under para- of the USA PATRIOT Improvement and Re- (2) in the second sentence, by striking ‘‘and graph (1)(C) is not warranted. authorization Act of 2005 (50 U.S.C. 1805 note) the Committee on the Judiciary of the House ‘‘(E) When the threat of death or serious is amended by striking ‘‘June 1, 2015’’ and in- of Representatives’’. bodily harm to any person is no longer rea- serting ‘‘December 15, 2019’’. (c) PEN REGISTERS AND TRAP AND TRACE sonably believed to exist. DEVICES.—Section 406(b) (50 U.S.C. 1846(b)) is ‘‘(3) Nonpublicly available information (b) INTELLIGENCE REFORM AND TERRORISM amended— concerning unconsenting United States per- PREVENTION ACT OF 2004.—Section 6001(b)(1) (1) in paragraph (2), by striking ‘‘; and’’ and sons acquired under this subsection shall not of the Intelligence Reform and Terrorism inserting a semicolon; be disseminated during the 72 hour time pe- Prevention Act of 2004 (50 U.S.C. 1801 note) is (2) in paragraph (3), by striking the period riod under paragraph (1) unless necessary to amended by striking ‘‘June 1, 2015’’ and in- and inserting a semicolon; and investigate, reduce, or eliminate the threat serting ‘‘December 15, 2019’’. (3) by adding at the end the following new of death or serious bodily harm to any per- (c) CONFORMING AMENDMENT.—Section paragraphs: son. 102(b)(1) of the USA PATRIOT Improvement ‘‘(4) each department or agency on behalf ‘‘(4) If the Attorney General declines to au- and Reauthorization Act of 2005 (50 U.S.C. of which the Attorney General or a des- thorize the employment of emergency elec- 1805 note), as amended by subsection (a), is ignated attorney for the Government has tronic surveillance under subsection (e) or further amended by striking ‘‘sections 501, made an application for an order authorizing the employment of an emergency physical 502, and’’ and inserting ‘‘title V and section’’.

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.005 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2911 TITLE VIII—SAFETY OF MARITIME NAVI- ‘‘(i) industrial, agricultural, research, med- ‘‘(18) ‘ship’ means a vessel of any type GATION AND NUCLEAR TERRORISM ical, pharmaceutical, or other peaceful pur- whatsoever not permanently attached to the CONVENTIONS IMPLEMENTATION poses; sea-bed, including dynamically supported ‘‘(ii) protective purposes, namely those craft, submersibles, or any other floating Subtitle A—Safety of Maritime Navigation purposes directly related to protection craft, but does not include a warship, a ship SEC. 801. AMENDMENT TO SECTION 2280 OF against toxic chemicals and to protection owned or operated by a government when TITLE 18, UNITED STATES CODE. against chemical weapons; being used as a naval auxiliary or for cus- Section 2280 of title 18, United States Code, ‘‘(iii) military purposes not connected with toms or police purposes, or a ship which has is amended— the use of chemical weapons and not depend- been withdrawn from navigation or laid up; (1) in subsection (b)— ent on the use of the toxic properties of ‘‘(19) ‘source material’ has the meaning (A) in paragraph (1)(A)(i), by striking ‘‘a chemicals as a method of warfare; or given that term in the International Atomic ship flying the flag of the United States’’ and ‘‘(iv) law enforcement including domestic Energy Agency Statute, done at New York inserting ‘‘a vessel of the United States or a riot control purposes, on 26 October 1956; vessel subject to the jurisdiction of the as long as the types and quantities are con- ‘‘(20) ‘special fissionable material’ has the United States (as defined in section 70502 of sistent with such purposes; meaning given that term in the Inter- title 46)’’; ‘‘(B) munitions and devices, specifically de- national Atomic Energy Agency Statute, (B) in paragraph (1)(A)(ii), by inserting ‘‘, signed to cause death or other harm through done at New York on 26 October 1956; including the territorial seas’’ after ‘‘in the the toxic properties of those toxic chemicals ‘‘(21) ‘territorial sea of the United States’ United States’’; and specified in subparagraph (A), which would means all waters extending seaward to 12 (C) in paragraph (1)(A)(iii), by inserting ‘‘, be released as a result of the employment of nautical miles from the baselines of the by a United States corporation or legal enti- such munitions and devices; and United States determined in accordance with ty,’’ after ‘‘by a national of the United ‘‘(C) any equipment specifically designed international law; States’’; for use directly in connection with the em- ‘‘(22) ‘toxic chemical’ has the meaning (2) in subsection (c), by striking ‘‘section ployment of munitions and devices specified given the term in section 229F(8)(A) of this 2(c)’’ and inserting ‘‘section 13(c)’’; in subparagraph (B); title; (3) by striking subsection (d); ‘‘(5) ‘covered ship’ means a ship that is ‘‘(23) ‘transport’ means to initiate, arrange (4) by striking subsection (e) and inserting navigating or is scheduled to navigate into, or exercise effective control, including deci- after subsection (c) the following: through or from waters beyond the outer sionmaking authority, over the movement of ‘‘(d) DEFINITIONS.—As used in this section, limit of the territorial sea of a single coun- a person or item; and section 2280a, section 2281, and section 2281a, try or a lateral limit of that country’s terri- ‘‘(24) ‘United States’, when used in a geo- the term— torial sea with an adjacent country; graphical sense, includes the Commonwealth ‘‘(1) ‘applicable treaty’ means— ‘‘(6) ‘explosive material’ has the meaning of Puerto Rico, the Commonwealth of the ‘‘(A) the Convention for the Suppression of given the term in section 841(c) and includes Northern Mariana Islands, and all territories Unlawful Seizure of Aircraft, done at The explosive as defined in section 844(j) of this and possessions of the United States.’’; and Hague on 16 December 1970; title; (5) by inserting after subsection (d) (as ‘‘(B) the Convention for the Suppression of ‘‘(7) ‘infrastructure facility’ has the mean- added by paragraph (4) of this section) the ing given the term in section 2332f(e)(5) of Unlawful Acts against the Safety of Civil following: this title; Aviation, done at Montreal on 23 September ‘‘(e) EXCEPTIONS.—This section shall not ‘‘(8) ‘international organization’ has the 1971; apply to— meaning given the term in section 831(f)(3) of ‘‘(C) the Convention on the Prevention and ‘‘(1) the activities of armed forces during this title; Punishment of Crimes against Internation- an armed conflict, as those terms are under- ‘‘(9) ‘military forces of a state’ means the ally Protected Persons, including Diplomatic stood under the law of war, which are gov- armed forces of a state which are organized, Agents, adopted by the General Assembly of erned by that law; or trained, and equipped under its internal law the United Nations on 14 December 1973; ‘‘(2) activities undertaken by military for the primary purpose of national defense ‘‘(D) International Convention against the forces of a state in the exercise of their offi- or security, and persons acting in support of Taking of Hostages, adopted by the General cial duties. those armed forces who are under their for- ‘‘(f) DELIVERY OF SUSPECTED OFFENDER.— Assembly of the United Nations on 17 De- mal command, control, and responsibility; The master of a covered ship flying the flag cember 1979; ‘‘(10) ‘national of the United States’ has of the United States who has reasonable ‘‘(E) the Convention on the Physical Pro- the meaning stated in section 101(a)(22) of grounds to believe that there is on board tection of Nuclear Material, done at Vienna the Immigration and Nationality Act (8 that ship any person who has committed an on 26 October 1979; U.S.C. 1101(a)(22)); offense under section 2280 or section 2280a ‘‘(F) the Protocol for the Suppression of ‘‘(11) ‘Non-Proliferation Treaty’ means the may deliver such person to the authorities of Unlawful Acts of Violence at Airports Serv- Treaty on the Non-Proliferation of Nuclear a country that is a party to the Convention ing International Civil Aviation, supple- Weapons, done at Washington, London, and for the Suppression of Unlawful Acts against mentary to the Convention for the Suppres- Moscow on 1 July 1968; the Safety of Maritime Navigation. Before sion of Unlawful Acts against the Safety of ‘‘(12) ‘Non-Proliferation Treaty State delivering such person to the authorities of Civil Aviation, done at Montreal on 24 Feb- Party’ means any State Party to the Non- another country, the master shall notify in ruary 1988; Proliferation Treaty, to include Taiwan, an appropriate manner the Attorney General ‘‘(G) the Protocol for the Suppression of which shall be considered to have the obliga- of the United States of the alleged offense Unlawful Acts against the Safety of Fixed tions under the Non-Proliferation Treaty of and await instructions from the Attorney Platforms Located on the Continental Shelf, a party to that treaty other than a Nuclear General as to what action to take. When de- done at Rome on 10 March 1988; Weapon State Party to the Non-Proliferation livering the person to a country which is a ‘‘(H) International Convention for the Sup- Treaty; state party to the Convention, the master pression of Terrorist Bombings, adopted by ‘‘(13) ‘Nuclear Weapon State Party to the shall, whenever practicable, and if possible the General Assembly of the United Nations Non-Proliferation Treaty’ means a State before entering the territorial sea of such on 15 December 1997; and Party to the Non-Proliferation Treaty that country, notify the authorities of such coun- ‘‘(I) International Convention for the Sup- is a nuclear-weapon State, as that term is try of the master’s intention to deliver such pression of the Financing of Terrorism, defined in Article IX(3) of the Non-Prolifera- person and the reasons therefor. If the mas- adopted by the General Assembly of the tion Treaty; ter delivers such person, the master shall United Nations on 9 December 1999; ‘‘(14) ‘place of public use’ has the meaning furnish to the authorities of such country ‘‘(2) ‘armed conflict’ does not include inter- given the term in section 2332f(e)(6) of this the evidence in the master’s possession that nal disturbances and tensions, such as riots, title; pertains to the alleged offense. isolated and sporadic acts of violence, and ‘‘(15) ‘precursor’ has the meaning given the ‘‘(g)(1) CIVIL FORFEITURE.—Any real or per- other acts of a similar nature; term in section 229F(6)(A) of this title; sonal property used or intended to be used to ‘‘(3) ‘biological weapon’ means— ‘‘(16) ‘public transport system’ has the commit or to facilitate the commission of a ‘‘(A) microbial or other biological agents, meaning given the term in section 2332f(e)(7) violation of this section, the gross proceeds or toxins whatever their origin or method of of this title; of such violation, and any real or personal production, of types and in quantities that ‘‘(17) ‘serious injury or damage’ means— property traceable to such property or pro- have no justification for prophylactic, pro- ‘‘(A) serious bodily injury, ceeds, shall be subject to forfeiture. tective, or other peaceful purposes; or ‘‘(B) extensive destruction of a place of ‘‘(2) APPLICABLE PROCEDURES.—Seizures ‘‘(B) weapons, equipment, or means of de- public use, State or government facility, in- and forfeitures under this section shall be livery designed to use such agents or toxins frastructure facility, or public transpor- governed by the provisions of chapter 46 of for hostile purposes or in armed conflict; tation system, resulting in major economic title 18, United States Code, relating to civil ‘‘(4) ‘chemical weapon’ means, together or loss, or forfeitures, except that such duties as are separately— ‘‘(C) substantial damage to the environ- imposed upon the Secretary of the Treasury ‘‘(A) toxic chemicals and their precursors, ment, including air, soil, water, fauna, or under the customs laws described in section except where intended for— flora; 981(d) shall be performed by such officers,

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.005 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2912 CONGRESSIONAL RECORD — HOUSE May 13, 2015 agents, and other persons as may be des- tory of which, or otherwise under the control stood under the law of war, which are gov- ignated for that purpose by the Secretary of of which such item is transferred; erned by that law; or Homeland Security, the Attorney General, ‘‘(v) any equipment, materials, or software ‘‘(2) activities undertaken by military or the Secretary of Defense.’’. or related technology that significantly con- forces of a state in the exercise of their offi- SEC. 802. NEW SECTION 2280A OF TITLE 18, tributes to the delivery of a nuclear weapon cial duties. UNITED STATES CODE. or other nuclear explosive device, with the ‘‘(d)(1) CIVIL FORFEITURE.—Any real or per- (a) IN GENERAL.—Chapter 111 of title 18, intention that it will be used for such pur- sonal property used or intended to be used to United States Code, is amended by adding pose, except where— commit or to facilitate the commission of a after section 2280 the following new section: ‘‘(I) such item is transported to or from the violation of this section, the gross proceeds ‘‘§ 2280a. Violence against maritime naviga- territory of, or otherwise under the control of such violation, and any real or personal tion and maritime transport involving of, a Non-Proliferation Treaty State Party; property traceable to such property or pro- weapons of mass destruction and ceeds, shall be subject to forfeiture. ‘‘(II) such item is intended for the delivery ‘‘(2) APPLICABLE PROCEDURES.—Seizures ‘‘(a) OFFENSES.— system of a nuclear weapon or other nuclear and forfeitures under this section shall be ‘‘(1) IN GENERAL.—Subject to the excep- tions in subsection (c), a person who unlaw- explosive device of a Nuclear Weapon State governed by the provisions of chapter 46 of fully and intentionally— Party to the Non-Proliferation Treaty; or title 18, United States Code, relating to civil ‘‘(vi) any equipment, materials, or soft- ‘‘(A) when the purpose of the act, by its na- forfeitures, except that such duties as are ware or related technology that significantly ture or context, is to intimidate a popu- imposed upon the Secretary of the Treasury contributes to the design, manufacture, or lation, or to compel a government or an under the customs laws described in section delivery of a biological or chemical weapon, international organization to do or to ab- 981(d) shall be performed by such officers, with the intention that it will be used for stain from doing any act— agents, and other persons as may be des- such purpose; ‘‘(i) uses against or on a ship or discharges ignated for that purpose by the Secretary of ‘‘(C) transports another person on board a from a ship any explosive or radioactive ma- Homeland Security, the Attorney General, ship knowing that the person has committed terial, biological, chemical, or nuclear weap- or the Secretary of Defense.’’. an act that constitutes an offense under sec- (b) CONFORMING AMENDMENT.—The table of on or other nuclear explosive device in a tion 2280 or subparagraph (A), (B), (D), or (E) sections at the beginning of chapter 111 of manner that causes or is likely to cause of this section or an offense set forth in an title 18, United States Code, is amended by death to any person or serious injury or applicable treaty, as specified in section adding after the item relating to section 2280 damage; 2280(d)(1), and intending to assist that person the following new item: ‘‘(ii) discharges from a ship oil, liquefied to evade criminal prosecution; natural gas, or another hazardous or noxious ‘‘2280a. Violence against maritime naviga- ‘‘(D) injures or kills any person in connec- tion and maritime transport in- substance that is not covered by clause (i), in tion with the commission or the attempted such quantity or concentration that causes volving weapons of mass de- commission of any of the offenses set forth struction.’’. or is likely to cause death to any person or in subparagraphs (A) through (C), or sub- SEC. 803. AMENDMENTS TO SECTION 2281 OF serious injury or damage; or section (a)(2), to the extent that the sub- ‘‘(iii) uses a ship in a manner that causes TITLE 18, UNITED STATES CODE. section (a)(2) offense pertains to subpara- Section 2281 of title 18, United States Code, death to any person or serious injury or graph (A); or damage; is amended— ‘‘(E) attempts to do any act prohibited (1) in subsection (c), by striking ‘‘section ‘‘(B) transports on board a ship— under subparagraph (A), (B) or (D), or con- ‘‘(i) any explosive or radioactive material, 2(c)’’ and inserting ‘‘section 13(c)’’; spires to do any act prohibited by subpara- (2) in subsection (d), by striking the defini- knowing that it is intended to be used to graphs (A) through (E) or subsection (a)(2), cause, or in a threat to cause, death to any tions of ‘‘national of the United States,’’ shall be fined under this title, imprisoned ‘‘territorial sea of the United States,’’ and person or serious injury or damage for the not more than 20 years, or both; and if the purpose of intimidating a population, or ‘‘United States’’; and death of any person results from conduct (3) by inserting after subsection (d) the fol- compelling a government or an international prohibited by this paragraph, shall be im- organization to do or to abstain from doing lowing: prisoned for any term of years or for life. ‘‘(e) EXCEPTIONS.—This section does not any act; ‘‘(2) THREATS.—A person who threatens, ‘‘(ii) any biological, chemical, or nuclear apply to— with apparent determination and will to ‘‘(1) the activities of armed forces during weapon or other nuclear explosive device, carry the threat into execution, to do any knowing it to be a biological, chemical, or an armed conflict, as those terms are under- act prohibited under paragraph (1)(A) shall stood under the law of war, which are gov- nuclear weapon or other nuclear explosive be fined under this title, imprisoned not device; erned by that law; or more than 5 years, or both. ‘‘(2) activities undertaken by military ‘‘(iii) any source material, special fission- ‘‘(b) JURISDICTION.—There is jurisdiction forces of a state in the exercise of their offi- able material, or equipment or material es- over the activity prohibited in subsection cial duties.’’. pecially designed or prepared for the proc- (a)— essing, use, or production of special fission- ‘‘(1) in the case of a covered ship, if— SEC. 804. NEW SECTION 2281A OF TITLE 18, UNITED STATES CODE. able material, knowing that it is intended to ‘‘(A) such activity is committed— (a) IN GENERAL.—Chapter 111 of title 18, be used in a nuclear explosive activity or in ‘‘(i) against or on board a vessel of the United States Code, is amended by adding any other nuclear activity not under safe- United States or a vessel subject to the juris- after section 2281 the following new section: guards pursuant to an International Atomic diction of the United States (as defined in Energy Agency comprehensive safeguards section 70502 of title 46) at the time the pro- ‘‘§ 2281a. Additional offenses against maritime agreement, except where— hibited activity is committed; fixed platforms ‘‘(I) such item is transported to or from the ‘‘(ii) in the United States, including the ‘‘(a) OFFENSES.— territory of, or otherwise under the control territorial seas; or ‘‘(1) IN GENERAL.—A person who unlawfully of, a Non-Proliferation Treaty State Party; ‘‘(iii) by a national of the United States, by and intentionally— and a United States corporation or legal entity, ‘‘(A) when the purpose of the act, by its na- ‘‘(II) the resulting transfer or receipt (in- or by a stateless person whose habitual resi- ture or context, is to intimidate a popu- cluding internal to a country) is not con- dence is in the United States; lation, or to compel a government or an trary to the obligations under the Non-Pro- ‘‘(B) during the commission of such activ- international organization to do or to ab- liferation Treaty of the Non-Proliferation ity, a national of the United States is seized, stain from doing any act— Treaty State Party from which, to the terri- threatened, injured, or killed; or ‘‘(i) uses against or on a fixed platform or tory of which, or otherwise under the control ‘‘(C) the offender is later found in the discharges from a fixed platform any explo- of which such item is transferred; United States after such activity is com- sive or radioactive material, biological, ‘‘(iv) any equipment, materials, or soft- mitted; chemical, or nuclear weapon in a manner ware or related technology that significantly ‘‘(2) in the case of a ship navigating or that causes or is likely to cause death or se- contributes to the design or manufacture of scheduled to navigate solely within the terri- rious injury or damage; or a nuclear weapon or other nuclear explosive torial sea or internal waters of a country ‘‘(ii) discharges from a fixed platform oil, device, with the intention that it will be other than the United States, if the offender liquefied natural gas, or another hazardous used for such purpose, except where— is later found in the United States after such or noxious substance that is not covered by ‘‘(I) the country to the territory of which activity is committed; or clause (i), in such quantity or concentration or under the control of which such item is ‘‘(3) in the case of any vessel, if such activ- that causes or is likely to cause death or se- transferred is a Nuclear Weapon State Party ity is committed in an attempt to compel rious injury or damage; to the Non-Proliferation Treaty; and the United States to do or abstain from ‘‘(B) injures or kills any person in connec- ‘‘(II) the resulting transfer or receipt (in- doing any act. tion with the commission or the attempted cluding internal to a country) is not con- ‘‘(c) EXCEPTIONS.—This section shall not commission of any of the offenses set forth trary to the obligations under the Non-Pro- apply to— in subparagraph (A); or liferation Treaty of a Non-Proliferation ‘‘(1) the activities of armed forces during ‘‘(C) attempts or conspires to do anything Treaty State Party from which, to the terri- an armed conflict, as those terms are under- prohibited under subparagraph (A) or (B),

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.005 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2913 shall be fined under this title, imprisoned with the operation of a nuclear facility in a ‘‘(3) ‘international organization’ has the not more than 20 years, or both; and if death manner that causes the release of or in- meaning given that term in section 831(f)(3) results to any person from conduct prohib- creases the risk of the release of radioactive of this title; ited by this paragraph, shall be imprisoned material, or causes radioactive contamina- ‘‘(4) ‘military forces of a state’ means the for any term of years or for life. tion or exposure to radiation— armed forces of a country that are organized, ‘‘(2) THREAT TO SAFETY.—A person who ‘‘(i) with the intent to cause death or seri- trained and equipped under its internal law threatens, with apparent determination and ous bodily injury or with the knowledge that for the primary purpose of national defense will to carry the threat into execution, to do such act is likely to cause death or serious or security and persons acting in support of any act prohibited under paragraph (1)(A), bodily injury; those armed forces who are under their for- shall be fined under this title, imprisoned ‘‘(ii) with the intent to cause substantial mal command, control and responsibility; not more than 5 years, or both. damage to property or the environment or ‘‘(5) ‘national of the United States’ has the ‘‘(b) JURISDICTION.—There is jurisdiction with the knowledge that such act is likely to meaning given that term in section 101(a)(22) over the activity prohibited in subsection (a) cause substantial damage to property or the of the Immigration and Nationality Act (8 if— environment; or U.S.C. 1101(a)(22)); ‘‘(1) such activity is committed against or ‘‘(iii) with the intent to compel a person, ‘‘(6) ‘nuclear facility’ means: on board a fixed platform— an international organization or a country ‘‘(A) any nuclear reactor, including reac- ‘‘(A) that is located on the continental to do or refrain from doing an act, tors on vessels, vehicles, aircraft or space ob- shelf of the United States; shall be punished as prescribed in subsection jects for use as an energy source in order to ‘‘(B) that is located on the continental (c). propel such vessels, vehicles, aircraft or shelf of another country, by a national of the ‘‘(2) THREATS.—Whoever, under cir- space objects or for any other purpose; United States or by a stateless person whose cumstances in which the threat may reason- ‘‘(B) any plant or conveyance being used habitual residence is in the United States; or ably be believed, threatens to commit an of- for the production, storage, processing or ‘‘(C) in an attempt to compel the United fense under paragraph (1) shall be punished transport of radioactive material; or States to do or abstain from doing any act; as prescribed in subsection (c). Whoever de- ‘‘(C) a facility (including associated build- ‘‘(2) during the commission of such activ- mands possession of or access to radioactive ings and equipment) in which nuclear mate- ity against or on board a fixed platform lo- material, a device or a nuclear facility by rial is produced, processed, used, handled, cated on a continental shelf, a national of threat or by use of force shall be punished as stored or disposed of, if damage to or inter- the United States is seized, threatened, in- prescribed in subsection (c). ference with such facility could lead to the jured, or killed; or ‘‘(3) ATTEMPTS AND CONSPIRACIES.—Who- release of significant amounts of radiation or ‘‘(3) such activity is committed against or ever attempts to commit an offense under radioactive material; on board a fixed platform located outside the paragraph (1) or conspires to commit an of- ‘‘(7) ‘nuclear material’ has the meaning United States and beyond the continental fense under paragraph (1) or (2) shall be pun- given that term in section 831(f)(1) of this shelf of the United States and the offender is ished as prescribed in subsection (c). title; later found in the United States. ‘‘(b) JURISDICTION.—Conduct prohibited by ‘‘(8) ‘radioactive material’ means nuclear ‘‘(c) EXCEPTIONS.—This section does not subsection (a) is within the jurisdiction of material and other radioactive substances apply to— the United States if— that contain nuclides that undergo sponta- ‘‘(1) the activities of armed forces during ‘‘(1) the prohibited conduct takes place in neous disintegration (a process accompanied an armed conflict, as those terms are under- the United States or the special aircraft ju- by emission of one or more types of ionizing stood under the law of war, which are gov- risdiction of the United States; radiation, such as alpha-, beta-, neutron par- erned by that law; or ‘‘(2) the prohibited conduct takes place ticles and gamma rays) and that may, owing ‘‘(2) activities undertaken by military outside of the United States and— to their radiological or fissile properties, forces of a state in the exercise of their offi- ‘‘(A) is committed by a national of the cause death, serious bodily injury or sub- cial duties. United States, a United States corporation stantial damage to property or to the envi- ‘‘(d) DEFINITIONS.—In this section— or legal entity or a stateless person whose ronment; ‘‘(1) ‘continental shelf’ means the sea-bed habitual residence is in the United States; ‘‘(9) ‘serious bodily injury’ has the meaning and subsoil of the submarine areas that ex- ‘‘(B) is committed on board a vessel of the given that term in section 831(f)(4) of this tend beyond a country’s territorial sea to United States or a vessel subject to the juris- title; the limits provided by customary inter- diction of the United States (as defined in ‘‘(10) ‘state’ has the same meaning as that national law as reflected in Article 76 of the section 70502 of title 46) or on board an air- term has under international law, and in- 1982 Convention on the Law of the Sea; and craft that is registered under United States cludes all political subdivisions thereof; ‘‘(2) ‘fixed platform’ means an artificial is- law, at the time the offense is committed; or ‘‘(11) ‘state or government facility’ has the land, installation, or structure permanently ‘‘(C) is committed in an attempt to compel meaning given that term in section attached to the sea-bed for the purpose of ex- the United States to do or abstain from 2332f(e)(3) of this title; ploration or exploitation of resources or for doing any act, or constitutes a threat di- ‘‘(12) ‘United States corporation or legal other economic purposes.’’. rected at the United States; entity’ means any corporation or other enti- (b) CONFORMING AMENDMENT.—The table of ‘‘(3) the prohibited conduct takes place ty organized under the laws of the United sections at the beginning of chapter 111 of outside of the United States and a victim or States or any State, Commonwealth, terri- title 18, United States Code, is amended by an intended victim is a national of the tory, possession or district of the United adding after the item relating to section 2281 United States or a United States corporation States; the following new item: or legal entity, or the offense is committed ‘‘(13) ‘vessel’ has the meaning given that against any state or government facility of ‘‘2281a. Additional offenses against maritime term in section 1502(19) of title 33; and the United States; or fixed platforms.’’. ‘‘(14) ‘vessel of the United States’ has the ‘‘(4) a perpetrator of the prohibited con- SEC. 805. ANCILLARY MEASURE. meaning given that term in section 70502 of duct is found in the United States. title 46.’’. Section 2332b(g)(5)(B) of title 18, United ‘‘(c) PENALTIES.—Whoever violates this States Code, is amended by inserting ‘‘2280a (b) CLERICAL AMENDMENT.—The table of section shall be fined not more than sections at the beginning of chapter 113B of (relating to maritime safety),’’ before ‘‘2281’’, $2,000,000 and shall be imprisoned for any title 18, United States Code, is amended by and by striking ‘‘2281’’ and inserting ‘‘2281 term of years or for life. inserting after the item relating to section through 2281a’’. ‘‘(d) NONAPPLICABILITY.—This section does 2332h the following: Subtitle B—Prevention of Nuclear Terrorism not apply to— ‘‘(1) the activities of armed forces during ‘‘2332i. Acts of nuclear terrorism.’’. SEC. 811. NEW SECTION 2332I OF TITLE 18, (c) DISCLAIMER.—Nothing contained in this UNITED STATES CODE. an armed conflict, as those terms are under- stood under the law of war, which are gov- section is intended to affect the applicability (a) IN GENERAL.—Chapter 113B of title 18, erned by that law; or of any other Federal or State law that might United States Code, is amended by adding pertain to the underlying conduct. after section 2332h the following: ‘‘(2) activities undertaken by military forces of a state in the exercise of their offi- (d) INCLUSION IN DEFINITION OF FEDERAL ‘‘§ 2332i. Acts of nuclear terrorism cial duties. CRIMES OF TERRORISM.—Section ‘‘(a) OFFENSES.— ‘‘(e) DEFINITIONS.—As used in this section, 2332b(g)(5)(B) of title 18, United States Code, ‘‘(1) IN GENERAL.—Whoever knowingly and the term— is amended by inserting ‘‘2332i (relating to unlawfully— ‘‘(1) ‘armed conflict’ has the meaning given acts of nuclear terrorism),’’ before ‘‘2339 (re- ‘‘(A) possesses radioactive material or that term in section 2332f(e)(11) of this title; lating to harboring terrorists)’’. makes or possesses a device— ‘‘(2) ‘device’ means: SEC. 812. AMENDMENT TO SECTION 831 OF TITLE ‘‘(i) with the intent to cause death or seri- ‘‘(A) any nuclear explosive device; or 18, UNITED STATES CODE. ous bodily injury; or ‘‘(B) any radioactive material dispersal or Section 831 of title 18, United States Code, ‘‘(ii) with the intent to cause substantial radiation-emitting device that may, owing is amended— damage to property or the environment; or to its radiological properties, cause death, (a) in subsection (a)— ‘‘(B) uses in any way radioactive material serious bodily injury or substantial damage (1) by redesignating paragraphs (3) through or a device, or uses or damages or interferes to property or the environment; (8) as paragraphs (4) through (9);

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.005 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2914 CONGRESSIONAL RECORD — HOUSE May 13, 2015 (2) by inserting after paragraph (2) the fol- The Chair recognizes the gentleman government can collect the informa- lowing: from Virginia. tion it needs to further a national secu- ‘‘(3) without lawful authority, inten- GENERAL LEAVE rity investigation while also prohib- tionally carries, sends or moves nuclear ma- iting large-scale, indiscriminate collec- terial into or out of a country;’’; Mr. GOODLATTE. Mr. Speaker, I ask (3) in paragraph (8), as redesignated, by unanimous consent that all Members tion, such as data from an entire State, striking ‘‘an offense under paragraph (1), (2), may have 5 legislative days within city, or ZIP Code. (3), or (4)’’ and inserting ‘‘any act prohibited which to revise and extend their re- The USA FREEDOM Act strengthens under paragraphs (1) through (5)’’; and marks and include extraneous mate- civil liberties and privacy protections (4) in paragraph (9), as redesignated, by rials on H.R. 2048, currently under con- by authorizing the FISA court to ap- striking ‘‘an offense under paragraph (1), (2), sideration. point an individual to serve as amicus (3), or (4)’’ and inserting ‘‘any act prohibited The SPEAKER pro tempore. Is there under paragraphs (1) through (7)’’; curiae from a pool of experts to advise (b) in subsection (b)— objection to the request of the gen- the court on matters of privacy and (1) in paragraph (1), by striking ‘‘(7)’’ and tleman from Virginia? civil liberties, communications tech- inserting ‘‘(8)’’; and There was no objection. nology, and other technical or legal (2) in paragraph (2), by striking ‘‘(8)’’ and Mr. GOODLATTE. Mr. Speaker, I matters. It also codifies important pro- inserting ‘‘(9)’’; yield myself such time as I may con- cedures for recipients of National Secu- (c) in subsection (c)— sume. rity Letters to challenge nondisclosure (1) in subparagraph (2)(A), by adding after Mr. Speaker, as we speak, thou- requests. ‘‘United States’’ the following: ‘‘or a state- sands—no, millions—of telephone less person whose habitual residence is in the metadata records are flowing into the The bill increases transparency by United States’’; NSA on a daily basis, 24 hours a day, 7 requiring declassification of all signifi- (2) by striking paragraph (5); cant FISA court opinions and provides (3) in paragraph (4), by striking ‘‘or’’ at the days a week. Despite changes to the NSA bulk telephone metadata program procedures for certified questions of end; and law to the FISA court of review and (4) by inserting after paragraph (4), the fol- announced by President Obama last lowing: year, the bulk collection of the records the United States Supreme Court. ‘‘(5) the offense is committed on board a has not ceased and will not cease un- Additionally, Mr. Speaker, H.R. 2048 vessel of the United States or a vessel sub- less and until Congress acts to shut it requires the Attorney General and the ject to the jurisdiction of the United States down. Director of National Intelligence to (as defined in section 70502 of title 46) or on Not even last week’s decision by the provide the public with detailed infor- board an aircraft that is registered under mation about how the intelligence United States law, at the time the offense is Second Circuit Court of Appeals will committed; end this collection. The responsibility community uses these national secu- ‘‘(6) the offense is committed outside the falls to us, and today we must answer rity authorities, and provides even United States and against any state or gov- the call and the will of the American more robust transparency reporting by ernment facility of the United States; or people to do just that. America’s technology companies. ‘‘(7) the offense is committed in an attempt When we set out to reform this pro- The USA FREEDOM Act enhances to compel the United States to do or abstain gram 1 year ago, I made the pledge to America’s national security by closing from doing any act, or constitutes a threat my colleagues in Congress and to the directed at the United States.’’; loopholes that make it difficult for the (d) by redesignating subsections (d) American people that Americans’ lib- government to track foreign terrorists through (f) as (e) through (g), respectively; erty and America’s security can coex- and spies as they enter or leave the (e) by inserting after subsection (c) the fol- ist, that these fundamental concepts country; clarifying the application of lowing: are not mutually exclusive. They are FISA to foreign targets who facilitate ‘‘(d) NONAPPLICABILITY.—This section does embedded in the very fabric that the international proliferation of weap- not apply to— makes this Nation great and that ‘‘(1) the activities of armed forces during ons of mass destruction; increasing the an armed conflict, as those terms are under- makes this Nation an example for the maximum penalties for material sup- stood under the law of war, which are gov- world. port of a foreign terrorist organization; erned by that law; or Mr. Speaker, the legislation before and expanding the sunsets of the expir- ‘‘(2) activities undertaken by military the House today—H.R. 2048, the USA ing PATRIOT Act provisions to Decem- forces of a state in the exercise of their offi- FREEDOM Act—protects these pillars ber 2019. cial duties.’’; and of American democracy. It affirma- (f) in subsection (g), as redesignated— From beginning to end, this is a care- tively ends the indiscriminate bulk fully crafted, bipartisan bill that en- (1) in paragraph (6), by striking ‘‘and’’ at collection of telephone metadata. But the end; joys wide support. I would like to it goes much further than this. It pro- (2) in paragraph (7), by striking the period thank the sponsor of this legislation, at the end and inserting a semicolon; and hibits the bulk collection of all records Crime, Terrorism, Homeland Security, (3) by inserting after paragraph (7), the fol- under section 215 of the PATRIOT Act, and Investigations Subcommittee lowing: as well as under the FISA pen register Chairman JIM SENSENBRENNER; full ‘‘(8) the term ‘armed conflict’ has the trap and trace device statute and the committee Ranking Member JOHN CON- meaning given that term in section National Security Letter statutes. YERS; and Courts, Intellectual Prop- 2332f(e)(11) of this title; In place of the current bulk tele- erty, and the Internet Subcommittee ‘‘(9) the term ‘military forces of a state’ phone metadata program, the USA Ranking Member JERRY NADLER for means the armed forces of a country that are FREEDOM Act creates a targeted pro- organized, trained and equipped under its in- working together with me on this im- gram that allows the intelligence com- ternal law for the primary purpose of na- portant bipartisan legislation. tional defense or security and persons acting munity to collect non-content call de- in support of those armed forces who are tail records held by the telephone com- I also want to thank the staffs of under their formal command, control and re- panies, but only with the prior ap- these Members for the many hours, sponsibility; proval of the FISA court and subject to weeks, yes, even months of hard work ‘‘(10) the term ‘state’ has the same mean- the ‘‘special selection term’’ limita- they have put into this effort. Further- ing as that term has under international tion. The records provided to the gov- more, I would like to thank my staff, law, and includes all political subdivisions ernment in response to queries will be Caroline Lynch, the chief counsel of thereof; limited to two ‘‘hops,’’ and the govern- the Crime, Terrorism, Homeland Secu- ‘‘(11) the term ‘state or government facil- rity, and Investigations Subcommittee, ity’ has the meaning given that term in sec- ment’s handling of any records it ac- tion 2332f(e)(3) of this title; and quires will be governed by minimiza- and Jason Herring, as well as Aaron ‘‘(12) the term ‘vessel of the United States’ tion procedures approved by the FISA Hiller with Mr. CONYERS and Bart has the meaning given that term in section court. Forsyth with Mr. SENSENBRENNER for 70502 of title 46.’’. The USA FREEDOM Act prevents their long hours and steadfast dedica- The SPEAKER pro tempore. The gen- government overreach by strength- tion to this legislation. tleman from Virginia (Mr. GOODLATTE) ening the definition of ‘‘specific selec- I urge my colleagues to support this and the gentleman from Michigan (Mr. tion term’’—the mechanism used to bipartisan bill, and I reserve the bal- CONYERS) each will control 30 minutes. prohibit bulk collection—to ensure the ance of my time.

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.005 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2915 HOUSE OF REPRESENTATIVES, PER- HOUSE OF REPRESENTATIVES, collection, creates a panel of experts to MANENT SELECT COMMITTEE ON IN- COMMITTEE ON FINANCIAL SERVICES, guide the Foreign Intelligence Surveil- TELLIGENCE, Washington, DC, May 8, 2015. lance Court, and mandates extensive Washington, DC, May 4, 2015. Hon. BOB GOODLATTE, government reporting. Hon. BOB GOODLATTE, Chairman, Committee on the Judiciary, Ray- Chairman, Committee on the Judiciary, Ray- burn House Office Building, Washington, Today we have a rare opportunity to burn House Office Building, Washington, DC. restore a measure of restraint to sur- DC. DEAR CHAIRMAN GOODLATTE: On April 30, veillance programs that have simply 2015, the Committee on the Judiciary ordered gone too far. For years the government DEAR CHAIRMAN GOODLATTE: On April 30, H.R. 2048, the USA FREEDOM Act, to be re- has read section 215 of the PATRIOT 2015, the Committee on the Judiciary ordered ported favorably to the House. As a result of H.R. 2048, the USA Freedom Act of 2015, re- Act to mean that it may collect all do- your having consulted with the Committee mestic telephone records merely be- ported to the House. on Financial Services concerning provisions As you know, H.R. 2048 contains provisions of the bill that fall within our Rule X juris- cause some of them may be relevant at that amend the Foreign Intelligence Surveil- diction, I agree to discharge our committee some time in the future. lance Act, which is within the jurisdiction of from further consideration of the bill so that Last week, endorsing a view that I the Permanent Select Committee on Intel- it may proceed expeditiously to the House and many of my colleagues have held ligence. As a result of your prior consulta- Floor. for years, the Second Circuit Court of tion with the Committee, and in order to ex- The Committee on Financial Services Appeals held that ‘‘the text of section takes this action with our mutual under- pedite the House’s consideration of H.R. 2048, standing that, by foregoing consideration of 215 cannot bear the weight the govern- the Permanent Select Committee on Intel- H.R. 2048 at this time, we do not waive any ment asks us to assign it, and it does ligence will waive further consideration of jurisdiction over the subject matter con- not authorize the telephone metadata the bill. tained in this or similar legislation, and that program.’’ The Committee takes this action only with our committee will be appropriately con- Now, with section 215 set to expire on the understanding that this procedural route sulted and involved as the bill or similar leg- June 1, we have the opportunity—and should not be construed to prejudice the ju- islation moves forward so that we may ad- the obligation—to act clearly and deci- risdictional interest of the House Permanent dress any remaining issues that fall within sively and end the program that has in- Select Committee on Intelligence over this our Rule X jurisdiction. Our committee also fringed on our rights for far too long. bill or any similar bill. Furthermore, this reserves the right to seek appointment of an appropriate number of conferees to any A vote in favor of the USA FREE- waiver should not be considered as precedent DOM Act is an explicit rejection of the for consideration of matters of jurisdictional House-Senate conference involving this or interest to the Committee in the future, in- similar legislation, and requests your sup- government’s unlawful interpretation cluding in connection with any subsequent port for any such request. of section 215 and similar statutes. Put Finally, I would appreciate your response consideration of the bill by the House. The another way, a vote in favor of this bill to this letter confirming this understanding Permanent Select Committee on Intelligence is a vote to end dragnet surveillance in with respect to H.R. 2048 and would ask that will seek conferees on the bill during any the United States. a copy of our exchange of letters on this House-Senate conference that may be con- matter be included in your committee’s re- Mr. Speaker, the ban on bulk collec- vened on this legislation. port to accompany the legislation and/or in tion contained in this legislation turns Finally, I would ask that you include a the Congressional Record during floor con- on the idea of a ‘‘specific selection copy of our exchange of letters on this mat- sideration thereof. term’’ and requires the government to ter in the Congressional Record during the Sincerely, limit the scope of production as nar- House debate on H.R. 2048. I appreciate the JEB HENSARLING, rowly as possible. This definition is constructive work between our committees Chairman. much improved from the version of this on this matter and thank you for your con- bill that passed the House last Con- sideration. HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY, gress. Sincerely, The bill further requires the govern- DEVIN NUNES, Washington, DC, May 11, 2015. Chairman. Hon. JEB HENSARLING, ment to declassify and publish all Chairman, Committee on Financial Services, novel and significant opinions of the Rayburn House Office Building, Wash- Foreign Intelligence Surveillance HOUSE OF REPRESENTATIVES, ington, DC. Court. COMMITTEE ON THE JUDICIARY, DEAR CHAIRMAN HENSARLING: Thank you Washington, DC, May 7, 2015. for your letter regarding H.R. 2048, the b 1430 Hon. DEVIN NUNES, ‘‘U.S.A. Freedom Act of 2015.’’ As you noted, Chairman, Permanent Select Committee on In- It also creates a panel of experts to the Committee on Financial services was advise the court on the protection of telligence, Washington, DC. granted an additional referral on the bill. I am most appreciative of your decision to privacy and civil liberties, communica- DEAR CHAIRMAN NUNES: Thank you for tions technology, and other legal and your letter regarding H.R. 2048, the ‘‘U.S.A. waive further consideration of H.R. 2048 so Freedom Act of 2015.’’ As you noted, the Per- that it may proceed expeditiously to the technical matters. House floor. 1 acknowledge that although manent Select Committee on Intelligence These changes, along with robust re- you waived formal consideration of the bill, was granted an additional referral on the porting requirements for the govern- the Committee on Financial Services is in no bill. ment and flexible reporting options for way waiving its jurisdiction over the subject private companies, create a new and in- I am most appreciative of your decision to matter contained in those provisions of the waive further consideration of H.R. 2048 so bill that fall within your Rule X jurisdiction. escapable level of that all-important that it may proceed expeditiously to the Further, I understand the Committee re- consideration of transparency. The House floor. I acknowledge that although serves the right to seek the appointment of government may one day again at- you waived formal consideration of the bill, an appropriate number of conferees to any tempt to expand its surveillance power the Permanent Select Committee on Intel- House-Senate conference involving this or by clever legal argument, but it will no ligence is in no way waiving its jurisdiction similar legislation, for which you will have longer be allowed to do so in secret. over the subject matter contained in those my support. Mr. Speaker, there are Members of provisions of the bill that fall within your I will include a copy of your letter and this response in the Congressional Record during the House and Senate who oppose this Rule X jurisdiction. Further, I understand bill because it does not include every the Committee reserves the right to seek the floor consideration of H.R. 2048. Sincerely, reform to surveillance law that we can appointment of an appropriate number of BOB GOODLATTE, create, and then there are others who conferees to any House-Senate conference in- Chairman. volving this or similar legislation, for which oppose it because it includes any you will have my support. Mr. CONYERS. Mr. Speaker, I yield changes to existing surveillance pro- myself such time as I may consume. grams. I will include a copy of your letter and this Ladies and gentlemen, with the pas- This bill represents a reasonable con- response in the Committee Report as well as sage of the USA FREEDOM Act today, sensus, and it will accomplish the most in the Congressional Record during floor consideration of H.R. 2048. the House will have done its part to sweeping set of reforms to government Sincerely, enact historic and sweeping reforms to surveillance in nearly 40 years. BOB GOODLATTE, the government’s surveillance program H.R. 2048 has earned the support of Chairman. and powers. This legislation ends bulk privacy advocates, private industry,

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.008 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2916 CONGRESSIONAL RECORD — HOUSE May 13, 2015 the White House, and the intelligence improvement over the status quo. Mr. Speaker, the USA FREEDOM Act community. It ends dragnet surveil- Americans will be safer post USA represents a return to the basic prin- lance and does so without diminishing FREEDOM than they would be if Con- ciple of the Fourth Amendment, the in any way our ability to protect this gress passes a clean reauthorization of right of the people to be secure in their country. the expiring provisions. persons, houses, papers, and effects I want to extend my sincere thanks I am not ignorant to the threats we against unreasonable searches and sei- to Chairman GOODLATTE, to Mr. SEN- face, but a clean reauthorization would zures. SENBRENNER of Wisconsin, and to Mr. be irresponsible. Congress never in- Before the government may search NADLER of New York for working with tended section 215 to allow bulk collec- our homes, seize our persons, or inter- me to bring a stronger version of the tion. That program is illegal and based cept our communications, it must first USA FREEDOM Act to the floor. I on a blatant misinterpretation of the make a showing of individualized sus- think we succeeded. I also want to law. That said, the FREEDOM Act picion. The intrusion it requests must thank Chairman NUNES and Ranking gives the intelligence community new be as targeted and as brief as cir- Member SCHIFF for helping us to reach tools to combat terrorism in more tar- cumstances allow. The Fourth Amend- this point. geted and effective ways. ment demands no less. I urge all of my colleagues to support Specifically, the bill replaces the ad- That is why we are here today. We H.R. 2048, and I reserve the balance of ministration’s bulk metadata collec- have learned that the government has my time. tion with a targeted program to collect engaged in unreasonable searches Mr. GOODLATTE. Mr. Speaker, at only the records the government needs against all of us. It has gathered an this time, it is my pleasure to yield 5 without compromising the privacy of enormous amount of information about minutes to the gentleman from Wis- innocent Americans. every phone call in the United States. consin (Mr. SENSENBRENNER), the chair- It includes new authorities to allow It has deemed all of our phone calls rel- man of the Crime, Terrorism, Home- the administration to expedite emer- evant to a terrorism investigation. It is land Security, and Investigation Sub- gency requests under section 215 and intolerable to our sense of freedom. committee and the chief sponsor of this fills holes in our surveillance law that Today, we are acting to stop it. The legislation. require intelligence agencies to go bill before us prohibits the intelligence Mr. SENSENBRENNER. Mr. Speak- dark on known terrorists or spies when community from engaging in bulk data er, you know you have drafted a strong they transit from outside to inside the collection within the United States. bill when you unite both national secu- U.S. or vice versa. This practice, the dragnet collection rity hawks and civil libertarians. The Under current law, the administra- without a warrant of telephone records USA FREEDOM Act has done that. It tion has to temporarily stop moni- and Internet metadata, is the contem- also has the support of privacy groups, toring persons of interest as it shifts porary equivalent of the British writs tech companies, and the intelligence between domestic and international of assistance that early American revo- community. surveillance authorities. What is more lutionaries opposed and that the This bill is an extremely well-drafted likely to stop the next terrorist attack: Fourth Amendment was drafted to out- compromise, the product of nearly 2 the bulk collection of innocent Ameri- law. It has never complied with the years of work. It effectively protects cans or the ability to track down a Constitution and must be brought to America’s civil liberties and our na- known terrorist as soon as he or she an end without delay. The legal theories that justified tional security. I am very proud of the enters the United States? these programs were developed and ap- USA FREEDOM Act and am confident If you answer that question the same proved in secret, and that practice it is the most responsible path forward. way I do, then don’t let the bluster and must also come to an end. There must I do not fault my colleagues who fear-mongering of the bill’s opponents not be a body of secret law in the wish that this bill went further to pro- convince you we are safer with a clean reauthorization than we are with this United States. tect our civil liberties. For years, the Section 215 says tangible things may government has violated the privacy of bill. Attorney General Lynch and Direc- be seized if they are relevant to a ter- innocent Americans, and I share your tor of National Intelligence Clapper rorism investigation. The govern- anger, but letting section 215 and other recognize this. In a recent letter of sup- ment’s interpretation that this means surveillance authorities expire would port, they wrote: ‘‘everything’’ is obviously wrong, could not only threaten our national secu- only have been advanced in secret, and rity, it would also mean less privacy The significant reforms contained in this legislation will provide the public greater cannot withstand the public scrutiny protections. I emphasize it would also confidence in how our intelligence activities to which it is now subjected. The Sec- mean less privacy protections. are carried out and in the oversight of those ond Circuit Court of Appeals threw out The USA FREEDOM Act also ends activities, while ensuring vital national se- this notion last week, and now, we bulk collections across all domestic curity authorities remain in place. must do so as well. surveillance authorities, not just sec- Let’s not kill these important re- This bill further requires the govern- tion 215. It also expands transparency forms because we wish this bill did ment to promptly declassify and re- with increased reporting from both more. There is no perfect. Every bill we lease each novel or significant opinion government and private companies. If vote on could do more. I play the lot- of the Foreign Intelligence Surveil- the administration finds a new way to tery. When I win, I don’t throw away lance Court. In the future, if the gov- circumvent the law, Congress and the the winning ticket because I wish the ernment advances a similarly dubious public will know. The bill also requires jackpot were higher. legal claim, there will be an advocate the FISC to declassify significant legal It is time to pass the USA FREEDOM in court to oppose it. If the court decisions, bringing an end to secret Act. I am asking all my colleagues— should agree with the novel claim, the laws. Democrats and Republicans, security public will know about it almost im- If the PATRIOT Act authorities ex- hawks, and civil libertarians—to vote mediately, and the responsibility will pire and the FISC approves bulk collec- for it. Let’s speak with one voice in the lie with us to correct it just as quickly. tion under a different authority, how House of Representatives and together Before I close, I want to be clear. Not will the public know? Without the USA urge the United States Senate to work every reform I would have hoped to FREEDOM Act, they will not. Allowing quickly and adopt these important re- enact is included in this bill. We must the PATRIOT Act authorities to expire forms. do more to protect U.S. person infor- sounds like a civil libertarian victory, Mr. CONYERS. Mr. Speaker, I am mation collected under section 702 of but it will actually mean less privacy pleased now to yield 3 minutes to the FISA. We must act to reform other au- and more risk—less privacy and more gentleman from New York (Mr. NAD- thorities, many of them law enforce- risk. LER), to recognize his indefatigable ment rather than intelligence commu- Now, to my colleagues who oppose work, a senior member of the Judiciary nity authorities, to prevent indiscrimi- the USA FREEDOM Act because they Committee. nate searches in other circumstances. don’t believe it does enough for na- Mr. NADLER. Mr. Speaker, I thank I will continue to fight for these re- tional security, this bill is a significant the chairman. forms, among others, and I know that I

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.042 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2917 will not be alone in taking up that In addition, the USA FREEDOM Act Third, we have a few other specific technical challenge in the days to come, but I am of 2015 contains several significant concerns with H.R. 2048 as drafted. grateful that we have the opportunity measures to improve national security NATURE OF THE FISA COURTS to take this first major step to restore that were not part of last year’s bill. It With the advent of a new Congress and the right of the people to be secure in closes a loophole in current law that newly proposed legislation, it seems helpful their persons, houses, papers, and ef- requires the government to stop moni- to restate briefly some key attributes of the toring the communications of foreign work of the FISA Courts. fects and to do so without in any way The vast majority of the work of the FISC endangering national security. terrorists, including ISIL fighters from involves individual applications in which ex- I thank Chairman GOODLATTE, Chair- Syria and Iraq, when they enter the perienced judges apply well-established law man SENSENBRENNER, and Ranking United States. to a set of facts presented by the govern- Member CONYERS for their continued It streamlines the process for the ment—a process not dissimilar to the ex leadership on this legislation, and I government to track foreign spies who parte consideration of ordinary criminal urge every one of my colleagues to sup- temporarily leave the United States. It search warrant applications. Review of en- port this bill. helps the government investigate tire programs of collection and applications Mr. GOODLATTE. Mr. Speaker, I proliferators of weapons of mass de- involving bulk collection are a relatively small part of the docket, and applications in- yield myself such time as I may con- struction. It increases the maximum volving novel legal questions, though obvi- sume. sentence for material support to a for- ously important, are rare. Before I yield to the next speaker, I eign terrorist organization. In all matters, the FISA Courts currently want to say to him and his colleagues Those changes are real improvements depend on—and will always depend on— on the House Intelligence Committee that will make it easier for our intel- prompt and complete candor fom the govern- that they did marvelous work in pro- ligence and law enforcement agencies ment in providing the courts with all rel- tecting not only the national security, to keep Americans safe. evant information because the government is but the civil liberties of Americans. Again, I would prefer a clean reau- typically the only source of such informa- thorization, but the bill we consider tion. They worked with the Judiciary A ‘‘read copy’’ practice—similar to the Committee together to prove that we today is the best way forward in the practices employed in some federal district can have very high levels of civil lib- House to ensure Congress takes respon- courts for Title III wiretap applications— erty and very high levels of national sible action to protect national secu- wherein the government provides the FISC security. I thank Chairman NUNES and rity. I urge my colleagues to support with an advance draft of each planned appli- his staff for that outstanding work. it. cation, is the major avenue for court modi- Now, it is my pleasure to yield 3 min- ADMINISTRATIVE OFFICE OF THE fication of government-sought surveillance. utes to the gentleman from California UNITED STATES COURTS, About a quarter of ‘‘read copies’’ are modi- Washington, DC, May 4, 2015. fied or withdrawn at the instigation of the (Mr. NUNES), the chairman of the House Hon. DEVIN NUNES, FISC before the government presents a final Intelligence Committee. Chairman, Permanent Select Committee on In- application—in contrast to the over- Mr. NUNES. Mr. Speaker, I rise in telligence, House of Representatives, Wash- whelming majority of formal applications support of H.R. 2048, the USA FREE- ington, DC. that are approved by the Court because DOM Act of 2015. DEAR MR. CHAIRMAN: I write regarding H.R. modifications at the ‘‘read copy’’ stage have Ideally, we would reauthorize section 2048, the ‘‘USA Freedom Act,’’ which was re- addressed the Court’s concerns in cases 215 of the U.S. PATRIOT Act and other cently ordered reported by the Judiciary where final applications are submitted. expiring FISA authorities without Committee, to provide perspectives on the The FISC typically operates in an environ- ment where, for natonal security reasons and making any changes. These provisions legislation, particularly an assessment that the pending version of the bill could impede because of statutory requirements, time is of authorize important counterterrorism the effective operation of the Foreign Intel- the essence, and collateral litigation, includ- programs, including the NSA bulk tele- ligence Surveillance Courts. ing for discovery, would generally be com- phone metadata program. In letters to the Committee on January 13, pletely impractical. What is more, they are constitu- 2014 and May 13, 2014, we commented on var- At times, the FISA Courts are presented tional, authorized by Congress, and ious proposed changes to the Foreign Intel- with challenging issues regarding how exist- subject to multiple layers of oversight ligence Surveillance Act (FISA). Our com- ing law applies to novel technologies. In from all three branches of government. ments focused on the operational impact of these instances, the FISA Courts could ben- certain proposed changes on the Judicial efit from a conveniently available expla- As threats to Americans at home and Branch, particularly the Foreign Intel- nation or evaluation of the technology from abroad increase by the day, now is not ligence Surveillance Court (‘‘FISC’’) and the an informed non-government source. Con- the time to be weakening our national Foreign Intelligence Surveillance Court of gress could assist in this regard by clarifying security with all the tragic con- Review (collectively ‘‘FISA Courts’’), but did the law to provide mechanisms for this to sequences that may follow. not express views on core policy choices that occur easily (e.g., by providing for pre- However, I also realize that some of the political branches are considering re- cleared experts with whom the Court can my colleagues disagree. Despite the garding intelligence collection. In keeping share and receive information to the extent fact that the NSA bulk telephone with that approach, we offer views on as- it deems necessary). metadata program has never been in- pects of H.R. 2048 that bear directly on the THE ‘‘PANEL OF EXPERTS’’ APPROACH OF H.R. work of the FISA Courts and how that work 2048 COULD IMPEDE THE FISA COURTS’ WORK tentionally misused, many Members is presented to the public. We sincerely ap- wish to make changes to increase con- H.R. 2048 provides for what proponents preciate the ongoing efforts of the bipartisan have referred to as a ‘‘panel of experts’’ and fidence in the program and allow great- leadership of all the congressional commit- what in the bill is referred to as a group of er transparency into intelligence ac- tees of jurisdiction to listen to and attempt at least five individuals who may serve as an tivities. to accommodate our perspectives and con- ‘‘amicus curiae’’ in a particular matter. Like the bill the House passed last cerns. However, unlike a true amicus curiae, the year with more than 300 votes, this bill We respectfully request that, if possible, FISA Courts would be required to appoint this letter be included with your Commit- such an individual to participate in any case would replace the bulk program that tee’s report to the House on the bill. will expire on June 1 with a targeted involving a ‘‘novel or significant interpreta- SUMMARY OF CONCERNS authority. This new targeted authority tion of law’’ (emphasis added)—unless the We have three main concerns. First, H.R. court ‘‘issues a finding’’ that appointment is will be slower and potentially less ef- 2048 proposes a ‘‘panel of experts’’ for the not appropriae. Once appointed, such amici fective than the current program. FISA Courts which could, in our assessment, are required to present to the court, ‘‘as ap- Along with Ranking Member SCHIFF, I impair the courts’ ability to protect civil lib- propriate,’’ legal arguments in favor of pri- have worked with the Judiciary Com- erties by impeding their receipt of complete vacy, information about technology, or other mittee to ensure these changes still and accurate information from the govern- ‘‘relevant’’ information. Designated amici allow as much operational flexibility ment (in contrast to the helpful amicus cu- are required to have access to ‘‘all relevant’’ as possible. riae approach contained in the FISA Im- legal precedent, as well as certain other ma- provements Act of 2013 (‘‘FIA’’), which was terials ‘‘the court determines are relevant.’’ Chairman GOODLATTE, Ranking Mem- approved in similar form by the House in Our assessment is that this ‘‘panel of ex- ber CONYERS, and Subcommittee Chair- 2014). Second, we continue to have concerns perts’’ approach could impede the FISA man SENSENBRENNER, thank you for with the prospect of public ‘‘summaries’’ of Courts’ role in protecting the civil liberties the constructive work between our FISA Courts’ opinions when the opinions of Americans. We recognize this may not be committees. themselves are not released to the public. the intent of the drafters, but nonetheless it

VerDate Sep 11 2014 06:26 May 14, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.043 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2918 CONGRESSIONAL RECORD — HOUSE May 13, 2015 is our concern. As we have indicated, the full dented in American legal administration. tlewoman from California (Ms. LOF- cooperation of rank-and-file government per- Summaries of court opinions can be inad- GREN), an effective member of the sonnel in promptly conveying to the FISA vertently incorrect or misleading, and may House Judiciary Committee. Courts complete and candid factual informa- omit key considerations that can prove crit- tion is critical. A perception on their part ical for those seeking to understand the im- Ms. LOFGREN. Mr. Speaker, I be- that the FISA process involves a ‘‘panel of port of the court’s full opinion. This is par- lieve this bill makes meaningful re- experts’’ officially charged with opposing the ticularly likely to be a problem in the fact- form to a few of the surveillance pro- government’s efforts could risk deterring the focused area of FISA practice, under cir- grams, but it in no way stops all of the necessary and critical cooperation and can- cumstances where the government has al- bulk collection of U.S. person commu- dor. Specifically, our concern is that impos- ready decided that it cannot release the un- nications currently occurring. This bill ing the mandatory ‘‘duties’’—contained in derlying opinion even in redacted form, pre- won’t stop the most egregious and subparagraph (i)(4) of proposed section 401 (in sumably because the opinion’s legal analysis widely reported privacy violations that combination with a quasi-mandatory ap- is inextricably intertwined with classified pointment process)—could create such a per- facts. occur under section 702 and Executive Order No. 12333. ception within the government that a stand- ADDITIONAL TECHNICAL COMMENTS ON H.R. 2048 In a declassified decision, the FISA ing body exists to oppose intelligence activi- The Judiciary, like the public, did not par- ties. ticipate in the discussions between the Ad- court said that the NSA had been col- Simply put, delays and difficulties in re- ministration and congressional leaders that lecting substantially more U.S. person ceiving full and accurate information from led to H.R. 2048 (publicly released on April communications through its upstream Executive Branch agencies (including, but 28, 2015 and reported by the Judiciary collection program than it had origi- not limited to, cases involving non-compli- Committe without changes on April 30). In ance) present greater challenges to the FISA nally told the court. With upstream the few days we have had to review the bill, Courts’ role in protecting civil liberties than collection, the NSA directly taps into we have noted a few technical concerns that does the lack of a non-governmental perspec- international Internet cables to search we hope can be addressed prior to finaliza- tive on novel legal issues or technological through all of the communications tion of the legislation, should Congress developments. To be sure, we would welcome choose to enact it. These concerns (all in the that flow through it, looking for com- a means of facilitating the FISA Courts’ ob- amicus curiae subsection) include: munications that map certain criteria. taining assistance from nongovernmental ex- Proposed subparagraph (9) appears inad- Four years ago, the court found that perts in unusual cases, but it is critically im- vertently to omit the ability of the FISA the government was collecting tens of portant that the means chosen to achieve Courts to train and administer amici be- that end do not impair the timely receipt of thousands of wholly domestic commu- tween the time they are designated and the nications a year. Why? Because all of complete and accurate information from the time they are appointed. government. Proposed subparagraph (6) dots not make your data is everywhere. No accurate It is on this point especially that we be- any provision for a ‘‘true amicus’’ appointed estimate can be given for the even larg- lieve the ‘‘panel of experts’’ system in H.R. under subparagraph (2)(B) to receive nec- er number of communications collected 2048 may prove counterproductive. The infor- essary information. in which a U.S. person was a party to mation that the FISA Courts need to exam- We are concerned that a lack of parallel the communication. ine probable cause, evaluate minimization construction in proposed clause (6)(A)(i) (ap- and targeting procedures, and determine and The Director of National Intelligence parently differentiating between access to confirmed the government searches enforce compliance with court authoriza- legal precedent as opposed to access to other tions and orders is exclusively in the hands materials) could lead to confusion in its ap- this vast amount of data, including the of the government—specifically, in the first plication. content of email and of telephone calls, instance, intelligence agency personnel. If We recommend adding additional language without individualized suspicion, prob- disclosure of sensitive or adverse informa- to clarify that the exercise of the duties able cause, and without a warrant. The tion to the FISA Courts came to be seen as under proposed subparagraph (4) would occur Director of the FBI says they use infor- a prelude to disclosure to a third party in the context of Court rules (for example, mation to build criminal cases against whose mission is to oppose or curtail the deadlines and service requirements). agency’s work, then the prompt receipt of U.S. persons. This is an end run around We believe that slightly greater clarity the Fourth Amendment, and it has to complete and accurate information from the could be provided regarding the nature of the government would likely be impaired—ulti- obligations referred to in proposed subpara- stop. mately to the detriment of the national se- graph (10). This bill did not create those prob- curity interest in expeditious action and the These concerns would generally be avoided lems. However, this bill doesn’t correct effective protection of privacy and civil lib- or addressed by substituting the FIA ap- those problems. During the markup of erties. proach. Furthermore, it bears emphasis that, the bill, Chairman GOODLATTE stated In contrast, a ‘‘true’’ amicus curiae ap- even if H.R. 2048 were amended to address all proach, as adopted, for example, in the FIA, that these issues would be next, but we of these technical points, our more funda- can’t afford to wait until the final hour facilitates appointment of experts outside mental concerns about the ‘‘panel of ex- the government to serve as amici curiae and perts’’ approach would not be fully assuaged. of expiration to take action like we did render any form of assistance needed by the Nonetheless, our staff stands ready to work with this bill. To do so would mean at court, without any implication that such ex- with your staff to provide suggested textual least another 2 years of the mass sur- perts are expected to oppose the intelligence changes to address each of these concerns. veillance of Americans, which is un- activities proposed by the government. For Finally, although we have no particular conscionable. Last year, the House that reason, we do not believe the FIA ap- objection to the requirement in this legisla- voted 293–123 to close these backdoor proach poses any similar risk to the courts’ tion of a report by the Director of the AO, obtaining relevant information. loopholes, but the Rules Committee Congress should be aware that the AO’s role would not allow the House to vote ‘‘SUMMARIES’’ OF UNRELEASED FISA COURT would be to receive information from the OPINIONS COULD MISLEAD THE PUBLIC FISA Courts and then simply transmit the today to put these fixes into this bill. In our May 13, 2014, letter to the Com- report as directed by law. I voted in committee to advance this mittee on H.R. 3361, we shared the nature of For the sake of brevity, we are not restat- bill for a couple of reasons, and I do our concerns regarding the creation of public ing here all the comments in our previous want to thank all of the members who ‘‘summaries’’ of court opinions that are not correspondence to Congress on proposed leg- worked on this but single out Congress- islation similar to H.R. 2048. However, the themselves released. The provisions in H.R. man JIM SENSENBRENNER, who was the 2048 are similar and so are our concerns. To issues raised in those letters continue to be author of the bill and who has worked of importance to us. be clear, the FISA Courts have never ob- so hard to make sure that improve- jected to their opinions—whether in full or We hope these comments are helpful to the in redacted form—being released to the pub- House of Representatives in its consideration ments are made. The bill is an im- lic to the maximum extent permitted by the of this legislation. If we may be of further provement over a straight reauthoriza- Executive’s assessment of national security assistance in this or any other matter, tion of the bill. I also listened carefully concerns. Likewise, the FISA Courts have al- please contact me or our Office of Legisla- to the verbal commitments that the 702 ways facilitated the provision of their full tive Affairs. fix would be included, and I reserve the opinions to Congress. See, e.g., FISC Rule of Sincerely, right to oppose this bill when it comes Procedure 62(c). Thus, we have no objection JAMES C. DUFF, Director. back from the Senate if we can’t close to the provisions in H.R. 2048 that call for these loopholes. maximum public release of court opinions. b 1445 However, a formal practice of creating sum- Mr. GOODLATTE. Mr. Speaker, I am maries of court opinions without the under- Mr. CONYERS. Mr. Speaker, I am pleased to yield 2 minutes to the gen- lying opinion being available is unprece- pleased to yield 21⁄2 minutes to the gen- tleman from Virginia (Mr. FORBES), a

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.009 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2919 member of the House Judiciary Com- tifiable concern on the part of the pub- 2. The USA Freedom Act strengthens the mittee and an original cosponsor of lic and by a large percentage of the definition of ‘‘specific selection term,’’ the this legislation. Members of this body that the extent mechanism used to prohibit bulk collection, Mr. FORBES. I thank the chairman. and scale of the NSA data collection which prevents large-scale, indiscriminate data Mr. Speaker, I rise today in support bundling, which, by orders of mag- collection while at the same time ensuring the of the USA FREEDOM Act, which nitude, exceeded anything previously government can collect the information it passed the Judiciary Committee with authorized or contemplated, may have needs to further a national security investiga- bipartisan support just 2 weeks ago. constituted an unwarranted invasion of tion. The bill accomplishes the twin goals privacy and a threat to the civil lib- 3. The USA Freedom Act strengthens pro- of protecting our Nation from our en- erties of Americans. tections for civil liberties by creating a panel of emies while safeguarding the civil lib- Mr. Speaker, I have been a decade- experts to advise the FISA Court on matters of erties that our servicemembers fight plus-long member of the Homeland Se- privacy and civil liberties, communications for every day. curity Committee. I do not in any way technology, and other technical or legal mat- Americans across the country have want to infringe upon the security of ters and also codifies important procedures for called for the NSA to listen less and this Nation, but if we allow the terror- recipients of National Security Letters. elected officials to listen more. The ists to terrorize us, then we are in very 4. The bill increases transparency by requir- USA FREEDOM Act will end the NSA’s bad shape, and I am glad the voices of ing declassification of all significant opinions of bulk collection program, which was es- opposition were raised. the FISA Court and provides procedures for tablished under section 215 of the PA- To quell the growing controversy, certified questions of law to the FISA Court of TRIOT Act, and it will further protect the Director of National Intelligence Review and the Supreme Court. Americans’ Fourth Amendment rights declassified and released limited infor- 5. The USA Freedom Act requires the Attor- by strengthening oversight and ac- mation about the program, but it did ney General and the Director of National Intel- countability of the intelligence com- not, by any means, satisfy the concern ligence to provide the public with detailed munity. raised by Americans. The DNI stated guidance about how they can use these na- As a member of the House Armed that the only type of information ac- tional security authorities, and provides even Services Committee, I work with our quired under the court’s order was tele- more reporting by America’s technology com- servicemembers and military leaders phone metadata, such as telephone panies. 6. The USA Freedom Act contains several daily to ensure our adversaries do not numbers dialed and length of calls. important national security enhancements, in- harm this great Nation. That is why I That did not satisfy our concern. cluding closing loopholes that make it difficult applaud Chairman GOODLATTE and Mr. I am very pleased that we are here on for the government to track foreign terrorists SENSENBRENNER for including provi- the floor of the House putting forward sions in the bill to address the growing something that addresses the concerns and spies as they enter or leave the country. The USA Freedom Act is the House’s uni- threat of ISIL. but that does not undermine the secu- fied response to the unauthorized disclosures With continued threats of terrorism, rity of America. For example, I intro- and subsequent publication in the media in our Nation’s intelligence community duced the FISA court in the Sunshine June 2013 regarding the National Security must be equipped to protect our Nation Act of 2013 in response to this. Without Agency’s collection from Verizon of the phone and national security interests. How- compromising national security, it was records of all of its American customers, which ever, any intelligence framework must bipartisan legislation that gave much- was authorized by the FISA Court pursuant to be confined within the boundaries of needed transparency to the decision or- Section 215 of the Patriot Act. the United States Constitution. Strik- ders and opinions of the Foreign Intel- Public reaction to the news of this massive ing this balance between safeguarding ligence Surveillance Court, or FISA. and secret data gathering operation was swift privacy and protecting Americans is a My bill would require the Attorney and negative. challenge in today’s post-9/11 world, General to disclose each decision. I am There was justifiable concern on the part of but it is one that should not tip to- glad that, in this bill, we have posi- the public and a large percentage of the Mem- wards allowing the government to tions and points where the Attorney bers of this body that the extent and scale of trample on our constitutional rights. General is conducting declassification this NSA data collection operation, which ex- Security must not come at the cost of review. I am also pleased that the bill ceeded by orders of magnitude anything pre- Americans’ liberties. That is why I before us contains an explicit prohibi- viously authorized or contemplated, may con- urge my colleagues today to support tion and a restraint, pursuant to sec- stitute an unwarranted invasion of privacy and this bill. tion 215, on the bulk collection of tan- threat to the civil liberties of American citizens. Mr. CONYERS. Mr. Speaker, I am gible things. To quell the growing controversy, the Direc- pleased to yield 21⁄2 minutes to the dis- We are making a difference with the tor of National Intelligence declassified and re- tinguished gentlewoman from Texas USA FREEDOM Act, and it is inter- leased limited information about this program. (Ms. JACKSON LEE). esting that groups as different as the R According to the DNI, the information acquired Ms. JACKSON LEE. Let me thank Street Institute and the Human Rights under this program did not include the content the ranking member and the chairman Watch are, in essence, supporting this of any communications or the identity of any of the full committee. As my col- legislation. subscriber. leagues have done, let me also ac- Mr. Speaker, I believe that we can do The DNI stated that ‘‘the only type of infor- knowledge the chairman of the Crime what we need to do by passing this leg- mation acquired under the Court’s order is te- Subcommittee, Mr. SENSENBRENNER, on islation and by then going to an lephony metadata, such as telephone num- which I serve as the ranking member. amendment on section 702, which I will bers dialed and length of calls.’’ As many have noted, let me acknowl- support. Security goes along with pro- The assurance given by the DNI, to put it edge the work of Mr. GOODLATTE and tection, and I believe this particular mildly, was not very reassuring. Mr. CONYERS and their leadership on a legislation does it. In response, many Members of Congress, very important statement on behalf of Mr. Speaker, as a senior member of the Ju- including the Ranking Member CONYERS, and the American people. diciary Committee and an original co-sponsor, Mr. SENSENBRENNER, and myself, introduced Mr. Speaker, the USA FREEDOM Act I rise in strong support of H.R. 2048, the ‘‘USA legislation in response to the disclosures to is the House’s unified response to the Freedom Act,’’ which is stands for ‘‘Uniting ensure that the law and the practices of the unauthorized disclosures and subse- and Strengthening America by Fulfilling Rights executive branch reflect the intent of Congress quent publication in the media in June and Ending Eavesdropping, Dragnet-collec- in passing the USA Patriot Act and subse- 2013 regarding the National Security tion, and Online Monitoring Act.’’ quent amendments. Agency’s collection from Verizon of the I support the USA Freedom Act for several For example, I introduced H.R. 2440, the phone records of all of its American reasons: ‘‘FISA Court in the Sunshine Act of 2013,’’ bi- customers which were authorized by 1. The bill ends all bulk collection of busi- partisan legislation, that provided much need- the FISA court pursuant to section 215 ness records under Section 215 and prohibits ed transparency without compromising na- of the PATRIOT Act. bulk collection under the FISA Pen Register/ tional security to the decisions, orders, and You can imagine, Mr. Speaker, the Trap and Trace Device authority and National opinions of the Foreign Intelligence Surveil- public was not happy. There was jus- Security Letter authorities. lance Court or ‘‘FISA Court.’’

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MY7.044 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2920 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Specifically, my bill required the Attorney H.R. 2048, the USA FREEDOM Act, of with things we have learned since the General to disclose each decision, order, or which I am proud to be an original co- enactment of the PATRIOT Act, and opinion of a Foreign Intelligence Survellance sponsor. also make changes based on both les- Court (FISC), allowing Americans to know how This vital bill will reform our Na- sons learned of things the PATRIOT broad of a legal authority the government is tion’s intelligence-gathering programs Act overdid and excesses by the Presi- claiming under the PATRIOT ACT and Foreign to end the bulk collection of data, dential usurping of the intent of Con- Intelligence Surveillance Act to conduct the strengthen Americans’ civil liberties, gress. We have achieved that by a 25–2 surveillance needed to keep Americans safe. and protect our homeland from those vote in our committee, a vote that is I am pleased that these requirements are in- who wish to do us harm. almost unheard of. corporated in substantial part in the USA Free- In passing this legislation, we can I think, most importantly, though, dom Act, which requires the Attorney General provide officials with the tools they we are doing something the American to conduct a declassification review of each need to combat terrorist groups, such people need to know, and that is we are decision, order, or opinion of the FISA court as ISIL, by closing a current loophole bringing transparency to the process that includes a significant construction or inter- that requires the government to stop for the first time. Under this legisla- pretation of law and to submit a report to Con- tracking foreign terrorists upon their tion, a FISA court, working in secrecy, gress within 45 days. entering the United States. that makes a decision to expand or to As I indicated, perhaps the most important This bill will also provide for the ro- in some other way add more surveil- reasons for supporting passage of H.R. 2048 bust oversight of our intelligence agen- lance will have to publish those find- is the bill’s prohibition on domestic bulk collec- cies by requiring additional reporting ings, declassify them, and make them tion, as well as its criteria for specifying the in- standards on how FISA authorities are available not just to Congress but to formation to be collected, applies not only to employed. Furthermore, H.R. 2048 will the American people. Section 215 surveillance activities but also to prevent government overreach and will We cannot guarantee that behind other law enforcement communications inter- increase privacy protections by ending closed doors secret—and necessarily se- ception authorities, such as national security the large-scale, indiscriminate collec- cret—judge actions would always be letters. tion of data, which includes all records what we would like, but under this re- Finally, I strongly support the USA Freedom from an entire State, city, or ZIP Code. form, we can ensure that Congress and Act because Section 301 of the bill continues With section 215 of the PATRIOT Act the American people will have the to contain protections agains ‘‘reverse tar- set to expire soon, it is vital that Con- transparency and oversight as to those geting,’’ which became law when an earlier gress acts quickly to pass this bipar- actions, not by whom they were after Jackson Lee Amendment was included in H.R. tisan bill so that we can keep our coun- but what they did. That is going to 3773, the RESTORE Act of 2007. try safe and so that we can work to re- bring the true reform that has been ‘‘Reverse targeting,’’ a concept well known store the trust of the American people. needed in a process in which the trust to members of this Committee but not so well Mr. CONYERS. Mr. Speaker, I am of the American people has been in understood by those less steeped in the pleased to yield 1 minute to the distin- doubt since the Snowden revelation. I, personally, want to thank the arcana of electronic surveillance, is the prac- guished gentleman from New York (Mr. ranking member and the chairman. tice where the government targets foreigners JEFFRIES). This could not have happened without without a warrant while its actual purpose is to Mr. JEFFRIES. I thank the distin- bipartisan work and without the sup- collect information on certain U.S. persons. guished gentleman from Michigan. port of those who want to strengthen One of the main concerns of libertarians Mr. Speaker, in a democracy, there our security and of those who want to and classical conservatives, as well as pro- must be a balance between effective strengthen and retain our freedoms gressives and civil liberties organizations, in national security protection on the one hand and a healthy respect for privacy under the Fourth Amendment. giving expanded authority to the executive Mr. CONYERS. Mr. Speaker, I yield 1 and civil liberties interests on the branch was the temptation of national security minute to the distinguished gentle- other. This is a balance that traces all agencies to engage in reverse targeting may woman from Washington (Ms. the way back to the founding of the be difficult to resist in the absence of strong DELBENE). Republic. It is rooted most promi- safeguards to prevent it. Ms. DELBENE. Mr. Speaker, last The Jackson Lee Amendment, preserved in nently in the Bill of Rights, in the Con- week, the Second Circuit confirmed Section 301 of the USA Freedom Act, reduces stitution, in the Fourth Amendment. what a lot of Members have been say- even further any such temptation to resort to Yet, in its zeal to protect the home- ing for years: the NSA has brazenly ex- reverse targeting by making any information land, our national security apparatus ploited the PATRIOT Act to conduct concerning a United States person obtained overreached into the lives of everyday, surveillance far beyond what the law improperly inadmissible in any federal, state, hard-working Americans in a manner permits; but the court refrained from or local judicial, legal, executive, or administra- that was inconsistent with our tradi- enforcing its decision, instead placing tive proceeding. tional notions of privacy and civil lib- the burden on Congress to protect Mr. Speaker, I noted in an op-ed published erties. This overreach was unnecessary, Americans from unwarranted mass sur- way back in October 2007, that as Alexis unacceptable, and unconstitutional. veillance. DeTocqueville, the most astute student of By ending bulk collection through That is why I am proud to be a co- American democracy, observed nearly two section 215, we have taken a substan- sponsor of this year’s USA FREEDOM centuries ago, the reason democracies invari- tial step in the right direction toward Act, a serious reform bill that would go ably prevail in any military conflict is because restoring the balance. More must be a long way to protecting Americans’ democracy is the governmental form that best done, but I am going to support this privacy by ending bulk collection and rewards and encourages those traits that are legislation because of the meaningful by creating greater transparency, over- indispensable to success: initiative, innovation, effort that has been made to help sight, and accountability. courage, and a love of justice. strike the appropriate balance. I support the USA Freedom Act because it Mr. GOODLATTE. Mr. Speaker, it is b 1500 will help keep us true to the Bill of Rights and my pleasure to yield 2 minutes to the After the House acts today, it is up strikes the proper balance between cherished gentleman from California (Mr. ISSA), to the Senate leaders to pass these re- liberties and smart security. who is the chairman of the Courts, In- forms or let the expiring provisions of I urge my colleagues to support the USA tellectual Property, and the Internet the PATRIOT Act sunset on June 1 be- Freedom Act. Subcommittee and a strong supporter cause a clean reauthorization is abso- Mr. GOODLATTE. Mr. Speaker, it is of this legislation. lutely unacceptable. I urge my col- my pleasure to yield 2 minutes to the Mr. ISSA. I thank the chairman. leagues in each Chamber to support gentlewoman from California (Mrs. Mr. Speaker, each person who comes this critical effort to end bulk collec- MIMI WALTERS), a member of the House up here will talk to you about the tion and protect both Americans’ pri- Judiciary Committee and an original painstaking work that the chairman vacy and America’s security. cosponsor of this bill. and the ranking member went through Mr. GOODLATTE. Mr. Speaker, at Mrs. MIMI WALTERS of California. to craft a bill that would both this time I yield 3 minutes to the gen- Mr. Speaker, I rise today in support of strengthen our security, following on tleman from Texas (Mr. HURD).

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.012 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2921 Mr. HURD of Texas. I thank the dividual liberty. Our Founders set out I reserve the balance of my time. chairman for yielding me this time. to create a lasting Union and a great Mr. GOODLATTE. Mr. Speaker, at Mr. Speaker, as a former CIA officer, Nation, one in which the people would this time I yield 2 minutes to the gen- I completely understand the need for be free to govern themselves, to ex- tleman from North Carolina (Mr. HOLD- the men and women in our intelligence press themselves, to worship for them- ING). agencies to have access to timely, vital selves, while also being secure in their Mr. HOLDING. Mr. Speaker, I thank information as they track down bad homes, their papers, and their persons. the gentleman from Virginia, the chair guys. Nearly two-and-a-half centuries of the Committee on the Judiciary, for As an American citizen, I know how later, it is easy to forget that these both the time today and for his dili- important our civil rights are and that freedoms were enshrined in the Con- gent work on the USA FREEDOM Act it is the government’s job to protect stitution amidst great peril. Americans of 2015. those rights, not infringe upon them. I had only recently fought a war for Mr. Speaker, the world we live in is a believe that we, as a nation, as a gov- independence and would be confronted dangerous place. Indeed, it is far more ernment, as a people can do both, and by powerful and often hostile forces in dangerous than it ever has been. Acts that is why I am supporting the USA the future, including the powerful em- of terror reached a record level last FREEDOM Act. Because it prioritizes pires of Britain, France, and Spain. year, and with the wickedness of both and strikes the right balance be- Here were truly existential threats, groups like ISIS and Boko Haram tween privacy and security, Americans and still the Founders said, We can be showing continued, complete disregard can rest assured that their private in- secure and we can be free. They were for human life, our Nation must always formation isn’t being subjected to bulk right; we can and we must. remain prepared and vigilant. So today, at another moment of na- collection by the NSA. They can be The legislation before us today, Mr. tional danger, we are challenged to re- confident that there are privacy ex- Speaker, builds on the reforms from affirm our commitment to these twin perts advising the FISA court advo- the legislation passed last Congress, imperatives—security and liberty—and cating for our civil liberties, and they championed by my friend Representa- to prove again that we can find the can be proud of an intelligence commu- tive SENSENBRENNER, and it accounts right balance for our times. The USA nity who works hard every day to for the absolute need to protect civil FREEDOM Act strikes that delicate make sure that our country is pro- liberties while also remaining clear- but vitally important balance. tected. On the side of freedom, it ends bulk eyed and vigilant about the real I have seen firsthand the value these collection, not just of telephone threats that we face every day around programs bring, but I also know that if metadata under section 215, but of any the world. I thank the chairman and I thank the Americans don’t feel they can trust bulk collection under any other au- their own government, we are losing thority. It creates a specific procedure committee for their work. I urge sup- the battle right here at home. It is my for telephone metadata that allows the port for H.R. 2048. Mr. SCHIFF. Mr. Speaker, I yield 2 hope that this bill will increase trans- government, upon court approval, to minutes to the gentleman from Mary- parency and accountability to the pro- query the data that the telephone com- gram so that our hard-working intel- panies already keep, something I have land (Mr. RUPPERSBERGER). Mr. RUPPERSBERGER. Mr. Speak- ligence community can continue their long advocated. It increases trans- er, I rise in strong support of the USA job of defending the country, and parency by requiring a declassification FREEDOM Act, which virtually deletes American citizens can be confident review of all significant FISA court that they are being protected from en- opinions and by requiring the govern- the National Security Agency’s data- emies both foreign and domestic. Up- ment to provide the public with de- base of Americans’ phone and email holding civil liberties are not burdens; tailed information about how they use records. The bulk collection of what we they are what make all of us safer and these national security authorities. know now as metadata will end. stronger. And it provides for a panel of experts Under this bill, the government will Mr. CONYERS. Mr. Speaker, I am to advocate for privacy and civil lib- now have to seek court approval before pleased to yield 8 minutes to the gen- erties before the FISA court, also petitioning private cell phone compa- tleman from California (Mr. SCHIFF), something that I have advocated for nies for records. The court will have to who is the distinguished ranking mem- quite sometime. approve each application except in ber of the House Permanent Select At the same time, the USA FREE- emergencies, and major court decisions Committee on Intelligence. I ask unan- DOM Act of 2015 preserves important will be made public. imous consent that he be permitted to capabilities and makes further na- It is very similar to legislation draft- manage that time. tional security enhancements by clos- ed and introduced last year by the Per- The SPEAKER pro tempore. Is there ing loopholes that make it difficult for manent Select Committee on Intel- objection to the request of the gen- the government to track foreign ter- ligence, under the leadership of former tleman from Michigan? rorists and spies as they enter or leave Chairman Rogers and myself, together There was no objection. the country, clarifying the application with our colleagues on the Committee Mr. SCHIFF. Mr. Speaker, I thank of FISA to those who facilitate the on the Judiciary, led by Congressmen the gentleman for yielding me the international proliferation of weapons GOODLATTE and CONYERS. That bill time, and I yield myself such time as I of mass destruction and increasing the passed with an overwhelming bipar- may consume. maximum penalties for those who pro- tisan majority, and I want to thank First, let me say thank you to Chair- vide material support for terrorism. Congressmen GOODLATTE and CONYERS, man GOODLATTE and Ranking Member This is a strong bill and should advance as well as Congressmen SCHIFF and CONYERS as well as to my colleague, with such an overwhelming majority NUNES, also with Congressmen SENSEN- Chairman NUNES. We have worked this that it compels the Senate to act. BRENNER and NADLER and other Mem- issue together for a long time, and I am But this is not a one-and-done legis- bers who worked hard and continued very proud of the bipartisan legislation lative fix or the end of our work. Rath- the pursuit on this much-needed re- that we have produced. I also want to er, it is a reaffirmation of our commit- form. thank the administration that worked ment to constantly recalibrate our We need this bill, though, to keep our with us so long and hard, and the work laws to make sure that privacy and se- country safe. Section 215 of the PA- done in the last Congress by former curity are coexisting and mutually re- TRIOT Act, which is the part that le- HPSCI Chairman Mike Rogers and inforcing. While the public may have galizes much of NSA’s critical work to former HPSCI Ranking Member DUTCH begun its debate on these programs 2 protect us from terrorists, expires in RUPPERSBERGER. I rise today in strong years ago, many of us—myself in- less than 3 weeks, on June 1. If we do support of H.R. 2048. cluded—have been working these issues not reauthorize it with the reforms de- This Nation was founded on the revo- long before, and we will continue to manded by the public, essential capa- lutionary principle that liberty need work them long afterwards. That is our bilities to track legitimate terror sus- not be sacrificed to security, that pub- responsibility and the great obligation pects will expire also. That couldn’t lic safety can and must coexist with in- the Founders bequeathed to us. happen at a worse time. We live in a

VerDate Sep 11 2014 06:26 May 14, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.046 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2922 CONGRESSIONAL RECORD — HOUSE May 13, 2015 dangerous world. The threats posed by important reforms to the FISA court, From the founding of the American ISIS and other terrorist groups are just but, importantly, it prohibits—I will Republic, this country has been en- the tip of the iceberg. say again, prohibits—the bulk collec- gaged in a profound debate about the We also need strong defenses against tion, under section 215, under the pen responsibilities and the limits of our increasingly aggressive cyberterrorists register authorities, and under Na- Federal Government. and the lone wolf terrorists who are tional Security Letter statutes, of data The tension between these two essen- often American citizens, for example. on American citizens. Americans will tial functions of the government did This bill restores Americans’ con- now rest easy knowing that their calls not suddenly spring into existence in fidence that the government is not or other records will not be warehoused this age of cyber attacks and terrorist snooping on its own citizens by improv- by the government, no matter how plots. Americans have long grappled ing the necessary checks and balances careful that government is in the pro- with their need for security and their to our democracy. This bill balances cedures it uses to access those files. innate desire to protect their personal the need to protect our country with Mr. Speaker, whatever the legal in- liberty from government intrusion. the need to protect our constitutional terpretations, most recently defini- Benjamin Franklin is often quoted as rights and civil liberties. tively ruled upon by the Second Circuit saying: Mr. GOODLATTE. Mr. Speaker, at Court of Appeals, whatever the legal Those who would give up essential liberty this time I am pleased to yield 3 min- interpretations, there is something to purchase a little temporary safety deserve utes to the gentleman from Pennsyl- about the idea of a government keeping neither liberty nor safety. vania (Mr. MARINO), chairman of our extensive records on its free citizens After the horrific attacks on Sep- Regulatory Reform, Commercial and which damages our intuitive sense of tember 11, the country was determined Antitrust Law Subcommittee and a freedom and liberty. So whatever the not to allow such an attack to occur strong supporter of this legislation. law and whatever the legal interpreta- again. The changes we made then to Mr. MARINO. I thank the chairman tions—and I do believe those have been our intelligence laws helped keep us for yielding me this time. settled—what we do here today, which safe from implacable enemies. Today, Mr. Speaker, I rise in support of the is to say that the government of the we renew our commitment to our Na- USA FREEDOM Act. I applaud my col- United States will not keep detailed tion’s security and the safety of the leagues on both sides of the aisle for call or other bulk records on its free American people. their hard work on a true compromise citizens, I believe is an important step We also make this pledge that the piece of legislation. It protects the pri- forward for this country. United States of America will remain a vacy of American citizens, according to I urge all of my colleagues to vote in nation whose government answers to the Constitution, while ensuring our favor of the USA FREEDOM Act. the will of its people. This country national security, which is a priority. I Mr. GOODLATTE. Mr. Speaker, may must be what it always has been, a bea- understand the importance of reau- I inquire how much time is remaining con of freedom to the world, a place thorizing these important FISA provi- on each side? where the principles of the Founders— sions. The SPEAKER pro tempore. The gen- including the commitment to indi- As a U.S. attorney, I had these tools tleman from California has 30 seconds vidual liberties—will continue to live, at my disposal, and I used them to pro- remaining, the gentleman from Vir- protected and nourished for future gen- tect Americans in Pennsylvania and ginia has 81⁄2 minutes remaining, and erations. across the country. We needed them at the gentleman from Michigan has 61⁄2 Mr. Speaker, I urge my colleagues to the time, and we need them now. How- minutes remaining. support this important bipartisan leg- ever, I equally understand the impor- Mr. GOODLATTE. Mr. Speaker, 30 islation. tance of also protecting the privacy in- seconds, is that the total amount of I yield back the balance of my time. terests of American citizens. The act time the other side has? Mr. SANFORD. Mr. Speaker, last week a ends bulk collection; it strengthens The SPEAKER pro tempore. The mi- federal appeals court declared that the NSA’s protections of civil liberties; it in- nority has 7 minutes total remaining. bulk data collection on American citizens over creases transparency; all while ensur- Mr. GOODLATTE. Mr. Speaker, I re- the past 14 years was illegal. So why is Con- ing that our intelligence and national serve the balance of my time. gress considering a bill that would legalize a security agencies have the tools they Mr. SCHIFF. Mr. Speaker, once again program already deemed illegal? Unfortu- need to fight terrorism abroad. In addi- I want to thank my colleagues for their nately, that is what the USA FREEDOM Act tion, the USA FREEDOM Act protects good work. I also want to acknowledge does, and I believe codifies a program that American citizens at home. Mr. SENSENBRENNER for his strong ad- violates the Constitution. When the Fourth Mr. SCHIFF. Mr. Speaker, I am vocacy on this measure. Amendment says that the American people pleased to yield 2 minutes to the gen- With that, I yield back the balance of have the right to be free from warrantless my time. tleman from Connecticut (Mr. HIMES). searches and seizures of themselves and their Mr. HIMES. Mr. Speaker, let me b 1515 property, I think it’s a pretty clear statement on begin by thanking the chairman and Mr. CONYERS. Mr. Speaker, I yield the limits of governmental action. Unfortu- ranking member of the Committee on myself such time as I may consume. nately, the bill today does not fully protect that the Judiciary, as well as Chairman Mr. Speaker and Members of the right and accordingly I don’t support it. The NUNES and Ranking Member SCHIFF of House, I would like to simply ask my bill’s purpose was to rein in the NSA’s bulk the Permanent Select Committee on colleagues to reject an unlawful sur- data collection program but failed on that front, Intelligence, for their good, bipartisan veillance program, to restore limits to and I wanted to offer a few thoughts as to work on a bill that I think is long over- a range of surveillance authorities, to why. due. compel the government to act with First, the bill uses broad language to define The good work on this bill, Mr. some measure of transparency, and to who and what the government can search, Speaker, goes back to the fact that the end the practice of dragnet surveil- which means that it still could technically col- PATRIOT Act, a piece of legislation lance in the United States. lect Americans’ information in bulk—just not crafted in haste and in fear after the In addition, I would like to thank the as much as before. The bill does this by leav- tragic events of 9/11, in my opinion, staff who have worked so hard on this ing the door open for the government to pushed the boundaries too far on the bill: Caroline Lynch, Jason Herring, search geographic regions instead of the en- government’s ability to surveil and Bart Forsyth, Lara Flint, Chan Park, tire country as it does now. For example, the gather information on people, includ- Matthew Owen, and Aaron Hiller. government could require phone companies to ing American citizens. I close by thanking in advance my turn over all the records of their customers in The USA FREEDOM Act, which I colleagues who, like many of us, are in- South Carolina or even in a town like Mt. stand today to support, goes a very clined to strongly support H.R. 2048. Pleasant in my district. I don’t think the Found- long way to restoring an appropriate I yield back the balance of my time. ing Fathers’ intent of the Fourth Amendment balance between the imperative of na- Mr. GOODLATTE. Mr. Speaker, I was to have it apply only in cases of nation- tional security and the civil liberties yield myself such time as I may con- wide warrantless searches; rather it should which we hold so dear. This bill makes sume. apply to any search anywhere.

VerDate Sep 11 2014 03:01 May 14, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MY7.047 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2923 Second, the bill doesn’t even address a part ficult to gather the information necessary to The SPEAKER pro tempore. The of the PATRIOT Act called Section 702 that counter terrorism. It is even more alarming question is on the passage of the bill. covers data that crosses our borders. This that this trend will inevitably make our country The question was taken; and the section allows the government to sweep up less safe. Speaker pro tempore announced that the content of an American citizen’s emails, in- Very few Americans will ever learn the full the ayes appeared to have it. stant messages and web browsing history just details of the considerable successes of the Mr. GOODLATTE. Mr. Speaker, on because they happen to be communicating National Security Agency (NSA). But through that I demand the yeas and nays. with someone outside the U.S. In fact, the the dedication and commitment of its men and The yeas and nays were ordered. former NSA director General Keith Alexander women, the NSA has helped to keep our na- The SPEAKER. Pursuant to clause 8 admitted that the NSA specifically searches tion and its citizens safe. I remain confident in of rule XX, further proceedings on this Section 702 data using ‘‘U.S. person identi- their professionalism as they strive to prevent question will be postponed. fiers.’’ This so-called ‘‘back door search loop- future terrorist attacks and support our f warfighters overseas. hole’’ should have been closed in this bill be- MESSAGE FROM THE PRESIDENT cause it violates the Fourth Amendment by I believe the first job of the federal govern- getting around the warrant requirement. The ment is to defend the country and protect our A message in writing from the Presi- notion that Americans’ rights are contingent on citizens within the framework of the Constitu- dent of the United States was commu- the geography of where a call is directed is tion, and I will continue to do all I can to con- nicated to the House by Mr. Pate, one not consistent with the Constitution and high- tribute to that effort. of his secretaries. lights why this particular section needs to be Mr. FARR. Mr. Speaker, tonight I must rise f to voice my concerns with the USA Freedom changed. CONTINUATION OF THE NATIONAL Act. While I recognize the improvements this Third, this bill does not require the govern- EMERGENCY WITH RESPECT TO bill attempts to make with regard to mass sur- ment to destroy information obtained on Amer- YEMEN—MESSAGE FROM THE veillance and information gathering efforts, I icans who are not connected to an investiga- PRESIDENT OF THE UNITED simply cannot vote for this bill. tion. The way this happens is the government STATES (H. DOC. NO. 114–36) stores the information it collected on a par- I was pleased to hear that the Second Cir- ticular phone call, even if one of those individ- cuit Court recently found metadata collection The SPEAKER pro tempore laid be- uals on the call is suspected of no wrong- to be illegal and commend the bi-partisan fore the House the following message doing. The Constitution I believe is rather clear work that resulted in a bill that attempts to ad- from the President of the United in the principle that organizations like the NSA here to the court’s decision. I recognize that States; which was read and, together and the FBI should not be able to store infor- the USA Freedom Act includes positive with the accompanying papers, referred mation that is inadvertently collected on peo- changes such as tighter language dictating to the Committee on Foreign Affairs ple who are not suspected of committing a when the NSA can access a database of call and ordered to be printed: crime, and at a very minimum the FREEDOM records, new allowances that grant technology To the Congress of the United States: Act does not use this opportunity to shine a companies the right to disclose governmental Section 202(d) of the National Emer- light on the problem. inquiries to their users and increases penalties gencies Act (50 U.S.C. 1622(d)) provides Pericles, the Greek general of Athens, once for people caught aiding in terrorist efforts. for the automatic termination of a na- said that ‘‘Freedom is the sure possession of Mr. Speaker, I am concerned that other pro- tional emergency unless, within 90 those alone who have the courage to defend visions in the bill would continue to allow for days prior to the anniversary date of it.’’ Ultimately, I believe this bill is another large swaths of information gathering. Simply its declaration, the President publishes missed opportunity for Congress to address put, I cannot vote for a bill that does not pro- in the Federal Register and transmits to what the judiciary has now ruled to be the un- tect the privacy enshrined in the Fourth the Congress a notice stating that the constitutional and unlawful actions of the Ex- Amendment and guaranteed to all Americans. emergency is to continue in effect be- ecutive branch. It really matters the Second The risk of faulty information collection is not yond the anniversary date. In accord- Circuit federal court in New York issued an a risk I am willing to take with any American’s ance with this provision, I have sent to opinion last week stating that the NSA has privacy. Upholding the U.S. Constitution is the Federal Register for publication the stretched the meaning of the text of the PA- non-negotiable. enclosed notice stating that the na- Mrs. CAPPS. Mr. Speaker, I would like to TRIOT Act so that it no longer represents con- tional emergency declared in Executive submit for the RECORD my strong support of gressional intent and called the NSA’s bulk Order 13611 of May 16, 2012, with respect H.R. 2048, the USA Freedom Act of 2015, data collection illegal. It really matters that this to Yemen is to continue in effect be- which I am proud to cosponsor. bill would codify actions of the NSA that were yond May 16, 2015. This bipartisan bill will go a long way to ruled to be outside the bounds of law. I think The actions and policies of certain reign in the abusive bulk surveillance practices it also matters that the debate that is taking members of the Government of Yemen that have left many Americans concerned for place is as old as civilization as there has al- and others continue to threaten Yem- their privacy protections. ways been a tension between security and Furthermore, this bill will establish additional en’s peace, security, and stability, in- freedom. And it really matters that historically civil liberty protections and increased trans- cluding by obstructing the implemen- those civilizations that have given up freedom parency, accountability, and oversight for over tation of the agreement of November in the interest of security have historically lost our national security practices. 23, 2011, between the Government of both. For all these reasons each one of us As a policymaker, I am proud to support Yemen and those in opposition to it, should care deeply about what happens next legislation that will protect our values of pri- which provided for a peaceful transi- on bulk collections at the NSA—and the way vacy and civil liberties while also providing our tion of power that meets the legitimate this bill comes up short in protecting liberty’s national security officials with the targeted demands and aspirations of the Yemeni foundation, civil liberty. tools that they need to ensure the safety of all people for change, and by obstructing Mr. THORNBERRY. Mr. Speaker, out of ne- Americans. the political process in Yemen. For cessity to reauthorize the expiring intelligence This bill is also a testament to what we can this reason, I have determined that it gathering authorities, I reluctantly vote for H.R. accomplish when we come together to work in is necessary to continue the national 2048. A recent federal appeals court decision a bipartisan way to meet the needs of the emergency declared in Executive Order has increased our need to address these au- American people. 13611 with respect to Yemen. thorities. Unfortunately, their pending expira- I urge my colleagues to support H.R. 2048. BARACK OBAMA. tion is now forcing Congress to act hastily The SPEAKER pro tempore. All time THE WHITE HOUSE, May 13, 2015. rather than take the necessary time to ade- for debate has expired. f quately analyze the court’s decision and up- Pursuant to House Resolution 255, PAIN-CAPABLE UNBORN CHILD date the laws accordingly. the previous question is ordered on the PROTECTION ACT I recognize the distrust created by the bill, as amended. Obama Administration’s abuse of power, as The question is on the engrossment Mr. GOODLATTE. Mr. Speaker, pur- well as the damage caused by recent intel- and third reading of the bill. suant to House Resolution 255, I call up ligence leaks containing fragments, inaccura- The bill was ordered to be engrossed the bill (H.R. 36) to amend title 18, cies, and speculation. It is unfortunate that and read a third time, and was read the United States Code, to protect pain-ca- those actions will continue to make it more dif- third time. pable unborn children, and for other

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Pursu- engaging in vigorous movement in reaction any time prior to the abortion to either— ant to House Resolution 255, the to invasive surgery. ‘‘(I) a government agency legally author- (11) Consequently, there is substantial ized to act on reports of child abuse; or amendment in the nature of a sub- medical evidence that an unborn child is ca- ‘‘(II) a law enforcement agency. stitute printed in part A of House Re- pable of experiencing pain at least by 20 ‘‘(C) REQUIREMENT AS TO MANNER OF PROCE- port 114–111 is adopted, and the bill, as weeks after fertilization, if not earlier. DURE PERFORMED.—Notwithstanding the defi- amended, is considered read. (12) It is the purpose of the Congress to as- nitions of ‘abortion’ and ‘attempt an abor- The text of the bill, as amended, is as sert a compelling governmental interest in tion’ in this section, a physician terminating follows: protecting the lives of unborn children from or attempting to terminate a pregnancy H.R. 36 the stage at which substantial medical evi- under an exception provided by subparagraph dence indicates that they are capable of feel- (B) may do so only in the manner which, in Be it enacted by the Senate and House of Rep- ing pain. reasonable medical judgment, provides the resentatives of the United States of America in (13) The compelling governmental interest best opportunity for the unborn child to sur- Congress assembled, in protecting the lives of unborn children vive. SECTION 1. SHORT TITLE. from the stage at which substantial medical ‘‘(D) REQUIREMENT THAT A PHYSICIAN This Act may be cited as the ‘‘Pain-Capa- evidence indicates that they are capable of TRAINED IN NEONATAL RESUSCITATION BE ble Unborn Child Protection Act’’. feeling pain is intended to be separate from PRESENT.—If, in reasonable medical judg- SEC. 2. LEGISLATIVE FINDINGS AND DECLARA- and independent of the compelling govern- ment, the pain-capable unborn child has the TION OF CONSTITUTIONAL AUTHOR- mental interest in protecting the lives of un- potential to survive outside the womb, the ITY FOR ENACTMENT. born children from the stage of viability, and physician who performs or attempts an abor- Congress finds and declares the following: neither governmental interest is intended to tion under an exception provided by subpara- (1) Pain receptors (nociceptors) are present replace the other. graph (B) shall ensure a second physician throughout the unborn child’s entire body (14) Congress has authority to extend pro- trained in neonatal resuscitation is present and nerves link these receptors to the brain’s tection to pain-capable unborn children and prepared to provide care to the child thalamus and subcortical plate by no later under the Supreme Court’s Commerce Clause consistent with the requirements of subpara- than 20 weeks after fertilization. precedents and under the Constitution’s graph (E). (2) By 8 weeks after fertilization, the un- grants of powers to Congress under the Equal ‘‘(E) CHILDREN BORN ALIVE AFTER AT- born child reacts to touch. After 20 weeks, Protection, Due Process, and Enforcement TEMPTED ABORTIONS.—When a physician per- the unborn child reacts to stimuli that Clauses of the Fourteenth Amendment. forms or attempts an abortion in accordance would be recognized as painful if applied to SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTEC- with this section, and the child is born alive, an adult human, for example, by recoiling. TION. as defined in section 8 of title 1 (commonly (3) In the unborn child, application of such (a) IN GENERAL.—Chapter 74 of title 18, known as the Born-Alive Infants Protection painful stimuli is associated with significant United States Code, is amended by inserting Act of 2002), the following shall apply: increases in stress hormones known as the after section 1531 the following: ‘‘(i) DEGREE OF CARE REQUIRED.—Any stress response. ‘‘SEC. 1532. PAIN-CAPABLE UNBORN CHILD PRO- health care practitioner present at the time (4) Subjection to such painful stimuli is as- TECTION. shall humanely exercise the same degree of sociated with long-term harmful ‘‘(a) UNLAWFUL CONDUCT.—Notwith- professional skill, care, and diligence to pre- neurodevelopmental effects, such as altered standing any other provision of law, it shall serve the life and health of the child as a rea- pain sensitivity and, possibly, emotional, be- be unlawful for any person to perform an sonably diligent and conscientious health havioral, and learning disabilities later in abortion or attempt to do so, unless in con- care practitioner would render to a child life. formity with the requirements set forth in born alive at the same gestational age in the (5) For the purposes of surgery on unborn subsection (b). course of a natural birth. children, fetal anesthesia is routinely admin- ‘‘(b) REQUIREMENTS FOR ABORTIONS.— ‘‘(ii) IMMEDIATE ADMISSION TO A HOSPITAL.— istered and is associated with a decrease in ‘‘(1) ASSESSMENT OF THE AGE OF THE UNBORN Following the care required to be rendered stress hormones compared to their level CHILD.—The physician performing or at- under clause (i), the child born alive shall be when painful stimuli are applied without tempting the abortion shall first make a de- immediately transported and admitted to a such anesthesia. In the United States, sur- termination of the probable post-fertiliza- hospital. gery of this type is being performed by 20 tion age of the unborn child or reasonably ‘‘(iii) MANDATORY REPORTING OF VIOLA- weeks after fertilization and earlier in spe- rely upon such a determination made by an- TIONS.—A health care practitioner or any cialized units affiliated with children’s hos- other physician. In making such a deter- employee of a hospital, a physician’s office, pitals. mination, the physician shall make such in- or an abortion clinic who has knowledge of a (6) The position, asserted by some physi- quiries of the pregnant woman and perform failure to comply with the requirements of cians, that the unborn child is incapable of or cause to be performed such medical ex- this subparagraph must immediately report experiencing pain until a point later in preg- aminations and tests as a reasonably pru- the failure to an appropriate State or Fed- nancy than 20 weeks after fertilization pre- dent physician, knowledgeable about the eral law enforcement agency or both. dominately rests on the assumption that the case and the medical conditions involved, ‘‘(F) DOCUMENTATION REQUIREMENTS.— ability to experience pain depends on the would consider necessary to make an accu- ‘‘(i) DOCUMENTATION PERTAINING TO cerebral cortex and requires nerve connec- rate determination of post-fertilization age. ADULTS.—A physician who performs or at- tions between the thalamus and the cortex. ‘‘(2) PROHIBITION ON PERFORMANCE OF CER- tempts to perform an abortion under an ex- However, recent medical research and anal- TAIN ABORTIONS.— ception provided by subparagraph (B)(ii) ysis, especially since 2007, provides strong ‘‘(A) GENERALLY FOR UNBORN CHILDREN 20 shall, prior to the abortion, place in the pa- evidence for the conclusion that a func- WEEKS OR OLDER.—Except as provided in sub- tient medical file documentation from a hos- tioning cortex is not necessary to experience paragraph (B), the abortion shall not be per- pital licensed by the State or operated under pain. formed or attempted, if the probable post- authority of a Federal agency, a medical (7) Substantial evidence indicates that fertilization age, as determined under para- clinic licensed by the State or operated children born missing the bulk of the cere- graph (1), of the unborn child is 20 weeks or under authority of a Federal agency, from a bral cortex, those with hydranencephaly, greater. personal physician licensed by the State, a nevertheless experience pain. ‘‘(B) EXCEPTIONS.—Subparagraph (A) does counselor licensed by the State, or a victim’s (8) In adult humans and in animals, stimu- not apply if— rights advocate provided by a law enforce- lation or ablation of the cerebral cortex does ‘‘(i) in reasonable medical judgment, the ment agency that the adult woman seeking not alter pain perception, while stimulation abortion is necessary to save the life of a the abortion obtained medical treatment or or ablation of the thalamus does. pregnant woman whose life is endangered by counseling for the rape or an injury related (9) Substantial evidence indicates that a physical disorder, physical illness, or phys- to the rape. structures used for pain processing in early ical injury, including a life-endangering ‘‘(ii) DOCUMENTATION PERTAINING TO MI- development differ from those of adults, physical condition caused by or arising from NORS.—A physician who performs or at- using different neural elements available at the pregnancy itself, but not including psy- tempts to perform an abortion under an ex- specific times during development, such as chological or emotional conditions; ception provided by subparagraph (B)(iii) the subcortical plate, to fulfill the role of ‘‘(ii) the pregnancy is the result of rape shall, prior to the abortion, place in the pa- pain processing. against an adult woman, and at least 48 tient medical file documentation from a gov- (10) The position, asserted by some com- hours prior to the abortion— ernment agency legally authorized to act on mentators, that the unborn child remains in ‘‘(I) she has obtained counseling for the reports of child abuse that the rape or incest a coma-like sleep state that precludes the rape; or was reported prior to the abortion; or, as an unborn child experiencing pain is incon- ‘‘(II) she has obtained medical treatment alternative, documentation from a law en- sistent with the documented reaction of un- for the rape or an injury related to the rape; forcement agency that the rape or incest was born children to painful stimuli and with the or reported prior to the abortion.

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‘‘(G) INFORMED CONSENT.— ments of subparagraph (B)(ii) do not apply if ‘‘(2) CONTENTS OF SUMMARY.—The summary ‘‘(i) CONSENT FORM REQUIRED.—The physi- the rape has been reported at any time prior shall include the number of abortions per- cian who intends to perform or attempt to to the abortion to a law enforcement agency formed or attempted on an unborn child who perform an abortion under the provisions of or Department of Defense victim assistance had a post-fertilization age of 20 weeks or subparagraph (B) may not perform any part personnel. more and specify the following for each abor- of the abortion procedure without first ob- ‘‘(iv) COMPLIANCE WITH CERTAIN STATE tion under subsection (b)(2)(B): taining a signed Informed Consent Author- LAWS.— ‘‘(A) the probable post-fertilization age of ization form in accordance with this sub- ‘‘(I) STATE LAWS REGARDING REPORTING OF the unborn child; paragraph. RAPE AND INCEST.—The physician who per- ‘‘(B) the method used to carry out the ‘‘(ii) CONTENT OF CONSENT FORM.—The In- forms or attempts to perform an abortion abortion; formed Consent Authorization form shall be under an exception provided by subparagraph ‘‘(C) the location where the abortion was presented in person by the physician and (B) shall comply with such applicable State conducted; shall consist of— laws that are in effect as the State’s Attor- ‘‘(D) the exception under subsection ‘‘(I) a statement by the physician indi- ney General may designate, regarding re- (b)(2)(B) under which the abortion was con- cating the probable post-fertilization age of porting requirements in cases of rape or in- ducted; and the pain-capable unborn child; cest. ‘‘(E) any incident of live birth resulting ‘‘(II) a statement that Federal law allows ‘‘(II) STATE LAWS REGARDING PARENTAL IN- from the abortion. abortion after 20 weeks fetal age only if the VOLVEMENT.—The physician who intends to ‘‘(3) EXCLUSIONS FROM DATA SUBMISSIONS.— mother’s life is endangered by a physical dis- perform an abortion on a minor under an ex- A summary required under this subsection order, physical illness, or physical injury, ception provided by subparagraph (B) shall shall not contain any information identi- when the pregnancy was the result of rape, comply with any applicable State laws re- fying the woman whose pregnancy was ter- or an act of incest against a minor; quiring parental involvement in a minor’s minated and shall be submitted consistent ‘‘(III) a statement that the abortion must decision to have an abortion. with the Health Insurance Portability and be performed by the method most likely to ‘‘(c) CRIMINAL PENALTY.—Whoever violates Accountability Act of 1996 (42 U.S.C. 1320d-2 allow the child to be born alive unless this subsection (a) shall be fined under this title note). would cause significant risk to the mother; or imprisoned for not more than 5 years, or ‘‘(4) PUBLIC REPORT.—The Center shall an- ‘‘(IV) a statement that in any case in both. nually issue a public report providing statis- which an abortion procedure results in a ‘‘(d) BAR TO PROSECUTION.—A woman upon tics by State for the previous year compiled child born alive, Federal law requires that whom an abortion in violation of subsection from all of the summaries made to the Cen- child to be given every form of medical as- (a) is performed or attempted may not be ter under this subsection. The Center shall sistance that is provided to children sponta- prosecuted under, or for a conspiracy to vio- take care to ensure that none of the informa- neously born prematurely, including trans- late, subsection (a), or for an offense under tion included in the public reports could rea- portation and admittance to a hospital; section 2, 3, or 4 of this title based on such sonably lead to the identification of any ‘‘(V) a statement that these requirements a violation. pregnant woman upon whom an abortion was are binding upon the physician and all other ‘‘(e) CIVIL REMEDIES.— performed or attempted. The annual report medical personnel who are subject to crimi- ‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN shall be issued by July 1 of the calendar year nal and civil penalties and that a woman on ABORTION IS PERFORMED.—A woman upon following the year in which the abortions whom an abortion has been performed may whom an abortion has been performed or at- were performed or attempted. take civil action if these requirements are tempted in violation of any provision of this ‘‘(g) DEFINITIONS.—In this section the fol- not followed; and section may, in a civil action against any lowing definitions apply: ‘‘(VI) affirmation that each signer has person who committed the violation, obtain ‘‘(1) ABORTION.—The term ‘abortion’ means filled out the informed consent form to the appropriate relief. the use or prescription of any instrument, best of their knowledge and understands the ‘‘(2) CIVIL ACTION BY A PARENT OF A MINOR medicine, drug, or any other substance or de- information contained in the form. ON WHOM AN ABORTION IS PERFORMED.—A par- vice— ‘‘(iii) SIGNATORIES REQUIRED.—The In- ent of a minor upon whom an abortion has ‘‘(A) to intentionally kill the unborn child formed Consent Authorization form shall be been performed or attempted under an excep- of a woman known to be pregnant; or signed in person by the woman seeking the tion provided for in subsection (b)(2)(B), and ‘‘(B) to intentionally terminate the preg- abortion, the physician performing or at- that was performed in violation of any provi- nancy of a woman known to be pregnant, tempting to perform the abortion, and a wit- sion of this section may, in a civil action with an intention other than— ness. against any person who committed the viola- ‘‘(i) after viability to produce a live birth ‘‘(iv) RETENTION OF CONSENT FORM.—The tion obtain appropriate relief, unless the and preserve the life and health of the child physician performing or attempting to per- pregnancy resulted from the plaintiff’s born alive; or form an abortion must retain the signed in- criminal conduct. ‘‘(ii) to remove a dead unborn child. formed consent form in the patient’s medical ‘‘(3) APPROPRIATE RELIEF.—Appropriate re- ‘‘(2) ATTEMPT.—The term ‘attempt’, with file. lief in a civil action under this subsection in- respect to an abortion, means conduct that, ‘‘(H) REQUIREMENT FOR DATA RETENTION.— cludes— under the circumstances as the actor be- Paragraph (j)(2) of section 164.530 of title 45, ‘‘(A) objectively verifiable money damages lieves them to be, constitutes a substantial Code of Federal Regulations, shall apply to for all injuries, psychological and physical, step in a course of conduct planned to cul- documentation required to be placed in a pa- occasioned by the violation; minate in performing an abortion. tient’s medical file pursuant to subparagraph ‘‘(B) statutory damages equal to three ‘‘(3) COUNSELING.—The term ‘counseling’ (F) of subsection (b)(2) and a consent form times the cost of the abortion; and means counseling provided by a counselor li- required to be retained in a patient’s medical ‘‘(C) punitive damages. censed by the State, or a victims rights ad- file pursuant to subparagraph (G) of such ‘‘(4) ATTORNEYS FEES FOR PLAINTIFF.—The vocate provided by a law enforcement agen- subsection in the same manner and to the court shall award a reasonable attorney’s fee cy. same extent as such paragraph applies to as part of the costs to a prevailing plaintiff ‘‘(4) FACILITY.—The term ‘facility’ means documentation required by paragraph (j)(1) in a civil action under this subsection. any medical or counseling group, center or of such section. ‘‘(5) ATTORNEYS FEES FOR DEFENDANT.—If a clinic and includes the entire legal entity, ‘‘(I) ADDITIONAL EXCEPTIONS AND REQUIRE- defendant in a civil action under this sub- including any entity that controls, is con- MENTS.— section prevails and the court finds that the trolled by, or is under common control with ‘‘(i) IN CASES OF RISK OF DEATH OR MAJOR IN- plaintiff’s suit was frivolous, the court shall such facility. JURY TO THE MOTHER.—Subparagraphs (C), award a reasonable attorney’s fee in favor of ‘‘(5) FERTILIZATION.—The term ‘fertiliza- (D), and (G) shall not apply if, in reasonable the defendant against the plaintiff. tion’ means the fusion of human medical judgment, compliance with such ‘‘(6) AWARDS AGAINST WOMAN.—Except spermatozoon with a human ovum. paragraphs would pose a greater risk of— under paragraph (5), in a civil action under ‘‘(6) MEDICAL TREATMENT.—The term ‘med- ‘‘(I) the death of the pregnant woman; or this subsection, no damages, attorney’s fee ical treatment’ means treatment provided at ‘‘(II) the substantial and irreversible phys- or other monetary relief may be assessed a hospital licensed by the State or operated ical impairment of a major bodily function, against the woman upon whom the abortion under authority of a Federal agency, at a not including psychological or emotional was performed or attempted. medical clinic licensed by the State or oper- conditions, of the pregnant woman. ‘‘(f) DATA COLLECTION.— ated under authority of a Federal agency, or ‘‘(ii) EXCLUSION OF CERTAIN FACILITIES.— ‘‘(1) DATA SUBMISSIONS.—Any physician from a personal physician licensed by the Notwithstanding the definitions of the terms who performs or attempts an abortion de- State. ‘medical treatment’ and ‘counseling’ in sub- scribed in subsection (b)(2)(B) shall annually ‘‘(7) MINOR.—The term ‘minor’ means an section (g), the counseling or medical treat- submit a summary of all such abortions to individual who has not attained the age of 18 ment described in subparagraph (B)(ii) may the National Center for Health Statistics years. not be provided by a facility that performs (hereinafter referred to as the ‘Center’) not ‘‘(8) PERFORM.—The term ‘perform’, with abortions (unless that facility is a hospital). later than 60 days after the end of the cal- respect to an abortion, includes inducing an ‘‘(iii) RULE OF CONSTRUCTION IN CASES OF endar year in which the abortion was per- abortion through a medical or chemical REPORTS TO LAW ENFORCEMENT.—The require- formed or attempted. intervention including writing a prescription

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Delivered or not, babies are babies, ‘post-fertilization age’ means the age of the Thirty-five years later, in the age of and they can feel pain at least by 20 unborn child as calculated from the fusion of ultrasound pictures, the same news- weeks. It is time to welcome young a human spermatozoon with a human ovum. paper would report on the latest ad- children who can feel pain into the ‘‘(11) PROBABLE POST-FERTILIZATION AGE OF vanced research on the pain experi- human family, and this bill, at last, THE UNBORN CHILD.—The term ‘probable post- enced by unborn children, focusing on will do just that. fertilization age of the unborn child’ means what, in reasonable medical judgment, will the research of Dr. Sunny Anand, an Finally, I would note that it is rare with reasonable probability be the post-fer- Oxford-trained neonatal pediatrician for the nonpartisan Congressional tilization age of the unborn child at the time who held an appointment at Harvard Budget Office to be so confident that a the abortion is planned to be performed or Medical School. bill would save lives that it makes an induced. As Dr. Anand has testified regarding estimate as to the number of lives that ‘‘(12) REASONABLE MEDICAL JUDGMENT.—The abortions: ‘‘If the fetus is beyond 20 would be saved were the bill to be en- term ‘reasonable medical judgment’ means a weeks of gestation, I would assume acted; but the CBO did just that, con- medical judgment that would be made by a that there will be pain caused to the servatively estimating that this bill, if reasonably prudent physician, knowledge- fetus, and I believe it will be severe and able about the case and the treatment possi- enacted, would save 2,500 lives each bilities with respect to the medical condi- excruciating pain.’’ year. It could save many thousands tions involved. A few years later, the terrifying facts more. ‘‘(13) UNBORN CHILD.—The term ‘unborn uncovered in the grand jury report re- Let that sink in for a moment. This child’ means an individual organism of the garding the prosecution of late-term bill, if enacted, would probably save, at species homo sapiens, beginning at fertiliza- abortionist Kermit Gosnell would con- a minimum, thousands of lives per tion, until the point of being born alive as tain references to a neonatal expert year. It would give America the gift of defined in section 8(b) of title 1. who said the cutting of babies’ spinal thousands more children and, con- ‘‘(14) WOMAN.—The term ‘woman’ means a cords intended to be late-term aborted female human being whether or not she has sequently, thousands more mothers reached the age of majority.’’. would cause them ‘‘a tremendous and thousands more fathers, with all (b) CLERICAL AMENDMENT.—The table of amount of pain.’’ the wondrous human gifts they will sections at the beginning of chapter 74 of Congress has the power and the re- bring to the world in so many amazing title 18, United States Code, is amended by sponsibility to acknowledge these de- forms, including their own children, for adding at the end the following new item: velopments in our understanding of the generations to come. ‘‘1532. Pain-capable unborn child protec- ability of unborn children to feel pain I congratulate Subcommittee on the tion.’’. by prohibiting abortions after 20 weeks Constitution and Civil Justice Chair- (c) CHAPTER HEADING AMENDMENTS.— of pregnancy, postfertilization, the man TRENT FRANKS for introducing (1) CHAPTER HEADING IN CHAPTER.—The point at which scientific evidence this vital legislation, and I urge my chapter heading for chapter 74 of title 18, shows the unborn can experience great United States Code, is amended by striking colleagues to support it. ‘‘Partial-Birth Abortions’’ and inserting suffering. I reserve the balance of my time. The bill before us would do just that. ‘‘Abortions’’ b 1530 (2) TABLE OF CHAPTERS FOR PART I.—The It also includes provisions to protect item relating to chapter 74 in the table of the life of the mother and additional Mr. CONYERS. Madam Speaker, I chapters at the beginning of part I of title 18, exceptions for cases of rape and incest. yield myself such time as I may con- United States Code, is amended by striking Some Members, last Congress and sume. ‘‘Partial-Birth Abortions’’ and inserting today, have called this bill extreme; Madam Speaker and Members of the ‘‘Abortions’’. but such claims are clearly false, as House, this legislation is a dangerous The SPEAKER pro tempore. The gen- evidenced by the polls, which show as- and far-reaching attack on a woman’s tleman from Virginia (Mr. GOODLATTE) tounding support for this bill. constitutional right to choose whether and the gentleman from Michigan (Mr. A Quinnipiac poll found that 62 per- or not to terminate a pregnancy, a CONYERS) each will control 30 minutes. cent of people surveyed supported a right that the Supreme Court guaran- The Chair recognizes the gentleman ban on abortions after 20 weeks or ear- teed 42 years ago in the case of Roe v. from Virginia. lier. A clear majority of men, women, Wade. GENERAL LEAVE Whites, Blacks, Hispanics, married One of the most significant problems Mr. GOODLATTE. Mr. Speaker, I ask people, and single people support a ban with this legislation is that it fails to unanimous consent that all Members on abortion after 20 weeks or earlier. include any exception for a woman’s may have 5 legislative days within Among women, 68 percent of women health. Many serious health conditions which to revise and extend their re- support a ban on abortion at 20 weeks materialize or worsen late in preg- marks and include extraneous mate- or earlier, including 66 percent of sin- nancy, including damage to the heart rials on H.R. 36, currently under con- gle women and 71 percent of married and kidneys, hypertension, and even sideration. women. Even 49 percent of the Demo- some forms of hormone-induced cancer; The SPEAKER pro tempore. Is there crats polled support a ban on abortion yet, by failing to include a health ex- objection to the request of the gen- at 20 weeks or earlier, significantly ception, H.R. 36 would force a woman tleman from Virginia? more than those who opposed it. to wait until her condition was nearly There was no objection. A Washington Post poll similarly terminal before she could obtain an Mr. GOODLATTE. Mr. Speaker, I found 66 percent support for this bill, abortion to address her health condi- yield myself such time as I may con- and a Huffington Post poll found sup- tion. sume. port at 59 percent. In addition, H.R. 36 is unconstitu- Since the Supreme Court’s decision Today, America is one of the few tional based on longstanding Supreme in Roe v. Wade, medical knowledge re- countries on Earth, including North Court precedent. I will explain. Roe v. garding the development of unborn ba- Korea and China, that allows permis- Wade’s basic holding is that a woman bies and their capacities at various sive late-term abortions. These polls has a constitutional right to have an stages of growth has advanced dramati- show the American people want to abortion prior to the fetus’ viability. cally. change that. Viability is generally considered to be To give you a sense of how much Today is the second anniversary of around 24 weeks from fertilization, not technology has advanced, here is the Kermit Gosnell’s conviction for first 20 weeks. By banning previability abor- issue of The New York Times announc- degree murder. Following the Gosnell tions, H.R. 36 is a direct challenge to ing the Roe v. Wade decision in 1973. It trial, we were all reminded that when Roe v. Wade.

VerDate Sep 11 2014 04:18 May 14, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.018 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2927 In addition, Roe made clear that any as 22 weeks into fetal development, ac- woman from Tennessee and the gen- regulation on abortion, even after via- cording to a study that was just re- tleman from Arizona, but the fact is bility, must not pose a substantial risk leased this past week by The New York this bill is patently unconstitutional to the woman’s health; but, as I have Times. What’s more, there is signifi- because this bill is not about viability; already noted, H.R. 36 lacks any excep- cant evidence that, at 20 weeks of de- it is a subterfuge for viability and tion to protect a pregnant woman’s velopment, unborn children have the talks about the issue of pain. Pain is health. It is, therefore, not surprising capacity to feel pain. not the issue; viability is the issue. that the Nation’s leading civil rights Sadly, while we celebrate advances in What the real issue is, politicians are organizations, medical professionals, technology that prove life has value not medical experts, and women should and women’s groups oppose this bill. and worth before leaving the hospital, make these decisions based upon infor- In addition, 15 religious organiza- we also continue to be one of only mation from people they trust. Women tions noted in a letter to Members of seven nations that allow elective, late- should make these decisions based Congress opposing nearly identical leg- term abortions—one of only seven na- upon information from people they islation in the last Congress that ‘‘the tions around this world. trust. decision to end a pregnancy is best left It is difficult to imagine a more im- The information given about this bill to a woman in consultation with her portant measure of society than how it is limited, and the fact is Dr. Anand, family, her doctor, and her faith.’’ treats the most innocent and defense- who was cited by my friend, the chair- Finally, I want to be clear that, con- less population. By condoning the de- man of the committee, is from the Uni- trary to assertions made by the bill’s struction of unborn life that could oth- versity of Tennessee in Memphis, proponents, this legislation still con- erwise live outside the womb, the where I am from. tains a woefully inadequate exception United States tragically fails to meet The fact is Dr. Anand, if he had gone for victims of rape. The so-called rape this most fundamental human rights further, since 2005, has turned down re- exception is still based on a complete standard. quests to testify in regard to this type lack of understanding of the very real Basic decency and human compassion of legislation because he doesn’t think challenges rape survivors face and why demand that something has to change. that his studies have been used prop- a rape may go unreported. Polls consistently show that upwards erly. Abortion is not the focus, and the It is also grounded in the distrust of of 60 percent of Americans support put- politicization of his work has gotten women, assuming that women cannot ting an end to the dangerous and inhu- completely out of hand. be trusted to tell the truth or to make mane practice of late-term abortions. The fact is there are polls that say the best medical decisions for them- To be clear, we have a mandate to act. one thing and polls that say another. That is why I strongly support the selves and their families. The poll that I respect most shows it to Pain-Capable Unborn Child Protection For adult rape survivors, the bill no be about an even one-third split on sup- Act this week, which will provide Fed- longer requires that the rape be re- port, opposition, and indecision. eral protection for an unborn child at ported to law enforcement. However, a This isn’t about polls; this is sup- 20 weeks, with exceptions to saving the woman must still obtain counseling 48 posed to be about the Constitution and life of the mother or in cases of rape hours prior to the abortion, and the upholding Roe v. Wade and medical ex- and incest. perts and not politicians making deci- fact that she has obtained counseling Today’s vote coincides with the 2- sions that are poll-driven and possibly for a rape must be certified and docu- year anniversary of the conviction of favorable to their own constituencies. mented in her medical file. This coun- the evil abortionist, Kermit Gosnell, The exceptions for incest are the seling cannot be obtained in the same who killed babies born alive in his clin- most egregious. If a woman is pregnant facility where the abortion is provided. ic and who is responsible for the death For minor victims of rape or incest, because of incest, under this law, if the of an adult woman. Americans were an exception from the bill’s onerous lady is under 18 years of age, there is rightfully outraged when they were and unconstitutional restrictions only one rule; but, if she is 18 years of age or told of his crimes. applies if the rape has been reported to The truth is that innocent, unborn older, there is another rule. What it says is, if you are 18 or over law enforcement or ‘‘a government children routinely suffer that same and you are pregnant as a result of in- agency legally authorized to act on re- fate as Gosnell’s victims did through cest, then you cannot get an abortion— ports of child abuse,’’ so rape is not ‘‘normal’’ late-term abortions and the you cannot—but, if you are under 18, rape unless the minor has reported it, government does not bat an eye. The you can if you report it to the law en- even if that means putting her own only difference between these casual- forcement authorities. safety at risk. ties and the loss of life that resulted in In the discussion last night at Rules For these reasons, my colleagues, I Gosnell’s murder conviction is the lo- Committee, the vice chair of Rules urge opposition to this dangerous legis- cation. lation, and I reserve the balance of my Madam Speaker, if we cannot appeal Committee errantly compared rape and time. to my pro-abortion lawmakers’ sense of incest. Incest does not necessarily in- Mr. GOODLATTE. Madam Speaker, I compassion when it comes to this volve rape. It involves intercourse be- ask unanimous consent that the gen- issue, then surely we can at least ap- tween parties that are not legally sup- tlewoman from Tennessee (Mrs. BLACK) peal to their senses of logic and fact. posed to have intercourse and issues be permitted to control the remainder Knowing that premature babies are which could result in problems for the of the time as my designee. being saved as early as 22 weeks into child. The SPEAKER pro tempore (Ms. fetal development, there is no legiti- Incest should always be an exception, FOXX). Is there objection to the request mate reason to oppose this bill. In the and the life and health of the mother of the gentleman from Virginia? year 2015, the United States has no should always be an exception, and the There was no objection. business aborting a life that can live health exceptions are limited to phys- Mrs. BLACK. Madam Speaker, I yield outside the womb. Science agrees and ical and not mental and emotional, myself such time as I may consume. so do the majority of Americans. which are the most pressing for Madam Speaker, when I became a The Pain-Capable Unborn Child Pro- women. There is also a 48-hour waiting nurse more than 40 years ago, I took a tection Act will right this wrong. period in this bill. vow to ‘‘devote myself to the welfare of Madam Speaker, I reserve the bal- This bill is unconstitutional and those committed to my care,’’ but our ance of my time. wrong. We should respect medical ex- understanding of the science limited to Mr. CONYERS. Madam Speaker, I am perts and not politicians and women to the extent to which I could fulfill that pleased now to yield 3 minutes to the make decisions with people they trust. promise has evolved. gentleman from Tennessee (Mr. Mrs. BLACK. Madam Speaker, it is During my first years of nursing, if a COHEN). my pleasure to yield 1 minute to the woman came into our hospital in labor Mr. COHEN. Madam Speaker, I thank gentleman from Louisiana (Mr. SCA- at 32 weeks of pregnancy, our odds of the gentleman for the time. LISE), our majority whip. saving her child were slim. However, I appreciate the good feelings and Mr. SCALISE. Madam Speaker, I today, babies are being saved as early earnest arguments made by the gentle- want to thank the gentlewoman from

VerDate Sep 11 2014 04:18 May 14, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.053 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2928 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Tennessee for yielding and for her lead- emption say about our Republican col- tially greater risk and subjecting their ership and for all of the people that leagues’ view of women? It is quite pain-capable unborn babies to torture have worked so hard to bring this im- simple. This bill says they believe and death without anesthesia and with- portant bill to the House floor. women lie. The Republicans seem to out any Federal protection of any kind If you look at what we are doing here think that women are too dishonest to in the land of the free and the home of today, we are standing up for life of our believe when they say they have been the brave. most innocent. We are talking about raped. It is the greatest human rights atroc- babies that are more than 20 weeks in This bill continues a too long tradi- ity in the United States today, and al- the womb. Scientific evidence shows tion of treating women like second most every other civilized nation on that after 20 weeks, these babies can class citizens. Measures introduced at Earth protects pain-capable unborn ba- feel pain, and so this bill prohibits the State and Federal level to restrict bies, at this age particularly. And abortions after 5 months of pregnancy. abortions imply that women lie about every credible poll of Americans shows I am proud to come from Louisiana, rape, that women are misinformed the American people are overwhelm- which has the distinction of being the about their own pregnancies and must ingly in favor of protecting them, yet most pro-life State in the Nation. Our undergo invasive tests and exams, and we have given these little babies less State already bans this procedure, as that women are immoral for ever mak- legal protection from unnecessary cru- do many. ing the choice to terminate a preg- elty than the protection we have given It is not just States we are talking nancy no matter what the cir- farm animals under the Federal Hu- about. Most nations in the world don’t cumstance. That is insulting. It is, mane Slaughter Act. allow this procedure after 20 weeks. frankly, none of our business. Madam Speaker, it just seems that The United States will finally be join- Enough is enough. Doctors, not poli- we are never quite so eloquent as when ing the vast majority of other coun- ticians, should be providing women we decry the crimes of a past genera- tries around the world and the vast guidance, support, and medical advice tion, but we often become so stagger- majority of Americans who understand throughout their pregnancy, and par- ingly blind when it comes to facing and that it is not right to have abortions ticularly when making a deeply per- rejecting the worst of atrocities in our after 20 weeks. sonal decision to terminate a preg- own time. This is an important bill. I think it is nancy. And women, not politicians, Thankfully, Madam Speaker, I be- a very strong message that we are should make that decision for them- lieve the winds of change are now be- going to be sending in defense of life by selves. ginning to blow and that this tide of passing it. I urge my colleagues to sup- We must defeat this unconstitutional blindness and blood is finally turning port it as well. bill and continue to afford women their in America because today—today—we Mr. CONYERS. Madam Speaker, I am constitutional right enjoyed by every are poised to pass the Pain-Capable Un- pleased to yield 3 minutes to the gen- man, without question, to make deci- born Child Protection Act in this tleman from New York (Mr. NADLER), a sions about their health care in the pri- Chamber. And no matter how it is senior member of the House Judiciary vacy of their doctors’ offices. I urge my shouted down or what distortions or Committee. colleagues to vote ‘‘no’’ on this terrible deceptive what-ifs, distractions, diver- bill. sions, gotchas, twisting of the words, b 1545 Mrs. BLACK. Madam Speaker, it is changing of subject, or blatant false- Mr. NADLER. I thank the gentleman my honor now to yield 5 minutes to the hoods the abortion industry hurls at for yielding. gentleman from Arizona (Mr. FRANKS), this bill and its supporters, it remains Madam Speaker, I rise in opposition who is the sponsor of the bill. that this bill is a deeply sincere effort, to H.R. 36. Mr. FRANKS of Arizona. I thank the beginning at the sixth month, at their For more than 40 years, the Supreme gentlewoman for yielding. sixth month of pregnancy, to protect Court has clearly and consistently held Madam Speaker, for the sake of all of both mothers and their pain-capable that women have the constitutional those who founded this Nation and unborn babies from the atrocity of right to terminate a pregnancy prior to dreamed of what America could some- late-term abortion on demand. Ulti- viability or at any time to protect the day be, and for the sake of all of those mately, it is one that all humane life and health of the mother. This bill who died in darkness so Americans Americans can support if they truly is unconstitutional as it violates both could walk in the light of freedom, it is understand it for themselves. of those provisions. so very important that those of us who Madam Speaker, this is a vote all of The bill provides a narrow exemption are privileged to be Members of this us will remember the rest of our lives. to protect women’s lives, allowing phy- Congress pause from time to time and It will be considered in the annals of sicians to terminate pregnancy after 20 remind ourselves of why we are really history and, I believe, in the counsels weeks only if a woman’s life is at im- all here. of eternity, itself. minent risk. This exemption fails to Thomas Jefferson, whose words But it shouldn’t be such a hard vote account for the many severe health marked the beginning of this Nation, because, in spite of all of the political issues that may arise late in pregnancy said: noise, protecting little unborn, pain-ca- and forces physicians to think about The care of human life and its happiness, pable babies is not a Republican issue, legal implications rather than about a and not its destruction, is the chief and only and it is not a Democrat issue. It is a patient’s health. object of good government. test of our basic humanity and who we Perhaps most cruelly, this legislation The phrase of the Fifth Amendment are as a human family. includes only a very narrow exemption capsulizes our entire Constitution. It It is time that we open our eyes and for victims of rape and incest, requir- says no person shall ‘‘be deprived of let our consciences catch up with our ing that any woman seeking an abor- life, liberty, or property, without due technology. It is time for the Members tion after 20 weeks prove that she ei- process of law.’’ of the United States Congress to open ther reported the rape to the authori- And the 14th Amendment says that our eyes and our souls and remember ties or sought counseling services. The no State shall ‘‘deny to any person that protecting those who cannot pro- unfortunate reality is only 35 percent within its jurisdiction the equal pro- tect themselves is why we are all here. of sexual assaults are ever reported, tection of the laws.’’ That is why we are here. and we know that there are many rea- Madam Speaker, protecting the lives Madam Speaker, it is time for all sons for not reporting a rape: the toll of all Americans and their constitu- Americans to open our eyes and our our criminal justice system takes on tional rights, especially those that hearts to the humanity of these little victims, the humiliation and intimida- can’t defend themselves, is why we are pain-capable unborn children of God tion faced by victims of assault, and all here. Yet today, Madam Speaker, a and the inhumanity of what is being even the additional risk to their per- great shadow looms over America. done to them. sonal safety. More than 18,000 very late-term abor- Mr. CONYERS. Madam Speaker, I am So why place this limit on the rape tions are occurring in America every now pleased to yield 1 minute to the exception? What does this narrow ex- year, placing the mothers at exponen- gentlewoman from Washington (Ms.

VerDate Sep 11 2014 04:18 May 14, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.054 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2929 DELBENE), a distinguished member of respect, that sanctity, and that dignity b 1600 the House Judiciary Committee. is everything. Ms. JACKSON LEE. Twin-to-twin Ms. DELBENE. Madam Speaker, I rise A vote for this bill is a vote to pro- transfusion syndrome is a condition in strong opposition to H.R. 36, a na- tect innocent lives and to protect our where the two fetuses unequally share tionwide 20-week abortion ban. dearest values for generations to come. blood circulation. The news was dev- It is truly appalling to me that House We should all be proud to take this astating, but they had to make a deci- leaders keep ignoring the needs of mid- stance today, and I urge my colleagues sion that was guided by the doctor and dle class families while taking up bill to vote for this bill today. their faith. The Campbells were told after bill restricting women’s access to Mr. CONYERS. Madam Speaker, I am that without selective termination, health care—and during National Wom- now pleased to yield 3 minutes to the they risked the loss of both fetuses. en’s Health Week, no less. gentlewoman from Houston, Texas (Ms. They would not have any. At 22 weeks, The legislation we are debating today JACKSON LEE), a distinguished member in consultation with their doctors—and is an unconscionable attack that ig- of the Judiciary Committee. I know their faith—they made the dif- nores medical safety and puts women’s Ms. JACKSON LEE. Madam Speaker, ficult decision to abort one fetus in health at risk. It creates unnecessary I have had more than a momentous order to save the other. Today the life- burdens to care for sexual assault sur- time to be in this body. saving procedure for one of the fetuses I was moved by the conviction of my vivors, who are already facing extraor- would be illegal under the new 20-week friend and colleague and the Speaker, dinarily difficult circumstances, and it ban. injects ideology into the doctor-patient Mr. FRANKS and Mr. BOEHNER, because Madam Speaker, I beg of my col- relationship. It puts politicians, rather I know that they speak from their leagues. I know there will be those who than women, in charge of their medical hearts. will vote, but as I stand here today, I But faith cannot be distributed on care. do not condemn the conviction of my one side of the aisle. My faith, my God Madam Speaker, House leaders need friends. But right now I am welled up is no less than the Republicans’. to stop interfering in what is a deeply I speak for those who cannot be here with tears because I have hugged those personal medical decision. The Amer- today. I speak for mothers who suffer who had nowhere else to go. And no ican people expect better from this in corners, trying to provide for their man can stand and tell a woman what Chamber, and they deserve real solu- children, but love their children and rape is and how it feels and what the tions to the challenges they are facing. gave birth to them. I speak for those results of that is. That is why the Con- This bill fails women and their fami- whom I sat in a room called the Judici- stitution in the Ninth Amendment and lies, and I urge my colleagues to vote ary Committee some years ago and lis- the Supreme Court interpreted Roe v. ‘‘no.’’ tened to the pain of mothers who said: Wade as it did. The SPEAKER pro tempore. The Mrs. BLACK. Madam Speaker, it is I want this child, but my doctor has time of the gentlewoman has again ex- now my delight to yield 1 minute to advised me that my life would not have the gentleman from Ohio (Mr. BOEH- pired. survived to take care of my other chil- Mr. CONYERS. Madam Speaker, I NER), the Speaker of the House. dren had I not had the ability to be Mr. BOEHNER. Madam Speaker, I yield the gentlewoman an additional 1 able to follow my doctor and my faith, minute. rise today to urge the whole House to praying with my husband, my faith support H.R. 36, the Pain-Capable Un- Ms. JACKSON LEE. I thank the gen- leader, my extended family to make tleman. I will come to a close. But I am born Child Protection Act. the decisions that would, in fact, pro- H.R. 36 is the most pro-life legisla- welled with emotion, not for killing, vide for not only future children, but but for saving; not for condemnation, tion to ever come before this body, and for my sanctity and ability to be the it reflects the will of the American but for appreciation; not for judging, woman that I need to be. but for letting people know that I have people. As such, it also reflects the Just outside this Chamber, I met the contributions of many people and constituents who are huddled in places author of the song ‘‘Glory.’’ Many of us right now in Houston, Texas, in fear, many perspectives. heard it in the movie ‘‘Selma.’’ In the I want to take this opportunity to huddled because laws have prevented opening line, it says: ‘‘One day when them from good counseling, counseling thank the gentlewoman from Ten- the glory comes, it will be ours. It will nessee (Mrs. BLACK), the gentleman before such tragedy would happen, laws be ours.’’ that have prevented them from having from Arizona (Mr. FRANKS), the gen- Everybody’s glory is different. But tleman from Pennsylvania (Mr. PITTS), facilities in their area. They fall victim H.R. 36—besides being unconstitu- to shysters because of laws that we and the gentleman from New Jersey tional—speaks against 25,000 women in (Mr. SMITH) for their hard work in pass here. the United States who became preg- I cannot see that anymore, and H.R. bringing this bill to the floor. I also nant as a result of rape. Madam Speak- want to thank the gentlewoman from 36 now makes it a Federal offense and er, 30 percent of rapes involve women offends doctors and people of faith. So Washington (Mrs. MCMORRIS RODGERS), under 18. It speaks against those I close by simply saying that I love our Conference chair, for her leadership women because it requires a woman that song ‘‘Glory.’’ It says: ‘‘One day in helping us shepherd this bill to the rape victim to report her ordeal before when the glory comes, it will be ours. floor. she can terminate a pregnancy, to go It will be ours.’’ I want to take a moment to recognize to a law enforcement officer. But glory has to be tolerance and ac- all of the Americans who spoke out for It challenges their faith and their ceptance of people’s condition. Prayer- this bill. Their voices have been heard. love of God. I am incensed that we fully we must do the right thing in this After all, they have no higher obliga- challenge someone’s faith. I speak for Congress and vote against H.R. 36. tion than to speak out for those who those women who cannot be here Madam Speaker, I rise in strong opposition can’t speak for themselves, to defend today, who love children, who love life, to H.R. 36, the ‘‘Pain Capable Unborn Child the defenseless. That is what this bill who are good mothers. And I take no Protection Act.’’ does. less in the conviction of those who I opposed this irresponsible and reckless We know that by 5 months in the have spoken for my conviction and the legislation the last time it was brought to the womb, unborn babies are capable of conviction of those women. floor under a suspension of the rules and fell feeling pain, and it is morally wrong to Tiffany Campbell, when she was 19 well short of the two thirds majority needed to inflict pain on an innocent human weeks pregnant, Tiffany and her hus- pass. being. Protecting these lives is the band, Chris, learned her pregnancy was I oppose this bill because it is unnecessary, right thing to do. Again, a majority of afflicted with a severe case of twin-to- puts the lives of women at risk, interferes with Americans agree. twin transfusion. women’s constitutionally guaranteed right of Madam Speaker, growing up with 11 The SPEAKER pro tempore. The privacy, and diverts our attention from the real brothers and sisters, I didn’t need my time of the gentlewoman has expired. problems facing American people. parents to tell me that every child is a Mr. CONYERS. Madam Speaker, I A more accurate short title for this bill would gift from God. But let me tell you, they yield the gentlewoman an additional 1 be the ‘‘Violating the Rights of Women Act of did, and they did it often because that minute. 2015.’’

VerDate Sep 11 2014 06:26 May 14, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MY7.056 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2930 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Instead of resuming their annual War on weeks, H.R. 36 violates this clear and long The SPEAKER pro tempore. Is there Women, our colleagues across the aisle standing constitutional rule. objection to the request of the gen- should be working with Democrats to build Madam Speaker, the constitutionally pro- tleman from Michigan? upon the ‘‘Middle-Class Economics’’ cham- tected right to privacy encompasses the right There was no objection. pioned by the Obama Administration that have of women to choose to terminate a pregnancy Mr. COHEN. Madam Speaker, I yield succeeded in ending the economic meltdown before viability, and even later where con- 2 minutes to the gentleman from it inherited in 2009 and revived the economy tinuing to term poses a threat to her health Rhode Island (Mr. CICILLINE). to the point where today we have the highest and safety. Mr. CICILLINE. I thank the gen- rate of growth and lowest rate of unemploy- This right of privacy was hard won and must tleman for yielding. ment since the boom years of the Clinton Ad- be preserved inviolate. Madam Speaker, I rise in strong op- ministration. I strongly oppose H.R. 36 and urge all position to H.R. 36. Instead of consid- Madam Speaker, we could and should in- members to join me in voting against this un- ering legislation that would help to stead be voting to raise the minimum wage to wise measure that put the lives and health of promote our economic recovery, ex- at least $10.10 per hour so that people who women at risk. pand educational opportunities, repair work hard and play by the rules do not have Mrs. BLACK. Madam Speaker, I yield our crumbling infrastructure, or invest to raise their families in poverty. 11⁄2 minutes to the gentlewoman from in science and research, our House col- Instead of voting to abridge the constitu- Missouri (Mrs. WAGNER). leagues on the Republican side con- tional rights of women for the umpteenth time, Mrs. WAGNER. Madam Speaker, I tinue to pursue an extreme social agen- we should bring to the floor for a first vote thank the gentlewoman for yielding da. comprehensive immigration reform legislation and for her leadership on this issue. I stand to strongly oppose H.R. 36, or legislations repairing the harm to the Voting Madam Speaker, I rise today in sup- which would violate Supreme Court Rights Act of 1965 by the Supreme Court’s port of life. Life begins at conception. precedent and impose arbitrary and un- decision in Shelby County v. Holder. We know that after 3 weeks, the baby constitutional restrictions on women’s The one thing we should not be doing is de- has a heartbeat. After 7 weeks, the healthcare decisions. Every woman in bating irresponsible ‘‘messaging bills’’ that baby begins kicking in the womb. Be- America deserves access to affordable, abridge the rights of women and have abso- lieve me, as a mother of three, I know comprehensive health care, including lutely no chance of overriding a presidential it well. By week eight, the baby begins full reproductive health care. H.R. 36 veto. to hear and fingerprints begin to form. would ban abortions after 20 weeks Madam Speaker, H.R. 36 seeks to take the After 10 weeks, the baby is able to turn even though medical professionals have misguided and mean-spirited policy that in his or her head, frown, and get the hic- explained that some deadly and severe 2013 was directed at the District of Columbia cups. By week 11, the baby can grasp conditions cannot be diagnosed earlier. and make it the law of the land. with his or her hands. By week 12, the Madam Speaker, politicians are not In so doing, the bill poses a nationwide baby can suck his or her thumb. By medical experts and should not be threat to the health and wellbeing of American week 15, the baby has an adult’s taste making healthcare decisions for women and a direct challenge to the Supreme buds. By week 18, that baby can flex women in this country. These decisions Court’s ruling in Roe v. Wade. his or her arms. And by week of 20, are properly made by women in con- Madam Speaker, one of the most detestable Madam Speaker, not only can that sultation with their healthcare profes- aspects of this bill is that it would curb access baby recognize the sound of his or her sionals, not by a bunch of politicians in to care for women in the most desperate of own mother’s voice, but that baby can Washington. circumstances. also feel pain. In addition, the bill contains an un- It is these women who receive the 1.5 per- Madam Speaker, it is not only the reasonably narrow exception for cases cent of abortions that occur after 20 weeks. pain of the child that we must be con- in which the woman’s life is in danger Women like Vikki Stella, a diabetic, who dis- cerned with, but it is also the pain of or the pregnancy is the result of rape covered months into her pregnancy that he the mother. or incest: only if the woman has sought fetus she was carrying suffered from several H.R. 36, the Pain-Capable Unborn mental health counseling or reported major anomalies and had no chance of sur- Child Protection Act, provides protec- the incident to law enforcement—even vival. tions for both the woman and the child. though we know that a majority of Because of Vikki’s diabetic, her doctor de- This is not a bill restricting women’s these crimes go undisclosed or unre- termined that induced labor and Caesarian rights. This is a bill that supports and ported. section were both riskier procedures for Vikki protects life. This bill is prowoman. It Madam Speaker, this bill is a dan- than an abortion. encourages discussion, medical treat- gerous distraction from the pressing Because Vikki was able to terminate the ment, and counseling for women who needs facing our country. I urge my pregnancy, she was protected from the imme- have been victimized. This bill is colleagues to oppose this terrible bill diate and serious medical risks to her health prowoman. It empowers women with a and leave healthcare decisions in the and her ability to have children in the future civil right of action if this law is not hands of the people they belong in, the was preserved. followed. women of this country. Madam Speaker, every pregnancy is dif- This bill, Madam Speaker, is Mrs. BLACK. Madam Speaker, I yield ferent. prochild. It ensures that a baby born 1 minute to the gentleman from Ne- No politician knows, or has the right to as- alive will be given lifesaving treat- braska (Mr. FORTENBERRY). sume what is best for a woman and her fam- ment. This bill is a prowoman and Mr. FORTENBERRY. Madam Speak- ily. prochild solution to what our science er, I thank the gentlewoman from Ten- These are decisions that properly must be and our values—our deeply held val- nessee for her leadership on this impor- left to women to make, in consultation with ues—already tell us: that a baby at 22 tant issue. their partners, doctors, their God, weeks can feel pain, and that that baby Madam Speaker, there is a rule in Madam Speaker, I also strongly oppose deserves protection. the House of Representatives that any H.R. 36 because it lacks the necessary excep- Madam Speaker, I am for life at all little child who is a guest of ours can tions to protect the health and life of the moth- stages. I am for the life of the baby and come right down here and be in the er. the life of the mother. I will continue well with us. Now let’s assume for a In Roe v. Wade, the Court held that a state to work for the day when not only is moment that one of those children could prohibit a woman from exercising her abortion illegal but, Madam Speaker, tripped and fell and hurt themselves right to terminate a pregnancy in order to pro- it is unthinkable. and cried out in pain. There is not a tect her health prior to viability. The SPEAKER pro tempore. The Member of this body that wouldn’t While many factors go into determining fetal time of the gentlewoman has expired. rush to their side and comfort them. viability, the consensus of the medical commu- Mr. CONYERS. Madam Speaker, I And that is what this bill does today. It nity is that viability is acknowledged as not oc- ask unanimous consent to yield the rushes to the side of children who are curring prior to 24 weeks gestation. balance of my time to the gentleman feeling the pain of violence of abortion. By prohibiting nearly all abortions beginning from Tennessee (Mr. COHEN), and that Let’s stand with them. Let’s stand at ‘‘the probable post-fertilization age’’ of 20 he may control that time. with women who deserve better than

VerDate Sep 11 2014 04:48 May 14, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.019 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2931 the aggressive tactics of the abortion mark human rights law. It recognizes Or like Deborah Edge who wrote in an op- industry and their profit seeking and the compelling body of medical evi- ed that she ‘‘saw the abortionist puncture the marketing. Let’s rebuild our Nation’s dence that unborn children feel pain soft spot in the baby’s head or snip his neck compassion capacity so that we can un- and seeks to safeguard and protect vul- if it was delivered alive.’’ derstand what is right and just by pro- nerable children from the violence of Some euphemistically call this choice, but, a tecting the little ones who are most abortion. growing number of Americans rightly regard it vulnerable. Let’s do something good for Dr. Anand, a leading expert in the as violence against children. And huge majori- America today. area of fetal pain, has said: ‘‘It is my ties—60% according to November 2014 Mr. COHEN. I yield 1 minute to the opinion that the human fetus possesses Quinnipiac poll—want it stopped! gentlewoman from California (Ms. the ability to experience pain from 20 Fresh impetus for the bill came from a huge LEE). weeks of gestation, if not earlier, and study of nearly 5,000 babies—preemies—pub- Ms. LEE. I thank the gentleman for the pain perceived by a fetus is pos- lished last week in the New England Journal yielding and for his leadership. sibly more intense than that perceived of Medicine. The next day, a New York Times Madam Speaker, of course I rise in by term newborns or older children.’’ article titled: ‘‘Premature Babies May Survive strong opposition to H.R. 36, which is Dr. Malloy testified before the Judi- at 22 Weeks if Treated’’ touted the Journal’s nothing more than another ideological ciary Committee and said: extraordinary findings of survival and hope. attack on women’s reproductive rights. When we speak of infants at 20 weeks we no (Let me note that these 22 week old children This bill would institute a nation- longer have to rely on ultrasound imagery referred to in the Times articles are the same wide ban on abortion after 20 weeks because premature patients are kicking, age as the 20 week children that will be pro- with no exceptions to protect women’s moving, and reacting and developing right tected by this bill. The only difference is the health. It adds unnecessary burdens before our eyes in the neonatal intensive method used to calculate age.) and obstacles to deny medical care to care unit. Just imagine, Madam Speaker, preemies at women in the most desperate of cir- Today, Madam Speaker, surgeons 20 weeks are surviving as technology and cumstances, including in the instance routinely administer anesthesia to un- medical science advance. And some like Alex- of rape, by requiring women to seek born children—society’s littlest pa- is Hutchinson, featured in the New York Times counseling or medical treatment prior tients—to treat diseases and anomalies story is today a healthy 5 year old who origi- to her medical procedure. I remember and to perform benign corrective sur- nally weighed in at a mere 1.1 pounds. the days of back-alley abortions. Many geries. Thus the babies we seek to protect from women died, and more were perma- Today, there are Kermit Gosnells— harm today may survive if treated humanely, nently injured before Roe v. Wade. you remember him, the infamous abor- with expertise and compassion—not the cru- Madam Speaker, with this egregious tionist who was convicted 2 years ago elty of the abortion. bill, Republicans have once again de- today in Philadelphia. They are all That is why, H.R. 36 requires that a late cided to take us back there, to threat- over America inflicting not only vio- abortion permitted under limited circumstances en physicians, for instance, with crimi- lence and death on very young chil- provide the ‘‘best opportunity for the unborn nal prosecution. This bill is unconsti- dren, but excruciating pain as well. child to survive’’ and that ‘‘a second physician tutional; it is dangerous; and it is And, you know, when it comes to pain, trained in neonatal resuscitation’’ be ‘‘present wrong. No woman should have a politi- I don’t know about you, but I feel this and prepared to provide care to a child’’ con- cian interfering in her personal health way, I dread it, we all seek to avoid it, sistent with the Born-Alive Infants Protection decisions. They should always be kept we even fear it, and we go to great and Act of 2002. private, period. And my faith is as deep extraordinary lengths to mitigate its The Pain-Capable Unborn Child Protection as those using their faith, imposing severity and duration. This legislation Act recognizes the medical evidence that un- their faith on women who must make protects an entire age-specific class of born children feel pain. these very difficult personal decisions. kids from preventable pain and death. One leading expert in the field of fetal pain, The SPEAKER pro tempore. The Madam Speaker, this is human rights Dr. Anand, at the University of Tennessee time of the gentlewoman has expired. legislation, and I urge my colleagues to stated in his expert report, commissioned by Mr. COHEN. Madam Speaker, I yield support it. the U.S. Department of Justice: ‘‘It is my opin- the gentlewoman an additional 30 sec- Madam Speaker, two years ago today, ion that the human fetus possesses the ability onds. Pennsylvania abortion doctor Kermit Gosnell to experience pain from 20 weeks of gesta- Ms. LEE. Instead of passing yet an- was convicted of murder, conspiracy to kill tion, if not earlier, and the pain perceived by other bill that attacks women, we and involuntary manslaughter and sentenced a fetus is possibly more intense than that per- should get back to the real work that to life imprisonment. ceived by term newborns or older children.’’ American families desperately need, Even though the news of Gosnell’s child Surgeons today entering the womb to per- like eliminating poverty, instituting slaughter was largely suppressed by the main- form corrective procedures on unborn children real criminal justice reform, and in- stream media, many of my colleagues may re- have seen those babies flinch, jerk, and recoil creasing job opportunities for all. member that Dr. Gosnell operated a large from sharp objects and incisions. For those who say that they support Philadelphia abortion clinic where women died Surgeons routinely administer anesthesia to life, then why not support universal and countless babies were dismembered or unborn children in the womb. We now know preschool, paid family medical leave, chemically destroyed often by having their spi- that the child ought to be treated as a patient, affordable child care, and support those nal cords snipped—all gruesome procedures and there are many anomalies, many sick- life-affirming measures that we are causing excruciating pain to the victim. nesses that can be treated while the child is trying to get passed here? So I urge a Today, the House considers landmark legis- still in utero. When those interventions are ‘‘no’’ vote on this outrageous attack on lation authored by TRENT FRANKS to protect done, anesthesia is given. women. unborn children beginning at the age of 20 Dr. Colleen Malloy, assistant professor, Divi- Mrs. BLACK. Madam Speaker, I yield weeks post fertilization from pain-filled abor- sion of Neonatology at the Northwestern Uni- 2 minutes to the gentleman from New tions. versity, in her testimony before the House Ju- Jersey (Mr. SMITH), the chair of the The Pain Capable Unborn Child Protection diciary Committee said: ‘‘When we speak of Pro-Life Caucus. Act is needed now more than ever because infants at 20 weeks post-fertilization we no Mr. SMITH of New Jersey. Madam there are Gosnells all over America, dis- longer have to rely on inferences or ultrasound Speaker, I thank my friend for yielding membering and decapitating pain-capable ba- imagery, because such premature patients are and for her extraordinary leadership. bies for profit: kicking, moving and reacting and developing Thank you to TRENT FRANKS, Speaker Men like Steven Brigham of New Jersey, an right before our eyes in the neonatal intensive BOEHNER, KEVIN MCCARTHY, CATHY interstate abortion operator—35 aborted ba- care unit.’’ MCMORRIS-RODGERS, and the gentle- bies were found in his freezer. Dr. Malloy went on to say, ‘‘in today’s med- woman presiding in the Chair—so Men like Leroy Carhart, caught on video ical arena, we resuscitate patients at this age many. This has been a team effort, and tape joking about his abortion toolkit—com- and are able to witness their ex-utero growth.’’ it will yield considerable protection plete with a ‘‘pickaxe’’ and ‘‘drill bit’’—while de- She says ‘‘I could never imagine subjecting when it is finally enacted into law. scribing a three day long late term abortion my tiny patients to horrific procedures such as Madam Speaker, the Pain-Capable procedure and the infant victim as ‘‘putting those that involve limb detachment or cardiac Unborn Child Protection Act is land- meat in a crock pot.’’ injection.’’

VerDate Sep 11 2014 04:48 May 14, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 7634 Sfmt 9920 E:\CR\FM\K13MY7.058 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2932 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Other provisions in H.R. 36 include: Moreover, the researchers in the Bartlett health issues like pulmonary hyper- An Informed Consent Form including the study concluded that it may not be possible tension, heart condition, kidney dis- age of the child; a description of the law; an to reduce the risk of death in later-term ease, and cancer. explanation that if the baby is born-alive, he or abortions because of the ‘‘inherently greater What about the life of the mother? technical complexity of later abortions.’’ Women facing desperate medical situa- she will be given medical assistance and This is because later-term abortions require transported to a hospital; and information a greater degree of cervical dilation, with an tions will see their healthcare options about the woman’s right to sue if these protec- increased blood flow in a later-term abortion restricted through this unacceptable tions are not followed. Women deserve this in- which predisposes the woman to hemorrhage, bill. formation. and because the myometrium is relaxed and Furthermore, rape and incest victims The woman is empowered with a Civil Right more subject to perforation. will face additional hurdles when ter- of Action, so she may sue abortion providers The same exact study is relied upon by the minating a pregnancy. Doctors and who fail to comply with the law. Parents are pro-abortion Guttmacher Institute in its healthcare providers will encounter Facts on Induced Abortion in the United threats of fines and even imprisonment also given a civil right of action if the law is States. In fact, Guttmacher emphasizes the not followed with regard to their minor daugh- increased risk by setting it apart in the text: when they are simply trying to provide ter. The risk of death associated with abortion compassionate care to women in need. In the case of a minor who is pregnant as increases with the length of pregnancy, from Madam Speaker, this bill inserts the a result of rape or incest and is having an one death for every one million abortions at government into one of the most per- abortion at 20 weeks or later, the abortion pro- or before eight weeks to one per 29,000 at 16– sonal decisions a woman can make and vider must notify either social services, or law 20 weeks—and one per 11,000 at 21 or more would interfere with the relationship weeks. between women and their doctors. So enforcement to ensure the safety of the child At least two studies have now concluded and stop any ongoing abuse. much for getting government off my that second-trimester abortions (13–24 back. I would like to see the govern- In the case of an adult who is pregnant as weeks) and third-trimester abortions (25–26 a result of a sexual assault and is having an weeks) pose more serious risks to women’s ment out of my bedroom. abortion at 20 weeks or later, the provider physical health than first-trimester abor- Mrs. BLACK. Madam Speaker, I now must ensure that she has received medical tions. Other researchers confirm a substan- yield 30 seconds to the gentleman from treatment or counseling at least 48 hours prior tially increased risk of death from abortions Pennsylvania (Mr. ROTHFUS). to the abortion. performed later in gestation, equaling or sur- b 1615 Compliance with State Laws including pa- passing the risk of death from live birth. Re- searchers have also found that women who Mr. ROTHFUS. Madam Speaker, our rental involvement requirements, and state re- undergo abortions at 13 weeks or beyond re- Declaration of Independence states porting requirements is required. port ‘‘more disturbing dreams, more frequent that everyone is endowed by our cre- The National Center for Health Statistics will reliving of the abortion, and more trouble ator with an unalienable right to life. issue an Annual Statistical Report (without falling asleep.’’ Recognition of God-given rights is part personally identifying information) providing Further, even Planned Parenthood, the of who we are. statistical information about abortions carried largest abortion provider in the United Indeed, who could forget President States, agrees that abortion becomes riskier out after 20 weeks post-fertilization age. Kennedy’s words more than 50 years Finally, pain, we all dread it. We avoid it. later in pregnancy. Planned Parenthood states on its national website, ‘‘The risks [of ago when he said: We even fear it. And we all go to extraordinary surgical abortion] increase the longer you Our rights do not come from the gen- lengths to mitigate its severity and its duration. are pregnant. They also increase if you have erosity of the State but from the hand of Today, there are Kermit Gosnells all over sedation or general anesthesia [which would God. America inflicting not only violence, cruelty, be necessary at or after 20 weeks gestation].’’ This legislation expands protections and death on very young children, but excru- When the Supreme Court decided Roe v. for the right to life. It recognizes that ciating pain as well. This legislation protects Wade in 1973, there was no evidence in the a class of children, unborn babies older record related to medical data showing the an entire age specific class of kids from pre- than 20 weeks who feel the pain of ventable pain—and death. health risks to women from abortion. The ‘‘abortion is safer than childbirth’’ mantra of abortion, should be protected. [From Americans United for Life] 1973 has been refuted by the plethora of peer- We must stand in solidarity with BACKGROUNDER: MATERNAL HEALTH AND reviewed studies published in the last 40 these vulnerable children and affirm: LATE-TERM ABORTION years. Specifically, recent studies dem- we will protect you. ABORTION POSES SIGNIFICANT RISKS TO onstrate that childbirth is safer than abor- I urge my colleagues to support H.R. MATERNAL HEALTH BY 20 WEEKS GESTATION tion especially at later gestations. 36. A well-respected peer-reviewed journal— Moreover, studies reveal that abortion car- Mr. COHEN. Madam Speaker, I yield ries serious long-term risks other than the one which is also frequently cited by abor- 11⁄2 minutes to the gentlewoman from risk of death. These studies reveal signifi- tion advocates—notes that, ‘‘Abortion has a Massachusetts (Ms. CLARK). higher medical risk to women when the pro- cant long-term physical and psychological Ms. CLARK of Massachusetts. risks inherent in abortion—risks that, as cedure is performed later in pregnancy. Com- Madam Speaker, this is an outrage. We pared to abortion at eight weeks of an un- agreed by both pro-life and pro-abortion ad- vocates, increase with advancing gestational are again debating a bill that takes born child’s gestation or earlier, the relative away women’s constitutional rights. risk increases exponentially at higher gesta- age. In sum, it is undisputed that the later in I agree with the gentleman from Ari- tions.’’ (L.A. Bartlett et al., Risk factors for pregnancy an abortion occurs, the riskier it legal induced abortion-related mortality in zona that we are privileged. We are is and the greater the chance for significant the United States, Obstetrics & Gynecology privileged to be Members of Congress complications. 103(4):729–37 (2004)). From the Bartlett study: and represent our districts and our ‘‘The risk of death associated with abor- Mr. COHEN. I yield 1 minute to the country, but we are not medical ex- tion increases with the length of pregnancy, gentlewoman from New York (Ms. perts, and we are not privileged to in- from one death for every one million abor- VELA´ ZQUEZ). sert ourselves into these most personal tions at or before eight weeks gestation to Ms. VELA´ ZQUEZ. Madam Speaker, I decisions that must remain with one per 29,000 abortions at sixteen to twenty thank the gentleman for yielding. women, their doctors, their families, weeks and one per 11,000 abortions at twenty- Madam Speaker, I rise in strong op- one or more weeks.’’ and their faith. As noted in the Bartlett study, gestational position to this legislation, which Clearly absent from this Congress’ age is the strongest risk factor for abortion- amounts to nothing less than an as- agenda is any discussion about per- related mortality. Compared to abortion at sault on women’s fundamental rights. sistent wage inequality hurting women eight weeks gestation, the relative risk of This is about a woman’s ability to and their families. What about paid pa- mortality increases significantly (by 38 per- make her own decisions in consultation rental leave? or making sure families cent for each additional week) at higher ges- with her doctor, not politicians. get access to quality child care? What tations. Not only does this unconstitutional are we doing about feeding hungry chil- In other words, a woman seeking an abor- bill run afoul of longstanding judicial dren? or making sure that every child tion at 20 weeks is 35 times more likely to die from abortion than she was in the first precedent, but it will also jeopardize can access education? How about any- trimester. At 21 weeks or more, she is 91 women’s health by banning abortion thing at all concerning women that times more likely to die from abortion than after 20 weeks even in cases were preg- doesn’t have to do with restricting re- she was in the first trimester. nancy complications arise from serious productive rights?

VerDate Sep 11 2014 06:26 May 14, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.022 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2933 Let’s call this bill what it is. It is an Mrs. BLACK. Madam Speaker, I yield nomic security with Social Security. unconstitutional bill that would force 30 seconds to the gentleman from Ala- We protect our country with our na- survivors of sexual assault and incest bama (Mr. ADERHOLT). tional security. We have a Department to jump through hoops in order to get Mr. ADERHOLT. Madam Speaker, I of Homeland Security to protect all the medical care they need. This bill is want to thank the gentlewoman from people. an insult to women and to their fami- Tennessee for her work on this bill and It seems that the very least we can lies. all of my colleagues who had a hand in do for the most vulnerable, defenseless, As women and families are working it, particularly the gentleman from Ar- and innocent among us is to protect hard to move this country forward, we izona (Mr. FRANKS) for authoring this them with this basic right, to protect are seeing a Republican Congress ob- important legislation. them from the imposition of the excru- sessed with moving us backwards. I think most people would be sur- ciating pain imposed on them by gov- I urge this Congress to get back to prised to learn that the United States ernment sanction no less—abortion. work for them and reject this unconsti- is one of only seven countries in the I urge all my colleagues to vote tutional and insulting bill. world that allows elective abortions to ‘‘yes’’ on this important bill. Mrs. BLACK. Madam Speaker, I yield be performed after 20 weeks. Science Mr. COHEN. Madam Speaker, I yield 1 30 seconds to the gentleman from has shown us that unborn children can 1 ⁄2 minutes to the gentlewoman from Texas (Mr. BABIN). feel pain. Some may argue against this; New York (Mrs. CAROLYN B. MALONEY). Mrs. CAROLYN B. MALONEY of New Mr. BABIN. Madam Speaker, I rise but then why would unborn babies, who York. Madam Speaker, I thank the today in strong support of H.R. 36, the are given lifesaving operations while gentleman for yielding and for his lead- Pain-Capable Unborn Child Protection still in the womb, routinely given anes- Act. ership. thesia? This bill takes an important step to I rise in opposition to H.R. 36. It en- The Founding Fathers strongly be- protect innocent life. Scientific evi- dangers women’s health. It contains a lieved that human beings are created dence shows that unborn babies have woefully inadequate rape exception, is equal and are endowed by their Creator the capacity to experience pain after 20 patently unconstitutional, and it con- with certain unalienable rights, among weeks. Ending these lives through tains no health exception for the moth- which is the right to life. It is the duty abortion is both unconscionable and in- er. humane. of the Members of Congress to protect The entire premise that women must As Members of Congress, it is our those who cannot speak for themselves. provide ‘‘proof of rape’’ is preposterous duty to protect those who are defense- I urge my colleagues to support this and hurtful to women who have al- less. Our bill affirms the humanity of bill. ready faced incredible trauma. Most of the unborn while curbing the inhu- Mr. COHEN. Madam Speaker, I yield us cannot begin to fathom what a manity of abortion. As one of seven 1 minute to the gentleman from Cali- woman has faced in these situations. children, with five children of my own, fornia (Mr. BERA), on the day after The FBI rates rape the second worst and grandfather of 12, I ask my col- Yogi Berra’s 90th birthday—not re- crime, preceded only by murder, in leagues to support this pro-life bill. lated. terms of the destruction and con- Mr. COHEN. Madam Speaker, may I Mr. BERA. Madam Speaker, I am a tinuing harm to the victim. inquire as to how much time we have doctor. I have been a doctor for over 20 This is truly adding insult to injury. remaining? years. When I graduated from medical The majority party expects survivors The SPEAKER pro tempore. The gen- school, I took an oath. That oath con- to be mindful of keeping good medical tleman from Tennessee has 71⁄2 minutes tains that promise of patient auton- paper records and to file paperwork remaining. The gentlewoman from omy, that I am going to sit with my that they, the majority, have decided that the rape victim should file. The Tennessee has 81⁄2 minutes remaining. patients, I am going to answer their Mr. COHEN. Madam Speaker, I yield questions, and I am going to empower reality is that abortions after 20 weeks 1 minute to the gentleman from Michi- them to make the decisions that best are rare and represent just 1.5 percent gan (Mr. KILDEE). fit their lives and their health care. of pregnancies that are terminated. Mr. KILDEE. Madam Speaker, I That is sacred to the oath that I swore In almost all of these cases, the thank my friend for yielding. when I became a doctor. women choosing an abortion are doing Here we are again, at a time when This bill will make it criminal for me so because there is a grave problem this Congress should be focusing on the to do my job as a doctor. It is all about with their pregnancy and their own American people’s top priorities, draw- empowering our patients to make the health that affects their fetus. Some ing our economy, creating good-paying decisions that best fit their lives, an- fetuses are incompatible with life, and jobs, dealing with crumbling infra- swering their questions. It is personal. in some cases, going to full term would structure, dealing with the big chal- I think about this as a father of a destroy a woman’s ability to have fu- lenges that the American people sent daughter. I want my daughter to grow ture children. The SPEAKER pro tempore. The us to do, and we are not doing that; we up in a country where she is in charge time of the gentlewoman has expired. of her own healthcare decisions. When continue yet another attack on wom- Mr. COHEN. I yield an additional 30 en’s health. we think about limited government, seconds to the gentlewoman. Healthcare decisions should be made none of us wants the government to Mrs. CAROLYN B. MALONEY of New between a woman and her doctor, not come into the examining room and get York. Even after four decades of set- politicians in Washington. Let me re- between that doctor-patient relation- tled law, some of my colleagues still peat, healthcare decisions should be ship. refuse to cede women their constitu- made between a woman and her doctor, This is sacred. This is what health tional right and the autonomy and not politicians here in Washington. We care is all about. It is about working human dignity that goes with being al- need to work together on the things we with our patients, answering their lowed to make your own decisions agree on. This keeps coming up over questions, and putting them in charge about your own body and your own and over again. of their own healthcare decisions. health care. American people, American women, This is a bad bill; this is a bill with The party of individual rights and deserve the respect that should be ac- massive government overreach. Vote states’ rights wants to go into medical, corded to them to exercise their right against this bill, and let us do our job personal decisions of women in this of privacy and their constitutionally as doctors. country with their doctors. protected right and not have people Mrs. BLACK. Madam Speaker, I yield I urge my colleagues to reject this here in this Chamber continually at- 30 seconds to the gentleman from awful bill, H.R. 36, and recognize that tack their decisions that should be North Dakota (Mr. CRAMER). women are both capable and prepared made in direct personal private con- Mr. CRAMER. Madam Speaker, the to make decisions about their own bod- sultation with their physician. To do most basic responsibility of a govern- ies and their own medical care. anything other than that, I think, is ment of the people, by the people, and Mrs. BLACK. Madam Speaker, I yield taking this country and this Congress for the people is to protect the people. 30 seconds to the gentleman from Iowa in the wrong direction. We protect our senior citizens’ eco- (Mr. KING).

VerDate Sep 11 2014 04:48 May 14, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.061 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2934 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Mr. KING of Iowa. Madam Speaker, I Mrs. BLACK. Madam Speaker, I yield wasn’t going to! I was going to fight for him. thank the gentlewoman for yielding. 1 minute to the gentlewoman from Mis- I was going to advocate for him! I was going I rise in support of H.R. 36. souri (Mrs. HARTZLER). to be the voice of this tiny, fragile little boy I would point out that we have had Mrs. HARTZLER. Madam Speaker, I who already I was so in love with, and hadn’t an estimate of 58 million abortions in even seen yet and thanks to an anterior pla- rise today in support of the Pain-Capa- centa I hadn’t even felt him kick or move this country since Roe v. Wade. That is ble Unborn Child Protection Act. yet. roughly 14 million by Planned Parent- This bill protects unborn children The second I was able to meet Micah hood alone, and it is about 1 million and ensures that those born alive are changed my life. He was so small. I didn’t abortions a year in this country. given the same level of care as other know what to expect. Would he look ‘‘nor- We ended partial birth abortion for premature infants. mal’’? Could I bond with this baby? Those one reason: because those babies’ lives I would like to introduce you to questions were a mess in my head as I was were ended the moment before they Micah Pickering and his parents. His wheeled into his room two hours after his could scream for their own mercy. mom, Danielle, recalls being told that birth. The sight I saw was a perfectly formed baby. Lots of tubes and monitors all set up Now, with the Pain-Capable Unborn her son, if born early, was not going to Child Protection Act, we are going to to be an artificial womb to this baby born be viable at 20 weeks. She says: too soon. My husband and I stood there just be able to stop that abortion that is We were told that our baby would not cry staring at this beautiful little boy who we coming because we can see in 4–D upon birth. We were told that he would be were told we couldn’t hold as the skin was so ultrasound that these babies are writh- stillborn. We were told that, if by some mir- sensitive it would hurt him. We were told we ing for their own mercy. acle he survived, he had a 95 percent chance could press lightly on the skin so we each These babies need to be brought for- of horrible, life-altering disabilities that put our hand near him. HE reached up, and ward into us so that they can live, would likely include not walking, not talk- held our fingers. This was the strongest learn, laugh, and love so that, one day, ing, not even eating on his own. On the grasp I would ever feel. I never knew how they can stand here and celebrate the morning Micah was born, he defied all odds. strong a baby was until that moment! He had a powerful grip on our hands, and now our life that we gave them. We didn’t know what God’s will for Micah was, but we do now—it is to be a voice for all hearts. Mr. COHEN. Madam Speaker, I yield of those other babies. Micah was about to spend the next 4 myself such time as I may consume. months in the Neonatal Intensive Care Unit. I would like to make note that we I insert into the RECORD Danielle Pickering’s full story and letter. He was going to go through heart surgery, at have the American College of Nurse- 2 weeks old and just over a pound. He was Midwives; the American Congress of ‘‘MIRACLE MICAH’’ going to hang on to life by a thread some Obstetricians and Gynecologists; the (By Danielle Pickering, Mom) days. There were days I couldn’t leave his American Medical Student Associa- My son was not ‘‘viable’’. It was a word we room. I slept on the floor next to his warmer tion; the American Medical Women’s were coming to hate. It all started the day bed many nights, because my heart was so Association; the American Nurses As- my water broke, at 21 weeks. I was treated as grieved for this tiny baby and I couldn’t if I had a Urinary Tract Infection, instead of leave him alone. He was going to go through sociation; the American Psychological every ventilator they had available. He was Association; and many, many others a rupture of membranes. I was sent home with no instructions to do anything outside going to be on Nitric Oxide to help his lungs. against this bill. I would like to hear of my normal routine. I worked 8 hours a day He would get scores of X-Rays and heel on the other side some of the medical in a warehouse, I cooked meals for my hus- pricks. He was going to do something amaz- groups that are supportive of this bill. band and myself, and I went to yard sales ing-all because we were able to say ‘‘Yes, I reserve the balance of my time. like normal, all with my water broken. One Please save our baby’’. Mrs. BLACK. Madam Speaker, I yield week later, at exactly 22 weeks, I started Here was this little baby who was on mor- 1 minute to the gentlewoman from having small contractions and bleeding. My phine for pain. He still had his eyes fused California (Mrs. MIMI WALTERS). husband and I rushed to the Emergency shut. You could see his chest vibrate from Mrs. MIMI WALTERS of California. Room, where they confirmed that my water the ventilators. It was heartbreaking. Here Madam Speaker, I rise today in support was at less than 1 CM, and that I would be was a boy who we would see get to take his first sneeze. His first smile. We would get to of H.R. 36, the Pain-Capable Unborn ambulanced to the University of Iowa Hos- pitals and Clinics for the remainder of my see the hiccups, from the outside. We would Child Protection Act. pregnancy. watch his eyes slowly unfuse. We would This bill will protect women and chil- When I was admitted my heart rate was watch his hair grow in and we would watch dren by establishing Federal legal pro- high, baby’s heart rate was high, and I was his body develop. It was indescribably the tections from unborn babies of 20 running a fever. They determined that since most joyful time of our life. weeks. Substantial evidence has shown baby was not ‘‘viable’’ they would like to in- We knew the Lord had a plan for Micah. that children at 20 weeks, or the fifth duce labor as they feared I had a life threat- Our prayer to God from early on was that month of pregnancy, have the capacity ening infection. We called on everyone we Micah’s life, Micah’s story, and Micah’s ex- to feel pain and, due to modern medi- knew to start praying, and within two hours ample would help others, and could somehow save other babies born too soon. We didn’t cine, are increasingly likely to survive I was now stable. We were then told that it was our decision to induce or to hold out and know what the will for Micah was, but we do a premature birth. see what baby does, but they couldn’t do now. It was to be a voice for all those other Furthermore, this bill protects the anything at that time to stop labor. We de- babies. We didn’t understand at the time health of mothers when they are at cided to wait. We couldn’t induce when we that Micah was right on time, but now we their most vulnerable state. At 20 were sure this baby was not going to make do. Until you are faced with a situation like weeks, a woman is 35 times more likely it. this, you cannot grasp the intensity that will to die from abortion than she would in For the next three days we were told hor- become every decision. You can read every the first trimester. After 21 weeks, that rific statistics that no parent should ever doctor report, you can get advice from every- risk of death for the mother increases have to face. We were told that our baby one. You can be knowledgeable on every part would not cry upon birth. We were told that of prematurity, but that does not change the almost one hundredfold. he will likely be stillborn. We were told that, fact that Micah was just as much full of life It is fitting that this bill comes be- if by some miracle he survived he had a 95% at 22.4 weeks as he now is at almost 3 years fore the House floor on National Wom- chance of horrible life altering disabilities old. Every scary moment has been worth it. en’s Health Week, a weeklong observ- that would likely include not walking, not Every doctor visit, every oxygen tank we ance led by the U.S. Department of talking, not even eating on his own. went through, every middle of the night Health encouraging women to On the morning of 22 weeks and 4 days, phone call from Neonatologists, was worth prioritize their health. Micah was born. He defied all odds and cried it. We now have a very perfect almost 3 year I am pleased to stand in support of two times upon birth. This was music to this old we get to call son, when we were pre- this piece of women’s health legisla- devastated mom’s ears. I didn’t get to see paring for empty arms. Our hearts are full because we chose to give him a chance at tion today. This bill will empower him. He was rushed away by a huge team of Doctors and Nurses dedicated to saving his life. women in their healthcare provisions life, as that was the choice we had made. and protect the lives of the innocent Mrs. HARTZLER. Madam Speaker, You see, we were told that we didn’t have to we must protect unborn children from unborn. choose to intubate him and put him on a cruel suffering, and we must ensure b 1630 ventilator, but we had to do all we could to save this precious life. He had trusted his that any survivors get treated like any Mr. COHEN. Madam Speaker, I re- Mommy from conception to care and nourish other premature baby. I urge my col- serve the balance of my time. him, and though my body was failing him, I leagues to support H.R. 36.

VerDate Sep 11 2014 04:48 May 14, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.062 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2935 Mr. COHEN. Madam Speaker, I yield someone is going to actually resusci- Mrs. BLACK. Madam Speaker, I yield 11⁄2 minutes to the gentleman from tate that baby. That is what we need, 1 minute to the gentlewoman from Florida (Mr. DEUTCH). Madam Speaker. That is why I support Utah (Mrs. LOVE). Mr. DEUTCH. I thank my friend for H.R. 36. Mrs. LOVE. Madam Speaker, I was yielding. Mr. COHEN. Madam Speaker, I re- not planning on speaking today. I Madam Speaker, my Republican col- serve the balance of my time. didn’t put my name on the list to leagues have no interest in preventing Mrs. BLACK. Madam Speaker, I yield speak today. I was actually sitting in abortions after 20 weeks. The motiva- 1 minute to the gentlewoman from Ala- my office, listening to the debate about tion behind H.R. 36 could not be more bama (Mrs. ROBY). this bill, and I started thinking of my transparent. They want to make abor- Mrs. ROBY. I thank the gentlewoman three children. I started thinking tion after 20 weeks illegal and abor- from Tennessee and everyone who has about the decisions that we have to tions before 20 weeks impossible. worked so hard on this bill. make in order to protect them, and I Consider the story of a young woman Madam Speaker, I have sat here for am disappointed that there is even op- named Josephine, who recently moved 25 minutes—or for however long—lis- position to this piece of legislation. to Florida from Texas with her two tening to this debate, and I have been I want you to know that we, as kids after escaping an abusive husband. struck by the opposition to this bill’s adults, have a voice. We are able to While trying to build a stable home constant and consistent argument that speak. We are able to speak in opposi- for her children, she was raped, and she this is about leaving these decisions to tion to things, but we have children became pregnant. She couldn’t afford the mothers and their doctors. who do not have a voice. Those babies an abortion or a trip to her provider What about the baby? Who is stand- whom we know can feel pain do not who was more than 80 miles away, so ing up for that baby who cannot speak have a voice. Josephine attempted to terminate the for himself? That is what we are doing Now, I want everyone who is watch- pregnancy herself by ingesting poison. here today. ing today—because I am not trying to She ended up hospitalized, needing sev- This is such an important measure convince my colleagues—to think of eral blood transfusions. She was still on behalf of those who don’t have a their children, to think of their nieces, pregnant. By the time she gathered voice and who can feel pain. It is a their nephews, their grandchildren— enough resources to cover her proce- shame that such a humane and com- the ones that they love. Would they in- dure and transportation to a provider passionate measure has opposition at flict this kind of pain to keep them nearly 80 miles away, she was 23 weeks all, especially since great care has been from coming into the world? pregnant. If this Republican majority taken to protect women and babies in We have a moral obligation in this were to have its way, Josephine would this bill. If we won’t stop abortions at country to protect life, liberty, and the be denied access to a safe and legal 5 months, when unborn babies feel pursuit of happiness. It is time that we abortion. pain, when will we stop it? There have do our job—life, liberty, and the pur- From regulating providers out of to be limits. Even those of us who want suit of happiness. The SPEAKER pro tempore. The gen- business, to requiring waiting periods, to end abortion altogether in any form tlewoman from Tennessee has 1 minute to mandating counseling and medically support this restriction. Do you know remaining, and the gentleman from unnecessary ultrasounds, this Repub- why? It protects babies. It saves babies. Tennessee has 11⁄2 minutes remaining. lican majority has made securing an It protects women. It assigns a greater Mr. COHEN. I yield myself the bal- abortion—has made exercising a wom- value to human life. ance of my time. an’s constitutional right—a long and Mr. COHEN. Madam Speaker, I re- Madam Speaker, if people, I think, expensive process. Let’s reject this bill serve the balance of my time. listen to this debate, they would see and, instead, work to ensure that all Mrs. BLACK. Madam Speaker, I yield one thing clearly in that there is a dif- women can control their own bodies, 1 minute to the gentleman from Lou- ference on the two sides—a difference their own health, and their own des- isiana (Mr. FLEMING). in perspective and a difference as to tinies. Mr. FLEMING. I thank my good the facts. Mrs. BLACK. Madam Speaker, I yield friend from Tennessee. Some say that, clearly, the fetus 1 minute to the gentleman from Mary- Madam Speaker, I rise today as a feels pain. My data shows that the ma- land (Mr. HARRIS). physician, as a father, and as a grand- jority of medical opinion says that the Mr. HARRIS. Madam Speaker, I rise father in support of H.R. 36, the Pain- fetus does not; and Dr. Anand, whom today in support of H.R. 36. Let’s call Capable Unborn Child Protection Act. they cite—my research shows—has re- this bill what it is—it is a late-term It is no surprise that unborn children tracted his position and doesn’t want abortion ban. That is what it is, and a as young as 20 weeks postfertilization to be involved in this debate, and he is majority of Americans agree, Madam feel, respond to, and recoil from pain. an outlier. Speaker, that late-term abortions These tiny forming human beings The bottom line is there are dif- should be illegal in this country. make faces, yawn, stretch, and suck ferences—differences as to the facts as Whether it is unconstitutional is not their thumbs. I have my own grand- well as to the opinions. What that up for this body to determine. I believe daughter, who is now about 20 months should say to anybody who watches the Supreme Court will rule that this of age. When we viewed her 4–D this debate, Madam Speaker, is this is constitutional because there is a rea- ultrasound, her face compared to today issue shouldn’t be decided by politi- son a majority of Americans believe is almost exactly the same. It is unbe- cians but by medical experts and by that late-term abortions should be ille- lievable how humanlike, how much women with the people they trust— gal—because that baby is developed at like a baby, a baby really is in the medical experts, not politicians—and 20 weeks postfertilization, developed womb because—let’s admit it—it is a by women with the advice of the people enough to perceive pain. That is how child; it is a human life. they trust. developed. It is developed enough to We celebrate when our friends and The truth of this debate came down survive outside the womb. That is how families post these precious ultrasound to a lady from North Carolina who tes- developed. That is why a majority of pictures. In fact, life is always a cele- tified contrary to what she said in Jan- Americans believe that that baby has bration, and it is only right that we uary. In January, she said the bill that rights as well. That is what we are here should be vigilant to ensure that the came before this House was not a good to do today. H.R. 36 preserves the womb remains the most peaceful, pro- bill and that it shouldn’t come to the rights of that baby to survive. tected place for a child to grow and be House. It was withdrawn because incest I practiced OB anesthesia for over 20 nurtured. I urge my colleagues to sup- is incest, and it shouldn’t be seen that years. I was always amazed that, in the port H.R. 36, which will protect chil- people 18 and over couldn’t get an abor- labor and delivery suite, we would de- dren in the fifth month of development tion if they were victims of incest. This liver 21-week postfertilization babies from the excruciating pain and in- bill allows it. She has changed her posi- and that, down the corridor, they tended violent death of an abortion. tion, and at the close of her statement, would abort them. This bill says that, Mr. COHEN. Madam Speaker, I re- she said: I will not rest until abortion if that baby being aborted is born alive, serve the balance of my time. is illegal.

VerDate Sep 11 2014 04:48 May 14, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.064 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2936 CONGRESSIONAL RECORD — HOUSE May 13, 2015 That is what this is about. It is the women will have nowhere to go for abortion of legislation and I urge my colleagues to vote beginning of the end of abortion at 20 services. no on H.R. 36. weeks, at 17 weeks, at 12 weeks, at 1 As you’ll recall, H.R. 36 was introduced on The SPEAKER pro tempore. All time week, at conception. This is an anti- the very first day of the new 114th Congress for debate has expired. abortion bill. It is not about fetal pain. and just two months later, the Republican Ma- Pursuant to House Resolution 255, It is not about 20 weeks. That is what jority rushed this anti–family bill to the House the previous question is ordered on the it is about. American women need to Floor. However, with Members of its own party bill, as amended. wake up. rejecting H.R. 36, the bill was pulled from the The question is on the engrossment Madam Speaker, I yield back the bal- floor the night before it was to be debated on and third reading of the bill. ance of my time. and another anti–choice bill was put in its The bill was ordered to be engrossed Mrs. BLACK. Madam Speaker, during place. It has taken over a month to make a and read a third time, and was read the the course of this debate, we have bad bill even worse? The revised bill also third time. heard more than a few forces adult rape survivors either to report the MOTION TO RECOMMIT mischaracterizations against this leg- crime or to seek medical care at least 48 Ms. BROWNLEY of California. islation. In truth, this is just a modest, hours prior to getting an abortion. In order for Madam Speaker, I have a motion to re- compassionate bill that does not in any a woman to comply with this requirement, not commit at the desk. way change abortion law for the first 5 only does a woman have to see a provider The SPEAKER pro tempore. Is the months of pregnancy. other than the one providing the abortion, but gentlewoman opposed to the bill? she cannot see any provider in the same facil- As a nurse for more than 40 years, I Ms. BROWNLEY of California. I am ity where abortions are performed. know that late-term abortion is not in its current form. health, and it is not caring. It takes an While we recently marked the 42nd anniver- sary of the Roe v. Wade decision allowing The SPEAKER pro tempore. The innocent life we know can feel pain in- Clerk will report the motion to recom- side the womb and a life that is in- women to make their own reproductive choices, this legislation is nothing but a trans- mit. creasingly viable outside the womb. The Clerk read as follows: This is a human rights issue, and we parent attempt to restrict their choices once again. It takes any medical decision that Ms. Brownley of California moves to re- have the responsibility to act. There- commit the bill H.R. 36 to the Committee on fore, I urge a ‘‘yes’’ vote on H.R. 36. should be made by a woman on the advice of her doctor and puts it into the hands of legisla- the Judiciary with instructions to report the I yield back the balance of my time. same to the House forthwith with the fol- Mr. BLUM. Madam Speaker, I rise today in tors. Now, I know there are several House lowing amendment: support of H.R. 36, the Pain-Capable Unborn Members who are also doctors, but I had no Page 6, line 11, insert after ‘‘life’’ the fol- Child Protection Act. idea so many Members—medical or other- lowing: ‘‘or health’’. As a father of five children, I understand the wise—feel empowered to take this decision on Page 6, beginning on line 12, strike precious joy children bring to the world. I firmly to themselves rather than leaving these repro- ‘‘whose’’ and all that follows through ‘‘condi- believe as a Member of Congress, I should ductive decisions to the person doing the re- tions’’ on line 17. Page 11, line 13, insert after ‘‘life’’ the fol- defend the sanctity of life. I believe it is mor- producing: the individual woman. I am particu- larly surprised that so many men feel com- lowing: ‘‘or health’’. ally imperative to protect those who are un- Page 11, beginning on line 14, strike ‘‘by’’ able to protect themselves. fortable making personal bodily medical deci- and all that follows through ‘‘injury’’ on line As a cosponsor of the bipartisan legislation, sions for women. 15. I am confident this is a step in the right direc- Madam Speaker, H.R. 36 is simply out- The SPEAKER pro tempore. Pursu- tion to protecting unborn children at the mo- rageous. This bill is unconstitutional and a bla- ant to the rule, the gentlewoman from ment that they can feel pain. It is important tant attempt to challenge Roe v. Wade at the California is recognized for 5 minutes that Congress continue to pursue legislation expense of the reproductive health of our na- in support of her motion. that protects the right to life. tion’s women. And they claim there is no war b 1645 I believe that most constituents in Iowa on women. How can they say that when they agree with me. According to a recent try to pass bills like this? Ms. BROWNLEY of California. Mrs. CAPPS. Madam Speaker, I rise in Quinnipiac poll, 62% of Americans support a Madam Speaker, this is the final strong opposition to H.R. 36, the so-called ban on abortions after 20 weeks or earlier. Of amendment to H.R. 36, which will not ‘‘Pain-Capable Unborn Child Protection Act’’. kill the bill or send it back to com- women polled, 68% supported this bill’s pro- I am disappointed that yet again, Congress posed ban on abortions. mittee. If adopted, the bill will imme- is debating and voting on this severely flawed diately proceed to final passage, as I will continue to defend the lives of the un- legislation. H.R. 36 ignores the health issues amended. born and I urge my colleagues in the Senate and real life situations that women can face My amendment would ensure that to act on this measure. during pregnancy. Mr. FARR. Madam Speaker, there are This bill is not based on sound science. And nothing in the bill would prevent a countless reasons why my colleagues should it is certainly not based on the real experi- woman from terminating her preg- reject H.R. 36, the misnamed Pain-Capable ences of American women and families. This nancy after 20 weeks if her health were Unborn Child Protection Act. I am unequivo- bill is simply yet another attack on women’s at risk. Only 1.1 percent of abortions cally opposed to the substance of the bill and health. performed in the United States occur the process by which it arrived on the House Women want—and need—to make their after the 20-week mark. These rare pro- Floor today. own personal health care decisions in con- cedures are often the most medically According to the Centers for Disease Con- sultation with their doctor and spiritual advi- difficult and dangerous cases where trol and Prevention (CDC), a little over one sor—not their Member of Congress. It is time women—many of whom want and have percent of abortions that are performed annu- to start trusting our nation’s women and fami- dreamed of being parents—are faced ally are resulting from pregnancies over 21 lies to make their own personal health care with impossible decisions. weeks. There are a variety of reasons why decisions. As it is written, H.R. 36 would force a abortion care may become necessary at this Instead of this political attack on women’s doctor to wait until a condition be- stage of a pregnancy. Some may not know personal decision making, we should be fo- comes life threatening before per- that they are pregnant; some, barred by public cusing on empowering women by expanding forming an abortion. It shows no con- funding bans on abortion, need time to gather education opportunities, ensuring equal pay cern for the long-term health of the the funds for the procedure; and sadly, a large for equal work and increasing access to qual- mother, her future ability to bear chil- majority of these abortions are medically nec- ity child care—these are the things that really dren, or her right to make her own essary due to severe fetal anomalies or risks matter to women and their families. And these medical decisions. to the mother’s health. Doctors must be al- are the things that are going to strengthen It ignores that there are very real lowed to offer their patients the best care pos- working families and our economy. and very serious reasons why a woman sible. Tragically, doctors in violation of this bill, We have many critical issues facing this na- may need an abortion later in preg- were it to become law, could face jail time. tion that Congress should be focused on and nancy. For example, pregnant women The new version of H.R. 36 puts even more this is certainly not one of them. with severe fetal anomalies or women burdens on doctors in an all out effort to pre- Again, I would like to state my strong oppo- whose amniotic sacs rupture pre- vent them from performing the procedure so sition to this misguided and out of touch piece maturely and cannot support the fetus

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.065 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2937 would be forced to give birth. The bill rights of life, liberty, and the pursuit where they started. That is why I am also treats doctors as criminals for pro- of happiness. here, to stand as a fierce protector of viding care that has been the law of the The bill before the House today af- every life. The human rights and dig- land for 42 years, and it puts doctors’ firms what a majority of Americans be- nity of each person should be reflected safety at risk by requiring public dis- lieve, that over halfway through a in every single piece of legislation we closure of doctors who provide abortion pregnancy, an unborn baby deserves bring to the floor. care around the country. the full protection of the law and the This bill asks us to consider whether Both the American Medical Associa- Constitution. we, as a society, will tolerate abortion tion and the American Congress of Ob- As a mother of three and a legislator, at any point of development, even stetricians and Gynecologists under- I have always believed that every life though we know babies can feel pain at stand that there is no appropriate one- has value, every life deserves the op- 20 weeks and survive outside the womb. size-fits-all solution. They oppose bills portunity to reach its full potential. This bill asks us to consider if it is not based on sound science and that We live in an extraordinary time in compassionate to maintain a system interfere with the physician’s ability which we are not bound by the condi- that does nothing to offer emotional or to provide the highest quality of care. tions of our birth. We are not sen- medical support for a woman facing the H.R. 36 does more than endanger the tenced by our circumstance. And we most difficult decision of choosing an health and lives of women. It also robs should not be defined by what limits us abortion 5 months into her pregnancy. rape victims of their constitutionally but empowered by what we can be- These are questions that we must protected right to choose. The bill’s re- come. As lawmakers, it is our responsi- ask, and I am prepared to answer them vised rape exception continues to ques- bility to ensure that our laws reflect by supporting the Pain-Capable Unborn tion rape victims’ honesty by requiring that. Child Protection Act, and I urge my that adult rape victims obtain coun- Medical science continues to evolve colleagues to reject the motion to re- seling or medical treatment 48 hours to create greater potential for life. commit. before obtaining an abortion and pro- Emerging research is challenging what I yield back the balance of my time. hibits both services from being per- we thought to be true of the earliest The SPEAKER pro tempore. Without formed by a woman’s regular OB/GYN. stages of human life. Just last week, objection, the previous question is or- By placing these onerous burdens on The New York Times highlighted a dered on the motion to recommit. women, this bill revictimizes women study that showed a growing number of There was no objection. who have already been traumatized and premature infants surviving after the The SPEAKER pro tempore. The denies women the right to choose their point at which this bill would make question is on the motion to recommit. abortion illegal. own doctor. The question was taken; and the As a society, we need to ask whether Further, many women, especially Speaker pro tempore announced that we want to move forward with a better victims of abuse, do not report rape for the noes appeared to have it. fear of reprisal. The National Institute standard of living or if we want to rely Ms. BROWNLEY of California. of Justice estimates that only 35 per- on the outdated scientific research of Madam Speaker, on that I demand the cent of women report rape. Forcing a the past. I want to legislate for the fu- yeas and nays. survivor to report her sexual assault ture, and the future will be defined by The yeas and nays were ordered. before she can terminate a pregnancy how we use the advancements taking resulting from rape or incest denies her place today to protect and improve The SPEAKER pro tempore. Pursu- basic rights. human life. ant to clause 8 and clause 9 of rule XX, If we are serious about reducing the Those who represent the future are this 15-minute vote on the motion to number of abortions, we should im- already there. There was a recent poll recommit will be followed by 5-minute prove access to birth control and fam- that 57 percent of millennials support votes on passage of H.R. 36, if ordered; ily planning, we should support com- this legislation, and they echo the passage of H.R. 2048; and agreeing to prehensive sexual education, we should voice of America. Sixty percent of the Speaker’s approval of the Journal, do anything but pass this misguided, Americans—Democrats, Republicans, if ordered. misinformed, and ill-conceived legisla- Independents—support the Pain-Capa- The vote was taken by electronic de- tion. ble Unborn Child Protection Act. vice, and there were—yeas 181, nays Instead of bills that harm women, we Abortion is really a symptom of larg- 246, not voting 5, as follows: should work together on bipartisan leg- er challenges that exist in our society, [Roll No. 222] islation to help women and families, and these challenges demand attention YEAS—181 including passing legislation that pro- of lawmakers. Pretending that there is Adams Courtney Grijalva vides equal pay for equal work, access a one-size-fits-all approach to abortion Aguilar Crowley Gutie´rrez to child care, and paid family leave. We ignores the complex circumstances Ashford Cummings Hahn Bass Davis (CA) Hastings should also pass a transportation bill, that surround each woman who is Beatty Davis, Danny Heck (WA) fix our crumbling infrastructure, cre- forced to consider choosing an abor- Becerra DeFazio Higgins ate jobs, and strengthen the economy. tion. Bera DeGette Himes This bill recognizes that at the half- Beyer Delaney Honda Backward bills, not based in science, Bishop (GA) DeLauro Hoyer that fail to respect a woman’s right to way point of a pregnancy, a baby who Blumenauer DelBene Huffman privacy and right to make her own has developed 5 months, those cir- Bonamici DeSaulnier Israel health decisions have no place in local, cumstances are increasingly more Brown (FL) Deutch Jackson Lee Brownley (CA) Dingell Jeffries State, or Federal legislation. unique. Research shows that abortion Bustos Doggett Johnson (GA) I urge my colleagues to vote ‘‘yes’’ becomes riskier to a woman’s health Butterfield Doyle, Michael Johnson, E. B. on the motion to recommit, vote ‘‘yes’’ the later it occurs in pregnancy. Capuano F. Kaptur to protect women’s health, vote ‘‘yes’’ We should not trivialize the decision Ca´ rdenas Duckworth Keating Carney Edwards Kelly (IL) for a woman’s right to choose. to undertake an abortion at 20 weeks Carson (IN) Ellison Kennedy I yield back the balance of my time. by suggesting that it should be made Cartwright Engel Kildee Mrs. MCMORRIS RODGERS. I rise in without additional medical or emo- Castor (FL) Eshoo Kilmer tional support. We should write laws Castro (TX) Esty Kind opposition to the motion to recommit. Chu, Judy Farr Kirkpatrick The SPEAKER pro tempore. The gen- that empower women to make these Cicilline Fattah Kuster tlewoman from Washington is recog- decisions. We should support laws that Clark (MA) Foster Langevin nized for 5 minutes. show compassion for women. We should Clarke (NY) Frankel (FL) Larsen (WA) Clay Fudge Larson (CT) Mrs. MCMORRIS RODGERS. Madam trust individuals to make the best deci- Cleaver Gabbard Lawrence Speaker, we hold these truths to be sions for themselves. We want to em- Clyburn Gallego Lee self-evident, that all men are created power every single person to reach Cohen Garamendi Levin equal, that they are endowed by their their full potential. Connolly Graham Lewis Conyers Grayson Lieu, Ted Creator with certain unalienable This country has made great strides Cooper Green, Al Loebsack rights, and among these rights are the in empowering all people, no matter Costa Green, Gene Lofgren

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.068 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2938 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Lowenthal Pelosi Sires Shimkus Trott Whitfield Long Peterson Smith (MO) Lowey Perlmutter Slaughter Shuster Turner Williams Loudermilk Pittenger Smith (NE) Lujan Grisham Peters Smith (WA) Simpson Upton Wilson (SC) Love Pitts Smith (NJ) (NM) Pingree Speier Smith (MO) Valadao Wittman Lucas Poe (TX) Smith (TX) Luja´ n, Ben Ray Pocan Swalwell (CA) Smith (NE) Wagner Womack Luetkemeyer Poliquin Stefanik (NM) Polis Takai Smith (NJ) Walberg Woodall Lummis Pompeo Stewart Lynch Price (NC) Takano Smith (TX) Walden Yoder MacArthur Posey Stivers Maloney, Quigley Thompson (CA) Stefanik Walker Yoho Marchant Price, Tom Stutzman Stewart Walorski Marino Ratcliffe Thompson (PA) Carolyn Rangel Thompson (MS) Young (AK) Maloney, Sean Rice (NY) Stivers Walters, Mimi Massie Reed Thornberry Titus Young (IA) Matsui Richmond Stutzman Weber (TX) McCarthy Reichert Tiberi Tonko Young (IN) McCollum Roybal-Allard Thompson (PA) Webster (FL) McCaul Renacci Tipton McDermott Ruiz Torres Thornberry Wenstrup Zeldin McClintock Ribble Trott McGovern Ruppersberger Tsongas Tiberi Westerman Zinke McHenry Rice (SC) Turner McNerney Rush Van Hollen Tipton Westmoreland McKinley Rigell Upton Meeks Ryan (OH) Vargas McMorris Roby Valadao Meng Sa´ nchez, Linda Veasey NOT VOTING—5 Rodgers Roe (TN) Wagner Moore T. Vela Barletta Brady (PA) McSally Rogers (AL) Walberg Moulton Sanchez, Loretta Vela´ zquez Boyle, Brendan Capps Meadows Rogers (KY) Walden Murphy (FL) Sarbanes Visclosky F. Hinojosa Meehan Rohrabacher Walker Nadler Schakowsky Walz Messer Rokita Walorski Napolitano Schiff Wasserman b 1721 Mica Rooney (FL) Walters, Mimi Neal Schrader Schultz Miller (FL) Ros-Lehtinen Weber (TX) Nolan Scott (VA) Waters, Maxine Messrs. MCKINLEY and MARINO Miller (MI) Roskam Webster (FL) Norcross Scott, David Watson Coleman changed their vote from ‘‘yea’’ to Moolenaar Ross Wenstrup O’Rourke Serrano Mooney (WV) Rothfus Westerman Welch ‘‘nay.’’ Pallone Sewell (AL) Wilson (FL) Mullin Rouzer Westmoreland Mulvaney Royce Whitfield Pascrell Sherman Yarmuth Ms. KAPTUR, Mr. HASTINGS, and Payne Sinema Ms. MOORE changed their vote from Murphy (PA) Russell Williams Neugebauer Ryan (WI) Wilson (SC) NAYS—246 ‘‘nay’’ to ‘‘yea.’’ Newhouse Salmon Wittman So the motion to recommit was re- Noem Sanford Womack Abraham Foxx Massie jected. Nugent Scalise Woodall Aderholt Franks (AZ) McCarthy Nunes Schweikert Yoder Allen Frelinghuysen McCaul The result of the vote was announced Olson Scott, Austin Yoho Amash Garrett McClintock as above recorded. Palazzo Sensenbrenner Young (AK) Amodei Gibbs McHenry The SPEAKER pro tempore. The Palmer Sessions Young (IA) Babin Gibson McKinley question is on the passage of the bill. Paulsen Shimkus Young (IN) Barr Gohmert McMorris Pearce Shuster Zeldin Barton Goodlatte Rodgers The question was taken; and the Perry Simpson Zinke Benishek Gosar McSally Speaker pro tempore announced that Bilirakis Gowdy Meadows NOES—184 Bishop (MI) Granger the ayes appeared to have it. Meehan Adams Esty Maloney, Sean Bishop (UT) Graves (GA) RECORDED VOTE Messer Aguilar Farr Matsui Black Graves (LA) Mica Mr. CONYERS. Madam Speaker, I de- Ashford Fattah McCollum Blackburn Graves (MO) Miller (FL) Bass Foster McDermott Blum Griffith mand a recorded vote. Miller (MI) Beatty Frankel (FL) McGovern Bost Grothman Moolenaar A recorded vote was ordered. Becerra Frelinghuysen McNerney Boustany Guinta Mooney (WV) The SPEAKER pro tempore. This Bera Fudge Meeks Brady (TX) Guthrie Mullin Beyer Gabbard Meng Brat Hanna will be a 5-minute vote. Mulvaney Bishop (GA) Gallego Moore Bridenstine Hardy The vote was taken by electronic de- Murphy (PA) Blumenauer Garamendi Moulton Brooks (AL) Harper Neugebauer vice, and there were—ayes 242, noes 184, Bonamici Graham Murphy (FL) Brooks (IN) Harris Newhouse answered ‘‘present’’ 1, not voting 5, as Brown (FL) Grayson Nadler Buchanan Hartzler Noem Brownley (CA) Green, Al Napolitano Buck Heck (NV) follows: Nugent Bustos Green, Gene Neal Bucshon Hensarling Nunes [Roll No. 223] Butterfield Grijalva Nolan Burgess Herrera Beutler Olson Capuano Gutie´rrez Norcross Byrne Hice, Jody B. AYES—242 Palazzo Ca´ rdenas Hahn O’Rourke Calvert Hill Abraham Cramer Guthrie Palmer Carney Hanna Pallone Carter (GA) Holding Aderholt Crawford Hardy Paulsen Carson (IN) Hastings Pascrell Carter (TX) Hudson Allen Crenshaw Harper Pearce Cartwright Heck (WA) Payne Chabot Huelskamp Amash Cuellar Harris Perry Castor (FL) Higgins Pelosi Chaffetz Huizenga (MI) Amodei Culberson Hartzler Peterson Castro (TX) Himes Perlmutter Clawson (FL) Hultgren Babin Curbelo (FL) Heck (NV) Pittenger Chu, Judy Honda Peters Coffman Hunter Barr Davis, Rodney Hensarling Pitts Cicilline Hoyer Pingree Cole Hurd (TX) Barton Denham Herrera Beutler Poe (TX) Clark (MA) Huffman Pocan Collins (GA) Hurt (VA) Benishek DeSantis Hill Poliquin Clarke (NY) Israel Polis Collins (NY) Issa Bilirakis DesJarlais Holding Pompeo Clay Jackson Lee Price (NC) Comstock Jenkins (KS) Bishop (MI) Diaz-Balart Hudson Posey Cleaver Jeffries Quigley Conaway Jenkins (WV) Bishop (UT) Donovan Huelskamp Price, Tom Clyburn Johnson (GA) Rangel Cook Johnson (OH) Black Duffy Huizenga (MI) Ratcliffe Cohen Johnson, E. B. Rice (NY) Costello (PA) Johnson, Sam Blackburn Duncan (SC) Hultgren Reed Connolly Kaptur Richmond Cramer Jolly Blum Duncan (TN) Hunter Reichert Conyers Keating Roybal-Allard Crawford Jones Bost Ellmers (NC) Hurd (TX) Renacci Cooper Kelly (IL) Ruiz Crenshaw Jordan Boustany Emmer (MN) Hurt (VA) Ribble Costa Kennedy Ruppersberger Cuellar Joyce Brady (TX) Farenthold Issa Rice (SC) Courtney Kildee Rush Culberson Katko Brat Fincher Jenkins (KS) Rigell Crowley Kilmer Ryan (OH) Curbelo (FL) Kelly (PA) Bridenstine Fitzpatrick Jenkins (WV) Roby Cummings Kind Sa´ nchez, Linda Davis, Rodney King (IA) Brooks (AL) Fleischmann Johnson (OH) Roe (TN) Davis (CA) Kirkpatrick T. Denham King (NY) Brooks (IN) Fleming Johnson, Sam Rogers (AL) Davis, Danny Kuster Sanchez, Loretta Dent Kinzinger (IL) Buchanan Flores Jolly Rogers (KY) DeFazio Larsen (WA) Sarbanes DeSantis Kline Buck Forbes Jones Rohrabacher DeGette Larson (CT) Schakowsky DesJarlais Knight Bucshon Fortenberry Jordan Rokita Delaney Lawrence Schiff Diaz-Balart Labrador Burgess Foxx Joyce Rooney (FL) DeLauro Lee Schrader Dold LaMalfa Byrne Franks (AZ) Katko Ros-Lehtinen DelBene Levin Scott (VA) Donovan Lamborn Calvert Garrett Kelly (PA) Roskam Dent Lewis Scott, David Duffy Lance Carter (GA) Gibbs King (IA) Ross DeSaulnier Lieu, Ted Serrano Duncan (SC) Latta Carter (TX) Gibson King (NY) Rothfus Deutch Loebsack Sewell (AL) Duncan (TN) Lipinski Chabot Gohmert Kinzinger (IL) Rouzer Dingell Lofgren Sherman Ellmers (NC) LoBiondo Chaffetz Goodlatte Kline Royce Doggett Lowenthal Sinema Emmer (MN) Long Clawson (FL) Gosar Knight Russell Dold Lowey Sires Farenthold Loudermilk Coffman Gowdy Labrador Ryan (WI) Doyle, Michael Lujan Grisham Slaughter Fincher Love Cole Granger LaMalfa Salmon F. (NM) Smith (WA) Fitzpatrick Lucas Collins (GA) Graves (GA) Lamborn Sanford Duckworth Luja´ n, Ben Ray Speier Fleischmann Luetkemeyer Collins (NY) Graves (LA) Lance Scalise Edwards (NM) Swalwell (CA) Fleming Lummis Comstock Graves (MO) Langevin Schweikert Ellison Lynch Takai Flores MacArthur Conaway Griffith Latta Scott, Austin Engel Maloney, Takano Forbes Marchant Cook Grothman Lipinski Sensenbrenner Eshoo Carolyn Thompson (CA) Fortenberry Marino Sessions Costello (PA) Guinta LoBiondo

VerDate Sep 11 2014 06:32 May 14, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.026 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2939 Thompson (MS) Veasey Waters, Maxine There was no objection. Mica Roby Stutzman Titus Vela Watson Coleman Miller (FL) Rogers (AL) Swalwell (CA) Tonko Vela´ zquez Welch The SPEAKER pro tempore. The un- Miller (MI) Rogers (KY) Thompson (CA) Torres Visclosky Wilson (FL) finished business is the vote on the pas- Moolenaar Rokita Thompson (MS) Tsongas Walz Yarmuth sage of the bill (H.R. 2048) to reform Mooney (WV) Rooney (FL) Thompson (PA) Van Hollen Wasserman the authorities of the Federal Govern- Moore Ros-Lehtinen Thornberry Vargas Schultz Moulton Roskam Tiberi ment to require the production of cer- Mullin Ross Tipton ANSWERED ‘‘PRESENT’’—1 tain business records, conduct elec- Murphy (FL) Rothfus Titus Hice, Jody B. tronic surveillance, use pen registers Murphy (PA) Rouzer Tonko Nadler Roybal-Allard Torres and trap and trace devices, and use Napolitano Royce Trott NOT VOTING—5 other forms of information gathering Neugebauer Ruiz Tsongas Barletta Brady (PA) for foreign intelligence, counterterror- Newhouse Ruppersberger Turner Boyle, Brendan Capps ism, and criminal purposes, and for Noem Russell Upton F. Hinojosa Nolan Ryan (OH) Valadao other purposes, on which the yeas and Norcross Ryan (WI) Vargas ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE nays were ordered. Nunes Sa´ nchez, Linda Veasey The SPEAKER pro tempore (during The Clerk read the title of the bill. O’Rourke T. Vela Olson Sanchez, Loretta Visclosky the vote). There are 2 minutes remain- The SPEAKER pro tempore. The ing. Palazzo Sarbanes Wagner question is on the passage of the bill. Palmer Scalise Walberg b 1732 This is a 5-minute vote. Pascrell Schiff Walden Paulsen Schrader Walker So the bill was passed. The vote was taken by electronic de- Payne Scott (VA) Walorski The result of the vote was announced vice, and there were—yeas 338, nays 88, Pearce Scott, Austin Walters, Mimi as above recorded. not voting 6, as follows: Pelosi Scott, David Walz A motion to reconsider was laid on Perlmutter Sensenbrenner Wasserman [Roll No. 224] Peters Sessions Schultz the table. YEAS—338 Peterson Sewell (AL) Webster (FL) f Pittenger Sherman Welch Abraham Curbelo (FL) Jeffries Pitts Shimkus Wenstrup MOMENT OF SILENCE IN RECOGNI- Adams Davis (CA) Jenkins (KS) Poliquin Shuster Westerman TION OF NATIONAL POLICE Aderholt Davis, Rodney Jenkins (WV) Pompeo Simpson Westmoreland Aguilar Delaney Johnson (GA) Price (NC) Sinema Whitfield WEEK Allen DeLauro Johnson (OH) Price, Tom Sires Williams (Mr. REICHERT asked and was given Amodei DelBene Johnson, E. B. Quigley Slaughter Wilson (FL) Ashford Denham Johnson, Sam permission to address the House for 1 Ratcliffe Smith (MO) Wilson (SC) Babin Dent Jolly Reed Smith (NE) Wittman minute.) Barr DeSantis Joyce Reichert Smith (NJ) Womack Mr. REICHERT. Madam Speaker, Barton DeSaulnier Kaptur Renacci Smith (TX) Yarmuth this is National Police Week, and Fri- Beatty Deutch Katko Ribble Smith (WA) Young (AK) day is Peace Officers Memorial Day. Becerra Diaz-Balart Keating Rice (NY) Speier Young (IA) Benishek Dingell Kelly (IL) Rice (SC) Stefanik Young (IN) Today I have with me my two good Bera Dold Kelly (PA) Richmond Stewart Zeldin friends who have served in law enforce- Beyer Donovan Kennedy Rigell Stivers Zinke ment. There are some others, I think, Bilirakis Doyle, Michael Kildee Bishop (GA) F. Kilmer NAYS—88 in our body who have had that experi- Bishop (MI) Duckworth Kind Amash Gohmert Neal ence. So I brought some backup today Bishop (UT) Duffy King (NY) Bass Gosar Nugent Black Ellmers (NC) Kinzinger (IL) with me. Blum Graves (GA) Pallone Blackburn Every year we take a moment to rec- Engel Kirkpatrick Blumenauer Graves (LA) Bonamici Perry Eshoo Kline Brat Grayson ognize our law enforcement officers Bost Pingree Esty Knight Brooks (AL) Green, Al across this great Nation, the men and Boustany Pocan Farenthold Kuster Burgess Griffith Brady (TX) Poe (TX) women who wear the uniform, who Fincher LaMalfa Capuano Grijalva Bridenstine Polis wear the badge, who protect our fami- Fleischmann Lamborn Clark (MA) Guinta Brooks (IN) Posey Flores Lance Clarke (NY) Hanna lies and our communities. Brown (FL) Rangel Forbes Langevin Clawson (FL) Harris This year, 273 names will be added to Brownley (CA) Fortenberry Larsen (WA) Cleaver Hastings Roe (TN) Buchanan the memorial wall—273 names. Already Foster Larson (CT) Crowley Herrera Beutler Rohrabacher Buck this year we have lost 44 police officers Foxx Latta Davis, Danny Hice, Jody B. Rush Bucshon Frankel (FL) Lawrence DeFazio Honda Salmon in the line of duty—44 already this Bustos Franks (AZ) Levin DeGette Huelskamp Sanford year. That is one police officer dying in Butterfield Frelinghuysen Lipinski DesJarlais Jones Schakowsky 1 Byrne the line of duty every 3 ⁄2 days—every Fudge LoBiondo Doggett Jordan Schweikert Calvert Gallego Loebsack 31⁄2 days. Duncan (SC) King (IA) Serrano Ca´ rdenas Garamendi Lofgren Duncan (TN) Labrador Takai Madam Speaker, these men and Carney Gibbs Long Edwards Lee Takano women deserve our praise. They de- Carson (IN) Goodlatte Loudermilk Ellison Lewis Van Hollen Carter (GA) Gowdy Love serve our thanks, and they deserve the Emmer (MN) Lieu, Ted ´ Carter (TX) Velazquez recognition that we can give them Graham Lowey Farr Lowenthal Cartwright Waters, Maxine Granger Lucas Fattah Lummis today on the floor of the House. There Castor (FL) Watson Coleman Graves (MO) Luetkemeyer Fitzpatrick Massie are families here who have lost loved Chabot Weber (TX) Green, Gene Lujan Grisham Fleming McClintock Chaffetz Woodall ones. At the service on Friday, the Grothman (NM) Gabbard McGovern Chu, Judy ´ Yoder President will be there to address Guthrie Lujan, Ben Ray Garrett Meadows Cicilline ´ Yoho Gutierrez (NM) Gibson Mulvaney them. Clay Hahn Lynch We rise today, the three of us to- Clyburn Hardy MacArthur NOT VOTING—6 Coffman Harper Maloney, gether, to ask for a moment of silence Barletta Brady (PA) Hinojosa Cohen Hartzler Carolyn to honor those who have lost their Boyle, Brendan Capps Cole Heck (NV) Maloney, Sean F. Castro (TX) lives in the line of duty. Collins (GA) Heck (WA) Marchant The SPEAKER pro tempore. Mem- Collins (NY) Hensarling Marino ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Comstock Higgins Matsui bers will rise, and the House will ob- The SPEAKER pro tempore (Mr. serve a moment of silence. Conaway Hill McCarthy Connolly Himes McCaul YOUNG of Iowa) (during the vote). f Conyers Holding McCollum There are 2 minutes remaining. Cook Hoyer McDermott UNITING AND STRENGTHENING Cooper Hudson McHenry AMERICA BY FULFILLING Costa Huffman McKinley b 1746 RIGHTS AND ENSURING EFFEC- Costello (PA) Huizenga (MI) McMorris Courtney Hultgren Rodgers So the bill was passed. TIVE DISCIPLINE OVER MONI- Cramer Hunter McNerney The result of the vote was announced TORING ACT OF 2015 Crawford Hurd (TX) McSally as above recorded. The SPEAKER pro tempore. Without Crenshaw Hurt (VA) Meehan A motion to reconsider was laid on Cuellar Israel Meeks objection, 5-minute voting will con- Culberson Issa Meng the table. tinue. Cummings Jackson Lee Messer Stated for:

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.027 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2940 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Mr. CASTRO of Texas. Mr. Speaker, my sonnel strengths for such fiscal year, thing in 11 of those 15 so that we can be vote was not recorded on rollcall No. 224 on and for other purposes, with Mr. in better shape to continue to recruit H.R. 2048—USA Freedom Act of 2015. I was GRAVES of Louisiana in the chair. and retain the top quality people that present for the vote but not recorded due to a The Clerk read the title of the bill. our Nation needs for decades to come. mechanical problem with my voting card. I in- The CHAIR. Pursuant to the rule, the Now, some people say, Well, there is tended to vote ‘‘aye.’’ bill is considered read the first time. too much reform here. Some people PERSONAL EXPLANATION The gentleman from Texas (Mr. say, Well, there is not enough reform Mrs. CAPPS. Mr. Speaker, I was not able to THORNBERRY) and the gentleman from here. There isn’t enough if enough be present for the following rollcall votes on Washington (Mr. SMITH) each will con- means you solve all the problems. But May 13, 2015 and would like the record to re- trol 30 minutes. there is a start at significant reform flect that I would have voted as follows: The Chair recognizes the gentleman that helps make sure we get better Rollcall No. 221: No. from Texas. value for the money we spend and also Mr. THORNBERRY. Mr. Chairman, I Rollcall No. 222: Yes. that the Department is more agile in yield myself 4 minutes. Rollcall No. 223: No. meeting the national security chal- Mr. Chairman, I am proud to bring to Rollcall No. 224: Yes. lenges we face. the floor H.R. 1735, the National De- Mr. Chairman, this morning in read- f fense Authorization Act for Fiscal Year ing the papers, I made some notes THE JOURNAL 2016. This measure was reported by the about the headlines just in one news- Armed Services Committee by a vote The SPEAKER pro tempore. The un- paper today, May 13, 2015. Some of of 60 members voting for and two mem- finished business is the question on those headlines are ‘‘Kerry Meets bers voting against. Of the two mem- agreeing to the Speaker’s approval of Putin,’’ ‘‘U.S. Weighs Plan to Confront bers, there was one from each party. the Journal, which the Chair will put China in the South China Sea,’’ and This bill follows the bipartisan tradi- de novo. ‘‘Fresh Earthquake Rattles Nepal.’’ tion of the committee working collabo- The question is on the Speaker’s ap- By the way, Mr. Chairman, I know ratively with an integrated staff to proval of the Journal. that the Marines and their families support the men and women who serve Pursuant to clause 1, rule I, the Jour- who were involved in the helicopter, and protect our Nation. nal stands approved. which has not yet been found to my un- All members of the committee have derstanding, are certainly in our f contributed to this product, and I am thoughts and prayers. Our military is PERMISSION TO EXTEND DEBATE very grateful for all of their efforts called upon to do humanitarian efforts. TIME ON H.R. 1191, PROTECTING throughout the year. I am especially The CHAIR. The time of the gen- VOLUNTEER FIREFIGHTERS AND grateful to the efforts of the ranking tleman from Texas has expired. EMERGENCY RESPONDERS ACT member, Mr. SMITH, not only for his Mr. THORNBERRY. Mr. Chairman, I contributions and for his partnership yield myself an additional 1 minute. Mr. ROYCE. Mr. Speaker, I ask unan- in the committee but doing so at a ‘‘Somali Men Plead Guilty in Terror imous consent that debate under clause time where he has been dealing with Plot,’’ ‘‘North Korea Executes Defense 1(c) of rule XV on a motion to suspend surgeries and a variety of things. But Chief,’’ and ‘‘Assad Still Has Chemical the rules relating to H.R. 1191 be ex- it has been a true pleasure and con- Arms.’’ The list goes on and on. This is tended to 1 hour. tinues to be to work with him for the the world that we face. This is the The SPEAKER pro tempore. Is there benefit of our Nation. world we send our men and women out objection to the request of the gen- Mr. Chairman, this bill authorizes into to protect us and to defend our tleman from California? spending for the Department of Defense Nation. They deserve the best from us. There was no objection. at a level that is consistent with the They deserve something other than po- f congressional budget resolution and a litical games. They should not be used level that is consistent with the Presi- NATIONAL DEFENSE AUTHORIZA- as pawns to make a point. dent’s budget request. So there have We should give them our best by TION ACT FOR FISCAL YEAR 2016 been differences, and there will con- doing our job under the Constitution, GENERAL LEAVE tinue to be some differences about how just as they give us their best in de- Mr. THORNBERRY. Mr. Speaker, I some of that spending gets categorized, fending this country. Therefore, Mr. ask unanimous consent that all Mem- but when you add it all up together, Chairman, I think this bill, H.R. 1735, bers may have 5 legislative days in this authorization measure meets ex- deserves the support of all Members in which to revise and extend their re- actly what the President has asked for, this House, and I hope they will do so. marks and include extraneous mate- which is essentially $611.9 billion for Mr. Chairman, I reserve the balance rials on H.R. 1735. national defense. of my time. The SPEAKER pro tempore. Is there Included is a program-by-program Mr. SMITH of Washington. Mr. objection to the request of the gen- authorization for all of that spending; Chairman, I yield myself 5 minutes. tleman from Texas? whether it is in the overseas contin- Mr. Chairman, I want to congratu- There was no objection. gency account or the base budget, it is late the chairman—this is his first year The SPEAKER pro tempore. Pursu- all authorized program by program. as chairman—on his hard work on this ant to House Resolution 255 and rule This bill also contains some signifi- bill, and there are a lot of very good XVIII, the Chair declares the House in cant reforms, including acquisition re- things in this bill. I think most promi- the Committee of the Whole House on form, to improve the way the Depart- nently is the reform the chairman the state of the Union for the consider- ment purchases goods and services. We mentioned, the compensation reform. ation of the bill, H.R. 1735. have been working with the Pentagon We formed a commission to study how The Chair appoints the gentleman and with industry to thin out regula- we do personnel compensation and the from Louisiana (Mr. GRAVES) to preside tions, simplify the process, and make it retirement system. In a very rare over the Committee of the Whole. easier to hold industry and government move, we actually followed some of the personnel accountable for the results. advice of that commission in this bill b 1750 This bill has overhead reform to re- and made, I think, some very positive IN THE COMMITTEE OF THE WHOLE duce the amount of money that we are reforms to the personnel compensation Accordingly, the House resolved spending on overhead and bureaucracy system. There are a variety of other re- itself into the Committee of the Whole so that more resources can be devoted forms the chairman has worked on that House on the state of the Union for the to the men and women on the front are important. There is also a whole consideration of the bill (H.R. 1735) to lines. slew of provisions in there that do, in authorize appropriations for fiscal year This measure has reform in the area fact, do an excellent job of providing 2016 for military activities of the De- of personnel pay and benefits. Of the 15 for the men and women who defend our partment of Defense and for military recommendations by the personnel country. So there are a lot of very posi- construction, to prescribe military per- commission, this measure does some- tive things about this bill.

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.029 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2941 I appreciate the hard work of every- and bridges and schools and housing, it I support this level, but not this way. one involved. affects all of us, and those budget caps It has too devastating an impact on the Unfortunately, for the first time in 19 remain in place. rest of our budget, and as Secretary of years, I am going to be opposing the What this Defense bill does, unfortu- Defense Ash Carter said, OCO funding NDAA on the floor for two reasons, but nately, is it locks in the Republican is no way to fund the Defense Depart- one is really the big one, and it is un- budget. It locks in the deal they made ment if it is not legitimately for OCO derstanding how our budget has with the Senate to continue to provide expenses. worked. devastating cuts at the Budget Control Mr. Chairman, I reserve the balance We have not had a normal budget ap- Act level for everything else and then of my time. propriations process since 2011, and let Defense and only Defense out of jail Mr. THORNBERRY. Mr. Chairman, I this has affected every single govern- in an awkward sort of backdoor way yield myself 30 seconds. ment agency—and keep that fact in through the overseas contingency oper- Mr. Chairman, I have enormous re- mind—not just the Department of De- ations. spect for the distinguished ranking fense. I will talk about the Department To agree to this bill is to agree to member. I think, however, it is a very of Defense at length. But the lack of a cuts in those 11 other bills—to cuts in hard argument to make that we are normal appropriations budget process transportation, to cuts in research, to going to oppose the bill that takes care has impacted every single Federal cuts at NIH and CDC, in all of these of our men and women in the military agency: transportation, infrastructure, programs that we care about. If we ac- because we want to try to pressure education, housing, on down the line. cept this, then those cuts are locked Congress and the President to reach an Ever since 2011, Mr. Chairman, they into place. agreement on spending on other stuff. have faced one government shutdown Don’t get me wrong. I support spend- How could that possibly happen in and a succession of threatened govern- ing $38 billion more on the Defense this bill? It can’t. That requires other ment shutdowns and continuing resolu- budget; I support the President’s level; legislation. I think that is a poor rea- tions. This has made it absolutely im- I support this level, but I also support son to oppose this bill. possible to plan long term and also has lifting the budget caps for all of the Mr. Chairman, I yield 2 minutes to cut a pretty dramatic amount of other areas of our government that are the gentleman from Virginia (Mr. money out of all of these agencies. It facing the same sort of devastating WITTMAN), my friend and colleague, the has been particularly hard on the De- cuts and difficulties that the Defense chairman of the Subcommittee on partment of Defense, which tries to do Department has. If we agree with this, Readiness. a 5-year plan when they are figuring we lock in the budget. Mr. WITTMAN. Mr. Chairman, I want Lastly, I want to point out that the out what they can procure. This sort of to commend Chairman THORNBERRY halt, stop, we are going to fund you, we President has said he does not support and the members of the Armed Serv- are not going to fund you, we are going this process. He opposes all the appro- ices Committee on a very strong mark. to shut down the government, CR, has priations bills, and he will oppose this I want to especially thank my distin- Defense bill. The President hasn’t gone had a devastating impact on the ability guished ranking member, MADELEINE away. There is not a sustainable veto to fund government. BORDALLO, for working with me to ad- The budget resolution passed by the override number for those appropria- dress some of our most critical readi- House and the Senate this year does tions bills in the House and the Senate. ness challenges. The CHAIR. The time of the gen- not fix that because it relies on the The FY16 National Defense Author- overseas contingency operation fund, tleman has expired. Mr. SMITH of Washington. I yield ization Act makes notable strides in which is limiting. It is 1 year of money. restoring full spectrum readiness in It, again, does not allow the Depart- myself an additional 2 minutes. helping move us away from what the ment of Defense to be planned. I want Everything that we are doing on this Chairman of the Joint Chiefs of Staff, everyone to know the Secretary of De- bill and in the appropriations bills be- General Dempsey, referred to as the fense Ash Carter, in the Senate, testi- tween now and October is—and I know ‘‘ragged edge’’ of being able to execute fied on why OCO, funding $38 billion of the Republican plan is to hope the the current Defense strategy. the Defense bill through OCO, is unac- President just sort of changes his mind Specifically, this year’s NDAA pro- ceptable, and he doesn’t support it and and signs all those bills; I consider that hibits the Department from pursuing doesn’t support this bill. highly unlikely—so what is going to an additional BRAC round or any other But the reason we oppose this—and happen is we are going to get to Octo- effort aimed at locking in unwise force this is very important to understand— ber, and this is all going to blow up structure reductions during a time of to fix the problem, to get us to the anyway because the President is not accelerated transition and uncertainty, point where we can fund Defense and going to sign it. but does task the Department to con- everything else in a reasonable way, we He is still there. I know the Repub- duct an assessment of where we may be need to get rid of the budget caps from licans won the Senate, but the Presi- overcapitalized in facilities so Congress the Budget Control Act. That is the dent didn’t go anywhere, and the Con- can make informed decisions going for- only way. And we do not do that here. stitution didn’t change, and nothing ward. We take money out of the overseas becomes law unless he signs it. What I urge is that the President, the We must be strategic about our long- contingency operation fund to give De- House, and the Senate—all three—sit term decisions, such as how we treat fense 38 billion additional dollars. down and come up with a budget solu- our headquarters and civilian per- But, in one sense, Mr. THORNBERRY is wrong when he says that in all senses tion that ends the budget caps for all of sonnel. We need to keep those things in what we do here matches what the these bills so we can start working on mind. They do important work for this President did. Within the Defense something that is real. I mean, this $38 Nation, and on their behalf, we owe it budget, the number is the same. But billion is great, but like I said, between to them to take the time to look at the President’s budget also lifted the here and when it heads up Pennsyl- how provisions in this bill could nega- budget caps for the 11 other appropria- vania Avenue, it is going away, and tively affect their efforts. tions bills. then we are going to have to double This year’s NDAA also restores many I know we serve on the Armed Serv- back and try to fix this anyway. critical shortfalls across the force. For ices Committee, and I have heard mem- I guess all I am saying is we should example, for the Navy, the bill fully bers of the Armed Services Committee start now instead of risking another funds the operation and maintenance say, ‘‘Don’t talk to me about that government shutdown, risking another accounts for an 11th carrier and the stuff. I serve on the Armed Services continuing resolution, and get a true 10th air wing, aircraft maintenance Committee. That is not my depart- budget agreement that actually ad- reset, and ship operations. ment.’’ dresses the Budget Control Act in its For the Army, the bill fully funds entirety, doesn’t just find a sort of collective training exercises resulting b 1800 awkward workaround through the in 19 Combat Training Center rotations I would love to know what district overseas contingency operations just for brigade combat teams, as well as those people are living in because roads to take care of Defense. fully funding the initial entry rotary

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.079 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2942 CONGRESSIONAL RECORD — HOUSE May 13, 2015 wing training program and restoring to better trained special victims coun- existing destroyers and increases valu- funding to meet 100 percent of the fly- sel, prevent retaliation against service- able undersea research and develop- ing hour program requirement. members, and increase awareness and ment activity and sustains our next- The bill also provides the Marine training to better aid male victims of generation tanker and bomber pro- Corps with additional resources to sexual assault. grams. meet aviation readiness requirements Once again, the bill does not contain I am pleased with the Seapower and to ensure adequate numbers of mission- the Department’s request to admin- Projection Forces’ effort in this bill capable aircraft. ister changes to the commissary sys- and believe that it is another positive For the Air Force, the bill provides tem, reductions to the housing allow- step on a long road to adequately sup- additional training resources for high- ance, or TRICARE reform, but we must port our national security. Perhaps demand areas such as pilots for un- address these issues in some way in the that is why the bill passed out of com- manned systems, joint terminal con- future. Reform of the military mittee with such an overwhelming bi- trollers, cyber operations, insider healthcare system is crucial to ensure partisan margin of 60–2, with so many threats, and open source intelligence. that care is elevated to a level befit- people on the other side of the aisle Finally, the bill addresses several ting our servicemembers, our wounded being for it before they were against it. other shortfalls by resourcing many of veterans, retirees, and their families. I urge my colleagues to support the the Department’s most pressing un- Important issues were addressed in National Defense Authorization Act for funded requirements. this bill, and I support many of the Fiscal Year 2016. I am proud of what we have accom- provisions and all the hard work that Mr. SMITH of Washington. Mr. plished in this year’s bill and encour- went into it. However, national secu- Chairman, I yield 3 minutes to the gen- age all of my colleagues to support its rity is borne from many factions, in- tlewoman from California (Ms. SPEIER), passage. cluding the education of our people, in- the ranking member of the Sub- Mr. SMITH of Washington. Mr. vestment in science and technology, committee on Oversight and Investiga- Chairman, I yield 30 seconds to myself and the support of sustainable re- tions. just to respond briefly to Mr. THORN- sources and infrastructure. Ms. SPEIER. Mr. Chairman, I want BERRY’s remarks. All of these realms, Mr. Chairman, to thank the chairman and the ranking The problem, too, why this won’t ac- must be funded adequately and prop- member for their accepting amend- tually fund our troops is it is OCO erly in order for our military to remain ments to address military sexual as- funding to begin with; and, as the Sec- the most elite force in the world. I am sault, increase oversight, transgender retary of Defense said, it makes it very disappointed that this NDAA, although rights, whistleblower protection, and difficult to do it in any sort of com- meeting the President’s budget number equal access to contraception for mili- prehensive way. request, does not follow the funding tary women; but, despite these im- More importantly, when we get to rules we have abided by in the past, provements and many others from my the end of the process, if the President thereby placing our national security colleagues, I cannot support this bill in doesn’t agree to it, then we haven’t in jeopardy. its current form. funded the troops at this $38 billion ad- Mr. THORNBERRY. Mr. Chairman, I Instead of making tough decisions ditional level. If that is where he is at yield 2 minutes to the gentleman from with our limited resources, this bill on the veto on these appropriations Virginia (Mr. FORBES), the chair of the uses an accounting gimmick to further bills, then we haven’t done it. We sim- Subcommittee on Seapower and Pro- parochial and political interests above ply run the clock out for another 4 or jection Forces. the readiness of the men and women 5 months. Mr. FORBES. Mr. Chairman, I rise in protecting us and the interests of tax- We have got to get to a budget agree- support of the National Defense Au- payers we represent. ment that the President agrees to, or thorization Act for Fiscal Year 2016. we are not going to fund the troops at I want to commend the leadership of We chose to address the sage grouse rather than the elephant in the room. the level that I agree with the chair- Chairman THORNBERRY in bringing this man that we need to fund them at, and bill to the floor. His leadership has By irresponsibly sheltering $38 bil- this bill does not do that. been instrumental in tackling many of lion—above the self-imposed budget I yield 3 minutes to the gentlewoman the tough issues this committee has gap—in the OCO account, this bill at- tempts to decouple national security from California (Mrs. DAVIS), the rank- had to address and in getting this bill ing member of the Subcommittee on finished on schedule. from economic security. Military Personnel. That being the case, I am absolutely In reality, these are one and the Mrs. DAVIS of California. Mr. Chair- perplexed by a President that would same. Our military leadership gets it, man, I want to thank Dr. HECK and the even suggest that he would veto a bill but this seems to be lost on us. Admi- committee staff for working in a bipar- or Members of Congress who would sug- ral Mullen, former Chairman of the tisan manner to develop this bill, and I gest they would support him in vetoing Joint Chiefs, stated that the deficit also want to thank Chairman THORN- a bill that gives every dime he re- that we are unwisely adding to in this BERRY and Ranking Member SMITH for quested for the support of the men and bill is the single greatest threat to our their leadership during this process. women who are fighting to defend this national security. The bill takes important steps to- country and for the national security Rather than empowering our mili- ward personnel reform by including of this country unless he gets every- tary to align our force structure with recommendations from the Military thing he wants for the EPA and the the capabilities we need, we tied their Compensation and Retirement Mod- IRS and whatever part of his other po- hands; and, rather than addressing ernization Commission, and I think we litical agenda he wants to keep. wasteful overhead, needless spare all want to thank them for their work. Mr. Chairman, it is time that we put parts, or outdated weapon systems, we A key provision is the modernization national security and the men and chose to ensure that corporations that of the military retirement system. women that defend this country first move their headquarters overseas to While maintaining the 20-year defined and leave politics for another day. avoid taxes continue to get Defense retirement, a thrift savings plan is As to the Seapower and Projection contracts. added not just for retirees, but for all Forces Subcommittee, this bill fully Provisions of this bill also attempt to servicemembers. This will positively funds the carrier replacement program, force the DOD to keep our detention fa- impact the 83 percent of the force—I two Virginia class submarines, two cility in Guantanamo Bay open. GTMO am going to say it again—83 percent of Arleigh Burke class destroyers, and is a propaganda tool for our enemies the force that leaves prior to the 20- three littoral combat ships. and a distraction for our allies. Those year mark. It reverses the administration’s re- aren’t my words; they are George W. The NDAA continues the commit- quest to close the Tomahawk produc- Bush’s and 15 to 20 retired generals and tee’s critical work towards the preven- tion line and keeps the Ticonderoga admirals. tion of and response to sexual assault. class cruisers in active service. It also Another provision of this bill pre- Several provisions will increase access accelerates the modernization of our vents the military from saving lives by

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.080 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2943 purchasing alternative fuels. Costly re- Overall, our portion of the bill pro- Mr. THORNBERRY. Mr. Chairman, I fueling operations and convoys are ex- vides for stronger cyber operations ca- yield 2 minutes to the gentleman from traordinarily dangerous; yet, because pabilities, safeguards our technological Ohio (Mr. TURNER), the chair of the the existence of climate change is a po- superiority, and enables our Special Subcommittee on Tactical Air and litical talking point, somehow, service- Operations Forces with the resources Land Forces. member safety is second rate. and authorities to counter terrorism, Mr. TURNER. Mr. Chairman, I rise in The military is not separate from the unconventional warfare threats, and to support of H.R. 1735, the National De- rest of the country. Along with defend- defeat weapons of mass destruction. fense Authorization Act for Fiscal Year ing us, members of the military need to I thank Chairman THORNBERRY, and I 2016. drive on roads that are not crumbling, would like to thank my friend and sub- I had the privilege of serving as the cross bridges that are not falling, and committee ranking member, Mr. JIM chairman of the Tactical Air and Land send their children to public univer- LANGEVIN of Rhode Island. Forces Subcommittee. I want to thank sities that are not bankrupt. Mr. SMITH of Washington. Mr. my ranking member, LORETTA SAN- It also makes it difficult to fund Chairman, I yield 2 minutes to the gen- CHEZ, for her support in completing the basic research, which has been a key tleman from Connecticut (Mr. COURT- markup of this bill, and I want to ex- element to our global competitive ad- NEY), the ranking member of the Sub- tend my thanks to the subcommittee’s vantage and the source of much of the committee on Seapower and Projection vice chairman, PAUL COOK. I also want technology that our military relies on. Forces. to thank our chairman, Chairman Mr. COURTNEY. Mr. Chairman, at We are choosing to spend vast quan- THORNBERRY, for his leadership and his the outset, I want to extend my com- tities of money on planes that the mili- bipartisan work. pliments to the chairman of the com- tary does not want, while refusing to Now, I had a sentence here where I mittee for his first NDAA bill and for address problems that everyone in the said I was thanking Ranking Member the way he conducted a 19-hour mark- Nation, including military members, SMITH for his work on a bipartisan up that went until close to 5 o’clock in needs fixed. basis because of his support for this bill the morning. I also thank the ranking We have to face the reality that we when it came out of the committee, member, who provided just really great can’t keep our Nation secure if we let but due to his recent opposition to this leadership in terms of moving that our country rot from the inside. bill, I am going to cross that part out. process along, and the strong vote that Mr. Chairman, the committee’s I urge my colleagues to oppose this came out of the committee. focus, though, has been on a bipartisan bill. On the Seapower and Projection basis, and you will hear the members b 1815 Forces Subcommittee—and Mr. FORBES stand and talk about the provisions Mr. THORNBERRY. Mr. Chairman, I ticked off some of the priorities that that we worked on on a bipartisan yield 2 minutes to the gentleman from came through the report—I just want basis, and that is why it actually de- to add one item which, I think, is real- South Carolina (Mr. WILSON), the chair serves, I think, everyone’s support. of the Subcommittee on Emerging ly important to note. In terms of the It supports the men and women of Threats and Capabilities. future challenges for the shipbuilding the Armed Forces and their families. It Mr. WILSON of South Carolina. Mr. of this country, the replacement pro- provides the equipment they need and Chairman, I rise in strong support of gram for the ballistic submarine pro- the support that they deserve. I believe the National Defense Authorization gram, the Ohio replacement program, that the committee’s bill strikes the is going to cost, roughly, $70 billion to appropriate balance between equipping Act and also to thank Chairman MAC $80 billion. It has been identified by our military to effectively carry out its THORNBERRY for his leadership and Secretary Carter on down as the top hard work to bring this important bill mission and providing oversight. priority of the Defense Department as Under this bill, Congress provides ad- to the floor. well as the Department of the Navy. ditional funding for new National Committee support was bipartisan— The question is not about whether or Guard Blackhawk helicopters, F–35 60–2—and politics should not be raised not we are going to build that sub. The Joint Strike Fighters, Navy strike to obstruct. I am honored to serve as question, really, is: What is going to fighters, unmanned aerial systems, the chairman of the Subcommittee on happen to the rest of the shipbuilding lethality upgrades for Stryker combat Emerging Threats and Capabilities, account? vehicles, improved recovery vehicles, which oversees some of the most for- This year’s NDAA bill activates the Javelin antitank missiles, and aircraft ward-looking and critical aspects of national sea-based deterrence fund, survivability improvements for Apache the Department of Defense, including which is an off-shipbuilding budget ac- attack helicopters. defense-wide science and technology ef- count to build this once-in-a-multi- We support the National Guard and forts; Special Operations Forces; Cyber generation program, using clear prece- Reserve component. This bill provides Command and the cyber forces of the dent of the past of the national sea- additional funds as part of a National Department of Defense; and many based deterrence account, which took Guard and Reserve equipment account other programs and activities that deal that program off the shipbuilding budg- to address significant equipment short- with evolving and emerging threats, et’s shoulders, and we are using that ages and modernization equipment for from weapons of mass destruction, to same approach to make sure that, in the Guard and Reserve. Putin’s aggression against Ukraine, to meeting this critical need, the Ohio re- This bill also calls for continued ac- the rise of the Islamic State of Iraq and placement program is not going to suf- tion to eradicate sexual assault in the the Levant, ISIL or Daesh. The Emerg- focate the rest of the shipbuilding ac- military. I want to thank Congress- ing Threats and Capabilities Sub- count. $1.4 billion is going to be infused woman TSONGAS, Chairman WILSON, committee has been active in con- into this fund with the Defense Author- my ranking member, Ms. SANCHEZ, and ducting oversight in all of these impor- ization Act, and that is going to pro- Ranking Member SUSAN DAVIS for tant areas. vide a path forward to make sure that working on a bipartisan basis for these It is also worth noting that much of we meet this critical need as well as to provisions. This bill provides greater the oversight conducted by the sub- make sure that we have a viable, 300- access to Special Victims’ Counsel for committee is classified and takes place plus-ship Navy, which every defense re- Department of Defense civilian em- behind closed doors where we review view over the last few years or so has ployees. It addresses issues of retalia- and remain current on sensitive activi- identified as critical. tion against victims and those who re- ties and programs involved in Depart- This is an important item which, I port sex crimes. It enhances sexual as- ment of Defense intelligence capabili- feel, as part of this evening’s debate, sault prevention for male victims. It ties, Special Operations Forces, and should be identified, and it is some- prohibits the release of victims’ mental cyber forces. The subcommittee takes thing that was a bipartisan effort on health records without an order from a this sensitive oversight role very seri- both sides of the Seapower and Projec- judge, and it provides additional train- ously as we consider Department of De- tion Forces Subcommittee. I look for- ing for our military leaders. fense authorities and programs that ward to a vigorous debate over the next I urge my colleagues to support this enable these sensitive activities. 2 days. bill.

VerDate Sep 11 2014 06:32 May 14, 2015 Jkt 049060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.082 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2944 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Mr. SMITH of Washington. Mr. H.R. 1735, the fiscal year 2016 National We have a proud tradition in the Chairman, I yield 2 minutes to the gen- Defense Authorization Act, the 54th Armed Services Committee of sup- tlewoman from Guam (Ms. BORDALLO), consecutive Defense Authorization Act, porting our national defense in a bipar- the ranking member of the Sub- which recently passed out of the Armed tisan manner, and I hope that tradition committee on Readiness. Services Committee by a vote of 60–2. will continue this year. Ms. BORDALLO. Mr. Chairman, I I want to thank Chairman THORN- This country is facing a vast array of want to thank Ranking Member ADAM BERRY for his leadership in getting us threats, both from state and nonstate SMITH and my dear friend, Chairman here today. Without his guidance, we actors, and I am pleased that the WITTMAN, for working collaboratively might have been here with a bill that NDAA provides for the resources need- with me on the readiness section of the failed to provide the $612 billion re- ed to address those threats today while NDAA. quested by the President for national also preparing for those of tomorrow. I believe that this bill provides our defense. I wouldn’t have been able to As Oversight and Investigations Sub- servicemen and -women with what they have supported that bill. Instead, we do committee chairwoman, I am proud of need to be prepared to face the chal- have one that does meet the minimum the provisions included to address lenges that are constantly thrown at needs as outlined by Chairman Martin issues related to detainee transfers. I them by a dangerous and unpredictable Dempsey. remain frustrated and concerned with world. However, as Chairman THORN- I am also particularly proud of the the administration’s lack of coopera- BERRY often likes to remind us, this provisions of the Strategic Forces Sub- tion in the investigation of the Taliban gets us to the bear, ragged, lower edge committee’s jurisdiction: Five transfer. I consider it prudent to of what is required to respond to the We authorize $475 million for the withhold funding from DOD until more full spectrum of the challenges we face. Israeli missile defense, including the information and support is given so In addition to funding our readiness U.S.-based coproduction; that we may continue proper oversight. requirements, our bill looks to the fu- We direct development of U.S. mili- This bill is good news also for the ture by requiring GAO reports on Army tary capabilities to counter Russia’s men and women at Fort Leonard Wood and Air Force training requirements, a violation of the Intermediate-Range and Whiteman Air Force Base. One of review of the Army’s Pacific Pathways Nuclear Forces Treaty. Putin must rec- my top priorities since I got to Con- program, and an assessment of the ade- ognize that his illegal actions will have gress has been to support Whiteman quacy of support assets for the Asia- real consequences; commanders’ requests for the construc- Pacific rebalance. These reports will We require the adaptation of the tion of the Consolidated Stealth Oper- provide the information necessary to Aegis Ashore missile defense sites the ations and Nuclear Alert Facility. This enable us to determine whether the U.S. is deploying in Romania and Po- facility is included in this NDAA, and programs are achieving their intended land so that they are capable of self-de- it will bring substantial, immediate, purposes or will allow us to take cor- fense against airborne threats. It is and long-term benefits to the base and rective action if they are not. The bill simply immoral to deploy U.S. per- to its B–2 operations. Additionally, I also authorizes a 2.3 percent pay in- sonnel to these sites and then remove requested the provision to authorize 12 crease for all servicemembers. an intrinsic self-defense capability; additional F/A–18F Super Hornets. The bill continues our strong tradi- We strengthen our decision made last These aircraft will fill an immediate tion here in the House of supporting year to end U.S. reliance on Russian need in the fight against ISIL and the rebalance to the Asia-Pacific re- rocket engines by putting real money allow them to be converted to airborne gion. I am pleased that this bill author- behind a new rocket engine program; electronic attack Growlers later, if izes funding for the relocation of ma- We set priorities in NNSA by control- necessary. rines from Okinawa to Guam and au- ling the size of the bureaucracy, ending After a marathon 18-hour-long debate thorizes the improvement of critical ineffective nonproliferation programs, throughout the day and night, my col- infrastructure on Guam. Further, we and seriously tackling the $3.6 billion leagues on the House Armed Services have provided clear language that, for Committee and I have produced a bi- the first time ever, shows support from deferred maintenance backlog that we suffer at our nuclear weapons com- partisan bill that allocates vital funds Congress on the need for continued for our Nation’s defense. I am proud of progress on the development of a plexes. We can no longer ask the best and the brightest we have to work in this bill, and I urge Members to sup- Futenma replacement facility as the port its passage. only option for the marines on Oki- decrepit infrastructure. nawa. This bill also requires the ad- I am also pleased that language was b 1830 ministration to develop a Presidential included to prohibit furloughs at Work- Mr. COURTNEY. I continue to re- policy directive that would provide ing Capital Fund facilities, like the serve the balance of my time. guidance to each of the agencies and Anniston Army Depot, provided there Mr. THORNBERRY. Mr. Chairman, I departments on how to resource and is funded workload. Also included was yield 2 minutes to the gentleman from support the rebalance strategy. my amendment with Congressman ROB Nevada (Mr. HECK), chair of the Sub- As I have been saying for some time, BISHOP that would exempt civilian jobs committee on Military Personnel. the best thing we could do to increase funded by the working capital fund, Mr. HECK of Nevada. Mr. Chairman, our readiness above the minimum like those jobs at the depot, from the the military personnel provisions of threshold that we are on is to elimi- planned 20 percent reduction at head- H.R. 1735 are the product of an open, bi- nate sequestration and get away from quarters. partisan process. The mark provides the gimmick of using OCO funding, The Anniston Army Depot is one of our warfighters, retirees, and their which adds to our Nation’s credit card the largest employers in east Alabama families the care and support they bill. I agree with the President and and is the most efficient production need, deserve, and earned. with the Secretary of Defense that OCO and maintenance facility the Army Some highlights from this year’s pro- funding is not a permanent solution has. posal include continued emphasis on and that it hampers DOD’s ability to Mr. SMITH of Washington. Mr. the Department of Defense Sexual As- utilize funding in a responsible manner Chairman, I reserve the balance of my sault Prevention and Response pro- and to plan for future years. I do hope, time. gram by addressing shortfalls in the Mr. Chairman, that this Congress can, Mr. THORNBERRY. Mr. Chairman, I program identified in the Judicial Pro- once and for all, find a solution and fix yield 2 minutes to the gentlewoman ceedings Panel initial report. this bill to end sequestration across from Missouri (Mrs. HARTZLER), the There is also rigorous oversight and the board. chair of the Subcommittee on Over- consideration of the recommendations Mr. THORNBERRY. Mr. Chairman, I sight and Investigations. made by the Military Compensation yield 2 minutes to the gentleman from Mrs. HARTZLER. Mr. Chairman, I and Retirement Modernization Com- Alabama (Mr. ROGERS), the chair of the rise in support of the fiscal year 2016 mission. Specifically, the mark would Subcommittee on Strategic Forces. NDAA, and I want to thank Chairman require the Secretary of Defense and Mr. ROGERS of Alabama. Mr. Chair- THORNBERRY for bringing this impor- the Secretary of Veterans Affairs to es- man, I rise today in strong support of tant bill to the floor. tablish a joint formulary that includes

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.084 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2945 medications critical for the transition as nearly every corner of the world has to the National Guard to save money, of an individual undergoing treatment become less safe under President the plan they had to lay up 11 cruisers, related to sleep disorders, pain control, Obama’s continued foreign policy fail- the efforts to get rid of the A–10—ef- and behavioral health conditions. ures. forts to move anything around are It requires the Secretary of Defense The fiscal year 2016 NDAA makes blocked by this committee, and they to establish a unified medical com- needed reforms to strengthen civilian take that money out of readiness to mand to oversee medical services to retiree packages and begins to reform fund what really amounts to a personal the Armed Forces and other DOD the way that we buy weapons and other priority. health care beneficiaries. systems at the Pentagon, which will What does it mean to take money out And it modernizes the current mili- save tax dollars for years to come. of readiness? It means that our troops tary retirement system by blending the I also want to thank the chairman do not get the training that they need current 20-year defined benefit plan and the committee for including some to be prepared to fight. It is just that with a defined contribution plan allow- of my amendments to reestablish the simple. Readiness money is the money ing servicemembers to contribute to a EMP Commission, beginning an initial for the ammo. It is the money for the portable account that includes a gov- concept for development of a space- fuel. It is the money for the mechanic ernment automatic contribution and based missile defense system, and guar- to fix equipment. That has been going matching program. anteed assistance to the Kurdistan re- down and down and down and down as It also requires the Secretary of De- gional government. we block every effort to save money fense and the military service chiefs to As we know, President Obama has, anyplace else because just about any- strengthen and increase the frequency unfortunately, issued a veto threat to- thing the Pentagon is going to do is of financial literacy and preparedness ward this bill. Mr. Chairman, the going to affect somebody’s district. training, establishing a more robust NDAA has been passed year after year The A–10 is in somebody’s district. training and education program for for 53 straight years, under both Demo- Every other project is made in some- servicemembers and their families. crat and Republican administrations. body’s district. I want to thank Ranking Member Among the provisions the President We protected all that at the expense DAVIS and her staff for their contribu- stands ready to reject are a joint for- of readiness, and I think that is the tions to this process. We were joined by mulary to ease troop transition from worst thing that we can do. It has cre- an active, informed, and dedicated the Department of Defense to the VA; ated a situation where we may well be group of subcommittee members, and providing aid to Ukraine in the midst sending our men and women off to their recommendations and priorities of Russian-backed attacks; providing fight unprepared and untrained. And are clearly reflected in the NDAA for full funding to the Department of De- you talk to the people who are serving. fiscal year 2016. fense which he, himself, requested; a They are not able to fly as much as Mr. Chairman, I have always said stronger missile defense and cyber ca- they used to. They are not able to train that I felt myself lucky to serve on the pabilities; a greater accountability for as much as they used to. They are not Armed Services Committee because I political reconciliation in Iraq; greater able to use their weapons as much as thought it was the most bipartisan protection of our troops from sexual they used to because of those contin- committee in Congress. We, over at assault; and better pay and benefits to uous cuts to readiness, because we fund least the past 4 years, have been uni- those who serve us so that we may other priorities. That is number one. fied in making sure that our men and stand here and debate this bill today. Number two. Funding through OCO, women in uniform have the resources These are among the provisions of this as the Secretary of Defense has said, is they need to keep themselves and our bill Mr. Obama opposes. not the same as actually funding the Nation safe. I want just to reiterate to my col- Department of Defense through a reg- That is why today I find myself very leagues that this bill did pass out of ular appropriations process. It is one- confused and disappointed by the com- the Armed Services Committee 60–2, time money. What the Secretary of De- ments made on the floor. This is the and this list of accomplishments is too fense has said is: National Defense Authorization Act, long. So I will just express congratula- Giving us this one-time money whose sole purpose is to provide for the tions again to Mr. THORNBERRY for his makes it impossible to plan. We don’t common defense, not education, not leadership under this massive under- know if it is going to be there next transportation, not any other govern- taking. I urge adoption of the bill. year. You can’t have a 5-year plan ment function. Mr. COURTNEY. Mr. Chairman, I under OCO money. You are restricted To vote against this bill is to breach yield 3 minutes to the gentleman from in where you can spend it and how you the faith that we have with our men Washington (Mr. SMITH), the ranking can spend it. So this is not adequately and women in uniform and is uncon- member of the Armed Services Com- funding our troops. scionable. I, therefore, urge my col- mittee. I do take offense at the notion that leagues to support this bill. Mr. SMITH of Washington. Mr. opposition to this bill means that you Mr. COURTNEY. I continue to re- Chairman, I just want to respond brief- just don’t support our troops. That is serve the balance of my time. ly when basically it is called uncon- the bumper sticker—sorry, I won’t use Mr. THORNBERRY. I yield 2 minutes scionable to oppose something. Aside that word. It is wrong to say that to the gentleman from Arizona (Mr. from being unbelievably arrogant, it is about anyone who opposes this bill. I FRANKS), the distinguished vice chair wrong to say that there is no reason oppose this bill because I don’t think it of the Subcommittee on Emerging whatsoever to vote against this bill. does adequately fund our troops. It Threats and Capabilities. I mentioned earlier that there were— doesn’t take care of the budget prob- Mr. FRANKS of Arizona. I thank the I am sorry, if he can call me ‘‘uncon- lems that are in front of us. gentleman for yielding me the time. scionable,’’ I suppose I can call him The CHAIR. The time of the gen- Mr. Chairman, I rise today to join in ‘‘arrogant.’’ I don’t know; it seems fair. tleman has expired. this chorus of support for the fiscal At any rate, there is another reason Mr. COURTNEY. I yield the gen- year 2016 National Defense Authoriza- not to vote for this bill, and that is tleman an additional 1 minute. tion Act. I want to sincerely congratu- that it underfunds readiness once Mr. SMITH of Washington. The only late Chairman THORNBERRY in this, his again. It says this matches the Presi- way to adequately fund our troops is to inaugural bill as chairman of the dent’s budget, and overall it does, but get rid of the Budget Control Act, so Armed Services Committee, which it has $2.4 billion less in money for we can actually fund it under regular passed with a small vote of 60–2. readiness. Last year’s bill had $1.5 bil- order with a normal amount of money While this bill sets DOD policy, it lion less in readiness. Why? that allows them to plan for over 5 also reflects the House-passed budget Because every effort that the Depart- years. figure for authorized spending at the ment of Defense makes to cut just Lastly, I am sorry, but the infra- Department of Defense. It represents about anything—the movements that structure of this country matters. The the will of Congress that we ought to they wanted to make to start a BRAC, fact that bridges are falling down mat- be spending more on national security, the changes that they wanted to make ters. The fact that we don’t have

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Mr. Chairman, I are not going to accept a budget that porting our European allies in the face rise today in strong support of the Na- guts all of these other things and uses of Russian aggression. Now is not the tional Defense Authorization Act. It is the overseas contingency operation as time to cut the defense budget. Let’s a bipartisan bill that passed the full a work-around to fund defense. support our troops, not NANCY PELOSI’s Armed Services Committee with nearly It is basically acting like this is free partisan agenda. Vote ‘‘yes’’ on H.R. unanimous support, as we have already money. Well, it is not free money. It 1735. heard. costs, and it undermines the entire rest Mr. COURTNEY. Mr. Chairman, This bill meets our national security of the budget. Let’s get rid of the Budg- could I inquire how much time remains needs; it cares for our troops, invests in et Control Act. Let’s get rid of the on both sides? next-generation weaponry, and brings caps. Let’s get rid of sequestration. We The CHAIR. The gentleman from necessary reforms to the Pentagon. don’t do that in this bill, and it is my Connecticut has 91⁄2 minutes remain- No bill is perfect, and I urge my col- contention that if we don’t do that, ing, and the gentleman from Texas has leagues not to allow the perfect to be then we are not adequately funding our 7 minutes remaining. the enemy of the good. And there is troops and adequately funding our de- Mr. COURTNEY. I continue to re- certainly a lot of good in this bill. fense. serve the balance of my time. As vice chairman of the Military Per- Mr. THORNBERRY. Mr. Chairman, I Mr. THORNBERRY. Mr. Chairman, I sonnel Subcommittee, I am especially yield myself 30 seconds. yield 2 minutes to the gentlewoman proud of our work to care for our Mr. Chairman, I will just make two from New York (Ms. STEFANIK), the troops and their families. This bill acts brief points. One is the extra OCO fund- vice chair of the Subcommittee on on 11 of the 15 recommendations of the ing that has been so criticized is 100 Readiness. Commission on Military Pay and Bene- percent for operations and mainte- Ms. STEFANIK. Mr. Chairman, I rise fits, including things like revamping nance, for readiness. That is what it all today in support of the fiscal year 2016 our military retirement system to is devoted to in this mark. National Defense Authorization Act, bring it into the 21st century, pro- Secondly, if we start holding our and I would like to first thank and ap- viding increased financial literacy for troops hostage because we want more plaud Chairman THORNBERRY on his our troops. spending over here or we want some leadership and commitment to this I am especially pleased that the bill other change in law over there, where thoughtful and comprehensive bill. Ad- includes an initiative I proposed to does that stop? Where does that stop? ditionally, I am grateful to our sub- help our retiring military personnel What are we not going to hold our committee chairs for their exhaustive transition to civilian jobs. troops hostage to because a Senate and efforts. Importantly, this bill precludes an- a House and a President can’t agree on While the end results may not be per- other round of base realignment and some other issue? I think it is dan- fect, it is a strong, bipartisan piece of closure, or BRAC, which threatens to gerous to start down that road. legislation that I am proud to support. shutter military bases around the At this time, Mr. Chairman, I yield 2 Our committee spent 19 hours debating country. We have seen that BRAC is minutes to the gentleman from Colo- this bill, and all members put forward simply not cost effective. In my home rado (Mr. LAMBORN), the vice chairman their ideas. We worked together across State of New Jersey, we have seen the of the Subcommittee on Strategic the aisle, which led to significant devastation it brings to local commu- Forces. strides in maintaining and establishing nities. The last round of BRAC cost $14 Mr. LAMBORN. I thank the chair- our Nation’s defense policy. billion more than it was supposed to, man of the committee for his great In today’s unstable global environ- and the savings were reduced by 73 per- work on this bill and for yielding me ment, we are asking our Armed Forces cent. It doesn’t even break even for 13 this time. to do more with less over and over years. Mr. Chairman, I rise today in support again, and as a representative of Fort I am a businessman, and spending of the National Defense Authorization Drum, home of the 10th Mountain Divi- more to save less while you ruin local Act of 2016. This is an important bill sion, such a high operational tempo economies and weaken our military that provides funding and authority for unit, I too am concerned about long- just makes no sense. the men and women in uniform who are term impacts due to the budget cap Finally, this bill fulfills our constitu- willing to go in harm’s way to keep our constraints. tional duty to provide for the common country safe. This bill takes some of Recently, I had the honor to attend a defense of our Nation. We face new the important steps to reform the De- small congressional delegation visit to threats like the Islamic State, a newly partment of Defense, both in acquisi- CENTCOM’s AOR. On this trip, I was resurgent Russia, and our military has tion and in retirement benefits. It in- able to get a firsthand perspective on to be ready to face them head-on. cludes a number of provisions that I the detrimental effects these budget This bill funds the Pentagon at the worked on regarding military space, caps have on our Nation’s overseas level it needs and avoids the disastrous missile defense, and tunnel detection, missions. blind cuts of sequestration that hurt to name just a few. Thankfully, the fiscal year 2016 our military’s capability and readiness. This is a bipartisan bill. Dozens, if NDAA provides our U.S. Armed Forces I urge my colleagues to support this not hundreds, of provisions were au- with the tools and resources to main- bill. thored by Democrats. It came out of tain current efforts, and it passed out Mr. SMITH of Washington. Mr. committee by a vote of 60–2. Only one of our committee on an overwhelm- Chairman, I yield myself the balance of Democrat voted against it in com- ingly bipartisan vote of 60–2. I want to my time. mittee. Nothing substantive has remind my colleagues, 60–2. Let me emphasize again that there changed; only now NANCY PELOSI is Thank you again, Mr. Chairman, for are a lot of good things in this bill. I calling the shots, and Democrats have putting forth a great bill that I am won’t disagree with anything that was flip-flopped. pleased to support. I urge my col- said. The reform agenda that Mr. I understand that NANCY PELOSI and leagues to support this bill, particu- THORNBERRY has, I think, taken a lead- the Democrats want to increase taxes larly those colleagues on the com- ership role on is incredibly important, and increase spending on domestic pro- mittee who already have. and I think that is a huge positive. grams, but that debate should not be Mr. COURTNEY. I continue to re- There are a lot of programs in this fought on the backs of our troops. If serve the balance of my time. bill that are absolutely critical to our

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If we vote for our troops is that if we send them into care or we don’t fix the environment or this bill, we allow that unnatural proc- battle, they are ready. They are we don’t fix taxes. There is no end if ess where the Pentagon does not have trained and they are ready to fight. If that is the way that this is going to go. long-term funding and long-term pre- they don’t have the equipment and I think it is ironic, Mr. Chairman. I dictability to continue. they don’t have the readiness dollars, believe we need to find a better way to The biggest thing that has changed then they won’t be. So for those two impose fiscal responsibility in our gov- since we were in committee is, number reasons, I am opposing this bill. ernment than the Budget Control Act, one, the President did not issue a veto I am hopeful between now and when and I am absolutely anxious to work threat. I actually had a conversation we come back from conference that we with any Member who wants to find a with leadership before we went to com- can reconcile this issue and that we better way to go ahead. But we can’t do mittee as to where they were at on can actually adequately fund the mili- it on this bill. It is impossible. that. The fact that the President has tary and work through this, because I And so what we are doing, for those now said that he will not support this totally agree we need to do this. But who would oppose this bill, is to hold bill with the additional OCO funding is where we are at right now is a bill that the pay and benefits of our troops, all a major change. It means that what we I don’t think does adequately fund our of these decisions, we are holding that are working on here is not going to troops in a predictable enough way to hostage to something that we can’t re- happen. And that is not political; that give them the training they need and solve here in this measure. As the gentleman from Washington is substantive. We have to have a bill to give the Pentagon leadership the said at some point, this is not the end that the President will sign if we are, predictability they need in terms of of the process. This is a step in the in fact, going to fund our troops. budgeting to have a defense budget. process. There are a lot of things to go The second thing that happened was So, reluctantly, I will oppose this with appropriation bills and conference the budget resolution, which was being bill. And I hope we continue to work to reports and so forth before the Presi- debated back and forth. The House get to a bill that we can support in the dent ever has an opportunity to veto a passed one and the Senate passed one, end. I do not view this in any way as bill. As a matter of fact, Mr. Chairman, but they came together and it became the end of the bipartisan tradition of this President has threatened to veto, I clear that the budget resolution was our committee. We worked very closely think, pretty much all the defense au- the budget resolution, and they were together on putting together this bill, thorization bills at some point in the locking in place the budget resolution and we will continue to work closely together to find a bill that did actually process. That is not a reason for us not that I have described that takes advan- to take the next step. tage of the OCO fund to basically cre- pass through the entire process. Again, if the President doesn’t sign I think we should build upon the bi- ate free money—money that doesn’t it, then all of our work is for naught, partisan work that came out of com- count under the Budget Control Act— and it is the troops who suffer. So we mittee. I suspect there will be bipar- to plus-up defense and keep everything are going to have to work on finding a tisan work with amendments from Re- else where it is at. way to reach an agreement with all the publicans and Democrats on the floor Once that was locked in and the people who need to approve this bill be- and that we should pass this measure, President looked at that and said he fore it becomes law. I pledge to con- go to conference with the Senate, and would not support that appropriations tinue to do that. keep working towards the end of the process, we created a situation where I do want to thank the chairman and process where, hopefully, we can have what we are doing here is not going to the Republicans on this issue. I think something better than the Budget Con- pass. It is not going to be sustainable. they have done a fabulous job of work- trol Act. But to say I am not going to We are not going to fund our troops ing on this bill. I just disagree on that support our troops unless we do that doing it this way. Unless we make one fundamental point that, frankly, first I don’t think is the proper way to those other changes in the budget proc- has more to do with the Budget Com- go. ess, we are just not going to get there. mittee than it does with our com- This is a normal budget process. We On the gentleman’s comments about mittee, but it does have a profound im- have a House and Senate budget resolu- the BRAC round, the military said pact on our product. tion for the first time in years. they are over capacity in facilities. I yield back the balance of my time. Mr. SMITH of Washington. Will the They are spending money on facilities Mr. THORNBERRY. Mr. Chairman, I gentleman yield? that they don’t need to spend just be- yield myself the balance of my time. Mr. THORNBERRY. I yield to the cause they can’t close those bases. Yes, Mr. Chairman, let me just take up gentleman. in the short term it costs more money, where the gentleman from Washington Mr. SMITH of Washington. It is not a but in the long term, the first four left off. matter of not supporting our troops. To rounds of BRAC have saved us hun- You have heard from a number of say that the decision to oppose the de- dreds of billions of dollars over the speakers that the product before us is a fense bill is because you don’t support long term. bipartisan product, that our committee the troops I hope the gentleman would So not being willing to do BRAC, not works in a bipartisan way. Just to put agree is not where we are coming from. being willing to make cuts in certain a little bit of quantification on that, Mr. THORNBERRY. Reclaiming my programs, is undermining readiness. over the course of our markup in com- time, I do not mean to say that is the Yes, it is good that we took the OCO mittee, 96 amendments sponsored by intention of the gentleman or those money. And because OCO money is so Democratic members of the committee who might oppose this bill. It is the ef- fungible, you can do it this way. You were adopted; and prior to that, at fect, however, because there are 40 es- took the rest of the money and you least 110 specific requests by Demo- sential authorities that have to be in a funded all of these programs that the cratic members of the committee were defense authorization bill. One of those Pentagon was trying to cut, and then incorporated into the committee and authorities is to pay the troops. With- you tried to backfill as much as you subcommittee marks. So it leaves one out those authorities, it doesn’t hap- possibly could with the OCO money and wondering: If Democratic Members are pen. readiness. And that is better than not, forced to oppose the bill because of Mr. Chairman, I believe this bill but it is still less to $2.4 billion short of something the Budget Committee should be supported, and I yield back what the President’s budget was on hasn’t done, how can this bipartisan the balance of my time. readiness. tradition continue? Mr. Chair, I ask that the following exchange And I still contend that we are short- That is one of the things that con- of letters be submitted during consideration of changing readiness to fund the prior- cerns me, because it is something that H.R. 1735:

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HOUSE OF REPRESENTATIVES, should this bill or a similar bill be consid- agree that by foregoing a sequential referral, COMMITTEE ON AGRICULTURE, ered in a conference with the Senate. I also the Committee on Energy and Commerce is Washington, DC, April 28, 2015. request you include our exchange of letters not waiving its jurisdiction. Further, this ex- Hon. WILLIAM M. ‘‘MAC’’ THORNBERRY, on this matter in the Committee Report on change of letters will be included in the com- Chairman, Committee on Armed Services, H.R. 1735 and in the Congressional Record mittee report on the bill. Washington, DC. during consideration of this bill on the Sincerely, DEAR MR. THORNBERRY: I am writing con- House Floor. Thank you for your attention WILLIAM M. ‘‘MAC’’ THORNBERRY, cerning H.R. 1735, the National Defense Au- to these matters. Chairman. thorization Act for Fiscal Year 2016. Sincerely, The CHAIR. All time for general de- This legislation contains provisions within JOHN KLINE, the Committee on Agriculture’s Rule X ju- Chairman. bate has expired. risdiction. As a result of your having con- Under the rule, the Committee rises. sulted with the Committee and in order to HOUSE OF REPRESENTATIVES, Accordingly, the Committee rose; expedite this bill for floor consideration, the COMMITTEE ON ARMED SERVICES, and the Speaker pro tempore (Mr. Committee on Agriculture will forego action Washington, DC, May 1, 2015. BABIN) having assumed the chair, Mr. on the bill. This is being done on the basis of Hon. JOHN KLINE, GRAVES of Louisiana, Chair of the our mutual understanding that doing so will Chairman, Committee on Education and the Committee of the Whole House on the in no way diminish or alter the jurisdiction Workforce, Washington, DC. state of the Union, reported that that of the Committee on Agriculture with re- DEAR MR. CHAIRMAN: Thank you for your spect to the appointment of conferees, or to letter regarding H.R. 1735, the National De- Committee, having had under consider- any future jurisdictional claim over the sub- fense Authorization Act for Fiscal Year 2016. ation the bill (H.R. 1735) to authorize ject matters contained in the bill or similar I agree that the Committee on Education appropriations for fiscal year 2016 for legislation. and the Workforce has valid jurisdictional military activities of the Department I would appreciate your response to this claims to certain provisions in this impor- of Defense and for military construc- letter confirming this understanding, and tant legislation, and I am most appreciative tion, to prescribe military personnel would request that you include a copy of this of your decision not to request a referral in strengths for such fiscal year, and for letter and your response in the Committee the interest of expediting consideration of Report and in the Congressional Record dur- the bill. I agree that by foregoing a sequen- other purposes, had come to no resolu- ing the floor consideration of this bill. tial referral, the Committee on Education tion thereon. Thank you in advance for your cooperation. and the Workforce is not waiving its juris- f Sincerely, diction. Further, this exchange of letters K. MICHAEL CONAWAY, will be included in the committee report on JOINT REAPPOINTMENT OF INDI- Chairman. the bill. VIDUALS TO BOARD OF DIREC- Sincerely, TORS OF OFFICE OF COMPLI- HOUSE OF REPRESENTATIVES, WILLIAM M. ‘‘MAC’’ THORNBERRY, ANCE COMMITTEE ON ARMED SERVICES, Chairman. Washington, DC, May 1, 2015. The SPEAKER pro tempore. The Hon. K. MICHAEL CONAWAY, HOUSE OF REPRESENTATIVES, Chair announces, on behalf of the Chairman, Committee on Agriculture, COMMITTEE ON ENERGY AND COMMERCE, Speaker and minority leader of the Washington, DC. Washington, DC, May 1, 2015. House of Representatives and the ma- DEAR MR. CHAIRMAN: Thank you for your Hon. WILLIAM M. ‘‘MAC’’ THORNBERRY, jority and minority leaders of the letter regarding H.R. 1735, the National De- Chairman, Committee on Armed Services, Wash- United States Senate, their joint re- fense Authorization Act for Fiscal Year 2016. ington, DC. appointment, pursuant to section 301 of I agree that the Committee on Agriculture DEAR CHAIRMAN THORNBERRY: I write to has a valid jurisdictional claim to a provi- confirm our mutual understanding regarding the Congressional Accountability Act sion in this important legislation, and I am H.R. 1735, the ‘‘National Defense Authoriza- of 1995 (2 U.S.C. 1381), as amended by most appreciative of your decision not to re- tion Act for Fiscal Year 2016.’’ While the leg- Public Law 114–6, of the following indi- quest a referral in the interest of expediting islation does contain provisions within the viduals on May 13, 2015, each to a 2- consideration of the bill. I agree that by jurisdiction of the Committee on Energy and year term on the Board of Directors of foregoing a sequential referral, the Com- Commerce, the Committee will not request a the Office of Compliance: mittee on Agriculture is not waiving its ju- sequential referral so that it can proceed ex- Ms. Barbara L. Camens, Washington, risdiction. Further, this exchange of letters peditiously to the House floor for consider- will be included in the committee report on ation. D.C., Chair the bill. The Committee takes this action with the Ms. Roberta L. Holzwarth, Rockford, Sincerely, understanding that its jurisdictional inter- Illinois WILLIAM M. ‘‘MAC’’ THORNBERRY, ests over this and similar legislation are in f Chairman. no way diminished or altered, and that the Committee will be appropriately consulted APPOINTMENT OF MEMBER TO HOUSE OF REPRESENTATIVES, COM- and involved as such legislation moves for- BOARD OF REGENTS OF THE MITTEE ON EDUCATION AND THE ward. The Committee also reserves the right SMITHSONIAN INSTITUTION WORKFORCE, to seek appointment to any House-Senate Washington, DC, May 1, 2015. conference on such legislation and requests The SPEAKER pro tempore. The Hon. WILLIAM M. ‘‘MAC’’ THORNBERRY, your support when such a request is made. Chair announces the Speaker’s ap- Chairman, Committee on Armed Services, Finally, I would appreciate a response to pointment, pursuant to sections 5580 Washington, DC. this letter confirming this understanding and 5581 of the revised statutes (20 DEAR MR. CHAIRMAN: I am writing to con- and ask that a copy of our exchange of let- U.S.C. 42–43), and the order of the firm our mutual understanding with respect ters be included in the Congressional Record House of January 6, 2015, of the fol- to H.R. 1735, the National Defense Authoriza- during consideration of H.R. 1735 on the tion Act for Fiscal Year 2016. Thank you for House floor. lowing Member on the part of the consulting with the Committee on Education Sincerely, House to the Board of Regents of the and the Workforce with regard to HR. 1735 on FRED UPTON, Smithsonian Institution: those matters within the Committee’s juris- Chairman. Mr. BECERRA, California diction. f In the interest of expediting the House’s HOUSE OF REPRESENTATIVES, consideration of H.R. 1735, the Committee on COMMITTEE ON ARMED SERVICES, APPOINTMENT OF MEMBER TO Education and the Workforce will forgo fur- Washington, DC, May 1, 2015. BOARD OF TRUSTEES OF THE ther consideration of this bill. However, I do Hon. FRED UPTON, HARRY S. TRUMAN SCHOLAR- so only with the understanding this proce- Chairman, Committee on Energy and Commerce, SHIP FOUNDATION dural route will not be construed to preju- Washington, DC. dice my Committee’s jurisdictional interest DEAR MR. CHAIRMAN: Thank you for your The SPEAKER pro tempore. The and prerogatives on this bill or any other letter regarding H.R. 1735, the National De- Chair announces the Speaker’s ap- similar legislation and will not be considered fense Authorization Act for Fiscal Year 2016. pointment, pursuant to 20 U.S.C. as precedent for consideration of matters of 1 agree that the Committee on Energy and 2004(b), and the order of the House of Commerce has valid jurisdictional claims to jurisdictional interest to my Committee in January 6, 2015, of the following Mem- the future. certain provisions in this important legisla- I respectfully request your support for the tion, and I am most appreciative of your de- ber on the part of the House to the appointment of outside conferees from the cision not to request a referral in the inter- Board of Trustees of the Harry S. Tru- Committee on Education and the Workforce est of expediting consideration of the bill. I man Scholarship Foundation:

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A13MY7.036 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2949 Mr. DEUTCH, Florida 6, 2015, of the following Members on the minutes as the designee of the major- f part of the House to the Commission ity leader. on Security and Cooperation in Europe: Mr. FRANKS of Arizona. Mr. Speak- APPOINTMENT OF MEMBERS TO Mr. HASTINGS, Florida er, it has been an amazing day. We BOARD OF VISITORS TO THE Ms. SLAUGHTER, New York passed a major bill today, Mr. Speaker, UNITED STATES MILITARY Mr. COHEN, Tennessee that I think is going to have some sig- ACADEMY Mr. GRAYSON, Florida nificant reverberations in this country The SPEAKER pro tempore. The f for a long time. Chair announces the Speaker’s ap- I know that whenever the subject has COMMUNICATION FROM THE pointment, pursuant to 10 U.S.C. been abortion that, somehow, the rules DEMOCRATIC LEADER 4355(a), and the order of the House of always change. Somehow, we don’t see January 6, 2015, of the following Mem- The SPEAKER pro tempore laid be- it the same way that we do other bers on the part of the House to the fore the House the following commu- issues. We don’t apply the same prin- Board of Visitors to the United States nication from the Honorable NANCY ciples of logic and reason and even Military Academy: PELOSI, Democratic Leader: compassion. It seems like that gets Mr. ISRAEL, New York MAY 11, 2015. lost in it all. It seems like we sort of Ms. LORETTA SANCHEZ, California Hon. JOHN BOEHNER, overlook the reality of it all. Speaker of the House, United States Capitol, The real question with abortion, Mr. f Washington, DC. Speaker, really is: Does abortion really DEAR SPEAKER BOEHNER: Pursuant to 2 APPOINTMENT OF MEMBERS TO kill a baby? U.S.C. 2081, I am pleased to reappoint the If it doesn’t, then people like me HOUSE COMMISSION ON CON- Honorable Marcy Kaptur of Ohio to the GRESSIONAL MAILING STAND- United States Capitol Preservation Commis- would be completely satisfied to never ARDS sion. bring up the subject again; but, if it really does take the life of a child, then The SPEAKER pro tempore. The Thank you for your consideration of this appointment. those of us living here in the seat of Chair announces the Speaker’s ap- Sincerely, freedom, in the freest country in the pointment, pursuant to 2 U.S.C. 501(b), NANCY PELOSI, world, are living in the midst of a great and the order of the House of January Democratic Leader. human genocide, and it is something 6, 2015, of the following Members to the f that we cannot and must not turn our House Commission on Congressional COMMUNICATION FROM THE backs upon. Mailing Standards: Mr. Speaker, I know that it has been DEMOCRATIC LEADER Mrs. DAVIS, California a long time that we have debated in Mr. SHERMAN, California The SPEAKER pro tempore laid be- this country. I remember in 1965 the Mr. RICHMOND, Louisiana fore the House the following commu- Governor of Colorado signed a bill that f nication from the Honorable NANCY would allow abortion in rare cir- PELOSI, Democratic Leader: cumstances, and it created a great out- b 1900 MAY 11, 2015. cry because people knew that that APPOINTMENT OF MEMBERS TO Hon. JOHN BOEHNER, might lead to more widespread abor- Speaker of the House, Washington, DC. tion on demand. DWIGHT D. EISENHOWER MEMO- DEAR SPEAKER BOEHNER: Pursuant to sec- RIAL COMMISSION tion 4(c) of House Resolution 5, 114th Con- At the time, those who were con- The SPEAKER pro tempore. The gress, I am pleased to reappoint The Honor- cerned about that were ridiculed and Chair announces the Speaker’s ap- able James P. McGovern of Massachusetts as ignored many times; yet that is, in pointment, pursuant to section 8162 of Co-Chair of the Tom Lantos Human Rights fact, what the Supreme Court did in Commission. 1973, when seven Justices decided, for Public Law 106–79, as amended, and the Thank you for your attention to this ap- order of the House of January 6, 2015, of all Americans, that there was a con- pointment. stitutional right to hire someone to the following Members on the part of Sincerely, take the life of a child. the House to the Dwight D. Eisenhower NANCY PELOSI, Mr. Speaker, I sometimes wonder Memorial Commission: Democratic Leader. how we miss the reality of it all. I Mr. BISHOP, Georgia f know that there are sincere people on Mr. THOMPSON, California COMMUNICATION FROM THE both sides of the issue, but it just f DEMOCRATIC LEADER seems like that, ultimately, we keep APPOINTMENT OF MEMBERS TO The SPEAKER pro tempore laid be- coming back to that central question: CONGRESSIONAL-EXECUTIVE fore the House the following commu- Is there another life here? Because if there is, in order for COMMISSION ON THE PEOPLE’S nication from the Honorable NANCY America to be true to her greatest REPUBLIC OF CHINA PELOSI, Democratic Leader: ideals, then the American people are The SPEAKER pro tempore. The MAY 11, 2015. going to have to precipitate a change, Chair announces the Speaker’s ap- Hon. JOHN BOEHNER, Speaker of the House, Washington, DC. either in their leadership or to con- pointment, pursuant to 22 U.S.C. 6913, vince their leadership to precipitate a and the order of the House of January DEAR SPEAKER BOEHNER: Pursuant to the National Foundation on the Arts and Hu- change in their own hearts—after all, I 6, 2015, of the following Members on the manities Act of 1965 (20 U.S.C. 955(b) note), I believe there are only two ways that part of the House to the Congressional- am pleased to reappoint The Honorable we can change public policy in this Executive Commission on the People’s Betty McCollum of Minnesota to the Na- country, and that is that the people ei- Republic of China: tional Council on the Arts. ther have to elect the right leaders, or Mr. WALZ, Minnesota Thank you for your attention to this ap- somehow, they have to beg the wrongs Ms. KAPTUR, Ohio pointment. Sincerely, ones to do the right thing. Mr. HONDA, California NANCY PELOSI, For a long time, our people have Mr. LIEU, California Democratic Leader. tried desperately to get their leaders to f do the right thing on this issue, but we f have been hamstrung by a Supreme APPOINTMENT OF MEMBERS TO Court decision. Once again, the Su- COMMISSION ON SECURITY AND PASSAGE OF THE PAIN-CAPABLE preme Court was never meant to make COOPERATION IN EUROPE UNBORN CHILD PROTECTION ACT law for the country. They were meant The SPEAKER pro tempore. The The SPEAKER pro tempore. Under to decide cases, not issues. Chair announces the Speaker’s ap- the Speaker’s announced policy of Jan- Even though we have put the Su- pointment, pursuant to 22 U.S.C. 3003, uary 6, 2015, the gentleman from Ari- preme Court in the position of deciding and the order of the House of January zona (Mr. FRANKS) is recognized for 60 those cases and giving us opinions on

VerDate Sep 11 2014 06:32 May 14, 2015 Jkt 049060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.089 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2950 CONGRESSIONAL RECORD — HOUSE May 13, 2015 constitutional analysis, when each of We will begin to understand, as a is that Kermit Gosnell is not an anom- us as Members of Congress swore to de- people and as a country, that we over- aly; he is just the face of this lucrative fend and uphold the Constitution of the look them, that somehow these little enterprise of murdering pain-capable United States, we put our hand, as we forgotten children of God just escaped unborn children in America. swore to do that, to support and defend our notice. More than 18,000 very late-term abor- the Constitution. With all of the new technologies and tions are occurring in America every We didn’t say that we will support all the new ways that we do things, Mr. year. It places the mothers at exponen- and defend the Constitution if the Su- Speaker, I foresee a day when we will tially greater risk, and it subjects their preme Court says it is all right. We be able to have such a clear look into pain-capable babies to torture and said we would do that. The Founding the lives of these little children, and death without anesthesia. This, in the Fathers knew that there had to be this we will see this as we have so many land of the free and the home of the tension between the three branches of times before in past days, where there brave. government and that each one of those was a victim and no one was really According to the Bartlett study, a branches had a responsibility and a paying much attention to them. woman seeking an abortion at 20 weeks sworn oath to defend the Constitution I hope that, somehow, we can con- is 35 times more likely to die from an the best they knew how on their own. sider our own history and back up a lit- abortion than she was in the first tri- Certainly, we give deference to opin- tle bit and say, You know, we don’t mester; at 21 weeks or more, she is 91 ions of the Court on cases, but if this have to continue to let ourselves be times more likely to die than she was body says that the Supreme Court is blind. in the first trimester. the ultimate arbiter of the Constitu- Mr. Speaker, for too long, a great Regardless of how supporters of abor- tion, then we have to quit taking that shadow has loomed over America. More tion on demand might try to suppress oath. than 42 years ago, the tragedy called it, it is undisputed and universally ac- If this body says that the Supreme Roe v. Wade was first handed down. cepted by every credible expert that Court is the ultimate arbiter because Since then, because of that decision, the risk to a mother’s health from of their ability and the power that we the very foundation of this Nation has abortion increases as gestation in- would ostensibly give them to answer been stained by the blood of more than creases. There is no valid debate on all constitutional questions, if we say 55 million of its own little children. that incontrovertible reality. that, then, Mr. Speaker, we can go out- Exactly 2 years ago today, one Supporters of abortion on demand side here and board these windows Kermit Gosnell was convicted of kill- have also tried for decades to deny that shut, and the Congress can go home, ing a mother and murdering innocent, unborn children ever feel pain, even and we can finally quit pretending to late-term, pain-capable babies in this those, they say, at the beginning of the be that great Republic that the Found- grisly torture chamber they called an sixth month of pregnancy, as if some- ing Fathers dreamed of because we will abortion clinic. how the ability to feel pain magically have become, at that time, a judicial Now, when authorities entered the develops the very second the child is oligarchy, where unelected judges have clinic of Dr. Gosnell, they found a tor- born. arrogated unto themselves the power ture chamber for little babies that de- Mr. Speaker, almost every major civ- to answer really all legal questions, fies description within the constraints ilized nation on this Earth protects and then this magnificent dream that of the English language. pain-capable babies at this age, and the Founding Fathers had would be vi- According to the grand jury report— every credible poll of the American tiated completely. now, this is a quote from the grand people shows that they are overwhelm- I just, somehow, hope that we under- jury report, Mr. Speaker: ‘‘Dr. Kermit ingly in support of protecting these stand that the Supreme Court of the Gosnell had a simple solution for un- children. Yet we have given these little United States is a critically important wanted babies. He killed them. He babies less legal protection from un- part of our Republic, but it is not the didn’t call it that. He called it ‘ensur- necessary pain and cruelty than the sole arbiter of the Constitution. Again, ing fetal demise.’ The way he ensured protection we have given farm animals if it is, the Republic is dead. fetal demise was by sticking scissors in under the Federal Humane Slaughter Mr. Speaker, today, we debated the the back of the baby’s neck and cutting Act. It is a tragedy that beggars ex- Pain-Capable Unborn Child Protection the spinal cord. He called it ‘snipping.’ pression. Act, and it kind of occurs to me that Over the years, there were hundreds of But today, Mr. Speaker, I am filled we have had to parse this out in ways ’snippings.’ ’’ with hope. The winds of change are be- that the opposition could finally under- Ashley Baldwin, one of Dr. Gosnell’s ginning to blow, and the tide of blind- stand. employees, said she saw babies breath- ness and blood is finally beginning to The Pain-Capable Unborn Child Pro- ing, and she described one as 2 feet long turn in America. Because today, Mr. tection Act doesn’t protect any chil- that no longer had eyes or a mouth Speaker, we voted to pass the Pain-Ca- dren in the first 5 months, even though but, in her words, was making like this pable Unborn Child Protection Act in I think they should be protected; and, ‘‘screeching’’ noise, and it ‘‘sounded this Chamber. if we don’t protect them, then what like a little alien.’’ And no matter how it is shouted will we find, in terms of political cour- For God’s sake, Mr. Speaker, is this down or what distortions or deceptive age, to protect any kind of liberty for who we truly are? what-ifs or distractions or diversions anyone? Kermit Gosnell now rightfully sits in or gotchas, twisting of words, changing This act today only protected chil- prison for killing a mother and mur- the subject, or blatant falsehoods the dren beginning at the sixth month dering innocent children, just like the abortion industry hurls at this bill and until birth. Now, that shouldn’t be a one I described; yet there was and is no its supporters, this bill and its passage hard question. That it got any dis- Federal protection for any of them. today are a deeply sincere effort—be- senting votes is a disgrace that beggars If Dr. Gosnell had killed these little ginning at the sixth month of preg- my ability to express. pain-capable babies only 5 minutes ear- nancy—to protect both mothers and I truly believe that those who voted lier and before they had passed through their pain-capable unborn babies from against a bill that would simply have the birth canal, it would have all been the atrocity of late-term abortion on protected children in the sixth month, perfectly legal in many of the United demand; and ultimately, it is a bill beginning at the sixth month and be- States of America. that all humane Americans will sup- yond, that when they lay their head port when they truly understand it for down on that pillow in the nursing b 1915 themselves. home, if there is any conscience re- Mr. Speaker, we may have sanitized The voices who have hailed the mer- maining, that there will be great regret Gosnell’s clinic, but we can never sani- ciless killing of these little ones as for such a vote because, in coming tize the horror and inhumanity forced freedom of choice will now only grow years, I believe that we will understand upon the tiny little victims. And if louder, especially the ones who profit more and more how real and how there is one thing that we must not from it most. When we hear those human these little babies really are. miss about this unspeakable episode, it voices, we should all remember the

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.093 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2951 quote of President Abraham Lincoln, The phrase in the Fifth Amendment So, Mr. Speaker, let me close with a when he said: ‘‘Those who deny free- capsulizes our entire Constitution. It final contribution and wise counsel dom to others, deserve it not for them- says, no person shall ‘‘be deprived of from Abraham Lincoln that I believe so selves; and, under a just God, can not life, liberty, or property, without due desperately applies to all of this in this long retain it.’’ process of law.’’ moment. He said: ‘‘Fellow citizens, we Mr. Speaker, for the sake of all of And the 14th amendment says no cannot escape history. We of this Con- those who founded and built this Na- State ‘‘deny to any person within its gress and this administration will be tion and dreamed of what America jurisdiction the equal protection of the remembered in spite of ourselves. No could someday be, and for the sake of laws.’’ personal significance or insignificance all of those since then who have died in Mr. Speaker, protecting the lives of can spare one or another of us. The darkness so Americans could walk in all Americans and their constitutional fiery trial through which we pass will the light of freedom, it is so very im- rights, especially those who cannot light us down, in honor or dishonor, to portant that those of us who are privi- protect themselves, is why we are all the latest generation.’’ leged to be Members of the United here. It is why we came to Congress. Mr. Speaker, the passage of H.R. 36 States Congress pause from time to You know, not long ago, I heard will be remembered. It will be consid- time and remind ourselves of why we Barack Obama speak very noble and ered in the annals of history and, I be- are really all here. Do we still hold poignant words that, whether he real- lieve, in the counsels of eternity. these truths to be self-evident? izes it or not, so profoundly apply to Protecting little pain-capable unborn You know, Mr. Speaker, I think this subject. Let me quote excerpted children and their mothers is not a Re- sometimes we forget the majestic portions of his comments. publican issue. It is not a Democrat He said: ‘‘This is our first task, car- words of the Declaration of Independ- issue. It is a basic test of our humanity ing for our children. It’s our first job. If ence: ‘‘We hold these truths to be self- and who we are as a human family. we don’t get that right, we don’t get evident, that all men are created equal, Today we began to open our eyes and anything right. That’s how, as a soci- that they are endowed by their Creator allow our consciences to catch up with ety, we will be judged.’’ with certain unalienable rights, that President Obama asked: ‘‘Are we our technology. Today Members of the among these are life, liberty, and the really prepared to say that we’re pow- United States Congress began to open pursuit of happiness—that to secure erless in the face of such carnage, that their hearts and their souls to remind these rights, governments are insti- the politics are too hard? Are we pre- themselves that protecting those who tuted among men.’’ pared to say that such violence visited cannot protect themselves is why we Oh, I wish so desperately that every on our children year after year after are really all here. Member of Congress could truly absorb year is somehow the price of our free- I hope, Mr. Speaker, that it sparks a those words in their hearts because it dom?’’ little thought in the minds of all Amer- is very clear that it is almost a theo- The President also said: ‘‘Our jour- icans so that we might all open our logical statement because it recognizes ney is not complete until all our chil- eyes and our hearts to the humanity of all of us to be created in the image of dren . . . are cared for and cherished these little unborn children of God and God, that we are created. And that and always safe from harm.’’ the inhumanity of what is being done makes all the difference, Mr. Speaker, ‘‘That is our generation’s task,’’ he to them. because if we are created, if we have a said, ‘‘to make these words, these I don’t know if that will happen or purpose, if there is something miracu- rights, these values of life and liberty not. But, Mr. Speaker, as of today, lous about this magnificent gift of life, and the pursuit of happiness real for when we passed the Pain-Capable Un- then we all should pay very close at- every American.’’ born Child Protection Act, we have tention to what that purpose is. And if Mr. Speaker, never have I so deeply come a step closer, and for that, I am our rights don’t come from govern- agreed with any words ever spoken by grateful. ment, if they don’t come from the hand President Barack Obama as those I I yield back the balance of my time. of men, if they, indeed, come from the have just quoted. And how I wish—how f hand of God, then we have a great re- I wish with all of my heart—that Mr. FUTURE FORUM sponsibility to try to protect them Obama and all of us could somehow from one another and for one another. open our hearts and our ears to this in- The SPEAKER pro tempore. Under Mr. Speaker, the Declaration goes on controvertible statement and ask our- the Speaker’s announced policy of Jan- to say: ‘‘That to secure these rights, selves in the core of our souls why his uary 6, 2015, the gentleman from Cali- governments are instituted among words that should apply to all children fornia (Mr. SWALWELL) is recognized for men.’’ That is why we are here. cannot include the most helpless and 60 minutes as the designee of the ma- Mr. Lincoln called upon all of us, Mr. vulnerable of all children. Are there jority leader. Speaker, to remember that magnifi- any children more vulnerable than Mr. SWALWELL of California. Mr. cent Declaration of America’s Found- these little pain-capable unborn babies Speaker, tonight we are back with the ing Fathers and ‘‘their enlightened be- we are discussing today? Future Forum, a group of young Mem- lief that nothing stamped with the di- You know, Mr. Speaker, it seems like bers of Congress here to discuss an vine image and likeness was sent into we are never quite so eloquent as when issue that is near and dear to our the world to be trodden on or degraded we decry the crimes of a past genera- hearts and one that is on the minds of and imbruted by its fellows.’’ tion. But, oh, how we often become so each of us on a daily basis, and that is He reminded those he called pos- staggeringly blind when it comes to the issue of our veterans. terity that when in the distant future facing and rejecting the worst of atroc- We are joined tonight by some Fu- some man, some faction, some interest, ities in our own time. ture Forum members. And we are going should set up the doctrine that some What we are doing to these little ba- to start by asking everyone who is were not entitled to life, liberty, and bies is real, and the President and all watching across the country to tweet the pursuit of happiness that ‘‘their of us here know that in our hearts. at us or find us on Instagram or posterity’’—that is us, Mr. Speaker— Medical science regarding the develop- Facebook under #futureforum to give ‘‘their posterity might look up again to ment of unborn babies beginning at the us your suggestions and your ideas the Declaration of Independence and sixth month of pregnancy now dem- about challenges facing veterans and take courage to renew the battle which onstrates irrefutably that they do, in what we can do here to address it— their Fathers began.’’ fact, experience pain. Many of them #futureforum. Wow. cry and scream as they are killed, but The first person we are going to hear Thomas Jefferson, whose words because it’s amniotic fluid going over from tonight is a veteran himself from marked the beginning of this Nation, the vocal cords instead of air, we don’t the Boston area. He is a first-term said, ‘‘The care of human life and its hear them. Member of Congress who served four happiness, and not its destruction, is Again, Mr. Speaker, it is the greatest tours of duty in Iraq, is a Marine infan- the chief and only object of good gov- human rights atrocity in the United tryman. So I am going to have SETH ernment.’’ States of America today. MOULTON of the Boston area talk about

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.094 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2952 CONGRESSIONAL RECORD — HOUSE May 13, 2015 his experience as a 9/11 veteran and back to that transition. Because if you who has some mental issues. But the what he is hearing in the Boston area are a veteran who can come home and reality is that post-traumatic stress, and what we can do here in Congress. navigate the transition to work in the first of all, is a pretty normal thing to I yield to the gentleman from Massa- civilian sector successfully, because expect after what many veterans have chusetts (Mr. MOULTON). you get the health care that you need, gone through overseas, but it is en- Mr. MOULTON. Thank you, Con- if you have post-traumatic stress— tirely treatable. It shouldn’t be un- gressman SWALWELL. which is an entirely treatable condi- usual to think that someone who went Mr. Speaker, the veterans are coming tion—you get it taken care of. Then through the rigors of combat, the trag- home from our wars, and they want to you can use all those skills and experi- edy of war, would be affected by that. serve again. And that is one of the ences that you had in the military, But we know that we can take care of most amazing things about today’s vet- that leadership training, that experi- that condition and treat it appro- erans and about millennials in general ence performing under the toughest priately, and then veterans can serve is that there is a supreme desire to circumstances on Earth, you will use again when they get back home. serve, to serve their country. that for success in the business world Mr. SWALWELL of California. We You know, one of the toughest jobs and back here at home in whatever you got a question just a moment ago from to get out of college now is not a job in do. Lee Hawn, @LeeAhawn, and he said, investment banking on Wall Street; it But if you don’t make that transition ‘‘How are the new VA Director’s is a job serving in Teach For America. successfully, if you don’t get the health changes coming along?’’ I would ask One of the amazing things that I care that you need to take care of more broadly, what would you like to have found about those who have whatever conditions you have from see in treating post-traumatic stress to served, both in civilian service and vet- your service, then you can literally be- make sure that it is not a stigma in erans from our military services, is come homeless. And that is why this the workforce, and that our veterans that we get out and we actually want transition is so important. are able to seamlessly go from theater to serve again. The point is that veterans have a lot or their service to coming home and Frankly, when I went into the mili- to give back to our country. So I think having a job? Right now we look at the veteran un- tary, I thought I would do my 4 years most Americans understand that we employment rate for those who have and kind of check that box and no one have a moral obligation to take care of served since September 11 and the Iraq would ever question for the rest of my our veterans, that for all they have war, and it is today 6.7 percent. Just life whether I wanted to serve the done for us overseas risking their lives, last year it was as high as 7.2 percent. country again. Yet then I got out and we ought to take care of them when It has been as high as 9.9 percent in the found I really missed it. I missed that they get back. And most Americans get last 2 years, always above what the na- sense of public service, that sense of that. But it is also just a smart invest- tional unemployment rate is. ment. It is a smart investment in our duty, that sense that every single day So what can we do with the VA as we my work impacted the lives of other economy, and it is a smart investment fund and authorize programs there to people. in America’s future to take care of our treat PTSD and make sure veterans So veterans come home, and they veterans. aren’t losing jobs or losing opportuni- Mr. SWALWELL of California. You don’t just want a paycheck. They don’t ties in the workforce? just want a retirement. They don’t just talked a little bit about the leadership Mr. MOULTON. First of all, we need want health care. They want to actu- training that you get when you are a lot of reform at the VA, and this has ally contribute to the country back serving your country in the military. been much publicized across the coun- here at home. But in order to do that, In this job, I had the pleasure of going try. Of course, there are some VA’s they have got to be able to transition to Afghanistan. I went with Mr. KIL- that are doing all right, doing fairly into life back here as a civilian. MER back in August of 2013, and just a well. There are others that are com- couple of weeks ago, I was in Baghdad. b 1930 pletely failing our veterans. It I observed our troops in theater. What shouldn’t matter where you are from That is tough. That is tough today I observed was, of course, the military or where you live. You should be able because many of the basic health care training and the leadership training to go to a VA facility and get the care needs of veterans are not being taken that they are getting, but they are also that you need, the care that you have care of. They are not given the oppor- using everyday software applications earned, and the care that you deserve. tunities to pursue jobs in the private to carry out their duties. A lot of veterans just aren’t seeing sector. So that great opportunity for How do you see their knowledge and that. our Nation’s veterans to serve again is experience with the various tech- Some people ask me how often do I squandered because we are not taking nologies they are using in the field, hear from fellow veterans who are care of them when they get home. how can that translate at home when struggling to get the care that they There are some fascinating statistics they try to go into the workforce? need at the VA. I can tell you I have about how successful veterans are in Mr. MOULTON. We live in an infor- heard from two marines in my second the civilian workforce. Fortune 500 mation economy. You are from Silicon platoon just in the past week. They CEOs are disproportionately veterans. Valley, you represent Silicon Valley. have asked for my help as a new Con- And yet veterans are also dispropor- There is so much need for tech savvy, gressman just getting the access to tionately homeless. So how does that technically trained employees in our care that they need. You shouldn’t happen? workforce. You get extraordinary have to go to your Congressman to be Mr. SWALWELL of California. Mr. training in the military, whether you able to get the care that you need at MOULTON, we asked some of our fol- are in the infantry, you are on the the VA. lowers of Future Forum on Twitter to ground in one of those toughest jobs Some interesting statistics about the chime in with their own thoughts. where your ability to lead in the most VA: the peak of claims from World War Shawn Van Diver of the San Diego difficult circumstances imaginable is I, the year when the most World War I area, a veteran himself critical, or even if you are sitting con- veterans sought care at the VA, was @ShawnJVanDiver, said, ‘‘Let’s lever- trolling a drone back in Arizona and not 1920 or 1925. It was 1969–1969. So age veterans toward rebuilding our in- just understanding how our most ad- that tells us two things. First, it says frastructure.’’ Do you see a role for vanced technology works, if you are that the VA as we know it today was veterans as we try and repair and re- able to manage that, then you are really built to deal with a different build America’s infrastructure? going to be incredibly valuable back generation of veterans, not Iraq and Mr. MOULTON. Absolutely. There is home. Afghanistan veterans, not even Viet- so much that veterans can do back We have got to take care of our vet- nam veterans. The second thing it tells here at home. The point with my story erans to get there. A lot of veterans us is that if the VA can’t take care of about how veterans are disproportion- have post-traumatic stress, and it has Iraq and Afghanistan veterans today, ately successful and yet also dispropor- kind of created this stigma that if you we haven’t even begun to see the begin- tionately homeless, I think it all comes hire a veteran, you might get someone ning of the problem. A lot of Vietnam

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.095 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2953 veterans are just now coming to the leadership in the Future Forum and MOULTON and I were talking about this VA because they realize that their can- your focus on these veterans issues. I earlier, medics, people who serve in the cer or Parkinson’s has to do with the actually represent more veterans than military and they have medical train- Agent Orange exposure they received any Democrat in the United States ing to help others who are wounded or some 40 years ago. Congress. Actually, I think my region get sick, they are having a hard time— So we have a lot of changes to make is a whole lot stronger as a result of and I am hearing this in the Bay at the VA, and I think that the new that because we have men and women Area—when they come home and they Secretary, to the question, is doing a who have served our country who want to work naturally as an EMT or a good job, and he is certainly moving in choose to make the Olympic Peninsula paramedic, and they are finding by and the right direction. But we need radical or the Tacoma area their home. large their training is not being accept- change, and it remains to be seen just Mr. SWALWELL of California. Ap- ed by the local schools or the State re- how effective his work will be. proximately how many veterans do you quirements. Mr. SWALWELL of California. Thank represent? Are you hearing about that? you, Mr. MOULTON. Mr. KILMER. I don’t know the exact Mr. KILMER. Absolutely. A few I am hearing right now from Duncan number, but we have got a slew of years back when I served in the State Neasham @DuncanN, and he said, them. Between Naval Base Kitsap and legislature, I visited Clover Park Tech- #millennial vets stood up when the our joint base, people serve in our area, nical College, which is in the 10th Dis- country needed them. We need those and it is a glorious place to live. So trict of Washington, DENNY HECK’s dis- problem-solvers to run for office and after their service, they choose to trict. When I was in the legislature, I change our cynical politics. make it their home. visited that college, and I was meeting I think he is right, and I am grateful Frankly, my background was work- with a group of students. One said, ‘‘I that you are a colleague of ours, Mr. ing in economic development. When was a battlefield medic, and I wanted MOULTON. Also in the Future Forum we you talk to employers in our region, by to enter the nursing program. My prior have some other post-September 11 vet- and large they get it that the veterans experience didn’t count towards the erans in Congresswoman TULSI bring a lot to the table, that they bring pursuit of that college credential.’’ So GABBARD of Hawaii, Representative a skill set, a unique skill set from their we actually changed our State law re- RUBEN GALLEGO of Arizona, and also prior experience, they bring a work quiring our State colleges and univer- yourself. So thank you for partici- ethic, they bring a sense of patriotism, sities to acknowledge that prior mili- pating this evening. and so our workforce is a stronger tary experience, whether that be in the Mr. MOULTON. I love the question workforce because of the service of medical profession or you talk to folks because we have never had fewer vet- those men and women who want to at- who drove a truck as part of the logis- erans in our Congress in our Nation’s tach into the civilian workforce. tics efforts through the battlefields of history than we do today. I don’t think Certainly, there are some challenges Afghanistan and want to get a com- it should be a litmus test you have to in that regard. That means we ought to mercial driver’s license. We also passed be a veteran to run for Congress, not at be focused on that. For example, em- all. But at a time when we face unprec- a law that directs our State Depart- bracing programs like Helmets to edented challenges across the globe, ment of Licensing to acknowledge that Hardhats, which you heard the ref- when we are involved in so many chal- prior military experience and have it erence earlier to trying to deploy our lenges overseas, that perspective of count towards some of their require- veterans is critically important. We veterans to build up America’s infra- ments for pursuing either a college de- can’t just have the perspective of older structure. gree or a professional license or certifi- It means ensuring that our veterans veterans. We need younger veterans cation. don’t face discrimination when they That is something that I think we too, veterans of the wars in the Middle East, veterans who have had to fight pursue employment. In fact, in my really have to rededicate ourselves to, counterinsurgencies, veterans who State we added military and veteran to ensure, again, that that transition is faced terrorists across the globe. Those status to our State’s nondiscrimina- a smooth one. I did want to share with you that are the challenges that we are figuring tion statute to ensure that when some- some veterans in our area are doing out how to meet in Congress. I think it one was seeking employment that their some pretty cool stuff. I was at the is important that we have the perspec- military status wasn’t used against University of Washington-Tacoma. tive of veterans. them either for the reasons that Mr. So I will tell you, if there are vet- MOULTON suggested around concerns They stood up a veterans incubator for erans out there who are listening to about PTSD or something like that, veterans who are looking to start a this right now, I hope you will consider but also our Guard members and Re- business. One of the businesses that running. We need you. We need new servists who, when we had hearings on was started was from a young veteran, leaders. We need your perspective, and that legislation at the State level, we a guy named Steve Buchanan from my we would love to see you serve the were told, Well, I am concerned about district. And I actually invited him to country again. hiring you because what happens if you the State of the Union because Steve Mr. SWALWELL of California. I get called up again? had a cool idea for a company, and he couldn’t agree with you more. I know That is not right. People who choose made it happen. He worked with his it is an issue that you are very pas- to serve our country, people who fight CFO, who is also a veteran, Chris Shep- sionate about, and I think this is a for our country overseas shouldn’t herd. They hit upon a simple way to richer body because we have veterans have to fight for a job when they come connect veterans with flexible jobs. like you serving it. home. I think that should be a focus of Their idea was to create an online Mr. MOULTON. I am honored to this Congress as well. marketplace for veterans who had serve with you. It also means applauding those firms skills on one side of the equation to Mr. SWALWELL of California. Mr. large and small who make it a priority people who had something that needed KILMER, you and I went to Afghanistan to hire our veterans. We have plenty in to get done, sort of an online market- back in August of 2013. I know you my neck of the woods that have really place for anything from remodeling have a number of servicemembers in made a strong effort to hire veterans. their landscaping to IT work. Anyone your district and people who were serv- Legislatively there are also things can visit their Web site, and you can icemembers. I am just wondering, you that we could and should do to make plug in your task of what you are look- look at this number, 6.7 percent higher sure that those who have served over- ing to get done, and you can find a vet- than what the average unemployment seas and who have served in the mili- eran with those skills and a desire to rate is, and what are you hearing out tary, period, are able to translate the work. It is a great way to give veterans there in the Tacoma area in Wash- experiences and the skills they have a chance to get some flexible work di- ington, and what can we do in Con- learned into a civilian job. rectly from folks who need their help, gress? Mr. SWALWELL of California. On and it is a great platform from the Mr. KILMER. Sure. Well, one, I that one I want to ask you if you could community to show their support for thank you, Mr. SWALWELL, for your expand because I have heard, and Mr. our Nation’s heroes.

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.096 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2954 CONGRESSIONAL RECORD — HOUSE May 13, 2015 Mr. SWALWELL of California. You He further expressed such an excite- to those who served us in post-9/11 are hitting on Stephen Brown ment about the wilderness bill we were wars. @StevBrown__. He asked, ‘‘Can our working on. He said the public lands Mr. SWALWELL of California. I government offer incentives to vet- were a place of healing for veterans. He talked to a number of my veteran erans who want to start small busi- said: If we don’t protect these beautiful groups in Alameda and Contra Costa nesses?’’ He just asked that on Twitter. lands, what the hell did I fight for? Counties at home, and not until I took What do you think about that? Can we It really moved everybody at the en- this job had I heard the phrase of a do more? tire table just to say, do you know ‘‘ghost veteran.’’ Mr. KILMER. Sure. I think it is al- what, that is that part of that Amer- It was explained to me it is the serv- ways good to look at that, whether ican spirit that we derive from the icemember who has come back from that be through our SBA programs and spirit of conservation. Iraq or Afghanistan and has completely the availability of access to capital. It was really one of those moments fallen off the radar. They are not asso- ciated at all with the VA. They are not b 1945 where it made me and those of us working on some of those public land signed up for any of the benefits that One of the things that we are looking issues glad to know that we were help- they are eligible for. They are not par- at doing is focused on businesses who ing to heal some of the veterans that ticipating in the American Legion or hire our veterans; already through had served us under difficult cir- the VFW. things like our procurement process, cumstances overseas. The theory is that, because we have there are some advantages for veteran- Mr. SWALWELL of California. This done such a poor job of fully funding owned businesses, but one of the things week, we are considering the National the VA and giving benefits and time to we are looking at is could you create Defense Authorization Act. We have people who deserve it, having issues an incentive for those who hire a whole done VA funding in the past couple with the hospitals and the back claims, lot of veterans so that they have some weeks. as well as the GI benefits not fully tak- incentive to do that hiring as well. What are you hearing specifically in ing care of people—do you think that Mr. SWALWELL of California. Thank your congressional district about makes people pessimistic when you get you, Mr. KILMER. I appreciate your whether we are taking care of our vet- out of your service and you return to continued participation in Future erans? Especially tonight, we are talk- your community? Is that going to Forum. I know the veterans in your ing specifically about post-9/11 genera- make you more or less willing to par- area are very grateful to have you tion veterans who have just, by and ticipate in some of these programs that standing up on the House floor tonight large, been underemployed at a much we have put out there? to champion their issues and getting Mr. POLIS. I have not heard that higher rate than the rest of the coun- them into the workforce. term before, ‘‘ghost veteran,’’ but I try. Mr. KILMER. We are lucky to have have met so many veterans that meet What are you hearing at home, any them. Thanks so much. that exact definition. stories that you can share? Mr. SWALWELL of California. We I think it is a combination of things. Mr. POLIS. Well, we really need to do are now joined by JARED POLIS of Colo- I think you are right. It is part of the a lot more. That is one of the reasons rado. My question for JARED comes fact that they don’t think they are that I recently introduced a post-9/11 from Ruchit @ruchithmajmudar, and going to get anything anyway because conservation corps bill, which would he says: ‘‘Veterans took care of us. We it has all been cut. It is also part of the need to take care of them.’’ actually help employ some of our post- need that we have and the VA has to What do you think about that? 9/11 veterans to protect our public adapt our veteran-serving institutions Mr. POLIS. I think that is what lands and water, so it can be part of to meet the real-life needs of a new brings us here tonight. It is what their healing and part of making sure generation of veterans. brings champions of veterans issues that our public lands are well main- The truth is the returning 9/11 vet- like DEREK KILMER and yourself and tained. erans are not interested in piles of pa- SETH MOULTON here. This is an oppor- It would help veterans restore and perwork and filling it out. That is un- tunity for us to talk about what we as protect our national, State, and tribal derstandable. They are not interested Democrats want to do to make sure forest parks; coastal areas; wildlife ref- in beating their head against the wall that we honor and support those who uges; and cemeteries—allowing us to to try to get some benefit that they served our country. attack the jobless rate among our re- may or may not get. They have served I had a wilderness roundtable last turning veterans and help address the our country. They have a lot of great week. We had RAU´ L GRIJALVA in town. enormous maintenance backlog at our capacity in them to do great work He is the ranking member of the Nat- national parks. again. ural Resources Committee. We are That is the kind of idea which I think They want our help in enabling them working on designating some of our a lot of veterans get excited about. to be able to live great lives, whether it beautiful public lands in Summit and They want to see something that shows is going back to school under GI Bill— Eagle Counties as wilderness. We were that we deeply respect the work they and, of course, we passed the post-9/11 having a meeting in Vail. Come visit did defending our country, that their GI Bill—whether it is working on Vail. I want everybody to know that work is valued here at home. something like the veterans conserva- Vail is a wonderful place to visit. We It is the absolute wrong message to tion corps that, if my bill passes, it had a roundtable. send when we are slashing veterans would set up, whether it is making sure We had one of the people at it—in ad- benefits; when we are not funding, for they have support to start their own dition to hikers, bikers, a lot of local instance, our new VA hospital that small business as entrepreneurs. merchants that sell equipment, we had needs to be built in Aurora, Colorado; What they don’t want is to wait in a veteran who served in the Middle when we are slashing the benefits that line down at some facility to fill out East. people get beyond the impact of those more forms that may or may not result He got up, and he said that, when he financial dues that they receive. in them getting something, someday. was serving overseas in Afghanistan It is the message they are getting That is really what I hear in so many and he went to a visual display and that somehow, do you know what, in- of the returning post-9/11 veterans that they had the national anthem and what stead of returning to a civilian service in my district really meet the defini- they showed—the images on the screen corps, towards helping job placement, tion of what you are talking about, were not our tall buildings, were not towards the counseling and health sup- ghost veterans. our politicians or our actors; it was our port services we need, we are returning Once they got out, they just didn’t beautiful public lands. to a thankless America. want to deal with what they see as a It was the Grand Canyon; it was the I think that we Democrats want to bureaucratic, out-of-touch apparatus mountains of Colorado; it was the do something about that. That is why that doesn’t give them the support great coasts of California, and that was we have a great package of bills to they need. what he and his fellow servicemembers show that we do honor and respect, and Mr. SWALWELL of California. In the drew their pride from. we want to show that in word and deed GI Bill, it works when we fund it and

VerDate Sep 11 2014 06:26 May 14, 2015 Jkt 049060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.097 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE May 13, 2015 CONGRESSIONAL RECORD — HOUSE H2955 we give opportunity to veterans. It pro- Mr. POLIS. We are coming to Denver back here on the floor and out across vides eligible veterans up to 36 months soon, right? America as the Future Forum, looking of education benefits. Frankly, I think Mr. SWALWELL of California. We out for what is best for millennials and you and I probably would like to see are coming to Denver soon, yes. standing up here in Congress. that greatly expanded to include a full Mr. POLIS. I am looking forward to Mr. Speaker, I yield back the balance education; 1700 colleges and univer- it. of my time. sities are supplemented by post-GI Bill Mr. SWALWELL of California. You f benefits. are going to host us out there in Den- Fifty-one percent of student veterans ver. We are going to make a mile-high RECESS earn their degree from an institution of difference there for young people, and I The SPEAKER pro tempore (Mr. higher education. From 2009–2012, there very much look forward to that. MOOLENAAR). Pursuant to clause 12(a) has been an increase of veterans using At these conversations that we have of rule I, the Chair declares the House their benefits by 67 percent. When we had under the #futureforum, whether in recess subject to the call of the are faced with the question when it they are in the audience or they are Chair. comes to veterans funding or NDAA tweeting at us, what we have learned is Accordingly (at 8 p.m.), the House considerations that we make, should that young people today—veterans and stood in recess. we be expanding the educational oppor- just millennials alike—right now, their f tunities for our veterans, or should we top issues, I believe, from what we have 2300 be reducing it? heard, are student loan debt, access to b Mr. POLIS. I am just so excited and entrepreneurship, equality and making AFTER RECESS honored to represent a district that has sure that we have equal pay for equal The recess having expired, the House two of our State flagship universities: work, as well as climate change. was called to order by the Speaker pro Colorado State University in Fort Col- When it comes to veterans, every au- tempore (Mr. SESSIONS) at 11 o’clock lins—go Rams—and University of Colo- dience we were in front of had a vet- p.m. rado Boulder—go Bucks. eran there, and every audience thought f We have had interns in our office we weren’t doing enough to take care that were only able to attend those in- of our veterans. REPORT ON RESOLUTION PRO- stitutions because of the GI Bill, re- I think the message I want to put out VIDING FOR FURTHER CONSID- turning post-9/11 veterans who were there tonight—and continue the con- ERATION OF H.R. 1735, NATIONAL able to fulfill their dream of getting a versation on social media under DEFENSE AUTHORIZATION ACT higher education at a time where you #futureforum—is we must stand up and FOR FISCAL YEAR 2016 and I know it is increasingly costly to serve our veterans as well as they have Mr. BYRNE, from the Committee on get that education. stood up and served us as a country. My goodness, you Californians pay Rules, submitted a privileged report Mr. POLIS, I will leave it to you for $35,000 a year to come to CU; but even (Rept. No. 114–112) on the resolution (H. any closing thoughts on how we can Res. 260) providing for further consider- our instate folks are paying $9,000 a best serve our veterans. year just to go to college. Not a lot of ation of the bill (H.R. 1735) to authorize Mr. POLIS. Well, I just wanted to appropriations for fiscal year 2016 for families can afford that in discre- add, again, particularly in the West, in tionary income when you add in food military activities of the Department districts like mine, many veterans who of Defense and for military construc- and lodging and everything else. have settled in Eagle and Summit Those who have served our country tion, to prescribe military personnel Counties or in the Boulder area really are able to avail themselves of this tre- strengths for such fiscal year, and for have seen their experiences and inter- mendous opportunity, the GI Bill. We other purposes, which was referred to actions with the outdoors and our envi- need to renew our commitment to the House Calendar and ordered to be those folks. We need to make sure that ronment as an important part of their printed. healing experience. it is there to fund their education, in f That is why we see such great sup- an increasingly costly educational en- LEAVE OF ABSENCE vironment, that they can have the port for a number of nonprofits that skills they need. help get veterans out hiking and By unanimous consent, leave of ab- I would like to see more ways where biking; why the young veterans, in sence was granted to: they can get credit for some of the turn, are strong supporters of wilder- Mr. BRADY of Pennsylvania (at the skills they learned in the military. ness proposals; and why I think so request of Ms. PELOSI) for today (sec- Some of those convey over and appro- many returning veterans would benefit ond series) on account of official busi- priately should be granted credit at in- from a veterans conservation corps ness. stitutions of higher education, so there that really got them out there working Mrs. CAPPS (at the request of Ms. is a lot more we can do. with their hands and their hearts, pre- PELOSI) for May 12 through May 21 on So many veterans that I have serving some of that same natural her- account of medical reasons. interacted with on both campuses are itage that, when they saw displayed on f just so grateful. I want to make sure the movie screen while our national ENROLLED BILLS SIGNED that we defend and I know Democrats anthem played in Afghanistan or Iraq, here are standing in the line of defense gave them the inspiration that they Karen L. Haas, Clerk of the House, of the post-9/11 GI Bill. needed to be able to continue to serve reported and found truly enrolled bills Mr. SWALWELL of California. Oth- our country so well for another day. of the House of the following titles, ers that were in the last Congress—and Mr. SWALWELL of California. Thank which were thereupon signed by the I was a big supporter of the Veteran you, Mr. POLIS. Thank you, Mr. Speaker: Employment Transition Act that made MOULTON, a veteran himself. Also, H.R. 651. An act to designate the facility of permanent the work opportunity tax thank you to Mr. KILMER. the United States Postal Service located at credit for qualified veterans and also The Future Forum, we will be back 820 Elmwood Avenue in Providence, Rhode the Troop Talent Act by our colleague, in a few weeks talking about a variety Island, as the ‘‘Sister Ann Keefe Post Of- fice’’. a veteran herself, TAMMY DUCKWORTH, of issues that are facing young people; but this is not us talking to you. As H.R. 1075. An act to designate the United which would direct the Department of States Customs and Border Protection Port Defense to make information on civil- you saw tonight, I read a number of of Entry located at First Street and Pan ian credentialing opportunities avail- tweets live here on the House floor and American Avenue in Douglas, Arizona, as the able to members of the Armed Forces was tweeting as we were having this ‘‘Raul Hector Castro Port of Entry’’. at every stage of their training for oc- conversation. f cupational specialties. Our goal is to talk about the issues, The Future Forum we just launched have a conversation, but really listen ADJOURNMENT last month, we went to New York and to you and what you care about as Mr. BYRNE. Mr. Speaker, I move Boston and San Francisco. millennials. We look forward to being that the House do now adjourn.

VerDate Sep 11 2014 05:00 May 14, 2015 Jkt 049060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K13MY7.099 H13MYPT1 emcdonald on DSK67QTVN1PROD with HOUSE H2956 CONGRESSIONAL RECORD — HOUSE May 13, 2015 The motion was agreed to; accord- Issuance of Letter of Offer and Acceptance to such fiscal year, and for other purposes ingly (at 11 o’clock and 1 minute p.m.), the Government of Japan, pursuant to Sec. (Rept. 114–112). Referred to the House Cal- under its previous order, the House ad- 36(b)(1) of the Arms Export Control Act, Pub. endar. journed until tomorrow, Thursday, L. 94-329, as amended, Transmittal No.: 15-34; f to the Committee on Foreign Affairs. May 14, 2015, at 10 a.m. for morning- 1463. A letter from the Deputy Assistant PUBLIC BILLS AND RESOLUTIONS hour debate. Administrator for Regulatory Programs, Under clause 2 of rule XII, public f NMFS, National Oceanic and Atmospheric bills and resolutions of the following Administration, transmitting the Adminis- titles were introduced and severally re- EXECUTIVE COMMUNICATIONS, tration’s final rule — Fisheries of the Carib- ETC. bean, Gulf of Mexico, and South Atlantic; ferred, as follows: Under clause 2 of rule XIV, executive Reef Fish Fishery of the Gulf of Mexico; By Mr. KEATING (for himself, Mr. communications were taken from the Amendment 40 [Docket No.: 140818679-5356-02] MCCAUL, and Mr. ENGEL): H.R. 2285. A bill to improve enforcement Speaker’s table and referred as follows: (RIN: 0648-BE47) received May 12, 2015, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee against trafficking in cultural property and 1455. A letter from the Associate Adminis- on Natural Resources. prevent stolen or illicit cultural property trator, Agricultural Marketing Service, 1464. A letter from the Assistant Adminis- from financing terrorist and criminal net- Fruit and Vegetable Program, Department of trator for Fisheries, NMFS, Office of Sus- works, and for other purposes; to the Com- Agriculture, transmitting the Department’s tainable Fisheries, National Oceanic and At- mittee on Ways and Means, and in addition final rule — Irish Potatoes Grown in Colo- mospheric Administration, transmitting the to the Committees on Homeland Security, rado and Imported Irish Potatoes; Relax- Administration’s final rule — Fisheries of and the Judiciary, for a period to be subse- ation of the Handling Regulation for Area the Caribbean, Gulf of Mexico, and South At- quently determined by the Speaker, in each No. 2 and Import Regulations [Doc. No.: lantic; Reef Fish Fishery of the Gulf of Mex- case for consideration of such provisions as AMS-FV-13-0073; FV13-948-3 FR] received ico; Red Grouper Recreational Management fall within the jurisdiction of the committee May 12, 2015, pursuant to 5 U.S.C. Measures [Docket No.: 150105013-5291-02] concerned. 801(a)(1)(A); to the Committee on Agri- (RIN: 0648-BE62) received May 12, 2015, pursu- By Mr. COOK: culture. ant to 5 U.S.C. 801(a)(1)(A); to the Committee H.R. 2286. A bill to amend title 38, United 1456. A letter from the Associate Adminis- on Natural Resources. States Code, to establish a priority for the trator, Agricultural Marketing Service, 1465. A letter from the Deputy Assistant Secretary of Veterans Affairs in processing Fruit and Vegetable Program, Department of Administrator for Regulatory Programs, certain claims for compensation; to the Agriculture, transmitting the Department’s NMFS, Office of Sustainable Fisheries, Na- Committee on Veterans’ Affairs. affirmation of interim rule as final rule — tional Oceanic and Atmospheric Administra- By Mr. MULVANEY (for himself and Avocados Grown in South Florida and Im- tion, transmitting the Administration’s final Ms. SINEMA): ported Avocados; Change in Maturity Re- rule — Pacific Island Fisheries; Pacific Re- H.R. 2287. A bill to require the National quirements [Doc. No.: AMS-FV-14-0051; FV14- mote Islands Marine National Monument Ex- Credit Union Administration to hold public 915-1 FIR] received May 12, 2015, pursuant to pansion [Docket No.: 141110950-5227-02] (RIN: hearings and receive comments from the 5 U.S.C. 801(a)(1)(A); to the Committee on 0648-BE63) received May 12, 2015, pursuant to public on its budget, and for other purposes; Agriculture. 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Financial Services. 1457. A letter from the Associate Adminis- Natural Resources. By Mr. GOODLATTE: trator, Agriculture Marketing Service, Fruit H.R. 2288. A bill to remove the use restric- 1466. A letter from the Project Manager, and Vegetable Programs, Department of Ag- tions on certain land transferred to Rocking- Office of Policy and Strategy, Department of riculture, transmitting the Department’s in- ham County, Virginia, and for other pur- Homeland Security, transmitting the De- terim rule — Irish Potatoes Grown in South- poses; to the Committee on Natural Re- partment’s final rule — Employment Au- eastern States; Suspension of Marketing sources. thorization for Certain H-4 Dependent Order Provisions [Doc. No.: AMS-FV-14-0011; By Mr. CONAWAY (for himself, Mr. Spouses [CIS No.: 2501-10; DHS Docket No.: FV14-953-1 IR] received May 12, 2015, pursu- AUSTIN SCOTT of Georgia, and Mr. USCIS-2010-0017] (RIN: 1615-AB92) received ant to 5 U.S.C. 801(a)(1)(A); to the Committee DAVID SCOTT of Georgia): May 12, 2015, pursuant to 5 U.S.C. on Agriculture. H.R. 2289. A bill to reauthorize the Com- 801(a)(1)(A); to the Committee on the Judici- 1458. A letter from the Associate Adminis- modity Futures Trading Commission, to bet- ary. trator, Fruit and Vegetable Program, Pro- ter protect futures customers, to provide 1467. A letter from the ICE Regulatory Co- motion and Economics Division, Agricul- end-users with market certainty, to make ordinator, ICE Office of Policy, Regulatory tural Marketing Service, Department of Ag- basic reforms to ensure transparency and ac- Division, Department of Homeland Security, riculture, transmitting the Department’s countability at the Commission, to help transmitting the Department’s final rule — final rule — Honey Packers and Importers farmers, ranchers, and end-users manage Adjustments to Limitations on Designated Research, Promotion, Consumer Education risks, to help keep consumer costs low, and School Official Assignment and Study by F- and Information Order; Assessment Rate In- for other purposes; to the Committee on Ag- 2 and M-2 Nonimmigrants [DHS Docket No.: crease [Doc. No.: AMS-FV-14-0045] received riculture. ICEB-2011-0005] (RIN: 1653-AA63) received May 12, 2015, pursuant to 5 U.S.C. By Mr. CHABOT (for himself, Mr. May 11, 2015, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- FRANKS of Arizona, Mr. FORBES, Mr. 801(a)(1)(A); to the Committee on the Judici- culture. KING of Iowa, Mr. ROSKAM, Mr. ary. 1459. A letter from the Acting Under Sec- PETERSON, Mr. MARINO, and Mr. 1468. A letter from the Assistant Attorney retary, Personnel and Readiness, Depart- KLINE): ment of Defense, transmitting a letter stat- General, Office of Legislative Affairs, De- H.R. 2290. A bill to amend the Volunteer ing authorization for 15 officers to wear the partment of Justice, transmitting the De- Organization Protection Act of 1997, to pro- insignia of the grade of major general or partment’s Office of Privacy and Civil Lib- vide for liability protection for organizations brigadier general, as indicated, in accord- erties Activities Quarterly Report covering or entities; to the Committee on the Judici- ance with 10 U.S.C. 777; to the Committee on April 1, 2014 through June 30, 2014, pursuant ary. Armed Services. to Sec. 803 of the Implementing Rec- By Mr. LARSEN of Washington (for ommendations of the 9/11 Commission Act of 1460. A letter from the Director, Office of himself and Mr. THORNBERRY): Legislative Affairs, Federal Deposit Insur- 2007, Pub. L. 110-53, 121 Stat. 266, 361-62 (codi- H.R. 2291. A bill to amend title 38, United ance Corporation, transmitting the Corpora- fied at 42 U.S.C. 2000ee-1(f)); to the Com- States Code, to make permanent the author- tion’s final rule — Restrictions on Sale of mittee on the Judiciary. ity of the Secretary of Veterans Affairs to Assets of a Failed Institution by the Federal f transport individuals to and from facilities Deposit Insurance Corporation (RIN: 3064- of the Department of Veterans Affairs in AE26) received May 12, 2015, pursuant to 5 REPORTS OF COMMITTEES ON connection with rehabilitation, counseling, U.S.C. 801(a)(1)(A); to the Committee on Fi- PUBLIC BILLS AND RESOLUTIONS examination, treatment, and care, and for nancial Services. Under clause 2 of rule XIII, reports of other purposes; to the Committee on Vet- 1461. A letter from the Director, Defense committees were delivered to the Clerk erans’ Affairs. Security Cooperation Agency, Department of By Mr. OLSON (for himself, Mr. GENE for printing and reference to the proper Defense, transmitting notice of Proposed GREEN of Texas, Mr. DOLD, and Mr. Issuance of Letter of Offer and Acceptance to calendar, as follows: DANNY K. DAVIS of Illinois): Norway, pursuant to Sec. 36(b)(1) of the Arms Mr. BYRNE: Committee on Rules. House H.R. 2292. A bill to amend title XVIII of the Export Control Act, Pub. L. 94-329, as amend- Resolution 260. Resolution providing for fur- Social Security Act to preserve access to re- ed, Transmittal No.: 15-31; to the Committee ther consideration of the bill (H.R. 1735) to habilitation innovation centers under the on Foreign Affairs. authorize appropriations for fiscal year 2016 Medicare program; to the Committee on 1462. A letter from the Director, Defense for military activities of the Department of Ways and Means, and in addition to the Com- Security Cooperation Agency, Department of Defense and for military construction, to mittee on Energy and Commerce, for a pe- Defense, transmitting notice of Proposed prescribe military personnel strengths for riod to be subsequently determined by the

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Speaker, in each case for consideration of Mr. FRANKS of Arizona, Mr. TIPTON, Energy and Commerce, for a period to be such provisions as fall within the jurisdic- Mr. WEBSTER of Florida, Mr. WEST- subsequently determined by the Speaker, in tion of the committee concerned. MORELAND, Mr. RIGELL, Mr. LAMBORN, each case for consideration of such provi- By Mr. SMITH of Texas (for himself, Mr. HUIZENGA of Michigan, Mr. sions as fall within the jurisdiction of the Mr. DEUTCH, Mr. MARINO, Mr. BLU- OLSON, Mr. PERRY, Mr. YOHO, Mr. committee concerned. MENAUER, Mr. CHABOT, Mr. COHEN, AMODEI, Mr. ROTHFUS, Mr. STEWART, By Mr. HARDY: Mr. MEEHAN, Mr. NADLER, and Mr. Mr. ROUZER, Mr. GUINTA, Mrs. BLACK, H.R. 2307. A bill to validate final patent FRANKS of Arizona): Mr. JENKINS of West Virginia, Mr. number 27-2005-0081, and for other purposes; H.R. 2293. A bill to revise section 48 of title DESJARLAIS, Mrs. HARTZLER, Mr. to the Committee on Natural Resources. 18, United States Code, and for other pur- HECK of Nevada, Mr. MILLER of Flor- By Mr. HARDY: poses; to the Committee on the Judiciary. ida, Mr. MULVANEY, Mr. RIBBLE, Mr. H.R. 2308. A bill to designate a peak lo- By Mr. SEAN PATRICK MALONEY of RICE of South Carolina, Mr. ROE of cated in Nevada as ‘‘Mount Reagan’’; to the New York: Tennessee, Mr. ROSKAM, Mr. Committee on Natural Resources. H.R. 2294. A bill to amend title 38, United WENSTRUP, Mr. WILSON of South By Mr. ISRAEL (for himself, Ms. JUDY States Code, to make memorial headstones Carolina, Mr. WOODALL, Mr. YODER, CHU of California, Ms. HAHN, Mr. and markers available for purchase on behalf Mr. PEARCE, Mr. HARPER, Mr. BLUMENAUER, Mr. SWALWELL of Cali- of members of reserve components who per- MCCLINTOCK, Mr. GOWDY, and Mr. fornia, Ms. SCHAKOWSKY, Ms. TSON- formed inactive duty training or active duty GOODLATTE): GAS, Mr. ELLISON, Ms. WASSERMAN for training but did not serve on active duty; H.R. 2300. A bill to provide for incentives SCHULTZ, Mr. PETERS, Mr. SEAN PAT- to the Committee on Veterans’ Affairs. to encourage health insurance coverage, and RICK MALONEY of New York, Mr. GRI- By Mr. MACARTHUR (for himself and for other purposes; to the Committee on En- JALVA, Ms. CLARKE of New York, Mrs. Mr. RICHMOND): ergy and Commerce, and in addition to the DAVIS of California, Mrs. CAROLYN B. H.R. 2295. A bill to amend the Mineral Committees on Ways and Means, Education MALONEY of New York, Mr. DELANEY, Leasing Act to require the Secretary of the and the Workforce, the Judiciary, Natural Mr. POLIS, Mr. FATTAH, Mr. Interior to identify and designate National Resources, House Administration, Rules, Ap- CICILLINE, Mr. SHERMAN, Mr. CON- Energy Security Corridors for the construc- propriations, and Oversight and Government NOLLY, Ms. SPEIER, Ms. NORTON, Mr. tion of natural gas pipelines on Federal land, Reform, for a period to be subsequently de- CA´ RDENAS, Mr. RANGEL, Ms. and for other purposes; to the Committee on termined by the Speaker, in each case for DELBENE, Mrs. WATSON COLEMAN, Mr. Natural Resources. consideration of such provisions as fall with- TED LIEU of California, Ms. LEE, Mr. By Mr. CARTWRIGHT (for himself, Ms. in the jurisdiction of the committee con- FARR, Mr. LANGEVIN, Ms. PINGREE, CLARK of Massachusetts, Mr. CON- cerned. Ms. WILSON of Florida, Mr. HIMES, NOLLY, Mr. DELANEY, Ms. ESTY, Mr. By Mr. CLEAVER (for himself, Mr. Mr. MCDERMOTT, Ms. ADAMS, Mr. GRIJALVA, Mr. HIMES, Ms. KUSTER, CLAY, Mr. GRAVES of Missouri, Mrs. POCAN, Mr. NADLER, Mr. LOWENTHAL, Ms. NORTON, Mr. POCAN, Ms. TSON- HARTZLER, Mrs. WAGNER, Mr. Mr. CROWLEY, and Ms. ROYBAL- GAS, and Mr. VARGAS): HUFFMAN, Mr. LUETKEMEYER, Mr. ALLARD): H.R. 2296. A bill to establish a Financing LONG, and Mr. SMITH of Missouri): H.R. 2309. A bill to amend the Equal Credit Energy Efficient Manufacturing Program in H.R. 2301. A bill to designate Union Station Opportunity Act to prohibit discrimination the Department of Energy to provide finan- in Washington, DC, as the ‘‘Harry S. Truman on account of sexual orientation or gender cial assistance to promote energy efficiency Union Station’’; to the Committee on Trans- identity when extending credit; to the Com- and onsite renewable technologies in manu- portation and Infrastructure. mittee on Financial Services. facturing and industrial facilities; to the By Mr. COHEN (for himself and Mr. By Ms. MICHELLE LUJAN GRISHAM Committee on Energy and Commerce. CLAY): of New Mexico: By Mr. ROYCE (for himself, Mr. ENGEL, H.R. 2302. A bill to require that States re- H.R. 2310. A bill to amend the Internal Rev- Mr. MEADOWS, Mr. DEUTCH, and Mr. ceiving Byrne JAG funds to require sensi- enue Code of 1986 to provide a standard home ZELDIN): tivity training for law enforcement officers office deduction; to the Committee on Ways H.R. 2297. A bill to prevent Hezbollah and of that State and to incentivize States to and Means. associated entities from gaining access to enact laws requiring the independent inves- By Mr. SENSENBRENNER: international financial and other institu- tigation and prosecution of the use of deadly H.R. 2311. A bill to expand the research ac- tions, and for other purposes; to the Com- force by law enforcement officers, and for tivities of the National Institutes of Health mittee on Foreign Affairs, and in addition to other purposes; to the Committee on the Ju- with respect to functional gastrointestinal the Committee on Financial Services, for a diciary. and motility disorders, and for other pur- period to be subsequently determined by the By Ms. DELAURO (for herself, Ms. poses; to the Committee on Energy and Com- Speaker, in each case for consideration of SLAUGHTER, Mr. RANGEL, and Ms. merce. such provisions as fall within the jurisdic- SPEIER): By Mr. SIMPSON: tion of the committee concerned. H.R. 2303. A bill to amend the Federal Meat H.R. 2312. A bill to amend the Wild and By Mr. BILIRAKIS (for himself, Mr. Inspection Act, the Poultry Products Inspec- Scenic Rivers Act to authorize the Secretary BEN RAY LUJA´ N of New Mexico, and tion Act, and the Egg Products Inspection of Agriculture to maintain or replace certain Mr. LONG): Act to provide that meat, poultry, and egg facilities and structures for commercial H.R. 2298. A bill to amend title XVIII of the products containing certain pathogens or recreation services at Smith Gulch in Idaho, Social Security Act to provide for programs contaminants are adulterated, and for other and for other purposes; to the Committee on to prevent prescription drug abuse under purposes; to the Committee on Agriculture. Natural Resources. parts C and D of the Medicare program; to By Mr. FARENTHOLD (for himself, By Mr. SMITH of New Jersey: the Committee on Energy and Commerce, Ms. ESHOO, Mr. ISSA, Mr. FRANKS of H.R. 2313. A bill to amend the Public and in addition to the Committee on Ways Arizona, and Mr. POLIS): Health Service Act to enhance and expand and Means, for a period to be subsequently H.R. 2304. A bill to amend title 28, United infrastructure and activities to track the ep- determined by the Speaker, in each case for States Code, to create a special motion to idemiology of hydrocephalus, and for other consideration of such provisions as fall with- dismiss strategic lawsuits against public par- purposes; to the Committee on Energy and in the jurisdiction of the committee con- ticipation (SLAPP suits); to the Committee Commerce. cerned. on the Judiciary. By Mr. SMITH of Washington (for him- By Mr. BILIRAKIS: By Ms. GABBARD: self, Mr. LARSEN of Washington, Ms. H.R. 2299. A bill to amend title XVIII of the H.R. 2305. A bill to reform the Privacy and DELBENE, Mr. DEUTCH, Mr. FOSTER, Social Security Act to provide for site-of- Civil Liberties Oversight Board, and for Mr. QUIGLEY, Mr. O’ROURKE, and Mr. service price transparency under the Medi- other purposes; to the Committee on Over- MCDERMOTT): care program; to the Committee on Energy sight and Government Reform, and in addi- H.R. 2314. A bill to ensure the humane and Commerce, and in addition to the Com- tion to the Committees on the Judiciary, In- treatment of persons detained pursuant to mittee on Ways and Means, for a period to be telligence (Permanent Select), and Home- the Immigration and Nationality Act; to the subsequently determined by the Speaker, in land Security, for a period to be subse- Committee on the Judiciary, and in addition each case for consideration of such provi- quently determined by the Speaker, in each to the Committee on Homeland Security, for sions as fall within the jurisdiction of the case for consideration of such provisions as a period to be subsequently determined by committee concerned. fall within the jurisdiction of the committee the Speaker, in each case for consideration By Mr. TOM PRICE of Georgia (for concerned. of such provisions as fall within the jurisdic- himself, Mr. HENSARLING, Mrs. By Mr. GROTHMAN: tion of the committee concerned. BLACKBURN, Mr. HARRIS, Mr. H.R. 2306. A bill to amend the Internal Rev- By Ms. SPEIER (for herself, Ms. BENISHEK, Mrs. ELLMERS of North enue Code of 1986 to eliminate the marriage ADAMS, Ms. BASS, Mrs. BEATTY, Mr. Carolina, Mr. BUCSHON, Mr. penalty in, and reduce the eligibility limita- BEYER, Mr. BLUMENAUER, Ms. PITTENGER, Mr. MEADOWS, Mr. DUN- tion on, the tax credit for health insurance BONAMICI, Mr. BRENDAN F. BOYLE of CAN of South Carolina, Mr. MCKIN- premiums; to the Committee on Ways and Pennsylvania, Ms. BROWN of Florida, LEY, Mr. THOMPSON of Pennsylvania, Means, and in addition to the Committee on Ms. BROWNLEY of California, Mrs.

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BUSTOS, Mr. CARSON of Indiana, Mrs. aftermath of the April 25, 2015, earthquake; By Mr. OLSON: CAPPS, Mr. CAPUANO, Mr. CA´ RDENAS, to the Committee on Foreign Affairs. H.R. 2292. Mr. CARTWRIGHT, Ms. CASTOR of Flor- f Congress has the power to enact this legis- ida, Ms. JUDY CHU of California, Ms. lation pursuant to the following: CLARK of Massachusetts, Ms. CLARKE CONSTITUTIONAL AUTHORITY Article I, Section 8, Clause 1. of New York, Mr. CLAY, Mr. COHEN, STATEMENT By Mr. SMITH of Texas: H.R. 2293. Mr. CONNOLLY, Mr. CONYERS, Mr. Pursuant to clause 7 of rule XII of COURTNEY, Mr. CUMMINGS, Mrs. DAVIS Congress has the power to enact this legis- the Rules of the House of Representa- of California, Mr. DEFAZIO, Ms. lation pursuant to the following: DEGETTE, Mr. DELANEY, Ms. tives, the following statements are sub- Article I, Section 8, Clause 3, known as the DELAURO, Ms. DELBENE, Mr. mitted regarding the specific powers Commerce Clause, provides Congress with DESAULNIER, Mr. DEUTCH, Mr. DOG- granted to Congress in the Constitu- the authority regulate interstate and foreign GETT, Mr. MICHAEL F. DOYLE of Penn- tion to enact the accompanying bill or commerce. sylvania, Ms. EDWARDS, Mr. ELLISON, joint resolution. By Mr. SEAN PATRICK MALONEY of Mr. ENGEL, Ms. ESHOO, Ms. ESTY, Mr. New York: By Mr. KEATING: FARR, Mr. FOSTER, Ms. FRANKEL of H.R. 2294. H.R. 2285. Florida, Ms. FUDGE, Mr. GARAMENDI, Congress has the power to enact this legis- Congress has the power to enact this legis- Mr. GRAYSON, Mr. GRIJALVA, Mr. lation pursuant to the following: lation pursuant to the following: GUTIE´ RREZ, Ms. HAHN, Mr. HASTINGS, Article I, Section 8 Article 1, Section 8 of the United States By Mr. MACARTHUR: Mr. HECK of Washington, Mr. HIG- Constitution GINS, Mr. HONDA, Mr. HUFFMAN, Mr. H.R. 2295. By Mr. COOK: Congress has the power to enact this legis- ISRAEL, Ms. EDDIE BERNICE JOHNSON H.R. 2286. of Texas, Mr. JOHNSON of Georgia, lation pursuant to the following: Congress has the power to enact this legis- Article IV, Section 3, Clause 2, ‘‘The Con- Ms. KAPTUR, Mr. KEATING, Ms. KELLY lation pursuant to the following: of Illinois, Mr. KENNEDY, Mr. KILMER, gress shall have power to dispose of and Article I, Sections 8 of the U.S. Constitu- make all needful rules and regulations re- Mr. KIND, Mrs. KIRKPATRICK, Ms. tion KUSTER, Mr. LANGEVIN, Mr. LARSEN specting the territory or other property be- By Mr. MULVANEY: longing to the United States; and nothing in of Washington, Mr. LARSON of Con- H.R. 2287. necticut, Mrs. LAWRENCE, Ms. LEE, this Constitution shall be so construed as to Congress has the power to enact this legis- prejudice any claims of the United States, or Mr. LEVIN, Mr. LOEBSACK, Mr. lation pursuant to the following: LOWENTHAL, Mrs. LOWEY, Ms. of any particular State. Article I, Section 8, Clause 1. ‘‘The Con- By Mr. CARTWRIGHT: MICHELLE LUJAN GRISHAM of New gress shall have Power To lay and collect Mexico, Mr. LYNCH, Mrs. CAROLYN B. H.R. 2296. Taxes, Duties, Imposts and Excises, to pay Congress has the power to enact this legis- MALONEY of New York, Mr. SEAN the Debts and provide for the common PATRICK MALONEY of New York, Ms. lation pursuant to the following: Defence and general Welfare of the United Article 1, Section 8 (relating to the power MATSUI, Ms. MCCOLLUM, Mr. States.’’ of Congress to lay and collect taxes, duties, MCDERMOTT, Mr. MCGOVERN, Mr. Article I, Section 8, Clause 3. ‘‘To regulate imposts and excises, to pay the debts and MCNERNEY, Mr. MEEKS, Ms. MOORE, Commerce . . .’’ provide for the common defense and general Mr. NADLER, Mrs. NAPOLITANO, Mr. Article I, Section 8, Clause 14. ‘‘To make welfare of the United States.) NOLAN, Mr. NORCROSS, Ms. NORTON, Rules for the Government . . .’’ By Mr. ROYCE: Mr. PALLONE, Mr. PASCRELL, Mr. Article I, Section 8, Clause 18. ‘‘To make H.R. 2297. PAYNE, Mr. PERLMUTTER, Mr. all Laws which shall be necessary and proper Congress has the power to enact this legis- PETERS, Mr. PETERSON, Ms. PINGREE, for carrying into Execution the foregoing lation pursuant to the following: Ms. PLASKETT, Mr. POCAN, Mr. PRICE Powers, and all other Powers vested by this Article I, section 8 of the United States of North Carolina, Mr. QUIGLEY, Mr. Constitution in the Government of the Constitution RANGEL, Mr. RICHMOND, Ms. ROYBAL- United States, or in any Department or Offi- By Mr. BILIRAKIS: ALLARD, Mr. RUIZ, Mr. RUPPERS- cer thereof.’’ H.R. 2298. BERGER, Mr. RUSH, Mr. RYAN of Ohio, By Mr. GOODLATTE: Congress has the power to enact this legis- Ms. LINDA T. SA´ NCHEZ of California, H.R. 2288. lation pursuant to the following: Mr. SARBANES, Ms. SCHAKOWSKY, Mr. Congress has the power to enact this legis- Article 1, Section 8, Clause 1: The Congress SCHIFF, Mr. SCHRADER, Mr. SCOTT of lation pursuant to the following: shall have Power To lay and collect Taxes, Virginia, Mr. SHERMAN, Ms. SINEMA, The Property Clause of Article IV, Section Duties, Imposts and Excises, to pay the Mr. SIRES, Ms. SLAUGHTER, Mr. SMITH 3—The Congress shall have the Power to dis- Debts and provide for the common Defence of Washington, Mr. SWALWELL of pose of and make all needful rules and regu- and general Welfare of the United States; but California, Mr. TAKAI, Mr. TAKANO, lation respecting the Territory or other all Duties, Imposts and Excises shall be uni- Mr. THOMPSON of Mississippi, Mr. Property belong to the United States. form throughout the United States; THOMPSON of California, Ms. TITUS, By Mr. CONAWAY: By Mr. BILIRAKIS: Mr. TONKO, Mrs. TORRES, Ms. TSON- H.R. 2289. H.R. 2299. GAS, Mr. VAN HOLLEN, Mr. VARGAS, Congress has the power to enact this legis- Congress has the power to enact this legis- Mr. VEASEY, Mr. WALZ, Mrs. WATSON lation pursuant to the following: lation pursuant to the following: COLEMAN, Mr. WELCH, Ms. WILSON of Pursuant to Article 1, Section 8, Clause 3, Article 1, Section 8, Clause 1: The Congress Florida, Mr. YARMUTH, Mr. AL GREEN Congress has the authority to regulate for- shall have Power To lay and collect Taxes, of Texas, Mr. SERRANO, Mr. CASTRO of eign and interstate commerce. Duties, Imposts and Excises, to pay the Texas, Mr. CICILLINE, Mr. HIMES, Mr. By Mr. CHABOT: Debts and provide for the common Defence CARNEY, and Mr. HINOJOSA): H.R. 2290. and general Welfare of the United States; but H.J. Res. 51. A joint resolution removing Congress has the power to enact this legis- all Duties, Imposts and Excises shall be uni- the deadline for the ratification of the equal lation pursuant to the following: form throughout the United States; rights amendment; to the Committee on the Article 1, Section 8, Clause 3 . . . ‘‘To regu- By Mr. TOM PRICE of Georgia: Judiciary. late Commerce with foreign Nations, and H.R. 2300. By Mr. HONDA (for himself, Ms. among the several States, and with the In- Congress has the power to enact this legis- WASSERMAN SCHULTZ, Ms. NORTON, dian Tribes.’’ lation pursuant to the following: Ms. SCHAKOWSKY, Ms. JUDY CHU of Article I, Section 8, Clause 18 . . . ‘‘To Consistent with the original understanding California, Ms. BORDALLO, Mr. make all Laws which shall be necessary and of the commerce clause, the authority to MCGOVERN, Ms. LEE, Ms. PLASKETT, proper for carrying into Execution the fore- enact this legislation is found in Clause 3 of Mr. AL GREEN of Texas, Mr. TED LIEU going Powers, and all other Powers vested by Section 8, Article 1 of the U.S. Constitution. of California, Ms. DELAURO, Ms. MAX- the Constitution in the Government of the Consistent with Congress’s power to tax, the INE WATERS of California, Ms. MCCOL- United States, or in any Department or Offi- authority to enact this legislation is also LUM, Mr. POLIS, Mr. FARR, Mr. RAN- cer thereof.’’ found in Clause 1 of Section 8, Article 1 of GEL, and Mr. GRAYSON): By Mr. LARSEN of Washington: the U.S. Constitution. H. Res. 261. A resolution expressing the H.R. 2291. By Mr. CLEAVER: sense of the House of Representatives that Congress has the power to enact this legis- H.R. 2301. the United States should work with the Gov- lation pursuant to the following: Congress has the power to enact this legis- ernment of Nepal to ensure that the unique As described in Article 1, Section 1 ‘‘all lation pursuant to the following: needs, vulnerabilities, and capacities of legislative powers herein granted shall be The constitutional authority of Congress women and girls are considered and ad- vested in a Congress of the United States, to enact this legislatioin is provided by Arti- dressed in efforts to provide humanitarian which shall consist of a Senate and House of cle I, Section 8, Clause 18 of the United relief and assistance in reconstruction in the Representatives.’’ States constitution.

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By Mr. COHEN: essary and proper for carrying out the pow- H.R. 921: Mr. THOMPSON of Mississippi, Mr. H.R. 2302. ers vested in Congress), and Article IV, sec- COHEN, Mr. PETERS, Mr. KILMER, Mr. FLORES, Congress has the power to enact this legis- tion 3, clause 2 (relating to the power of Con- Mr. TIPTON, Mr. TOM PRICE of Georgia, Mr. lation pursuant to the following: gress to dispose of and make all needful rules BARLETTA, Mr. HUFFMAN, Mr. JOLLY, Mr. Article I, Section 8 and regulations respecting the territory or RIBBLE, Mr. WALBERG, Mr. ALLEN, Mr. By Ms. DELAURO: other property belonging to the United WESTERMAN, and Mr. MULLIN. H.R. 2303. States).’’ H.R. 923: Mr. MOONEY of West Virginia. Congress has the power to enact this legis- By Mr. SMITH of New Jersey: H.R. 924: Mr. MARCHANT. lation pursuant to the following: H.R. 2313. H.R. 953: Mr. TONKO and Mr. NORCROSS. Article I, Section 8, Clause 18 Congress has the power to enact this legis- H.R. 970: Ms. GRANGER. The Congress shall have Power * * * To lation pursuant to the following: H.R. 971: Mr. SCALISE. make all Laws which shall be necessary and Article I, Section 8, Clause I of the Con- H.R. 973: Ms. KUSTER and Mr. CONYERS. proper for carrying into Execution the fore- stitution. H.R. 980: Mr. ROSKAM. going Powers, and all other Powers vested by By Mr. SMITH of Washington: H.R. 985: Mr. RODNEY DAVIS of Illinois, Mr. the Constitution in the Government of the H.R. 2314. BEN RAY LUJA´ N of New Mexico, Mr. COLE, United States, or in an Department of Offi- Congress has the power to enact this legis- Mr. FATTAH, Ms. WILSON of Florida, Mr. cer thereof. lation pursuant to the following: DESJARLAIS, Mr. COOPER, Mr. KELLY of Penn- By Mr. FARENTHOLD: Article I, Section 8, Clause 18 sylvania, Mr. KENNEDY, Mr. HOLDING, and H.R. 2304. By Ms. SPEIER: Mr. CHABOT. Congress has the power to enact this legis- H.J. Res. 51. H.R. 991: Ms. MCSALLY, and Mr. MILLER of lation pursuant to the following: Congress has the power to enact this legis- Florida. The First Amendment to the Constitution lation pursuant to the following: H.R. 997: Mr. COLLINS of Georgia, Mr. of the United States This bill is enacted pursuant to the power NUGENT, Mrs. BLACKBURN, and Mr. TOM PRICE By Ms. GABBARD: granted to Congress under Article 1, Section of Georgia. H.R. 2305. 8 of the United States Constitution. H.R. 1062: Mrs. BROOKS of Indiana and Ms. Congress has the power to enact this legis- GRANGER. lation pursuant to the following: f H.R. 1073: Mr. DUNCAN of Tennessee. The U.S. Constitution including Article 1, ADDITONAL SPONSORS H.R. 1086: Mrs. BROOKS of Indiana. Section 8. H.R. 1090: Mr. FINCHER and Mr. WILLIAMS. By Mr. GROTHMAN: Under clause 7 of rule XII, sponsors H.R. 1091: Ms. BROWNLEY of California. H.R. 2306. were added to public bills and resolu- H.R. 1096: Mr. CARNEY. Congress has the power to enact this legis- tions, as follows: H.R. 1100: Mr. MILLER of Florida. lation pursuant to the following: H.R. 1101: Mr. YOUNG of Alaska and Mr. H.R. 36: Mr. SCALISE. Article I Section VIII Clause I: The Con- TAKAI. H.R. 151: Mr. ROUZER. gress shall have the power to lay and collect H.R. 1112: Ms. MAXINE WATERS of California H.R. 169: Ms. KUSTER, Mr. SMITH of Mis- taxes, duties, imposts and excises, to pay the and Mr. COSTELLO of Pennsylvania. souri, and Mr. CARTER of Georgia. debts and provide for the common defense H.R. 1116: Mr. MCKINLEY, Mr. GUTHRIE, Mr. H.R. 232: Mr. MOOLENAAR and Mrs. BUSTOS. and general welfare of the United States; but HUNTER, Mr. LOEBSACK, and Mr. WALBERG. H.R. 244: Mr. AUSTIN SCOTT of Georgia. all duties, imposts and excises shall be uni- H.R. 1117: Mr. AMODEI. H.R. 304: Mr. LOWENTHAL, Mr. CICILLINE, form throughout the Unites States. H.R. 1121: Mrs. TORRES, Mr. CLEAVER, and and Ms. CLARK of Massachusetts. Article I Section VII Clause XVIII. To Mr. CARTWRIGHT. H.R. 346: Mrs. NAPOLITANO. make all Laws which shall be necessary and H.R. 1139: Ms. PINGREE. ISHOP proper for carrying into Execution the fore- H.R. 353: Mr. B of Michigan. H.R. 1142: Ms. LOFGREN. going Powers, and all other Powers vested by H.R. 456: Mrs. DINGELL. H.R. 1170: Mr. HIMES. the Constitution in the Government of the H.R. 511: Mr. PETERSON. H.R. 1171: Ms. MCCOLLUM. United States, or in any Department or Offi- H.R. 531: Mr. HUFFMAN. H.R. 1178: Mr. FLORES and Mr. MULLIN. cer thereof. H.R. 532: Mr. GARAMENDI, Mr. O’ROURKE, H.R. 1181: Ms. NORTON. By Mr. HARDY: and Mr. DESAULNIER. H.R. 1188: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 2307. H.R. 540: Mr. FORBES. fornia, Mr. VALADAO, and Mr. HECK of Ne- Congress has the power to enact this legis- H.R. 546: Ms. DUCKWORTH and Mr. DAVID vada. lation pursuant to the following: SCOTT of Georgia. H.R. 1190: Mr. O’ROURKE. ´ ‘‘clause 18 of section 8 of article I of the H.R. 572: Mr. BEN RAY LUJAN of New Mex- H.R. 1192: Mr. ROTHFUS and Mr. TONKO. Constitution’’. ico, Mr. POLIS, and Mrs. RADEWAGEN. H.R. 1197: Mrs. MILLER of Michigan, Mrs. By Mr. HARDY: H.R. 578: Mr. JORDAN. TORRES, Mr. JOHNSON of Georgia, Mr. TROTT, H.R. 2308. H.R. 581: Ms. ESTY. and Mr. JOLLY. Congress has the power to enact this legis- H.R. 592: Ms. DELBENE, Mr. HIGGINS, Mr. H.R. 1210: Mr. SESSIONS, Mr. CRAMER, Mr. lation pursuant to the following: SHUSTER, Mr. BARR, Mr. CRAMER, and Mr. ZELDIN, and Mr. BABIN. ‘‘clause 18 of section 8 of article I of the DUNCAN of Tennessee. H.R. 1211: Mr. FARR and Mr. TAKANO. Constitution’’. H.R. 594: Mr. AUSTIN SCOTT of Georgia. H.R. 1283: Mr. CICILLINE. By Mr. ISRAEL: H.R. 605: Mr. LOEBSACK. H.R. 1299: Mr. ALLEN. H.R. 2309. H.R. 612: Mr. FLORES. H.R. 1300: Mr. BOUSTANY, Mr. MACARTHUR, Congress has the power to enact this legis- H.R. 613: Miss RICE of New York. and Mrs. WATSON COLEMAN. lation pursuant to the following: H.R. 614: Mrs. BROOKS of Indiana. H.R. 1331: Mr. O’ROURKE, Ms. BORDALLO, Article I, Section 8, Clause 3 of the United H.R. 619: Mr. HONDA. and Mr. LOWENTHAL. States Constitution H.R. 649: Ms. FUDGE, Mr. GRIJALVA, Ms. H.R. 1332: Mr. ALLEN. By Ms. MICHELLE LUJAN GRISHAM LOFGREN, Mr. PETERS, Mr. MICHAEL F. DOYLE H.R. 1344: Mrs. BLACKBURN, Mr. CUMMINGS, of New Mexico: of Pennsylvania, Mr. KILMER, Mr. DOGGETT, Mr. ROE of Tennessee, Mr. HARRIS, and Mr. H.R. 2310. and Mr. BEYER. LOEBSACK. Congress has the power to enact this legis- H.R. 686: Mr. LUCAS. H.R. 1371: Mr. PERRY. lation pursuant to the following: H.R. 699: Mr. FOSTER. H.R. 1375: Mr. BEYER and Mr. RUSH. Article 1, Section 8, Clause 18 of the U.S. H.R. 704: Mr. CARTER of Georgia. H.R. 1384: Mrs. LOVE. Constitution H.R. 711: Mr. BOUSTANY. H.R. 1389: Mr. DUNCAN of Tennessee and Mr. By Mr. SENSENBRENNER: H.R. 771: Mr. GUTHRIE. CRAMER. H.R. 2311. H.R. 774: Mr. TAKAI and Mr. DIAZ-BALART. H.R. 1399: Mr. CRENSHAW and Mr. Congress has the power to enact this legis- H.R. 784: Mr. JEFFRIES, Ms. LINDA T. LOWENTHAL. lation pursuant to the following: SA´ NCHEZ of California, Mr. NORCROSS, Mr. H.R. 1421: Mr. VAN HOLLEN and Mrs. WAT- Article I, section 8, clause 1 GRAYSON, and Mr. LOBIONDO. SON COLEMAN. By Mr. SIMPSON: H.R. 789: Mr. LOEBSACK. H.R. 1427: Mr. HONDA. H.R. 2312. H.R. 793: Mr. DUNCAN of Tennessee. H.R. 1431: Mr. DUNCAN of Tennessee. Congress has the power to enact this legis- H.R. 800: Ms. GABBARD. H.R. 1432: Mr. DUNCAN of Tennessee. lation pursuant to the following: H.R. 855: Mrs. BROOKS of Indiana. H.R. 1461: Mr. HUELSKAMP. ‘‘The constitutional authority of Congress H.R. 865: Mr. ALLEN. H.R. 1464: Mr. LEWIS. to enact this legislation is provided by Arti- H.R. 868: Mr. CARTWRIGHT and Mrs. BROOKS H.R. 1466: Ms. GABBARD and Mr. WELCH. cle I, section 8 of the United States Constitu- of Indiana. H.R. 1475: Mr. COLE, Mrs. LAWRENCE, Mr. tion, specifically clause 1 (relating to the H.R. 879: Mr. CHABOT, Mr. JOYCE, Mr. SMITH WILSON of South Carolina, Mrs. BLACKBURN, power of Congress to provide for the general of Missouri, Mr. HULTGREN, and Mr. BISHOP Mr. CARTER of Georgia, Mr. LOUDERMILK, Mr. welfare of the United States) and clause 18 of Michigan. BRADY of Texas, Mr. BABIN, Mr. PITTENGER, (relating to the power to make all laws nec- H.R. 885: Mr. TAKAI. Mr. FRANKS of Arizona, Mr. RICE of South

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Carolina, Mr. DUNCAN of South Carolina, Mr. H.R. 1814: Ms. SCHAKOWSKY, Mr. CICILLINE, H.R. 2135: Mr. RENACCI. HULTGREN, Mr. WALBERG, Mr. ROE of Ten- Mr. MCGOVERN, Ms. LEE, and Ms. SLAUGH- H.R. 2139: Mrs. TORRES. nessee, Mr. NEUGEBAUER, Mr. LAMBORN, Mr. TER. H.R. 2150: Mr. TED LIEU of California and POE of Texas, Mr. WITTMAN, Mrs. HARTZLER, H.R. 1817: Mr. BABIN, Mr. PITTENGER, Mr. Mr. RYAN of Ohio. and Mr. PITTS. RICE of South Carolina, Mr. DUNCAN of South H.R. 2152: Mr. JONES and Ms. ESHOO. H.R. 1493: Mr. VARGAS. Carolina, Mr. WALBERG, Mr. ROE of Ten- H.R. 2156: Mr. QUIGLEY and Mr. HANNA. H.R. 1496: Mrs. BEATTY. nessee, Mr. NEUGEBAUER, Mr. CONAWAY, Mr. H.R. 2177: Mr. CARTWRIGHT. H.R. 1498: Mr. TROTT. POE of Texas, Mr. PITTS, Mr. BRADY of Texas, H.R. 2178: Mr. PALAZZO. H.R. 1516: Ms. DUCKWORTH and Mr. LEWIS. Mr. WILSON of South Carolina, Mrs. BLACK- H.R. 2193: Ms. BROWNLEY of California. H.R. 1519: Mr. HONDA, Ms. MCCOLLUM, and BURN, and Mr. CARTER of Georgia. H.R. 2207: Mr. HENSARLING. Mr. KILMER. H.R. 1818: Mr. QUIGLEY. H.R. 2216: Ms. WASSERMAN SCHULTZ. H.R. 1523: Mr. HULTGREN. H.R. 1821: Mr. JENKINS of West Virginia and H.R. 2230: Mr. PALAZZO. H.R. 1545: Mr. HECK of Nevada. Mr. DOLD. H.R. 2243: Mr. PEARCE and Mr. MULVANEY. H.R. 1550: Ms. KUSTER and Mr. LUETKE- H.R. 1844: Mr. PITTENGER. H.R. 2247: Mr. ROE of Tennessee and Mr. MEYER. H.R. 1852: Mr. CICILLINE. BUCSHON. H.R. 1552: Mr. HUFFMAN and Mrs. NAPOLI- H.R. 1854: Mr. BISHOP of Michigan. H.R. 2248: Mr. MCGOVERN. TANO. H.R. 1861: Mr. KINZINGER of Illinois. H.J. Res. 47: Mr. DEUTCH, Ms. MICHELLE H.R. 1559: Mr. DESAULNIER, Mr. VAN HOL- H.R. 1869: Mr. GRIFFITH. LUJAN GRISHAM of New Mexico, Mr. POLIS, LEN, Ms. DUCKWORTH, and Mr. DEFAZIO. H.R. 1908: Ms. PLASKETT. and Mr. MCGOVERN. H.R. 1568: Ms. LOFGREN and Mr. BISHOP of H.R. 1921: Mr. SWALWELL of California. H. Con. Res. 17: Mr. KATKO and Ms. Michigan. H.R. 1936: Mr. RENACCI. STEFANIK. H.R. 1594: Ms. MCSALLY, Mr. THOMPSON of H.R. 1942: Mr. SMITH of Washington and Mr. H. Con. Res. 19: Mr. HULTGREN. California, Mr. HIMES, and Mrs. NAPOLITANO. VAN HOLLEN. H. Con. Res. 36: Mr. HUFFMAN and Mr. NAD- H.R. 1599: Mr. RIBBLE, Mr. FINCHER, and H.R. 1948: Mr. ISRAEL and Ms. LOFGREN. LER. Mr. COSTA. H.R. 1994: Mr. PETERS, Mr. TOM PRICE of H. Res. 56: Mr. KLINE and Mr. CLEAVER. H.R. 1602: Mr. PAYNE. Georgia, Mr. KLINE, Mr. BOUSTANY, Mr. H. Res. 110: Mr. KIND. H.R. 1605: Mr. BRAT and Mr. YOHO. CRAMER, Ms. MCSALLY, Mrs. MCMORRIS ROD- H. Res. 130: Mr. GUINTA. H.R. 1614: Mr. FORTENBERRY. GERS, Mr. EMMER of Minnesota, Mr. LAM- H. Res. 174: Ms. LOFGREN. H.R. 1624: Mr. WILSON of South Carolina, BORN, Mr. BISHOP of Michigan, Mr. H. Res. 193: Ms. MCSALLY. Mr. BUCSHON, Mr. ROE of Tennessee, Mr. BUCHANAN, and Mr. ZELDIN. H. Res. 208: Ms. ESHOO. WOMACK, and Mr. HANNA. H.R. 2008: Mr. LANGEVIN, Mr. PETERS, Mr. H. Res. 209: Mr. MILLER of Florida. H.R. 1633: Mr. AUSTIN SCOTT of Georgia. HASTINGS, Mr. JONES, and Mr. CARTWRIGHT. H. Res. 210: Mr. KLINE. H.R. 1644: Mr. MCKINLEY, Mr. CRAMER, and H.R. 2025: Mr. FARR and Mr. HONDA. H. Res. 220: Mr. DUNCAN of Tennessee. Mrs. LUMMIS. H.R. 2031: Mr. WEBER of Texas. H. Res. 246: Mr. MCGOVERN. H.R. 1666: Ms. DUCKWORTH. H.R. 2032: Mr. DIAZ-BALART, Mr. NEWHOUSE, H. Res. 248: Mr. SCHWEIKERT. H.R. 1671: Mr. FINCHER, Mr. SESSIONS, Mr. and Mr. MILLER of Florida. H. Res. 253: Mr. WHITFIELD. JODY B. HICE of Georgia, and Mr. SMITH of H.R. 2035: Ms. DELAURO and Ms. NORTON. H. Res. 256: Ms. HAHN and Mr. PAYNE. Texas. H.R. 2046: Mr. RIBBLE. H.R. 1699: Mr. SESSIONS. H.R. 2061: Mr. KELLY of Pennsylvania, Mr. f H.R. 1707: Mr. SWALWELL of California. THOMPSON of Pennsylvania, Mr. SCHIFF, Mr. TONKO, Mr. HUELSKAMP, Mr. KINZINGER of Il- H.R. 1736: Mr. BLUM, Mr. GRAVES of Mis- CONGRESSIONAL EARMARKS, LIM- souri, and Mr. ISRAEL. linois, Ms. KUSTER, Mr. FLORES, and Mr. H.R. 1737: Mr. KIND and Mr. MACARTHUR. RUIZ. ITED TAX BENEFITS, OR LIM- H.R. 1742: Mrs. LAWRENCE. H.R. 2072: Mr. POLIS and Mr. CLAY. ITED TARIFF BENEFITS H.R. 1745: Mr. LYNCH. H.R. 2100: Ms. FRANKEL of Florida, Mr. Under clause 9 of rule XXI, lists or H.R. 1752: Mr. FRANKS of Arizona, Mr. PITTENGER, Mr. LOWENTHAL, Mr. PITTS, Mr. statements on congressional earmarks, CRAMER, Mr. ALLEN, and Mr. BRAT. HONDA, Mr. WEBER of Texas, Mr. COSTELLO of limited tax benefits, or limited tariff H.R. 1769: Mr. O’ROURKE, Mr. CICILLINE, and Pennsylvania, Ms. ROS-LEHTINEN, Mr. Mr. RANGEL. KINZINGER of Illinois, Mr. NUGENT, Mr. CREN- benefits were submitted as follows: H.R. 1775: Mr. PETERS. SHAW, Mr. DELANEY, and Ms. CLARK of Massa- Amendment No. 1 to be offered by Rep- H.R. 1786: Mr. HECK of Nevada and Mr. CON- chusetts. resentative MAC THORNBERRY to H.R. 1735, YERS. H.R. 2109: Mr. BENISHEK and Mr. TIPTON. the National Defense Authorization Act for H.R. 1800: Mr. RENACCI. H.R. 2130: Mr. SESSIONS and Mr. Fiscal Year 2016, does not contain any con- H.R. 1807: Ms. WILSON of Florida, Ms. FARENTHOLD. gressional earmarks, limited tax benefits, or ADAMS, Mr. YARMUTH, Mr. HASTINGS, and Ms. H.R. 2132: Mr. PETERS, Mr. KEATING, and limited tariff benefits as defined in clause 9 LEE. Ms. NORTON. of rule XXI.

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Vol. 161 WASHINGTON, WEDNESDAY, MAY 13, 2015 No. 73 Senate The Senate met at 9:30 a.m. and was formation about what happened out- trade bills—including the Customs called to order by the President pro side of Philadelphia, but we know this bill—into one trade bill isn’t a strategy tempore (Mr. HATCH). tragedy will touch the lives of many. designed to pass better trade legisla- f The Senate sends its condolences to tion but a poison pill designed to kill the victims, those who were injured, it. So we certainly won’t be doing that, PRAYER and their families and loved ones. We because our goal here should be to The Chaplain, Dr. Barry C. Black, of- also reaffirm our gratitude to our Na- score a serious policy win for the fered the following prayer: tion’s first responders. American people and not claim a sym- Let us pray. f bolic scalp for the extreme left. That is why Republicans have chosen Holy One, we desire to do Your will. TRADE LEGISLATION May we acknowledge You as the source to work closely with President Obama of all that is worthy. Thank You for Mr. MCCONNELL. Mr. President, it to advance a serious trade and eco- Your gracious righteousness that is the was really quite something to watch nomic growth agenda. It is not a nat- same yesterday, today, and forever. President Obama’s party vote to fili- ural position for us, I assure you, or for Lord, help us to find rest and content- buster his top domestic legislative pri- the President to be in politically, but ority yesterday. That is what we saw ment in You. we agree that strengthening the middle right here in the Senate. It left pretty Remind our lawmakers not to seek class by knocking down unfair trade much everyone scratching their heads. restrictions is a good idea. Since we security apart from You. May they not The Democratic leader made clear forget that righteousness exalts a na- agree on the policy, I think we have a yesterday that he was not interested in duty to the American people to cooper- tion and that You are our shelter and debating the ‘‘merits of the bill.’’ In shield. Equip them with everything ate responsibly to pursue it. And that other words, he told us that this fili- is just what we have done. Not a single good for doing Your will. Give them buster is for political reasons only. steadfast hearts, which no unworthy Republican—not one—voted yesterday It makes sense, considering that this against at least opening the debate on affection may drag downward. Teach filibuster is all about appeasing a them to serve You as You deserve. this 21st century American trade agen- facts-optional crowd on the left that da. And, Lord, sustain those who are hasn’t been able to marshal much of a Now, all that is needed to move for- dealing with the trauma of the Amtrak serious, fact-based argument to sup- ward is for our Democratic friends who train derailment in Philadelphia. port its opposition to more American tell the public they support trade to We pray in Your mighty Name. exports and more American trade jobs. withdraw support for a filibuster they Amen. You don’t have to take my word for know is wrong on the merits. f it. It is President Obama who said the Yes, I understand it may be uncom- far left’s arguments don’t ‘‘stand the PLEDGE OF ALLEGIANCE fortable for our Democratic colleagues test of fact and scrutiny.’’ It is Presi- to cross loud factions in their party, The President pro tempore led the dent Obama who says the far left is but Republicans proved yesterday that Pledge of Allegiance, as follows: just ‘‘making stuff up.’’ And it is Presi- it is possible to put good policy over I pledge allegiance to the Flag of the dent Obama who warns the far left easy politics. United States of America, and to the Repub- about ‘‘ignoring realities.’’ So Democrats have to choose. Will lic for which it stands, one nation under God, In other words, hardly anyone be- they allow themselves to keep being indivisible, with liberty and justice for all. lieves there is a serious policy leg for led around by the most extreme ele- f these folks to stand on—not that there ments of their party, even when it runs is a viable process excuse for this fili- RECOGNITION OF THE MAJORITY counter to the needs of their constitu- buster, either. LEADER ents, or will they take a stand and A senior Senator in the Democrat lead? The American people are count- The PRESIDING OFFICER (Mr. leadership essentially rebutted the lat- ing on them to make the right choice. PAUL). The majority leader is recog- est process argument yesterday. He When they do, they will find the nized. said: ‘‘[N]o one disputed in committee same willing partners who have always f that we’d get a vote separately’’—sepa- been here. They will find we are ready rately—‘‘on the customs bill’’ because to continue working across the aisle in AMTRAK TRAIN DERAILMENT it contained a provision, he said, that good faith to move forward. Mr. MCCONNELL. Mr. President, would bring down TPA. Recall that we have only gotten as many of us awoke to terrible news this What we can infer from this is that far as we have already because of a sig- morning. We are still awaiting more in- the demand to merge four separate nificant bipartisan compromise on

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

S2815

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VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.000 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2816 CONGRESSIONAL RECORD — SENATE May 13, 2015 Chairman HATCH’s part. He worked and ‘‘loss leader,’’ all these terms that icans were thankful that the war was very closely with Senator WYDEN to try to focus attention someplace where over. They were thankful that their fa- hammer out a trade package that gar- it shouldn’t be focused. That is basi- thers, sons, brothers, and—yes, Mr. nered an astonishing 20 votes in the Fi- cally what the Republican leader has President—World War II daughters nance Committee, with just 6 Senators done this morning. were able to come home. They had opposed—just 6. That huge level of bi- He, of course, misconstrued what I fought valiantly on battlefields across partisan support really surprised ev- said on the floor yesterday. I said that the world, and they would be coming erybody. We have seen some unfortu- I am not here to debate the intricacies home—as I mentioned, the women, the nate partisan rear-guard action since of this trade bill. Some can do that bet- WAVES, the WACs, and SPARS—all then that is designed to sink these ter than I. I have no qualms about say- these women, thousands and thousands American trade jobs. But we can rise ing that about myself. It is a very spe- who participated in the war, for that above it. That is why Republicans re- cialized area. But I do understand that manner. main committed to carrying forward the debate was not taking place be- Across America we were all happy the kind of bipartisan momentum we cause we were not on the bill. I said that freedom and democracy had pre- saw over in the Finance Committee, that I understand the procedure around vailed over a regime that was fueled by just as we have been all along on other here—and I do. hatred. I heard on the radio this morning a issues. We are happy to work with any The procedure is pretty simple. It is brief account of Winston Churchill. Senator in a serious way. The door is a fact that virtually all legislation That was many years ago, 70 years ago open. that passes the Senate needs major bi- today giving a speech. He had only I have made clear that there would partisan support. This year is an exam- been Prime Minister 3 days, and he be an open amendment process. I have ple. Nearly every bill passed by the gave one of his most famous speeches, made clear that Senators would receive Senate has enjoyed the support of over about all he had to offer. They were en- fair consideration once we proceed to 90 percent of Senate Democrats. It is gulfed in this war. They were doing it debating this bill. The bipartisan path just a reality that the 114th Congress alone. It was a stunning speech that forward I offered yesterday morning is will take Democratic votes to get history will always remember. But still on the table. I remain committed things done. after that war was over, we were Many Democrats don’t support fast- to the significant concession my party happy. England was happy. Freedom track. I don’t. The vast majority of already made about processing TPA and democracy had prevailed over a re- Democrats don’t. But without fol- and TAA. I don’t like TAA. I think it is gime that was fueled by hatred. a program very hard to defend. But I lowing all of the loss leaders, the red As I got older and could understand a understand that if we are going to get herrings the Republican leader threw little more, I first became really fo- TPA, our friends on the other side need out, the Finance Committee reported cused on World War II. I am sorry to TAA. If Chairman HATCH and Senator out four bills, and it is only logical we say I did not do it until I was in col- WYDEN can agree to other policies, we consider all four of them. lege, but I remember it as if it were 5 can consider those, too. What we won’t I have said, and I say it again, it is minutes ago, looking at those pictures be doing is pursuing poison-pill strate- only logical we take the Republican in the book ‘‘The Rise and Fall of the gies such as the one I mentioned al- leader’s words for what they are. He Third Reich’’ by William Shirer. Those ready. said: Let’s get on the bill, and then we pictures I will never ever forget. I can Let’s also agree that no Senator is in will start the amendment process. see them now in my mind’s eye. In that a position to guarantee that some bill Well, we can’t start the amendment book, there were pictures of the libera- can clear both Houses of Congress, re- process very well if we are not having tion of the concentration camps. ceive a signature from the President, an opportunity to amend and change I learned how the world learned of secure the blessings of the Supreme the bills that aren’t there. They would the enormity of the Holocaust, the Court, and whatever else our friends just be thrown to the winds. That is, genocide of 6 million Jews. The world might demand. This wouldn’t be much Customs is very important and enforce- saw the incredible extent to which the of a democracy if Senators could actu- ment and, of course, the situation deal- Nazis had taken their hatred of the ally make such an impossible guar- ing with African trade. Jews. It is hard to comprehend, but antee. We put a reasonable alternative on nothing—nothing—could adequately So look, we want to have a serious the table for Senate Republicans to ac- describe how horrible the situation discussion. We want to actually get a cept. All the Republican leader needs was. Sadly, though, as I look around good policy outcome. That has always to do is say yes, and we can open de- the world today, there are still glimps- been our goal. I hope more will now bate on these trade bills. es of that same hate that we as a join us to allow debate on the trade f human race had hoped to extinguish discussion our constituents deserve. ANTI-SEMITISM those seven decades ago. f It is not always on the front pages of Mr. REID. Mr. President, last week the press or on the television sets, but RECOGNITION OF THE MINORITY there were celebrations all around the it is still there. Hate wears many LEADER world celebrating the 70th anniversary masks: violence, intimidation, segrega- The PRESIDING OFFICER. The of Victory in Europe Day. tion, vile rhetoric, and, of course, dis- Democratic leader is recognized. Here in our Nation’s capital, we cele- enfranchisement. Anti-Semitism is brated the day that Europe was offi- f that and more. Though it assumes dif- cially liberated. Just outside of the ferent identities, in the end, it is still AMTRAK TRAIN DERAILMENT Capitol, dozens of World War II aircraft hate. It pains me to say there seems to Mr. REID. Mr. President, I join with flew up and down the Mall honoring be a resurgence of anti-Semitism the majority leader in extending my and celebrating the end of the war that across the world. I look at Israel and I thoughts to the terrible situation in engulfed Europe—over the Lincoln Me- see the vicious attacks carried out Pennsylvania. That accident occurred morial, the National World War II Me- against innocent Jews there: the last night at 9 p.m. We now have six re- morial, the Washington Monument, slaughter of Jewish worshipers in a Je- ported dead and many, many more in- over the Capitol, and points in be- rusalem synagogue last November; jured. There were about 300 people on tween. Hamas’s campaign of terror, indis- that train. I join him in commending I grew up in a little town and I was criminately targeting innocent Israelis the first responders for the work they a little boy, but I can still remember with their thousands and thousands of did and are doing as we speak. the war ending. I don’t really remem- rockets. f ber what I remember, but I knew it was I look at Europe and see the heinous something that was important to ev- acts being perpetuated there against TRADE LEGISLATION erybody there. It was a big deal in Jews. For example, in the Netherlands, Mr. REID. Mr. President, we have Searchlight, as it was everyplace in the home of a prominent rabbi was at- heard the expressions ‘‘red herring’’ America. The war was at an end. Amer- tacked twice in one week. In Paris,

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.002 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2817 hundreds and hundreds of protesters no contract authority, and that pro- serious threat to the United States and attacked synagogues, smashed the win- gram will come to a screeching halt. to the security environment in East dows of Jewish shops and cafes, and set We have a few dollars left to carry on Asia.’’ several afire. In France, there was also for a few more weeks, but it will not be We should remember North Korea an attack on a Jewish grocery store spent. has already tested nuclear weapons on following the Charlie Hebdo shootings. It is a shame my friend, the Repub- three separate occasions—2006, 2009, Anti-Semitic slogans, such as ‘‘Gas the lican leader, keeps referring to the ex- and in February of 2013. Most recently, Jews’’ have been shouted at several treme left—whatever that means— nuclear experts have reported that demonstrations throughout Germany. when we start talking about the middle North Korea may have as many as 20 Jewish museums throughout Norway class. That is one reason we are con- nuclear warheads, a number that could were forced to close because of fear of cerned about this trade bill that is be- double by next year, and that attacks. fore us today. Pyongyang has the potential to possess I look at the United Nations Human Mr. President, would the Chair an- as many as 100 warheads within the Rights Council in Geneva and am nounce the business of the day. next 5 years. We know North Korea is a nuclear sickened by its long history of bias f against Israel and the people of Israel. proliferator. They cooperated with the Then I see what is happening on some RESERVATION OF LEADER TIME Syrian regime on their nuclear weap- ons program before Israeli jets de- college campuses here in the United The PRESIDING OFFICER. Under stroyed that facility in 2007. We know States, and I am shocked by the vitriol the previous order, the leadership time North Korea’s conventional arsenal is being directed at Jews and supporters is reserved. of Israel. rapidly expanding and threatens not Last Sunday, the New York Times f only our close allies in South Korea reported that in the midst of campus MORNING BUSINESS and Japan but could also threaten the United States, our homeland, in the debates about boycotts of Israel, Jew- The PRESIDING OFFICER. Under ish students felt increasingly intimi- near future. the previous order, the Senate will be According to the DNI, ‘‘North Korea dated. At several colleges, swastikas in a period of morning business for 1 has also expanded the size and sophis- have been painted on the doors of Jew- hour, with Senators permitted to speak tication of its ballistic missile forces, ish fraternities and in some instances therein for up to 10 minutes each, with ranging from close-range ballistic mis- on the doors of Jews who were in their the time equally divided, with the ma- siles to ICBMs, while continuing to rooms. Some Jewish students feel the jority controlling the first half. conduct test launches. In 2014, North need to hide their heritage and support Mr. REID. Mr. President, I suggest Korea launched an unprecedented num- for Israel given the intense backlash. the absence of a quorum. ber of ballistic missiles.’’ That is sad. The PRESIDING OFFICER. The The DNI report goes on to say that The former president of the Univer- clerk will call the roll. ‘‘Pyongyang is committed to devel- sity of California system, Mark Yudof, The legislative clerk proceeded to oping a long-range, nuclear-armed mis- recently was quoted as saying: call the roll. sile that is capable of posing a direct Jewish students and their parents are in- Mr. GARDNER. Mr. President, I ask threat to the United States.’’ We tensely apprehensive and insecure about this unanimous consent that the order for should not forget that North Korea is movement. I hear it all the time: Where can I send my kids that will be safe for them as the quorum call be rescinded. an aggressive, ruthless regime that is Jews? The PRESIDING OFFICER. Without not even afraid to kill its own innocent That is just stunning. Bigotry and objection, it is so ordered. people. On March 26, 2010, North Korean mis- hatred have no place in the world f siles sank the South Korean ship today, especially not in a country that NORTH KOREA Cheonan, killing 46 of her crew, and has long prided itself on being a beacon several months later shelled a South of freedom and acceptance. Instead, it Mr. GARDNER. Mr. President, I rise Korean island, killing four more South is incumbent upon all Americans to to speak about the threat from North Korean citizens. It is also quickly de- not only stand up to anti-Semitism Korea to U.S. national security and to veloping other tools of intimidation as wherever we see it but also to stand in our friends and allies in East Asia. well, such as cyber capabilities, as solidarity with the Jewish people. On May 9, North Korea claimed it demonstrated by the attack on the Three things: Let’s stand against had test-fired a ballistic missile from a South Korean financial and commu- anti-Semitism; let’s stand with Israel submarine, raising concerns across the nication systems in March of 2013 and and the Jews throughout the world; region. If these reports are accurate, the infamous Sony Pictures hacking and, third, let’s stand against hate. experts point out that North Korea incident in November of 2014. f may have succeeded for the first time in installing a missile launcher of We should also not forget that this THE MIDDLE CLASS about 2,500 tons onto a submarine. regime remains one of the world’s fore- Mr. REID. I want to say a brief word If that is true, with this test, North most abusers of human rights. The about something I mentioned as I Korea violated a series of United Na- North Korean regime maintains a vast started my remarks. My friend, the Re- tions Security Council resolutions, in- network of political prison camps publican leader, has stated that the ex- cluding resolutions 1718, 1874, 2087, and where as many as 200,000 men, women, treme left is causing a problem on this 2094. and children are confined to atrocious bill. It is not the extreme left. It is According to a more cautious assess- living conditions and are tortured, Democrats who are concerned about ment from South Korean officials, it maimed, and killed. On February 7, 2014, the United Na- the middle class. appears North Korea will be able to de- tions Human Rights Council released a We do not focus here on the middle ploy a fully operational submarine ca- report detailing North Korea’s horren- class. Republicans are focused else- pable of launching a ballistic missile in dous record on human rights. Here is a where. We have done nothing on min- only 4 to 5 years. This launch is the description of some of the torture imum wage, and we have done nothing latest confirmation of Pyongyang’s methods common in North Korea as de- on student debt. We have done nothing growing nuclear and ballistic missile scribed by former North Korean state on equal pay for men and women. We capabilities while the Obama adminis- security officials interviewed for the have done nothing to create jobs— tration seems to have fallen asleep at report. nothing. We are here. In a matter of 1 the switch with regard to our policy to week or 2 weeks, the authorization for deter the growing North Korea threat. The room had wall shackles that were spe- cially arranged to hang people upside down. highways will be gone. It is different According to the Director of National Various other torture instruments were also than other authorizations we do be- Intelligence’s 2015 Worldwide Threat provided, including long needles that would cause under the law we passed pre- Assessment, ‘‘North Korea’s nuclear be driven underneath the suspect’s finger- viously, when that law expires, there is weapons and missile programs pose a nails and a pot with a water-hot chili pepper

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.004 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2818 CONGRESSIONAL RECORD — SENATE May 13, 2015 concoction that would be poured into the ment the President negotiates on used to make things such as glass and victim’s nose. As a result of such severe tor- Iran’s nuclear program. Well, that was detergents. It is the largest inorganic ture, suspects would often admit to crimes an important piece of legislation, and I chemical export in the United States, they did not commit. was glad to see it passed with over- and it is responsible for thousands of This report makes for horrifying whelming bipartisan support. American jobs. Our producers face high reading and gives us a glimpse of the The bill on trade promotion author- tariffs in some countries, and they are utter depravity of this regime. What ity, which we have been talking about competing with China for the cus- then is the U.S. policy to counter this week, is also very important. This tomers. North Korea’s belligerence and human bill is about U.S. trade with other If we pass this bill and follow that up rights abuses? The answer is precious countries and the proper role Congress with the kind of trade deals it allows, little. should play in that. It is also very we could add another $40 million in The administration’s policy of stra- much about America’s future, and that new soda ash exports, and that means a tegic patience has been a failure. All is why Republicans are so committed lot of jobs here at home. that our so-called patience has done is to this piece of legislation. Trade promotion authority helps give allowed the regime to significantly ad- The problem is Senate Democrats American producers a fair chance to vance its military capabilities and to have pulled the rug out from under the compete for business overseas. systematically continue to torture its American people and the President. In Wyoming, our farmers and ranch- own people. They blocked the Senate from even ers also export beef, lamb, and grain. I call on the administration to imme- considering this important piece of leg- We export machinery, minerals, and diately reverse course and begin the islation. This is not the normal story energy from our oil and gas producers. process of applying more pressure to of Democrats v. Republicans or Sen- Wyoming’s presence in the global mar- the North Korean regime through addi- ator REID v. Senator MCCONNELL. Oh, ketplace has been increasing, and we as tional financial sanctions, increased no. This is a story about Senator REID a nation cannot afford to stop that military engagement with our allies in v. President Obama. progress now. We need more access to the region, and more assertive diplo- America’s economy grew by just 0.2 more markets and we need fair com- macy with China, which wields signifi- percent in the first quarter of this petition. cant control over the fate of the re- year. When the Democratic leader or- So the question is: Why are the Democrats standing in the way of all of gime. ders the Senators on his side of the that? Democrats are blocking more We should never negotiate with aisle to block this bill, is he saying the than just the money for American Pyongyang without imposing strict American people should be satisfied workers and our economy. Economic preconditions that North Korea take with 0.2 percent growth? Is that satis- prosperity itself strengthens our Na- immediate steps to halt its nuclear faction? tion and makes it more secure. program, cease all military provo- If we are going to get America’s Ronald Reagan once said: ‘‘Our na- cations, and make credible steps to- economy going and growing again, we tional security and economic strength ward respecting human rights of its need to increase opportunities for are indivisible.’’ He understood that people. America’s farmers, ranchers, and man- national defense is expensive and that We should not forget that in a deal ufacturers to sell their products over- America needs a strong economy to with the United States over 20 years seas. pay for it. Reagan understood that ago, North Korea pledged to dismantle According to the Commerce Depart- American trade with other countries their nuclear program. Today, we are ment, 95 percent of the world’s cus- can help strengthen our military alli- reaping the harvest of failed policies of tomers live outside the United States. ances as well. American goods sold engagement with a regime that has no That means there are billions of people overseas provide an American presence respect for international agreements or around the world who want to buy all around the world. They are eco- international norms. American products, and that means nomic boots on the ground. As it negotiates with other rogue creating jobs for Americans who make The Secretary of Defense, Ash Car- states that seek to obtain nuclear those products. It means lower prices ter, said something similar in a speech weapons to threaten the free world, I for many of the products Americans last month. He said: ‘‘Our military urge the administration to draw the want to buy at home. It means more strength ultimately rests on the foun- appropriate conclusions from our failed money for the American economy, dation of our vibrant, unmatched, and North Korea policy. which is good for all of us. Now, all of growing economy.’’ As we talk about human rights viola- that comes from more U.S. trade with He said the kinds of trade deals this tions and violations of international other countries. bill would promote are ‘‘as important norms, there was a report printed yes- The bill we are debating right now is to me as another aircraft carrier.’’ terday with the headline ‘‘North Korea very important to American families Now, that is the current Secretary of Said to Execute a Top Official, With an and to the American economy. Trade Defense agreeing with what President Antiaircraft Gun.’’ This is a country promotion authority is a valuable tool. Ronald Reagan said years ago. violating human rights, killing its own It helps make sure there are strong The Defense Secretary also talked people, and willing to watch as its own rules that hold other countries ac- about what all of us in the Senate people starve to death. Now there is a countable for their unfair trade prac- know to be true: If America does not report that they are killing people with tices. It also helps us forge agreements continue to lead in global commerce anti-aircraft guns. This is a regime to tear down the barriers that block and does not attract more trading part- that doesn’t deserve strategic patience American goods from foreign markets. ners, someone else will. More likely but deserves the full commitment of The sooner we renew trade promotion than not, that is going to be China. the United States in our efforts to authority, the sooner American fami- America needs to step up and start make sure we are bringing peace to the lies can start reaping the benefits. negotiating effective, fair, and enforce- region and long-term peace to the It is outrageous Senate Democrats able trade agreements or we are going world. are keeping us from taking this step to to be allowing China to write the rules I yield the floor. help these families all across the coun- for global trade. If that happens, every The PRESIDING OFFICER (Mr. COT- try. The benefits of trade are substan- Senator here knows those rules will TON). The Senator from Wyoming. tial for places such as my home State not favor American workers and Amer- f of Wyoming. ican exports. Senate Democrats know Exports from Wyoming to other that, and they are still standing in the TRADE PROMOTION AUTHORITY countries amounted to almost $2 bil- way of this legislation. Mr. BARRASSO. Mr. President, last lion last year—$2 billion. The Wyoming Last year, our exports supported week we passed an important bill that chemical industry alone exported near- nearly 12 million American jobs. That protected the rights of the American ly $1 billion worth of material. is an increase of 2 million jobs since people. It said the people in Congress One of our most important chemical 2009. It is great news, but it is not have a right to be involved in an agree- exports is soda ash, which is a chemical enough.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.005 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2819 According to the latest numbers that in the line of duty. This was an excep- tion, in which the trauma spirals lives came out last Friday, there are an- tional young police officer in New York of children and brothers and sisters other 17 million Americans who are ei- City. He was young enough that he still downward. ther unemployed, are working part lived in his father’s home, but he was Let’s look for a second at the cost of time because they cannot find full- experienced enough, old enough that he one murder. Here are some numbers time work or have absolutely given up had already become a decorated officer overall. A recent study showed that the and stopped looking for a job. There in the NYPD and had made over 150 ar- annual cost of gun violence in America are 17 million Americans who are wait- rests since joining the department just is $229 billion with a ‘‘b.’’ That is $47 ing for our economy to really start 5 years ago. billion more than Apple’s 2014 world- growing again. Commissioner Bill Bratton said: ‘‘In wide revenue. But here is the cost of We need to create more stable, long- his very brief career, he already proved just one murder—$441,000 in direct term jobs for those Americans who himself to be an exceptional young of- costs. Eighty-seven percent of it is paid have been left behind by the weak ficer.’’ for by taxpayers. It costs over $400,000 economy over the past 6 years. More We have heard a lot about law en- to lock up the perpetrator, $2,000 when U.S. trade with other countries can forcement gone wrong, but the reality he is charged and sentenced, $11,000 for help make that happen. This trade pro- is that every single day police officers mental health treatment for the vic- motion authority bill is the first step are under threat and they are in dan- tim’s families, $10,000 for the victim’s toward reaching that goal and Demo- ger. hospital expenses, $450 just to trans- crats know that. Why then are they All Brian Moore did on the evening of port to the hospital, and then $2,000 for fighting so hard to make sure this bill May 2 was pull up behind someone who police response and investigations. fails? Why are they fighting so hard to was acting in a suspicious manner, and That is not why we should take on block those jobs? This legislation as they began talking to him, the man the issue of gun violence in this coun- would give the President a clear road- turned and fired at the car. Officer try; we should do it simply to try to map—a roadmap to follow while nego- Moore was struck in the cheek. He had stop this scourge of murders. But if we tiating trade deals. It also ensures that trauma to his brain. Ninety minutes care about being a good steward of the Congress and the American people have after the shooting, officers arrested the taxpayers’ dollars, then $441,000 a year a say about whether a deal goes man who perpetrated this crime. He did that could be saved just by eliminating through. That part is extremely impor- it with a stolen weapon—one of 23 one of the 86 a day seems like a pretty tant. weapons that were stolen in a 2011 rob- good deal. I mentioned the fight we just had bery at Little’s Bait & Tackle Pawn with the White House to make sure the Jose Araujo, from Milford, CT, was Shop in Perry, GA. working for Burns Construction Com- American people and Congress can re- Detective Mike Cerullo said of him: view an agreement with Iran over its pany in Bridgeport when he was shot at He was a great kid. I can’t say a bad thing nuclear program. Well, this bill says his job on a construction site after a about him. He always had a smile on his suspect asked for a job and he was re- right up front that Congress will get to face. have an up-or-down vote on any trade ferred to the company office. He start- Officer Moore was an officer who was deals. ed to head for the office, but then he This isn’t about expanding the pow- rising through the ranks very quickly turned around and shot Jose. ers of the President. I know a lot of and who was beloved in his community. A family friend said: Senators have serious concerns about He grew up on Long Island, tragically He was a gentle giant. Wherever he walked how President Obama has abused his and ironically in a town with an ath- in there was a smile on his face. He always authority in unchecked and unprece- letic field at the high school named gave you a strong handshake. dented ways. A lot of Americans have after Edward Byrne—another alumnus Another friend said: of that high school who was killed in those same concerns. This bill is not He’s nice, generous and a man of peace. just about this President. It is about the line of duty as a 22-year-old rookie Jose’s girlfriend said: the next President and the one after in 1988. That name may be familiar to that. It is about American workers, us because we now hand out millions of He was such a great person and if the world American families, and growing the dollars in Byrne grants all across the had more people like him—oh, what a beau- tiful world we would live in. American economy for all of us. It is country—another alumni of this par- about making sure America continues ticular high school shot down. Jose leaves behind a 5-year-old son. to lead and Americans continue to Brian is one of 86 people across this Sanjay Patel was killed on April 6 in prosper. American exports to other country who are killed by guns every New Haven, CT. He was just working, countries are the key to this. This bill day—2,600 a month and 31,000 a year. as millions of other Americans do, put- on the floor right now can make sure Not every single one of these deaths is ting in his hours as a manager at a all of that happens, and it makes sure preventable. I don’t know whether CITGO gas station, when he was shot the American people have their say. Brian Moore’s was preventable. But four times by an apparent robber at the It is time for Senate Democrats to what I know is that many of these station. The perpetrators took money call off their destructive fight with the deaths are preventable, that there has and store merchandise. Specifically, President. It is time for Senate Demo- to be a reason why these numbers are they stole a box of cigars. They killed crats to stop blocking trade, stop so out of whack with every single other this guy over a box of cigars. blocking jobs, and stop blocking country in the industrialized world. A Sanjay’s wife was 6 months pregnant progress for American families and for lot has to do with the reality of this at the time. He told her he didn’t want our economy. place, that as these numbers continue her to work while she was pregnant, in Thank you, Mr. President. to go up day after day, month after part because she had been injured in a I yield the floor. month, year after year at catastrophic house fire last year. In a tearful inter- I suggest the absence of a quorum. levels, we do absolutely nothing about view, she said her husband took excel- The PRESIDING OFFICER. The it. lent care of her and the baby. He clerk will call the roll. brought her ice cream and breakfast in The senior assistant legislative clerk We have to start thinking about not bed. ‘‘This is my first baby,’’ she said, proceeded to call the roll. just the cost to the families—and it is Mr. MURPHY. Mr. President, I ask not just the mother and the father and ‘‘and my husband was so happy.’’ unanimous consent that the order for the brother and the sister. If we look at The stats are overwhelming, whether the quorum call be rescinded. the pictures of Brian Moore’s funeral, it be the number of people who are The PRESIDING OFFICER. Without they are heartbreaking, seeing the killed by guns or the cost to U.S. tax- objection, it is so ordered. tragedy that is washing over the fam- payers. I try to come to the floor every couple of weeks just to give voice to f ily members. The average homicide by gun has 22 the victims of gun violence, figuring GUN VIOLENCE different victims who are affected by that if the numbers don’t move this Mr. MURPHY. Mr. President, on May it. It often leads to cycles of violence place, maybe the stories of those who 4, 2015, Officer Brian Moore was killed in which there are killings for retribu- are lost will. I can only tell a few a

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It is a determination of what to the fact that there is a regular drum- made to them—going back to some leg- do that other people don’t make and beat of gun violence throughout this islation I worked on a few years ago to don’t bear the responsibility the same country. By doing nothing in the Sen- allow police officers to carry their way. So it is important for us right ate and the House week after week, weapons when they went from State to now to think about those who serve. month after month, year after year, we State—is that you may not remember I was glad to join Senator CARDIN as effectively become complicit in these everybody that you arrested, but ev- a cosponsor, with others, of the Na- murders. We silently endorse this epi- erybody you arrested remembers you. tional Blue Alert Act—the Rafael demic of gun violence when we don’t The vulnerability of police and their Ramos and Wenjian Liu National Blue even try to make gun trafficking ille- families is sometimes equal to and Alert Act. This bill created a national gal at a Federal level; when we don’t sometimes exceeds the vulnerability of alert system to apprehend violent stand with 90 percent of the American those of us whom the police, every day, criminals who have seriously injured or public and the vast majority of gun step up to protect. This is a week when killed police officers. These two offi- owners—80 to 90 percent—and simply we really take a moment to recognize cers were killed while in their squad say you shouldn’t be able to get a gun that. We take a moment to recognize car. This alert system would be used to if you are a criminal and you have to those who serve. I want to pay tribute quickly get that information to other prove you are not a criminal before you today particularly to two Missouri offi- police agencies and to the public, as they are trying to find someone who get a gun; when we don’t endorse sim- cers who were killed in the line of duty would think about doing that sort of ple gun safety technology to make sure last year: Deputy Sheriff Matthew the gun that was used to kill Officer thing. Chism of the Cedar County Sheriff’s Of- We passed that bill on April 30. The Moore can’t be used by someone who fice and Officer Eddie Johnson of the isn’t its intended user, its owner, the House of Representatives passed it yes- Alton Police Department. terday. It is now on the way to the technology developing—we could help; Deputy Sheriff Chism, of Stockton, President’s desk. It is a good thing for we could assist—that would cut down MO, was tragically killed in November us to step up and be willing to do. This on stolen firearms that are used to kill of last year. He was 25 years old. Dep- is a job where you go to work every day and hurt people. uty Sheriff Chism was shot and killed I will keep coming down to the floor not knowing what is likely to happen while conducting a traffic stop. He had that day. We saw events in my home whatever chance I get to tell a handful served with the Cedar County Sheriff’s of these tragic stories from Con- State, in Ferguson, MO, last August Office for just under 2 years. Deputy that brought attention to the danger necticut, to New York, to Chicago, to Sheriff Chism is survived by his wife Los Angeles, giving voices to the vic- that police face. and his young son. Clearly, that family I heard even the President talking tims of gun violence so that someday, has paid a tremendous price for the somehow, the Senate will recognize about Baltimore just a few days ago. willingness of their husband and father He made the comment that we have that although we can’t eliminate these to step up and defend us. numbers, although we can’t bring them difficulty in communities and dif- Officer Eddie Johnson, Jr., of Alton, ficulty in people’s lives—people who down to zero, with smart, common- MO, was involved in a fatal vehicle are not prepared for opportunities and sense legislation, we can make sure crash while responding to a structure they do not get opportunities. The these numbers are much lower than fire on October 20 of last year. In addi- President said something like this: And they are today and that there is much tion to being an officer with the Alton then we send the police into those envi- less tragedy visited on American fami- Police Department, Officer Johnson ronments, and we act surprised when lies and much less cost to American also served as the fire chief of the vol- bad things happen, when unfortunate taxpayers. unteer fire department and as a reserve I yield back, Mr. President. things happen, when violence occurs, deputy for the Oregon County Sheriff’s when police are in the middle of a situ- I suggest the absence of a quorum. Department. He was 45 years old. He is The PRESIDING OFFICER. The ation that suddenly does not work out survived by his wife and their three the way any of us would want it to. clerk will call the roll. children. The senior assistant legislative clerk Police are dealing with major prob- So difficult things happen to those lems. I cosponsored with Senator STA- proceeded to call the roll. who serve. We saw two of our officers, Mr. BLUNT. Mr. President, I ask BENOW last year the Excellence in Men- the St. Louis County police officers at unanimous consent that the order for tal Health Act, trying to be sure that Ferguson, MO, who were shot recently the quorum call be rescinded. we are dealing with people’s behavioral The PRESIDING OFFICER. Without as someone was shooting into a crowd health problems like we deal with all objection, it is so ordered. there expressing concern about police other physical health problems. One Mr. BLUNT. Mr. President, I ask activity. But the very people trying to out of four adult Americans has a be- unanimous consent to speak for 15 min- be sure that the crowd was able to ex- havioral health problem that is utes. press that concern were then the vic- diagnosable—according to the NIH, al- The PRESIDING OFFICER. Without tims of violence that has not yet been most always treatable—and then one objection, it is so ordered. really figured out—why the person who out of nine has a behavioral health f fired those shots was shooting at a problem that severely impacts how crowd, whether he was shooting specifi- they function as an individual, accord- NATIONAL POLICE WEEK cally at police in that crowd or just ing to the National Institutes of HONORING DEPUTY SHERIFF MATTHEW CHISM shooting into the crowd or what that Health. AND OFFICER EDDIE JOHNSON person was doing. We have no greater support of that Mr. BLUNT. Mr. President, all across The desire of people who serve and effort to try to begin to try to treat be- the country right now people are hon- put on that uniform every day is to havioral health like all other health oring the men and women who serve in serve and protect. That is their No. 1 than the police organizations around law enforcement as we honor National goal, I am confident, in virtually every the country that stepped forward and Police Week. I was the cochair of the case in taking that job. The No. 1 hope have said: This is a problem that we Senate Law Enforcement Caucus. Sen- of their family is that those people deal with all the time, and there are ator COONS and I founded that caucus come home safely at the end of their better ways to deal with it than ex- when we came to the Senate a little shift. You know, life is uncertain in pecting police officers to deal with over 4 years ago. I am proud to be able many ways, but more uncertain when someone whose behavioral health prob- to speak on behalf of those who serve you actually decide you are going to lem leads them to violence or into an- and their families. pursue a service to others that puts other situation.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.007 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2821 By the way, people with behavioral voted on—yes or no—by the Congress. CONCLUSION OF MORNING health problems are more often the It cannot be an agreement that the BUSINESS victims of violence than they are the Congress can go back and look at and The PRESIDING OFFICER (Mr. perpetrators of violence. So often this say: Well, we do not really like that FLAKE). Morning business is closed. is part of what we ask police to respond provision. We do not like this provi- f to. We expect police to be psychiatrists sion. Let’s send it back, but let’s not do and psychologists and first responders what they said they were willing to do ENSURING TAX EXEMPT ORGANI- and experts at protecting others. Then, as part of this negotiation. ZATIONS THE RIGHT TO APPEAL ACT—MOTION TO PROCEED we can easily begin to want to question Trade is good for us. Trade is in al- what equipment they used, what uni- most all cases about tearing down bar- The PRESIDING OFFICER. Under form they were told they needed to riers to our products, because we have the previous order, the Senate will re- have on for the exercise that they were very few barriers to those that we sume consideration of the motion to about to participate in, the public safe- trade with. So trade is almost always proceed to H.R. 1314, which the clerk ty moment they were about to be part an opportunity to sell more American will report. of. The senior assistant legislative clerk products in other countries, particu- These are hard jobs. They are dif- read as follows: ficult jobs that often come into the larly as it relates to the most likely first agreement we would get if we Motion to proceed to Calendar No. 58, H.R. moment of difficulty in other people’s 1314, a bill to amend the Internal Revenue lives—people who for whatever reason would get trade promotion authority. Code of 1986 to provide for a right to an ad- do something that they would nor- That agreement, the Trans-Pacific ministrative appeal relating to adverse de- mally not do, react in a way that they Partnership, will make a huge dif- terminations of tax-exempt status of certain might normally not react or react out ference in the way that part of the organizations. of incredible frustration because of the world develops, if they develop based The PRESIDING OFFICER. The Sen- situation they found themselves in. on a trade relationship where the rule ator from Arkansas. But we expect the police to step for- of law matters, a trade relationship OUR COUNTRY’S WORD ON THE INTERNATIONAL ward and immediately be able to re- where everyone is treated in a way STAGE spond to that situation in a way that where you are looking for a way to Mr. COTTON. Mr. President, it has protects others. Does every police offi- come back and have more ability to been nearly 2 years since the Syrian cer do the right thing every time? work together in the future, where you tyrant Bashar al-Assad attacked his Probably not. Does almost every police are working on trade relationships own people with sarin gas, crossing officer do their very best to do the where not every ounce of profit has to President Obama’s so-called red line. right thing ever time? Absolutely, they be made on any one deal, because you At the time, President Obama grudg- do. It is the exceptions that get atten- are always thinking about what hap- ingly called for airstrikes against tion, as they should. But for those of us pens next. Assad but hesitated at the moment of who every day benefit and benefit in We have great opportunities there decision. When Secretary of State this building from the work they do—I and they do too. That part of the world Kerry opened the door to a negotiated remember on 9/11. One of my memories will be dramatically different 10 years solution, Vladimir Putin barged in, al- of 9/11 is that I am one of the last peo- from now and even more different 20 lowing Assad the pretext of turning ple to leave the Capitol Building and years from now, if our system becomes over his chemical weapons to avoid the police officer who is there telling a system that becomes the basis for U.S. airstrikes. The amen chorus pro- me to get out as quickly as I could. As how they move into their economic fu- claimed a strategic master stroke. But it wasn’t so. Street-smart ob- she says that to me, I realize, as I am ture and create economic opportunity servers were onto Assad’s game. He leaving the door to try to get to a safer for them and for us—as opposed to the only needed to keep a tiny fraction of place, she—the police officer who says other alternatives, which are much his chemical stockpile to retain his that I need to get out of here right more colonial in nature, much more military utility. Syria thus could open now—is still standing at the place cynical in nature, much more likely to most—but not all—of its facilities at where she told me: You need to get out be one big trading partner, and there is no cost to the regime. of here right now. Whoever else might one little trading partner in every deal. have been left in the building, she was In fact, because most of Syria’s trying to be sure that they got out of That is not the way this works. That chemical agents were old, potentially the building, too. is not the way it should work, but we unreliable yet still dangerous, the re- That is what we expect the police to can’t get to that final opportunity for gime actually benefitted by getting the do. That is what their families know American workers unless we have an West to pay for the removal of the old every day when they go to work, that agreement where we understand what stockpiles. they may be called on to do extraor- happens to that agreement once it has And where are we now? Exactly dinary things. For those who serve, we been negotiated. where a few of my colleagues and I are grateful. This is an important week The best thing, the best offer does warned we would be. News reports just to be grateful to police officers whom not come until the people on the other this week indicate that the we see and police who are helping us side of the negotiating table know they Organisation for the Prohibition of whom we do not see. So I am pleased to are doing this under trade promotion Chemical Weapons has discovered new be here to thank them for their service. authority, an authority that every evidence of sarin gas and VX nerve agent—9 months after the organization f President since Franklin Roosevelt has had, and every President since Frank- declared Syria had disposed of all of its TRADE lin Roosevelt asked for, until this chemical weapons. In the meantime, Mr. BLUNT. Mr. President, on an- President, who didn’t ask for it until Assad has simply shifted to chlorine other topic, I would just like to say his second term and then clearly didn’t gas for chemical attacks against his that I hope we can move forward with do anything to push for it until after own people, which is also prohibited by the ability to have trade agreements. I the congressional elections last year. the Chemical Weapons Convention, was disappointed yesterday that we even though Syria signed that conven- were not able to move forward and not But this is a 6-year ability to create tion as part of President Obama’s deal vote on a trade agreement but to vote more opportunities for American work- in 2013. on the framework that at some point ers and jobs that provide good take- I am appalled by these reports that in the future would allow us to nego- home pay for American workers. I hope the Syrian regime has obtained stocks tiate a trade agreement. the unfortunate decision not to move of chemical weapons, but I cannot say You cannot get the final negotiation forward and get this done is a decision I am surprised. Anyone with eyes to on a trade agreement unless the people the Senate quickly has a chance to see knew the message President Obama with whom you are negotiating know rethink, revote on, and move forward. had sent. When he flinched in 2013 in that the trade agreement is going to be With that, I yield the floor. the face of Assad’s brazen and brutal

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.010 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2822 CONGRESSIONAL RECORD — SENATE May 13, 2015 use of sarin gas on civilians, it only than that passport in the country. Over daily newspaper recounting the attack emboldened Assad to continue testing 150 were from the United States. on May 3 in Garland, TX, of all places. U.S. resolve. Just last week, in describing the Terrorists are sending a clear signal Of course, the fallout goes far beyond widespread nature of this growing to those in the United States and other Syria. The failure to enforce the U.S. threat, FBI Director James Comey said Western countries: If you can’t fight us red line against the use of chemical that the FBI is working on hundreds of abroad, we are going to bring the fight weapons in Syria has severely damaged investigations in the United States, to you in your own country. U.S. credibility around the world. I hundreds of investigations. In fact, ac- This heightened threat environment hear this message from leaders of coun- cording to Comey, all 56 of the FBI’s has led Pentagon officials to raise the tries not just in the region but across field divisions now have open inquiries security level at U.S. military bases. the globe. The message sounds most regarding suspected cases of home- The last time the threat level was loudly with Iran, where the Ayatollahs grown terrorism—again, not people raised to this level was the 10th anni- continue their headlong pursuit of nu- coming from Syria or Afghanistan or versary of the September 11 attacks. clear weapons capabilities with impu- someplace in the Middle East, these I still remember when the former ad- nity. Regrettably, then, we are reaping are often Americans who have become miral, Bobby Inman, who served for a the bitter fruits of President Obama’s radicalized due to the use of social long time in the Navy and then also in weakness in 2013. media or the Internet—much as 5 years the intelligence community, was asked There are two simple lessons we must ago we saw at Fort Hood, TX, a major about 9/11. He said: It wasn’t so much a draw from this sad sequence of events. in the U.S. Army, Nidal Hasan, who failure of intelligence, as it was a fail- First, our country’s word on the inter- had been radicalized by a cleric, Anwar ure of imagination. Nobody imagined that terrorists national stage must be good and it al-Awlaki. would hijack a plane and fly it into one must be credible. When a President Major Hasan actually pulled out his draws a red line and fails to back it up, of our Nation’s highest skyscrapers, weapon and killed 13 people, 12 uni- thus, in the process, killing approxi- it only emboldens our enemies and formed military, 1 civilian, and shot mately 3,000 people. makes America appear as the weak roughly 30 more in a terrible terrorist So we need to remember not to have horse. Remember, Osama bin Laden fa- attack at Fort Hood, TX. a failure of imagination when it comes mously said that when given the choice So today we are not just worried to the tactics used by terrorists and between a weak horse and a strong about a major attack on a significant those who inspire them abroad. Re- horse, people will, by nature, root for cultural or economic hub, we also have marks like those from Director Comey the strong horse. Under Barack Obama, to worry about ISIS-inspired terrorists and the Director of our National Coun- America increasingly looks like the all around the country, even as we wit- terterrorism Center are certainly trou- weak horse. nessed in my home State of Texas just bling ones for us to hear, and it coun- Second, we cannot trust tyrannical on May 3. sels caution. regimes to abide by agreements unless When you begin to look at the While the United States has been we force them to do so. This means story—that I will ask to be made part mostly successful in thwarting attacks that any agreement with Iran about its of the RECORD—written by the New on our homeland since 9/11, the threats nuclear weapons program must contain York Times on May 11, 2015, it explains are still very real. In fact, the terrorist the most stringent conditions, impose how this new threat of homegrown ter- threat has evolved and become more the most intrusive verification proce- rorism is inspired. I will quote a few complex in recent years. dures, and ultimately prevent Iran pieces of it: In Texas, we rightly recognize that from obtaining a nuclear weapons ca- Hours before he drove into a Texas parking the role of government should be con- pability. lot last week and opened fire with an assault strained to focus on core functions. At The framework agreement President rifle outside a Prophet Muhammad cartoon the Federal level, of course, this means Obama has reached with Iran meets contest, Elton Simpson, 30, logged onto things such as passing a budget. But none of those standards. Moreover, the Twitter. surely it also means protecting our administration’s concealment of Syr- ‘‘Follow @lAbuHu55ain,’’ Mr. Simpson country and its security and the secu- posted, promoting a Twitter account be- ia’s cheating surely foreshadows how it rity of the American people. will look the other way when Iran lieved to belong to Junaid Hussain, a young computer expert from Birmingham, England, That brings me to some business that cheats on any final deal. who moved to Syria two years ago to join we are going to have to conduct here in Assad’s cheating on his chemical the Islamic State and has become one of the the Congress sometime within the next weapons agreement today is dev- extremist group’s celebrity hackers. couple of weeks before certain provi- astating for the people of Syria, but Well, there is a question—as the arti- sions of the U.S. PATRIOT Act expire Iran’s cheating on a nuclear agreement cle goes on to say—whether or not Mr. on June 1. I believe that if we allow in the future could be catastrophic for Simpson and his colleague, who came, I these provisions to expire, our home- the United States and the world at believe, from Phoenix, AZ, and went on land security will be at a much greater large. to Garland, TX, to carry out this at- risk. So I think we need to talk a little I suggest the absence of a quorum. tack—whether they were actually re- bit about it and explain not only the The PRESIDING OFFICER. The cruited ahead of time by ISIL or threat but what our intelligence com- clerk will call the roll. munity and our national security offi- The senior assistant legislative clerk whether ISIL just claimed credit after the fact. But the article goes on to say: cials are doing, working with Congress proceeded to call the roll. and the administration, to make sure It was the first time that the terror group Mr. CORNYN. Mr. President, I ask Americans are safe, and the PATRIOT unanimous consent that the order for had tried to claim credit for an operation carried out in its name on American soil. Act is part of it. the quorum call be rescinded. . . . Yet Mr. Simpson appears to have been I recognize there are many who per- The PRESIDING OFFICER. Without part of a network of Islamic State adherents haps haven’t read the PATRIOT Act or objection, it is so ordered. in several countries, including the group’s whose memories have perhaps dimmed PATRIOT ACT hub in Syria, who have encouraged attacks since those terrible events on 9/11 and Mr. CORNYN. Mr. President, in Feb- and highlighted the Texas event as a worthy who think we don’t need the PATRIOT ruary, the Director of the National target. Act. But I would argue that the PA- Counterterrorism Center estimated Mr. President, I ask unanimous con- TRIOT Act serves as a tool for intel- that nearly 20,000 foreign fighters had sent to have printed in the RECORD, fol- ligence and law enforcement officials joined ISIS or other related groups in lowing my remarks, this New York to protect our Nation from those who Syria. Among those, some 3,000 were Times article from May 11, 2015, and a are seeking to harm us. Three of those from Western countries. In other Wall Street Journal article from May useful tools will expire at the end of words, many of them either had Amer- 12, 2015, by Michael B. Mukasey. the month, including section 215, which ican passports or those that are part of So what FBI Director Comey has ex- allows the National Security Agency to the visa waiver program and could pressed concern about recently is ap- access certain types of data, including travel, really, without anything other parently very real. It is as real as the phone records.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.011 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2823 There has been a lot of misunder- Before an analyst at the NSA can telligence, such as this program I am standing and, frankly, some of it down- even search for or query the database, discussing. right deceptive, about what this does, they must go through even more con- Earlier this year, for example, the when, in fact, section 215 is a business trols, and these are important. To be United States frustrated a potential at- records collection provision that hap- granted the ability to search the data- tack by a man from Ohio. He was an pens to be applied to collecting phone base, the analyst must demonstrate to ISIS sympathizer and had plans to records but not the content of phone the FISA Court—the Foreign Intel- bomb the building we are standing in records. This is one of the misleading ligence Surveillance Court created by today, the U.S. Capitol. That potential statements made by some folks who Congress for this purpose—that there is attack was thwarted by the use of good think we ought to let this provision ex- a reasonable, articulable suspicion that intelligence under the limitations and pire. the phone number is associated with strictures and procedures I described a Right now, under current law, which terrorism. moment ago. Over the past 2 years, the is set to expire June 1, our intelligence This is similar—not the same but FBI has told us they have stopped 50 community can get basically three similar—in many respects to the pro- American citizens from traveling over- types of information about a phone tections offered in a criminal case seas and joining the Islamic State and record: the calling and receiving num- under the Fourth Amendment to the then coming back. So clearly the intel- ber, the time of the call, and the dura- Constitution where law enforcement ligence community has a vital role to tion. That is it—no content, no names agencies would have to come in and es- play in safeguarding the American peo- or addresses. You can’t even get cell tablish probable cause that a crime has ple in our homeland. tower identification that would tell been committed before a search would Some in the intelligence community one where the call is coming from. be allowed. But since this is an inves- have said the bulk data collection I Much has been said about this pro- tigation into foreign-induced terrorist have described here briefly has led to a gram, and, as I said, much of it mis- activity, the standard Congress set was safer United States, and it is because of leading or downright false, but I want a reasonable, articulable suspicion that programs such as these that we are to focus now on the oversight that is the phone number is associated with much better off than we were pre-9/11. built into this program because I think terrorism. If the court determines that That is very important because the Americans understand we need to take standard has been met, they can grant last thing I would think we would want steps in a dangerous world to keep the access to the conversation but not to do here in Congress is to return us American people safe, but they also under any other circumstance. to a pre-9/11 mentality when it comes value their privacy, and justly so. We If the NSA believes the phone num- to the threat of terrorism both abroad all do. So it is important to remind the ber belongs to someone who intends to and here at home and to make it hard- American people and our colleagues as attack our country, the Agency must er for our national security personnel we take up this important provision of go back to court another time to be to protect the American people. law about what we have already built granted other abilities to surveil that I believe the portion of the PATRIOT into the law to protect the privacy of individual. Act in question provides our intel- American citizens who are not engaged In addition to these checks and bal- ligence community with the tools they in any communication with foreign ances between the National Security need in order to effectively protect all terrorists or being inspired by foreign Agency and the courts, all three Americans. terrorists to commit acts of terrorism branches of government have oversight I have been briefed on this program. here in the homeland. over this program. And strong over- We just had a briefing yesterday by the Let me talk about the barriers we sight of the intelligence community is Office of the Director of National Intel- have created in the law for an NSA— absolutely essential to safeguarding ligence, by the FBI Director, by DOJ National Security Agency—analyst to our freedoms and our liberty. personnel, and by the leader of the Na- overcome before seeing any real infor- Because parts of this program are by tional Security Agency. It was held mation from this data. First, for the and large classified, you are not going downstairs in a secure facility because, NSA to have access to phone records at to hear public debates about it. Indeed, as I said, much of it was classified. all—at all—a special court must ap- that puts defenders of the program at Much of it we can’t talk about without prove an order requiring telephone some disadvantage to those who attack alerting our adversaries to ways to cir- companies to provide those call records it—sometimes in a misleading or de- cumvent it. But all responsible Mem- to the Agency. That order has been in ceptive sort of way—because it is very bers of Congress have taken advantage place since roughly 2006, where the difficult to counter that with factual of the opportunity to learn about how Foreign Intelligence Surveillance information when they are talking this program works as part of our over- Court, the specialized court created by about a classified program, or parts of sight responsibilities. Congress for this purpose, has issued an which are classified. It is important I remain convinced that this pro- order requiring the telephone compa- that our enemies don’t know exactly gram, like many others, has helped to nies to turn over these call records— what we are doing because then they keep us safe while using appropriate again, no content, no name and ad- can wire around it. checks and balances to ensure that our dress, but merely the sending number, We live, of course, in a world with liberties remain intact. And Congress, the receiving number, and the dura- many threats, as I said, many of them by maintaining strong oversight of tion. That is the core information in our backyard. Many of them can be these and other government programs, which is required. thwarted with good intelligence and can have a win-win situation that both It is important to point out that law enforcement. And I make that dis- protects American lives and protects these records include only the most tinction on purpose—intelligence and American liberties. basic limited information. They do not law enforcement. Law enforcement—as Mr. President, I want to draw my col- include the information I suggested we learned with 9/11, we can’t just treat leagues’ attention to an opinion piece earlier—the content, names and ad- terrorism as a criminal act. It is a that appeared today in the Wall Street dresses, and the like. criminal act, but if we are going to Journal that was written by Michael B. So the National Security Agency is stop it, we need access to good intel- Mukasey, who, of course, was a former not, as some have assumed wrongly, ligence to thwart it before that act ac- U.S. district judge and more recently able to retrieve old phone conversa- tually occurs. It is not enough to say Attorney General of the United States tions. They do not collect that sort of to the American people: Well, we will from 2007 to 2009. General Mukasey information, nor are they able to sim- deploy all of the tools available to law writes in this article about the Second ply listen in on any American’s phone enforcement to prosecute the person Circuit opinion that has prompted so conversations under this authority. who murders innocent people. We need much recent discussion about section That would be a violation of the pro- to keep the commitment to protect 215 of the PATRIOT Act and the bulk tections Congress has put in place them from that innocent slaughter in metadata collection process I described under the provisions of the PATRIOT the first place, and the only way we do a moment ago. I think he makes some Act. that is by using legitimate tools of in- very important points.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2824 CONGRESSIONAL RECORD — SENATE May 13, 2015 First of all, he makes the important [From the New York Times, May 11, 2015] known as Abu Abdullah Britani, who accord- point that it is a good thing Congress CLUES ON TWITTER SHOW TIES BETWEEN ing to SITE is believed to be Abu Rahin Aziz, has created a special Foreign Intel- TEXAS GUNMAN AND ISIS NETWORK a radical British national who skipped bail (By Rukmini Callimachi) to join the terror group. They also included ligence Surveillance Court because the an alleged American fighter called Abu Second Circuit Court of Appeals, no Hours before he drove into a Texas parking Khalid Al-Amriki and numerous female Is- matter how good they are as judges, lot last week and opened fire with an assault lamic State jihadists. simply doesn’t have the experience to rifle outside a Prophet Muhammad cartoon Many of Mr. Simpson’s posts announced contest, Elton Simpson, 30, logged onto the new Twitter handles of Islamic State deal with parsing the law on intel- Twitter. ligence matters and things such as this members whose accounts the social media ‘‘Follow @lAbuHu55ain,’’ Mr. Simpson company had suspended, messages com- 215 provision I talked about a moment posted, promoting a Twitter account be- monly called ‘‘shout-outs.’’ ago. lieved to belong to Junaid Hussain, a young ‘‘He was taking part in shout-outs of ISIS computer expert from Birmingham, England, accounts that were previously suspended, He makes the important point that who moved to Syria two years ago to join intelligence by its nature is forward- and this shows a pretty deep involvement in the Islamic State and has become one of the the network online,’’ says J. M. Berger, a looking and our criminal justice sys- extremist group’s celebrity hackers. senior fellow at the Brookings Institution tem, which is what most courts have This seemingly routine shout-out is an in- and co-author of a book about the Islamic experience with, is backward-looking— triguing clue to the question of whether the State. ‘‘He was wired into a legitimate for- in other words, something bad has al- gunmen, Mr. Simpson and Nadir Soofi, 34, eign fighters network.’’ ready happened and the police and in- both of Phoenix, were acting in concert with Starting last fall, the Islamic State has re- the Islamic State, also known as ISIS or vestigators and prosecutors are trying peatedly called for attacks in the West by ISIL, in carrying out an attack outside a supporters with no direct connection to its to bring somebody to justice for com- community center in Garland, Tex. The Is- core leadership, and there have been at least mitting a criminal act. But our intel- lamic State said two days later that the two six attacks in Europe, Canada and Australia ligence community is supposed to look men, who were killed by officers after open- by gunmen who appeared to have been in- forward and to help prevent those ter- ing fire, were ‘‘soldiers of the Caliphate.’’ It spired by the group. Each attacker left an rible accidents or incidents from occur- was the first time that the terror group had online trail similar to that of Mr. Simpson, tried to claim credit for an operation carried ring in the first place. though not all were in contact with Islamic out in its name on American soil. State operatives in Syria. The second point General Mukasey As the gunmen were driving toward the A review of Mr. Simpson’s Twitter account makes in this article is that the Sec- Curtis Culwell Center, Mr. Hussain logged shows that he interacted not just with sym- ond Circuit panel of judges assumes onto Twitter himself from half a world away, pathizers of the Islamic State, but also with firing off a series of posts in the hour before fighters believed to be in Syria and Africa. that many Members of Congress are the attack began at 7 p.m. on May 3. One simply unaware of the provisions of the Some of these fighters later posted on Twit- message posted to his account about 5:45 ter details of Mr. Simpson’s biography not PATRIOT Act I mentioned earlier— p.m. seemed to predict imminent violence: yet in the public sphere, suggesting that he section 215, this metadata collection— ‘‘The knives have been sharpened, soon we had shared details about his life with them. which is a terrible and glaring mistake will come to your streets with death and ‘‘The thing that clearly stands out if you on the part of the Second Circuit panel. slaughter!’’ peruse the Texas shooter’s timeline is his After the attack, Mr. Hussain was in the third to last tweet,’’ the one promoting Mr. As I pointed out yesterday, just as we first wave of people who praised the gunmen, Hussain, said Daveed Gartenstein-Ross, a have done many times previously, before his account was suspended. senior fellow who researches extremism at Members of the Senate and the Con- Law enforcement officials have not pre- the Foundation for the Defense of Democ- gress generally have regular or at least sented any conclusive evidence that the Is- racies and who shared a PDF of Mr. Simp- periodic briefings on these intelligence lamic State planned or directed the attack. son’s Twitter history. Yet Mr. Simpson appears to have been part programs as part of our oversight re- Veryan Khan, who helps run the Terrorism of a network of Islamic State adherents in Research and Analysis Consortium, said that sponsibilities. For the Second Circuit several countries, including the group’s hub Mr. Simpson probably urged others to follow panel to suggest that Congress didn’t in Syria, who have encouraged attacks and Mr. Hussain in order to draw broader atten- know what it was talking about when highlighted the Texas event as a worthy tar- tion to his forthcoming attack. ‘‘He wanted it authorized these programs and when get. to make sure everyone in those circles knew it wrote this provision of the law is Counterterrorism officials say the case what he’d done,’’ she said. ‘‘It was attention- simply erroneous. shows how the Islamic State and its sup- seeking—that’s what it looks like,’’ added porters use social media to cheerlead for at- Ms. Khan, whose organization tracks some The third point General Mukasey tacks without engaging in the secret train- 5,000 Islamic State figures and supporters. makes is that the judges didn’t even ing, plotting and control that has long char- While still living in Birmingham, Mr. stop the program in the first place. So acterized Al Qaeda. But a close look at Mr. Hussain rose to notoriety as a hacker work- it makes one really wonder why they Simpson’s Twitter connections shows that ing under the screen name Tr1Ck, and he was handed down their opinion about 3 he had developed a notable online relation- believed to be a core member of what was ship with some of the Islamic State’s best- called TeaM p0isoN. The team claimed a weeks before the expiration of this pro- known promoters on the Internet, and that string of high profile cyberattacks, hacking vision, when Congress is going to have they actively encouraged such acts of terror. into a Scotland Yard conference call on com- to take up this matter anyway, unless Speaking of the Texas case last week, bating hackers and posting Facebook up- they wanted to have some impact on James B. Comey, the director of the Federal dates to the pages of its chief executive, our deliberations here. Bureau of Investigation, said the distinction Mark Zuckerberg, and former President between an attack ‘‘inspired’’ by a foreign Nicolas Sarkozy of France. What Attorney General Mukasey terrorist group and one ‘‘directed’’ by the Mr. Hussain was eventually arrested, and suggested, I think, is good advice. group ‘‘is breaking down.’’ he served a six-month prison sentence before There needs to be an appeal to the Sec- ‘‘It’s not a useful framework,’’ he added. traveling to Syria. He has since been linked ond Circuit Court en banc and then to Mr. Simpson was radicalized years before to a number of Islamic State hacking at- the U.S. Supreme Court to get a final the Islamic State announced in 2014 that it tacks overseas, though some security offi- word. We don’t need to settle on what was creating a caliphate, a unified land for cials have doubts about his role. Muslims, and drew global attention for terri- Another well-known promoter of the Is- he calls a ‘‘Rube Goldberg’’ procedure torial gains and brutal violence. He was in- lamic State who engaged with Mr. Simpson that would have data stored and vestigated by the F.B.I. starting in 2006 and was a jihadist known on Twitter as Mujahid searched by the telephone companies, was sentenced to probation in 2011 for lying Miski, believed to be Mohamed Abdullahi he says, whose computers can be pene- to investigators. But like many young Mus- Hassan, a Somali-American from Minnesota. trated and whose employees have nei- lims drawn by the sensational image of the Though Mr. Hassan lives in Somalia, he has ther the security clearance nor the Islamic State, he enthusiastically joined its emerged as an influential recruiter for the training of the NSA staff. virtual community of supporters. group. An analysis of Mr. Simpson’s Twitter ac- On April 23, the account Mujahid Miski Mr. President, I commend this article count by the SITE Intelligence Group, which shared a link on Twitter to a listing for the to my colleagues. tracks extremist statements, found that Mr. Muhammad cartoon contest and goaded his Simpson followed more than 400 other ac- followers to attack it. ‘‘The brothers from There being no objection, the mate- counts, including ‘‘hardcore I.S. fighters the Charlie Hebdo attack did their part. It’s rial was ordered to be printed in the from around the world.’’ They included an time for brothers in the #US to do their RECORD, as follows: alleged British fighter for the Islamic State, part,’’ he wrote. Among the nine people who

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.014 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2825 retweeted his call to violence, according to locations, for a limited time period and mission to examine the data, and then to SITE, was Mr. Simpson. under a number of restrictions.’’ In addition each telephone company in turn, with no re- Three days later, Mr. Simpson reached out to being given briefing papers, lawmakers quirement that the companies retain data to Mujahid Miski on Twitter, asking him to had available live briefings, including from and thus no guarantee that it would even be message him privately. Whether they actu- the directors of the FBI and the National In- there. These constitute burdens on national ally communicated, or what they may have telligence office. security with no meaningful privacy protec- said, is not publicly known. Minutes before In any event, no case until the judicial tion. Mr. Simpson arrived at the cartoon event in panel’s ruling last week has ever held that a The president’s plan would make pro- Garland and began shooting, he went on federal tribunal may engage in telepathic tecting national security more difficult. We Twitter one last time to link the attack to hallucination to figure out whether a statute would all have been better off if the Second the Islamic State. ‘‘The bro with me and my- has the force of law. Circuit panel had avoided needless complica- self have given bay’ah to Amirul The panel adds that because the program tion and instead emulated the judicial mod- Mu’mineem,’’ he wrote, using the vocabulary was highly classified, Congress didn’t have esty of their Ninth Circuit and D.C. Circuit of the Islamic State to say that they had the benefit of public debate. Which is to say, colleagues. given an oath of allegiance to the Emir of no truly authorized secret intelligence-gath- ering effort can exist unless we let in on the Mr. CORNYN. I yield the floor to the the Believers—the leader of the Islamic majority leader. State, Abu Bakr al-Baghdadi. secret those from and about whom the intel- ‘‘May Allah accept us as mujahedeen,’’ he ligence is to be gathered. Overlooked in this The PRESIDING OFFICER. The ma- wrote, adding the hashtag ‘‘#TexasAttack.’’ exertion is the Founders’ foresight about the jority leader. Among those who retweeted this last post need for secrecy—expressed in the body of UNANIMOUS CONSENT AGREEMENT—EXECUTIVE was Mr. Hussain, the Islamic State hacker in the Constitution in the requirement that CALENDAR each legislative house publish a journal of its Syria. ‘‘Allahu Akbar!!!!’’ he wrote. ‘‘2 of our Mr. MCCONNELL. Mr. President, I brothers just opened fire at the Prophet Mu- proceedings ‘‘excepting such Parts as may in their Judgment require Secrecy.’’ ask unanimous consent that at 1 p.m. hammad (s.a.w) art exhibition in Texas!’’ he today, the Senate proceed to executive added, using the Arabic abbreviation for But isn’t the misbegotten ruling by this ‘‘peace be upon him.’’ trio of federal judges correctable on appeal? session to consider Executive Calendar After Mr. Simpson’s death, Mujahid Miski Or won’t it be made moot because the Pa- No. 80, the nomination of Sally Yates tweeted a series of posts, calling Mr. Simp- triot Act must be reauthorized by June 1 and to be Deputy Attorney General; that son ‘‘Mutawakil,’’ ‘‘One who has faith,’’ a Congress will either enact substitute legisla- there be 1 hour for debate, equally di- tion, or let the statute lapse, or simply reau- variation on Mr. Simpson’s Twitter handle, vided in the usual form; that upon the ‘‘Atawaakul,’’ meaning ‘‘To have faith.’’ thorize it with full knowledge of how the program works? Here the Second Circuit’s use or yielding back of time, the Sen- ‘‘I’m gonna miss Mutawakil,’’ Mujahid ate proceed to vote without inter- Miski wrote. ‘‘He was truly a man of wisdom. opinion is problematic in ways not imme- I’m gonna miss his greeting every morning diately apparent. vening action or debate on the nomina- The judges didn’t reverse the lower-court on twitter.’’ tion; that following disposition of the opinion upholding the NSA data-collection nomination, the motion to reconsider program and order the program stopped. [From the Wall Street Journal, May 12, 2015] be considered made and laid upon the Rather, the panel simply vacated that opin- IMPEDING THE FIGHT AGAINST TERROR ion and sent the case back to the lower court table; that no further motion be in THE APPEALS-COURT RULING ON SURVEILLANCE to decide whether it is necessary to stop the order to the nomination; that any WILL HAVE DAMAGING CONSEQUENCES IF program now. By rendering its order in a statements related to the nomination OBAMA DOESN’T APPEAL non-final form, the panel made it less likely be printed in the RECORD; that the (By Michael B. Mukasey) that the Supreme Court would hear the case President be immediately notified of Usually, the only relevant objections to a even if asked, because the justices generally the Senate’s action, and the Senate judicial opinion concern errors of law and won’t take up issues that arise from non- then resume legislative session and the fact. Not so with a federal appeals court rul- final orders. Moreover, the opinion tries to head off the motion to proceed to H.R. 1314. ing on May 7 invalidating the National Secu- argument that if Congress reauthorizes the The PRESIDING OFFICER. Is there rity Agency’s bulk collection of telephone Patriot Act in its current form, lawmakers objection? metadata under the USA Patriot Act. will have endorsed the metadata program. Not that the ruling by the three-judge Without objection, it is so ordered. The panel writes: ‘‘If Congress fails to reau- panel of the Second Circuit in New York The Senator from Rhode Island. thorize Section 215 itself, or re-enacts Sec- lacks for errors of law and fact. The panel Mr. WHITEHOUSE. Mr. President, I tion 215 without expanding it to authorize found that when the Patriot Act, passed in ask unanimous consent to speak for up the telephone metadata program, there will the aftermath of 9/11, permitted the govern- to 15 minutes as in morning business. be no need for prospective relief, since the ment to subpoena business records ‘‘rel- program will end.’’ That is, unless Congress The PRESIDING OFFICER. Without evant’’ to an authorized investigation, the adopts the panel’s view of what Congress has objection, it is so ordered. statute couldn’t have meant bulk telephone done, rather than its own view of what it has CLIMATE CHANGE metadata—consisting of every calling num- done, the program must end. ber, called number, and the date and length Mr. WHITEHOUSE. Mr. President, I Then there is the opinion’s timing. The am here today for the 99th time to re- of every call. case was argued eight months ago. This opin- That ends up subpoenaing everything, the ion, or one like it, easily could have been mind us that we are sleepwalking our panel reasoned, and what is ‘‘relevant’’ is published in time for orderly review by the way to a climate catastrophe, and that necessarily a subset of everything. In aid of Supreme Court so the justices could weigh it is time to wake up. this argument the panel summons not only matters arguably critical to the nation’s se- NOAA, the National Oceanic and At- the dictionary definition of an investigation, curity. Or the panel could have followed the mospheric Administration of the but also the law that relates to a grand-jury example of the D.C. Circuit and the Ninth United States, recently announced an subpoena in a criminal case, which limits the Circuit—which have had cases involving the government to ‘‘relevant’’ information. ominous milestone. This March, for the NSA’s surveillance program pending for first time in human history, the Yet the judicial panel failed to consider months—and refrained from issuing an opin- the purpose of the statute it was analyzing. ion that could have no effect other than to monthly average of CO2 in our atmos- The Patriot Act concerns intelligence gath- insert the views of judges into the delibera- phere exceeded 400 parts per million. ering, which is forward-looking and nec- tions of the political branches. This chart shows the global concentra- essarily requires a body of data from which What to do? An administration firmly tion of carbon dioxide over the last few potentially useful information about events committed to preserving all surveillance years as measured by NOAA. The level in the planning stage may be gathered. A tools in a world that now includes al Qaeda, varies with the seasons. The Earth sort grand jury investigation, by contrast, is Islamic State and many other terror groups, backward-looking, and requires only limited would seek a quick a review by the Supreme of inhales and exhales carbon dioxide data relating to past events. A base of data Court. But President Obama has already as the seasons pass. But overall, we can from which to gather intelligence is at least stated his willingness to end bulk collection see the steady prominent upward arguably ‘‘relevant’’ to an authorized intel- of metadata by the government. Instead, he march of CO2 levels, rising right here ligence investigation. wants to rely on a Rube Goldberg procedure to above 400 parts per million for the Equally serious an error is the panel’s sug- that would have the data stored and month of March 2015. gestion that many, perhaps most, members searched by the telephone companies (whose Scientists at NOAA’s Mauna Loa Ob- of Congress were unaware of the NSA’s bulk computers can be penetrated and whose em- servatory in Hawaii first measured an metadata collection when they repeatedly ployees have neither the security clearance reauthorized the statute, most recently in nor the training of NSA staff). atmospheric concentration of CO2 2011. The judges suggest that an explanation The government, under Mr. Obama’s plan, above 400 parts per million in 2013—for of the program was available only in ‘‘secure would be obliged to scurry to court for per- the very first time. It reached up and it

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.001 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2826 CONGRESSIONAL RECORD — SENATE May 13, 2015 touched 400 parts per million for the failed its procedural vote in the Senate other country’s climate commitments. first time and then receded again. Now, this week—a bill that would make it And we have heard nothing to suggest 2 years later, as we continue dumping easier for the administration to com- the Pacific trade bill will be any bet- carbon pollution into the atmosphere, mit the United States to new sweeping ter. the average weekly air sample from trade agreements. What we do know about the Pacific NOAA’s entire global network of sam- The first agreement waiting to get trade bill is not encouraging. The Pa- pling stations measured an average—a through is the Trans-Pacific Partner- cific trade bill, in its agreement under month-long average—of 400 parts per ship—some call it the TPP—which is negotiation as we see it now, includes million for the entire month of March. being sold as ‘‘a trade deal for the 21st the horrible investor-state dispute set- That is a daunting marker. century.’’ But when it comes to cli- tlement mechanism, called ISDS, a Global carbon concentrations haven’t mate change, the fast-track bill and mechanism that allows big multi- been this high for at least 800,000 years, the Pacific trade bill aren’t 21st cen- national corporations and their inves- much longer—much longer—than hu- tury solutions. They are business as tors to challenge a country’s domestic mankind has walked the Earth. Every usual. rules and regulations—outside of that year, that concentration increases. Past trade deals have not been kind country’s judicial process, outside of The fact that increasing levels of car- to workers in Rhode Island. I have been any traditional judicial process, out- bon in the atmosphere warm the planet to Rhode Island factories and seen the side of appeal, outside of traditional ju- has been established science for 150 holes in the floor where machinery had dicial baseline principles such as prece- years. Science on this was being pub- been unbolted and shipped to other dent. lished in scientific journals when Abra- countries for foreign workers to per- Increasingly, these ISDS challenges ham Lincoln in his top hat was walk- form the same job for the same cus- are being turned against countries’ en- ing around Washington. We have tomers on the same machines. That is vironmental and public health stand- pumped more and more carbon pollu- what we saw from trade bills. The ards. Fossil fuel companies such as tion into the atmosphere, and we have trade advocates always say it is going Chevron and ExxonMobil have brought measured corresponding changes in to be wonderful, but then what do we hundreds of disputes against almost 100 global temperatures. see? Jobs offshored again and a huge governments when those governments’ Now, there is some mischief afoot, trade deficit. policies threaten corporate profits. In people who cherry-pick the data to cre- Past U.S. trade deals have required fact, more than 85 percent of the more ate false impressions—to create false participating countries to join some than $3 billion awarded to corporations doubt. Well, the honest thing to do is multilateral environmental agree- and investors in disputes have come to look at all of the data. When we ments, including agreements to protect from challenges against natural re- look at all of the data, we see long- endangered species, whales, and tuna; source, energy, and environmental policies. term warming. We see warming so ob- to help keep the oceans free of pollu- Last week, on the floor I compared vious that scientists call the evidence tion; and to protect the ozone layer by the Big Tobacco playbook—that is the reducing the use of HFCs and other unequivocal—unequivocal. That is one that was found by a Federal court ozone-depleting gases. But I haven’t about as strong a science word as we to be a civil racketeering enterprise— seen much enforcement, and every- can have. to the fossil fuel industry’s scheme to where we look things are getting Evidence of the changing climate, undermine climate action in the the consequences of unchecked carbon worse. I am not impressed. When it comes to climate change, the United States. pollution, abounds: more extreme The comparisons are self-evident. fast-track bill is silent. There is no weather, rising sea levels, and warming Well, the tobacco industry is in on the mention of, let alone protection for, and acidifying oceans—all as predicted. trade challenge game as well, chal- These changes are already starting to commitments the United States and lenging countries’ antismoking meas- hurt people, through more severe heat other countries might make to cut car- ures under the guise of protecting free waves, parched fields, flooded towns bon pollution. trade. and homes, altered ecosystems, and The United Nations Framework Con- If a country wants new health or en- threatened fisheries. We have certainly vention on Climate Change is the main vironmental rules, big multinationals seen the fisheries change at home in international agreement for dealing can use this ISDS process to thwart my State of Rhode Island. We are al- with climate change. The Senate rati- them. They don’t necessarily even have ready starting to pay the price of our fied this treaty in 1992, and since then, to bring the challenge. Just threat- continued and reckless burning of fos- under various administrations, the ening to seek extrajudicial judgments sil fuels. United States has taken a leading role in the millions or even billions of dol- Dr. James Butler, the Director of under the framework to reach global lars from panels stacked with cor- NOAA’s Global Monitoring Division, accord and, particularly, to work to porate lawyers can be enough to make says: reach a global accord in Paris later countries stop protecting the health of Elimination of about 80 percent of fossil this winter. The Paris accord is per- their citizens. We have seen the pol- fuel emissions would essentially stop the rise haps our last best hope to put the luters use these tools already. This is in carbon dioxide in the atmosphere, but world on a path that avoids severe cli- not conjecture. It is what is happening. concentrations of carbon dioxide would not mate disruption, even climate catas- Why open U.S. climate regulations to start decreasing until even further reduc- trophe. this risk? Why put our commitment to tions are made. That fast-track bill and the Pacific climate action at the mercy of these We need to cut our use of fossil fuels, trade bill ought to enable and support sketchy panels? What will keep the fos- we need to cut energy waste, and we our trade partners to live up to their sil fuel industry from threatening need to generate more of our energy climate agreement. Those bills ought smaller countries in Paris to discour- from clean and renewable sources. We to protect countries that act to address age them from climate accords? Where need to do it, and we can do it. We have climate change. In particular, they are the safeguards? Why should we ac- the technologies and the policies avail- ought to protect them from the threat cept trade deals that do not keep safe able right now. We can choose to level of trade sanctions or from corporate from that kind of threat a country’s le- the playing field for clean energy, to challenges seeking to undermine sov- gitimate efforts to control carbon pol- make polluters pay for the climate ereign countries’ climate laws. lution? Why give the polluters this costs of their pollution, and to move These 21st century agreements on club? forward to a low-carbon economy—the trade ought to match our 21st century It is not news to Congress that the one with the green jobs, with the commitments on climate, but they fossil fuel industry does not play fair; American innovation, with the safer don’t. Fast-track is silent on the it plays rough. We see that every day. climate. But we are not going to get United Nations Framework Convention The fossil fuel industry has used Citi- there with business as usual. on Climate Change and on climate zens United to beat and cajole the Re- That brings me to the fast-track change more broadly. Fast-track pro- publican Party in Congress into becom- trade bill, which, I am glad to say, vides no protection for our own or any ing the political arm of the fossil fuel

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Basically, she said yes, she did. to the 2014 DHS Directive until Feb- vered across Rhode Island as an envi- She answered that she has been ‘‘serv- ruary 18, 2015.’’ ronmentalist, has now become the po- ing as the Acting Deputy Attorney I would like to read some of the com- litical arm of the fossil fuel industry. General of the Department of Justice. ments from the judge’s opinion. Judges It is not its high point in history. It is And the Department of Justice is cur- take this seriously; they are not just a party that lines up behind climate rently litigating this matter.’’ She fur- saying these things for fun. denial. ther stated that ‘‘the Department of Judge Hanen said this: If the fossil fuel industry is willing to Justice has filed pleadings with its po- Whether by ignorance, omission, purpose- impose its will that way on the Con- sition and I stand by those pleadings,’’ ful misdirection, or because they were mis- gress, why would we trust them with which I suppose she should. led by their clients, the attorneys for the this ISDS mechanism to threaten and Two things about that. Historically, Government misrepresented the facts. bully governments around the rest of the Attorney General of the United He didn’t say that lightly. When U.S. the world? States understands that their role is attorneys and other Federal prosecu- A 21st-century trade deal ought to different from a lower official, but in- tors appear in court, they have an ab- acknowledge the 21st-century reality of deed they have to advise the President solute duty to tell the truth. It is a re- climate change. We have right now the on matters of constitutional authority sponsibility that every judge knows technology and the ingenuity to ad- and tell the President no when a and every government attorney knows. dress this problem and to boost our strong-willed President wants to do When a government attorney goes into economy into the future. For the first something that is not correct. court and they are asked whether they time in years, we have international They are not a judicial officer; they are ready, they reply: The United momentum to address this threat. But are part of the executive branch. They States is ready, Your Honor. They have it does not make sense to act on cli- should try to help the President a duty to respond consistently with the mate change in Paris and undermine achieve things the President wants to integrity of the United States of Amer- climate action in our trade deals. We achieve as a matter of policy. I do not ica. We all know that. need to wake up to that little problem, dispute that. But at some point, if the In this case, the government lawyers too. President is seeking to do clearly un- asserted that: I yield the floor. constitutional or illegal, they should No applications for the revised DACA I suggest the absence of a quorum. tell the President so and not acquiesce, would be accepted until the 18th of February, The PRESIDING OFFICER (Mr. in my opinion. The honorable thing to and that no action would be taken on any of GARDNER). The clerk will call the roll. do, as has been done in the past, is to those applications until March the 4th. The legislative clerk proceeded to resign. But if an Attorney General is Regarding this, Judge Hanen said: call the roll. firm and clear and stands in a firm po- This representation was made even as the Mr. SESSIONS. Mr. President, I ask sition, then often the President will Government was in the process of granting unanimous consent that the order for back down and avoid a constitutional over 100,000 three-year renewals under the re- the quorum call be rescinded. crisis and keep our government going vised DACA. The PRESIDING OFFICER. Without in the right way. It goes on: objection, it is so ordered. The Deputy Attorney General is the In response to this representation, counsel NOMINATION OF SALLY YATES Department’s second-ranking official for the States agreed to a schedule more fa- Mr. SESSIONS. Mr. President, I and functions as its chief operating of- vorable to the Government, and the Court would like to share some thoughts on ficer. The 25 components and 93 U.S. granted the Government’s request not only the nomination of Ms. Sally Yates to attorneys—I was a U.S. attorney for 12 to file a sur-reply, but also to have addi- be Deputy Attorney General. That is years, 15 years at the Department of tional time to do so. The States now argue the second in command at the U.S. De- Justice; I am proud of that service and that they would have sought a temporary re- partment of Justice. It is a very impor- straining order, but for the Government’s proud of the Department of Justice— misrepresentations. A review of the Chro- tant position. She has had over the they report directly to the Deputy, and nology of Events, attached as an appendix to years a good background in general for 13 additional components report to the this Order, certainly lends credence to the us to consider that she would be able to Deputy through the Associate Attor- States’ claims. handle that job in an effective way. ney General. So, on a daily basis, the That is a pretty serious allegation. She understands the system. She has Deputy Attorney General decides a Not only did they misrepresent key been at the Department of Justice for a broad range of legal, policy, and oper- facts, but they used that misrepresen- number of years. I have no concern ational issues. tation to achieve a favorable schedule, with her personal integrity or work Ms. Yates, I suggest, is a high rank- which often in litigation is important. ethic or her desire to do well. ing official who holds a position—un- The judge goes on to say: However, Congress and the executive like a U.S. attorney or some section The explanation by Defendants’ counsel for branch are on a collision course here. A chief—who is involved in the policy- their conduct after the fact is even more lot of our Members choose not to think making of the Department of Justice. troublesome for the Court. Counsel told the sufficiently about it or consider the In addition to that, the litigation going Court during its latest hearing that she was gravity of it, but I have to say that on in Texas before Judge Andrew unaware that these 2014 DACA amendments Congress needs to defend its institu- Hanen is under her direct supervision, were at issue until she read the Court’s Feb- tional powers. We have certain powers and she is monitoring the lawyers who ruary 16, 2015 Order of Temporary Injunction we can use to defend constitutionally are advocating a position that is op- and Memorandum Opinion and Order. Coun- the responsibilities we have and to re- posed by a majority of the State attor- sel then claimed that the Government took ‘‘prompt’’ remedial action. This assertion is ject executive overreach—not many, neys general of the United States. A belied by the facts. Even if one were to as- but we have some real powers we can majority of them have filed a lawsuit, sume that counsel was unaware that the 2014 use. and they contend that the President’s DACA amendments in their entirety were at Apparently, it is all right for the Executive amnesty—an even more dra- issue until reading this Court’s February President to use all his powers and matic assertion of Executive power Opinion, the factual scenario still does not more. It is perfectly all right, I sug- than his original amnesty in 2012—is suggest candor on the part of the Govern- gest, that we in the Senate use the contrary to the law and Constitution. ment. powers we clearly and unequivocally She is direct supervisor over that liti- Government counsel have an abso- and indisputably have. gation. lute duty of candor to the court. That I want to tell you how I see the situa- On April 7 of this year, Judge Andrew is a serious charge by the Federal tion with this nomination. I asked her Hanen issued a blistering opinion in judge. directly at her confirmation hearing, the litigation that is ongoing that the It goes on:

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Under these rules of conduct, a lawyer counsel could not have been expected to re- with a President who overreaches, a must be completely truthful and forthright view it until the next day; yet, for the next President who makes law rather than in making representations to the Court. Fab- two weeks, the Government did nothing to rications, misstatements, half-truths, artful enforces law? We learned in elementary inform the Court of the 108,081 revised DACA omissions, and the failure to correct school that Congress makes law and approvals. Instead, less than a week later, on the President enforces law. The Chief February 23, 2015, the Government filed a misstatements may be acceptable, albeit Motion to Stay and a Notice of Appeal. De- lamentable, in other aspects of life; but in Executive cannot make up law. He can- spite having had almost a week to disclose the courtroom, when an attorney knows that not issue decrees and then declare they the truth—or correct any omission, mis- both the Court and the other side are relying are the law of the land. How funda- understanding, confusion, or misrepresenta- on complete frankness, such conduct is unac- mental is that? ceptable. tion—the Government did not act promptly; Professor Jonathan Turley at George instead it again did nothing. Surely, an advi- I don’t think that is a little matter. Washington University Law School is a sory to this Court (or even to the Court of I am just saying this nominee had constitutional expert and a supporter Appeals) could have been included in either those lawyers under her supervision at of President Obama. He testified before document filed during this time period. Yet, the time this occurred. We have had a counsel for the Government said nothing. our Judiciary Committee, and other lot of talk over the years from Demo- committees, a number of times over So the court goes on: crats and Republicans about demand- Mysteriously, what was included in the the years, mostly for the Democrats, I ing higher standards of professionalism think—at least from the times I re- Government’s February 23, 2015 Motion to among government prosecutors and Stay was a request that this Court rule on member. This is what Professor Turley the Motion ‘‘by the close of business on lawyers. I think that is a legitimate has warned Congress about. Wednesday, February 25. . . . ’’—in other demand. We have had too many exam- I urge colleagues to understand what words, within two days. Had the Court com- ples of failures. we are considering here. He said: plied with this request, it would have cut off Sometimes lawyers—I have seen it— the States’ right to file any kind of reply. If for the government have been unfairly I believe the President has exceeded his this Court had ruled according to the Gov- brief. The president is required to faithfully criticized. I don’t think there is any execute the laws. He’s not required to en- ernment’s requested schedule, it would have dispute that the judge’s findings in this ruled without the Court or the States know- force all laws equally or commit the same ing that the Government had granted 108,081 case represent an accurate statement resources through them. But I believe the applications pursuant to the revised DACA of the misrepresentations and disingen- President has crossed the constitutional line despite its multiple representations to the uousness of these attorneys. in some of these areas. contrary. Has any discipline been undertaken Here he is referring to the original The attorneys were telling the Court against them? I am not saying Ms. DACA. He said: they had not granted any of these ap- Yates knew this. I am just saying that This goes to the very heart of what is the plications and had stopped it while, in if you are the responsible supervisor, Madisonian system. If a president can unilat- fact, over 108,000 applications had been shouldn’t you take some action to deal erally change the meaning of laws in sub- issued. with it, and to my knowledge, none has stantial ways or refuse to enforce them, it The court goes on to say: been taken, even at some point the De- takes offline that very thing that stabilizes While this Court is skeptical that the Gov- partment of Justice suggested they did our system. I believe the members will ernment’s attorneys could have reasonably nothing wrong. loathe the day that they allow this to hap- believed that the DACA amendments con- Basically, the Department of Justice pen. tained in the 2014 DHS Directive were not at has said the court is incorrect in its He is testifying before the House of issue prior to the injunction hearing on Jan- finding, which I don’t think can be jus- Representatives and talking directly to uary 15, 2015, this Court finds it even less tified. Members of Congress. He said that you conceivable that the Government could have thought so after the January 15, 2015 hear- On May 7, 2015, the Department of will loathe the day that you allowed ing, given the interplay between the Court Justice notified the court of an addi- this to happen. and counsel at that hearing. Regardless, by tional misrepresentation regarding ap- He also said: their own admission, the Government’s law- proximately 2,000 individuals being This will not be our last president. There yers knew about it at least as of February 17, granted three-year work authoriza- will be more presidents who will claim the 2015. Yet, they stood silent. Even worse, they tions subsequent to this opinion and in same authority. urged this Court to rule before disclosing violation of the original court order. He further said: that the Government had already issued OK. So you say, well, maybe she is 108,081 three-year renewals under the 2014 The problem of what the President is doing DACA amendments despite their statements not responsible for that, but I do be- is that he is not simply posing a danger to to the contrary. lieve the Deputy Attorney General— the constitutional system; he is becoming The judge goes on to say: acting now—is responsible for taking the very danger the Constitution was de- action against attorneys who breached signed to avoid: that is, the concentration of Another week passed after the Motion to power in a single branch. This Newtonian Stay was filed and still the Government the proper standards of ethical con- orbit that the three branches exist in is a stood mute . . . Still, the Government’s law- duct. But we are drifting too far, in my delicate one, but it is designed to prevent yers were silent . . . Finally, after waiting opinion, into a postmodern world, this type of concentration. two weeks, and after the States had filed where rules don’t seem to make much their reply, the Government lawyers filed difference. You can just redefine the That is what Professor Turley said to their Advisory that same night at 6:57 p.m. meaning of words and you can just the Members of the House of Rep- CST. Thus, even under the most charitable say—once caught in some wrong- resentatives. He goes on to say: interpretation of these circumstances, and doing—well, we didn’t mean it or that We are creating a new system here, some- based solely upon what counsel for the Gov- thing that is not what was designed. We have ernment told the Court, the Government is not correct or the facts are different, this rising fourth branch in a system that is knew its representations had created ‘‘confu- when the facts show what the facts tripartite. The center of gravity is shifting, sion,’’ but kept quiet about it for two weeks show. It is an unhealthy trend in this and that makes it unstable. And within that while simultaneously pressing this Court to country, I think. It is particularly un- system, you have the rise of an uber presi- rule on the merits of its motion. At the acceptable in the Department of Jus- dency. There could be no greater danger for March 19, 2015 hearing, counsel for the Gov- tice. That was a great department. It individual liberty, and I really think that ernment repeatedly stated to the Court that has high standards. It is filled with the framers would be horrified by that shift they had acted ‘‘promptly’’ to clarify any many of the best lawyers of the highest because everything they’ve dedicated them- ‘‘confusion’’ they may have caused. But the selves to was creating this orbital balance, facts clearly show these statements to be integrity anywhere in the world, but and we’ve lost it. disingenuous. The Government did anything sloppy work and disingenuousness can- but act ‘‘promptly’’ to clarify the Govern- not be acceptable. I believe the Depart- We need to listen to this. The Presi- ment-created ‘‘confusion.’’ ment of Justice needs to do more, and dent is issuing orders that nullify law,

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.024 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2829 actually creating an entirely new sys- power and undermines the constitu- need to stand up to the Chief Execu- tem of immigration that Congress re- tional authority of the people’s branch. tive, this Chief Executive while he is in jected. He proposed all of this, and Con- We are not going to confirm them office now, and if we don’t, when we go gress flatly refused to pass it. He then and allow them to continue to go to to another election cycle, the powers declares he has the power to do this court every day and take a position di- he has aggrandized to himself will be system anyway, and he is doing it. This rectly contrary to the authority that claimed by the next President. judge has finally stopped part of it for has been given by the Constitution to Truly so. That is a grim warning he the moment. the Congress. That is pretty simple. So has given us. I am ready and I think it Professor Turley is talking about we have that power. We can confirm or is time for us to stand up and be clear deep constitutional questions and what not confirm any nominee to any posi- about this. our duty is here. It is not a question of tion. We absolutely should not abuse So, regretfully, I feel compelled to what you believe about immigration or that power. We shouldn’t attack people carry out one of the powers Congress how you should believe the laws are to personally and attack their ethics just has clearly been given—the power to be written or enforced. We can debate because we disagree with their policies. confirm or reject nominations for high- that. But there should be unanimous I think Ms. Yates, as I said, is a re- er office. I believe we should reject the agreement on both sides of the aisle sponsible person, but she is the point nomination for the Department of Jus- that the President enforce the laws we person, the supervisor of a litigation tice Deputy Attorney General who is have—the laws duly passed by Con- that has gone awry in a number of advocating and pursuing a lawsuit that gress—and not create some new law ways in Texas and fundamentally is goes against the constitutional powers and enforce them. seeking to advance an unconstitutional of the Congress, and therefore I will be Mr. Turley goes on to say: power by the Chief Executive. I don’t voting no on the nomination. I believe that [Congress] is facing a critical believe it is a little matter. I think it I thank the Chair, and I yield the crossroads in terms of its continued rel- is a big matter. Therefore, I will not floor. evance in this process. What this body can- vote for her confirmation on that basis. I suggest the absence of a quorum. not become is a debating society where it Some of our Members haven’t The PRESIDING OFFICER (Mr. can issue rules and laws that are either com- thought this through yet, but sooner or SASSE). The clerk will call the roll. plied with or not complied with by the presi- later we are going to have to confront The senior assistant legislative clerk dent. . . . [A] president cannot ignore an ex- press statement on policy grounds. . . . Is the stark question of how long can we proceeded to call the roll. this [Congress] truly the body that existed remain effectively silent in the face of Mr. MENENDEZ. Mr. President, I ask when it was formed? Does it have the same Presidential overreach. unanimous consent that the order for gravitational pull and authority that was Professor Turley, in January of this the quorum call be rescinded. given to it by the framers? year testified before the Senate Judici- The PRESIDING OFFICER. Without That is what Mr. Turley says. Then ary Committee during the confirma- objection, it is so ordered. he looks directly at the Members of tion hearing for the Attorney General AMTRAK TRAIN DERAILMENT Congress and says: nominee, and added these words: ‘‘If Mr. MENENDEZ. Mr. President, I You’re the keepers of this authority. You there is an alternative in unilateral ex- rise to bring attention to the tragic took an oath to uphold it. And the framers ecutive action, the legislative process Amtrak derailment that took at least 7 assumed that you would have the institu- becomes purely optional and discre- lives and caused over 140 injuries, in- tional wherewithal, and, frankly, ambition tionary.’’ cluding an Associated Press member to defend the turf that is the legislative In other words, if the Chief Executive from New Jersey, Jim Gaines of branch. can execute an alternative power to Plainsboro, NJ. Our thoughts and pray- I think that is a legitimate charge to pass laws and execute policies he wants ers are with the families of those who the Members of Congress—House and if they are contrary to Congress’s will, lost their lives. To those of us from Senate. then the legislative process becomes New Jersey and those who live along Professor Turley goes on to say: purely optional and discretionary. It the Northeast corridor, they are our The current passivity of Congress rep- has to be mandatory. It can’t be that neighbors, our friends, our relatives. resents a crisis for members, crisis of faith our power is optional. They could be us. It hits especially for members willing to see a president as- He goes on to say: sume legislative powers in exchange for insu- close to home. I know, because I take lar policy gains. The short term insular vic- The real meaning of a president claiming Amtrak virtually every week back to tories achieved by this president will come discretion to negate or change Federal law is New Jersey. at a prohibitive cost if the balance is not the discretion to use or ignore the legislative There was a period of time last night corrected. Constitutional authority is easy process. No actor in a Madisonian system is when I did not know the whereabouts to lose in the transient shift to politics. It’s given such discretion. All three branches are meant to be locked in a type of constitu- of my son Rob, who was scheduled to far more difficult to regain. If a passion for be on Amtrak back to New York. But I the Constitution does not motivate members tional synchronous orbit—held stable by of Congress, perhaps a sense of self-preserva- their countervailing gravitational pull. If later found out that he was on the next tion will be enough to unify members. Presi- one of those bodies shifts, the stability of the train immediately behind the one that dent Obama will not be our last president. system is lost. derailed, and thankfully, he was safe. I However, these acquired powers will be So the President does not have the am grateful for that. But others were passed on to his successors. When that oc- power to ignore the legislative process, not so lucky. curs, members may loathe the day that they and we are going to regret this day if But luck should not be America’s remain silent as the power of government we remain silent on this issue. transportation policy. It is imperative shifted so radically to the chief executive. I appreciate the opportunity to share that the cause of the derailment be The powerful personality that engendered this with my colleagues. I don’t know fully investigated so that we can pre- this loyalty will be gone, but the powers will remain. We are now at the Constitutional if anybody is listening at this point. vent tragedies such as these in the fu- tipping point of our system. If balance is to Certainly the American people were ture. I have already been on the phone be reestablished, it must begin before this horrified by the Executive amnesty with Secretary of Transportation An- president leaves office, and that will likely carried out by the President last year. thony Fox and continue to monitor require every possible means to reassert leg- He announced it before the election but closely the situation. islative authority. held off until afterward. Still, there is I want to recognize the extraordinary What is our authority? How do we re- no doubt in my mind that many of the work of our first responders. Once assert power? I believe it is perfectly people who went to the polls in Novem- again, firefighters, police officers, and constitutionally appropriate for us to ber were voting for a rejection of this emergency responders showed us what tell the President of the United States: kind of Executive overreach. It was a bravery is all about. They ran to the We are not going to confirm your message of this past election. crash site to save lives while others nominee for Deputy Attorney General We took our seats in January, a new were running away. For that, we of the United States, who is directly Congress is here, and Professor Turley should all be grateful. supervising the lawsuits, the litigation has said we need to act and we are not Now, we do not know what caused that is going on that undermines our acting. Professor Turley has said we this accident. But we do know that we

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.026 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2830 CONGRESSIONAL RECORD — SENATE May 13, 2015 need to invest in 21st-century systems Failure to act means construction in this Chamber—Democrats, Repub- and equipment and stop relying on workers now face a 10-percent unem- licans, and Independents alike—will patchwork upgrades to old, rusted 19th ployment rate, and at a time when our come together, will work together, and century rail lines. infrastructure is crumbling around us, make real progress in building the fu- I travel Amtrak, as I said, virtually they will not get the work they need. It ture that we can be proud of. every week. I travel the Acela, which is means a business cannot compete in a We can start by putting politics aside supposed to be our high-speed rail. It is globalized economy because their to think about the safety of the Amer- like shake, rattle, and roll. As a mem- goods cannot get to market in time. It ican people, to think about the future, ber of the Senate Foreign Relations means a working mother is stuck in to think about America’s competitive- Committee, I have traveled in other traffic and cannot get home in time for ness, and to find common ground to do countries in the world, such as Japan. dinner with her kids. In the very worst whatever it takes to invest in Amer- They have a bullet train in which you cases—cases such as the one we saw ica’s railroads, ports, highways, and virtually cannot feel anything while yesterday on Amtrak—it very well bridges, and to invest in our future. you are on the train, going at speeds means that a loved one is lost in a So let’s not wait until there is an- far in excess of what we call high-speed senseless tragedy. other tragic headline or to see the con- rail. In Congress, we too often treat our sequences of what flows, as people Now, there are still many questions infrastructure as if it is an academic along the entire Northeast corridor are to which we do not know the answers. exercise, as if it is numbers on a page trying to figure out alternatives in the Was there human failure? Was there a that we adjust to score political points midst of a system that is now shut mechanical failure or were there infra- or balance a budget or make an argu- down for intercity travel—all the tran- structure issues or was it a combina- ment about what types of transpor- sit lines of States and regions within tion of issues? What we do know is that tation are worthy of our support. But the Northeast corridor that depend our rail passengers deserve safe and that is not the real world. In the real upon using Amtrak lines to get to dif- modern infrastructure. New Jersey, for world, the choices we make have an ferent destinations for their residents, example, is at the heart of the North- impact on people’s lives, on their jobs, to get people to one of the great hos- east corridor. It has long held a com- on their income. They have an impact pitals along the Northeast corridor, to petitive advantage with some of the on our Nation’s ability to compete. get people to their Nation’s Capital to Nation’s most modern highways, an ex- They have an impact on the safety of advocate with their government, to get tensive transit network, and some of Americans and America’s ability to people and the sales forces of compa- the most significant freight corridors lead globally the economy in the world. nies to work, to get home. in the world at the confluence of some We in Congress are failing to recog- Let’s not wait until we have another of the largest and busiest rail lines, nize the real-world impacts of the tragedy to think about the con- interstates, and ports. choices we make about our transpor- sequences of our transportation sys- In a densely populated State such as tation infrastructure. We have a pas- tem, what it means to the Nation, or New Jersey, the ability to move people senger rail bill that expired in 2013. We until the next time when lives are lost. and goods safely and efficiently is crit- have a highway trust fund on the brink I think we can do much better. I have ical to our economy and critical to our of insolvency, with no plans—no faith that hopefully this will be a quality of life. But, unfortunately, in plans—to fix it sustainably. We have a crystalizing moment for us on this recent years, New Jersey and the Na- crowded and outdated aviation system critical issue. tion as a whole have fallen behind. We that we refuse to adequately fund. We I yield the floor. have 20 years maximum—maximum— have failed to upgrade with presently I suggest the absence of a quorum. before the Hudson River tunnels are available technologies that can reduce The PRESIDING OFFICER (Mr. taken out of service. Twenty years the number of failures. We have appro- PERDUE). The clerk will call the roll. may sound maybe to some of our young priations bills aiming to cut already- The senior assistant legislative clerk pages like a long time, but it is a flash low funding levels of Amtrak, in par- proceeded to call the roll. of the eye. Think about what happens ticular, to meet an arbitrary budget Mr. LEAHY. Mr. President, I ask if we take either or both of those tun- cap for the sake of political points. unanimous consent that the order for nels out of service without an alter- I cannot understand that. I cannot the quorum call be rescinded. native, tunnels that are absolutely es- understand that. We are living off the The PRESIDING OFFICER. Without sential to moving people and goods in greatest generation’s investment in in- objection, it is so ordered. the region that contributes $3.5 trillion frastructure in this country. We have f to our Nation’s economy—20 percent of done nothing to honor that invest- EXECUTIVE SESSION the entire Nation’s gross domestic ment, to sustain it or to build upon it. product. Yet nothing we are doing is aimed at Nationwide, 65 percent of major roads fixing the problem. Our inaction comes NOMINATION OF SALLY QUILLIAN in America are in poor condition. One with an extraordinarily high cost. So I YATES TO BE DEPUTY ATTOR- in four bridges in our Nation needs sig- can tell you, as the senior Democrat on NEY GENERAL nificant repair. There is an $808 billion the subcommittee on mass transit, I The PRESIDING OFFICER. Under backlog in highway and bridge invest- categorically reject the idea that we the previous order, the Senate will pro- ment needs. On the transit side, there cannot afford to fix our transportation ceed to executive session to consider is an $86 billion backlog of transit system. the following nomination, which the maintenance needs—maintenance The truth is, we cannot afford not to clerk will report. needs, not expanding, just maintaining fix it. The Amtrak disaster last night The legislative clerk read the nomi- that which we have. is a tragic reminder that we have to nation of Sally Quillian Yates, of Geor- It will take almost $19 billion a year act. We are reminded of the tragic con- gia, to be Deputy Attorney General. through the year 2030 to bring our tran- sequences of inaction and the impact of The PRESIDING OFFICER. There sit assets into good repair. These are inaction on the lives of workers and will now be up to 1 hour of debate, just a handful of the statistics under- families, on their lives and their abil- equally divided in the usual form. scoring our Nation’s failure to invest ity to get to work and do their jobs The Senator from Vermont. in our transportation network. But we with confidence that they will be safe. Mr. LEAHY. Mr. President, I am de- have to get beyond looking at the num- So, as a member of the Finance Com- lighted we have the confirmation of bers on a page. We have to talk about mittee, and the ranking member of the Sally Yates before the body. I have what Congress’s failure to act means to transit subcommittee, I have been ad- pushed for a vote for several weeks, the people we represent, to every com- vocating that we act as soon as pos- and now I know we are finally going to munity—every community, every com- sible. We cannot keep pretending the confirm Sally Yates to be our next muter, every family, everyone who problem is going to resolve itself if we Deputy Attorney General of the United travels every day, and every construc- just wait long enough. We simply can- States. I think she will be easily con- tion worker looking for a job. not afford to wait. I hope that everyone firmed. I know there has been a delay

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.028 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2831 of several weeks getting her here, but I she has taken on, she will tell you that Almost 3 weeks ago, her nomination thank Senator ISAKSON, who worked so it involved a pro bono representation was voted out of Committee with hard to get her before this body. It when she was just out of law school. strong bipartisan support, so this nom- should not have taken this long. Ms. As a junior associate at a law firm, ination should not be an occasion for Yates was voted out of the Judiciary Ms. Yates represented the first Afri- further partisanship. The responsibil- Committee with overwhelming bipar- can-American family to own land in ities of the Deputy Attorney General tisan support almost 3 weeks ago. We Barrow County, GA, in a property dis- are too important to the safety and se- are finally voting to confirm her today pute. The family had obtained a deed curity of all Americans to be held up to serve as the second highest law en- to their property, but lacking trust in any longer. The dedicated public serv- forcement office in our country, and it the court system, had failed to record ants at the Justice Department deserve is long past due. This is the least we their deed in a timely manner. As a re- a confirmed leader in this crucial posi- can do to honor law enforcement, as it sult, when the adjoining property was tion, and I know Sally Yates will serve is National Police Week. sold, a dispute arose as to who owned with distinction as our next Deputy The Deputy Attorney General is crit- part of the land. Ms. Yates filed suit to Attorney General of the United States. ical to the efficient functioning of the recover the family’s property. After a I thank her for her willingness to con- Department of Justice. The person 1-week trial—in which she helped con- tinue to serve this great Nation, and I serving in that position works dili- vince a member of the ‘‘Dixie Mafia’’ want to publicly congratulate her on gently behind the scenes. The position to testify in court on behalf of the fam- this well-deserved appointment. ily—she was able to win the case before requires someone who is of utmost TRIBUTE TO ERIC HOLDER competence, who prioritizes the De- an all-white jury. Mr. President, I want to talk about a According to Ms. Yates, it was the partment above all else, and who exe- different but related issue. cutes the mission and vision of the At- most meaningful case of her career be- Two weeks ago, after 5 long months, torney General. cause it gave the African American Loretta Lynch was finally sworn in as We are actually fortunate here. We family she represented a sense of trust the 83rd Attorney General of the in the judicial system that they pre- will have an Attorney General and a United States. I know she is going to viously lacked. This case represents Deputy Attorney General whose back- be an exceptional Attorney General, who she is as an attorney: someone grounds are very similar—both have and she has an exceptional deputy in who uses the judicial system as a force shown their ability as law enforcement Sally Yates. But I want to speak here officers, both have been prosecuting at- for good. It is also an example of why she will about the remarkable service of Eric torneys, and both have similar views, thrive as the Deputy Attorney General. Holder, who has just left as Attorney as we saw during the confirmation While most people seek the spotlight General. hearings, on all the major issues. Many don’t realize that he came to by pursuing high-profile matters, Sally Sally Yates is an ideal person for this the Justice Department as a 25-year- Yates devotes herself to the matters position, as those who know her can at- old law school graduate in 1976. He has that are less glamorous, but just as im- test. She was born and raised in At- portant. served at nearly every level of the De- lanta, GA. She grew up seeing the jus- Ms. Yates also deserves praise for her partment over the past four decades. I tice system as a force for good. There dedication to sentencing reform and believe we owe him our gratitude for was no need to look outside her home the clemency initiative begun by her his commitment to public service. for an Atticus Finch to look up to be- predecessor, Jim Cole. It is encour- I also know on a personal basis how cause her family members lived that aging to see that we will continue to much Marcelle and I appreciate the example. Her father, Kelly Quillian, have individuals in the Justice Depart- friendship we have with Eric and his was a judge on the Georgia Court of ment’s leadership who understand the wonderful wife, Sharon. When Eric Holder’s nomination was Appeals; her grandfather, Joseph inequities in our criminal justice sys- Quillian, was a justice on the Georgia tem’s sentencing practices and the con- first announced in 2008, I said that we Supreme Court; and at a time when sequences of mass incarceration. As needed an Attorney General who, as women did not fill the ranks of the she made clear when she testified be- Robert Jackson said 68 years ago, legal system, her grandmother, Tab- fore the Judiciary Committee, sen- ‘‘serves the law and not factual pur- itha Quillian, became one of the first tencing reform is critical to ensure poses, and who approaches his task women to be admitted to the Georgia that we better allocate our limited law with humility.’’ Well, that is what I bar. Ms. Yates carried on that family enforcement resources and to make our said we needed, and that is what we tradition, becoming a top-notch lawyer country safer. The clemency initiative got. It is the kind of man Eric Holder who has prioritized public service is an important part of that process as is and the kind of Attorney General he above all else. well and I am glad that I have her com- has been. He understands our moral For more than 25 years, Sally Yates mitment that it will be a priority. and legal obligation to protect the fun- served as a prosecutor in the Office of Sally Yates has received strong bi- damental rights of all Americans and the U.S. Attorney for the Northern Dis- partisan support for her nomination. to respect the human rights of all peo- trict of Georgia. For the past 5 years Among the letters of support the Judi- ple. His leadership over the past 6 years she has served as U.S. Attorney of that ciary Committee has received are those shows us that. district, following her unanimous con- from Georgia’s Republican Governor, I was there when he was sworn in as firmation by the Senate in 2010. Nathan Deal; Georgia’s Republican At- the 82nd Attorney General. His family Since January of this year, she has torney General, Samuel Olens; and was there—his wife, mother, children, served as Acting Deputy Attorney Gen- former Democratic Senator from Geor- and others. Upon being sworn in, he eral. I have been at briefings she has gia, Sam Nunn. She also has the sup- immediately changed the tone of the given to Members of the Senate. I have port of law enforcement and civil Department. As he finished taking the also been at briefings at the White rights leaders. oath, you heard this roar throughout House where she has briefed the Presi- At her nomination hearing, Ms. the marbled and granite halls of the dent on issues before the country. She Yates was introduced by Congressman Department of Justice. The building is an experienced and dedicated pros- JOHN LEWIS, Senator PERDUE and Sen- literally shook with cheers. The dedi- ecutor with a well-deserved reputation ator ISAKSON. As Senator ISAKSON cated professionals knew the Depart- for fairness, integrity, and toughness. noted when Ms. Yates was first nomi- ment was once again going to be dedi- She is perhaps best known for her nated this past December, ‘‘Sally Yates cated to a nonpartisan search for jus- successful prosecutions of the Atlanta is an exceptionally skilled attorney tice for all Americans. These are high- Olympics bomber, who pled guilty in with a strong record of public service ly professional and highly dedicated exchange for a life sentence without and a well-qualified nominee to be Dep- men and women appointed by both Re- parole; and for her prosecution and uty Attorney General.’’ Prior to his re- publican and Democratic administra- conviction of a former Atlanta mayor tirement, Senator Saxby Chambliss tions, who set aside politics. They just for tax evasion. However, if you were also spoke out in support of Ms. Yates’ want professionalism. And they knew, to ask her the most significant case nomination. with Eric Holder, they would get it.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.043 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2832 CONGRESSIONAL RECORD — SENATE May 13, 2015 His decision to dismiss the charges long. This has resulted in our Federal place so many of us feel should be brought during the Bush administra- prisons at nearly 40 percent over- closed. Let them come before our court tion against former Senator Ted Ste- capacity, consuming nearly one quar- system. Let’s make sure they are ade- vens because of prosecutorial mis- ter of the Justice Department’s budget. quately represented—both sides. conduct was a courageous decision. And this growth has been largely driv- The list of his accomplishments goes But, more importantly, it sent a strong en by our misplaced reliance on drug on. The Attorney General’s leadership message that misconduct would not be mandatory minimums. These manda- ensured that the most vulnerable tolerated under his watch, and the De- tory minimums too often see no dif- Americans are protected by the Justice partment would adhere to the highest ference between drug couriers and drug Department, including those who have ethical standards. kingpins. suffered from hate crimes, domestic vi- This sense of fairness and justice also Attorney General Holder’s ‘‘Smart on olence, and human trafficking. He led Eric to restore what he fondly re- Crime’’ Initiative, along with guided the Department’s steadfast im- fers to as the conscience of the Nation, Congress’s effort to reform our Na- plementation of vital legislation which the Civil Rights Division of the Justice tion’s sentencing laws, has been an es- passed through Congress, including the Department. sential step toward addressing these Matthew Shepard and James Byrd Jr. His work on voting rights is among problems. No Attorney General in our Hate Crimes Prevention Act and the the most important during his tenure, Nation’s history has recognized the in- Leahy-Crapo Violence Against Women and in the last 6 years, he has had his equities of our criminal justice system Reauthorization Act. These historic work cut out for him. After the Su- more than Eric Holder. He has proven civil rights bills greatly expanded pro- preme Court’s disastrous decision in that addressing these inequities leads tections for the LGBT community, for Shelby County v. Holder, where a nar- to a more effective system. In fact, rape victims, and for Native American row majority gutted the Voting Rights with Eric Holder, as our Nation’s chief domestic violence victims. As one who Act, the Attorney General recommit- law enforcement officer, last year—for led the fight on many of these issues, I ted the Justice Department to safe- the first time in 40 years—the overall can tell my fellow Senators that it guarding the right to vote for every crime rate and the overall incarcer- would have been impossible to pass American. And that he did so at a time ation rate declined together. them without Eric Holder’s powerful when these constitutional rights were The Attorney General’s commitment commitment to protecting the most under attack has been supremely im- to fairness went well beyond sen- vulnerable among us. portant. tencing reform. I look at the calm that I talked about how when he returned For Eric Holder, this cause is not he brought when he visited Ferguson, to the Justice Department in 2009, ca- new. It is as deep as his family roots, MO, in the midst of chaos and fear. He reer attorneys lined the hallways to which include the work of his late sis- helped to bridge the distrust between welcome back one of their own—cheers ter-in-law Vivian Malone, Sharon’s sis- law enforcement and the Ferguson shook those walls. It had been a very ter, who fought against segregation community. He deserves praise for the difficult time for the Department. Dur- and for equal rights as a college stu- Justice Department’s investigation and ing the previous administration, there dent, seeking admittance to the Uni- reporting of the police department and were scandals of politicized hiring, the versity of Alabama in 1963. I know that the circumstances surrounding that decimating of the Civil Rights Divi- Eric is deeply proud of her and of the shooting. These reports are scru- sion, the U.S. Attorney firing scandal, countless brave men and women who pulously fair and they are fact-based. and the legal opinions defending the fought for equal voting rights and civil His work has made the city of Fer- use of torture. But 6 years later, in his rights for every American. Each gen- guson reassess its practices, but it has final day at the Department, those eration has its trailblazers who con- also provided a path forward for both same professionals, appointed by both tribute to our march toward equality. I law enforcement and the broader com- Republican and Democratic adminis- and my family believe that history will munity alike. trations, again lined the hallways in count Eric Holder among those patri- Now, to go to one other point. I share gratitude to Eric Holder for his work ots. Attorney General Holder’s belief that restoring integrity to the Department. Eric Holder did not simply look to we should not be afraid to prosecute Eric Holder restored the public’s con- correct the misguided practices of a terrorists in our Federal courts in ac- fidence in the Department. He leaves a previous administration. He sought to cordance with the rule of law. Department that is now living up to its bring this Nation forward with an With Eric’s leadership, we proved we name, the Department of Justice. acute understanding that the fight for could hold terrorists accountable by I am thankful for his dedicated, un- civil rights is not a single movement of making them answer for their crimes wavering service to our country. We five decades ago. The fight, as he in public, for the world to see. Since have a better Department of Justice knows, continues. Attorney General Holder assumed of- because of Eric Holder’s leadership. We Attorney General Holder recognized fice, the Department of Justice has se- are a better nation because of Eric that the constitutionality of the De- cured over 180 terrorism-related con- Holder. fense of Marriage Act, which discrimi- victions. This shows his dedication to Ms. MIKULSKI. Mr. President, I am nated against Americans simply for upholding the rule of law, even under in support of Ms. Sally Quillian Yates, whom they loved, could no longer be the most difficult of circumstances. of Georgia, to be the next Deputy At- defended by the Justice Department. That is arguably one of his most endur- torney General of the United States. The Supreme Court’s decision to strike ing legacies. Ms. Yates has been acting as Deputy down section 3 of DOMA vindicated his I know a number of people, including Attorney General since January of this decision. Some argued that it was the some on this floor, would stand up and year and has a long and successful ca- Justice Department’s duty and obliga- say: Well, we should lock these terror- reer in public service. Graduating from tion to defend the constitutionality of ists up at Guantanamo. We are afraid the University of Georgia School of that statute. But just as our country to let them come to our country. We Law in 1986, with honors of magna cum came to see separate as inherently un- should not allow them here. laude, she went on to spend more than equal, I believe Attorney General Hold- Instead, Eric Holder said: What are 20 years ensuring our streets were safe er’s decision will be further vindicated we afraid of? We have the finest crimi- and our rights were protected in the with time. Discrimination has no place nal justice system in the world. Bring U.S. attorney’s office in Georgia. Ms. in our laws. Rooting it out takes lead- them here; let the rest of the world see Yates served as the chief of the fraud ership—the kind of leadership Eric what happens. and public corruption section and was Holder is known for. One by one, he did just that. They the lead prosecutor in the case against He also recognized the inequities in were each convicted, and they are all Eric Rudolph, the Olympic Park Bomb- our criminal justice system and the serving extremely difficult sentences. er in Atlanta. consequences of mass incarceration. What he said is, we should not turn our She was the first woman to serve as Our criminal justice system serves to backs on the values of America by U.S. attorney in the Northern District imprison too many offenders for too locking them up in Guantanamo—a of Georgia, confirmed by this body on

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.045 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2833 March 10, 2010. Ms. Yates also served as Is this country going to allow itself would not be before us if it were not for vice chair of the Attorney General’s to be considered a third-rate country in the Senator from Vermont. He has Advisory Committee. infrastructure? By the way, that is not been great in the process. Ms. Yates has not been afraid to take even to speak about what infrastruc- I think it is fortuitous and it is a on complex and challenging cases and ture does when you build it, the num- good omen that the junior Senator has handled herself with profes- ber of jobs. If you talk to road builders, from Georgia is the Presiding Officer sionalism and integrity. She is effec- they will tell you that for every billion at a time when we will elect the Dep- tive in problemsolving and provides dollars, thousands of new jobs are cre- uty Attorney General, Sally Quillian reasonable and rational solutions. I am ated. Yates, to her position. confident she will serve the American Confronting the safety issue is what Sally Quillian Yates is a human people with distinction and dedication. we are focused on here with this ter- being I have known for almost 40 years. I look forward to working with her in rible accident. Our heart goes out to For 25 years, she has been the lead my role as vice chairwoman of the Sen- the victims. But at the same time, we prosecutor in the Northern District of ate Appropriations Committee and the have to look to the future, and we have Georgia. She has been an equal oppor- Subcommittee on Commerce, Justice, to get our heads out—our collective tunity prosecutor—she has prosecuted Science and Related Agencies Sub- heads—of the sand and start producing Democrats, Republicans, Independents, committee. the funding for infrastructure invest- Olympic Park bombers, anybody who AMTRAK TRAIN DERAILMENT ment. violated the public trust. Any abuse of Mr. NELSON. Mr. President, just a I think back to the time in the power, Sally Yates has gone after quick comment, if I may, about this depths of the recession—as the Senator them, and she has won. She is fair. She tragedy that is now up to 7 deaths and from Vermont will recognize—that we is smart. She is intelligent. about 150 people who were injured in were going to do an economic stimulus As a Georgia Bulldog—I realize the this Amtrak derailment. There was a bill. We tried to get increased infra- junior Senator is from Georgia Tech, so report out of the Wall Street Journal structure spending, and we were voted I am going to throw this in—as a Geor- just a few minutes ago that apparently down in the stimulus bill. Here we are gia Bulldog, she is what we call a dou- the train was going 100 miles per hour years later, out of the recession, the ble dog. She has her bachelor’s degree going into a curve and that the curve economy is returning, the jobs are in- and law degree from the University of speed should have been 50 miles per creasing, but our infrastructure is still Georgia and graduated magna cum hour. If that is the case, that would in- crumbling. laude from the University of Georgia dicate the conductor would not have I speak about this as the ranking Law School. been aware of what was happening or member of the commerce committee, Sally Quillian Yates is a great Geor- was negligent in what was happening. and fortunately we have a chairman gian who will become a great Deputy But there is something we can do about who feels the same way. Senator THUNE Attorney General of the United States that, and it is called positive train con- and I are going to be working on this of America. I commend her to each of trol. Indeed, this is an issue which is as well as things I suggested a moment our colleagues and ask the Senators to facing all of the railroads. The infra- ago about positive train control to im- vote and send a unanimous vote for structure is very expensive, and the prove the safety of our traveling pub- Sally Quillian Yates to be Deputy At- question is, How much should it be de- lic. torney General. layed in the future because it is not Mr. President, I have one more thing The distinguished chairman of the ready to go? I would like to say. committee is coming to the floor. Let Positive train control would—in Mr. LEAHY. Is it on the pending me end my remarks by saying that places where there is potential danger business? Senator GRASSLEY has been of immeas- or the potential of two trains colliding, Mr. NELSON. It is not. Does the Sen- urable help in ensuring that Sally there is automatic monitoring, and ator want me to stop so he can talk Quillian Yates gets to this position. I electronically it would change the about the Assistant Attorney General? thank the Senator for his support. Un- speed of the train. Mr. LEAHY. If we could. less he has something to say, I yield Interestingly, Amtrak in the North- Mr. NELSON. Of course. back the remainder of our time. east corridor already has some of this I yield the floor. Mr. GRASSLEY. No. positive train control on the tracks, Mr. LEAHY. I thank the senior Sen- Mr. ISAKSON. I yield back my time but apparently it did not at this par- ator from Florida. and the remainder of the majority ticular location, in which case, that Mr. President, earlier I spoke prais- time. begs the question, What do we need to ing Sally Yates. In my words on the Mr. LEAHY. Mr. President, if we do if this is ultimately, by the NTSB floor, I also spoke about the senior have nobody here seeking recognition, investigation, determined to be the Senator from Georgia, about all the we have a few minutes left, and I am cause? help he has given on this. I want to perfectly willing to yield back that One of the things this Senator would make sure I also include the distin- time also. suggest is that we certainly do not guished Presiding Officer, Senator I do yield it back. want to cut Amtrak’s budget. To the PERDUE, who, under our rules, cannot The PRESIDING OFFICER. All time contrary, I would think we would want speak from the chair, but I would note is yielded back. to increase Amtrak’s budget. I am for the other Senators how his testi- The question is, Will the Senate ad- rounding numbers here, but Amtrak mony was so supportive of Sally Yates, vise and consent to the nomination of basically has about $3 billion in reve- and also, in the committee on which he Sally Quillian Yates, of Georgia, to be nues, but they have about $4 billion in and I serve, he voted for Sally Yates. Deputy Attorney General? expenses. The difference is made up by Thus, both he and his colleague, Sen- Mr. GRASSLEY. Mr. President, I ask the Federal Government. In the past, ator ISAKSON, were extremely valuable for the yeas and nays. that difference has been about $1.4 bil- in this. I do not want anybody to think The PRESIDING OFFICER. Is there a lion. The House is considering legisla- I was not aware of their support. I sufficient second? tion that would cut that down to $1.1 would say to both Senators from Geor- There is a sufficient second. billion, when, in fact, Amtrak is asking gia that I am deeply appreciative. The clerk will call the roll. for $2 billion. I yield to the senior Senator from The bill clerk called the roll. Is the funding the only question? I do Georgia. Mr. CORNYN. The following Senators not think we will know until we get The PRESIDING OFFICER. The Sen- are necessarily absent: the Senator the NTSB investigation report. How- ator from Georgia. from Florida (Mr. RUBIO) and the Sen- ever, we should know this: Railroads Mr. ISAKSON. I thank the distin- ator from Pennsylvania (Mr. TOOMEY). and roads and bridges and other infra- guished ranking member of the Judici- Mr. DURBIN. I announce that the structure are in desperate need of re- ary Committee and my dear friend Sen- Senator from Pennsylvania (Mr. pair and enhancement and expansion, ator LEAHY for all his help and for his CASEY) and the Senator from Vermont and that is going to take revenue. kind remarks. Sally Quillian Yates (Mr. SANDERS) are necessarily absent.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.015 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2834 CONGRESSIONAL RECORD — SENATE May 13, 2015 The PRESIDING OFFICER. Are there pursuing reasonable options that are under rule XXII be deemed expired at any other Senators in the Chamber de- actually designed to get a good policy 10 p.m. on Thursday night. siring to vote? result in the end. The PRESIDING OFFICER. Is there The result was announced—yeas 84, That is why I have agreed to keep my objection? nays 12, as follows: party’s significant concession of offer- The Democratic leader. [Rollcall Vote No. 177 Ex.] ing to process both TPA and TAA on Mr. REID. Reserving the right to ob- YEAS—84 the table. It is why I have said we ject, Mr. President. could also consider other policies that First of all, I want to take just a very Alexander Fischer Mikulski Ayotte Flake Murkowski Chairman HATCH and Senator WYDEN brief minute and express my apprecia- Baldwin Franken Murphy agree to. That is why I will keep my tion to all my Democratic colleagues Barrasso Gardner Murray commitment to an open amendment who have been understanding and vocal Bennet Gillibrand Nelson Blumenthal Graham Paul process once we get on the bill. in their opinions as to what we should Booker Grassley Perdue Of course, our friends across the aisle do to move forward. I also extend my Boxer Hatch Peters say they also want a path forward on appreciation to the Republican leader- Brown Heinrich Portman all four of the trade bills the Finance ship, the majority leader, for having Burr Heitkamp Reed Cantwell Heller Reid Committee passed. This isn’t just an this suggestion to go forward. We have Capito Hirono Roberts issue for our friends on the other side, worked together the last 24 hours, and Cardin Hoeven Rounds but there is a great deal of support on I think we have come up with some- Carper Isakson Sasse our side for many of the things con- Cassidy Johnson Schatz thing that is fair. Coats Kaine Schumer tained in these other bills. However, as The bipartisan majority of the Fi- Cochran King Scott a senior Senator in the Democratic nance Committee reported out four Collins Kirk Shaheen leadership reminded us yesterday, we trade measures, fast-track, trade ad- Coons Klobuchar Stabenow Corker Leahy Tester have to take some of these votes sepa- justment assistance, trade enforce- Cornyn Lee Thune rately or else we will kill the under- ment, and a bill expanding trade for Af- Cruz Manchin Tillis lying legislation. rica. Democrats want a path forward Daines Markey Udall So the plan I am about to offer will on all four parts of this legislation. Donnelly McCain Warner Durbin McCaskill Warren provide our Democratic colleagues Yesterday, we made it clear that we Enzi McConnell Whitehouse with a sensible way forward without didn’t accept merely a fast-track for Ernst Menendez Wicker killing the bill. new trade agreements. We also must Feinstein Merkley Wyden The plan I am about to offer will enforce the trade agreements we make. NAYS—12 allow the regular order on the trade The proposal before us today will Blunt Inhofe Sessions bill, while also allowing Senators the provide us that path forward. I look Boozman Lankford Shelby opportunity to take votes on the Cus- forward to consideration today and to- Cotton Moran Sullivan toms and preferences bills in a way Crapo Risch Vitter morrow of the trade enforcement pack- that will not imperil the increased age and the Africa bill. Once we pro- NOT VOTING—4 American exports and American trade ceed to the fast-track measure, the ma- Casey Sanders jobs that we need. We would then turn jority leader has offered an amendment Rubio Toomey to the trade bill with TPA and TAA as process that in his words will be open, The nomination was confirmed. the base bill and open the floor to robust, and fair. I appreciate that offer. The PRESIDING OFFICER. Under amendments, as I have suggested all This is a complex issue and one that the previous order, the motion to re- week. It is reasonable. deserves full and robust debate. Once consider is considered made and laid So I look forward to our friends we get on the trade bill, then we have upon the table, and the President will across the aisle now joining with us to to debate and vote on a number of be immediately notified of the Senate’s move forward on this issue in a serious amendments. So with that background action. way. and the understanding that we have on f ORDER OF PROCEDURE both sides, I do not object. Mr. President, I ask unanimous con- The PRESIDING OFFICER (Mr. LEGISLATIVE SESSION sent that at 10:30 a.m., tomorrow, May SCOTT). The Senator from Georgia. The PRESIDING OFFICER. Under 14, the Senate proceed to the imme- Mr. ISAKSON. While I do not rise the previous order, the Senate will re- diate consideration of Calendar No. 57, with the intention of objecting, may I sume legislative session. H.R. 1295, and Calendar No. 56, H.R. 644, propound a question to the majority f en bloc; that the Hatch amendments at leader? the desk, the text of which are S. 1267 Mr. REID. Why don’t we get the ap- ENSURING TAX EXEMPT ORGANI- and S. 1269, respectively, be considered proval first. ZATIONS THE RIGHT TO APPEAL and agreed to; that no further amend- Mr. ISAKSON. I would prefer to pro- ACT—MOTION TO PROCEED—Con- ments be in order; and that at 12 noon pound the question first. Mr. Leader, as tinued the bills, as amended, be read a third I understand it, the Africa bill and the The PRESIDING OFFICER. The ma- time and the Senate then vote on pas- trade enforcement bill will be in tan- jority leader. sage of H.R. 1295, as amended, followed dem together and not subject to Mr. MCCONNELL. Mr. President, this by a vote on passage of H.R. 644, as amendment, and then we will go to morning, I restated my commitment to amended, with no intervening action or TPA and TAA, which will be open to working with Senators in a serious way debate, and that there be a 60-affirma- amendments; is that correct? to move our country ahead on trade in tive-vote threshold needed for passage Mr. MCCONNELL. The Senator from the economy of the 21st century. I said of each bill; and that if passed, the mo- Georgia is correct. that we need to allow debate on this tion to reconsider be considered made Mr. ISAKSON. In that case, I will not important issue to begin and that our and laid upon the table. I further ask object, but I ask unanimous consent colleagues across the aisle need to stop that following disposition of H.R. 644, that Senator COONS and I be able to blocking us from doing so. the motion to proceed to the motion to make a 1-minute statement. That is the view from our side, it is reconsider the failed cloture vote on The PRESIDING OFFICER. Without the view from the White House, and it the motion to proceed to H.R. 1314 be objection, it is so ordered. is the view of serious people across the agreed to, the motion to reconsider the Mr. ISAKSON. Mr. President, in the political spectrum. I have repeatedly failed cloture vote on the motion to committee on the AGOA Act, we put in stated my commitment to serious, bi- proceed to H.R. 1314 be agreed to, and an amendment to ensure an in-cycle partisan ways forward on this issue. that at 2 p.m. the Senate proceed to and out-of-cycle review of South Afri- Now, serious and bipartisan does not vote on the motion to invoke cloture can trade practices vis-a´ -vis poultry mean agreeing to impossible guaran- on the motion to proceed to H.R. 1314; and other issues important to the tees or swallowing poison pills designed further, that if cloture is invoked, the United States. We would have offered to kill the legislation, but it does mean 30 hours of postcloture consideration an amendment on the floor had it been

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.021 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2835 possible without this UC, but with this which he is referring, especially his trade policy. I am going to be brief in UC coming forward and not objecting, amendment that we worked on, the opening this discussion, but I want to we have gotten permission to talk to prohibition of child labor, closing an spend a few minutes describing how we Ambassador Froman, who has assured 85-year loophole, if you will, allowing got to this place. us he is willing to instigate an out-of- child labor in far too many cases, and A few weeks ago, the Finance Com- cycle review immediately or whenever we as a nation were allowing the im- mittee met and passed a bipartisan necessary to review the trade practices portation of goods produced by child package of four bills. These were more of South Africa vis-a´ -vis poultry. I labor. I appreciate his support and Sen- than a year in the making. The mes- commend him on doing that and want- ator HATCH’s support early in the proc- sage I sought to send right at the out- ed to memorialize that in the RECORD. ess before the markup began on our set was a message that would respond I yield to Senator COONS for the pur- ‘‘level the playing field’’ language, to all the people in this country who pose of confirmation. which is particularly important to a want to know if you are doing more Mr. COONS. Mr. President, I thank number of industries in this country, than just going back to NAFTA. Those my colleague Senator ISAKSON of Geor- to make the playing field more level, four bills suggest that this will be very gia and express my shared concern that as Senator WYDEN was saying and, different. if we are going to proceed to a long- third, the importance of currency. We The first, the trade promotion bill, term renewal of the African Growth know how many jobs we have lost in the TPA as it is called, helps rid our and Opportunity Act, which provides my State and all over the country be- trade policies of excessive secrecy. The duty-free, quota-free access to the U.S. cause of what has happened with coun- reason this is so important is the first markets to all of sub-Saharan Africa— tries gaming the currency system. So I thing people say is, whether it is in which I support and have worked hard wanted to express my thanks to Sen- South Carolina or Oregon or anywhere with the Senator from Georgia and ator WYDEN. else: What is all of this excessive se- many others to make possible—that we Mr. WYDEN. Before he leaves the crecy about? If you believe strongly in also ensure there is effective trade en- floor, I want to thank Senator BROWN trade and you want more of it, why forcement. This is a basic principle for again and again putting in front of would you want to have all of this that underlies all the proceedings here the committee and all Senators the im- needless secrecy that just makes peo- today; that those of us who support portance of this issue. I just want to ple so convinced that you are kind of free trade and global trade also support read a sentence from the paper yester- sort of hiding things? So we have made fair trade and effective enforcement. day that really puts a human face on very dramatic changes in that area. As the good Senator from Georgia re- this enforcement issue that Senator A second strengthens and expands cently commented, we are acting in re- BROWN has so often come back to. A the support system for our workers. It liance upon a representation by the quote in the New York Times says: is known as trade adjustment assist- U.S. Trade Representative that there ‘‘Candy makers want to preserve a ance. This is to make sure that when will be enforcement action taken, if ap- loophole.’’ there are changes in the private econ- propriate, on access to markets in Now, this is the loophole that was omy, changes that so often take place South Africa. closed in the Customs bill. The article and cause workers to see positions they With that, I thank the Presiding Offi- goes on to say that ‘‘Candy makers have had be affected, this is a section cer and yield the floor. want to preserve a loophole . . . that of trade policy that gives them a The PRESIDING OFFICER. Is there allows them to import African cocoa chance, almost a springboard, into an- objection to the request of the major- harvested by child labor.’’ other set of job opportunities. ity leader? What Senator BROWN has said is The third would finally put, as I have Without objection, it is so ordered. without, in effect, this enforcement said, trade enforcement into high gear The Senator from Oregon. language, this vigorous enforcement so we can crack down on trade cheats Mr. WYDEN. Mr. President, before language that is in the Customs bill, and protect American workers and ex- the Senator leaves the floor, I want to we would basically be back in yester- ports. The reality is trade enforcement thank the Senate majority leader for year’s policy, back in what we had for is a jobs bill. It is protecting jobs. That working with us in a constructive fash- decades and decades, where youngsters is another reason it is so important. ion to make it possible for all of the would be exploited in this way. The fourth, which has been touched vital parts of the trade package to be So we are going to talk about trade on by our distinguished colleagues, the considered. I look forward to working here for a few days. I think colleagues Senators from Georgia and Delaware, closely with him. and—certainly my colleagues on the involves the trade preference programs Colleagues, I will say that what has Finance Committee know that I that are so crucial to both our employ- been done through the cooperation of strongly support expanded trade. I look ers and developing countries. Taken to- the majority leader and the minority at the globe. There are going to be 1 gether, the bills form a package of leader is, in effect, to say that trade billion middle-class people in the devel- trade policies that are going to help enforcement will be the first bill to be oping world in 2025. They are going to our country create more high-skill, debated; and in doing so, it drives home have a fair amount of money to spend. high-wage jobs in my State and across yesterday’s message of 13 protrade We want them to spend on the goods the land. Democrats who together said robust and services produced in the United As I have said so often, if you wanted enforcement of our trade laws is a pre- States. to explain what a modern trade policy requisite to a modern trade policy. In So we support expanding those oppor- is in a sentence, what you would say is: making this the first topic for debate, tunities, increasing those exports. The This is the kind of approach that helps it is a long overdue recognition that reality is expanding trade exports and us grow things in America, make vigorous trade enforcement has to be enforcing the trade law are two sides of things in America, add value to them in the forefront, not in the rear, and a the same coin. Because what happens in America, and then ship them some- recognition that the 1990 NAFTA trade at home—I had community meetings in where, particularly if you look to that playbook is being set aside. all of my counties, had several in the developing world where there are going I am going to be brief at this point, last couple of weeks. The first question to be, in just a few years, 1 billion mid- but I would just like to give a little bit that often comes up is a citizen will dle-class consumers. That strikes me of history as to how we got to this say: I hear there is talk about a new as a real economic shot in the arm that point. trade deal. Well, how about first en- will be of long-term benefit to our peo- Mr. BROWN. Mr. President, would forcing the laws that are on the books? ple. the Senator from Oregon yield for a That is why the group of 13 protrade Now, with respect to enforcement, I moment? Senators yesterday wanted to weigh in, want to take just a few minutes to talk Mr. WYDEN. I would be happy to. right at the outset of this debate, talk- about why I think this is an appro- Mr. BROWN. I want to thank Senator ing about how important trade enforce- priate opening step in the legislative WYDEN for his work on the Customs ment is to a policy that I call trade process. Now, I already talked about bill that we will be debating, the bill to done right—trade down right, a modern the 13, 14 protrade Democrats who got

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.034 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2836 CONGRESSIONAL RECORD — SENATE May 13, 2015 together yesterday and weighed in as a American industry like China recently we leave for the recess. No one can ever group. Why we did it is that trade en- tried with solar panels. make guarantees, but I am sure going forcement in that particular bill, which I think that is especially important, to pull out all the stops to do it. is part of the initial debate here, is a because when you are home and you I just want, as we close the opening jobs bill. It is a cornerstone of a new are listening to companies and workers of this debate, to thank both the ma- trade approach that is going to reject and organizations talk about trade en- jority leader and the minority leader the status quo. forcement, they say: You know, it just for working with myself and Chairman As the President said, to his credit, gets to us too late. By the time some- HATCH and others to get us to this during the State of the Union Address, body back there in Washington, DC, is point. We had a bipartisan effort in the ‘‘Past trade deals have not always lived talking about enforcing the trade laws, Finance Committee, and we are very up to the hype.’’ My own view is a lot the lights have gone out at the plant, pleased to see the distinguished Pre- of that can be attributed to subpar the workers have had their lives shat- siding Officer join us on the Finance trade enforcement. That, in my view, is tered, and the community is feeling Committee. We had a bipartisan pack- because so many of the same old en- pain from one end to another. age, as the distinguished Presiding Of- forcement tools from the NAFTA era So the point of the early warning ficer knows, in the Finance Com- and decades prior just are not the right system is we now have the kind of mittee, which passed overwhelmingly kind of tool to get the job done in 2015. technology and access to the kind of on a bipartisan basis. Our competitors overseas use shell information that can set off these early Now, starting with this debate and companies, fraudulent records, and so- warning signals. That is what the un- with what is ahead of us, we have a phisticated schemes to play cat and fair trade alert provision is all about. chance to build on the bipartisan work mouse with U.S. Customs authorities. Fourth, for the first time in decades, that took place in the Finance Com- Our competitors overseas, in a number the Congress would set out clear en- mittee. It is very appropriate that we of instances, intimidate American forcement priorities with the focus on begin this discussion focusing on trade firms into relocating factories or sur- jobs and growth that will build real ac- enforcement, as the 14 protrade Demo- rendering our intellectual property. countability and follow through in our crats did yesterday in making an an- Our competitors often spy on our com- trade enforcement system. nouncement with respect to the impor- panies and trade enforcers to steal se- Finally, it includes a proposal from tance of this topic. It is going to be a crets and block our efforts at holding Senator BROWN that goes a long way good debate. them accountable. toward ensuring that our trade enforc- The stakes are enormously high. I To mask their activities, they hide ers use the full strength of our anti- look forward to working with my col- their paper trails and engage in out- dumping and countervailing duty laws leagues on both sides of the aisle to get right fraud. For a number of years, I to fight unfair tactics. I said months this legislation passed and to get a bill chaired the trade subcommittee of the ago, repeatedly, making it very clear, to the President of the United States Finance Committee. I can tell you, when Chairman HATCH and I began to sign. these examples I have given of modern working on this package, that I yield the floor. challenges is just touching the surface strengthening trade law enforcement The PRESIDING OFFICER (Mr. of what we found in our investigation. was at the very top of the list of my FLAKE). The Senator from Oklahoma. At one point, we set up a sting oper- priorities. Mr. LANKFORD. Mr. President, I ation to try to catch people who were I did, in starting all of those discus- have a concern. It is not about trade. merchandise laundering. sions and the debate, repeatedly come Quite frankly, trade is one of the Not only does our trade enforcement back to the fact that for those of us things we have done as a nation all need to catch up to these schemes, we who are protrade, who think it is abso- along. We were free traders before we have to have a trade enforcement pol- lutely key for the kind of export-re- were a nation. icy that stays ahead of the game. That lated jobs and growth that we need in One of the grievances we had in the is why the bipartisan enforcement this country, we have to shore up trade Declaration of Independence was the package, the Customs package, will enforcement because it is not credible fact that King George was restricting take enforcement up to a higher level. to say that you are pushing for a new our trade. We have always been indi- This bill raises the bar for all of our trade agreement if people do not find it viduals in a nation of trade. trade enforcers, whether it is the Cus- credible that you are going to enforce My issue is particularly with this toms agents at the border checking in- the laws that are already existing on Preferences bill. Again, it is not about bound shipments, the Commerce De- the books and relate to the past trade the protections in it; it is about the partment investigator looking into an agreements. way we pay for it. Now, as odd as it unfair trade petition or the lawyer So strengthening trade enforcement sounds, while we are doing trade and from the Office of the U.S. Trade Rep- has been at the top of my list of prior- while we are trying to engage in resentative following up on possible ities for many, many years. The Fi- things, we can’t lose track of this sim- violations of trade agreements. nance Committee passed this enforce- ple thing called deficit that is hanging So I want to just quickly tick ment measure with a voice vote. So out there as well. through a few of the major parts of this that ought to indicate alone that this We have basic rules on how we actu- trade enforcement package. A proposal was not some topic of enormous con- ally handle budget issues. For anything that I pushed for a number of years to troversy. We had votes on the trade that we set out that is going to take include will help Customs crack down promotion act, we had votes on the several years to pay for, we have basic on foreign companies that try to get trade adjustment act. There was pretty rules. Those rules include that it has to around the rules by hiding their iden- vigorous debate on those—voice vote be deficit neutral in year 6 and it has tity and sending their products on on the enforcement provision and the to be deficit neutral in year 11. hard-to-trace shipping routes. Customs package because it includes so The way that is set up and the reason Another will close a shameful loop- much of what I think Members, actu- that it is set up is so that you cannot hole—a shameful loophole that Senator ally on both sides of the trade debate, game the system that way. You can’t BROWN and I just talked about—that feel strongly about. just backload the whole thing and say: allows products made with forced and I have talked about why as a We are going to be deficit neutral in child labor to be sold in our country. A protrade Democrat I feel so strongly the very last year, but every other year third will build what I call an unfair about enforcement. My colleague Sen- we are going to run up the bill and trade alert to help identify when Amer- ator BROWN speaks eloquently about have some pretend pay-fors at the very ican jobs and exports are under stress another point of view, but he feels end. before the damage is done. With this strongly about trade enforcement. So I So the way this is set up is to have early warning system in effect, you am very pleased the Senate is on this this basic gap. Halfway through, you will have warning bells ringing earlier bill, is beginning debate on this legisla- are deficit neutral. At the other end of and more loudly than ever before when tion. I am thoroughly committed to it, you are also deficit neutral. Well, a country attempts to undercut an getting this legislation passed before this is what the Preferences bill does.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.036 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2837 The Preferences bill sets up this unique Yes, that is true. I am the new guy The 243 people—including passengers something called the corporate pay- here, and I have heard this is an old and crew—many of whom boarded Am- ment shift. practice—and it needs to go away, be- trak regional train No. 188 just half a So this is how it works. Six years cause no one can defend this. mile from where I stand right now— from now, every corporation that has How about this. How about next week were headed to New York. They were $1 billion or more in assets has a 51⁄4- I try to go get a car loan, and I try to on their way home, on their way to percent tax increase in year 6. In year negotiate with the car dealer for a 5- work, to see their husbands and their 7, every one of those companies that year loan, and I tell him: I will pay all wives, their children, and their journey has $1 billion or more in assets gets a of my loan off year 4, but I want a full was horrifically interrupted when the 51⁄4-percent tax refund. refund in year 5 for all that I have paid train derailed around 9:30 p.m. in Let me run that by you again. This is off. Philadelphia. set up, in the way the bill is written, so Do you think I am going to get that Since the incident, my staff and I that 6 years from now taxes go up on car loan? No, I am not going to get have been in contact with Amtrak, the every company—that is 2,000 compa- that car loan because he is going to National Transportation Safety Board, nies in America that have $1 billion or say: That is fake. And I will say: I have the Federal Railroad Administration, more in assets—by 51⁄4 percent, and in paid it off completely in year 5. and the Department of Transportation. the next year they get a refund of that Yes, but we paid it all back in the The exact cause of the derailment is same amount. next year. unknown, although speed was defi- Can someone help me understand We have to be able actually to have nitely a factor. We are in close contact why every company in America has to real accounting at the end of the day. with Amtrak officials and Federal in- gear up, change the way they do all This is not invisible money. This is vestigators who are working quickly to their tax policies, pay an extra tax debt that is being added. And with a identify exactly what happened to that year, and so that the next year $3.7 trillion budget, we can find real cause this disaster. they can get a refund? That is addi- pay-fors. Amtrak train No. 188 was on a very tional cost. That is additional ex- This is a practice that has happened familiar path. So many people take pense—only to help this body cir- in this Congress and in previous Con- this route. The train that derailed was cumvent the basic rules that we said gresses that has to stop. We have the traveling on the Northeast corridor, we are going to abide by. ability to do that. which is one of the busiest corridors, a Now, in all likelihood, those compa- I oppose this bill because it is not 457-mile rail corridor that is the most nies won’t actually do that 6 and 7 genuine in how we are actually paying traveled in North America. It is a years from now because, in all likeli- for it. Saying that we pay for it in year transportation lifeline, one of our main hood, this body will come through and 6 and refunding it in year 7 is not real, arteries connecting the people of Wash- will waive the corporate tax shift be- and we know it. ington, DC, Maryland, Pennsylvania, cause it is now not years 6 and 7. Now, In the days ahead, I hope we can ad- Delaware, New Jersey, New York, Con- it is years 7 and 8, and so it doesn’t dress this practice and not just elimi- necticut, Rhode Island, and Massachu- apply. nate it for this bill, but that we can setts. The Northeast corridor trans- This is ridiculous. This is a prob- eliminate it from ever being used again ports 750,000 passengers every day and lem—that this body is playing a game in any bill as a gimmick pay-for. moves a workforce that produces $50 in how we are trying to actually ac- I yield the floor. billion each year toward our gross do- complish a basic rule. I suggest the absence of a quorum. mestic product. Now, if anyone can stand in this body The PRESIDING OFFICER. The More people are traveling with Am- and say that is a good idea—that we clerk will call the roll. trak on the Northeast corridor than are going to raise taxes 6 years from The senior assistant legislative clerk ever before. Just last year, 11.6 million now on all these companies and refund proceeded to call the roll. passengers traveled the Northeast cor- the same amount in the 7th year—if Mr. BOOKER. Mr. President, I ask ridor. In New Jersey alone, 110 trains anyone can actually tell me that is a unanimous consent that the order for run daily along this route. New Jersey good idea, please do. All that this is set the quorum call be rescinded. Transit works in cooperation with Am- up to do is to be able to help us in our The PRESIDING OFFICER. Without trak to move trains along the North- CBO scoring. objection, it is so ordered. east corridor, where New Jersey Tran- This is what I think we should do. AMTRAK TRAIN DERAILMENT sit customers take 288,000 trips on the Option No. 1 is to have a real pay-for— Mr. BOOKER. Mr. President, I rise corridor each day and 63.6 million trips not have some pretend and say this is today with a very heavy heart because a year. a deficit-neutral bill, when it is not a of the horrific tragedy that occurred Yet, none of these numbers—none of deficit-neutral bill. and is still unfolding right now. them—are as important today as that We have a $3.7 trillion budget. I think Late last evening, an Amtrak train, number of 243, the number of people we can find a real pay-for to be able to train No. 188—a train I myself have riding on and working on Amtrak train put it into this bill. If you are lacking traveled on—carrying 243 passengers No. 188 last evening, or the 7 people for any of those, my office can give you and crew derailed in Philadelphia. It who died. We are in a time of great sad- many options that are real pay-fors has been confirmed now that seven peo- ness. rather than something fake in year 6 ple have died, including Associated As the ranking member of the Senate and year 7. Press employee, husband, father of subcommittee that has jurisdiction This is option No. 2. At least admit two, and Plainsboro, NJ, resident Jim over rail safety, I want to also say that that this is not a deficit-neutral bill Gaines. More than 200 people were in- my colleagues and I have been working and that these pay-fors are fake. There jured. My deepest thoughts and prayers in the Senate to develop policies and is something that this body has called are with those who are suffering today. implement new safety technologies a budget point of order, and it should I am so grateful for the work of the that will improve rail safety and save apply in this sense because this is not hundreds of first responders, Amtrak lives, and we have been working dili- a real pay-for. crew, doctors, nurses, and many others gently to finalize a draft of a passenger Now, I have had these conversations who quickly, courageously, and very rail authorization bill. with staff behind the scenes and with professionally did their jobs and who Congress has not passed a passenger individuals in this body, and I have no doubt saved lives. As we speak, the rail bill since 2008, and authorization been told the same thing over and over: search through the wreckage for more for that bill expired in 2013. It is unac- This is how we always do it. In other people, living or dead, is still in proc- ceptable that Congress has not acted to words: You are a new guy here. You ess. All people have not been accounted provide the needed improvements, in- don’t know this is how the game is for, and I hope and pray our brave first vestment, and long-term certainty for played on the budget-neutral deficit, responders can soon account for every- Amtrak, and I will work hard to make eliminating bills that really don’t do one who was expected to have been on sure that we pass passenger rail, that it that. board. is a priority for this body.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.048 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2838 CONGRESSIONAL RECORD — SENATE May 13, 2015 In fact, today we had intended to in- by some estimates, has cost the United than one-third of 1 percent. There were troduce this bill authorizing funding States as many as 5 million jobs, which 13 times as many Rolls Royces im- and improvements to passenger rail in is a lot of jobs, and that is the issue of ported into Japan last year than the United States. Today, that was our currency manipulation. Buicks, but that is not because there intention. However, in light of this We are going to have an opportunity, were all kinds of Rolls Royces going tragic event, Senator WICKER and I now that there is an agreement, to into Japan. It is because there were have decided to monitor the incoming move forward on all of the issues re- only 11 Buicks, not 1,100, not 11,000—11. information and take this opportunity lated to trade, whether it is fast-track One of the things that is interesting to evaluate what other actions might or helping workers or enforcement is that in Japan they buy Japanese ve- need to be taken as a part of the legis- issues or the other pieces that will be hicles. I wish in America we bought lation. in front of us. We will have an impor- American-made vehicles. We would not I am proud of my colleagues who tant opportunity to seriously move for- be seeing as much of this challenge. It have worked so diligently to ensure we ward in a positive way for our manu- is a different culture there in terms of get this bill done, and I thank the lead- facturers and for agriculture and for all the pride of buying Japanese vehicles ership, Chairman THUNE and Ranking those who are impacted by currency and, in fact, doing what they can to Member NELSON, for their support. If manipulation. keep others out through nontariff there is an action that needs to be In fact, currency manipulation is the trade barriers. Taking down the trade taken to improve safety in the wake of most significant 21st-century trade barriers is a good thing. I support it, this tragedy as we are finalizing this barrier that American businesses and but it is not enough. That is not what bill, I know we can work together to workers face today and is the least en- this is about when we are talking make it a reality. forced against. We take the least about the transpacific trade agreement That said, I must say I am dis- amount of action against currency ma- and the worries of American auto- appointed in the direction of the House nipulation, and yet it is the most sig- makers and other manufacturers as we appropriations process, which risks nificant 21st-century trade barrier. If do that. That is not the big challenge. starving Amtrak of vitally important we don’t take meaningful action to ad- It is not about just trade barriers, funds at the very moment we need to dress this issue, we stand to lose even making life easier for the handful of be investing more in passenger rail and more jobs at a time when our economy Japanese consumers who are looking to our country’s crumbling infrastruc- is desperately trying to recover. buy an automobile from outside their ture. Our workers are the best in the country. Our manufacturers tell us Failing to make the proper invest- world, and we can compete with any- that is not the main concern. It is not ments in our Nation’s infrastructure is body—our businesses can compete with about competing in the United States indeed crippling our competitiveness in anybody as long as there is a level or Japan; it is about competing every- a global economy. A 2012 Federal Re- playing field and the rules are en- where else in the world. That is the serve Bank of San Francisco report es- forced. But we can’t win when our trad- problem. timated that every dollar invested in ing partners cheat, and that is what is Japan has a population of 120 million our national infrastructure increases happening right now. When they ma- people, but Brazil has a population of economic output by at least $2. Failing nipulate their currency—when Japan 200 million people. India has a popu- to invest properly in infrastructure im- does it, when China does it, when other lation of 1.2 billion people. In emerging provement is threatening the public’s countries do it—they are cheating. markets, American-made vehicles are safety. A strong U.S. dollar against a weak at a severe competitive disadvantage My thoughts and prayers are with foreign currency, particularly one that compared to vehicles produced in the family, friends, and loved ones of is artificially weak due to government Japan or Korea, when those countries the individuals who were killed or in- manipulation, means foreign products choose to manipulate their currency, jured in last night’s train derailment. are cheaper here and U.S. products are which has happened many, many We still aren’t certain of the exact more expensive there. For example, times. cause, but this incident is a searing re- one U.S. automaker estimates that the We are competing, Japan is com- minder of the fragility of life. It is im- weak yen gives Japanese competitors peting, and the United States is com- portant that we also remember that we anywhere from a $6,000 to $11,000 advan- peting for those 1.2 billion customers. should do everything necessary to safe- tage on the price of a car, depending on If they can artificially bring down guard life, to make sure we have it and the make and model. It is hard for our their price $6,000, $7,000, $10,000 or more have it more abundantly. American carmakers to compete when to sell into those areas, even though it Nothing can fix the damage that has they are effectively seeing a $6,000 to is illegal in terms of the international been done to these families and their $11,000 higher sticker price—more ex- community—they have signed up say- communities. We all grieve as a nation pensive than Japanese vehicles not be- ing they will not do it. But if they are for the loss of life and pray for those cause of any other difference at all, allowed to do it and if our trade agree- injured, that they recover. just currency manipulation. That is a ments allow them to do it, it is not I say now that we must work tire- large difference that is based on cur- fair. lessly to prevent another tragedy like rency manipulation. In fact, we have Why would we do that to American this from occurring and that we must seen some numbers that—at some companies? Why would we do that to do everything necessary so we as a na- points in time, the entire profit on a American workers? Why would we tion can have a rail infrastructure and vehicle will be from currency manipu- allow that kind of cheating to occur? highways, roads, bridges—have an in- lation. That is what the amendment that Sen- frastructure as a whole that reflects We keep hearing about opening Ja- ator PORTMAN and I have is all about, the greatness of the people of our coun- pan’s markets to U.S. automakers. that we will be offering and asking sup- try. While that is fine and that sounds nice, port for. Mr. President, I yield the floor. it is really a red herring when we look This is not an issue that only im- I suggest the absence of a quorum. at what is going on because Japan pacts the auto industry or other manu- The PRESIDING OFFICER. The right now has zero percent tariffs on facturers. As everyone knows, I care clerk will call the roll. U.S. cars. So it is not the tariffs that deeply about agriculture, as the cur- The legislative clerk proceeded to are keeping out our cars; it is the com- rent ranking member and former chair call the roll. plicated web of nontariff barriers that of the agriculture committee. Agri- Ms. STABENOW. Mr. President, I ask Japan uses to keep out American auto- culture is impacted by currency manip- unanimous consent that the order for mobiles. ulation as well. As a competitive sector the quorum call be rescinded. Beyond that, what is significant and in the global economy, any practice The PRESIDING OFFICER. Without what we have learned is there is little that distorts the economy, disrupts objection, it is so ordered. appetite for American cars in Japan. trade, and threatens employment has Ms. STABENOW. Mr. President, I Last year, Ford’s share of imports in an impact on U.S. farmers and ranch- rise today to talk about an issue that, Japan was 1.5 percent. Chevy was less ers as well.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.038 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2839 Unfortunately, the language cur- tion, your policies around currency we able standards—which, by the way, rently included in the TPA bill does believe are critically important in a they have all signed up through the not adequately address these issues, be- global economy if we are going to com- IMF as part of the global community— cause if we are going to be effective pete on a level playing field and not they have all signed that they will not around currency provisions, we have to continue to lose American jobs. do it. If the argument now is that they make sure they are enforceable. There Some would call this amendment a are not doing it, then why are people is some language there, but unlike poison pill to the TPA. That could not fighting so hard to keep this require- other parts of the TPA, there is not be further from the truth. It is abso- ment out of TPA if they are so con- language requiring that any provisions lutely possible. In fact, we have Mem- fident this will never occur again? in a trade agreement be enforceable. bers supporting our amendment who Our ability to address currency That is why Senator PORTMAN and I also support TPA, the underlying bill. issues in trade agreements is not com- have introduced an amendment to this They want to make sure it is a clear plicated, again, by our own domestic bill—to the TPA bill—that simply adds outline of the priorities and instruc- monetary policies, including quan- clear language to require that any fu- tions for any negotiations. titative easing. In fact, we specifically ture trade deals must include enforce- I have not heard from a single one of put in the amendment that it does not able currency provisions. Very impor- my colleagues that he or she will op- affect domestic monetary policies. tantly, the provisions will be con- pose the bill because our amendment is sistent with existing International not adopted. This is not a poison pill. We have heard this over and over Monetary Fund commitments that all What I do hear repeatedly, though, is again. There has been confusion that of these countries have made. They that one of the principal justifications has been spread. The IMF has rules signed up saying they are not going to for granting the administration trade about what is and what is not direct do currency manipulation, but we do promotion authority, fast-track—a currency manipulation. They are clear not have enforcement to make sure it process where we can amend it, a sim- rules. They are rules that all of the does not happen. Also, importantly, ple majority vote—is that Congress IMF countries have agreed to. They are this does not affect domestic monetary sets forth its priorities in trade pro- rules that the United States has fol- policy. motion authority. lowed while they are doing quan- I understand the arguments. I have We are laying out what is important titative easing. They are rules that great respect for our Secretary of the for the people of our country, for our Japan has flagrantly violated not once Treasury, whom I work with all the businesses, for our workers in trade ne- or twice but 376 times since 1991. time, and 99 percent of the time we are gotiations. If that is the case, then how We are hearing that we do not need singing the same song—not on this one can something deemed appropriate, enforceable language as a negotiating and the same thing with the President, deemed a priority by all of us be a poi- objective in the fast-track bill because someone whom I admire deeply. I have son pill? Japan is not manipulating the cur- to say this administration has done It is not our job to match our prior- rency anymore. Well, 376 times they more than any other White House, I ities with their negotiations. The nego- have chosen to do that. Once we pass think, that I have worked with as a tiations are supposed to match our pri- this, there is nothing stopping them Senator or even in the House, to make orities. They are laid out in TPA. Oth- from making it 377. What stops them is sure we are enforcing our trade laws, erwise, why do we give fast-track au- if they know that Congress is giving di- taking trade actions, winning trade thority? rection to the negotiators to make sure cases in the WTO. I am very grateful It is our responsibility on behalf of there is enforceable provisions in the for that. But when it comes to cur- American businesses, American work- trade agreement. rency, there has been a debate saying ers, and American communities to tell Let’s be clear. The United States is that somehow our Fed policy, quan- the administration what we expect clearly following the rules with our do- titative easing—what we do inside our them to fight for on behalf of the peo- mestic monetary policy. We are fol- country is somehow impacted by the ple of our country. We already insist on lowing the rules. Therefore, we would definitions of the IMF, which is not ac- enforceable standards in other negoti- not be affected by this, and our amend- curate. A country can say it is. Any- ating objectives. I support these, and I ment specifically references that. We body can say anything, but it would believe they should be as strong as pos- are not talking about domestic policy. not hold up because it is not accurate. sible, including issues around labor Other countries could say that. They We are talking about foreign trans- law, environment, and intellectual would be wrong. They would have no actions, the monetary policies of for- property rights. Why should currency legal standing to say it. You can say eign competitors in the global econ- manipulation be any different? anything. But we do know this: Japan omy. This is about Congress setting up the has flagrantly violated the rules of the I am very pleased that we have bipar- list of priorities for negotiating objec- IMF—that they signed on the dotted tisan support for our amendment. We tives, and then in return for that, we line to support—376 times since 1991. are adding supporters all the time. then allow a fast-track process where Adding enforceable currency provisions Senator ROUNDS, Senator BURR, Sen- any final bill cannot be amended. If we to a trade deal simply adds enforce- ator CASEY, Senator SHAHEEN, and we are going to give up that authority, ment to the commitments that Japan have other Senators that will be join- that power, I think we have a right to and 187 other countries have already ing us as well. We have growing sup- lay out the conditions under which we made as a part of the International port and understanding of how critical would do that. Monetary Fund. this is. If we lost 5 million jobs around the The inclusion of strong and enforce- globe—5 million jobs because of cur- On that point, I appreciate the ef- able currency provisions in our trade rency manipulation coming predomi- forts this administration has made to agreements make clear to our trading nantly from Asian countries that we engage on this issue with our trading partners that this uncompetitive trade are now negotiating with—we have a partners both bilaterally and through practice will no longer be accepted. We right to say we want that to stop. We multilateral forms such as the G–20 are not just going to talk about it. We expect there to be a strong, enforceable and the IMF. But, quite frankly, we talk a lot about it. We talk a lot about currency manipulation provision in have not seen enough meaningful this issue and the loss of American jobs any law we pass that then gives up our progress despite, I am sure, our good because of currency manipulation. But right to amend a trade agreement. efforts. The progress we have seen can by putting it in the core instructions There is no way that I believe the en- be wiped out at a moment’s notice and for our negotiators as they walk into a tire transpacific agreement hinges on without any meaningful recourse if we trade negotiation, to have listed along- whether we include enforceable cur- do not require enforceable provisions in side critical provisions regarding labor rency provisions. If that is true, it calls the fast-track law. laws and environment and intellectual into question what else is in the agree- Then there is China. While they are property rights and human rights and ment. Why are there TPP countries not currently a party to the TPP, it is other areas, to say currency manipula- that are so concerned about enforce- no secret they are interested in joining

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.040 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2840 CONGRESSIONAL RECORD — SENATE May 13, 2015 it down the road. While China’s ex- the Portman-Stabenow amendment. a candlelight vigil and a Police Unity change rate may be up nearly 30 per- We have understood—those of us who Tour arrival ceremony, among other cent since 2010, the Treasury’s own re- represent manufacturing and agricul- events. port to Congress released just last tural States—that this is a critical On this day, the 34th Annual Na- month concludes that China’s currency piece that will help to level the playing tional Peace Officers Memorial Service remains significantly undervalued, field so our businesses, our farmers, takes place here on the Capitol which, by the way, is the reason we our ranchers, and our workers have grounds. This solemn service offers an also need to make sure the Customs every opportunity to compete and win. opportunity for all of us to pay our re- bill, which will be coming before us, I know they will. I don’t have a doubt spects to fallen officers and their fami- maintains what we did in the Finance in my mind. lies, communities, and law enforce- Committee. It should maintain the im- Our job is to make sure that there is ment agencies that have been perma- portant legislation which Senator fairness, that we have the best trade nently altered because these officers SCHUMER and Senator GRAHAM have deals, that they are enforceable, and paid the ultimate sacrifice. We owe been leading for years. I am proud to be that we have the tools to enforce them, these brave men and women our ut- a part of that, along with Senator which is also in front of us with the most respect and gratitude as we honor BROWN and many others. We came to- Customs bill. We have to have all of it. them on this important day. gether on a bipartisan basis to make We are in a global economy. Everybody A report by the National Law En- sure that China, which is not involved is competing. Our job is to make sure forcement Officers Memorial Fund in the negotiations right now, is also we are exporting our products and not showed a 9-percent increase in the held accountable for currency manipu- our jobs. number of officers killed in the line of lation. If we do not focus in a very serious, duty in 2014 compared to the previous These two issues are not mutually real way on addressing currency ma- year’s fatalities. Gunfire was the lead- exclusive; they are part of the whole ef- nipulation, we will, in fact, leave a ing cause of death among law enforce- fort. If they are part of a negotiating giant loophole which those companies ment officers last year, and ambushes agreement and it is TPP or any other will drive right through and will allow were the leading circumstance of offi- one, we want to make sure our nego- them to continue cheating and taking cer fatalities in these deaths, according tiators put this in the deal. If they are our jobs. We can fix that, and I am to this report. The number of firearms- outside of it, we want to also make hopeful my colleagues will join us on a related deaths in 2014 represents a 24- sure they cannot cheat. That is why bipartisan basis for a very strong vote percent increase over the previous both of these are very important poli- so we can send a message to the admin- year. cies, and I strongly support both of istration that we are serious—includ- This is the fifth consecutive year them in order to move forward in a ing this as one of the instructions to that ambushes have been the No. 1 comprehensive way on currency manip- them—as to what we expect to be in cause of felonious deaths of law en- ulation enforcement. trade agreements going forward. forcement officers, according to the For too long, we have relied on hand- I thank the Presiding Officer. National Sheriffs’ Association. In my shake agreements and good-faith assur- I suggest the absence of a quorum. home State of Iowa, there have been ances from our trading partners around The PRESIDING OFFICER. The nearly 200 line-of-duty deaths over the world that they would adhere to clerk will call the roll. many years. The fallen include numer- the same standards we set for our- The legislative clerk proceeded to ous law enforcement personnel who selves. For too long, we have seen our call the roll. were shot and killed or struck by vehi- trading partners ignore their commit- Mr. GRASSLEY. Mr. President, I ask cles while on duty. ments by breaking the rules and leav- unanimous consent that the order for At the National Law Enforcement Of- ing American workers and businesses the quorum call be rescinded. ficers Memorial, the names of these at a competitive disadvantage. It is The PRESIDING OFFICER (Mr. Iowans and approximately 20,000 other time for us to say enough is enough. GARDNER). Without objection, it is so men and women who have been killed We don’t have to keep doing this to ordered. in the line of duty throughout U.S. his- ourselves. NATIONAL POLICE WEEK tory are carved in the memorial’s wall. I am very pleased that we have taken Mr. GRASSLEY. Mr. President, this Regrettably, 273 new names will be a step forward in a couple of directions. week, I introduced a bipartisan resolu- added to the rolls this week to depict I mentioned the Schumer bipartisan tion to commemorate National Police the loss of a loved one who did not re- proposal which so many of us have Week, which this year began on Mon- turn home safely at the end of his or worked on. That is a very important day, May 10, and ends on Saturday, her duty. piece of this puzzle. The other piece of May 16. Senator LEAHY, the ranking Already, in 2015, we have witnessed 44 this puzzle is the Portman-Stabenow member of the Committee on the Judi- tragic deaths and senseless murders of amendment. As I said, these are not ciary, and 32 others have joined me as our law enforcement protectors and mutually exclusive; they are com- original cosponsors of this measure. our guardians of the peace. Just this plementary. I hope my colleagues will The theme of this year’s Police Week is past weekend, we all heard on tele- support both of them to demonstrate a ‘‘Honoring Courage, Saluting Sac- vision that Hattiesburg, MS, Police De- serious commitment. It is not enough rifice.’’ partment Officers Benjamin Deen and to support a policy in one bill and not Police Week is dedicated to the brave Liquori Tate were quickly and vio- support a similar policy in the other men and women in blue who selflessly lently murdered during a traffic stop part of the picture here, the other bill. protect and serve our communities that was anything but routine. Our If you support enforcing against cur- every day, every week, in every com- hearts go out to their families and the rency manipulation—you either do or munity all across the country. The families of all who have lost their you don’t. You do or you don’t. We week affords an opportunity to honor loved ones in the line of duty. want to make sure we are doing it those who have made the ultimate sac- The men and women of law enforce- against those not part of the TPP ne- rifice while striving to make our neigh- ment go to work shift after shift, fre- gotiations and those who are. We want borhoods safer and more secure. quently missing celebrations of birth- to make sure that they get signed into Events are scheduled in Washington, days, anniversaries, and holidays be- law and that they, in fact, are the law DC, this week not only to remember cause they believe in serving some- of the land. It is long past due that we those officers who tragically lost their thing greater than themselves. The take meaningful action on this issue. lives in the line of duty but also to work of law enforcement is not a job; it I don’t know how many times I have honor outstanding acts of bravery and is a calling to these people. That call- come to the floor since coming here in service by many others. ing and those officers’ devotion to duty 2001 to speak about this and to be a Tens of thousands of police officers, merits our utmost respect and grati- part of this effort. It has always been as well as their friends and family tude. bipartisan, and I am glad to see that. members, will gather in our Nation’s As I conclude, I call on all Americans We need a strong, bipartisan vote on Capital for these events, which include this week to pause and contemplate

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This will fiasco that occurred, but hopefully we is the result of sacrifices made by pave the way for another cloture vote are back together now. brave men and women of law enforce- on the motion to proceed to a vehicle All I can say is that this is one of the ment. to move TPA and TAA. most important bills in this Presi- I also wish to take this opportunity Although I am wary of counting my dent’s tenure, and it is a bill that could to thank my colleagues for their over- proverbial chickens before they are benefit every State in this Union and whelming support of this year’s resolu- hatched—no pun intended—I expect we especially my State of Utah, where we tion designating National Police Week, will get a strong bipartisan vote in did $7 billion in foreign trade last year which this week passed the full Senate favor of finally beginning the debate on alone. For a State our size—3 million by unanimous consent. these important bills, and we should. people—that is pretty good, but I ex- I yield the floor. This is, in my opinion, the best of all pect us to do a lot better under trade I suggest the absence of a quorum. possible outcomes. This is what Repub- promotion authority. The PRESIDING OFFICER. The licans have been working toward all Hopefully, the final agreements that clerk will call the roll. along—and, I might add, some coura- are made in TPP and TTIP will be The senior assistant legislative clerk geous Democrats as well. While we agreements that everybody can agree proceeded to call the roll. could not and still cannot guarantee will help our country move forward. It Mr. HATCH. Mr. President, I ask that all four bills will become law, we will help us to have greater relations unanimous consent that the order for certainly want to see the Customs and with other countries throughout the the quorum call be rescinded. preferences bills pass the Senate. I am world. It will help us to encourage our The PRESIDING OFFICER. Without a coauthor of both of those bills. They own industries to be improve and be objection, it is so ordered. are high priorities for me. It was never the best in the world and will be one of Mr. HATCH. Mr. President, we have my intention to let them wither on the those approaches that literally will all now heard the good news with re- legislative calendar. I was always going shape the world at large. gard to our ongoing efforts to advance to do everything in my power to help TPA is an important bill. I hope we U.S. trade policy. We are talking about move them forward. That is why at the can pass it. I believe we will. As I have trillions of dollars over the years. After Finance Committee markup I com- said, I am not a fan of the TAA bill and a lot of discussion and back and forth, mitted to work with my colleagues to never will be, but we understand why we have come to an agreement on a try to get all four of these bills across that has to pass as well—because the path forward. I am very happy to say the finish line. That is the agreement bipartisan coalition that supports it that finally, at long last, common which was made, and as of right now, it would probably not permit trade pro- sense has prevailed. appears we will be able to make good motion authority without it. On April 22, the Senate Finance Com- on that commitment on a much short- All I can say is that I have faith that mittee reported four separate trade er timeline than I think any of us ex- we have arrived and resolved this im- bills—a bill to renew trade promotion pected. passe, and I hope that in the coming authority, or TPA; another to reau- Yesterday was a difficult day. I think days we will be able to pass trade pro- thorize trade adjustment assistance, or it was pretty obvious to any observer motion authority and really put this TAA; a trade preferences bill; and a that I was more than a little frus- country back on the trade path which Customs and Enforcement bill. trated. Today, I am very glad to see it really deserves to be on and on which Throughout the recent discussion on that my colleagues have recognized our the rest of the world will be pleased to trade policy, the TPA bill has gotten desire to move all of these important have us, where we can have greater co- most of the attention. That makes bills and that they have agreed with us operation and greater friendships and sense. After all, it is President Obama’s on a workable path forward. But now is greater feelings throughout the world top legislative priority. If we could get not the time to celebrate. While this than we have right now. it passed, its impact would be felt im- agreement solves a temporary proce- With that, Mr. President, I suggest mediately. And he is right on that, dural issue, now is when the real work the absence of a quorum. President Obama is right on this issue, begins. The PRESIDING OFFICER. The and I am happy to help him get this As I mentioned yesterday, it has been clerk will call the roll. through, if we can. years—decades even—since we have The senior assistant legislative clerk The TAA bill—the trade adjustment had a real debate over U.S. trade policy proceeded to call the roll. assistance bill—although I am not ec- here on the Senate floor, and I am Mr. BROWN. Mr. President, I ask static to admit it, is part of the effort. quite certain we have a spirited debate unanimous consent that the order for We have known from the outset that in ahead of us. I am looking forward to a the quorum call be rescinded. order to ensure passage of TPA, that fair and open discussion of all of these The PRESIDING OFFICER (Mr. LEE). TAA must move along with it. That is important issues. It is high time we let Without objection, it is so ordered. a concession we were always willing to this debate move forward. Indeed, it is Mr. BROWN. Mr. President, as this make, although most of us on the Re- what the American people deserve. body moves to consider trade legisla- publican side are not all that crazy I am glad we now have a pathway for- tion, it is our obligation to make sure about TAA and many will vote against ward. This is something into which the that our existing and future trade laws it, including me. TAA is trade adjust- President has put an awful lot of effort. are enforced and that we are looking ment assistance, and that is what the He has an excellent Trade Representa- out for those hurt by our trade agree- union movement has insisted on. tive in Michael Froman, one of the best ments. Democrats are unanimously in favor of Trade Representatives we could pos- Nearly everyone who supports these it. Republicans are not ecstatic about sibly have, a very bright man. He has agreements—conservatives, Repub- it at all. In fact, we think it is a waste worked very hard on these trade deals. licans, Democrats—nearly everyone in many ways, but it is the price of They won’t come to fruition until we who supports these agreements, even doing business on TPA. pass trade promotion authority. Keep the most vocal cheerleaders for free The path to the other two bills, the in mind that is the procedural mecha- trade, such as the Wall Street Journal preferences bill and the Customs bill, nism which will enable the administra- editorial board, all admit that trade has always been a bit more uncertain, tion to get final approvals by these 11 agreements create winners and losers. but once again, we knew that from the countries in Asia and the 28 countries So if this body is going to vote for a beginning. in Europe, plus ours. new trade agreement, if the President I am pleased to say that we have This is very important, and I for one is going to insist that we pass a new reached an agreement that will allow am very pleased that we have been able trade agreement, it is up to all of us us to consider and hopefully pass all to get this through the Senate Finance that when there are winners and losers, four of the Finance Committee trade Committee. That couldn’t have hap- we take care of the losers. If people bills in relatively short order. Under pened without the help of Democrats lose their jobs because of a trade agree- the agreement, the Senate will vote to- on the other side and in particular Sen- ment passed by Congress, because of a

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An Economic Policy Institute report sure they get the training and support China’s currency manipulation has shows that the American steel industry they need, whether they are 30 years been a problem for years, resulting in risks long-term damage, including put- old, 40 years old or 55 years old, to find artificially expensive American im- ting more than half a million steel-re- new careers. We owe it to American ports to China and artificially cheap lated jobs at risk, nearly 34,000 in my companies, and we owe it to American Chinese exports to the United States. State, unless the U.S. Government workers to make sure the laws we It is not only China. The Peterson In- fully enforces its trade remedy rules. make are enforced and that they create stitute for International Economics es- We know that when foreign steel is a more level playing field. timates at least 10 other countries en- dumped illegally in our country, Amer- We cannot have trade promotion gage in these practices—many of them ican workers pay the price. without trade enforcement. That is mimicking what China does. Leveling the Playing Field—title V why the provisions contained in the This puts our American manufactur- of the Customs bill, that section that Customs bill are so important. ers at a serious disadvantage. Currency was amended that was put in the bill Let me go through three provisions— manipulations already cost our Nation prior to markup—is critical to all probably the most salient, probably the up to 5 million jobs. It continues to be American companies facing a flood of most important provisions in the Cus- a drag on Ohio’s economy and on our imports. It would restore strength to toms bill. Nation’s economy. Diplomatic efforts U.S. trade remedy laws to ensure that Now, go back a few weeks, and in the to address this cheating simply haven’t our American workers and our compa- Finance Committee we worked on four worked, and we will continue to lose nies are treated fairly. bills. We worked on the African Growth jobs if we don’t take action. The last issue is child labor. This bill and Opportunity Act, and it passed This is a problem under Presidents of includes a provision to end an embar- overwhelmingly—no opposition. both parties. We have been asking for rassing, shameful, disgusting loophole We worked on the Customs bill that currency legislation for over a decade— in our trade laws. It would close an had a number of trade enforcement with President Bush, who opposed it; outdated, 85-year-old loophole that al- provisions. Those are the three I will with President Obama, who opposes it. lows some goods made with either talk about in a moment—the three That doesn’t mean we shouldn’t do forced or child labor—unbelievably, for major provisions. that. 85 years we have allowed this—to be The Economic Policy Institute esti- We also passed training adjustment imported into the United States. It mates that addressing currency manip- assistance, where workers who lose would strike language in section 307 of ulation could support the creation of jobs because of trade agreements get the Smoot-Hawley Tariff Act that pro- up to 5.8 million jobs and reduce our help from the Federal Government, be- vides an exception to our prohibition trade deficit by at least $200 billion. cause we made these decisions here This provision contained in the bill be- on the importation of goods that are that ultimately cost them their jobs. fore us today would clarify that cur- made with forced labor. And fourth is trade promotion au- This loophole, called the consump- rent countervailing duty law can ad- thority, so-called fast-track. tive demand loophole—that sounds not dress currency undervaluation. It What this Senate did yesterday, nearly as bad as the child labor loop- would make it clear that the Depart- when Senator MCCONNELL tried to hole—allows goods made with forced ment of Commerce cannot refuse to in- bring up just trade adjustment assist- vestigate a subsidy allegation based on labor, including child labor, to be im- ance and fast-track to the floor, is that the single fact that a subsidy is avail- ported into the country if there isn’t the Senate said no—a denial of clo- able in other circumstances, in addi- enough domestic supply to meet do- ture—because so many of us wanted to tion to export. American businesses mestic demand. This exception was included in make sure that we didn’t leave the have been put at a disadvantage for too Smoot-Hawley in 1930, before the trade enforcement behind. You simply long, and it has hurt American work- shouldn’t send a trade agreement to ers. Now is the time to crack down on United States passed a law banning the President’s desk—or trade negoti- currency manipulation. child labor. That is how outdated this ating authority to the President’s Issue No. 2 is leveling the playing provision is. So when this provision desk—without helping those workers field. This year I introduced the Lev- was adopted, child labor was still legal. who lose their jobs, without provisions eling the Playing Field Act, which was We banned child labor, but we have let to enforce trade laws. included in the Customs bill we are de- this loophole stand to allow the im- Let me talk about the three. First, bating. It would strengthen enforce- porting of goods produced by child there is currency. For trade to work, ment of our trade laws. It would give labor for 85 years. The Fair Labor all parties have to play by the same U.S. companies the tools they need to Standards Act, which outlawed child rules. We must protect American work- fight back against unfair and illegal labor in the United States, was signed ers and American companies from for- trade practices. It would restore into law in 1938, and yet this loophole eign governments that artificially ma- strength to antidumping and counter- still stands. nipulate their currencies. This puts vailing duty statutes. It would allow The United States has ratified the U.S. exports at a serious disadvantage industry to petition the Commerce De- International Labor Organization Con- and results in artificially cheap im- partment and the International Trade vention 182 against the worst forms of ports here at home. Commission when foreign companies child labor. We have ratified the Inter- So in other words, when a Chinese are breaking the rules. national Labor Organization Conven- company, benefiting from manipula- It has been a particular problem in tion 138 on the minimum age of work. tion of currency, sells a product into the steel industry. The domestic rebar We have passed laws against child the United States, they can sell it 15, industry, making steel reinforcement labor in Congress and in State legisla- 20 or 25 percent less expensively—more bars—the rebar used in highways, tures. We are a strong partner in inter- cheaply—because of their currency ad- bridges, and roadways—is operating at national efforts to eradicate child vantage. Because they have cheated on only 60 percent, an historic low, due to labor. Yet, the consumptive demand currency, they can sell it more cheaply foreign dumping. I met today with a loophole—child labor, forced labor—al- than it would cost otherwise, which un- rebar steel manufacturer from Cin- lows those products produced in that dercuts our businesses’ ability to com- cinnati to talk about this. He has been fashion to come into the United States. pete. involved in trade disputes with Turkey We have allowed the consumptive de- Conversely, when American pro- and other countries. mand loophole to stay on the books. ducers try to sell something in China, Finished steel imports grew 36 per- Since the 1990s, there have been val- it has a 15-percent, 20-percent or 25-per- cent last year. In the first quarter of iant efforts by some of my colleagues

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We are talk- everybody here in the Chamber—and really help them. ing about children being forced to work therefore trade-opening agreements are I was recently in northwest Ohio in deplorable conditions, often under a good idea because we want to knock meeting with steelworkers to discuss extreme duress. There is never—never down barriers for our farmers and our one of these cases that has to do with a justification for that. And there is no workers, who are doing everything we Chinese tires coming into the United compromise on this issue. No product have asked them to do to be more com- States. These particular workers were made with forced labor should be al- petitive and yet still face unfair trade at Cooper Tire in Findlay, OH, which, lowed to come into the country, period. overseas. So we want to knock down by the way, just marked 100 years in End of discussion. It is immoral. It is those barriers. Some are tariff barriers business. We want them to be in busi- imperative to fix this, and we can fix and some are nontariff barriers. ness another 100 years, but they are this. The Senate should not remain si- Where we have a trade agreement, we having a tough time because they can’t lent on this issue. Now is the time to tend to export a lot more. Only about compete with tires being sold at below shut the door on this ugly chapter of 10 percent of the world has a trade their cost. In response to the concerns U.S. law. We do it by passing the Cus- agreement with the United States. We they raised with me, I sent a letter to toms bill today. don’t have trade agreements with Eu- the Secretary of Commerce and called All these provisions were added to rope or Japan or with China. But in on the administration to vigorously in- the bill with strong bipartisan support that 10 percent of the global economy, vestigate this case and to stand up for in the Committee on Finance. It is im- we send 47 percent of our exports. So, United Steelworkers in northwest perative they make it to the Presi- yes, trade agreements are important to Ohio. dent’s desk. If we are going to continue open up markets for us. We now have a trade enforcement to pursue an aggressive trade pro- Ninety-five percent of consumers live case we are working on involving the motion agenda, we must combine it outside our borders, so we want to sell uncoated paper product made in Chil- with equally strong trade enforcement to them. By the way, when we don’t licothe, OH, at Glatfelter. Again, these language. Without enforcement, we are continue to sell to them and expand are United Steelworker workers who willfully stacking the deck for our for- that, what happens is other countries are just asking for a fair shake. They eign competitors and against American come in and take our markets, and want us to be sure that the paper being businesses and American workers. We therefore our economy becomes weaker sent into the United States from other see what happens when steel mills and we lose jobs here in this country. countries is being fairly traded and not close. We see what happens when man- That is what is happening right now. illegally subsidized and not sold at ufacturers close their doors because For the last 7 years, we haven’t been below cost or dumped. they can’t compete with artificially able to negotiate agreements because So the tire case and the paper case cheap imports. we have not had this promotion au- are two examples where the material Trade agreements and trade law thority to be able to knock down bar- injury standard would really matter. without enforcement amount to no free riers to trade. So that is important. This is an important time for us be- trade at all. They amount to lawless- But, colleagues, while we do that, we cause in Ohio we have a lot of other ness. Without proper trade enforce- also have to be darn sure this level cases too. In 2014, we had a couple of ment, American producers who play by playing field occurs because otherwise important trade victories. Last year, I the rules will continue to be undersold we are not giving our workers and our worked with Senator BROWN to support by foreign producers who are cheating farmers a fair shake. That is where we Ohio pipe and tube workers in Cleve- the market. We can’t leave our compa- ought to be with a balanced approach— land and the Mahoning Valley who are nies and our workers with no recourse opening up more markets to our ex- manufacturing parts to support the en- against unfair, illegal business prac- ports but also ensuring that trade is ergy renaissance taking place in our tices. That is why the Customs bill is fair. There are a lot of ways to do that, State and around the country. I visited so important. That is why the currency and in this legislation before us we these pipe and tube manufacturers and provisions, the level-the-playing-field really help to keep our competitors’ met with the workers. title V provision, and the ban on child feet to the fire to make sure they are By the way, these workers are doing labor are so very important. playing by the rules. One is with regard a great job. Again, they have made I yield the floor. to trade enforcement cases. There is concessions to be more competitive. The PRESIDING OFFICER. The Sen- language in here that makes it easier The companies have put a big invest- ator from Ohio. for American companies to seek the re- ment in their training and a big invest- Mr. PORTMAN. Mr. President, I ap- lief they deserve when another country ment in technology, and they can com- preciate the opportunity to come to is selling products into the United pete if there is a level playing field, the floor to talk a little about the cus- States unfairly because they subsidize and they can win in the international toms legislation that is now before us. the product illegally or because they competition. As my colleague from Ohio just talked sell it at below their cost, which is We won two trade enforcement cases about, there are some very important called dumping. just last year, among others against provisions in this legislation that help There are a lot of companies in Ohio China, where they were illegally under- to ensure that, yes, while we are ex- that have had the opportunity to go to selling and subsidizing their products. panding exports, we are also ensuring the International Trade Administra- These victories brought some relief for we have a more level playing field for tion to seek remedy and some help, but Ohio pipe and tube makers and again our workers and our farmers. often they find that it is so difficult to gave us a chance to get back on our My State of Ohio is a State where we show they are injured, by the time feet. like exports. We have about 25 percent they get help, it is too late. So what We had another win just last month of our factory jobs there because of ex- this legislation does is it says that with regard to extending those tariffs ports. But we want to be sure we are when we have these trade cases, we to ensure we do have this more level getting a fair shake. Working with want to have the ability to actually playing field. That followed trade en- Senator BROWN and others, we put to- make our case and in a timely manner forcement wins I supported for workers gether some great provisions that are get some kind of relief. Otherwise, why who manufacture hot rolled steel at going to be part of this customs legis- do we have these laws? If you can’t get ArcelorMittal in Cleveland; AK Steel lation. I am hopeful we can get this timely relief, sometimes you find your- in Middletown; washing machines at passed. It is part of the Customs bill as self so far underwater you can’t get Whirlpool in Clyde, OH; and rebar at it passed in the Committee on Finance, back on your feet. That is why I am the Nucor plant in Marion, OH, but

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.054 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2844 CONGRESSIONAL RECORD — SENATE May 13, 2015 also rebar made elsewhere, including nies are spending millions of dollars a thored this bill with Senator CLAIRE Byer Steel in Cincinnati. I visited both year fighting these evasion schemes. A MCCASKILL of Missouri. I thank her, of those plants and talked to the work- lot of time and effort is put into it. and I also thank a couple of other co- ers. They are working hard. They un- It extremely concerning that these sponsors who have been very helpful in derstand they have to compete. They goods continue to illegally enter the getting this legislation into the Cus- understand it is a global marketplace. country through illegal transshipment toms bill and getting it onto the floor They are willing to compete, but they and falsified country-of-origin labeling, of the Senate. That includes Senator want to be sure it is on a level playing sometimes undervalued invoices to pay BURR of North Carolina and Senator field, and if we do pass this legislation, less for duties, and sometimes TOOMEY of Pennsylvania. it will help them in terms of getting misclassifying goods so they can slip Senator TOOMEY has been very help- that. through our customs without being ful, because under the old way, if we Again, I don’t think it is fair for subject to tariffs. dealt with miscellaneous tariff bills, it American companies to see products Let me give an example of this. was really considered an earmark be- coming in here that are being sub- Workers in Ohio produce prestressed cause it was sort of a rifleshot, where sidized and undersold and yet they are concrete steel wire strand, called PC individual Members would take up the not able to get the relief they need. So strand. It is one of our big products in cause. He has been very helpful in I am hopeful we will be able to pass Ohio. We are proud to produce it. It is bringing that issue to the fore and en- this legislation as part of the customs actually made from carbon wire rod suring that under our legislation we law that is going to come before the that is used to compress concrete are not going to have earmarks. In Senate. That material injury standard structural members to allow them to fact, we are going to be able to have is what it ought to be to ensure that, withstand very heavy loads. This would the International Trade Commission be although companies now have access to be for let’s say bridges, parking ga- involved to determine what the merits seek this remedy, that they can actu- rages, and certain concrete founda- of the cases are, not individual Mem- ally get the relief they need by having tions. bers of Congress. That is very impor- this relief provided more quickly and There are 250 workers at American tant to me. Senator BURR has been having the standard be one that can be Spring Wire in Bedford, OH, and I vis- very helpful to kind of bring the textile met by American companies and work- ited them and talked to them. They are interests to bear here, to ensure that as ers who are being hit with these unfair very interested in this provision be- we are looking at this issue of mis- trade practices. cause it helps them. Along with two cellaneous tariff bills, we are ensuring I am pleased this effort is supported other producers, they were a petitioner that the textile industry is protected by a lot of manufacturers all around in a successful trade case against China as are our other manufacturers. the country. Today, I met with the fas- a couple of years ago. The miscellaneous tariff bill is inter- teners from Ohio. These are the folks As a result of that action, both anti- esting. This is for extension of mis- in Ohio who makes the nuts and bolts dumping duties and also countervailing cellaneous tariffs that suspend or lower and so on. They are interested in this duties were put in place. Why? Because tariffs on a product that is an input to case because, again, they see the abil- this product was coming in illegally a manufacturing facility in the United ity for them to get a remedy when they subsidized and it was dumped—in other States, where there is no available need it. It is also supported by US words, sold at below cost. So they went product in the United States of Amer- Steel, Timken Steel, Nucor Steel, through the right process and were ica. United Steelworkers, and others. able to get these tariffs in place as it Right now we are paying tariffs on Again, it is a classic example of work- related to China; however, Chinese products coming in here where there is ing together to help protect workers traders began to approach U.S. pro- no competition in America. If we can, and jobs in places such as Ohio. ducers and importers with proposals through these miscellaneous tariff By the way, I hope it will pass as part even before the case ended to cir- bills, either reduce or eliminate these of the Customs bill, but, again, I hope cumvent this so that the trade orders duties, it will be less costly for our it is also made part of whatever legisla- that would be in place with regard to manufacturers to compete around the tion goes over to the House and to the China would be circumvented by send- world and less costly for our con- President for his signature, and that ing this product through a third coun- sumers. So this is a good thing for our may well be the legislation that in- try, where this strand would be re- economy. It is something we ought to cludes trade promotion authority. labeled and possibly repackaged to re- be promoting, and I thank our leader- I am also pleased that this Customs flect a different country of origin. By ship for getting this into the customs bill includes a measure that protects doing so, these antidumping and coun- legislation. Let’s deal with this MTB American workers and manufacturers tervailing duties would be avoided. issue. called the ENFORCE Act. It is also And once these trade orders against By the way, the old legislation ex- part of this package of bills that is in PC strand were entered, Malaysia did pired back in January of 2013—January the customs legislation. I have sup- indeed become a new source—a signifi- of 2013. Since that time, American ported and cosponsored this bipartisan cant new source of imports through use manufacturers and consumers have bill with Senator WYDEN since it was of this transshipment approach. been paying a much higher import introduced back in 2011. I have been So that is what this legislation goes duty, which is essentially higher taxes, proud to be the lead Republican on this after. It says, look, when you do this— than they should have to pay. That legislation because, just as I talked these kinds of schemes, the U.S. Gov- means they can’t put money into rais- about how that bipartisan bill with ernment is required to investigate ing wages, increasing benefits for Senator BROWN on the material injury these cases, and requires Customs to American workers, and maintaining standard is so important, we have to be make a preliminary determination our competitiveness. sure that once we win a trade case, when they have suspicion of this hap- There is a recent study out showing countries don’t use diversion to go pening. This is a big step forward. the failure to pass this MTB legislation around whatever provisions are put in Again, it is going to help companies, has resulted in a tax hike on U.S. man- place. not just successfully go through the ufacturers of $748 million—an economic Let me give an example. Sometimes process and the great cost of winning loss of $1.8 billion over the past several a case is won against one country, but one of these cases but actually having years. then they evade those higher tariffs by it mean something to them and their This legislation is backed by the Na- moving the production to another workers by ensuring companies don’t tional Association of Manufacturers, country, and they do it precisely be- evade it by going to a third country. along with 185 associations and compa- cause the trade case has been won. It is Another way we can support Amer- nies that urge us to quickly act on kind of hard to keep up with that, and ican jobs that is in this customs legis- this, including 8 of those companies that is why this legislation allows the lation is called the miscellaneous tar- and associations in my home State of administration to go after this issue of iffs bill. I am pleased it includes a bi- Ohio. So this is a reform bill that im- customs evasion. Sometimes compa- partisan bill that I coauthored. I au- mediately restarts this MTB process

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.056 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2845 later this year, resolves these earmark TRADE PROMOTION AUTHORITY reduced standard of living, and a concerns that we had previously, and Ms. MIKULSKI. Mr. President, yes- shrinking manufacturing base. allows us to preserve Congress’s tradi- terday, I voted in opposition to cloture I believe that a renewal of fast-track tional and constitutional role in trade on fast-track trade promotion author- negotiating authority means more policy. It is the right balance. I am ex- ity. Americans will lose their jobs in the cited it is in this Customs bill, along This was a difficult vote for me. name of free trade. More people will with the other provisions I talked Maryland is pulled in two directions on get TAA benefits, but more people will about. this issue. On one side Maryland’s agri- need them. Next week, I plan to talk more about cultural industries, such as poultry on Proponents of fast-track say it is in- another issue. It is not in the customs the Eastern Shore and the Port of Bal- evitable that there will be winners and legislation, but it will be in the legisla- timore, where they believe this trade losers. The problem is America’s work- ers and their families always seem to tion debate regarding trade promotion deal will bring economic benefits for be the losers. They lose their jobs. If authority. the State. On the other side, I have they keep their jobs or find new jobs, We talked earlier about the impor- constituents in Dundalk who don’t they lose the wage rates they have tance of expanding exports through have a steel industry anymore and earned. I have said before that I don’t trade promotion authority but also en- wonder why Congress didn’t do more to suring we had this level playing field. want to put American jobs on a fast- protect them from the effects of trade. track to Mexico or a slow boat to Part of the level playing field is ensur- Let me be very clear on one point. I ing that countries do not manipulate China. support trade. I encourage trade. Trade I had to base my decision on the facts their currency, which takes away so is very important to my State. Mary- many of the benefits of a trade agree- and what I know to be true in my land workers can compete successfully State. I have to be with my constitu- ment. Chairman Volcker of the Fed has in a global marketplace if they are said something I think that is inter- ents who have felt repeatedly betrayed given a level playing field. That is why by the trade deals. I voted to stand up esting in this regard. He has said that I support expansion of fair trade. in five minutes, exchange rates can for American workers and consumers. I In the past, I have supported bilat- voted to stand up for the right and re- wipe out what it took trade nego- eral trade agreements. We have lever- tiators ten years to accomplish. sponsibility of Congress to fully con- age in those situations and can get sider trade agreements. That is why I We will talk more about this next strong, enforceable labor and environ- week as we talk about trade promotion voted against cloture on fast-track. mental provisions into those agree- authority, because I do intend to offer f ments to improve living standards and an amendment that is targeted, that is stop child labor in sweatshops. But I HONORING DEPUTY SHERIFF JOE not going to be a poison pill in any re- have always been suspicious of multi- DUNN spect because I think it will actually lateral agreements like NAFTA. I have Mr. TESTER. Mr. President, I wish help us get more votes for trade, which seen too many of these big deals fail to to honor Cascade County Deputy Sher- is an important thing, and it is also deliver the promises of new jobs and iff Joe Dunn, a dedicated public serv- something that, frankly, does not af- businesses. ant who died in the line of duty on Au- fect the TPP countries immediately Why is the role of Congress so impor- gust 14, 2014. because none of them are violating the tant? To make sure the American peo- On behalf of all Montanans, I thank provisions of the IMF—International ple get a good deal. I am ready to sup- Deputy Dunn for his service to our Na- Monetary Fund—which is what we use port trade agreements that are good tion and his community of Great Falls, for our definition of currency manipu- for America, agreements that are good MT. lation, but they have in the past, and for workers and good for the environ- Before enlisting to serve and protect we don’t want them to in the future. ment. Congress should consider trade his neighbors as a deputy sheriff, Joe We don’t want them to take away the legislation and amendments using the Dunn served our Nation in the U.S. Ma- very benefits that American workers same procedures we use to consider rine Corps and deployed to the battle- and farmers get from these trade agree- fields of Afghanistan. ments. other legislation. We should use the leverage of our Upon returning to Montana, Deputy I appreciate the time today to talk Dunn married the love of his life, about this customs legislation. I am trade agreements to ensure fair com- petition. That means workers in other Robynn, and they had two children excited to have it on the floor tomor- Joey and Shiloh, who were the center row and have the chance to vote on all countries should have the right to or- ganize into unions. Without the of his universe. these very important enforcement pro- Deputy Dunn’s deep commitment to strength of collective bargaining, their visions, to ensure that our workers and Jesus and love for his family were the wages will always be below ours. They our farmers are getting a fair shake. guiding principles in which he lived his should also have worker safety protec- Then, next week, I hope we will have life. the opportunity to take up trade pro- tion and retirement and health care Montana’s leaders have permanently motion authority and move that for- benefits. honored the life and service of Deputy We should use the leverage of our ward, again, in a way to ensure that we Dunn by naming an eight mile stretch are lowering these barriers overseas for trade agreements to encourage coun- of Interstate 15 outside of Great Falls, our farmers, our workers, our service tries to respect the basic human rights MT the Joseph J. Dunn Memorial High- providers, so we can access those 95 of their citizens. Everyone deserves the way. percent of consumers who are outside right to live in a healthy, clean, On May 15, 2015, Peace Officers Me- of our borders and send more stuff unpolluted environment, and every morial Day, Deputy Dunn’s name will stamped ‘‘Made in America’’ all around worker should be guaranteed their fun- be enshrined forever alongside 273 the world, adding jobs in Ohio and damental rights at work. other brave peace officers who were When considering trade deals, I also America. killed in the line of duty. I yield back my time. have to consider the impact on my During his lifetime of service, Deputy The PRESIDING OFFICER. The ma- State of Maryland. I am a blue-collar Dunn always went beyond the call of jority leader. Senator. My heart and soul lies with duty to ensure the safety of those he blue-collar America. I spent most of f served, often working the evening shift my life in a blue-collar neighborhood. and long hours away from his family. MORNING BUSINESS My mother and father owned a neigh- Deputy Dunn always put others Mr. MCCONNELL. Mr. President, I borhood grocery store. When Beth- above himself, and he is the kind of ask unanimous consent that the Sen- lehem Steel went on strike, my dad leader every Montanan can be proud of. ate be in a period of morning business, gave those workers credit. My career Everyone who knew Deputy Dunn has with Senators permitted to speak and public service is one of deep com- been touched by his commitment to therein for up to 10 minutes each. mitment to working-class people. In serve others, and his passion for mak- The PRESIDING OFFICER. Without the last decade, working people have ing his community a better place to objection, it is so ordered. faced the loss of jobs, lower wages, a call home.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.058 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2846 CONGRESSIONAL RECORD — SENATE May 13, 2015 But above all, Joe Dunn was a family full commitment to excellence as an ADDITIONAL STATEMENTS man and regardless of the length of his American Fighter Ace. I am both hum- shift or the difficulty of his day, his bled and honored by his service and am top priority was being a father. proud to call him a fellow Nevadan. TRIBUTE TO REAR ADMIRAL Today as a body, we offer our deepest Today, I ask my colleagues to join me KEVIN S. COOK thoughts and prayers to his family: in recognizing Lt. Col. Henry ∑ Robynn, Joey, and Shiloh. Buttelmann for all of his achieve- Mr. BOOKER. Mr. President, I take The State of Montana and this coun- ments. I wish him well in all of his fu- this occasion to honor Rear Admiral try are endlessly grateful for his serv- ture endeavors. Kevin S. Cook of the U.S. Coast Guard ice. for his 36 years of dedicated service to our country. He is a man who, through- f f out his career, has led from the front, CONGRATULATING LIEUTENANT and our Nation has benefited greatly COLONEL HENRY BUTTELMANN CONGRATULATING CAPTAIN (DR.) from his efforts. CLAYTON K. GROSS Mr. HELLER. Mr. President, today, I A native of Freehold, NJ, Rear Admi- wish to congratulate Lt. Col. Henry Mr. HELLER. Mr. President, today, I ral Cook earned his bachelor of science Buttelmann on receiving the Congres- wish to congratulate Captain (Dr.) degree in ocean engineering and his sional Gold Medal, honoring his role as Clayton K. Gross on receiving the Con- commission from the U.S. Coast Guard an American Fighter Ace during the gressional Gold Medal, honoring his Academy in 1979. Rear Admiral Cook Korean and Vietnam wars. American role as an American Fighter Ace dur- spent his early years in the service Fighter Aces are pilots who shot down ing World War II. American Fighter afloat on ‘‘work boats,’’ the Coast five or more enemy planes in aerial Aces are pilots who shot down five or Guard’s black hull/aids to navigation combat during time of war. It gives me more enemy planes in aerial combat fleet. He served as a deck watch officer great pleasure to honor Lieutenant during time of war. It gives me great on the Coast Guard Cutter Madrona, as Colonel Buttelmann for his bravery pleasure to honor Captain Gross for his Executive Officer on the Coast Guard and his accomplishments while serving achievements and his bravery in serv- Cutter Bittersweet, and as commanding the United States of America. ing the United States of America. officer of the Coast Guard Cutter Lieutenant Colonel Buttelmann is Captain Gross is credited with six Cowslip. credited with seven confirmed air vic- and a half confirmed air victories and After his afloat career, Rear Admiral tories, five of which were during a even shot down a Messerschmitt 262, Cook developed proficiency in the short 12-day period. He was the young- the world’s first operational jet fighter. Coast Guard’s marine safety missions. est American Fighter Ace of the Ko- He flew a North American P–51 Mus- His first operational ashore tour was at rean war and flew a North American F– tang he named ‘‘Live Bait’’ when he Marine Safety Office Hampton Roads. 86 Sabre when he earned his Ace status. earned his Ace status. Captain Gross is He was later assigned as executive offi- From 1948 to 1950, Lieutenant Colonel a founding member of the American cer and, subsequently, commanding of- Buttelmann attended the University of Fighter Aces Association and served as ficer of Marine Safety Office Houston- Bridgeport, serving as a private in the president of the organization from 1978 Galveston—the position he held at the 514th Troop Carrier Group with the Air to 1979. He was also one of four former time of the September 11, 2001, attacks. National Guard. After graduating from fighter pilots, representing all Amer- Under his leadership, the Marine Safe- Big Springs Air Force Base in Texas, ican Fighter Aces, present when Presi- ty Office Houston-Galveston developed he received advanced gunnery training dent Barack Obama signed the Amer- integrated tactics, techniques, and pro- at Nellis Air Force Base in Nevada. He ican Fighter Aces Congressional Gold cedures to ensure the safety of the was then sent to serve in the Korean Medal Act. Captain Gross’s dedication ports under its purview. In the years war beginning December of 1952 and to his country and to his fellow Amer- immediately following 9/11, Rear Admi- earned his Ace status on June 30, 1953. ican Fighter Aces is invaluable. ral Cook directed homeland security After his service in the Korean war, Captain Gross’s service to the United operations while commanding the Re- Lieutenant Colonel Buttelmann re- States of America earns him a place gional Task Unit covering waters from turned to Nellis Air Force Base for in- among the heroes who have so val- Freeport, TX, to Lake Charles, LA. He structor duty. He then served in the iantly defended our freedom. I offer my carefully balanced safety and security Vietnam war, logging 232 combat mis- greatest appreciation to Captain Gross with the need to facilitate commerce sions during his 12-month tour. His for his courageous contributions to in the largest petrochemical complex service to our country is invaluable. this great Nation. His legacy as an in the United States. He executed these I extend my deepest gratitude to American Fighter Ace will continue on duties without any substantial disrup- Lieutenant Colonel Buttelmann for his for years to come. tion to the waterways or the more than courageous contributions to the United As a member of the Senate Veterans’ 150 facilities that comprise the Port of States of America. His service to his Affairs Committee, I recognize that Houston. His work established the country and his bravery earn him a Congress has a responsibility not only foundation for Coast Guard maritime place among the outstanding men and to honor these brave individuals who security operations today. women who have valiantly defended serve our Nation but also to ensure Rear Admiral Cook also spent time our Nation. His legacy as an American they are cared for when they return developing policy for the Coast Guard Fighter Ace will continue on for years home. I remain committed to uphold- and the international maritime com- to come. ing this promise for our veterans and munity. He was an engineer for, and As a member of the Senate Veterans’ servicemembers in Nevada and later the Chief of, the Coast Guard’s Affairs Committee, I recognize that throughout the Nation. Captain Gross’s hazardous materials division. He also Congress has a responsibility not only sacrifice warrants only the greatest re- served as the director of prevention to honor these brave individuals who spect and care in return. policy, where he was responsible for serve our Nation, but also to ensure During his service, Captain Gross many of the Coast Guard’s Marine they are cared for when they return demonstrated professionalism, com- Safety, Security, and Stewardship mis- home. I remain committed to uphold- mitment to excellence, and dedication sions affecting waterways manage- ing this promise for our veterans and to the highest standards of the Amer- ment, domestic and international ship- servicemembers in Nevada and ican Fighter Aces. His accolade is well ping, recreational and fishing boats, throughout the Nation. Lieutenant deserved. I am both humbled and hon- and port facilities throughout the Na- Colonel Buttelmann’s sacrifice war- ored by his service and am proud to tion. During this tour, our Nation rants only the greatest respect and call him a fellow Nevadan. Today, I ask would once again need Rear Admiral care in return. my colleagues to join me in recog- Cook’s leadership and, as before, he Lieutenant Colonel Buttelmann dis- nizing Captain Clayton Kelly Gross for would answer that call, serving as the played true dedication to his trade, all of his accomplishments. I wish him national incident commander’s rep- loyalty to defending his country, and well in all of his future endeavors. resentative to BP headquarters for

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.017 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2847 oversight of well containment activi- Commendation Medal, and the Coast cational opportunities to support those ties during the 2010 Deep Water Hori- Guard Achievement Medal. industries and grow jobs. He wanted to zon response. His specialty knowledge Rear Admiral Cook is a Coast make sure Idahoans had access to a and incident response expertise was in- Guardsman, but that is not all he is. He broad spectrum of job opportunities, strumental to the management of the is husband to Kristen, and, together, and he worked diligently to draw those first-ever designated Spill of National they are the proud parents of three industries to Idaho while assisting Significance, SONS, in U.S. history. grown children: Erin, a second-grade businesses already in Idaho with re- Rear Admiral Cook later served as teacher at Rosa Parks Elementary maining competitive. deputy commander of the Atlantic area school in Woodbridge, VA; Peter, a It is no surprise that Frank’s talents in Portsmouth, VA, overseeing oper- technician at a TV station in Winter and achievements have been widely ations spanning five Coast Guard dis- Park, FL; and Megan, who followed in recognized. He was inducted into the tricts and 40 States, from the Rocky her father’s footsteps and serves as a Idaho Hall of Fame in 2014 and received Mountains to the Arabian Gulf. lieutenant junior grade on the Coast many other recognitions for his work Rear Admiral Cook presently serves Guard Cutter Juniper in Newport, RI. in furthering economic development as the commander of the Eighth Coast This week, Rear Admiral Kevin Cook and in support of seniors, veterans, the Guard District. Headquartered in New will leave his post in New Orleans and Boy Scouts of America, and others. Orleans, the Eighth District is respon- retire after 36 years of exemplary serv- Frank received a Presidential Lifetime sible for Coast Guard operations span- ice to the Coast Guard and our Nation. Achievement Award for Volunteerism. ning 26 States, from North Dakota to Including his Coast Guard Academy Frank was so dedicated that he Brownsville, TX; more than 1,200 miles time, Rear Admiral Cook has served worked well into what would be many of Gulf of Mexico shoreline from South our Nation for 40 years. Just as he has people’s retirement years to make im- Padre Island to the Florida Panhandle; stood the watch and has been ‘‘Semper provements for Idahoans. We have and more than 10,300 miles of inland Paratus . . . Always Ready’’ during his much to thank Frank Henderson for, waterways, including the entire career, I am sure that he is ready for including his example of effective lead- lengths of the Mississippi, Ohio, Mis- the next phase of his life. The Coast ership, his tenacity in seeing projects souri, Illinois, and Tennessee river sys- Guard will carry on, as will his service through to completion, and his focus tems. It also oversees more than legacy, through the men and women on strengthening Idaho. I express my 179,000-square-miles of the Gulf of Mex- who he has led and mentored for the deep condolences to Frank’s wife, ico and the associated oil and gas ex- past four decades. Betty Ann, his children and their fami- ploration activities that occur on the I ask my colleagues in the Senate to lies, and his many other friends and Outer Continental Shelf. join me in thanking Rear Admiral loved ones.∑ Unique to the Eighth Coast Guard Cook for his distinguished service and, f District are the wide and varied mis- in Coast Guard tradition, wish him fair APPALACHIAN REGIONAL sions carried out daily across the gulf winds and following seas.∑ COMMISSION 50TH ANNIVERSARY and heartland of America. Rear Admi- f ral Cook has provided strategic vision ∑ Mr. KAINE. Mr. President, this and critical operational support to en- REMEMBERING FRANK spring, we celebrate the 50th anniver- sure that the nearly 10,000 Active Duty, HENDERSON sary of President Johnson signing leg- Reserve, Civilian, and Auxiliary mem- ∑ Mr. CRAPO. Mr. President, I wish to islation to establish the Appalachian bers under his charge have the nec- honor the life of Frank Henderson, an Regional Commission, ARC. essary tools and direction to protect outstanding Idaho leader who will be The ARC represents a unique part- some of our Nation’s busiest ports and missed greatly. nership between Federal, State and waterways. In fact, the Eighth District Frank personified public service. He local government in 13 Appalachian oversees 17 of the top 40 busiest U.S. served our Nation in the U.S. Army States with the aim to address per- ports in terms of gross tonnage shipped 33rd Division during World War II. He sistent poverty in Appalachian regions. annually—ports such as Houston, Lake served our State and his district in the In Virginia, 25 counties and 8 cities are Charles, Corpus Christi, New Orleans, Idaho State Legislature for five terms. part of that region. Since its inception, and Mobile that are vital to our Na- He served Kootenai County as Kootenai the Appalachian Regional Commission tion’s economic prosperity. The Eighth County commissioner, and he served has worked to combat problems such as District’s boundaries also contain the his community as mayor of Post Falls. poor health, limited transportation in- majority of our Nation’s river systems, Frank was a newsman by trade who at- frastructure, and the digital divide. which facilitate the movement of 880 tended the University of Idaho and Over the past 50 years, ARC has funded million tons of cargo annually via began his career in journalism as a re- projects that assisted in the reduction towboat and barge traffic. His respon- porter for the Chicago Herald Amer- of distressed communities in the Com- sibilities stretch 200 miles from shore ican newspaper. He worked as a mar- monwealth by providing assistance for into the Gulf of Mexico, where there keting executive before returning to water and wastewater projects, encour- are more than 6,500 oil and gas wells, Idaho in 1976 and becoming the owner aging the adoption of advanced tech- over 100 mobile offshore drilling units, and publisher of the Post Falls Trib- nologies such as broadband service, and and approximately 30,000 people work- une. supporting the development of commu- ing on the Outer Continental Shelf Frank was a humble man who did not nity leaders and entrepreneurs. ARC every day. This is a vast area to com- crave the spotlight. Throughout his ca- has also recognized the importance of mand, but Rear Admiral Kevin Cook reer and life, he was a focused, orga- economic development that encourages does so admirably. nized, direct, driven, and solution-ori- tourism to help create communities A lifelong learner, Rear Admiral ented leader. Frank worked hard, and where people want to live, work and Cook has taken advantage of every op- utilized his ability to work well with visit. portunity to improve himself for the others to make progress and deliver In 1960, 43.2 percent of people lived in betterment of the Coast Guard and his many significant achievements. These poverty in Virginia’s Appalachian Re- community. He earned a master of included drawing in and retaining busi- gion. That number has decreased to science degree in chemical engineering nesses and jobs in Idaho, building the 18.6 percent today. In 1970, 28 percent of from Princeton University, and he is a infrastructure to sustain economic ex- homes lacked complete plumbing. 1999 graduate of the U.S. Army War pansion, and eliminating impediments Today, that number has been reduced College. He later served a 1-year ap- to job growth. to 4 percent. This progress exemplifies pointment as the Coast Guard fellow to He recognized the value of consensus ARC’s steadfast commitment toward the chief of naval operations strategic building and the strength of a diversity achieving its objective to increase job studies group. Rear Admiral Cook has of experiences and abilities. Diver- opportunities and per capita income, earned numerous military honors, in- sification was central to his economic strengthen the capacity of Appa- cluding the Legion of Merit, the Meri- development efforts. Frank promoted a lachia’s citizens to compete in the torious Service Medal, the Coast Guard diversity of industry and local edu- global economy, improve the region’s

VerDate Sep 11 2014 05:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.057 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2848 CONGRESSIONAL RECORD — SENATE May 13, 2015 infrastructure, and build the Appa- this reason, I have determined that it H.R. 723. An act to provide Capitol-flown lachian Development Highway System, is necessary to continue the national flags to the immediate family of fire fight- ADHS. emergency declared in Executive Order ers, law enforcement officers, members of rescue squads or ambulance crews, and pub- Great strides have been made in Vir- 13611 with respect to Yemen. lic safety officers who are killed in the line ginia’s Appalachian Region, but more BARACK OBAMA. of duty; to the Committee on Rules and Ad- work remains. I am proud to have THE WHITE HOUSE, May 13, 2015. ministration. signed a letter to the chairman and f H.R. 2146. An act to amend the Internal ranking member on Appropriations re- Revenue Code of 1986 to allow Federal law questing fiscal year 2016 ARC funding MESSAGES FROM THE HOUSE enforcement officers, firefighters, and air traffic controllers to make penalty-free at the President’s budget request of $93 At 1:37 p.m., a message from the withdrawals from governmental plans after million. This critical work must con- House of Representatives, delivered by age 50, and for other purposes; to the Com- tinue until the 25 million Americans Mrs. Cole, one of its reading clerks, an- mittee on Finance. who live in the Appalachian Regions nounced that the House has passed the f are helped out of poverty and can following bills, without amendment: achieve socioeconomic parity with the EXECUTIVE AND OTHER S. 665. An act to encourage, enhance, and COMMUNICATIONS Nation. integrate Blue Alert plans throughout the With the Appalachian Regional Com- United States in order to disseminate infor- The following communications were mission’s continued work and deter- mation when a law enforcement officer is se- laid before the Senate, together with mination, I am confident that the re- riously injured or killed in the line of duty, accompanying papers, reports, and doc- gion will continue toward economic is missing in connection with the officer’s of- uments, and were referred as indicated: progress, growth, and development.∑ ficial duties, or an imminent and credible EC–1581. A communication from the Chief threat that an individual intends to cause Financial Officer, Department of Energy, f the serious injury or death of a law enforce- transmitting, pursuant to law, a report rel- ment officer is received, and for other pur- MESSAGE FROM THE PRESIDENT ative to a violation of the Antideficiency poses. Act; to the Committee on Appropriations . A message from the President of the S. 1124. An act to amend the Workforce In- EC–1582. A communication from the Con- United States was communicated to novation and Opportunity Act to improve gressional Review Coordinator, Animal and the Senate by Mr. Pate, one of his sec- the Act. Plant Health Inspection Service, Department retaries. The message also announced that the of Agriculture, transmitting, pursuant to House has passed the following bills, in law, the report of a rule entitled ‘‘Viruses, f Serums, Toxins, and Analogous Products; which it requests the concurrence of Exemptions From Preparation Pursuant to PRESIDENTIAL MESSAGE the Senate: an Unsuspended and Unrevoked License’’ H.R. 606. An act to amend the Internal ((RIN0579–AD66) (Docket No. APHIS–2011– Revenue Code of 1986 to exclude certain com- 0048)) received in the Office of the President REPORT ON THE CONTINUATION pensation received by public safety officers of the Senate on May 11, 2015; to the Com- OF THE NATIONAL EMERGENCY and their dependents from gross income. mittee on Agriculture, Nutrition, and For- THAT WAS ORIGINALLY DE- H.R. 723. An act to provide Capitol-flown estry. EC–1583. A communication from the Acting CLARED IN EXECUTIVE ORDER flags to the immediate family of fire fight- ers, law enforcement officers, members of Under Secretary of Defense (Personnel and 13611 OF MAY 16, 2012, WITH RE- Readiness), transmitting the report of fifteen SPECT TO YEMEN—PM 16 rescue squads or ambulance crews, and pub- lic safety officers who are killed in the line (15) officers authorized to wear the insignia The PRESIDING OFFICER laid be- of duty. of the grade of major general or brigadier H.R. 1732. An act to preserve existing general, as indicated, in accordance with fore the Senate the following message title 10, United States Code, section 777; to rights and responsibilities with respect to from the President of the United the Committee on Armed Services. States, together with an accompanying waters of the United States, and for other EC–1584. A communication from the Coun- report; which was referred to the Com- purposes. sel, Legal Division, Bureau of Consumer Fi- H.R. 2146. An act to amend the Internal nancial Protection, transmitting, pursuant mittee on Banking, Housing, and Revenue Code of 1986 to allow Federal law Urban Affairs: to law, the report of a rule entitled ‘‘Home- enforcement officers, firefighters, and air ownership Counseling Organizations Lists To the Congress of the United States: traffic controllers to make penalty-free and High-Cost Mortgage Counseling Inter- Section 202(d) of the National Emer- withdrawals from governmental plans after pretive Rule’’ (RIN3170–AA52) received in the age 50, and for other purposes. gencies Act (50 U.S.C. 1622(d)) provides Office of the President of the Senate on May for the automatic termination of a na- The message further announced that 11, 2015; to the Committee on Banking, Hous- the House has agreed to the following ing, and Urban Affairs. tional emergency unless, within 90 EC–1585. A communication from the Sec- days prior to the anniversary date of resolution: retary of Commerce, transmitting, pursuant its declaration, the President publishes H. Res. 254. Resolution relative to the to law, a report relative to the export to the in the Federal Register and transmits to death of the Honorable James Claude People’s Republic of China of items not det- the Congress a notice stating that the Wright, Jr., a former Representative from rimental to the U.S. space launch industry; the State of Texas. emergency is to continue in effect be- to the Committee on Banking, Housing, and ENROLLED BILLS SIGNED Urban Affairs. yond the anniversary date. In accord- EC–1586. A communication from the Presi- ance with this provision, I have sent to At 3:30 p.m., a message from the dent of the United States, transmitting, pur- the Federal Register for publication the House of Representatives, delivered by suant to law, a report on the continuation of enclosed notice stating that the na- Mr. Novotny, one of its reading clerks, the national emergency that was originally tional emergency declared in Executive announced that the Speaker has signed declared in Executive Order 13667 of May 12, Order 13611 of May 16, 2012, with respect the following enrolled bills: 2014, with respect to the Central African Re- H.R. 651. An act to designate the facility of public; to the Committee on Banking, Hous- to Yemen is to continue in effect be- ing, and Urban Affairs. the United States Postal Service located at yond May 16, 2015. EC–1587. A communication from the Chair- The actions and policies of certain 820 Elmwood Avenue in Providence, Rhode man and President of the Export-Import Island, as the ‘‘Sister Ann Keefe Post Of- Bank, transmitting, pursuant to law, a re- members of the Government of Yemen fice’’. and others continue to threaten Yem- port relative to a transaction involving U.S. H.R. 1075. An act to designate the United exports to Turkey; to the Committee on en’s peace, security, and stability, in- States Customs and Border Protection Port Banking, Housing, and Urban Affairs. cluding by obstructing the implemen- of Entry located at First Street and Pan EC–1588. A communication from the Chair- tation of the agreement of November American Avenue in Douglas, Arizona, as the man and President of the Export-Import 23, 2011, between the Government of ‘‘Raul Hector Castro Port of Entry’’. Bank, transmitting, pursuant to law, a re- Yemen and those in opposition to it, f port relative to a transaction involving U.S. which provided for a peaceful transi- exports to China; to the Committee on Bank- MEASURES REFERRED ing, Housing, and Urban Affairs. tion of power that meets the legitimate EC–1589. A communication from the Assist- demands and aspirations of the Yemeni The following bills were read the first ant Secretary, Energy Efficiency and Renew- people for change, and by obstructing and the second times by unanimous able Energy, Department of Energy, trans- the political process in Yemen. For consent, and referred as indicated: mitting, pursuant to law, a report entitled

VerDate Sep 11 2014 05:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MY6.018 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2849 ‘‘Annual Report to Congress on Federal Gov- law, the report of a rule entitled ‘‘Organ Pro- S. 1315. A bill to protect the right of law- ernment Energy Management and Conserva- curement and Transplantation: Implementa- abiding citizens to transport knives inter- tion Programs, Fiscal Year 2013’’; to the tion of the HIV Organ Policy Equity Act’’ state, notwithstanding a patchwork of local Committee on Energy and Natural Re- (RIN0906–AB05) received during adjournment and State prohibitions; to the Committee on sources. of the Senate in the Office of the President Commerce, Science, and Transportation. EC–1590. A communication from the Asso- of the Senate on May 8, 2015; to the Com- By Ms. MURKOWSKI: ciate Administrator, Office of Congressional mittee on Health, Education, Labor, and S. 1316. A bill to provide for the retention and Intergovernmental Affairs, General Pensions. and future use of certain land in Point Spen- Services Administration, transmitting, pur- EC–1601. A communication from the Dis- cer, Alaska, to support the mission of the suant to law, a report to Congress identi- trict of Columbia Auditor, transmitting, pur- Coast Guard, to convey certain land in Point fying the 9–1–1 capabilities of the multi-line suant to law, a report entitled ‘‘Examination Spencer to the Bering Straits Native Cor- telephone system in use by all federal agen- of the District’s Reserve Fund Policies’’; to poration, to convey certain land in Point cies in all federal buildings and properties; the Committee on Homeland Security and Spencer to the State of Alaska, and for other to the Committee on Environment and Pub- Governmental Affairs. purposes; to the Committee on Energy and lic Works. EC–1602. A communication from the Chair- Natural Resources. EC–1591. A communication from the Chief man of the Council of the District of Colum- By Mr. ISAKSON (for himself and Mr. of the Trade and Commercial Regulations bia, transmitting, pursuant to law, a report MURPHY): Branch, Customs and Border Protection, De- on D.C. Act 21–50, ‘‘Pre-K Student Discipline S. 1317. A bill to amend the Employee Re- partment of Homeland Security, transmit- Amendment Act of 2015’’; to the Committee tirement Income Security Act of 1974 to re- ting, pursuant to law, the report of a rule en- on Homeland Security and Governmental Af- quire a lifetime income disclosure; to the titled ‘‘Technical Corrections to the North fairs. Committee on Health, Education, Labor, and American Free Trade Agreement Uniform EC–1603. A communication from the Assist- Pensions. Regulations’’ (RIN1515–AE04) received in the ant Secretary, Legislative Affairs, Depart- By Mr. GRASSLEY (for himself and Office of the President of the Senate on May ment of State, transmitting, pursuant to Mr. WHITEHOUSE): S. 1318. A bill to amend title 18, United 7, 2015; to the Committee on Finance. law, the Department’s annual report con- EC–1592. A communication from the Assist- cerning military assistance and military ex- States Code, to provide for protection of ant Secretary, Legislative Affairs, Depart- ports; to the Committee on Foreign Rela- maritime navigation and prevention of nu- clear terrorism, and for other purposes; to ment of State, transmitting, pursuant to tions. EC–1604. A communication from the Regu- the Committee on the Judiciary. law, a report prepared by the Department of latory Coordinator, U.S. Immigration and By Mr. HELLER: State on progress toward a negotiated solu- Customs Enforcement, Department of Home- S. 1319. A bill to validate final patent num- tion of the Cyprus question covering the pe- land Security, transmitting, pursuant to ber 27–2005-0081, and for other purposes; to riod December 1, 2014, through January 31, law, the report of a rule entitled ‘‘Adjust- the Committee on Energy and Natural Re- 2015; to the Committee on Foreign Relations. ments to Limitations on Designated School sources. EC–1593. A communication from the Assist- Official Assignment and Study by F–2 and By Ms. WARREN (for herself and Mr. ant Secretary for Legislative Affairs, De- M–2 Nonimmigrants’’ (RIN1653–AA63) re- VITTER): partment of State, transmitting, pursuant to ceived in the Office of the President of the S. 1320. A bill to amend the Federal Re- law, a report certifying for fiscal year 2015 Senate on May 7, 2015; to the Committee on serve Act to reform the Federal Reserve Sys- that no United Nations agency or United Na- the Judiciary . tem; to the Committee on Banking, Housing, tions affiliated agency grants any official EC–1605. A communication from the Chair- and Urban Affairs. status, accreditation, or recognition to any man of the Council of the District of Colum- By Mr. COONS (for himself, Mr. organization which promotes and condones bia, transmitting, pursuant to law, a report PORTMAN, Ms. AYOTTE, and Mr. or seeks the legalization of pedophilia, or on D.C. Act 21–51, ‘‘Health Benefit Exchange PETERS): which includes as a subsidiary or member Authority Financial Sustainability Amend- S. 1321. A bill to expand benefits to the any such organization; to the Committee on ment Act of 2015’’; to the Committee on families of public safety officers who suffer Foreign Relations. Homeland Security and Governmental Af- fatal climate-related injuries sustained in EC–1594. A communication from the Assist- fairs. the line of duty and proximately resulting in ant Secretary, Legislative Affairs, Depart- death; to the Committee on the Judiciary. f ment of State, transmitting, pursuant to By Mr. MARKEY (for himself, Mr. law, a report relative to section 36(c) of the REPORTS OF COMMITTEES HATCH, and Mr. KIRK): Arms Export Control Act (DDTC 14–103); to The following reports of committees S. 1322. A bill to amend the Family Edu- the Committee on Foreign Relations. cational Rights and Privacy Act of 1974 to EC–1595. A communication from the Assist- were submitted: ensure that student data handled by private ant Secretary, Legislative Affairs, Depart- By Mr. HATCH, from the Committee on Fi- companies is protected, and for other pur- ment of State, transmitting, pursuant to nance: poses; to the Committee on Health, Edu- law, a report relative to section 36(c) of the Report to accompany S. 1269, An original cation, Labor, and Pensions. Arms Export Control Act (DDTC 15–021); to bill to reauthorize trade facilitation and By Mr. JOHNSON (for himself, Mr. the Committee on Foreign Relations. trade enforcement functions and activities, WARNER, and Ms. AYOTTE): EC–1596. A communication from the Assist- and for other purposes (Rept. No. 114–45). S. 1323. A bill to amend the Internal Rev- ant Secretary, Legislative Affairs, Depart- f enue Code of 1986 to permit the Secretary of ment of State, transmitting, pursuant to the Treasury and the Commissioner of the law, a report relative to section 36(c) of the INTRODUCTION OF BILLS AND Social Security Administration to disclose Arms Export Control Act (DDTC 14–139); to JOINT RESOLUTIONS certain return information related to iden- the Committee on Foreign Relations. The following bills and joint resolu- tity theft, and for other purposes; to the EC–1597. A communication from the Assist- tions were introduced, read the first Committee on Finance. ant Secretary, Legislative Affairs, Depart- and second times by unanimous con- By Mrs. CAPITO (for herself, Mr. ment of State, transmitting, pursuant to MCCONNELL, Mr. INHOFE, Mr. law, a report relative to section 36(c) of the sent, and referred as indicated: MANCHIN, Mr. CORNYN, Mr. THUNE, Arms Export Control Act (DDTC 15–031); to By Mr. BROWN (for himself, Mr. Mr. BARRASSO, Mr. BLUNT, Mr. ALEX- the Committee on Foreign Relations. BLUMENTHAL, Mrs. MURRAY, and Mr. ANDER, Mr. BOOZMAN, Mr. CASSIDY, EC–1598. A communication from the Assist- DURBIN): Mr. COATS, Mr. COTTON, Mr. CRAPO, ant Legal Adviser for Treaty Affairs, Depart- S. 1313. A bill to expand eligibility for re- Mr. CRUZ, Mr. DAINES, Mr. ENZI, Mrs. ment of State, transmitting, pursuant to the imbursement for smoking cessation services FISCHER, Mr. HOEVEN, Mr. ISAKSON, Case-Zablocki Act, 1 U.S.C. 112b, as amended, to include copayments for such services paid Mr. PAUL, Mr. PERDUE, Mr. RISCH, the report of the texts and background state- after fiscal year 2009 by covered beneficiaries Mr. ROUNDS, Mr. ROBERTS, Mr. ments of international agreements, other under the TRICARE program who are eligi- TILLIS, and Mr. WICKER): than treaties (List 2015–0036–2015–0050); to the ble for Medicare; to the Committee on S. 1324. A bill to require the Administrator Committee on Foreign Relations. Armed Services. of the Environmental Protection Agency to EC–1599. A communication from the Sec- By Mr. BOOKER (for himself and Mr. fulfill certain requirements before regulating retary of Defense, transmitting a report on HOEVEN): standards of performance for new, modified, the approved retirement of Lieutenant Gen- S. 1314. A bill to establish an interim rule and reconstructed fossil fuel-fired electric eral Bruce A. Litchfield, United States Air for the operation of small unmanned aircraft utility generating units, and for other pur- Force, and his advancement to the grade of for commercial purposes and their safe inte- poses; to the Committee on Environment and lieutenant general on the retired list; to the gration into the national airspace system; to Public Works. Committee on Armed Services. the Committee on Commerce, Science, and By Mr. PORTMAN (for himself and Mr. EC–1600. A communication from the Dep- Transportation. BROWN): uty Director, Health Resources and Services By Mr. ENZI (for himself, Mr. WYDEN, S. 1325. A bill to designate the Department Administration, Department of Health and Mr. MANCHIN, Mr. HEINRICH, Mr. LEE, of Veterans Affairs community based out- Human Services, transmitting, pursuant to and Mr. THUNE): patient clinic in Newark, Ohio, as the Daniel

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.008 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2850 CONGRESSIONAL RECORD — SENATE May 13, 2015 L. Kinnard Department of Veterans Affairs By Mr. WYDEN (for himself and Mr. care and services, and for other pur- Community Based Outpatient Clinic; to the UDALL): poses. Committee on Veterans Affairs. S. 1337. A bill to reform the Privacy and S. 431 By Mrs. FISCHER: Civil Liberties Oversight Board, and for S. 1326. A bill to amend certain maritime other purposes; to the Committee on the Ju- At the request of Mr. THUNE, the programs of the Department of Transpor- diciary. name of the Senator from Idaho (Mr. tation, and for other purposes; to the Com- f RISCH) was added as a cosponsor of S. mittee on Commerce, Science, and Transpor- 431, a bill to permanently extend the tation. ADDITIONAL COSPONSORS Internet Tax Freedom Act. By Ms. KLOBUCHAR (for herself, Mr. GRAHAM, Mrs. FEINSTEIN, and Mr. S. 33 S. 440 GRASSLEY): At the request of Mr. BARRASSO, the At the request of Mr. CRAPO, the S. 1327. A bill to amend the Controlled Sub- name of the Senator from Louisiana name of the Senator from New Jersey stances Act relating to controlled substance (Mr. CASSIDY) was added as a cosponsor (Mr. MENENDEZ) was added as a cospon- analogues; to the Committee on the Judici- of S. 33, a bill to provide certainty with ary. sor of S. 440, a bill to amend the Inter- By Mrs. SHAHEEN (for herself and Mr. respect to the timing of Department of nal Revenue Code of 1986 to provide for COCHRAN): Energy decisions to approve or deny an exclusion for assistance provided to S. 1328. A bill to authorize a national grant applications to export natural gas, and participants in certain veterinary stu- program for on-the-job training; to the Com- for other purposes. dent loan repayment or forgiveness. mittee on Health, Education, Labor, and S. 207 S. 578 Pensions. By Mr. KAINE: At the request of Mr. MORAN, the At the request of Ms. COLLINS, the S. 1329. A bill to remove the use restric- name of the Senator from Colorado name of the Senator from Minnesota tions on certain land transferred to Rocking- (Mr. BENNET) was added as a cosponsor (Mr. FRANKEN) was added as a cospon- ham County, Virginia, and for other pur- of S. 207, a bill to require the Secretary sor of S. 578, a bill to amend title XVIII poses; to the Committee on Energy and Nat- of Veterans Affairs to use existing au- of the Social Security Act to ensure ural Resources. thorities to furnish health care at non- more timely access to home health By Mrs. MURRAY (for herself, Mr. Department of Veterans Affairs facili- FRANKEN, Ms. WARREN, Mr. MERKLEY, services for Medicare beneficiaries ties to veterans who live more than 40 Mr. BOOKER, Mr. SCHATZ, Mr. MAR- under the Medicare program. KEY, Mrs. SHAHEEN, Ms. HIRONO, Ms. miles driving distance from the closest S. 608 medical facility of the Department BALDWIN, Mrs. FEINSTEIN, and Mrs. At the request of Ms. STABENOW, the OXER that furnishes the care sought by the B ): names of the Senator from New Mexico S. 1330. A bill to amend the Equal Credit veteran, and for other purposes. Opportunity Act to prohibit discrimination (Mr. HEINRICH) and the Senator from S. 280 on account of sexual orientation or gender Minnesota (Ms. KLOBUCHAR) were added identity when extending credit; to the Com- At the request of Mr. PORTMAN, the as cosponsors of S. 608, a bill to prevent mittee on Banking, Housing, and Urban Af- name of the Senator from Maine (Ms. homeowners from being forced to pay fairs. COLLINS) was added as a cosponsor of S. taxes on forgiven mortgage loan debt. By Mr. THUNE (for himself and Mr. 280, a bill to improve the efficiency, S. 683 SCHATZ): management, and interagency coordi- S. 1331. A bill to help enhance commerce At the request of Mr. BOOKER, the nation of the Federal permitting proc- through improved seasonal forecasts, and for names of the Senator from Colorado ess through reforms overseen by the other purposes; to the Committee on Com- (Mr. BENNET), the Senator from Oregon Director of the Office of Management merce, Science, and Transportation. (Mr. WYDEN), the Senator from Oregon By Mrs. GILLIBRAND: and Budget, and for other purposes. (Mr. MERKLEY) and the Senator from S. 1332. A bill to require the Secretary of S. 298 Agriculture to protect against foodborne ill- Wisconsin (Ms. BALDWIN) were added as At the request of Mr. GRASSLEY, the nesses, provide enhanced notification of re- cosponsors of S. 683, a bill to extend called meat, poultry, eggs, and related food name of the Senator from Mississippi the principle of federalism to State products, and for other purposes; to the Com- (Mr. COCHRAN) was added as a cospon- drug policy, provide access to medical mittee on Agriculture, Nutrition, and For- sor of S. 298, a bill to amend titles XIX marijuana, and enable research into estry. and XXI of the Social Security Act to the medicinal properties of marijuana. By Mr. GARDNER (for himself, Mr. provide States with the option of pro- S. 697 WYDEN, Mr. HATCH, Mr. ISAKSON, Mr. viding services to children with medi- MERKLEY, and Mr. BENNET): At the request of Mr. UDALL, the S. 1333. A bill to amend the Controlled Sub- cally complex conditions under the Medicaid program and Children’s names of the Senator from Pennsyl- stances Act to exclude cannabidiol and vania (Mr. CASEY) and the Senator cannabidiol-rich plants from the definition Health Insurance Program through a from Georgia (Mr. PERDUE) were added of marihuana, and for other purposes; to the care coordination program focused on Committee on the Judiciary. improving health outcomes for chil- as cosponsors of S. 697, a bill to amend By Ms. MURKOWSKI (for herself, Mr. dren with medically complex condi- the Toxic Substances Control Act to SULLIVAN, and Mr. SCHATZ): tions and lowering costs, and for other reauthorize and modernize that Act, S. 1334. A bill to strengthen enforcement and for other purposes. mechanisms to stop illegal, unreported, and purposes. S. 704 unregulated fishing, to amend the Tuna Con- S. 314 ventions Act of 1950 to implement the Anti- At the request of Mr. GRASSLEY, the At the request of Mr. GRASSLEY, the gua Convention, and for other purposes; to name of the Senator from Arkansas name of the Senator from New York the Committee on Commerce, Science, and (Mr. BOOZMAN) was added as a cospon- (Mr. SCHUMER) was added as a cospon- Transportation. sor of S. 314, a bill to amend title XVIII sor of S. 704, a bill to establish a Com- By Mr. SULLIVAN (for himself and Mr. of the Social Security Act to provide munity-Based Institutional Special SCHATZ): Needs Plan demonstration program to S. 1335. A bill to implement the Convention for coverage under the Medicare pro- on the Conservation and Management of the gram of pharmacist services. target home and community-based care to eligible Medicare beneficiaries. High Seas Fisheries Resources in the North S. 398 Pacific Ocean, as adopted at Tokyo on Feb- S. 711 ruary 24, 2012, and for other purposes; to the At the request of Mr. MORAN, the name of the Senator from New York At the request of Ms. AYOTTE, the Committee on Commerce, Science, and name of the Senator from Montana Transportation. (Mr. SCHUMER) was added as a cospon- By Mr. SCHATZ (for himself and Mr. sor of S. 398, a bill to amend the De- (Mr. TESTER) was added as a cosponsor SULLIVAN): partment of Veterans Affairs Health of S. 711, a bill to amend section 520J of S. 1336. A bill to implement the Convention Care Programs Enhancement Act of the Public Service Health Act to au- on the Conservation and Management of the 2001 and title 38, United States Code, to thorize grants for mental health first High Seas Fishery Resources in the South aid training programs. Pacific Ocean, as adopted at Auckland on require the provision of chiropractic November 14, 2009, and for other purposes; to care and services to veterans at all De- S. 713 the Committee on Commerce, Science, and partment of Veterans Affairs medical At the request of Mrs. BOXER, the Transportation. centers and to expand access to such names of the Senator from Washington

VerDate Sep 11 2014 00:01 Feb 12, 2016 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD15\MAY 15\S13MY5.REC S13MY5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2851 (Mrs. MURRAY) and the Senator from RUBIO) and the Senator from Wisconsin For more than 20 years, the Plains Minnesota (Ms. KLOBUCHAR) were added (Ms. BALDWIN) were added as cospon- Area Day Care Center in Broadway, as cosponsors of S. 713, a bill to prevent sors of S. 1119, a bill to establish the VA, has served children from mod- international violence against women, National Criminal Justice Commission. erate-income families in Rockingham and for other purposes. S. 1140 County. This facility sits on a 3-acre S. 746 At the request of Mr. BARRASSO, the parcel that was once Federal land be- At the request of Mr. GRASSLEY, the names of the Senator from Texas (Mr. fore the National Park Service con- names of the Senator from California CRUZ) and the Senator from Idaho (Mr. veyed it to Rockingham County in 1989 (Mrs. FEINSTEIN) and the Senator from RISCH) were added as cosponsors of S. under the Federal Lands to Parks Pro- Delaware (Mr. CARPER) were added as 1140, a bill to require the Secretary of gram. The county in turn leases this cosponsors of S. 746, a bill to provide the Army and the Administrator of the land to the center for $1 per year, with for the establishment of a Commission Environmental Protection Agency to a contract that runs through the year to Accelerate the End of Breast Cancer. propose a regulation revising the defi- 2027. The center is in need of repairs and S. 805 nition of the term ‘‘waters of the maintenance, including a new roof. At the request of Mr. UDALL, the United States’’, and for other purposes. name of the Senator from New York However, it has had difficulty in secur- S. 1162 ing private financing for these activi- (Mr. SCHUMER) was added as a cospon- At the request of Mr. TOOMEY, the ties because of the complex land own- sor of S. 805, a bill to amend title 54, name of the Senator from Missouri United States Code, to make Hispanic- ership structure—Federal land con- (Mr. BLUNT) was added as a cosponsor veyed conditionally to a county and serving institutions eligible for tech- of S. 1162, a bill to ensure Federal law nical and financial assistance for the leased to a private company. Due to enforcement officers remain able to en- Virginia’s status as a ‘‘Dillon Rule’’ establishment of preservation training sure their own safety, and the safety of State, Rockingham County cannot exe- and degree programs. their families, during a covered fur- cute a loan either. S. 860 lough. This bill would specify that the 1989 At the request of Mr. THUNE, the S. 1190 land conveyance is transferred in fee name of the Senator from Alabama At the request of Mrs. CAPITO, the simple, with no further use restric- (Mr. SHELBY) was added as a cosponsor name of the Senator from Arkansas tions. I appreciate the goal of the Fed- of S. 860, a bill to amend the Internal (Mr. BOOZMAN) was added as a cospon- eral Lands to Parks Program to pre- Revenue Code of 1986 to repeal the es- sor of S. 1190, a bill to amend title serve land as open space, particularly tate and generation-skipping transfer XVIII of the Social Security Act to en- after having overseen the preservation taxes, and for other purposes. sure equal access of Medicare bene- of 400,000 acres of open space in Vir- S. 883 ficiaries to community pharmacies in ginia during my time as Governor of At the request of Ms. MURKOWSKI, the underserved areas as network phar- the Commonwealth. There are no plans name of the Senator from Idaho (Mr. macies under Medicare prescription to develop the open space on this site, CRAPO) was added as a cosponsor of S. drug coverage, and for other purposes. only to fix the day care center build- 883, a bill to facilitate the reestablish- S. 1214 ing—a former Forest Service garage ment of domestic, critical mineral des- that has been on the site since before At the request of Mr. MENENDEZ, the ignation, assessment, production, man- its transfer from Federal ownership. ufacturing, recycling, analysis, fore- names of the Senator from Wisconsin This is a small modification that casting, workforce, education, and re- (Ms. BALDWIN), the Senator from Dela- simply removes unnecessary bureau- search capabilities in the United ware (Mr. COONS), the Senator from cratic hurdles and allows the day care States, and for other purposes. Rhode Island (Mr. REED) and the Sen- center to continue doing what it has ator from New Hampshire (Mrs. SHA- S. 928 been doing for 25 years. My Virginia HEEN) were added as cosponsors of S. At the request of Mrs. GILLIBRAND, colleague Congressman BOB GOODLATTE 1214, a bill to prevent human health the name of the Senator from Delaware has introduced companion legislation threats posed by the consumption of (Mr. COONS) was added as a cosponsor in the House of Representatives, and I equines raised in the United States. of S. 928, a bill to reauthorize the am pleased to join him in this com- World Trade Center Health Program S. 1238 mon-sense, bipartisan effort. and the September 11th Victim Com- At the request of Mr. LEE, the name f pensation Fund of 2001, and for other of the Senator from Missouri (Mr. BLUNT) was added as a cosponsor of S. AMENDMENTS SUBMITTED AND purposes. PROPOSED S. 968 1238, a bill to provide for an accounting SA 1222. Mr. CRUZ submitted an amend- At the request of Mrs. GILLIBRAND, of total United States contributions to the United Nations. ment intended to be proposed by him to the the name of the Senator from Massa- bill H.R. 1314, to amend the Internal Revenue S. 1305 chusetts (Ms. WARREN) was added as a Code of 1986 to provide for a right to an ad- cosponsor of S. 968, a bill to require the At the request of Mr. BARRASSO, the ministrative appeal relating to adverse de- Commissioner of Social Security to re- name of the Senator from Wyoming terminations of tax-exempt status of certain vise the medical and evaluation cri- (Mr. ENZI) was added as a cosponsor of organizations; which was ordered to lie on teria for determining disability in a S. 1305, a bill to amend the Colorado the table. person diagnosed with Huntington’s River Storage Project Act to authorize SA 1223. Mr. HATCH submitted an amend- ment intended to be proposed by him to the Disease and to waive the 24-month the use of the active capacity of the bill H.R. 1295, to amend the Internal Revenue waiting period for Medicare eligibility Fontenelle Reservoir. Code of 1986 to improve the process for mak- for individuals disabled by Hunting- f ing determinations with respect to whether ton’s Disease. organizations are exempt from taxation S. 1013 STATEMENTS ON INTRODUCED under section 501(c)(4) of such Code; which At the request of Mr. SCHUMER, the BILLS AND JOINT RESOLUTIONS was ordered to lie on the table. SA 1224. Mr. HATCH submitted an amend- name of the Senator from Florida (Mr. By Mr. KAINE: ment intended to be proposed by him to the NELSON) was added as a cosponsor of S. S. 1329. A bill to remove the use re- bill H.R. 644, to amend the Internal Revenue 1013, a bill to amend title XVIII of the strictions on certain land transferred Code of 1986 to permanently extend and ex- Social Security Act to provide for cov- to Rockingham County, Virginia, and pand the charitable deduction for contribu- erage and payment for complex reha- for other purposes; to the Committee tions of food inventory; which was ordered to bilitation technology items under the on Energy and Natural Resources. lie on the table. Medicare program, and for other pur- Mr. KAINE. Mr. President, this bill SA 1225. Mr. MCCONNELL (for Mr. LEE) poses. proposed an amendment to the concurrent has a complex backstory, but it serves resolution S. Con. Res. 10, supporting the S. 1119 a simple purpose: To allow asmall day designation of the year of 2015 as the ‘‘Inter- At the request of Mr. PETERS, the care facility in Virginia to undertake national Year of Soils’’ and supporting lo- names of the Senator from Florida (Mr. routine repairs and maintenance. cally led soil conservation.

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Mr. CRUZ submitted an Generalized System of Pref- the United States and sub-Saharan African amendment intended to be proposed by erences with respect to articles countries. him to the bill H.R. 1314, to amend the of beneficiary developing coun- (9) The elimination of such barriers will Internal Revenue Code of 1986 to pro- tries exported to the United improve utilization of the African Growth vide for a right to an administrative States during calendar year and Opportunity Act and strengthen regional appeal relating to adverse determina- 2014. and global integration, accelerate economic tions of tax-exempt status of certain Sec. 204. Travel goods. growth in sub-Saharan Africa, and enhance TITLE III—EXTENSION OF PREF- the trade relationship between the United organizations; which was ordered to lie States and sub-Saharan Africa. on the table; as follows: ERENTIAL DUTY TREATMENT PRO- GRAM FOR HAITI SEC. 103. EXTENSION OF AFRICAN GROWTH AND At the end of section 106(b), insert the fol- OPPORTUNITY ACT. Sec. 301. Extension of preferential duty lowing: (a) IN GENERAL.—Section 506B of the Trade (7) PROHIBITION ON TRADE AGREEMENTS THAT treatment program for Haiti. Act of 1974 (19 U.S.C. 2466b) is amended by AFFECT IMMIGRATION LAWS.— TITLE IV—TARIFF CLASSIFICATION OF striking ‘‘September 30, 2015’’ and inserting (A) IN GENERAL.—Nothing in this Act or in CERTAIN ARTICLES ‘‘September 30, 2025’’. any trade agreement subject to this Act Sec. 401. Tariff classification of recreational (b) AFRICAN GROWTH AND OPPORTUNITY shall alter or affect any law, regulation, or performance outerwear. ACT.— policy relating to immigration. Sec. 402. Duty treatment of specialized ath- (1) IN GENERAL.—Section 112(g) of the Afri- (B) APPLICABILITY OF TRADE AUTHORITIES letic footwear. can Growth and Opportunity Act (19 U.S.C. PROCEDURES.—The trade authorities proce- Sec. 403. Effective date. 3721(g)) is amended by striking ‘‘September dures shall not apply to any implementing TITLE V—MISCELLANEOUS PROVISIONS 30, 2015’’ and inserting ‘‘September 30, 2025’’. bill submitted with respect to a trade agree- (2) EXTENSION OF REGIONAL APPAREL ARTI- Sec. 501. Report on contribution of trade CLE PROGRAM.—Section 112(b)(3)(A) of the Af- ment entered into under section 103(b) that preference programs to reduc- includes any provision that alters or affects rican Growth and Opportunity Act (19 U.S.C. ing poverty and eliminating 3721(b)(3)(A)) is amended— any law, regulation, or policy relating to hunger. immigration. (A) in clause (i), by striking ‘‘11 suc- TITLE VI—OFFSETS ceeding’’ and inserting ‘‘21 succeeding’’; and SA 1223. Mr. HATCH submitted an Sec. 601. Customs user fees. (B) in clause (ii)(II), by striking ‘‘Sep- amendment intended to be proposed by Sec. 602. Time for payment of corporate esti- tember 30, 2015’’ and inserting ‘‘September him to the bill H.R. 1295, to amend the mated taxes. 30, 2025’’. (3) EXTENSION OF THIRD-COUNTRY FABRIC Internal Revenue Code of 1986 to im- Sec. 603. Improved information reporting on unreported and underreported PROGRAM.—Section 112(c)(1) of the African prove the process for making deter- financial accounts. Growth and Opportunity Act (19 U.S.C. minations with respect to whether or- TITLE I—EXTENSION OF AFRICAN 3721(c)(1)) is amended— ganizations are exempt from taxation GROWTH AND OPPORTUNITY ACT (A) in the paragraph heading, by striking under section 501(c)(4) of such Code; ‘‘SEPTEMBER 30, 2015’’ and inserting ‘‘SEP- SEC. 101. SHORT TITLE. TEMBER 30, 2025’’; which was ordered to lie on the table; This title may be cited as the ‘‘AGOA Ex- as follows: (B) in subparagraph (A), by striking ‘‘Sep- tension and Enhancement Act of 2015’’. tember 30, 2015’’ and inserting ‘‘September Strike all after the enacting clause and in- SEC. 102. FINDINGS. 30, 2025’’; and sert the following: Congress finds the following: (C) in subparagraph (B)(ii), by striking SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) Since its enactment, the African ‘‘September 30, 2015’’ and inserting ‘‘Sep- (a) SHORT TITLE.—This Act may be cited as Growth and Opportunity Act has been the tember 30, 2025’’. the ‘‘Trade Preferences Extension Act of centerpiece of trade relations between the SEC. 104. MODIFICATIONS OF RULES OF ORIGIN 2015’’. United States and sub-Saharan Africa and FOR DUTY-FREE TREATMENT FOR (b) TABLE OF CONTENTS.—The table of con- has enhanced trade, investment, job cre- ARTICLES OF BENEFICIARY SUB-SA- tents for this Act is as follows: ation, and democratic institutions through- HARAN AFRICAN COUNTRIES UNDER Sec. 1. Short title; table of contents. out Africa. GENERALIZED SYSTEM OF PREF- ERENCES. TITLE I—EXTENSION OF AFRICAN (2) Trade and investment, as facilitated by the African Growth and Opportunity Act, (a) IN GENERAL.—Section 506A(b)(2) of the GROWTH AND OPPORTUNITY ACT Trade Act of 1974 (19 U.S.C. 2466a(b)(2)) is promote economic growth, development, Sec. 101. Short title. amended— poverty reduction, democracy, the rule of Sec. 102. Findings. (1) in subparagraph (A), by striking ‘‘and’’ law, and stability in sub-Saharan Africa. Sec. 103. Extension of African Growth and at the end; (3) Trade between the United States and Opportunity Act. (2) in subparagraph (B), by striking the pe- sub-Saharan Africa has more than tripled Sec. 104. Modifications of rules of origin for riod at the end and inserting ‘‘; and’’; and since the enactment of the African Growth duty-free treatment for articles (3) by adding at the end the following: and Opportunity Act in 2000, and United of beneficiary sub-Saharan Af- ‘‘(C) the direct costs of processing oper- States direct investment in sub-Saharan Af- rican countries under General- ations performed in one or more such bene- rica has grown almost six-fold. ized System of Preferences. ficiary sub-Saharan African countries or (4) It is in the interest of the United States Sec. 105. Monitoring and review of eligi- former beneficiary sub-Saharan African to engage and compete in emerging markets bility under Generalized Sys- countries shall be applied in determining in sub-Saharan African countries, to boost tem of Preferences. such percentage.’’. Sec. 106. Promotion of the role of women in trade and investment between the United (b) APPLICABILITY TO ARTICLES RECEIVING States and sub-Saharan African countries, social and economic develop- DUTY-FREE TREATMENT UNDER TITLE V OF and to renew and strengthen the African ment in sub-Saharan Africa. TRADE ACT OF 1974.—Section 506A(b) of the Sec. 107. Biennial AGOA utilization strate- Growth and Opportunity Act. Trade Act of 1974 (19 U.S.C. 2466a(b)) is gies. (5) The long-term economic security of the amended by adding at the end the following: Sec. 108. Deepening and expanding trade and United States is enhanced by strong eco- ‘‘(3) RULES OF ORIGIN UNDER THIS TITLE.— investment ties between sub- nomic and political ties with the fastest- The exceptions set forth in subparagraphs Saharan Africa and the United growing economies in the world, many of (A), (B), and (C) of paragraph (2) shall also States. which are in sub-Saharan Africa. apply to any article described in section Sec. 109. Agricultural technical assistance (6) It is a goal of the United States to fur- 503(a)(1) that is the growth, product, or man- for sub-Saharan Africa. ther integrate sub-Saharan African countries ufacture of a beneficiary sub-Saharan Afri- Sec. 110. Reports. into the global economy, stimulate economic can country for purposes of any determina- Sec. 111. Technical amendments. development in Africa, and diversify sources Sec. 112. Definitions. tion to provide duty-free treatment with re- of growth in sub-Saharan Africa. spect to such article.’’. TITLE II—EXTENSION OF GENERALIZED (7) To that end, implementation of the (c) MODIFICATIONS TO THE HARMONIZED TAR- SYSTEM OF PREFERENCES Agreement on Trade Facilitation of the IFF SCHEDULE.—The President may proclaim Sec. 201. Extension of Generalized System of World Trade Organization would strengthen such modifications as may be necessary to Preferences. regional integration efforts in sub-Saharan the Harmonized Tariff Schedule of the Sec. 202. Authority to designate certain cot- Africa and contribute to economic growth in United States (HTS) to add the special tariff ton articles as eligible articles the region. treatment symbol ‘‘D’’ in the ‘‘Special’’ sub- only for least-developed bene- (8) The elimination of barriers to trade and column of the HTS for each article classified ficiary developing countries investment in sub-Saharan Africa, including under a heading or subheading with the spe- under Generalized System of high tariffs, forced localization require- cial tariff treatment symbol ‘‘A’’ or ‘‘A*’’ in Preferences. ments, restrictions on investment, and cus- the ‘‘Special’’ subcolumn of the HTS.

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(d) EFFECTIVE DATE.—The amendments days after the date on which the President SEC. 106. PROMOTION OF THE ROLE OF WOMEN made by subsections (a) and (b) take effect publishes the notice of review and request IN SOCIAL AND ECONOMIC DEVEL- on the date of the enactment of this Act and for public comments under paragraph (1)— OPMENT IN SUB-SAHARAN AFRICA. apply with respect to any article described in ‘‘(A) hold a public hearing on such review (a) STATEMENT OF POLICY.—Section 103 of section 503(b)(1)(B) through (G) of the Trade and request for public comments; and the African Growth and Opportunity Act (19 Act of 1974 that is the growth, product, or ‘‘(B) publish in the Federal Register, before U.S.C. 3702) is amended— manufacture of a beneficiary sub-Saharan such hearing is held, notice of— (1) in paragraph (8), by striking ‘‘; and’’ and African country and that is imported into ‘‘(i) the time and place of such hearing; and inserting a semicolon; the customs territory of the United States ‘‘(ii) the time and place at which such pub- (2) in paragraph (9), by striking the period on or after the date that is 30 days after such lic comments will be accepted. and inserting ‘‘; and’’; and date of enactment. ‘‘(3) PETITION PROCESS.— (3) by adding at the end the following: SEC. 105. MONITORING AND REVIEW OF ELIGI- ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(10) promoting the role of women in so- BILITY UNDER GENERALIZED SYS- after the date of the enactment of this sub- cial, political, and economic development in TEM OF PREFERENCES. sub-Saharan Africa.’’. (a) CONTINUING COMPLIANCE.—Section section, the President shall establish a proc- 506A(a)(3) of the Trade Act of 1974 (19 U.S.C. ess to allow any interested person, at any (b) ELIGIBILITY REQUIREMENTS.—Section 2466a(a)(3)) is amended— time, to file a petition with the Office of the 104(a)(1)(A) of the African Growth and Oppor- (1) by striking ‘‘If the President’’ and in- United States Trade Representative with re- tunity Act (19 U.S.C. 3703(a)(1)(A)) is amend- serting the following: spect to the compliance of any country listed ed by inserting ‘‘for men and women’’ after ‘‘(A) IN GENERAL.—If the President’’; and in section 107 of the African Growth and Op- ‘‘rights’’. (2) by adding at the end the following: portunity Act with the eligibility require- SEC. 107. BIENNIAL AGOA UTILIZATION STRATE- ‘‘(B) NOTIFICATION.—The President may not ments set forth in section 104 of such Act and GIES. terminate the designation of a country as a the eligibility criteria set forth in section 502 (a) IN GENERAL.—It is the sense of Congress of this Act. beneficiary sub-Saharan African country that— ‘‘(B) USE OF PETITIONS.—The President under subparagraph (A) unless, at least 60 (1) beneficiary sub-Saharan African coun- shall take into account all petitions filed days before the termination of such designa- tries should develop utilization strategies on tion, the President notifies Congress and no- pursuant to subparagraph (A) in making de- a biennial basis in order to more effectively tifies the country of the President’s inten- terminations of compliance under sub- and strategically utilize benefits available tion to terminate such designation, together sections (a)(3)(A) and (c) and in preparing under the African Growth and Opportunity with the considerations entering into the de- any reports required by this title as such re- Act (in this section referred to as ‘‘AGOA cision to terminate such designation.’’. ports apply with respect to beneficiary sub- utilization strategies’’); (b) WITHDRAWAL, SUSPENSION, OR LIMITA- Saharan African countries. (2) United States trade capacity building TION OF PREFERENTIAL TARIFF TREATMENT.— ‘‘(4) OUT-OF-CYCLE REVIEWS.— agencies should work with, and provide ap- Section 506A of the Trade Act of 1974 (19 ‘‘(A) IN GENERAL.—The President may, at propriate resources to, such sub-Saharan Af- U.S.C. 2466a) is amended— any time, initiate an out-of-cycle review of rican countries to assist in developing and (1) by redesignating subsection (c) as sub- whether a beneficiary sub-Saharan African implementing biennial AGOA utilization section (d); and country is making continual progress in strategies; and (2) by inserting after subsection (b) the fol- meeting the requirements described in para- (3) as appropriate, and to encourage great- lowing: graph (1). The President shall give due con- er regional integration, the United States ‘‘(c) WITHDRAWAL, SUSPENSION, OR LIMITA- sideration to petitions received under para- Trade Representative should consider re- TION OF PREFERENTIAL TARIFF TREATMENT.— graph (3) in determining whether to initiate questing the Regional Economic Commu- ‘‘(1) IN GENERAL.—The President may with- an out-of-cycle review under this subpara- nities to prepare biennial AGOA utilization draw, suspend, or limit the application of graph. strategies. duty-free treatment provided for any article ‘‘(B) CONGRESSIONAL NOTIFICATION.—Before described in subsection (b)(1) of this section initiating an out-of-cycle review under sub- (b) CONTENTS.—It is further the sense of or section 112 of the African Growth and Op- paragraph (A), the President shall notify and Congress that biennial AGOA utilization portunity Act with respect to a beneficiary consult with Congress. strategies should identify strategic needs sub-Saharan African country if the President ‘‘(C) CONSEQUENCES OF REVIEW.—If, pursu- and priorities to bolster utilization of bene- determines that withdrawing, suspending, or ant to an out-of-cycle review conducted fits available under the African Growth and limiting such duty-free treatment would be under subparagraph (A), the President deter- Opportunity Act. To that end, biennial more effective in promoting compliance by mines that a beneficiary sub-Saharan Afri- AGOA utilization strategies should— the country with the requirements described can country does not meet the requirements (1) review potential exports under the Afri- in subsection (a)(1) than terminating the des- set forth in section 104(a) of the African can Growth and Opportunity Act and iden- ignation of the country as a beneficiary sub- Growth and Opportunity Act (19 U.S.C. tify opportunities and obstacles to increased Saharan African country for purposes of this 3703(a)), the President shall, subject to the trade and investment and enhanced poverty section. requirements of subsections (a)(3)(B) and reduction efforts; ‘‘(2) NOTIFICATION.—The President may not (c)(2), terminate the designation of the coun- (2) identify obstacles to regional integra- withdraw, suspend, or limit the application try as a beneficiary sub-Saharan African tion that inhibit utilization of benefits under of duty-free treatment under paragraph (1) country or withdraw, suspend, or limit the the African Growth and Opportunity Act; unless, at least 60 days before such with- application of duty-free treatment with re- (3) set out a plan to take advantage of op- drawal, suspension, or limitation, the Presi- portunities and address obstacles identified dent notifies Congress and notifies the coun- spect to articles from the country. ‘‘(D) REPORTS.—After each out-of-cycle re- in paragraphs (1) and (2), improve awareness try of the President’s intention to withdraw, of the African Growth and Opportunity Act suspend, or limit such duty-free treatment, view conducted under subparagraph (A) with respect to a country, the President shall sub- as a program that enhances exports to the together with the considerations entering United States, and utilize United States into the decision to terminate such designa- mit to the Committee on Finance of the Sen- ate and the Committee on Ways and Means Agency for International Development re- tion.’’. gional trade hubs; (c) REVIEW AND PUBLIC COMMENTS ON ELIGI- of the House of Representatives a report on (4) set out a strategy to promote small BILITY REQUIREMENTS.—Section 506A of the the review and any determination of the business and entrepreneurship; and Trade Act of 1974 (19 U.S.C. 2466a), as so President to terminate the designation of amended, is further amended— the country as a beneficiary sub-Saharan Af- (5) eliminate obstacles to regional trade (1) by redesignating subsection (d) as sub- rican country or withdraw, suspend, or limit and promote greater utilization of benefits section (e); and the application of duty-free treatment with under the African Growth and Opportunity (2) by inserting after subsection (c) the fol- respect to articles from the country under Act and establish a plan to promote full re- lowing: subparagraph (C). gional implementation of the Agreement on ‘‘(d) REVIEW AND PUBLIC COMMENTS ON ELI- ‘‘(E) INITIATION OF OUT-OF-CYCLE REVIEWS Trade Facilitation of the World Trade Orga- GIBILITY REQUIREMENTS.— FOR CERTAIN COUNTRIES.—Recognizing that nization. ‘‘(1) IN GENERAL.—In carrying out sub- concerns have been raised about the compli- (c) PUBLICATION.—It is further the sense of section (a)(2), the President shall publish an- ance with section 104(a) of the African Congress that— nually in the Federal Register a notice of re- Growth and Opportunity Act (19 U.S.C. (1) each beneficiary sub-Saharan African view and request for public comments on 3703(a)) of some beneficiary sub-Saharan Af- country should publish on an appropriate whether beneficiary sub-Saharan African rican countries, the President shall initiate Internet website of such country public countries are meeting the eligibility require- an out-of-cycle review under subparagraph versions of its AGOA utilization strategy; ments set forth in section 104 of the African (A) with respect to South Africa, the most and Growth and Opportunity Act and the eligi- developed of the beneficiary sub-Saharan Af- (2) the United States Trade Representative bility criteria set forth in section 502 of this rican countries, and other beneficiary coun- should publish on the Internet website of the Act. tries as appropriate, not later than 30 days Office of the United States Trade Represent- ‘‘(2) PUBLIC HEARING.—The United States after the date of the enactment of this sub- ative public versions of all AGOA utilization Trade Representative shall, not later than 30 section.’’. strategies described in paragraph (1).

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DEEPENING AND EXPANDING TRADE on leading exports to the United States from (ii) before the effective date specified in AND INVESTMENT TIES BETWEEN sub-Saharan African countries. paragraph (1), SUB-SAHARAN AFRICA AND THE (B) Any changes in eligibility of sub-Saha- shall be liquidated or reliquidated as though UNITED STATES. ran African countries during the period cov- such entry occurred on the effective date It is the policy of the United States to con- ered by the report. specified in paragraph (1). tinue to— (C) A detailed analysis of whether each (B) REQUESTS.—A liquidation or reliquida- (1) seek to deepen and expand trade and in- such beneficiary sub-Saharan African coun- tion may be made under subparagraph (A) vestment ties between sub-Saharan Africa try is continuing to meet the eligibility re- with respect to an entry only if a request and the United States, including through the quirements set forth in section 104 of the Af- therefor is filed with U.S. Customs and Bor- negotiation of accession by sub-Saharan Af- rican Growth and Opportunity Act and the der Protection not later than 180 days after rican countries to the World Trade Organiza- eligibility criteria set forth in section 502 of the date of the enactment of this Act that tion and the negotiation of trade and invest- the Trade Act of 1974. contains sufficient information to enable ment framework agreements, bilateral in- (D) A description of the status of regional U.S. Customs and Border Protection— vestment treaties, and free trade agree- integration efforts in sub-Saharan Africa. (i) to locate the entry; or ments, as such agreements have the poten- (E) A summary of United States trade ca- (ii) to reconstruct the entry if it cannot be tial to catalyze greater trade and invest- pacity building efforts. located. ment, facilitate additional investment in (F) Any other initiatives related to en- (C) PAYMENT OF AMOUNTS OWED.—Any sub-Saharan Africa, further poverty reduc- hancing the trade and investment relation- amounts owed by the United States pursuant tion efforts, and promote economic growth; ship between the United States and sub-Sa- to the liquidation or reliquidation of an (2) seek to negotiate agreements with indi- haran African countries. entry of a covered article under subpara- vidual sub-Saharan African countries as well (b) POTENTIAL TRADE AGREEMENTS RE- graph (A) shall be paid, without interest, not as with the Regional Economic Commu- PORT.—Not later than 1 year after the date of later than 90 days after the date of the liq- nities, as appropriate; the enactment of this Act, and every 5 years uidation or reliquidation (as the case may (3) promote full implementation of com- thereafter, the United States Trade Rep- be). mitments made under the WTO Agreement resentative shall submit to Congress a report (3) DEFINITIONS.—In this subsection: (as such term is defined in section 2(9) of the that— (A) COVERED ARTICLE.—The term ‘‘covered Uruguay Round Agreements Act (19 U.S.C. (1) identifies sub-Saharan African coun- article’’ means an article from a country 3501(9)) because such actions are likely to tries that have a expressed an interest in en- that is a beneficiary developing country improve utilization of the African Growth tering into a free trade agreement with the under title V of the Trade Act of 1974 (19 and Opportunity Act and promote trade and United States; U.S.C. 2461 et seq.) as of the effective date investment and because regular review to en- (2) evaluates the viability and progress of specified in paragraph (1). sure continued compliance helps to maxi- such sub-Saharan African countries and (B) ENTER; ENTRY.—The terms ‘‘enter’’ and mize the benefits of the African Growth and other sub-Saharan African countries toward ‘‘entry’’ include a withdrawal from ware- Opportunity Act; and entering into a free trade agreement with house for consumption. (4) promote the negotiation of trade agree- the United States; and ments that cover substantially all trade be- (3) describes a plan for negotiating and SEC. 202. AUTHORITY TO DESIGNATE CERTAIN tween parties to such agreements and, if COTTON ARTICLES AS ELIGIBLE AR- concluding such agreements, which includes TICLES ONLY FOR LEAST-DEVEL- other countries seek to negotiate trade the elements described in subparagraphs (A) agreements that do not cover substantially OPED BENEFICIARY DEVELOPING through (E) of section 116(b)(2) of the African COUNTRIES UNDER GENERALIZED all trade, continue to object in all appro- Growth and Opportunity Act. SYSTEM OF PREFERENCES. priate forums. (c) TERMINATION.—The reporting require- SEC. 109. AGRICULTURAL TECHNICAL ASSIST- Section 503(b) of the Trade Act of 1974 (19 ments of this section shall cease to have any U.S.C. 2463(b)) is amended by adding at the ANCE FOR SUB-SAHARAN AFRICA. force or effect after September 30, 2025. Section 13 of the AGOA Acceleration Act end the following: of 2004 (19 U.S.C. 3701 note) is amended— SEC. 111. TECHNICAL AMENDMENTS. ‘‘(5) CERTAIN COTTON ARTICLES.—Notwith- Section 104 of the African Growth and Op- (1) in subsection (a)— standing paragraph (3), the President may portunity Act (19 U.S.C. 3703), as amended by (A) by striking ‘‘shall identify not fewer designate as an eligible article or articles section 106, is further amended— than 10 eligible sub-Saharan African coun- under subsection (a)(1)(B) only for countries (1) in subsection (a), by striking ‘‘(a) IN tries as having the greatest’’ and inserting ‘‘, designated as least-developed beneficiary de- GENERAL.—’’; and through the Secretary of Agriculture, shall veloping countries under section 502(a)(2) (2) by striking subsection (b). identify eligible sub-Saharan African coun- cotton articles classifiable under subheading tries that have’’; and SEC. 112. DEFINITIONS. 5201.00.18, 5201.00.28, 5201.00.38, 5202.99.30, or (B) by striking ‘‘and complying with sani- In this title: 5203.00.30 of the Harmonized Tariff Schedule tary and phytosanitary rules of the United (1) BENEFICIARY SUB-SAHARAN AFRICAN of the United States.’’. States’’ and inserting ‘‘, complying with san- COUNTRY.—The term ‘‘beneficiary sub-Saha- ran African country’’ means a beneficiary SEC. 203. APPLICATION OF COMPETITIVE NEED itary and phytosanitary rules of the United LIMITATION AND WAIVER UNDER States, and developing food safety stand- sub-Saharan African country described in GENERALIZED SYSTEM OF PREF- ards’’; subsection (e) of section 506A of the Trade ERENCES WITH RESPECT TO ARTI- (2) in subsection (b)— Act of 1974 (as redesignated by this Act). CLES OF BENEFICIARY DEVELOPING (A) by striking ‘‘20’’ and inserting ‘‘30’’; (2) SUB-SAHARAN AFRICAN COUNTRY.—The COUNTRIES EXPORTED TO THE term ‘‘sub-Saharan African country’’ has the UNITED STATES DURING CALENDAR and YEAR 2014. (B) by inserting after ‘‘from those coun- meaning given the term in section 107 of the tries’’ the following: ‘‘, particularly from African Growth and Opportunity Act. (a) IN GENERAL.—For purposes of applying businesses and sectors that engage women TITLE II—EXTENSION OF GENERALIZED and administering subsections (c)(2) and (d) farmers and entrepreneurs,’’; and SYSTEM OF PREFERENCES of section 503 of the Trade Act of 1974 (19 (3) by adding at the end the following: SEC. 201. EXTENSION OF GENERALIZED SYSTEM U.S.C. 2463) with respect to an article de- ‘‘(c) COORDINATION.—The President shall OF PREFERENCES. scribed in subsection (b) of this section, sub- take such measures as are necessary to en- (a) IN GENERAL.—Section 505 of the Trade sections (c)(2) and (d) of section 503 of such sure adequate coordination of similar activi- Act of 1974 (19 U.S.C. 2465) is amended by Act shall be applied and administered by ties of agencies of the United States Govern- striking ‘‘July 31, 2013’’ and inserting ‘‘De- substituting ‘‘October 1’’ for ‘‘July 1’’ each ment relating to agricultural technical as- cember 31, 2017’’. place such date appears. sistance for sub-Saharan Africa.’’. (b) EFFECTIVE DATE.— (b) ARTICLE DESCRIBED.—An article de- SEC. 110. REPORTS. (1) IN GENERAL.—The amendment made by scribed in this subsection is an article of a (a) IMPLEMENTATION REPORT.— subsection (a) shall apply to articles entered beneficiary developing country that is des- (1) IN GENERAL.—Not later than 1 year after on or after the 30th day after the date of the ignated by the President as an eligible arti- the date of the enactment of this Act, and bi- enactment of this Act. cle under subsection (a) of section 503 of the ennially thereafter, the President shall sub- (2) RETROACTIVE APPLICATION FOR CERTAIN Trade Act of 1974 (19 U.S.C. 2463) and with re- mit to Congress a report on the trade and in- LIQUIDATIONS AND RELIQUIDATIONS.— spect to which a determination described in vestment relationship between the United (A) IN GENERAL.—Notwithstanding section subsection (c)(2)(A) of such section was made States and sub-Saharan African countries 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or with respect to exports (directly or indi- and on the implementation of this title and any other provision of law and subject to rectly) to the United States of such eligible the amendments made by this title. subparagraph (B), any entry of a covered ar- article during calendar year 2014 by the bene- (2) MATTERS TO BE INCLUDED.—The report ticle to which duty-free treatment or other ficiary developing country. required by paragraph (1) shall include the preferential treatment under title V of the following: Trade Act of 1974 (19 U.S.C. 2461 et seq.) SEC. 204. TRAVEL GOODS. (A) A description of the status of trade and would have applied if the entry had been Section 503(b)(1)(E) of the Trade Act of 1974 investment between the United States and made on July 31, 2013, that was made— (19 U.S.C. 2463(b)(1)(E)) is amended by strik- sub-Saharan Africa, including information (i) after July 31, 2013, and ing ‘‘handbags, luggage, flat goods,’’.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.018 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2855 TITLE III—EXTENSION OF PREFERENTIAL tightening at the ankle for trousers and ‘‘(viii) The term ‘weatherproof closure’ DUTY TREATMENT PROGRAM FOR HAITI tightening around the waist or bottom hem means a closure (including, but not limited SEC. 301. EXTENSION OF PREFERENTIAL DUTY for jackets. to, laminated or coated zippers, storm flaps, TREATMENT PROGRAM FOR HAITI. ‘‘(iv) Venting, not including grommet(s). or other weatherproof construction) that has Section 213A of the Caribbean Basin Eco- ‘‘(v) Articulated elbows or knees. been reinforced or engineered in a manner to nomic Recovery Act (19 U.S.C. 2703a) is ‘‘(vi) Reinforcement in one of the following reduce the penetration or absorption of amended as follows: areas: the elbows, shoulders, seat, knees, an- moisture or air through an opening in the (1) Subsection (b) is amended as follows: kles, or cuffs. garment. (A) Paragraph (1) is amended— ‘‘(vii) Weatherproof closure at the waist or ‘‘(ix) The term ‘multi-adjustable hood or (i) in subparagraph (B)(v)(I), by amending front. adjustable collar’ means, in the case of a item (cc) to read as follows: ‘‘(viii) Multi-adjustable hood or adjustable hood, a hood into which is incorporated two ‘‘(cc) 60 percent or more during the 1-year collar. or more draw cords, adjustment tabs, or period beginning on December 20, 2017, and ‘‘(ix) Adjustable powder skirt, inner pro- elastics, or, in the case of a collar, a collar each of the 7 succeeding 1-year periods.’’; and tective skirt, or adjustable inner protective into which is incorporated at least one draw (ii) in subparagraph (C)— cuff at sleeve hem. cord, adjustment tab, elastic, or similar (I) in the table, by striking ‘‘succeeding 11 ‘‘(x) Construction at the arm gusset that component, to allow volume adjustments 1-year periods’’ and inserting ‘‘16 succeeding utilizes fabric, design, or patterning to allow around a helmet, or the crown of the head, 1-year periods’’; and radial arm movement. neck, or face. (II) by striking ‘‘December 19, 2018’’ and in- ‘‘(xi) Odor control technology. ‘‘(x) The terms ‘adjustable powder skirt’ serting ‘‘December 19, 2025’’. and ‘inner protective skirt’ refer to a partial (B) Paragraph (2) is amended— The term ‘recreational performance outer- lower inner lining with means of tightening (i) in subparagraph (A)(ii), by striking ‘‘11 wear’ does not include occupational outer- around the waist for additional protection succeeding 1-year periods’’ and inserting ‘‘16 wear. from the elements. succeeding 1-year periods’’; and ‘‘(b) For purposes of this Note, the fol- ‘‘(xi) The term ‘arm gusset’ means con- (ii) in subparagraph (B)(iii), by striking ‘‘11 lowing terms have the following meanings: struction at the arm of a gusset that utilizes succeeding 1-year periods’’ and inserting ‘‘16 ‘‘(i) The term ‘treated with plastics’ refers an extra fabric piece in the underarm, usu- succeeding 1-year periods’’. to textile fabrics impregnated, coated, cov- ally diamond- or triangular-shaped, de- (2) Subsection (h) is amended by striking ered, or laminated with plastics, as described signed, or patterned to allow radial arm ‘‘September 30, 2020’’ and inserting ‘‘Sep- in Note 2 to chapter 59. movement. tember 30, 2025’’. ‘‘(ii) The term ‘sealed seams’ means seams ‘‘(xii) The term ‘radial arm movement’ re- TITLE IV—TARIFF CLASSIFICATION OF that have been covered by means of taping, fers to unrestricted, 180-degree range of mo- CERTAIN ARTICLES gluing, bonding, cementing, fusing, welding, tion for the arm while wearing performance outerwear. SEC. 401. TARIFF CLASSIFICATION OF REC- or a similar process so that water cannot REATIONAL PERFORMANCE OUTER- pass through the seams when tested in ac- ‘‘(xiii) The term ‘odor control technology’ WEAR. cordance with the current version of AATCC means the incorporation into a fabric or gar- (a) AMENDMENTS TO ADDITIONAL U.S. Test Method 35. ment of materials, including, but not limited NOTES.—The Additional U.S. Notes to chap- ‘‘(iii) The term ‘critically sealed seams’ to, activated carbon, silver, copper, or any ter 62 of the Harmonized Tariff Schedule of means— combination thereof, capable of adsorbing, the United States are amended— ‘‘(A) for jackets, windbreakers, and similar absorbing, or reacting with human odors, or (1) in Additional U.S. Note 2— articles (including padded, sleeveless jack- effective in reducing the growth of odor- (A) by striking ‘‘For the purposes of sub- ets), sealed seams that are sealed at the causing bacteria. headings’’ and all that follows through front and back yokes, or at the shoulders, ‘‘(xiv) The term ‘occupational outerwear’ ‘‘6211.20.15’’ and inserting ‘‘For purposes of arm holes, or both, where applicable; and means outerwear garments, including uni- this chapter’’; ‘‘(B) for trousers, overalls and bib overalls forms, designed or marketed for use in the (B) by striking ‘‘garments classifiable in and similar articles, sealed seams that are workplace or at a worksite to provide dura- those subheadings’’ and inserting ‘‘a gar- sealed at the front (up to the zipper or other ble protection from cold or inclement weath- ment’’; and means of closure) and back rise. er and/or workplace hazards, such as fire, (C) by striking ‘‘D 3600-81’’ and inserting ‘‘(iv) The term ‘insulation for cold weather electrical, abrasion, or chemical hazards, or ‘‘D 3779–81’’; and protection’ means insulation with either impacts, cuts, punctures, or similar hazards. (2) by adding at the end the following new synthetic fill, down, a laminated thermal ‘‘(c) Notwithstanding subdivision (b)(i) of notes: backing, or other lining for thermal protec- this Note, for purposes of this chapter, Notes ‘‘3. (a) For purposes of this chapter, the tion from cold weather. 1 and 2(a)(1) to chapter 59 and Note 1(c) to term ‘recreational performance outerwear’ ‘‘(v) The term ‘venting’ refers to closeable chapter 60 shall be disregarded in classifying means trousers (including, but not limited or permanent constructed openings in a gar- goods as ‘recreational performance outer- to, paddling pants, ski or snowboard pants, ment (excluding front, primary zipper clo- wear’. and ski or snowboard pants intended for sale sures and grommet(s)) to allow increased ex- ‘‘(d) For purposes of this chapter, the im- as parts of ski-suits), coveralls and bib over- pulsion of built-up heat during outdoor ac- porter of record shall maintain internal im- alls, and jackets (including, but not limited tivities. In a jacket, such openings are often port records that specify upon entry whether to, full zip jackets, paddling jackets, ski positioned on the underarm seam of a gar- garments claimed as recreational perform- jackets, and ski jackets intended for sale as ment but may also be placed along other ance outerwear have an outer surface that is parts of ski-suits), windbreakers, and similar seams in the front or back of a garment. In water resistant, treated with plastics, or a articles (including padded, sleeveless jack- trousers, such openings are often positioned combination thereof, and shall further enu- ets) composed of fabrics of cotton, wool, on the inner or outer leg seams of a garment merate the specific features that make the hemp, bamboo, silk, or manmade fiber, or a but may also be placed along other seams in garments eligible to be classified as rec- combination of such fibers, that are either the front or back of a garment. reational performance outerwear.’’. water resistant or treated with plastics, or ‘‘(vi) The term ‘articulated elbows or (b) TARIFF CLASSIFICATIONS.—Chapter 62 of both, with critically sealed seams, and with knees’ refers to the construction of a sleeve the Harmonized Tariff Schedule of the 5 or more of the following features: (or pant leg) to allow improved mobility at United States is amended as follows: ‘‘(i) Insulation for cold weather protection. the elbow (or knee) through the use of extra (1) By striking subheading 6201.11.00 and in- ‘‘(ii) Pockets, at least one of which has a seams, darts, gussets, or other means. serting the following, with the article de- zippered, hook and loop, or other type of clo- ‘‘(vii) The term ‘reinforcement’ refers to scription for subheading 6201.11 having the sure. the use of a double layer of fabric or sec- same degree of indentation as the article de- ‘‘(iii) Elastic, drawcord, or other means of tion(s) of fabric that is abrasion-resistant or scription for subheading 6201.11.00 (as in ef- tightening around the waist or leg hems, in- otherwise more durable than the face fabric fect on the day before the date of the enact- cluding hidden leg sleeves with a means of of the garment. ment of this Act):

‘‘ 6201.11 Of wool or fine animal hair: 6201.11.05 Recreational performance outerwear ...... 41¢/kg + Free (BH, 52.9¢/kg + 58.5% 16.3% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (OM)

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6201.11.10 Other ...... 41¢/kg + Free (BH, 16.3% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (OM) 52.9¢/kg + 58.5% ’’.

(2) By striking subheadings 6201.12.10 and 6201.12.05 having the same degree of indenta- 6201.12.10 (as in effect on the day before the 6201.12.20 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6201.12.05 Recreational performance outerwear ...... 9.4% Free (BH, 60% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.12.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 6201.12.20 Other ...... 9.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’. (3) By striking subheadings 6201.13.10 heading 6201.13.05 having the same degree of subheading 6201.13.10 (as in effect on the day through 6201.13.40 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6201.13.05 Recreational performance outerwear ...... 27.7% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.13.10 Containing 15 percent or more by weight of down and waterfowl plum- age and of which down comprises 35 percent or more by weight; con- taining 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6201.13.30 Containing 36 percent or more by weight of wool or fine animal hair ... 49.7¢/kg + Free (BH, 52.9¢/kg + 58.5% 19.7% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6201.13.40 Other ...... 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’. (4) By striking subheadings 6201.19.10 and 6201.19.05 having the same degree of indenta- 6201.19.10 (as in effect on the day before the 6201.19.90 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

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‘‘ 6201.19.05 Recreational performance outerwear ...... 2.8% Free (AU, 35% BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) Other: 6201.19.10 Containing 70 percent or more by weight of silk or silk waste ...... Free 35% 6201.19.90 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% ’’. (5) By striking subheadings 6201.91.10 and 6201.91.05 having the same degree of indenta- 6201.91.10 (as in effect on the day before the 6201.91.20 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6201.91.05 Recreational performance outerwear ...... 49.7¢/kg + Free (BH, 58.5% 19.7% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 19.8¢/kg + 7.8% (OM) Other: 6201.91.10 Padded, sleeveless jackets ...... 8.5% Free (BH, 58.5% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 7.6% (AU) 3.4% (OM) 6201.91.20 Other ...... 49.7¢/kg + Free (BH, 19.7% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 19.8¢/kg + 7.8% (OM) 52.9¢/kg + 58.5% ’’. (6) By striking subheadings 6201.92.10 heading 6201.92.05 having the same degree of subheading 6201.92.10 (as in effect on the day through 6201.92.20 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6201.92.05 Recreational performance outerwear ...... 9.4% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.92.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6201.92.15 Water resistant...... 6.2% Free (BH, 37.5% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5.5% (AU)

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6201.92.20 Other ...... 9.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’.

(7) By striking subheadings 6201.93.10 heading 6201.93.05 having the same degree of subheading 6201.93.10 (as in effect on the day through 6201.93.35 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6201.93.05 Recreational performance outerwear ...... 27.7% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.93.10 Containing 15 percent or more by weight of down and waterfowl plum- age and of which down comprises 35 percent or more by weight; con- taining 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6201.93.20 Padded, sleeveless jackets ...... 14.9% Free (BH, 76% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.93.25 Containing 36 percent or more by weight of wool or fine animal hair 49.5¢/kg + Free (BH, 52.9¢/kg + 58.5% 19.6% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.93.30 Water resistant ...... 7.1% Free (BH, 65% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6201.93.35 Other ...... 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’. (8) By striking subheadings 6201.99.10 and 6201.99.05 having the same degree of indenta- 6201.99.10 (as in effect on the day before the 6201.99.90 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6201.99.05 Recreational performance outerwear 4.2% Free (BH, 35% CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.7% (AU) Other: 6201.99.10 Containing 70 percent or more by weight of silk or silk waste ...... Free 35%

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6201.99.90 Other ...... 4.2% Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.7% (AU) 35% ’’.

(9) By striking subheading 6202.11.00 and in- same degree of indentation as the article de- fect on the day before the date of the enact- serting the following, with the article de- scription for subheading 6202.11.00 (as in ef- ment of this Act): scription for subheading 6202.11 having the

‘‘ 6202.11 Of wool or fine animal hair: 6202.11.05 Recreational performance outerwear ...... 41¢/kg + Free (BH, 46.3¢/kg + 58.5% 16.3% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (OM) 6202.11.10 Other ...... 41¢/kg + Free (BH, 16.3% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (OM) 46.3¢/kg + 58.5% ’’. (10) By striking subheadings 6202.12.10 and 6202.12.05 having the same degree of indenta- 6202.12.10 (as in effect on the day before the 6202.12.20 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6202.12.05 Recreational performance outerwear ...... 8.9% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6202.12.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 6202.12.20 Other ...... 8.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’. (11) By striking subheadings 6202.13.10 heading 6202.13.05 having the same degree of subheading 6202.13.10 (as in effect on the day through 6202.13.40 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6202.13.05 Recreational performance outerwear ...... 27.7% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other:

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6202.13.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6202.13.30 Containing 36 percent or more by weight of wool or fine animal hair ...... 43.5¢/kg + Free (BH, 46.3¢/kg + 19.7% CA, CL, CO, 58.5% IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6202.13.40 Other ...... 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’

(12) By striking subheadings 6202.19.10 and 6202.19.05 having the same degree of indenta- 6202.19.10 (as in effect on the day before the 6202.19.90 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6202.19.05 Recreational performance outerwear ...... 2.8% Free (AU, 35% BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) Other: 6202.19.10 Containing 70 percent or more by weight or silk or silk waste ...... Free 35% 6202.19.90 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% ’’. (13) By striking subheadings 6202.91.10 and 6202.91.05 having the same degree of indenta- 6202.91.10 (as in effect on the day before the 6202.91.20 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6202.91.05 Recreational performance outerwear ...... 36¢/kg + Free (BH, 58.5% 16.3% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 14.4¢/kg + 6.5% (OM) Other: 6202.91.10 Padded, sleeveless jackets ...... 14% Free (BH, 58.5% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 5.6% (OM) 6202.91.20 Other ...... 36¢/kg + Free (BH, 16.3% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 14.4¢/kg + 6.5% (OM) 46.3¢/kg + 58.5% ’’. (14) By striking subheadings 6202.92.10 heading 6202.92.05 having the same degree of subheading 6202.92.10 (as in effect on the day through 6202.92.20 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

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‘‘ 6202.92.05 Recreational performance outerwear ...... 8.9% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6202.92.10 Containing 15 percent or more by weight of down and waterfowl plum- age and of which down comprises 35 percent or more by weight; con- taining 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6202.92.15 Water resistant ...... 6.2% Free (BH, 37.5% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5.5% (AU) 6202.92.20 Other ...... 8.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’. (15) By striking subheadings 6202.93.10 heading 6202.93.05 having the same degree of subheading 6202.93.10 (as in effect on the day through 6202.93.50 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6202.93.05 Recreational performance outerwear ...... 27.7% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6202.93.10 Containing 15 percent or more by weight of down and waterfowl plum- age and of which down comprises 35 percent or more by weight; con- taining 10 percent or more by weight of down ...... 4.4% Free (BH, 60% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6202.93.20 Padded, sleeveless jackets ...... 14.9% Free (BH, 76% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6202.93.40 Containing 36 percent or more by weight of wool or fine animal hair 43.4¢/kg + Free (BH, 46.3¢/kg + 58.5% 19.7% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6202.93.45 Water resistant ...... 7.1% Free (BH, 65% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU)

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6202.93.50 Other ...... 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’.

(16) By striking subheadings 6202.99.10 and 6202.99.05 having the same degree of indenta- 6202.99.10 (as in effect on the day before the 6202.99.90 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6202.99.05 Recreational performance outerwear ...... 2.8% Free (AU, 35% BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) Other: 6202.99.10 Containing 70 percent or more by weight of silk or silk waste ...... Free 35% 6202.99.90 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% ’’. (17) By striking subheadings 6203.41 and lowing, with the article description for sub- heading 6203.41 (as in effect on the day before 6203.41.05, and the superior text to sub- heading 6203.41 having the same degree of in- the date of the enactment of this Act): heading 6203.41.05, and inserting the fol- dentation as the article description for sub-

‘‘ 6203.41 Of wool or fine animal hair: 6203.41.05 Recreational performance outerwear ...... 41.9¢/kg + Free (BH, 52.9¢/kg + 58.5% 16.3% CA, CL, CO,IL, JO,KR, MA,MX, P, PA, PE, SG) 8% (AU) 16.7¢/kg + 6.5% (OM) Trousers, breeches and shorts: 6203.41.10 Trousers and breeches, containing elastomeric fiber, water resistant, without belt loops, weighing more than 9 kg per dozen ...... 7.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 6.8% (AU) 3% (OM) 52.9¢/kg + 58.5% ’’. (18) By striking subheadings 6203.42.10 heading 6203.42.05 having the same degree of subheading 6203.42.10 (as in effect on the day through 6203.42.40 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6203.42.05 Recreational performance outerwear ...... 16.6% Free (BH, 90% CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR) Other: 6203.42.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... Free 60% Other: 6203.42.20 Bib and brace overalls ...... 10.3% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)

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6203.42.40 Other ...... 16.6% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR) 90% ’’.

(19) By striking subheadings 6203.43.10 heading 6203.43.05 having the same degree of subheading 6203.43.10 (as in effect on the day through 6203.43.40 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6203.43.05 Recreational performance outerwear ...... 27.9% Free (BH, 90% CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.1% (KR) Other: 6203.43.10 Containing 15 percent or more by weight of down and waterfowl plum- age and of which down comprises 35 percent or more by weight; con- taining 10 percent or more by weight of down ...... Free 60% Other: Bib and brace overalls: 6203.43.15 Water resistant ...... 7.1% Free (BH, 65% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6203.43.20 Other ...... 14.9% Free (BH, 76% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6203.43.25 Certified hand-loomed and folklore products ...... 12.2% Free (BH, 76% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6203.43.30 Containing 36 percent or more by weight of wool or fine animal hair ...... 49.6¢/kg + Free (BH, 52.9¢/kg + 58.5% 19.7% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6203.43.35 Water resistant trousers or breeches ...... 7.1% Free (BH, 65% CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 2.8% (KR) 6203.43.40 Other ...... 27.9% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.1% (KR) 90% ’’. (20) By striking subheadings 6203.49 heading 6203.49 having the same degree of in- heading 6203.49 (as in effect on the day before through 6203.49.80 and inserting the fol- dentation as the article description for sub- the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6203.49 Of other textile materials:

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6203.49.05 Recreational performance outerwear ...... 2.8% Free (AU, 35% BH, CA, CL, CO, E*, IL, JO, MA, MX, OM, P, PA, PE, SG) 1.1% (KR) Other: Of artificial fibers: 6203.49.10 Bib and brace overalls ...... 8.5% Free (BH, 76% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.6% (AU) Trousers, breeches and shorts: 6203.49.15 Certified hand-loomed and folklore products ...... 12.2% Free (BH, 76% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6203.49.20 Other ...... 27.9% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6203.49.40 Containing 70 percent or more by weight of silk or silk waste ...... Free 35% 6203.49.80 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, MA, MX, OM, P, PA, PE, SG) 1.1% (KR) 35% ’’.

(21) By striking subheadings 6204.61.10 and 6204.61.05 having the same degree of indenta- 6204.61.10 (as in effect on the day before the 6204.61.90 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6204.61.05 Recreational performance outerwear ...... 13.6% Free (BH, 58.5% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 5.4% (OM) 8% (AU) Other: 6204.61.10 Trousers and breeches, containing elastomeric fiber, water resistant, with- out belt loops, weighing more than 6 kg per dozen ...... 7.6% Free (BH, 58.5% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 3% (OM) 6.8% (AU) 6204.61.90 Other ...... 13.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 5.4% (OM) 8% (AU) 58.5% ’’. (22) By striking subheadings 6204.62.10 heading 6204.62.05 having the same degree of subheading 6204.62.10 (as in effect on the day through 6204.62.40 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

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‘‘ 6204.62.05 Recreational performance outerwear ...... 16.6% Free (BH, 90% CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR) Other: 6204.62.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... Free 60% Other: 6204.62.20 Bib and brace overalls ...... 8.9% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6204.62.30 Certified hand-loomed and folklore products ...... 7.1% Free (BH, 37.5% CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6204.62.40 Other ...... 16.6% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR) 90% ’’. (23) By striking subheadings 6204.63.10 heading 6204.63.05 having the same degree of subheading 6204.63.10 (as in effect on the day through 6204.63.35 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6204.63.05 Recreational performance outerwear ...... 28.6% Free (BH, 90% CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.4% (KR) Other: 6204.63.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... Free 60% Other: Bib and brace overalls: 6204.63.12 Water resistant ...... 7.1% Free (BH, 65% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6204.63.15 Other ...... 14.9% Free (BH, 76% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6204.63.20 Certified hand-loomed and folklore products ...... 11.3% Free (BH, 76% CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other:

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6204.63.25 Containing 36 percent or more by weight of wool or fine animal hair ...... 13.6% Free (BH, 58.5% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6204.63.30 Water resistant trousers or breeches ...... 7.1% Free (BH, 65% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6204.63.35 Other ...... 28.6% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.4% (KR) 90% ’’.

(24) By striking subheadings 6204.69 heading 6204.69 having the same degree of in- heading 6204.69 (as in effect on the day before through 6204.69.90 and inserting the fol- dentation as the article description for sub- the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6204.69 Of other textile materials: 6204.69.05 Recreational performance outerwear ...... 2.8% Free (AU, 35% BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) Other: Of artificial fibers: 6204.69.10 Bib and brace overalls ...... 13.6% Free (BH, 76% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Trousers, breeches and shorts: 6204.69.20 Containing 36 percent or more by weight of wool or fine animal hair ... 13.6% Free (BH, 58.5% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6204.69.25 Other ...... 28.6% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Of silk or silk waste: 6204.69.40 Containing 70 percent or more by weight of silk or silk waste ...... 1.1% Free (AU, 65% BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG) 6204.69.60 Other ...... 7.1% Free (BH, 65% CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU)

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6204.69.90 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% ’’.

(25) By striking subheadings 6210.40.30 and 6210.40.05 having the same degree of indenta- 6210.40.30 (as in effect on the day before the 6210.40.50 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6210.40.05 Recreational performance outerwear 7.1% Free (AU, 65% BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG) Other: 6210.40.30 Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric 3.8% Free (AU, 65% BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG) 6210.40.50 Other ...... 7.1% Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG) 65% ’’. (26) By striking subheadings 6210.50.30 and 6210.50.05 having the same degree of indenta- 6210.50.30 (as in effect on the day before the 6210.50.50 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6210.50.05 Recreational performance outerwear 7.1% Free (AU, 65% BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PE, SG) Other: 6210.50.30 Having an outer surface impreg- nated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric 3.8% Free (AU, 65% BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PE, SG) 6210.50.50 Other ...... 7.1% Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PE, SG) 65% ’’. (27) By striking subheading 6211.32.00 and same degree of indentation as the article de- fect on the day before the date of the enact- inserting the following, with the article de- scription for subheading 6211.32.00 (as in ef- ment of this Act): scription for subheading 6211.32 having the

‘‘ 6211.32 Of cotton: 6211.32.05 Recreational performance outerwear ...... 8.1% Free (AU, 90% BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6211.32.10 Other ...... 8.1% Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 90% ’’. (28) By striking subheading 6211.33.00 and same degree of indentation as the article de- fect on the day before the date of the enact- inserting the following, with the article de- scription for subheading 6211.33.00 (as in ef- ment of this Act): scription for subheading 6211.33 having the

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‘‘ 6211.33 Of man-made fibers: 6211.33.05 Recreational performance outerwear ...... 16% Free (AU, 76% BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 6.4% (OM) 6211.33.10 Other ...... 16% Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 6.4% (OM) 76% ’’. (29) By striking subheadings 6211.39.05 heading 6211.39.05 having the same degree of subheading 6211.39.05 (as in effect on the day through 6211.39.90 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6211.39.05 Recreational performance outerwear ...... 2.8% Free (AU, 35% BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) Other: ...... 6211.39.10 Of wool or fine animal hair ...... 12% Free (AU, 58.5% BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 4.8% (OM) 6211.39.20 Containing 70 percent or more by weight of silk or silk waste ...... 0.5% Free (AU, 35% BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6211.39.90 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% ’’. (30) By striking subheading 6211.42.00 and same degree of indentation as the article de- fect on the day before the date of the enact- inserting the following, with the article de- scription for subheading 6211.42.00 (as in ef- ment of this Act): scription for subheading 6211.42 having the

‘‘ 6211.42 Of cotton: 6211.42.05 Recreational performance outerwear ...... 8.1% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.2% (AU) 6211.42.10 Other ...... 8.1% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.2% (AU) 90% ’’. (31) By striking subheading 6211.43.00 and same degree of indentation as the article de- fect on the day before the date of the enact- inserting the following, with the article de- scription for subheading 6211.43.00 (as in ef- ment of this Act): scription for subheading 6211.43 having the

‘‘ 6211.43 Of man-made fibers:

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6211.43.05 Recreational performance outerwear ...... 16% Free (BH, 90% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 6.4% (OM) 6211.43.10 Other ...... 16% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 6.4% (OM) 90% ’’.

(32) By striking subheadings 6211.49.10 heading 6211.49.05 having the same degree of subheading 6211.49.10 (as in effect on the day through 6211.49.90 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6211.49.05 Recreational performance outerwear ...... 7.3% Free (BH, 35% CA, CL, CO, E, IL, JO, MA, MX, OM, P, PA, PE, SG) 6.5% (AU) 2.9% (KR) Other: 6211.49.10 Containing 70 percent or more by weight of silk or silk waste ...... 1.2% Free (AU, 35% BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6211.49.41 Of wool or fine animal hair ...... 12% Free (BH, 58.5% CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 4.8% (OM) 8% (AU) 6211.49.90 Other ...... 7.3% Free (BH, CA, CL, CO, E, IL, JO, MA, MX, OM, P, PA, PE, SG) 6.5% (AU) 2.9% (KR) 35% ’’. SEC. 402. DUTY TREATMENT OF SPECIALIZED footwear (other than footwear described in (b) DUTY TREATMENT FOR SPECIALIZED ATH- ATHLETIC FOOTWEAR. Subheading Note 1 or Additional U.S. Note 2) LETIC FOOTWEAR.—Chapter 64 of the Har- (a) DEFINITION OF SPECIALIZED ATHLETIC that is designed to be worn chiefly for sports monized Tariff Schedule of the United States FOOTWEAR.—The Additional U.S. Notes to or athletic purposes, hiking shoes, trekking is amended as follows: chapter 64 of the Harmonized Tariff Schedule shoes, and trail running shoes, the foregoing (1) By inserting after subheading 6402.91.40 of the United States are amended by adding valued over $24/pair and which provides pro- the following new subheading, with the arti- at the end the following: tection against water that is imparted by cle description for subheading 6402.91.42 hav- ‘‘6. For the purposes of this chapter, the the use of a coated or laminated textile fab- ing the same degree of indentation as the ar- term ‘specialized athletic footwear’ includes ric.’’. ticle description for subheading 6402.91.40:

‘‘ 6402.91.42 Specialized athletic footwear (except footwear with waterproof molded bot- toms, including bottoms comprising an outer sole and all or part of the upper and except footwear with insulation that provides protection against cold weather), whose height from the bottom of the outer sole to the top of the upper does not exceed 15.34 cm ...... 20% Free (AU, BH, CA, CL, D, E, IL, JO, KR, MA, MX, OM, P, PA, PE, R, SG) ...... 35% ’’. (2) By inserting immediately preceding heading, with the article description for sub- indentation as the article description for subheading 6402.99.33 the following new sub- heading 6402.99.32 having the same degree of subheading 6402.99.33:

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‘‘ 6402.99.32 Specialized athletic footwear ...... 20% Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P) 1% (PA) 6% (OM) 6% (PE) 12% (CO) 20% (KR) 35% ’’. (c) STAGED RATE REDUCTIONS.—The staged (A) by striking ‘‘which involves the pay- ‘‘(2) TIME AND FORM OF STATEMENT.—The reductions in special rates of duty pro- ment of $10 or more of interest’’, and written statement under paragraph (1)— claimed for subheading 6402.99.90 of the Har- (B) by striking ‘‘IN THE CASE OF TRANS- ‘‘(A) shall be furnished at a time and in a monized Tariff Schedule of the United States ACTIONS INVOLVING $10 OR MORE’’ in the head- manner similar to the time and manner that before the date of the enactment of this Act ing. statements are required to be filed under sec- shall be applied to subheading 6402.99.32 of (3) EFFECTIVE DATE.—The amendments tion 6049(c)(2), and such Schedule, as added by subsection (b)(2), made by this subsection shall apply to re- ‘‘(B) shall be in such form as the Secretary beginning in calendar year 2016. turns filed after December 31, 2015. may prescribe by regulations. SEC. 403. EFFECTIVE DATE. (b) REPORTING OF NON-INTEREST BEARING ‘‘(d) PERSON.—For purposes of this section, This title and the amendments made by DEPOSITS.— the term ‘person’, when referring to the per- this title shall— (1) IN GENERAL.—Subpart B of part III of son for whom a deposit is held, includes any (1) take effect on the 15th day after the subchapter A of chapter 61 of the Internal governmental unit and any agency or instru- date of the enactment of this Act; and Revenue Code of 1986 is amended by inserting mentality thereof and any international or- (2) apply to articles entered, or withdrawn after section 6049 the following new section: ganization and any agency or instrumen- from warehouse for consumption, on or after ‘‘SEC. 6049A. RETURNS REGARDING NON-INTER- tality thereof.’’. such 15th day. EST BEARING DEPOSITS. (2) ASSESSABLE PENALTIES.— TITLE V—MISCELLANEOUS PROVISIONS ‘‘(a) REQUIREMENT OF REPORTING.—Every (A) FAILURE TO FILE RETURN.—Subpara- person who holds a reportable deposit during SEC. 501. REPORT ON CONTRIBUTION OF TRADE graph (B) of section 6724(d)(1) of such Code is PREFERENCE PROGRAMS TO RE- any calendar year shall make a return ac- amended by striking ‘‘or’’ at the end of DUCING POVERTY AND ELIMI- cording to the forms or regulations pre- clause (xxiv), by striking ‘‘and’’ at the end of NATING HUNGER. scribed by the Secretary, setting forth the clause (xxv) and inserting ‘‘or’’, and by in- Not later than one year after the date of name and address of the person for whom serting after clause (xxv) the following new such deposit was held. the enactment of this Act, the President clause: shall submit to Congress a report assessing ‘‘(b) REPORTABLE DEPOSIT.—For purposes of this section— ‘‘(xxvi) section 6049A(a) (relating to re- the contribution of the trade preference pro- turns regarding non-interest bearing depos- ‘‘(1) IN GENERAL.—The term ‘reportable de- grams of the United States, including the its), and’’. Generalized System of Preferences under posit’ means— (B) FAILURE TO FILE PAYEE STATEMENT.— title V of the Trade Act of 1974 (19 U.S.C. 2461 ‘‘(A) any amount on deposit with— ‘‘(i) a person carrying on a banking busi- Paragraph (2) of section 6724(d) of such Code et seq.), the African Growth and Opportunity is amended by striking ‘‘or’’ at the end of Act (19 U.S.C. 3701 et seq.), and the Caribbean ness, subparagraph (GG), by striking the period at Basin Economic Recovery Act (19 U.S.C. 2701 ‘‘(ii) a mutual savings bank, a savings and the end of subparagraph (HH) and inserting et seq.), to the reduction of poverty and the loan association, a building and loan associa- ‘‘, or’’, and by inserting after subparagraph elimination of hunger. tion, a cooperative bank, a homestead asso- (HH) the following new subparagraph: TITLE VI—OFFSETS ciation, a credit union, an industrial loan as- sociation or bank, or any similar organiza- ‘‘(II) section 6049A(c) (relating to returns SEC. 601. CUSTOMS USER FEES. tion, regarding non-interest bearing deposits).’’. (a) IN GENERAL.—Section 13031(j)(3)(A) of ‘‘(iii) a broker (as defined in section (3) CLERICAL AMENDMENT.—The table of the Consolidated Omnibus Budget Reconcili- 6045(c)), or section for subpart B of part III of sub- ation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is ‘‘(iv) any other person provided in regula- chapter A of chapter 61 of such Code is amended by striking ‘‘September 30, 2024’’ tions prescribed by the Secretary, or amended by inserting after the item relating and inserting ‘‘July 7, 2025’’. ‘‘(B) to the extent provided by the Sec- to section 6049 the following new item: (b) RATE FOR MERCHANDISE PROCESSING ‘‘Sec. 6049A. Returns regarding non-interest FEES.—Section 503 of the United States– retary in regulations, any amount held by an Korea Free Trade Agreement Implementa- insurance company, an investment company bearing deposits.’’. tion Act (Public Law 112–41; 125 Stat. 460) is (as defined in section 3 of the Investment (4) EFFECTIVE DATE.—The amendments amended by striking ‘‘June 30, 2021’’ and in- Company Act of 1940), or held in other pooled made by this subsection shall apply to re- serting ‘‘June 30, 2025’’. funds or trusts. turns filed after December 31, 2015. XCEPTIONS SEC. 602. TIME FOR PAYMENT OF CORPORATE ES- ‘‘(2) E .—Such term shall not in- TIMATED TAXES. clude— SA 1224. Mr. HATCH submitted an Notwithstanding section 6655 of the Inter- ‘‘(A) any amount with respect to which a amendment intended to be proposed by nal Revenue Code of 1986, in the case of a report is made under section 6049, him to the bill H.R. 644, to amend the corporation with assets of not less than ‘‘(B) any amount on deposit with or held by Internal Revenue Code of 1986 to per- $1,000,000,000 (determined as of the end of the a natural person, ‘‘(C) except to the extent provided in regu- manently extend and expand the chari- preceding taxable year)— table deduction for contributions of (1) the amount of any required installment lations, any amount— of corporate estimated tax which is other- ‘‘(i) held with respect to a person described food inventory; which was ordered to wise due in July, August, or September of in section 6049(b)(4), lie on the table; as follows: 2020 shall be increased by 5.25 percent of such ‘‘(ii) with respect to which section Strike all after the enacting clause and in- amount (determined without regard to any 6049(b)(5) would apply if a payment were sert the following: increase in such amount not contained in made with respect to such amount, or SECTION 1. SHORT TITLE; TABLE OF CONTENTS. such Code); and ‘‘(iii) on deposit with or held by a person (a) SHORT TITLE.—This Act may be cited as (2) the amount of the next required install- described in section 6049(b)(2)(C), or the ‘‘Trade Facilitation and Trade Enforce- ment after an installment referred to in ‘‘(D) any amount for which the Secretary ment Act of 2015’’. paragraph (1) shall be appropriately reduced determines there is already sufficient report- (b) TABLE OF CONTENTS.—The table of con- to reflect the amount of the increase by rea- ing. tents for this Act is as follows: son of such paragraph. ‘‘(c) STATEMENTS TO BE FURNISHED TO PER- SONS WITH RESPECT TO WHOM INFORMATION IS Sec. 1. Short title; table of contents. SEC. 603. IMPROVED INFORMATION REPORTING Sec. 2. Definitions. ON UNREPORTED AND UNDER- REQUIRED.— REPORTED FINANCIAL ACCOUNTS. ‘‘(1) IN GENERAL.—Every person required to TITLE I—TRADE FACILITATION AND (a) ELIMINATION OF MINIMUM INTEREST RE- make a return under subsection (a) shall fur- TRADE ENFORCEMENT QUIREMENT.— nish to each person whose name is required Sec. 101. Improving partnership programs. (1) IN GENERAL.—Section 6049(a) of the In- to be set forth in such return a written state- Sec. 102. Report on effectiveness of trade en- ternal Revenue Code of 1986 is amended by ment showing— forcement activities. striking ‘‘aggregating $10 or more’’ each ‘‘(A) the name, address, and phone number Sec. 103. Priorities and performance stand- place it appears. of the information contact of the person re- ards for customs moderniza- (2) CONFORMING AMENDMENTS.—Subpara- quired to make such return, and tion, trade facilitation, and graph (C) of section 6049(d)(5) of such Code is ‘‘(B) the reportable account with respect to trade enforcement functions amended— which such return was made. and programs.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0655 E:\CR\FM\A13MY6.018 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2871 Sec. 104. Educational seminars to improve TITLE VI—ADDITIONAL TRADE EN- Sec. 906. Drawback and refunds. efforts to classify and appraise FORCEMENT AND INTELLECTUAL Sec. 907. Inclusion of certain information in imported articles, to improve PROPERTY RIGHTS PROTECTION submission of nomination for trade enforcement efforts, and Subtitle A—Trade Enforcement appointment as Deputy United to otherwise facilitate legiti- Sec. 601. Trade enforcement priorities. States Trade Representative. Sec. 908. Biennial reports regarding com- mate international trade. Sec. 602. Exercise of WTO authorization to petitiveness issues facing the Sec. 105. Joint strategic plan. suspend concessions or other United States economy and Sec. 106. Automated Commercial Environ- obligations under trade agree- competitive conditions for cer- ment. ments. Sec. 107. International Trade Data System. Sec. 603. Trade monitoring. tain key United States indus- Sec. 108. Consultations with respect to mu- Sec. 604. Establishment of Interagency tries. tual recognition arrangements. Trade Enforcement Center. Sec. 909. Report on certain U.S. Customs Sec. 109. Commercial Customs Operations Sec. 605. Establishment of Chief Manufac- and Border Protection agree- Advisory Committee. turing Negotiator. ments. Sec. 110. Centers of Excellence and Exper- Sec. 606. Enforcement under title III of the Sec. 910. Charter flights. tise. Trade Act of 1974 with respect Sec. 911. Amendment to Tariff Act of 1930 to Sec. 111. Commercial Targeting Division and to certain acts, policies, and require country of origin mark- National Targeting and Anal- practices relating to the envi- ing of certain castings. Sec. 912. Elimination of consumptive de- ysis Groups. ronment. Sec. 112. Report on oversight of revenue pro- Sec. 607. Trade Enforcement Trust Fund. mand exception to prohibition tection and enforcement meas- Sec. 608. Honey transshipment. on importation of goods made ures. Sec. 609. Inclusion of interest in certain dis- with convict labor, forced Sec. 113. Report on security and revenue tributions of antidumping du- labor, or indentured labor; re- measures with respect to mer- ties and countervailing duties. port. chandise transported in bond. Sec. 610. Illicitly imported, exported, or Sec. 913. Improved collection and use of Sec. 114. Importer of record program. trafficked cultural property, ar- labor market information. Sec. 115. Establishment of new importer pro- chaeological or ethnological Sec. 914. Statements of policy with respect gram. materials, and fish, wildlife, to Israel. TITLE II—IMPORT HEALTH AND SAFETY and plants. TITLE X—OFFSETS Sec. 201. Interagency import safety working Subtitle B—Intellectual Property Rights Sec. 1001. Revocation or denial of passport group. Protection in case of certain unpaid taxes. Sec. 1002. Customs user fees. Sec. 202. Joint import safety rapid response Sec. 611. Establishment of Chief Innovation plan. and Intellectual Property Nego- SEC. 2. DEFINITIONS. Sec. 203. Training. tiator. In this Act: TITLE III—IMPORT-RELATED PROTEC- Sec. 612. Measures relating to countries that (1) AUTOMATED COMMERCIAL ENVIRON- TION OF INTELLECTUAL PROPERTY deny adequate protection for MENT.—The term ‘‘Automated Commercial RIGHTS intellectual property rights. Environment’’ means the Automated Com- Sec. 301. Definition of intellectual property mercial Environment computer system au- TITLE VII—CURRENCY MANIPULATION thorized under section 13031(f)(4) of the Con- rights. Subtitle A—Investigation of Currency Sec. 302. Exchange of information related to solidated Omnibus Budget Reconciliation Undervaluation trade enforcement. Act of 1985 (19 U.S.C. 58c(f)(4)). Sec. 303. Seizure of circumvention devices. Sec. 701. Short title. (2) COMMISSIONER.—The term ‘‘Commis- Sec. 304. Enforcement by U.S. Customs and Sec. 702. Investigation or review of currency sioner’’ means the Commissioner responsible Border Protection of works for undervaluation under counter- for U.S. Customs and Border Protection. which copyright registration is vailing duty law. (3) CUSTOMS AND TRADE LAWS OF THE UNITED pending. Sec. 703. Benefit calculation methodology STATES.—The term ‘‘customs and trade laws Sec. 305. National Intellectual Property with respect to currency under- of the United States’’ includes the following: Rights Coordination Center. valuation. (A) The Tariff Act of 1930 (19 U.S.C. 1202 et Sec. 306. Joint strategic plan for the en- Sec. 704. Modification of definition of speci- seq.). forcement of intellectual prop- ficity with respect to export (B) Section 249 of the Revised Statutes (19 erty rights. subsidy. U.S.C. 3). Sec. 307. Personnel dedicated to the enforce- Sec. 705. Application to Canada and Mexico. (C) Section 2 of the Act of March 4, 1923 (42 ment of intellectual property Sec. 706. Effective date. Stat. 1453, chapter 251; 19 U.S.C. 6). rights. Subtitle B—Engagement on Currency (D) The Act of March 3, 1927 (44 Stat. 1381, Sec. 308. Training with respect to the en- Exchange Rate and Economic Policies chapter 348; 19 U.S.C. 2071 et seq.). forcement of intellectual prop- Sec. 711. Enhancement of engagement on (E) Section 13031 of the Consolidated Omni- erty rights. currency exchange rate and bus Budget Reconciliation Act of 1985 (19 Sec. 309. International cooperation and in- economic policies with certain U.S.C. 58c). formation sharing. major trading partners of the (F) Section 251 of the Revised Statutes (19 Sec. 310. Report on intellectual property United States. U.S.C. 66). rights enforcement. Sec. 712. Advisory Committee on Inter- (G) Section 1 of the Act of June 26, 1930 (46 Sec. 311. Information for travelers regarding national Exchange Rate Policy. Stat. 817, chapter 617; 19 U.S.C. 68). violations of intellectual prop- TITLE VIII—PROCESS FOR CONSIDER- (H) The Foreign Trade Zones Act (19 U.S.C. erty rights. ATION OF TEMPORARY DUTY SUSPEN- 81a et seq.). TITLE IV—EVASION OF ANTIDUMPING SIONS AND REDUCTIONS (I) Section 1 of the Act of March 2, 1911 (36 AND COUNTERVAILING DUTY ORDERS Sec. 801. Short title. Stat. 965, chapter 191; 19 U.S.C. 198). Sec. 401. Short title. Sec. 802. Sense of Congress on the need for a (J) The Trade Act of 1974 (19 U.S.C. 2102 et Sec. 402. Procedures for investigating claims miscellaneous tariff bill. seq.). of evasion of antidumping and Sec. 803. Process for consideration of duty (K) The Trade Agreements Act of 1979 (19 countervailing duty orders. suspensions and reductions. U.S.C. 2501 et seq.). Sec. 403. Annual report on prevention and Sec. 804. Report on effects of duty suspen- (L) The North American Free Trade Agree- investigation of evasion of anti- sions and reductions on United ment Implementation Act (19 U.S.C. 3301 et dumping and countervailing States economy. seq.). duty orders. Sec. 805. Judicial review precluded. (M) The Uruguay Round Agreements Act TITLE V—AMENDMENTS TO ANTI- Sec. 806. Definitions. (19 U.S.C. 3501 et seq.). DUMPING AND COUNTERVAILING DUTY TITLE IX—MISCELLANEOUS PROVISIONS (N) The Caribbean Basin Economic Recov- LAWS Sec. 901. De minimis value. ery Act (19 U.S.C. 2701 et seq.). Sec. 501. Consequences of failure to cooper- Sec. 902. Consultation on trade and customs (O) The Andean Trade Preference Act (19 ate with a request for informa- revenue functions. U.S.C. 3201 et seq.). tion in a proceeding. Sec. 903. Penalties for customs brokers. (P) The African Growth and Opportunity Sec. 502. Definition of material injury. Sec. 904. Amendments to chapter 98 of the Act (19 U.S.C. 3701 et seq.). Sec. 503. Particular market situation. Harmonized Tariff Schedule of (Q) The Customs Enforcement Act of 1986 Sec. 504. Distortion of prices or costs. the United States. (Public Law 99–570; 100 Stat. 3207–79). Sec. 505. Reduction in burden on Depart- Sec. 905. Exemption from duty of residue of (R) The Customs and Trade Act of 1990 ment of Commerce by reducing bulk cargo contained in instru- (Public Law 101–382; 104 Stat. 629). the number of voluntary re- ments of international traffic (S) The Customs Procedural Reform and spondents. previously exported from the Simplification Act of 1978 (Public Law 95–410; Sec. 506. Application to Canada and Mexico. United States. 92 Stat. 888).

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2872 CONGRESSIONAL RECORD — SENATE May 13, 2015 (T) The Trade Act of 2002 (Public Law 107– support the objectives of such programs, in- available to participants in such programs; 210; 116 Stat. 933). crease participation in such programs, en- and (U) The Convention on Cultural Property hance the trade benefits provided to partici- (9) summarizes the plans, targets, and Implementation Act (19 U.S.C. 2601 et seq.). pants in such programs, and enhance the al- goals of U.S. Customs and Border Protection (V) The Act of March 28, 1928 (45 Stat. 374, location of the resources of U.S. Customs with respect to such programs for the 2 years chapter 266; 19 U.S.C. 2077 et seq.). and Border Protection; following the submission of the report. (W) The Act of August 7, 1939 (53 Stat. 1263, (4) coordinate with the Director of U.S. Im- SEC. 102. REPORT ON EFFECTIVENESS OF TRADE chapter 566). migration and Customs Enforcement, and ENFORCEMENT ACTIVITIES. (X) Any other provision of law imple- other Federal agencies with authority to de- (a) IN GENERAL.—Not later than one year menting a trade agreement. tain and release merchandise entering the after the date of the enactment of this Act, (Y) Any other provision of law vesting cus- United States— the Comptroller General of the United States toms revenue functions in the Secretary of (A) to ensure coordination in the release of shall submit to the Committee on Finance of the Treasury. such merchandise through the Automated the Senate and the Committee on Ways and (Z) Any other provision of law relating to Commercial Environment, or its predecessor, Means of the House of Representatives a re- trade facilitation or trade enforcement that and the International Trade Data System; port on the effectiveness of trade enforce- is administered by U.S. Customs and Border (B) to ensure that the partnership pro- ment activities of U.S. Customs and Border Protection on behalf of any Federal agency grams of those agencies are compatible with Protection. that is required to participate in the Inter- the partnership programs of U.S. Customs (b) CONTENTS.—The report required by sub- national Trade Data System. and Border Protection; section (a) shall include— (AA) Any other provision of customs or (C) to develop criteria for authorizing the (1) a description of the use of resources, re- trade law administered by U.S. Customs and release, on an expedited basis, of merchan- sults of audits and verifications, targeting, Border Protection or U.S. Immigration and dise for which documentation is required organization, and training of personnel of Customs Enforcement. from one or more of those agencies to clear U.S. Customs and Border Protection; (4) PRIVATE SECTOR ENTITY.—The term or license the merchandise for entry into the (2) a description of trade enforcement ac- ‘‘private sector entity’’ means— United States; and tivities to address undervaluation, trans- (A) an importer; (D) to create pathways, within and among shipment, legitimacy of entities making (B) an exporter; the appropriate Federal agencies, for quali- entry, protection of revenues, fraud preven- (C) a forwarder; fied persons that demonstrate the highest tion and detection, and penalties, including (D) an air, sea, or land carrier or shipper; levels of compliance to receive immediate intentional misclassification, inadequate (E) a contract logistics provider; clearance absent information that a trans- bonding, and other misrepresentations; and (F) a customs broker; or action may pose a national security or com- (3) a description of trade enforcement ac- (G) any other person (other than an em- pliance threat; and tivities with respect to the priority trade ployee of a government) affected by the im- (5) ensure that trade benefits are provided issues described in paragraph (3)(B)(ii) of sec- plementation of the customs and trade laws to participants in partnership programs. tion 2(d) of the Act of March 3, 1927 (44 Stat. (c) REPORT REQUIRED.—Not later than the of the United States. 1381, chapter 348; 19 U.S.C. 2072(d)), as added date that is 180 days after the date of the en- (5) TRADE ENFORCEMENT.—The term ‘‘trade by section 111(a) of this Act, including— actment of this Act, and December 31 of each (A) methodologies used in such enforce- enforcement’’ means the enforcement of the year thereafter, the Commissioner shall sub- ment activities, such as targeting; customs and trade laws of the United States. mit to the Committee on Finance of the Sen- (B) recommendations for improving such (6) TRADE FACILITATION.—The term ‘‘trade ate and the Committee on Ways and Means enforcement activities; and facilitation’’ refers to policies and activities of the House of Representatives a report (C) a description of the implementation of of U.S. Customs and Border Protection with that— previous recommendations for improving respect to facilitating the movement of mer- (1) identifies each partnership program re- chandise into and out of the United States in ferred to in subsection (a); such enforcement activities. (c) FORM OF REPORT.—The report required a manner that complies with the customs (2) for each such program, identifies— by subsection (a) shall be submitted in un- and trade laws of the United States. (A) the requirements for participants in classified form, but may include a classified TITLE I—TRADE FACILITATION AND the program; annex. TRADE ENFORCEMENT (B) the commercially significant and meas- SEC. 103. PRIORITIES AND PERFORMANCE SEC. 101. IMPROVING PARTNERSHIP PROGRAMS. urable trade benefits provided to partici- STANDARDS FOR CUSTOMS MOD- (a) IN GENERAL.—In order to advance the pants in the program; ERNIZATION, TRADE FACILITATION, security, trade enforcement, and trade facili- (C) the number of participants in the pro- AND TRADE ENFORCEMENT FUNC- tation missions of U.S. Customs and Border gram; and TIONS AND PROGRAMS. Protection, the Commissioner shall ensure (D) in the case of a program that provides (a) PRIORITIES AND PERFORMANCE STAND- that partnership programs of U.S. Customs for participation at multiple tiers, the num- ARDS.— and Border Protection established before the ber of participants at each such tier; (1) IN GENERAL.—The Commissioner, in date of the enactment of this Act, such as (3) identifies the number of participants consultation with the Committee on Finance the Customs-Trade Partnership Against Ter- enrolled in more than one such partnership of the Senate and the Committee on Ways rorism established under subtitle B of title II program; and Means of the House of Representatives, of the Security and Accountability for Every (4) assesses the effectiveness of each such shall establish priorities and performance Port Act of 2006 (6 U.S.C. 961 et seq.), and partnership program in advancing the secu- standards to measure the development and partnership programs of U.S. Customs and rity, trade enforcement, and trade facilita- levels of achievement of the customs mod- Border Protection established after such tion missions of U.S. Customs and Border ernization, trade facilitation, and trade en- date of enactment, provide trade benefits to Protection, based on historical develop- forcement functions and programs described private sector entities that meet the require- ments, the level of participation in the pro- in subsection (b). ments for participation in those programs gram, and the evolution of benefits provided (2) MINIMUM PRIORITIES AND STANDARDS.— established by the Commissioner under this to participants in the program; Such priorities and performance standards section. (5) summarizes the efforts of U.S. Customs shall, at a minimum, include priorities and (b) ELEMENTS.—In developing and oper- and Border Protection to work with other standards relating to efficiency, outcome, ating partnership programs under subsection Federal agencies with authority to detain output, and other types of applicable meas- (a), the Commissioner shall— and release merchandise entering the United ures. (1) consult with private sector entities, the States to ensure that partnership programs (b) FUNCTIONS AND PROGRAMS DESCRIBED.— public, and other Federal agencies when ap- of those agencies are compatible with part- The functions and programs referred to in propriate, to ensure that participants in nership programs of U.S. Customs and Bor- subsection (a) are the following: those programs receive commercially signifi- der Protection; (1) The Automated Commercial Environ- cant and measurable trade benefits, includ- (6) summarizes criteria developed with ment. ing providing preclearance of merchandise those agencies for authorizing the release, on (2) Each of the priority trade issues de- for qualified persons that demonstrate the an expedited basis, of merchandise for which scribed in paragraph (3)(B)(ii) of section 2(d) highest levels of compliance with the cus- documentation is required from one or more of the Act of March 3, 1927 (44 Stat. 1381, toms and trade laws of the United States, of those agencies to clear or license the mer- chapter 348; 19 U.S.C. 2072(d)), as added by regulations of U.S. Customs and Border Pro- chandise for entry into the United States; section 111(a) of this Act. tection, and other requirements the Commis- (7) summarizes the efforts of U.S. Customs (3) The Centers of Excellence and Expertise sioner determines to be necessary; and Border Protection to work with private described in section 110 of this Act. (2) ensure an integrated and transparent sector entities and the public to develop and (4) Drawback for exported merchandise system of trade benefits and compliance re- improve partnership programs referred to in under section 313 of the Tariff Act of 1930 (19 quirements for all partnership programs of subsection (a); U.S.C. 1313), as amended by section 906 of U.S. Customs and Border Protection; (8) describes measures taken by U.S. Cus- this Act. (3) consider consolidating partnership pro- toms and Border Protection to make private (5) Transactions relating to imported mer- grams in situations in which doing so would sector entities aware of the trade benefits chandise in bond.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2873 (6) Collection of countervailing duties as- Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and priate employees of U.S. Immigration and sessed under subtitle A of title VII of the antidumping duties assessed under subtitle B Customs Enforcement. Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and of title VII of the Tariff Act of 1930 (19 U.S.C. SEC. 105. JOINT STRATEGIC PLAN. antidumping duties assessed under subtitle B 1673 et seq.). (a) IN GENERAL.—Not later than one year of title VII of the Tariff Act of 1930 (19 U.S.C. (B) Addressing evasion of duties on imports after the date of the enactment of this Act, 1673 et seq.). of textiles. and every 2 years thereafter, the Commis- (7) The expedited clearance of cargo. (C) Protection of intellectual property sioner and the Director of U.S. Immigration (8) The issuance of regulations and rulings. rights. and Customs Enforcement shall jointly de- (9) The issuance of Regulatory Audit Re- (D) Enforcement of child labor laws. velop and submit to the Committee on Fi- ports. (3) APPROVAL OF COMMISSIONER AND DIREC- nance of the Senate and the Committee on (c) CONSULTATIONS AND NOTIFICATION.— TOR.—The instruction and related instruc- Ways and Means of the House of Representa- (1) CONSULTATIONS.—The consultations re- tional materials at each educational seminar tives, a joint strategic plan. quired by subsection (a)(1) shall occur, at a under this section shall be subject to the ap- (b) CONTENTS.—The joint strategic plan re- minimum, on an annual basis. proval of the Commissioner and the Director. quired under this section shall be comprised (2) NOTIFICATION.—The Commissioner shall (c) SELECTION PROCESS.— of a comprehensive multi-year plan for trade notify the Committee on Finance of the Sen- (1) IN GENERAL.—The Commissioner shall enforcement and trade facilitation, and shall ate and the Committee on Ways and Means establish a process to solicit, evaluate, and include— of the House of Representatives of any select interested parties in the private sector changes to the priorities referred to in sub- (1) a summary of actions taken during the for purposes of assisting in providing in- 2-year period preceding the submission of the section (a) not later than 30 days before such struction and related instructional materials changes are to take effect. plan to improve trade enforcement and trade described in subsection (b) at each edu- facilitation, including a description and SEC. 104. EDUCATIONAL SEMINARS TO IMPROVE cational seminar under this section. EFFORTS TO CLASSIFY AND AP- analysis of specific performance measures to (2) CRITERIA.—The Commissioner shall PRAISE IMPORTED ARTICLES, TO IM- evaluate the progress of U.S. Customs and PROVE TRADE ENFORCEMENT EF- evaluate and select interested parties in the Border Protection and U.S. Immigration and FORTS, AND TO OTHERWISE FACILI- private sector under the process established Customs Enforcement in meeting each such TATE LEGITIMATE INTERNATIONAL under paragraph (1) based on— responsibility; TRADE. (A) availability and usefulness; (2) a statement of objectives and plans for (a) IN GENERAL.— (B) the volume, value, and incidence of further improving trade enforcement and (1) ESTABLISHMENT.—The Commissioner mislabeling or misidentification of origin of trade facilitation; and the Director shall establish and carry imported articles; and (3) a specific identification of the priority out on a fiscal year basis educational semi- (C) other appropriate criteria established trade issues described in paragraph (3)(B)(ii) nars to— by the Commissioner. of section 2(d) of the Act of March 3, 1927 (44 (A) improve the ability of U.S. Customs (3) PUBLIC AVAILABILITY.—The Commis- Stat. 1381, chapter 348; 19 U.S.C. 2072(d)), as and Border Protection personnel to classify sioner and the Director shall publish in the added by section 111(a) of this Act, that can and appraise articles imported into the Federal Register a detailed description of be addressed in order to enhance trade en- United States in accordance with the cus- the process established under paragraph (1) forcement and trade facilitation, and a de- toms and trade laws of the United States; and the criteria established under paragraph scription of strategies and plans for address- (B) improve the trade enforcement efforts (2). ing each such issue, including— of U.S. Customs and Border Protection per- (d) SPECIAL RULE FOR ANTIDUMPING AND (A) a description of the targeting meth- sonnel and U.S. Immigration and Customs COUNTERVAILING DUTY ORDERS.— odologies used for enforcement activities Enforcement personnel; and (1) IN GENERAL.—The Commissioner shall with respect to each such issue; (C) otherwise improve the ability and ef- give due consideration to carrying out an (B) recommendations for improving such fectiveness of U.S. Customs and Border Pro- educational seminar under this section in enforcement activities; and tection personnel and U.S. Immigration and whole or in part to improve the ability of Customs Enforcement personnel to facilitate (C) a description of the implementation of U.S. Customs and Border Protection per- previous recommendations for improving legitimate international trade. sonnel to enforce a countervailing or anti- (b) CONTENT.— such enforcement activities; dumping duty order issued under section 706 (1) CLASSIFYING AND APPRAISING IMPORTED (4) a description of efforts made to improve or 736 of the Tariff Act of 1930 (19 U.S.C. 1671e ARTICLES.—In carrying out subsection consultation and coordination among and (a)(1)(A), the Commissioner, the Director, or 1673e) upon the request of a petitioner in within Federal agencies, and in particular and interested parties in the private sector an action underlying such countervailing or between U.S. Customs and Border Protection selected under subsection (c) shall provide antidumping duty order. and U.S. Immigration and Customs Enforce- instruction and related instructional mate- (2) INTERESTED PARTY.—A petitioner de- ment, regarding trade enforcement and trade rials at each educational seminar under this scribed in paragraph (1) shall be treated as facilitation; section to U.S. Customs and Border Protec- an interested party in the private sector for (5) a description of the training that has tion personnel and, as appropriate, to U.S. purposes of the requirements of this section. occurred to date within U.S. Customs and Immigration and Customs Enforcement per- (e) PERFORMANCE STANDARDS.—The Com- Border Protection and U.S. Immigration and sonnel on the following: missioner and the Director shall establish Customs Enforcement to improve trade en- (A) Conducting a physical inspection of an performance standards to measure the devel- forcement and trade facilitation, including article imported into the United States, in- opment and level of achievement of edu- training under section 104 of this Act; cluding testing of samples of the article, to cational seminars under this section. (6) a description of efforts to work with the determine if the article is mislabeled in the (f) REPORTING.—Beginning September 30, World Customs Organization and other inter- manifest or other accompanying documenta- 2016, the Commissioner and the Director national organizations, in consultation with tion. shall submit to the Committee of Finance of other Federal agencies as appropriate, with (B) Reviewing the manifest and other ac- the Senate and the Committee of Ways and respect to enhancing trade enforcement and companying documentation of an article im- Means of the House of Representatives an trade facilitation; ported into the United States to determine if annual report on the effectiveness of edu- (7) a description of U.S. Customs and Bor- the country of origin of the article listed in cational seminars under this section. der Protection organizational benchmarks the manifest or other accompanying docu- (g) DEFINITIONS.—In this section: for optimizing staffing and wait times at mentation is accurate. (1) DIRECTOR.—The term ‘‘Director’’ means ports of entry; (C) Customs valuation. the Director of U.S. Immigration and Cus- (8) a specific identification of any domestic (D) Industry supply chains and other re- toms Enforcement. or international best practices that may fur- lated matters as determined to be appro- (2) UNITED STATES.—The term ‘‘United ther improve trade enforcement and trade fa- priate by the Commissioner. States’’ means the customs territory of the cilitation; (2) TRADE ENFORCEMENT EFFORTS.—In car- United States, as defined in General Note 2 (9) any legislative recommendations to fur- rying out subsection (a)(1)(B), the Commis- to the Harmonized Tariff Schedule of the ther improve trade enforcement and trade fa- sioner, the Director, and interested parties United States. cilitation; and in the private sector selected under sub- (3) U.S. CUSTOMS AND BORDER PROTECTION (10) a description of efforts made to im- section (c) shall provide instruction and re- PERSONNEL.—The term ‘‘U.S. Customs and prove consultation and coordination with lated instructional materials at each edu- Border Protection personnel’’ means import the private sector to enhance trade enforce- cational seminar under this section to U.S. specialists, auditors, and other appropriate ment and trade facilitation. Customs and Border Protection personnel employees of U.S. Customs and Border Pro- (c) CONSULTATIONS.— and, as appropriate, to U.S. Immigration and tection. (1) IN GENERAL.—In developing the joint Customs Enforcement personnel to identify (4) U.S. IMMIGRATION AND CUSTOMS EN- strategic plan required under this section, opportunities to enhance enforcement of the FORCEMENT PERSONNEL.—The term ‘‘U.S. Im- the Commissioner and the Director shall following: migration and Customs Enforcement per- consult with— (A) Collection of countervailing duties as- sonnel’’ means Homeland Security Investiga- (A) appropriate officials from the relevant sessed under subtitle A of title VII of the tions Directorate personnel and other appro- Federal agencies, including—

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(i) the Department of the Treasury; ‘‘(B) UPDATE OF REPORTS.—Not later than (3) in paragraph (8), as redesignated, by (ii) the Department of Agriculture; September 30, 2017, the Commissioner shall striking ‘‘section 9503(c) of the Omnibus (iii) the Department of Commerce; submit to the Committee on Appropriations Budget Reconciliation Act of 1987 (19 U.S.C. (iv) the Department of Justice; and the Committee on Finance of the Senate 2071 note)’’ and inserting ‘‘section 109 of the (v) the Department of the Interior; and the Committee on Appropriations and Trade Facilitation and Trade Enforcement (vi) the Department of Health and Human the Committee on Ways and Means of the Act of 2015’’. Services; House of Representatives an updated report SEC. 108. CONSULTATIONS WITH RESPECT TO (vii) the Food and Drug Administration; addressing each of the matters referred to in MUTUAL RECOGNITION ARRANGE- (viii) the Consumer Product Safety Com- subparagraph (A), and— MENTS. mission; and ‘‘(i) evaluating the effectiveness of the im- (a) CONSULTATIONS.—The Secretary of (ix) the Office of the United States Trade plementation of the Automated Commercial Homeland Security, with respect to any pro- Representative; and Environment computer system; and posed mutual recognition arrangement or (B) the Commercial Customs Operations ‘‘(ii) detailing the percentage of trade proc- similar agreement between the United Advisory Committee established by section essed in the Automated Commercial Envi- States and a foreign government providing 109 of this Act. ronment every month since September 30, for mutual recognition of supply chain secu- rity programs and customs revenue func- (2) OTHER CONSULTATIONS.—In developing 2016.’’. tions, shall consult— the joint strategic plan required under this (c) GOVERNMENT ACCOUNTABILITY OFFICE (1) not later than 30 days before initiating section, the Commissioner and the Director REPORT.—Not later than December 31, 2017, negotiations to enter into any such arrange- shall seek to consult with— the Comptroller General of the United States ment or similar agreement, with the Com- (A) appropriate officials from relevant for- shall submit to the Committee on Appropria- mittee on Finance of the Senate and the eign law enforcement agencies and inter- tions and the Committee on Finance of the Committee on Ways and Means of the House national organizations, including the World Senate and the Committee on Appropria- of Representatives; and Customs Organization; and tions and the Committee on Ways and Means (2) not later than 30 days before entering (B) interested parties in the private sector. of the House of Representatives a report— into any such arrangement or similar agree- (d) FORM OF PLAN.—The plan required by (1) assessing the progress of other Federal ment, with the Committee on Finance of the subsection (a) shall be submitted in unclassi- agencies in accessing and utilizing the Auto- Senate and the Committee on Ways and fied form, but may include a classified mated Commercial Environment; and Means of the House of Representatives. annex. (2) assessing the potential cost savings to (b) NEGOTIATING OBJECTIVE.—It shall be a SEC. 106. AUTOMATED COMMERCIAL ENVIRON- the United States Government and importers negotiating objective of the United States in MENT. and exporters and the potential benefits to any negotiation for a mutual recognition ar- (a) FUNDING.—Section 13031(f)(4)(B) of the enforcement of the customs and trade laws rangement with a foreign country on part- Consolidated Omnibus Budget Reconciliation of the United States if the elements identi- nership programs, such as the Customs- Act of 1985 (19 U.S.C. 58c(f)(4)(B)) is amend- fied in clauses (i) through (iv) of section Trade Partnership Against Terrorism estab- ed— 311(b)(3)(A) of the Customs Border Security lished under subtitle B of title II of the Secu- (1) by striking ‘‘2003 through 2005’’ and in- Act of 2002, as amended by subsection (b) of rity and Accountability for Every Port Act serting ‘‘2016 through 2018’’; this section, are implemented. of 2006 (6 U.S.C. 961 et seq.), to seek to ensure (2) by striking ‘‘such amounts as are avail- SEC. 107. INTERNATIONAL TRADE DATA SYSTEM. the compatibility of the partnership pro- able in that Account’’ and inserting ‘‘not (a) INFORMATION TECHNOLOGY INFRASTRUC- grams of that country with the partnership less than $153,736,000’’; and TURE.—Section 411(d) of the Tariff Act of 1930 programs of U.S. Customs and Border Pro- (3) by striking ‘‘for the development’’ and (19 U.S.C. 1411(d)) is amended— tection to enhance trade facilitation and inserting ‘‘to complete the development and (1) by redesignating paragraphs (4) through trade enforcement. implementation’’. (7) as paragraphs (5) through (8), respec- SEC. 109. COMMERCIAL CUSTOMS OPERATIONS (b) REPORT.—Section 311(b)(3) of the Cus- tively; ADVISORY COMMITTEE. toms Border Security Act of 2002 (19 U.S.C. (2) by inserting after paragraph (3) the fol- (a) ESTABLISHMENT.—Not later than the 2075 note) is amended to read as follows: lowing: date that is 60 days after the date of the en- actment of this Act, the Secretary of the ‘‘(3) REPORT.— ‘‘(4) INFORMATION TECHNOLOGY INFRASTRUC- Treasury and the Secretary of Homeland Se- ‘‘(A) IN GENERAL.—Not later than Decem- TURE.— curity shall jointly establish a Commercial ber 31, 2016, the Commissioner responsible for ‘‘(A) IN GENERAL.—The Secretary shall Customs Operations Advisory Committee (in U.S. Customs and Border Protection shall work with the head of each agency partici- this section referred to as the ‘‘Advisory submit to the Committee on Appropriations pating in the ITDS and the Interagency Committee’’). and the Committee on Finance of the Senate Steering Committee to ensure that each (b) MEMBERSHIP.— and the Committee on Appropriations and agency— (1) IN GENERAL.—The Advisory Committee the Committee on Ways and Means of the ‘‘(i) develops and maintains the necessary shall be comprised of— House of Representatives a report detailing— information technology infrastructure to (A) 20 individuals appointed under para- ‘‘(i) U.S. Customs and Border Protection’s support the operation of the ITDS and to graph (2); incorporation of all core trade processing ca- submit all data to the ITDS electronically; (B) the Assistant Secretary for Tax Policy pabilities, including cargo release, entry ‘‘(ii) enters into a memorandum of under- of the Department of the Treasury and the summary, cargo manifest, cargo financial standing, or takes such other action as is Commissioner, who shall jointly co-chair data, and export data elements into the necessary, to provide for the information meetings of the Advisory Committee; and Automated Commercial Environment com- sharing between the agency and U.S. Cus- (C) the Assistant Secretary for Policy and puter system authorized under section toms and Border Protection necessary for the Director of U.S. Immigration and Cus- 13031(f)(4) of the Consolidated Omnibus Budg- the operation and maintenance of the ITDS; toms Enforcement of the Department of et and Reconciliation Act of 1985 (19 U.S.C. ‘‘(iii) not later than June 30, 2016, identifies Homeland Security, who shall serve as dep- 58c(f)(4)) not later than September 30, 2016, to and transmits to the Commissioner respon- uty co-chairs of meetings of the Advisory conform with the admissibility criteria of sible for U.S. Customs and Border Protection Committee. agencies participating in the International the admissibility criteria and data elements (2) APPOINTMENT.— Trade Data System identified pursuant to required by the agency to authorize the re- (A) IN GENERAL.—The Secretary of the section 411(d)(4)(A)(iii) of the Tariff Act of lease of cargo by U.S. Customs and Border Treasury and the Secretary of Homeland Se- 1930; Protection for incorporation into the oper- curity shall jointly appoint 20 individuals ‘‘(ii) U.S. Customs and Border Protection’s ational functionality of the Automated Com- from the private sector to the Advisory Com- remaining priorities for processing entry mercial Environment computer system au- mittee. summary data elements, cargo manifest data thorized under section 13031(f)(4) of the Con- (B) REQUIREMENTS.—In making appoint- elements, cargo financial data elements, and solidated Omnibus Budget and Reconcili- ments under subparagraph (A), the Secretary export elements in the Automated Commer- ation Act of 1985 (19 U.S.C. 58c(f)(4)); and of the Treasury and the Secretary of Home- cial Environment computer system, and the ‘‘(iv) not later than December 31, 2016, uti- land Security shall appoint members— objectives and plans for implementing these lizes the ITDS as the primary means of re- (i) to ensure that the membership of the remaining priorities; ceiving from users the standard set of data Advisory Committee is representative of the ‘‘(iii) the components of the National Cus- and other relevant documentation, exclusive individuals and firms affected by the com- toms Automation Program specified in sub- of applications for permits, licenses, or cer- mercial operations of U.S. Customs and Bor- section (a)(2) of section 411 of the Tariff Act tifications required for the release of im- der Protection; and of 1930 that have not been implemented; and ported cargo and clearance of cargo for ex- (ii) without regard to political affiliation. ‘‘(iv) any additional components of the Na- port. (C) TERMS.—Each individual appointed to tional Customs Automation Program initi- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in the Advisory Committee under this para- ated by the Commissioner to complete the this paragraph shall be construed to require graph shall be appointed for a term of not development, establishment, and implemen- any action to be taken that would com- more than 3 years, and may be reappointed tation of the Automated Commercial Envi- promise an ongoing law enforcement inves- to subsequent terms, but may not serve more ronment computer system. tigation or national security.’’; and than 2 terms sequentially.

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(3) TRANSFER OF MEMBERSHIP.—The Sec- deemed a reference to the Commercial Cus- (6) any planned changes in the number, retary of the Treasury and the Secretary of toms Operations Advisory Committee estab- scope, functions or any other aspect of the Homeland Security may transfer members lished under subsection (a). Centers of Excellence and Expertise devel- serving on the Advisory Committee on Com- SEC. 110. CENTERS OF EXCELLENCE AND EXPER- oped and implemented under subsection (a). mercial Operations of the United States Cus- TISE. SEC. 111. COMMERCIAL TARGETING DIVISION toms Service established under section (a) IN GENERAL.—The Commissioner shall, AND NATIONAL TARGETING AND 9503(c) of the Omnibus Budget Reconciliation in consultation with the Committee on Fi- ANALYSIS GROUPS. (a) IN GENERAL.—Section 2(d) of the Act of Act of 1987 (19 U.S.C. 2071 note) on the day nance of the Senate, the Committee on Ways March 3, 1927 (44 Stat. 1381, chapter 348; 19 before the date of the enactment of this Act and Means of the House of Representatives, U.S.C. 2072(d)) is amended by adding at the to the Advisory Committee established and the Commercial Customs Operations Ad- end the following: under subsection (a). visory Committee established by section 109 ‘‘(3) COMMERCIAL TARGETING DIVISION AND (c) DUTIES.—The Advisory Committee es- of this Act, develop and implement Centers NATIONAL TARGETING AND ANALYSIS GROUPS.— tablished under subsection (a) shall— of Excellence and Expertise throughout U.S. ‘‘(A) ESTABLISHMENT OF COMMERCIAL TAR- (1) advise the Secretary of the Treasury Customs and Border Protection that— GETING DIVISION.— and the Secretary of Homeland Security on (1) enhance the economic competitiveness ‘‘(i) IN GENERAL.—The Secretary of Home- all matters involving the commercial oper- of the United States by consistently enforc- ations of U.S. Customs and Border Protec- land Security shall establish and maintain ing the laws and regulations of the United within the Office of International Trade a tion, including advising with respect to sig- States at all ports of entry of the United nificant changes that are proposed with re- Commercial Targeting Division. States and by facilitating the flow of legiti- ‘‘(ii) COMPOSITION.—The Commercial Tar- spect to regulations, policies, or practices of mate trade through increasing industry- U.S. Customs and Border Protection; geting Division shall be composed of— based knowledge; ‘‘(I) headquarters personnel led by an Exec- (2) provide recommendations to the Sec- (2) improve enforcement efforts, including retary of the Treasury and the Secretary of utive Director, who shall report to the As- enforcement of priority trade issues de- sistant Commissioner for Trade; and Homeland Security on improvements to the scribed in subparagraph (B)(ii) of section commercial operations of U.S. Customs and ‘‘(II) individual National Targeting and 2(d)(3) of the Act of March 3, 1927 (44 Stat. Analysis Groups, each led by a Director who Border Protection; 1381, chapter 348; 19 U.S.C. 2072(d)), as added (3) collaborate in developing the agenda for shall report to the Executive Director of the by section 111(a) of this Act, in specific in- Commercial Targeting Division. Advisory Committee meetings; and dustry sectors through the application of (4) perform such other functions relating ‘‘(iii) DUTIES.—The Commercial Targeting targeting information from the Commercial Division shall be dedicated— to the commercial operations of U.S. Cus- Targeting Division established under sub- ‘‘(I) to the development and conduct of toms and Border Protection as prescribed by paragraph (A) of such section 2(d)(3) and commercial risk assessment targeting with law or as the Secretary of the Treasury and from other means of verification; respect to cargo destined for the United the Secretary of Homeland Security jointly (3) build upon the expertise of U.S. Cus- States in accordance with subparagraph (C); direct. toms and Border Protection in particular in- and (d) MEETINGS.— dustry operations, supply chains, and com- ‘‘(II) to issuing Trade Alerts described in (1) IN GENERAL.—The Advisory Committee pliance requirements; shall meet at the call of the Secretary of the subparagraph (D). (4) promote the uniform implementation at ‘‘(B) NATIONAL TARGETING AND ANALYSIS Treasury and the Secretary of Homeland Se- each port of entry of the United States of GROUPS.— curity, or at the call of not less than two- policies and regulations relating to imports; ‘‘(i) IN GENERAL.—A National Targeting thirds of the membership of the Advisory (5) centralize the trade enforcement and and Analysis Group referred to in subpara- Committee. The Advisory Committee shall trade facilitation efforts of U.S. Customs and graph (A)(ii)(II) shall, at a minimum, be es- meet at least 4 times each calendar year. Border Protection; tablished for each priority trade issue de- (2) OPEN MEETINGS.—Notwithstanding sec- (6) formalize an account-based approach to scribed in clause (ii). tion 10(a) of the Federal Advisory Committee apply, as the Commissioner determines ap- ‘‘(ii) PRIORITY TRADE ISSUES.— Act (5 U.S.C. App.), the Advisory Committee propriate, to the importation of merchandise ‘‘(I) IN GENERAL.—The priority trade issues meetings shall be open to the public unless into the United States; described in this clause are the following: the Secretary of the Treasury or the Sec- (7) foster partnerships though the expan- ‘‘(aa) Agriculture programs. retary of Homeland Security determines sion of trade programs and other trusted ‘‘(bb) Antidumping and countervailing du- that the meeting will include matters the partner programs; ties. disclosure of which would compromise the (8) develop applicable performance meas- ‘‘(cc) Import safety. development of policies, priorities, or negoti- urements to meet internal efficiency and ef- ‘‘(dd) Intellectual property rights. ating objectives or positions that could im- fectiveness goals; and ‘‘(ee) Revenue. pact the commercial operations of U.S. Cus- (9) whenever feasible, facilitate a more effi- ‘‘(ff) Textiles and wearing apparel. toms and Border Protection or the oper- cient flow of information between Federal ‘‘(gg) Trade agreements and preference ations or investigations of U.S. Immigration agencies. programs. and Customs Enforcement. (b) REPORT.—Not later than December 31, ‘‘(II) MODIFICATION.—The Commissioner is (e) ANNUAL REPORT.—Not later than De- cember 31, 2016, and annually thereafter, the 2016, the Commissioner shall submit to the authorized to establish new priority trade Advisory Committee shall submit to the Committee on Finance of the Senate and the issues and eliminate, consolidate, or other- Committee on Finance of the Senate and the Committee on Ways and Means of the House wise modify the priority trade issues de- Committee on Ways and Means of the House of Representatives a report describing— scribed in this paragraph if the Commis- of Representatives a report that— (1) the scope, functions, and structure of sioner— (1) describes the activities of the Advisory each Center of Excellence and Expertise de- ‘‘(aa) determines it necessary and appro- Committee during the preceding fiscal year; veloped and implemented under subsection priate to do so; and (a); ‘‘(bb) submits to the Committee on Fi- (2) sets forth any recommendations of the (2) the effectiveness of each such Center of nance of the Senate and the Committee on Advisory Committee regarding the commer- Excellence and Expertise in improving en- Ways and Means of the House of Representa- cial operations of U.S. Customs and Border forcement efforts, including enforcement of tives a summary of proposals to consolidate, Protection. priority trade issues, and facilitating legiti- eliminate, or otherwise modify existing pri- (f) TERMINATION.—Section 14(a)(2) of the mate trade; ority trade issues not later than 60 days be- Federal Advisory Committee Act (5 U.S.C. (3) the quantitative and qualitative bene- fore such changes are to take effect; and App.; relating to the termination of advisory fits of each such Center of Excellence and ‘‘(cc) submits to the Committee on Finance committees) shall not apply to the Advisory Expertise to the trade community, including of the Senate and the Committee on Ways Committee. through fostering partnerships through the and Means of the House of Representatives a (g) CONFORMING AMENDMENT.— expansion of trade programs such as the Im- summary of proposals to establish new pri- (1) IN GENERAL.—Effective on the date on porter Self Assessment program and other ority trade issues not later than 30 days after which the Advisory Committee is established trusted partner programs; such changes are to take effect. under subsection (a), section 9503(c) of the (4) all applicable performance measure- ‘‘(iii) DUTIES.—The duties of each National Omnibus Budget Reconciliation Act of 1987 ments with respect to each such Center of Targeting and Analysis Group shall in- (19 U.S.C. 2071 note) is repealed. Excellence and Expertise, including perform- clude— (2) REFERENCE.—Any reference in law to ance measures with respect to meeting inter- ‘‘(I) directing the trade enforcement and the Advisory Committee on Commercial Op- nal efficiency and effectiveness goals; compliance assessment activities of U.S. erations of the United States Customs Serv- (5) the performance of each such Center of Customs and Border Protection that relate ice established under section 9503(c) of the Excellence and Expertise in increasing the to the Group’s priority trade issue; Omnibus Budget Reconciliation Act of 1987 accuracy and completeness of data with re- ‘‘(II) facilitating, promoting, and coordi- (19 U.S.C. 2071 note) made on or after the spect to international trade and facilitating nating cooperation and the exchange of in- date on which the Advisory Committee is es- a more efficient flow of information between formation between U.S. Customs and Border tablished under subsection (a), shall be Federal agencies; and Protection, U.S. Immigration and Customs

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Group’s priority trade issue; and ‘‘(II) notifies the Assistant Commissioner (2) The effectiveness of actions taken by ‘‘(III) serving as the primary liaison be- of the Office of Field Operations and the As- U.S. Customs and Border Protection to tween U.S. Customs and Border Protection sistant Commissioner of International Trade measure accountability and performance and the public regarding United States Gov- of U.S. Customs and Border Protection of the with respect to protection of revenue. ernment activities regarding the Group’s pri- determination and the reasons for the deter- (3) The number and outcome of investiga- ority trade issue, including— mination not later than 48 hours after mak- tions instituted by U.S. Customs and Border ‘‘(aa) providing for receipt and trans- ing the determination. Protection with respect to the under- mission to the appropriate U.S. Customs and ‘‘(iii) SUMMARY OF DETERMINATIONS NOT TO payment of duties. Border Protection office of allegations from IMPLEMENT.—The Assistant Commissioner of (4) The effectiveness of training with re- interested parties in the private sector of the Office of Field Operations of U.S. Cus- spect to the collection of duties provided for violations of customs and trade laws of the toms and Border Protection shall— personnel of U.S. Customs and Border Pro- United States of merchandise relating to the ‘‘(I) compile an annual public summary of tection. priority trade issue; all determinations by directors of United (b) PERIOD COVERED BY REPORT.—Each re- ‘‘(bb) obtaining information from the ap- States ports of entry under clause (ii) and port required by subsection (a) shall cover propriate U.S. Customs and Border Protec- the reasons for those determinations; the period of 2 fiscal years ending on Sep- tion office on the status of any activities re- ‘‘(II) conduct an evaluation of the utiliza- tember 30 of the calendar year preceding the sulting from the submission of any such alle- tion of Trade Alerts issued under clause (i); submission of the report. gation, including any decision not to pursue and SEC. 113. REPORT ON SECURITY AND REVENUE the allegation, and providing any such infor- ‘‘(III) submit the summary to the Com- MEASURES WITH RESPECT TO MER- mation to each interested party in the pri- mittee on Finance of the Senate and the CHANDISE TRANSPORTED IN BOND. vate sector that submitted the allegation Committee on Ways and Means of the House (a) IN GENERAL.—Not later than December every 90 days after the allegation was re- of Representatives not later than December 31 of 2016, 2017, and 2018, the Secretary of ceived by U.S. Customs and Border Protec- 31 of each year. Homeland Security and the Secretary of the tion unless providing such information ‘‘(iv) INSPECTION DEFINED.—In this subpara- Treasury shall jointly submit to the Com- would compromise an ongoing law enforce- graph, the term ‘inspection’ means the com- mittee on Finance of the Senate and the ment investigation; and prehensive evaluation process used by U.S. Committee on Ways and Means of the House ‘‘(cc) notifying on a timely basis each in- Customs and Border Protection, other than of Representatives a report on efforts under- terested party in the private sector that sub- physical examination or testing, to permit taken by U.S. Customs and Border Protec- mitted such allegation of any civil or crimi- the entry of merchandise into the United tion to ensure the secure transportation of nal actions taken by U.S. Customs and Bor- States, or the clearance of merchandise for merchandise in bond through the United der Protection or other Federal department transportation in bond through the United States and the collection of revenue owed or agency resulting from the allegation. States, for purposes of— upon the entry of such merchandise into the ‘‘(C) COMMERCIAL RISK ASSESSMENT TAR- ‘‘(I) assessing duties; United States for consumption. GETING.—In carrying out its duties with re- ‘‘(II) identifying restricted or prohibited (b) ELEMENTS.—Each report required by spect to commercial risk assessment tar- items; and subsection (a) shall include, for the fiscal geting, the Commercial Targeting Division ‘‘(III) ensuring compliance with all appli- year preceding the submission of the report, shall— cable customs and trade laws and regula- information on— ‘‘(i) establish targeted risk assessment tions administered by U.S. Customs and Bor- (1) the overall number of entries of mer- methodologies and standards— der Protection.’’. chandise for transportation in bond through ‘‘(I) for evaluating the risk that cargo des- the United States; tined for the United States may violate the (b) USE OF TRADE DATA FOR COMMERCIAL (2) the ports at which merchandise arrives customs and trade laws of the United States, ENFORCEMENT PURPOSES.—Section in the United States for transportation in particularly those laws applicable to mer- 343(a)(3)(F) of the Trade Act of 2002 (19 U.S.C. chandise subject to the priority trade issues 2071 note) is amended to read as follows: bond and at which records of the arrival of described in subparagraph (B)(ii); and ‘‘(F) The information collected pursuant to such merchandise are generated; ‘‘(II) for issuing, as appropriate, Trade the regulations shall be used exclusively for (3) the average time taken to reconcile Alerts described in subparagraph (D); and ensuring cargo safety and security, pre- such records with the records at the final ‘‘(ii) to the extent practicable and other- venting smuggling, and commercial risk as- destination of the merchandise in the United wise authorized by law, use, to administer sessment targeting, and shall not be used for States to demonstrate that the merchandise the methodologies and standards established any commercial enforcement purposes, in- reaches its final destination or is reexported; under clause (i)— cluding for determining merchandise entry. (4) the average time taken to transport ‘‘(I) publicly available information; Notwithstanding the preceding sentence, merchandise in bond from the port at which ‘‘(II) information available from the Auto- nothing in this section shall be treated as the merchandise arrives in the United States mated Commercial System, the Automated amending, repealing, or otherwise modifying to its final destination in the United States; Commercial Environment computer system, title IV of the Tariff Act of 1930 or regula- (5) the total amount of duties, taxes, and the Automated Targeting System, the Auto- tions prescribed thereunder.’’. fees owed with respect to shipments of mer- mated Export System, the International SEC. 112. REPORT ON OVERSIGHT OF REVENUE chandise transported in bond and the total Trade Data System, the TECS (formerly PROTECTION AND ENFORCEMENT amount of such duties, taxes, and fees paid; known as the ‘Treasury Enforcement Com- MEASURES. (6) the total number of notifications by munications System’), the case management (a) IN GENERAL.—Not later than March 31, carriers of merchandise being transported in system of U.S. Immigration and Customs En- 2016, and not later than March 31 of each sec- bond that the destination of the merchandise forcement, and any successor systems; and ond year thereafter, the Inspector General of has changed; and ‘‘(III) information made available to the the Department of the Treasury shall submit (7) the number of entries that remain Commercial Targeting Division, including to the Committee on Finance of the Senate unreconciled. information provided by private sector enti- and the Committee on Ways and Means of SEC. 114. IMPORTER OF RECORD PROGRAM. ties. the House of Representatives a report assess- (a) ESTABLISHMENT.—Not later than the ‘‘(D) TRADE ALERTS.— ing, with respect to the period covered by date that is 180 days after the date of the en- ‘‘(i) ISSUANCE.—Based upon the application the report, as specified in subsection (b), the actment of this Act, the Secretary of Home- of the targeted risk assessment methodolo- following: land Security shall establish an importer of gies and standards established under sub- (1) The effectiveness of the measures taken record program to assign and maintain im- paragraph (C), the Executive Director of the by U.S. Customs and Border Protection with porter of record numbers. Commercial Targeting Division and the Di- respect to protection of revenue, including— (b) REQUIREMENTS.—The Secretary shall rectors of the National Targeting and Anal- (A) the collection of countervailing duties ensure that, as part of the importer of record ysis Groups may issue Trade Alerts to direc- assessed under subtitle A of title VII of the program, U.S. Customs and Border Protec- tors of United States ports of entry directing Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and tion— further inspection, or physical examination antidumping duties assessed under subtitle B (1) develops criteria that importers must or testing, of specific merchandise to ensure of title VII of the Tariff Act of 1930 (19 U.S.C. meet in order to obtain an importer of record compliance with all applicable customs and 1673 et seq.); number, including— trade laws and regulations administered by (B) the assessment, collection, and mitiga- (A) criteria to ensure sufficient informa- U.S. Customs and Border Protection. tion of commercial fines and penalties; tion is collected to allow U.S. Customs and ‘‘(ii) DETERMINATIONS NOT TO IMPLEMENT (C) the use of bonds, including continuous Border Protection to verify the existence of TRADE ALERTS.—The director of a United and single transaction bonds, to secure that the importer requesting the importer of States port of entry may determine not to revenue; and record number; conduct further inspections, or physical ex- (D) the adequacy of the policies of U.S. (B) criteria to ensure sufficient informa- amination or testing, pursuant to a Trade Customs and Border Protection with respect tion is collected to allow U.S. Customs and Alert issued under clause (i) if the director— to the monitoring and tracking of merchan- Border Protection to identify linkages or

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other affiliations between importers that are (b) MEMBERSHIP.—The interagency Import into the United States and the expeditious requesting or have been assigned importer of Safety Working Group shall consist of the entry of such merchandise. record numbers; and following officials or their designees: SEC. 202. JOINT IMPORT SAFETY RAPID RE- (C) criteria to ensure sufficient informa- (1) The Secretary of Homeland Security, SPONSE PLAN. tion is collected to allow U.S. Customs and who shall serve as the Chair. Border Protection to identify changes in ad- (2) The Secretary of Health and Human (a) IN GENERAL.—Not later than December dress and corporate structure of importers; Services, who shall serve as the Vice Chair. 31, 2016, the Secretary of Homeland Security, (2) provides a process by which importers (3) The Secretary of the Treasury. in consultation with the interagency Import are assigned importer of record numbers; (4) The Secretary of Commerce. Safety Working Group, shall develop a plan (3) maintains a centralized database of im- (5) The Secretary of Agriculture. (to be known as the ‘‘joint import safety porter of record numbers, including a history (6) The United States Trade Representa- rapid response plan’’) that sets forth proto- of importer of record numbers associated tive. cols and defines practices for U.S. Customs with each importer, and the information de- (7) The Director of the Office of Manage- and Border Protection to use— scribed in subparagraphs (A), (B), and (C) of ment and Budget. (1) in taking action in response to, and co- paragraph (1); (8) The Commissioner of Food and Drugs. ordinating Federal responses to, an incident (4) evaluates and maintains the accuracy (9) The Commissioner responsible for U.S. in which cargo destined for or merchandise of the database if such information changes; Customs and Border Protection. entering the United States has been identi- and (10) The Chairman of the Consumer Prod- fied as posing a threat to the health or safe- (5) takes measures to ensure that duplicate uct Safety Commission. ty of consumers in the United States; and importer of record numbers are not issued. (11) The Director of U.S. Immigration and (2) in recovering from or mitigating the ef- fects of actions and responses to an incident (c) REPORT.—Not later than one year after Customs Enforcement. described in paragraph (1). the date of the enactment of this Act, the (12) The head of any other Federal agency Secretary shall submit to the Committee on designated by the President to participate in (b) CONTENTS.—The joint import safety Finance of the Senate and the Committee on the interagency Import Safety Working rapid response plan shall address— Ways and Means of the House of Representa- Group, as appropriate. (1) the statutory and regulatory authori- ties and responsibilities of U.S. Customs and tives a report on the importer of record pro- (c) DUTIES.—The duties of the interagency Border Protection and other Federal agen- gram established under subsection (a). Import Safety Working Group shall include— cies in responding to an incident described in (d) NUMBER DEFINED.—In this subsection, (1) consulting on the development of the subsection (a)(1); the term ‘‘number’’, with respect to an im- joint import safety rapid response plan re- (2) the protocols and practices to be used porter of record, means a filing identifica- quired by section 202 of this Act; by U.S. Customs and Border Protection when tion number described in section 24.5 of title (2) periodically evaluating the adequacy of taking action in response to, and coordi- 19, Code of Federal Regulations (or any cor- the plans, practices, and resources of the nating Federal responses to, such an inci- responding similar regulation) that fully Federal Government dedicated to ensuring dent; supports the requirements of subsection (b) the safety of merchandise imported in the (3) the measures to be taken by U.S. Cus- with respect to the collection and mainte- United States and the expeditious entry of toms and Border Protection and other Fed- nance of information. such merchandise, including— eral agencies in recovering from or miti- (A) minimizing the duplication of efforts SEC. 115. ESTABLISHMENT OF NEW IMPORTER gating the effects of actions taken in re- PROGRAM. among agencies the heads of which are mem- sponse to such an incident after the incident bers of the interagency Import Safety Work- (a) IN GENERAL.—Not later than the date to ensure the resumption of the entry of ing Group and ensuring the compatibility of that is 180 days after the date of the enact- merchandise into the United States; and the policies and regulations of those agen- ment of this Act, the Commissioner shall es- (4) exercises that U.S. Customs and Border cies; and tablish a new importer program that directs Protection may conduct in conjunction with (B) recommending additional administra- U.S. Customs and Border Protection to ad- Federal, State, and local agencies, and pri- tive actions, as appropriate, designed to en- just bond amounts for new importers based vate sector entities, to simulate responses to sure the safety of merchandise imported into on the level of risk assessed by U.S. Customs such an incident. and Border Protection for protection of rev- the United States and the expeditious entry enue of the Federal Government. of such merchandise and considering the im- (c) UPDATES OF PLAN.—The Secretary of Homeland Security shall review and update (b) REQUIREMENTS.—The Commissioner pact of those actions on private sector enti- the joint import safety rapid response plan, shall ensure that, as part of the new im- ties; as appropriate, after conducting exercises porter program established under subsection (3) reviewing the engagement and coopera- under subsection (d). (a), U.S. Customs and Border Protection— tion of foreign governments and foreign (1) develops risk-based criteria for deter- manufacturers in facilitating the inspection (d) IMPORT HEALTH AND SAFETY EXER- mining which importers are considered to be and certification, as appropriate, of such CISES.— new importers for the purposes of this sub- merchandise to be imported into the United (1) IN GENERAL.—The Secretary of Home- section; States and the facilities producing such mer- land Security and the Commissioner shall (2) develops risk assessment guidelines for chandise to ensure the safety of the mer- periodically engage in the exercises referred new importers to determine if and to what chandise and the expeditious entry of the to in subsection (b)(4), in conjunction with extent— merchandise into the United States; Federal, State, and local agencies and pri- (A) to adjust bond amounts of imported (4) identifying best practices, in consulta- vate sector entities, as appropriate, to test products of new importers; and tion with private sector entities as appro- and evaluate the protocols and practices (B) to increase screening of imported prod- priate, to assist United States importers in identified in the joint import safety rapid re- ucts of new importers; taking all appropriate steps to ensure the sponse plan at United States ports of entry. (3) develops procedures to ensure increased safety of merchandise imported into the (2) REQUIREMENTS FOR EXERCISES.—In con- oversight of imported products of new im- United States, including with respect to— ducting exercises under paragraph (1), the porters relating to the enforcement of the (A) the inspection of manufacturing facili- Secretary and the Commissioner shall— priority trade issues described in paragraph ties in foreign countries; (A) make allowance for the resources, (3)(B)(ii) of section 2(d) of the Act of March (B) the inspection of merchandise destined needs, and constraints of United States ports 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. for the United States before exportation of entry of different sizes in representative 2072(d)), as added by section 111(a) of this from a foreign country or before distribution geographic locations across the United Act; in the United States; and States; (4) develops procedures to ensure increased (C) the protection of the international sup- (B) base evaluations on current risk assess- oversight of imported products of new im- ply chain (as defined in section 2 of the Secu- ments of merchandise entering the United porters by Centers of Excellence and Exper- rity and Accountability For Every Port Act States at representative United States ports tise established under section 110 of this Act; of 2006 (6 U.S.C. 901)); of entry located across the United States; and (5) identifying best practices to assist Fed- (C) ensure that such exercises are con- (5) establishes a centralized database of eral, State, and local governments and agen- ducted in a manner consistent with the Na- new importers to ensure accuracy of infor- cies, and port authorities, to improve com- tional Incident Management System, the Na- mation that is required to be provided by munication and coordination among such tional Response Plan, the National Infra- new importers to U.S. Customs and Border agencies and authorities with respect to en- structure Protection Plan, the National Pre- Protection. suring the safety of merchandise imported paredness Guidelines, the Maritime Trans- into the United States and the expeditious portation System Security Plan, and other TITLE II—IMPORT HEALTH AND SAFETY entry of such merchandise; and such national initiatives of the Department SEC. 201. INTERAGENCY IMPORT SAFETY WORK- (6) otherwise identifying appropriate steps of Homeland Security, as appropriate; and ING GROUP. to increase the accountability of United (D) develop metrics with respect to the re- (a) ESTABLISHMENT.—There is established States importers and the engagement of for- sumption of the entry of merchandise into an interagency Import Safety Working eign government agencies with respect to en- the United States after an incident described Group. suring the safety of merchandise imported in subsection (a)(1).

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(3) REQUIREMENTS FOR TESTING AND EVAL- the purpose of circumventing a technological istered with the Copyright Office, including UATION.—The Secretary and the Commis- measure that effectively controls access to a by sharing information, images, and samples sioner shall ensure that the testing and eval- work protected under that title, and being of merchandise suspected of infringing the uation carried out in conducting exercises imported in violation of section 1201(a)(2) of copyright under section 628A of the Tariff under paragraph (1)— that title, the owner of a copyright in the Act of 1930, as added by section 302. (A) are performed using clear and objective work; and SEC. 305. NATIONAL INTELLECTUAL PROPERTY performance measures; and ‘‘(4) in the case of merchandise suspected RIGHTS COORDINATION CENTER. (B) result in the identification of specific of being primarily designed or produced for (a) ESTABLISHMENT.—The Secretary of recommendations or best practices for re- the purpose of circumventing protection af- Homeland Security shall— sponding to an incident described in sub- forded by a technological measure that effec- (1) establish within U.S. Immigration and section (a)(1). tively protects a right of an owner of a copy- Customs Enforcement a National Intellec- (4) DISSEMINATION OF RECOMMENDATIONS right in a work or a portion of a work, and tual Property Rights Coordination Center; AND BEST PRACTICES.—The Secretary and the being imported in violation of section and Commissioner shall— 1201(b)(1) of that title, the owner of the copy- (2) appoint an Assistant Director to head (A) share the recommendations or best right. the National Intellectual Property Rights practices identified under paragraph (3)(B) ‘‘(c) LIMITATION.—Subsection (a) applies Coordination Center. among the members of the interagency Im- only with respect to merchandise suspected (b) DUTIES.—The Assistant Director of the port Safety Working Group and with, as ap- of infringing a trademark or copyright that National Intellectual Property Rights Co- propriate— is recorded with U.S. Customs and Border ordination Center shall— (i) State, local, and tribal governments; Protection. (1) coordinate the investigation of sources ‘‘(d) EXCEPTION.—The Commissioner may (ii) foreign governments; and of merchandise that infringe intellectual not provide under subsection (a) informa- (iii) private sector entities; and property rights to identify organizations and tion, photographs, or samples to a person de- (B) use such recommendations and best individuals that produce, smuggle, or dis- scribed in subsection (b) if providing such in- practices to update the joint import safety tribute such merchandise; formation, photographs, or samples would rapid response plan. (2) conduct and coordinate training with compromise an ongoing law enforcement in- SEC. 203. TRAINING. other domestic and international law en- vestigation or national security.’’. The Commissioner shall ensure that per- forcement agencies on investigative best sonnel of U.S. Customs and Border Protec- (b) TERMINATION OF PREVIOUS AUTHORITY.— Notwithstanding paragraph (2) of section practices— tion assigned to United States ports of entry (A) to develop and expand the capability of are trained to effectively administer the pro- 818(g) of Public Law 112–81 (125 Stat. 1496), paragraph (1) of that section shall have no such agencies to enforce intellectual prop- visions of this title and to otherwise assist in erty rights; and ensuring the safety of merchandise imported force or effect on or after the date of the en- actment of this Act. (B) to develop metrics to assess whether into the United States and the expeditious the training improved enforcement of intel- SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES. entry of such merchandise. lectual property rights; (a) IN GENERAL.—Section 596(c)(2) of the TITLE III—IMPORT-RELATED PROTEC- (3) coordinate, with U.S. Customs and Bor- Tariff Act of 1930 (19 U.S.C. 1595a(c)(2)) is TION OF INTELLECTUAL PROPERTY der Protection, activities conducted by the amended— RIGHTS United States to prevent the importation or (1) in subparagraph (E), by striking ‘‘or’’; SEC. 301. DEFINITION OF INTELLECTUAL PROP- exportation of merchandise that infringes in- (2) in subparagraph (F), by striking the pe- ERTY RIGHTS. tellectual property rights; riod and inserting ‘‘; or’’; and In this title, the term ‘‘intellectual prop- (4) support the international interdiction (3) by adding at the end the following: erty rights’’ refers to copyrights, trade- of merchandise destined for the United ‘‘(G) U.S. Customs and Border Protection marks, and other forms of intellectual prop- States that infringes intellectual property determines it is a technology, product, serv- erty rights that are enforced by U.S. Cus- rights; ice, device, component, or part thereof the toms and Border Protection or U.S. Immi- (5) collect and integrate information re- importation of which is prohibited under gration and Customs Enforcement. garding infringement of intellectual prop- subsection (a)(2) or (b)(1) of section 1201 of SEC. 302. EXCHANGE OF INFORMATION RELATED erty rights from domestic and international title 17, United States Code.’’. TO TRADE ENFORCEMENT. law enforcement agencies and other non- (a) IN GENERAL.—The Tariff Act of 1930 is (b) NOTIFICATION OF PERSONS INJURED.— (1) IN GENERAL.—Not later than the date Federal sources; amended by inserting after section 628 (19 (6) develop a means to receive and organize U.S.C. 1628) the following new section: that is 30 business days after seizing mer- chandise pursuant to subparagraph (G) of information regarding infringement of intel- ‘‘SEC. 628A. EXCHANGE OF INFORMATION RE- lectual property rights from such agencies LATED TO TRADE ENFORCEMENT. section 596(c)(2) of the Tariff Act of 1930, as and other sources; ‘‘(a) IN GENERAL.—Subject to subsections added by subsection (a), the Commissioner (7) disseminate information regarding in- (c) and (d), if the Commissioner responsible shall provide to any person identified under for U.S. Customs and Border Protection sus- paragraph (2) information regarding the mer- fringement of intellectual property rights to pects that merchandise is being imported chandise seized that is equivalent to infor- other Federal agencies, as appropriate; into the United States in violation of section mation provided to copyright owners under (8) develop and implement risk-based alert 526 of this Act or section 602, 1201(a)(2), or regulations of U.S. Customs and Border Pro- systems, in coordination with U.S. Customs 1201(b)(1) of title 17, United States Code, and tection for merchandise seized for violation and Border Protection, to improve the tar- determines that the examination or testing of the copyright laws. geting of persons that repeatedly infringe in- of the merchandise by a person described in (2) PERSONS TO BE PROVIDED INFORMATION.— tellectual property rights; subsection (b) would assist the Commissioner Any person injured by the violation of (a)(2) (9) coordinate with the offices of United in determining if the merchandise is being or (b)(1) of section 1201 of title 17, United States attorneys in order to develop exper- imported in violation of that section, the States Code, that resulted in the seizure of tise in, and assist with the investigation and Commissioner, to permit the person to con- the merchandise shall be provided informa- prosecution of, crimes relating to the in- duct the examination and testing— tion under paragraph (1), if that person is in- fringement of intellectual property rights; ‘‘(1) shall provide to the person informa- cluded on a list maintained by the Commis- and tion that appears on the merchandise and its sioner that is revised annually through pub- (10) carry out such other duties as the Sec- packaging and labels, including unredacted lication in the Federal Register. retary of Homeland Security may assign. images of the merchandise and its packaging (3) REGULATIONS.—Not later than one year (c) COORDINATION WITH OTHER AGENCIES.— and labels; and after the date of the enactment of this Act, In carrying out the duties described in sub- ‘‘(2) may, subject to any applicable bonding the Secretary of the Treasury shall prescribe section (b), the Assistant Director of the Na- requirements, provide to the person regulations establishing procedures that im- tional Intellectual Property Rights Coordi- unredacted samples of the merchandise. plement this subsection. nation Center shall coordinate with— ‘‘(b) PERSON DESCRIBED.—A person de- SEC. 304. ENFORCEMENT BY U.S. CUSTOMS AND (1) U.S. Customs and Border Protection; scribed in this subsection is— BORDER PROTECTION OF WORKS (2) the Food and Drug Administration; ‘‘(1) in the case of merchandise suspected FOR WHICH COPYRIGHT REGISTRA- (3) the Department of Justice; of being imported in violation of section 526, TION IS PENDING. (4) the Department of Commerce, including the owner of the trademark suspected of Not later than the date that is 180 days the United States Patent and Trademark Of- being copied or simulated by the merchan- after the date of the enactment of this Act, fice; dise; the Secretary of Homeland Security shall (5) the United States Postal Inspection ‘‘(2) in the case of merchandise suspected authorize a process pursuant to which the Service; of being imported in violation of section 602 Commissioner shall enforce a copyright for (6) the Office of the United States Trade of title 17, United States Code, the owner of which the owner has submitted an applica- Representative; the copyright suspected of being infringed by tion for registration under title 17, United (7) any Federal, State, local, or inter- the merchandise; States Code, with the United States Copy- national law enforcement agencies that the ‘‘(3) in the case of merchandise suspected right Office, to the same extent and in the Director of U.S. Immigration and Customs of being primarily designed or produced for same manner as if the copyright were reg- Enforcement considers appropriate; and

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(iii) to develop best practices to enforce in- tor entities, as appropriate, in order to co- SEC. 309. INTERNATIONAL COOPERATION AND tellectual property rights; and ordinate public and private sector efforts to INFORMATION SHARING. (C) coordination with foreign governments combat the infringement of intellectual (a) COOPERATION.—The Secretary of Home- and international organizations with respect property rights. land Security shall coordinate with the com- to the enforcement of intellectual property SEC. 306. JOINT STRATEGIC PLAN FOR THE EN- petent law enforcement and customs au- rights. FORCEMENT OF INTELLECTUAL thorities of foreign countries, including by (4) A summary of the efforts of U.S. Cus- PROPERTY RIGHTS. sharing information relevant to enforcement toms and Border Protection and U.S. Immi- The Commissioner and the Director of U.S. actions, to enhance the efforts of the United gration and Customs Enforcement to address Immigration and Customs Enforcement shall States and such authorities to enforce intel- the challenges with respect to the enforce- include in the joint strategic plan required lectual property rights. ment of intellectual property rights pre- (b) TECHNICAL ASSISTANCE.—The Secretary by section 105 of this Act— sented by Internet commerce and the transit of Homeland Security shall provide technical (1) a description of the efforts of the De- of small packages and an identification of assistance to competent law enforcement partment of Homeland Security to enforce the volume, value, and type of merchandise and customs authorities of foreign countries intellectual property rights; seized for infringing intellectual property to enhance the ability of such authorities to (2) a list of the 10 United States ports of rights as a result of such efforts. entry at which U.S. Customs and Border Pro- enforce intellectual property rights. (c) INTERAGENCY COLLABORATION.—The (5) A summary of training relating to the tection has seized the most merchandise, enforcement of intellectual property rights both by volume and by value, that infringes Commissioner and the Director of U.S. Im- migration and Customs Enforcement shall conducted under section 308 of this Act and intellectual property rights during the most expenditures for such training. recent 2-year period for which data are avail- lead interagency efforts to collaborate with SEC. 311. INFORMATION FOR TRAVELERS RE- able; and law enforcement and customs authorities of foreign countries to enforce intellectual GARDING VIOLATIONS OF INTELLEC- (3) a recommendation for the optimal allo- TUAL PROPERTY RIGHTS. property rights. cation of personnel, resources, and tech- (a) IN GENERAL.—The Secretary of Home- nology to ensure that U.S. Customs and Bor- SEC. 310. REPORT ON INTELLECTUAL PROPERTY land Security shall develop and carry out an RIGHTS ENFORCEMENT. der Protection and U.S. Immigration and educational campaign to inform travelers Not later than June 30, 2016, and annually Customs Enforcement are adequately enforc- entering or leaving the United States about thereafter, the Commissioner and the Direc- ing intellectual property rights. the legal, economic, and public health and tor of U.S. Immigration and Customs En- SEC. 307. PERSONNEL DEDICATED TO THE EN- safety implications of acquiring merchandise forcement shall jointly submit to the Com- FORCEMENT OF INTELLECTUAL that infringes intellectual property rights mittee on Finance of the Senate and the PROPERTY RIGHTS. outside the United States and importing Committee on Ways and Means of the House (a) PERSONNEL OF U.S. CUSTOMS AND BOR- such merchandise into the United States in DER PROTECTION.—The Commissioner and the of Representatives a report that contains the violation of United States law. Director of U.S. Immigration and Customs following: (b) DECLARATION FORMS.—The Commis- Enforcement shall ensure that sufficient per- (1) With respect to the enforcement of in- sioner shall ensure that all versions of Dec- sonnel are assigned throughout U.S. Customs tellectual property rights, the following: laration Form 6059B of U.S. Customs and and Border Protection and U.S. Immigration (A) The number of referrals from U.S. Cus- Border Protection, or a successor form, in- and Customs Enforcement, respectively, who toms and Border Protection to U.S. Immi- cluding any electronic equivalent of Declara- have responsibility for preventing the impor- gration and Customs Enforcement relating tion Form 6059B or a successor form, printed tation into the United States of merchandise to infringement of intellectual property or displayed on or after the date that is 30 that infringes intellectual property rights. rights during the preceding year. days after the date of the enactment of this (b) STAFFING OF NATIONAL INTELLECTUAL (B) The number of investigations relating Act include a written warning to inform PROPERTY RIGHTS COORDINATION CENTER.— to the infringement of intellectual property travelers arriving in the United States that The Commissioner shall— rights referred by U.S. Immigration and Cus- importation of merchandise into the United (1) assign not fewer than 3 full-time em- toms Enforcement to a United States attor- States that infringes intellectual property ployees of U.S. Customs and Border Protec- ney for prosecution and the United States rights may subject travelers to civil or tion to the National Intellectual Property attorneys to which those investigations were criminal penalties and may pose serious Rights Coordination Center established referred. risks to safety or health. under section 305 of this Act; and (C) The number of such investigations ac- TITLE IV—EVASION OF ANTIDUMPING (2) ensure that sufficient personnel are as- cepted by each such United States attorney AND COUNTERVAILING DUTY ORDERS signed to United States ports of entry to and the status or outcome of each such in- carry out the directives of the Center. vestigation. SEC. 401. SHORT TITLE. SEC. 308. TRAINING WITH RESPECT TO THE EN- (D) The number of such investigations that This title may be cited as the ‘‘Enforcing FORCEMENT OF INTELLECTUAL resulted in the imposition of civil or crimi- Orders and Reducing Customs Evasion Act of PROPERTY RIGHTS. nal penalties. 2015’’. (a) TRAINING.—The Commissioner shall en- (E) A description of the efforts of U.S. Cus- SEC. 402. PROCEDURES FOR INVESTIGATING sure that officers of U.S. Customs and Border toms and Border Protection and U.S. Immi- CLAIMS OF EVASION OF ANTI- Protection are trained to effectively detect DUMPING AND COUNTERVAILING gration and Customs Enforcement to im- and identify merchandise destined for the DUTY ORDERS. prove the success rates of investigations and United States that infringes intellectual (a) IN GENERAL.—The Tariff Act of 1930 is prosecutions relating to the infringement of property rights, including through the use of amended by inserting after section 516A (19 technologies identified under subsection (c). intellectual property rights. U.S.C. 1516a) the following: (b) CONSULTATION WITH PRIVATE SECTOR.— (2) An estimate of the average time re- ‘‘SEC. 517. PROCEDURES FOR INVESTIGATING The Commissioner shall consult with private quired by the Office of International Trade of CLAIMS OF EVASION OF ANTI- sector entities to better identify opportuni- U.S. Customs and Border Protection to re- DUMPING AND COUNTERVAILING ties for collaboration between U.S. Customs spond to a request from port personnel for DUTY ORDERS. and Border Protection and such entities with advice with respect to whether merchandise ‘‘(a) DEFINITIONS.—In this section: respect to training for officers of U.S. Cus- detained by U.S. Customs and Border Protec- ‘‘(1) ADMINISTERING AUTHORITY.—The term toms and Border Protection in enforcing in- tion infringed intellectual property rights, ‘administering authority’ has the meaning tellectual property rights. distinguished by types of intellectual prop- given that term in section 771(1). (c) IDENTIFICATION OF NEW TECHNOLOGIES.— erty rights infringed. ‘‘(2) COMMISSIONER.—The term ‘Commis- In consultation with private sector entities, (3) A summary of the outreach efforts of sioner’ means the Commissioner responsible the Commissioner shall identify— U.S. Customs and Border Protection and for U.S. Customs and Border Protection, act- (1) technologies with the cost-effective ca- U.S. Immigration and Customs Enforcement ing pursuant to the delegation by the Sec- pability to detect and identify merchandise with respect to— retary of the Treasury of the authority of

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2880 CONGRESSIONAL RECORD — SENATE May 13, 2015 the Secretary with respect to customs rev- described in clause (i), (ii), or (iii) with re- initiation of an investigation under this sub- enue functions (as defined in section 415 of spect to a domestic like product; and section or any other action to address the al- the Homeland Security Act of 2002 (6 U.S.C. ‘‘(v) if the covered merchandise is a proc- legation. 215)). essed agricultural product, as defined in sec- ‘‘(B) ELIGIBLE SMALL BUSINESS DEFINED.— ‘‘(3) COVERED MERCHANDISE.—The term tion 771(4)(E), a coalition or trade associa- ‘‘(i) IN GENERAL.—In this paragraph, the ‘covered merchandise’ means merchandise tion that is representative of either— term ‘eligible small business’ means any that is subject to— ‘‘(I) processors; business concern that the Commissioner de- ‘‘(A) an antidumping duty order issued ‘‘(II) processors and producers; or termines, due to its small size, has neither under section 736; ‘‘(III) processors and growers, adequate internal resources nor the financial ‘‘(B) a finding issued under the Anti- but this clause shall cease to have effect if ability to obtain qualified outside assistance dumping Act, 1921; or the United States Trade Representative noti- in preparing and filing allegations described ‘‘(C) a countervailing duty order issued fies the administering authority and the in paragraph (2). under section 706. Commission that the application of this ‘‘(ii) NON-REVIEWABILITY.—The determina- ‘‘(4) ENTER; ENTRY.—The terms ‘enter’ and clause is inconsistent with the international tion of the Commissioner regarding whether ‘entry’ refer to the entry, or withdrawal obligations of the United States. a business concern is an eligible small busi- from warehouse for consumption, of mer- ‘‘(B) DOMESTIC LIKE PRODUCT.—For pur- ness for purposes of this paragraph is not re- chandise in the customs territory of the poses of subparagraph (A), the term ‘domes- viewable by any other agency or by any United States. tic like product’ means a product that is court. like, or in the absence of like, most similar ‘‘(c) DETERMINATIONS.— ‘‘(5) EVASION.— in characteristics and uses with, covered ‘‘(1) IN GENERAL.—Not later than 270 cal- ‘‘(A) IN GENERAL.—Except as provided in merchandise. endar days after the date on which the Com- subparagraph (B), the term ‘evasion’ refers ‘‘(b) INVESTIGATIONS.— missioner initiates an investigation under to entering covered merchandise into the ‘‘(1) IN GENERAL.—Not later than 10 busi- subsection (b) with respect to covered mer- customs territory of the United States by ness days after receiving an allegation de- chandise, the Commissioner shall make a de- means of any document or electronically scribed in paragraph (2) or a referral de- termination, based on substantial evidence, transmitted data or information, written or scribed in paragraph (3), the Commissioner with respect to whether such covered mer- oral statement, or act that is material and shall initiate an investigation if the Com- chandise was entered into the customs terri- false, or any omission that is material, and missioner determines that the information tory of the United States through evasion. that results in any cash deposit or other se- provided in the allegation or the referral, as ‘‘(2) AUTHORITY TO COLLECT AND VERIFY AD- curity or any amount of applicable anti- the case may be, reasonably suggests that DITIONAL INFORMATION.—In making a deter- dumping or countervailing duties being re- covered merchandise has been entered into mination under paragraph (1) with respect to duced or not being applied with respect to the customs territory of the United States covered merchandise, the Commissioner may the merchandise. through evasion. collect such additional information as is nec- ‘‘(B) EXCEPTION FOR CLERICAL ERROR.— ‘‘(2) ALLEGATION DESCRIBED.—An allegation essary to make the determination through ‘‘(i) IN GENERAL.—Except as provided in described in this paragraph is an allegation such methods as the Commissioner considers clause (ii), the term ‘evasion’ does not in- that a person has entered covered merchan- appropriate, including by— clude entering covered merchandise into the dise into the customs territory of the United ‘‘(A) issuing a questionnaire with respect customs territory of the United States by States through evasion that is— to such covered merchandise to— means of— ‘‘(A) filed with the Commissioner by an in- ‘‘(i) an interested party that filed an alle- ‘‘(I) a document or electronically trans- terested party; and gation under paragraph (2) of subsection (b) mitted data or information, written or oral ‘‘(B) accompanied by information reason- that resulted in the initiation of an inves- statement, or act that is false as a result of ably available to the party that filed the al- tigation under paragraph (1) of that sub- a clerical error; or legation. section with respect to such covered mer- ‘‘(II) an omission that results from a cler- ‘‘(3) REFERRAL DESCRIBED.—A referral de- chandise; ical error. scribed in this paragraph is information sub- ‘‘(ii) a person alleged to have entered such ‘‘(ii) PATTERNS OF NEGLIGENT CONDUCT.—If mitted to the Commissioner by any other covered merchandise into the customs terri- the Commissioner determines that a person Federal agency, including the Department of tory of the United States through evasion; has entered covered merchandise into the Commerce or the United States Inter- ‘‘(iii) a person that is a foreign producer or customs territory of the United States by national Trade Commission, that reasonably exporter of such covered merchandise; or means of a clerical error referred to in sub- suggests that a person has entered covered ‘‘(iv) the government of a country from clause (I) or (II) of clause (i) and that the merchandise into the customs territory of which such covered merchandise was ex- clerical error is part of a pattern of negligent the United States through evasion. ported; and conduct on the part of that person, the Com- ‘‘(4) CONSOLIDATION OF ALLEGATIONS AND ‘‘(B) conducting verifications, including missioner may determine, notwithstanding REFERRALS.— on-site verifications, of any relevant infor- clause (i), that the person has entered such ‘‘(A) IN GENERAL.—The Commissioner may mation. covered merchandise into the customs terri- consolidate multiple allegations described in ‘‘(3) ADVERSE INFERENCE.—If the Commis- tory of the United States through evasion. paragraph (2) and referrals described in para- sioner finds that a party or person described ‘‘(iii) ELECTRONIC REPETITION OF ERRORS.— graph (3) into a single investigation if the in clause (i), (ii), or (iii) of paragraph (2)(A) For purposes of clause (ii), the mere non- Commissioner determines it is appropriate has failed to cooperate by not acting to the intentional repetition by an electronic sys- to do so. best of the party or person’s ability to com- tem of an initial clerical error does not con- ‘‘(B) EFFECT ON TIMING REQUIREMENTS.—If ply with a request for information, the Com- stitute a pattern of negligent conduct. the Commissioner consolidates multiple alle- missioner may, in making a determination ‘‘(iv) RULE OF CONSTRUCTION.—A deter- gations or referrals into a single investiga- under paragraph (1), use an inference that is mination by the Commissioner that a person tion under subparagraph (A), the date on adverse to the interests of that party or per- has entered covered merchandise into the which the Commissioner receives the first son in selecting from among the facts other- customs territory of the United States by such allegation or referral shall be used for wise available to make the determination. means of a clerical error referred to in sub- purposes of the requirement under paragraph ‘‘(4) NOTIFICATION.—Not later than 5 busi- clause (I) or (II) of clause (i) rather than (1) with respect to the timing of the initi- ness days after making a determination through evasion shall not be construed to ex- ation of the investigation. under paragraph (1) with respect to covered cuse that person from the payment of any ‘‘(5) INFORMATION-SHARING TO PROTECT merchandise, the Commissioner— duties applicable to the merchandise. HEALTH AND SAFETY.—If, during the course of ‘‘(A) shall provide to each interested party ‘‘(6) INTERESTED PARTY.— conducting an investigation under paragraph that filed an allegation under paragraph (2) ‘‘(A) IN GENERAL.—The term ‘interested (1) with respect to covered merchandise, the of subsection (b) that resulted in the initi- party’ means— Commissioner has reason to suspect that ation of an investigation under paragraph (1) ‘‘(i) a manufacturer, producer, or whole- such covered merchandise may pose a health of that subsection with respect to such cov- saler in the United States of a domestic like or safety risk to consumers, the Commis- ered merchandise a notification of the deter- product; sioner shall provide, as appropriate, informa- mination and may, in addition, include an ‘‘(ii) a certified union or recognized union tion to the appropriate Federal agencies for explanation of the basis for the determina- or group of workers that is representative of purposes of mitigating the risk. tion; and an industry engaged in the manufacture, ‘‘(6) TECHNICAL ASSISTANCE AND ADVICE.— ‘‘(B) may provide to importers, in such production, or wholesale in the United ‘‘(A) IN GENERAL.—Upon request, the Com- manner as the Commissioner determines ap- States of a domestic like product; missioner shall provide technical assistance propriate, information discovered in the in- ‘‘(iii) a trade or business association a ma- and advice to eligible small businesses to en- vestigation that the Commissioner deter- jority of whose members manufacture, able such businesses to prepare and submit mines will help educate importers with re- produce, or wholesale a domestic like prod- allegations described in paragraph (2), except spect to importing merchandise into the cus- uct in the United States; that the Commissioner may deny assistance toms territory of the United States in ac- ‘‘(iv) an association, a majority of whose if the Commissioner concludes that the alle- cordance with all applicable laws and regula- members is composed of interested parties gation, if submitted, would not lead to the tions.

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‘‘(d) EFFECT OF DETERMINATIONS.— graph (1)(C), the administering authority ‘‘(h) RULE OF CONSTRUCTION WITH RESPECT ‘‘(1) IN GENERAL.—If the Commissioner shall identify, as the applicable cash deposit TO OTHER CIVIL AND CRIMINAL PROCEEDINGS makes a determination under subsection (c) rate or antidumping or countervailing duty AND INVESTIGATIONS.—No determination that covered merchandise was entered into assessment rate, the cash deposit or duty (as under subsection (c) or action taken by the the customs territory of the United States the case may be) in the highest amount ap- Commissioner pursuant to this section shall through evasion, the Commissioner shall— plicable to any producer or exporter, includ- be construed to limit the authority to carry ‘‘(A)(i) suspend the liquidation of unliqui- ing the ‘all-others’ rate of the merchandise out, or the scope of, any other proceeding or dated entries of such covered merchandise subject to an antidumping order or counter- investigation pursuant to any other provi- that are subject to the determination and vailing duty order under section 736 or 706, sion of Federal or State law, including sec- that enter on or after the date of the initi- respectively, or a finding issued under the tions 592 and 596.’’. ation of the investigation under subsection Antidumping Act, 1921, or any administra- (b) CONFORMING AMENDMENT.—Section (b) with respect to such covered merchandise tive review conducted under section 751. 1581(c) of title 28, United States Code, is and on or before the date of the determina- ‘‘(e) INTERIM MEASURES.—Not later than 90 amended by inserting ‘‘or 517’’ after ‘‘516A’’. tion; or calendar days after initiating an investiga- (c) EFFECTIVE DATE.—The amendments ‘‘(ii) if the Commissioner has already sus- tion under subsection (b) with respect to cov- made by this section shall take effect on the pended the liquidation of such entries pursu- ered merchandise, the Commissioner shall date that is 180 days after the date of the en- ant to subsection (e)(1), continue to suspend decide based on the investigation if there is actment of this Act. the liquidation of such entries; a reasonable suspicion that such covered (d) REGULATIONS.—Not later than the date ‘‘(B) pursuant to the Commissioner’s au- merchandise was entered into the customs that is 180 days after the date of the enact- thority under section 504(b)— territory of the United States through eva- ment of this Act, the Secretary of the Treas- ‘‘(i) extend the period for liquidating unliq- sion and, if the Commissioner decides there ury shall prescribe such regulations as may uidated entries of such covered merchandise is such a reasonable suspicion, the Commis- be necessary to implement the amendments that are subject to the determination and sioner shall— made by this section. that entered before the date of the initiation ‘‘(1) suspend the liquidation of each unliq- (e) APPLICATION TO CANADA AND MEXICO.— of the investigation; or uidated entry of such covered merchandise Pursuant to article 1902 of the North Amer- ‘‘(ii) if the Commissioner has already ex- that entered on or after the date of the initi- ican Free Trade Agreement and section 408 tended the period for liquidating such entries ation of the investigation; of the North American Free Trade Agree- pursuant to subsection (e)(1), continue to ex- ‘‘(2) pursuant to the Commissioner’s au- ment Implementation Act (19 U.S.C. 3438), tend the period for liquidating such entries; thority under section 504(b), extend the pe- the amendments made by this section shall ‘‘(C) notify the administering authority of riod for liquidating each unliquidated entry apply with respect to goods from Canada and the determination and request that the ad- of such covered merchandise that entered be- Mexico. ministering authority— fore the date of the initiation of the inves- SEC. 403. ANNUAL REPORT ON PREVENTION AND ‘‘(i) identify the applicable antidumping or tigation; and INVESTIGATION OF EVASION OF countervailing duty assessment rates for en- ‘‘(3) pursuant to the Commissioner’s au- ANTIDUMPING AND COUNTER- tries described in subparagraphs (A) and (B); thority under section 623, take such addi- VAILING DUTY ORDERS. or tional measures as the Commissioner deter- (a) IN GENERAL.—Not later than January 15 ‘‘(ii) if no such assessment rate for such an mines necessary to protect the revenue of of each calendar year that begins on or after entry is available at the time, identify the the United States, including requiring a sin- the date that is 270 days after the date of the applicable cash deposit rate to be applied to gle transaction bond or additional security enactment of this Act, the Commissioner, in the entry, with the applicable antidumping or the posting of a cash deposit with respect consultation with the Secretary of Com- or countervailing duty assessment rate to be to such covered merchandise. merce and the Director of U.S. Immigration provided as soon as that rate becomes avail- ‘‘(f) ADMINISTRATIVE REVIEW.— and Customs Enforcement, shall submit to able; ‘‘(1) IN GENERAL.—Not later than 30 busi- the Committee on Finance of the Senate and ‘‘(D) require the posting of cash deposits ness days after the Commissioner makes a the Committee on Ways and Means of the and assess duties on entries described in sub- determination under subsection (c) with re- House of Representatives a report on the ef- paragraphs (A) and (B) in accordance with spect to whether covered merchandise was forts being taken to prevent and investigate the instructions received from the admin- entered into the customs territory of the the entry of covered merchandise into the istering authority under paragraph (2); and United States through evasion, a person de- customs territory of the United States ‘‘(E) take such additional enforcement termined to have entered such covered mer- through evasion. measures as the Commissioner determines chandise through evasion or an interested (b) CONTENTS.—Each report required under appropriate, such as— party that filed an allegation under para- subsection (a) shall include— ‘‘(i) initiating proceedings under section graph (2) of subsection (b) that resulted in (1) for the calendar year preceding the sub- 592 or 596; the initiation of an investigation under para- mission of the report— ‘‘(ii) implementing, in consultation with graph (1) of that subsection with respect to (A) a summary of the efforts of U.S. Cus- the relevant Federal agencies, rule sets or such covered merchandise may file an appeal toms and Border Protection to prevent and modifications to rules sets for identifying, with the Commissioner for de novo review of investigate the entry of covered merchandise particularly through the Automated Tar- the determination. into the customs territory of the United geting System and the Automated Commer- ‘‘(2) TIMELINE FOR REVIEW.—Not later than States through evasion; cial Environment authorized under section 60 business days after an appeal of a deter- (B) the number of allegations of evasion re- 13031(f) of the Consolidated Omnibus Budget mination is filed under paragraph (1), the ceived under subsection (b) of section 517 of Reconciliation Act of 1985 (19 U.S.C. 58c(f)), Commissioner shall complete the review of the Tariff Act of 1930, as added by section 402 importers, other parties, and merchandise the determination. of this Act, and the number of such allega- that may be associated with evasion; ‘‘(g) JUDICIAL REVIEW.— tions resulting in investigations by U.S. Cus- ‘‘(iii) requiring, with respect to merchan- ‘‘(1) IN GENERAL.—Not later than 30 busi- toms and Border Protection or any other dise for which the importer has repeatedly ness days after the Commissioner completes agency; provided incomplete or erroneous entry sum- a review under subsection (f) of a determina- (C) a summary of investigations initiated mary information in connection with deter- tion under subsection (c) with respect to under subsection (b) of such section 517, in- minations of evasion, the importer to deposit whether covered merchandise was entered cluding— estimated duties at the time of entry; and into the customs territory of the United (i) the number and nature of the investiga- ‘‘(iv) referring the record in whole or in States through evasion, a person determined tions initiated, conducted, and completed; part to U.S. Immigration and Customs En- to have entered such covered merchandise and forcement for civil or criminal investigation. through evasion or an interested party that (ii) the resolution of each completed inves- ‘‘(2) COOPERATION OF ADMINISTERING AU- filed an allegation under paragraph (2) of tigation; THORITY.— subsection (b) that resulted in the initiation (D) the number of investigations initiated ‘‘(A) IN GENERAL.—Upon receiving a notifi- of an investigation under paragraph (1) of under that subsection not completed during cation from the Commissioner under para- that subsection with respect to such covered the time provided for making determina- graph (1)(C), the administering authority merchandise may commence a civil action in tions under subsection (c) of such section 517 shall promptly provide to the Commissioner the United States Court of International and an explanation for why the investiga- the applicable cash deposit rates and anti- Trade by filing concurrently a summons and tions could not be completed on time; dumping or countervailing duty assessment complaint contesting any factual findings or (E) the amount of additional duties that rates and any necessary liquidation instruc- legal conclusions upon which the determina- were determined to be owed as a result of tions. tion is based. such investigations, the amount of such du- ‘‘(B) SPECIAL RULE FOR CASES IN WHICH THE ‘‘(2) STANDARD OF REVIEW.—In a civil ac- ties that were collected, and, for any such PRODUCER OR EXPORTER IS UNKNOWN.—If the tion under this subsection, the court shall duties not collected, a description of the rea- Commissioner and the administering author- hold unlawful any determination, finding, or sons those duties were not collected; ity are unable to determine the producer or conclusion found to be arbitrary, capricious, (F) with respect to each such investigation exporter of the merchandise with respect to an abuse of discretion, or otherwise not in that led to the imposition of a penalty, the which a notification is made under para- accordance with law. amount of the penalty;

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2882 CONGRESSIONAL RECORD — SENATE May 13, 2015 (G) an identification of the countries of or- TITLE V—AMENDMENTS TO ANTI- ing among the facts otherwise available, the igin of covered merchandise determined DUMPING AND COUNTERVAILING DUTY administering authority is not required, for under subsection (c) of such section 517 to be LAWS purposes of subsection (c) or for any other entered into the customs territory of the SEC. 501. CONSEQUENCES OF FAILURE TO CO- purpose— United States through evasion; OPERATE WITH A REQUEST FOR IN- ‘‘(A) to estimate what the countervailable (H) the amount of antidumping and coun- FORMATION IN A PROCEEDING. subsidy rate or dumping margin would have tervailing duties collected as a result of any Section 776 of the Tariff Act of 1930 (19 been if the interested party found to have investigations or other actions by U.S. Cus- U.S.C. 1677e) is amended— failed to cooperate under subsection (b)(1) (1) in subsection (b)— toms and Border Protection or any other had cooperated, or (A) by redesignating paragraphs (1) agency; ‘‘(B) to demonstrate that the through (4) as subparagraphs (A) through countervailable subsidy rate or dumping (I) a description of the allocation of per- (D), respectively, and by moving such sub- sonnel and other resources of U.S. Customs margin used by the administering authority paragraphs, as so redesignated, 2 ems to the reflects an alleged commercial reality of the and Border Protection and U.S. Immigration right; interested party.’’. and Customs Enforcement to prevent and in- (B) by striking ‘‘ADVERSE INFERENCES.—If’’ vestigate evasion, including any assessments SEC. 502. DEFINITION OF MATERIAL INJURY. and inserting the following: ‘‘ADVERSE IN- (a) EFFECT OF PROFITABILITY OF DOMESTIC conducted regarding the allocation of such FERENCES.— INDUSTRIES.—Section 771(7) of the Tariff Act personnel and resources; and ‘‘(1) IN GENERAL.—If’’; of 1930 (19 U.S.C. 1677(7)) is amended by add- (J) a description of training conducted to (C) by striking ‘‘under this title, may use’’ ing at the end the following: increase expertise and effectiveness in the and inserting the following: ‘‘under this ‘‘(J) EFFECT OF PROFITABILITY.—The Com- prevention and investigation of evasion; and title— mission shall not determine that there is no (2) a description of processes and proce- ‘‘(A) may use’’; and material injury or threat of material injury dures of U.S. Customs and Border Protection (D) by striking ‘‘facts otherwise available. to an industry in the United States merely to prevent and investigate evasion, includ- Such adverse inference may include’’ and in- because that industry is profitable or be- ing— serting the following: ‘‘facts otherwise avail- cause the performance of that industry has (A) the specific guidelines, policies, and able; and recently improved.’’. practices used by U.S. Customs and Border ‘‘(B) is not required to determine, or make (b) EVALUATION OF IMPACT ON DOMESTIC IN- Protection to ensure that allegations of eva- any adjustments to, a countervailable sub- DUSTRY IN DETERMINATION OF MATERIAL IN- sion are promptly evaluated and acted upon sidy rate or weighted average dumping mar- JURY.—Subclause (I) of section 771(7)(C)(iii) gin based on any assumptions about informa- in a timely manner; of the Tariff Act of 1930 (19 U.S.C. tion the interested party would have pro- (B) an evaluation of the efficacy of those 1677(7)(C)(iii)) is amended to read as follows: vided if the interested party had complied guidelines, policies, and practices; ‘‘(I) actual and potential decline in output, with the request for information. sales, market share, gross profits, operating (C) an identification of any changes since ‘‘(2) POTENTIAL SOURCES OF INFORMATION the last report required by this section, if profits, net profits, ability to service debt, FOR ADVERSE INFERENCES.—An adverse infer- productivity, return on investments, return any, that have materially improved or re- ence under paragraph (1)(A) may include’’; duced the effectiveness of U.S. Customs and on assets, and utilization of capacity,’’. (2) in subsection (c)— (c) CAPTIVE PRODUCTION.—Section Border Protection in preventing and inves- (A) by striking ‘‘CORROBORATION OF SEC- 771(7)(C)(iv) of the Tariff Act of 1930 (19 tigating evasion; ONDARY INFORMATION.—When the’’ and in- U.S.C. 1677(7)(C)(iv)) is amended— (D) a description of the development and serting the following: ‘‘CORROBORATION OF (1) in subclause (I), by striking the comma implementation of policies for the applica- SECONDARY INFORMATION.— and inserting ‘‘, and’’; tion of single entry and continuous bonds for ‘‘(1) IN GENERAL.—Except as provided in (2) in subclause (II), by striking ‘‘, and’’ entries of covered merchandise to suffi- paragraph (2), when the’’; and and inserting a comma; and ciently protect the collection of anti- (B) by adding at the end the following: (3) by striking subclause (III). ‘‘(2) EXCEPTION.—The administrative au- dumping and countervailing duties commen- SEC. 503. PARTICULAR MARKET SITUATION. thority and the Commission shall not be re- surate with the level of risk of not collecting (a) DEFINITION OF ORDINARY COURSE OF quired to corroborate any dumping margin those duties; TRADE.—Section 771(15) of the Tariff Act of (E) a description of the processes and pro- or countervailing duty applied in a separate 1930 (19 U.S.C. 1677(15)) is amended by adding cedures for increased cooperation and infor- segment of the same proceeding.’’; and at the end the following: mation sharing with the Department of Com- (3) by adding at the end the following: ‘‘(C) Situations in which the administering ‘‘(d) SUBSIDY RATES AND DUMPING MARGINS merce, U.S. Immigration and Customs En- authority determines that the particular IN ADVERSE INFERENCE DETERMINATIONS.— forcement, and any other relevant Federal market situation prevents a proper compari- ‘‘(1) IN GENERAL.—If the administering au- son with the export price or constructed ex- agencies to prevent and investigate evasion; thority uses an inference that is adverse to port price.’’. and the interests of a party under subsection (F) an identification of any recommended (b) DEFINITION OF NORMAL VALUE.—Section (b)(1)(A) in selecting among the facts other- 773(a)(1)(B)(ii)(III) of the Tariff Act of 1930 (19 policy changes for other Federal agencies or wise available, the administering authority legislative changes to improve the effective- U.S.C. 1677b(a)(1)(B)(ii)(III)) is amended by may— striking ‘‘in such other country.’’. ness of U.S. Customs and Border Protection ‘‘(A) in the case of a countervailing duty (c) DEFINITION OF CONSTRUCTED VALUE.— in preventing and investigating evasion. proceeding— Section 773(e) of the Tariff Act of 1930 (19 (c) PUBLIC SUMMARY.—The Commissioner ‘‘(i) use a countervailable subsidy rate ap- U.S.C. 1677b(e)) is amended— shall make available to the public a sum- plied for the same or similar program in a (1) in paragraph (1), by striking ‘‘business’’ countervailing duty proceeding involving the mary of the report required by subsection (a) and inserting ‘‘trade’’; and same country, or that includes, at a minimum— (2) By striking the flush text at the end ‘‘(ii) if there is no same or similar pro- (1) a description of the type of merchandise and inserting the following: gram, use a countervailable subsidy rate for ‘‘For purposes of paragraph (1), if a par- with respect to which investigations were a subsidy program from a proceeding that ticular market situation exists such that the initiated under subsection (b) of section 517 the administering authority considers rea- cost of materials and fabrication or other of the Tariff Act of 1930, as added by section sonable to use, and processing of any kind does not accurately 402 of this Act; ‘‘(B) in the case of an antidumping duty reflect the cost of production in the ordinary (2) the amount of additional duties deter- proceeding, use any dumping margin from course of trade, the administering authority mined to be owed as a result of such inves- any segment of the proceeding under the ap- may use another calculation methodology tigations and the amount of such duties that plicable antidumping order. under this subtitle or any other calculation were collected; ‘‘(2) DISCRETION TO APPLY HIGHEST RATE.— methodology. For purposes of paragraph (1), (3) an identification of the countries of ori- In carrying out paragraph (1), the admin- the cost of materials shall be determined gin of covered merchandise determined istering authority may apply any of the without regard to any internal tax in the ex- under subsection (c) of such section 517 to be countervailable subsidy rates or dumping porting country imposed on such materials entered into the customs territory of the margins specified under that paragraph, in- or their disposition that is remitted or re- United States through evasion; and cluding the highest such rate or margin, funded upon exportation of the subject mer- (4) a description of the types of measures based on the evaluation by the administering chandise produced from such materials.’’. used by U.S. Customs and Border Protection authority of the situation that resulted in SEC. 504. DISTORTION OF PRICES OR COSTS. to prevent and investigate evasion. the administering authority using an ad- (a) INVESTIGATION OF BELOW-COST SALES.— verse inference in selecting among the facts Section 773(b)(2) of the Tariff Act of 1930 (19 (d) DEFINITIONS.—In this section, the terms otherwise available. U.S.C. 1677b(b)(2)) is amended by striking ‘‘covered merchandise’’ and ‘‘evasion’’ have ‘‘(3) NO OBLIGATION TO MAKE CERTAIN ESTI- subparagraph (A) and inserting the fol- the meanings given those terms in section MATES OR ADDRESS CERTAIN CLAIMS.—If the lowing: 517(a) of the Tariff Act of 1930, as added by administering authority uses an adverse in- ‘‘(A) REASONABLE GROUNDS TO BELIEVE OR section 402 of this Act. ference under subsection (b)(1)(A) in select- SUSPECT.—

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‘‘(i) REVIEW.—In a review conducted under and review as the administering authority Trade Representative shall report to the section 751 involving a specific exporter, considers appropriate.’’. Committee on Finance of the Senate and the there are reasonable grounds to believe or SEC. 506. APPLICATION TO CANADA AND MEXICO. Committee on Ways and Means of the House suspect that sales of the foreign like product Pursuant to article 1902 of the North Amer- of Representatives on acts, policies, or prac- have been made at prices that are less than ican Free Trade Agreement and section 408 tices of foreign governments identified as the cost of production of the product if the of the North American Free Trade Agree- trade enforcement priorities based on the administering authority disregarded some or ment Implementation Act (19 U.S.C. 3438), consultations under paragraph (1) and the all of the exporter’s sales pursuant to para- the amendments made by this title shall criteria set forth in paragraph (2). graph (1) in the investigation or, if a review apply with respect to goods from Canada and ‘‘(B) REPORT IN SUBSEQUENT YEARS.—The has been completed, in the most recently Mexico. Trade Representative shall include, when re- completed review. porting under subparagraph (A) in any cal- TITLE VI—ADDITIONAL TRADE ENFORCE- ‘‘(ii) REQUESTS FOR INFORMATION.—In an in- endar year after the calendar year that be- MENT AND INTELLECTUAL PROPERTY vestigation initiated under section 732 or a gins after the date of the enactment of the RIGHTS PROTECTION review conducted under section 751, the ad- Trade Facilitation and Trade Enforcement ministering authority shall request informa- Subtitle A—Trade Enforcement Act of 2015, a description of actions taken to tion necessary to calculate the constructed SEC. 601. TRADE ENFORCEMENT PRIORITIES. address any acts, policies, or practices of for- value and cost of production under sub- (a) IN GENERAL.—Section 310 of the Trade eign governments identified as trade enforce- sections (e) and (f) to determine whether Act of 1974 (19 U.S.C. 2420) is amended to read ment priorities under this subsection in the there are reasonable grounds to believe or as follows: calendar year preceding that report and, as suspect that sales of the foreign like product ‘‘SEC. 310. TRADE ENFORCEMENT PRIORITIES. relevant, any year before that calendar year. have been made at prices that represent less ‘‘(a) TRADE ENFORCEMENT PRIORITIES, CON- ‘‘(b) SEMIANNUAL ENFORCEMENT CONSULTA- than the cost of production of the product.’’. SULTATIONS, AND REPORT.— TIONS.— (b) PRICES AND COSTS IN NONMARKET ECONO- ‘‘(1) TRADE ENFORCEMENT PRIORITIES CON- ‘‘(1) IN GENERAL.—At the same time as the MIES.—Section 773(c) of the Tariff Act of 1930 (19 U.S.C. 1677b(c)) is amended by adding at SULTATIONS.—Not later than May 31 of each reporting under subsection (a)(3), and not the end the following: calendar year that begins after the date of later than January 31 of each following year, ‘‘(5) DISCRETION TO DISREGARD CERTAIN the enactment of the Trade Facilitation and the Trade Representative shall consult with PRICE OR COST VALUES.—In valuing the fac- Trade Enforcement Act of 2015, the United the Committee on Finance of the Senate and tors of production under paragraph (1) for States Trade Representative (in this section the Committee on Ways and Means of the the subject merchandise, the administering referred to as the ‘Trade Representative’) House of Representatives with respect to the authority may disregard price or cost values shall consult with the Committee on Finance identification, prioritization, investigation, without further investigation if the admin- of the Senate and the Committee on Ways and resolution of acts, policies, or practices istering authority has determined that and Means of the House of Representatives of foreign governments of concern with re- broadly available export subsidies existed or with respect to the prioritization of acts, spect to obligations under the WTO Agree- particular instances of subsidization oc- policies, or practices of foreign governments ments or any other trade agreement to curred with respect to those price or cost that raise concerns with respect to obliga- which the United States is a party, or that values or if those price or cost values were tions under the WTO Agreements or any otherwise create or maintain trade barriers. subject to an antidumping order.’’. other trade agreement to which the United ‘‘(2) ACTS, POLICIES, OR PRACTICES OF CON- States is a party, or otherwise create or CERN.—The semiannual enforcement con- SEC. 505. REDUCTION IN BURDEN ON DEPART- MENT OF COMMERCE BY REDUCING maintain barriers to United States goods, sultations required by paragraph (1) shall ad- THE NUMBER OF VOLUNTARY RE- services, or investment. dress acts, policies, or practices of foreign SPONDENTS. ‘‘(2) IDENTIFICATION OF TRADE ENFORCEMENT governments that raise concerns with re- Section 782(a) of the Tariff Act of 1930 (19 PRIORITIES.—In identifying acts, policies, or spect to obligations under the WTO Agree- U.S.C. 1677m(a)) is amended— practices of foreign governments as trade en- ments or any other trade agreement to (1) in paragraph (1), by redesignating sub- forcement priorities under this subsection, which the United States is a party, or other- paragraphs (A) and (B) as clauses (i) and (ii), the United States Trade Representative shall wise create or maintain trade barriers, in- respectively, and by moving such clauses, as focus on those acts, policies, and practices cluding— so redesignated, 2 ems to the right; the elimination of which is likely to have ‘‘(A) engagement with relevant trading (2) by redesignating paragraphs (1) and (2) the most significant potential to increase partners; as subparagraphs (A) and (B), respectively, United States economic growth, and take ‘‘(B) strategies for addressing such con- and by moving such subparagraphs, as so re- into account all relevant factors, including— cerns; designated, 2 ems to the right; ‘‘(A) the economic significance of any po- ‘‘(C) availability and deployment of re- (3) by striking ‘‘INVESTIGATIONS AND RE- tential inconsistency between an obligation sources to be used in the investigation or VIEWS.—In’’ and inserting the following: ‘‘IN- assumed by a foreign government pursuant resolution of such concerns; VESTIGATIONS AND REVIEWS.— to a trade agreement to which both the for- ‘‘(D) the merits of any potential dispute ‘‘(1) IN GENERAL.—In’’; eign government and the United States are resolution proceeding under the WTO Agree- (4) in paragraph (1), as designated by para- parties and the acts, policies, or practices of ments or any other trade agreement to graph (3), by amending subparagraph (B), as that government; which the United States is a party relating redesignated by paragraph (2), to read as fol- ‘‘(B) the impact of the acts, policies, or to such concerns; and lows: practices of a foreign government on main- ‘‘(E) any other aspects of such concerns. ‘‘(B) the number of exporters or producers taining and creating United States jobs and ‘‘(3) ACTIVE INVESTIGATIONS.—The semi- subject to the investigation or review is not productive capacity; annual enforcement consultations required so large that any additional individual ex- ‘‘(C) the major barriers and trade dis- by paragraph (1) shall address acts, policies, amination of such exporters or producers torting practices described in the most re- or practices that the Trade Representative is would be unduly burdensome to the admin- cent National Trade Estimate required under actively investigating with respect to obliga- istering authority and inhibit the timely section 181(b); tions under the WTO Agreements or any completion of the investigation or review.’’; ‘‘(D) the major barriers and trade dis- other trade agreement to which the United and torting practices described in other relevant States is a party, including— (5) by adding at the end the following: reports addressing international trade and ‘‘(A) strategies for addressing concerns ‘‘(2) DETERMINATION OF UNDULY BURDEN- investment barriers prepared by a Federal raised by such acts, policies, or practices; SOME.—In determining if an individual exam- agency or congressional commission during ‘‘(B) any relevant timeline with respect to ination under paragraph (1)(B) would be un- the 12 months preceding the date of the most investigation of such acts, policies, or prac- duly burdensome, the administering author- recent report under paragraph (3); tices; ity may consider the following: ‘‘(E) a foreign government’s compliance ‘‘(C) the merits of any potential dispute ‘‘(A) The complexity of the issues or infor- with its obligations under any trade agree- resolution proceeding under the WTO Agree- mation presented in the proceeding, includ- ments to which both the foreign government ments or any other trade agreement to ing questionnaires and any responses there- and the United States are parties; which the United States is a party with re- to. ‘‘(F) the implications of a foreign govern- spect to such acts, policies, or practices; ‘‘(B) Any prior experience of the admin- ment’s procurement plans and policies; and ‘‘(D) barriers to the advancement of the in- istering authority in the same or similar ‘‘(G) the international competitive posi- vestigation of such acts, policies, or prac- proceeding. tion and export potential of United States tices; and ‘‘(C) The total number of investigations products and services. ‘‘(E) any other matters relating to the in- under subtitle A or B and reviews under sec- ‘‘(3) REPORT ON TRADE ENFORCEMENT PRIOR- vestigation of such acts, policies, or prac- tion 751 being conducted by the admin- ITIES AND ACTIONS TAKEN TO ADDRESS.— tices. istering authority as of the date of the deter- ‘‘(A) IN GENERAL.—Not later than July 31 of ‘‘(4) ONGOING ENFORCEMENT ACTIONS.—The mination. each calendar year that begins after the date semiannual enforcement consultations re- ‘‘(D) Such other factors relating to the of the enactment of the Trade Facilitation quired by paragraph (1) shall address all on- timely completion of each such investigation and Trade Enforcement Act of 2015, the going enforcement actions taken by or

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against the United States with respect to ob- ‘‘(3) WTO AGREEMENTS.—The term ‘WTO ‘‘(b) MONITORING REPORTS.— ligations under the WTO Agreements or any Agreements’ means the WTO Agreement and ‘‘(1) IN GENERAL.—Not later than 270 days other trade agreement to which the United agreements annexed to that Agreement.’’. after the date of the enactment of this sec- States is a party, including— (b) CLERICAL AMENDMENT.—The table of tion, and not less frequently than quarterly ‘‘(A) any relevant timeline with respect to contents for the Trade Act of 1974 is amended thereafter, the Secretary of Commerce shall such actions; by striking the item relating to section 310 publish on a website of the Department of ‘‘(B) the merits of such actions; and inserting the following: Commerce, and notify the Committee on Fi- ‘‘(C) any prospective implementation ac- ‘‘Sec. 310. Trade enforcement priorities.’’. nance of the Senate and the Committee on tions; SEC. 602. EXERCISE OF WTO AUTHORIZATION TO Ways and Means of the House of Representa- ‘‘(D) potential implications for any law or SUSPEND CONCESSIONS OR OTHER tives of the availability of, a monitoring re- regulation of the United States; OBLIGATIONS UNDER TRADE port on changes in the volume and value of ‘‘(E) potential implications for United AGREEMENTS. trade with respect to imports and exports of States stakeholders, domestic competitors, (a) IN GENERAL.—Section 306 of the Trade goods categorized based on the 6-digit sub- and exporters; and Act of 1974 (19 U.S.C. 2416) is amended— heading number of the goods under the Har- ‘‘(F) other issues relating to such actions. (1) by redesignating subsection (c) as sub- monized Tariff Schedule of the United States ‘‘(5) ENFORCEMENT RESOURCES.—The semi- section (d); and during the most recent quarter for which annual enforcement consultations required (2) by inserting after subsection (b) the fol- such data are available and previous quar- by paragraph (1) shall address the avail- lowing: ters as the Secretary considers practicable. ability and deployment of enforcement re- ‘‘(c) EXERCISE OF WTO AUTHORIZATION TO ‘‘(2) REQUESTS FOR COMMENT.—Not later sources, resource constraints on monitoring SUSPEND CONCESSIONS OR OTHER OBLIGA- than one year after the date of the enact- and enforcement activities, and strategies to TIONS.—If— ment of this section, the Secretary of Com- address those constraints, including the use ‘‘(1) action has terminated pursuant to sec- merce shall solicit through the Federal Reg- of available resources of other Federal agen- tion 307(c), ister public comment on the monitoring re- cies to enhance monitoring and enforcement ‘‘(2) the petitioner or any representative of ports described in paragraph (1). capabilities. the domestic industry that would benefit ‘‘(c) SUNSET.—The requirements under this ‘‘(c) INVESTIGATION AND RESOLUTION.—In from reinstatement of action has submitted section terminate on the date that is 7 years the case of any acts, policies, or practices of to the Trade Representative a written re- after the date of the enactment of this sec- a foreign government identified as a trade quest for reinstatement of action, and tion.’’. enforcement priority under subsection (a), ‘‘(3) the Trade Representative has com- (b) CLERICAL AMENDMENT.—The table of the Trade Representative shall, not later pleted the requirements of subsection (d) and contents for the Trade Act of 1974 (19 U.S.C. than the date of the first semiannual en- section 307(c)(3), 2101 et seq.) is amended by inserting after forcement consultations held under sub- the item relating to section 204 the fol- the Trade Representative may at any time section (b) after the identification of the pri- lowing: determine to take action under section 301(c) ority, take appropriate action to address to exercise an authorization to suspend con- ‘‘Sec. 205. Trade monitoring.’’. that priority, including— cessions or other obligations under Article 22 SEC. 604. ESTABLISHMENT OF INTERAGENCY ‘‘(1) engagement with the foreign govern- of the Understanding on Rules and Proce- TRADE ENFORCEMENT CENTER. ment to resolve concerns raised by such acts, dures Governing the Settlement of Disputes (a) IN GENERAL.—Chapter 4 of title I of the policies, or practices; Trade Act of 1974 (19 U.S.C. 2171) is amended (referred to in section 101(d)(16) of the Uru- ‘‘(2) initiation of an investigation under by adding at the end the following: guay Round Agreements Act (19 U.S.C. section 302(b)(1) with respect to such acts, 3511(d)(16))).’’. ‘‘SEC. 142. INTERAGENCY TRADE ENFORCEMENT policies, or practices; CENTER. (b) CONFORMING AMENDMENTS.—Chapter 1 ‘‘(3) initiation of negotiations for a bilat- ‘‘(a) ESTABLISHMENT OF CENTER.—There is of title III of the Trade Act of 1974 (19 U.S.C. eral agreement that provides for resolution established in the Office of the United States 2411 et seq.) is amended— of concerns raised by such acts, policies, or Trade Representative an Interagency Trade (1) in section 301(c)(1) (19 U.S.C. 2411(c)(1)), practices; or Enforcement Center (in this section referred in the matter preceding subparagraph (A), by ‘‘(4) initiation of dispute settlement pro- to as the ‘Center’). inserting ‘‘or section 306(c)’’ after ‘‘sub- ceedings under the WTO Agreements or any ‘‘(b) FUNCTIONS OF CENTER.— section (a) or (b)’’; other trade agreement to which the United ‘‘(1) IN GENERAL.—The Center shall— (2) in section 306(b) (19 U.S.C. 2416(b)), in States is a party with respect to such acts, ‘‘(A) serve as the primary forum within the the subsection heading, by striking ‘‘FUR- policies, or practices. Federal Government for the Office of the THER ACTION’’ and inserting ‘‘ACTION ON THE ‘‘(d) ENFORCEMENT NOTIFICATIONS AND CON- United States Trade Representative and BASIS OF MONITORING’’; SULTATION.— other agencies to coordinate the enforce- (3) in section 306(d) (19 U.S.C. 2416(d)), as ‘‘(1) INITIATION OF ENFORCEMENT ACTION.— ment of United States trade rights under The Trade Representative shall notify and redesignated by subsection (a)(1), by insert- international trade agreements and the en- consult with the Committee on Finance of ing ‘‘or (c)’’ after ‘‘subsection (b)’’; and forcement of United States trade remedy the Senate and the Committee on Ways and (4) in section 307(c)(3) (19 U.S.C. 2417(c)(3)), laws; Means of the House of Representatives in ad- by inserting ‘‘or if a request is submitted to ‘‘(B) coordinate among the Office of the vance of initiation of any formal trade dis- the Trade Representative under 306(c)(2) to United States Trade Representative and pute by or against the United States taken reinstate action,’’ after ‘‘under section 301,’’. other agencies with responsibilities relating in regard to an obligation under the WTO SEC. 603. TRADE MONITORING. to trade the exchange of information related Agreements or any other trade agreement to (a) IN GENERAL.—Chapter 1 of title II of the to potential violations of international trade which the United States is a party. With re- Trade Act of 1974 (19 U.S.C. 2251 et seq.) is agreements by foreign trading partners of spect to a formal trade dispute against the amended by adding at the end the following: the United States; and United States, if advance notification and ‘‘SEC. 205. TRADE MONITORING. ‘‘(C) conduct outreach to United States consultation are not possible, the Trade Rep- ‘‘(a) MONITORING TOOL FOR IMPORTS.— workers, businesses, and other interested resentative shall notify and consult at the ‘‘(1) IN GENERAL.—Not later than 180 days persons to foster greater participation in the earliest practicable opportunity after initi- after the date of the enactment of this sec- identification and reduction or elimination ation of the dispute. tion, the United States International Trade of foreign trade barriers and unfair foreign ‘‘(2) CIRCULATION OF REPORTS.—The Trade Commission shall make available on a trade practices. Representative shall notify and consult with website of the Commission an import moni- ‘‘(2) COORDINATION OF TRADE ENFORCE- the Committee on Finance of the Senate and toring tool to allow the public access to data MENT.— the Committee on Ways and Means of the on the volume and value of goods imported ‘‘(A) IN GENERAL.—The Center shall coordi- House of Representatives in advance of the into the United States for the purpose of as- nate matters relating to the enforcement of announced or anticipated circulation of any sessing whether such data has changed with United States trade rights under inter- report of a dispute settlement panel or the respect to such goods over a period of time. national trade agreements and the enforce- Appellate Body of the World Trade Organiza- ‘‘(2) DATA DESCRIBED.—For purposes of the ment of United States trade remedy laws tion or of a dispute settlement panel under monitoring tool under paragraph (1), the among the Office of the United States Trade any other trade agreement to which the Commission shall use data compiled by the Representative and the following agencies: United States is a party with respect to a Department of Commerce and such other ‘‘(i) The Department of State. formal trade dispute by or against the government data as the Commission con- ‘‘(ii) The Department of the Treasury. United States. siders appropriate. ‘‘(iii) The Department of Justice. ‘‘(e) DEFINITIONS.—In this section: ‘‘(3) PERIODS OF TIME.—The Commission ‘‘(iv) The Department of Agriculture. ‘‘(1) WTO.—The term ‘WTO’ means the shall ensure that data accessed through the ‘‘(v) The Department of Commerce. World Trade Organization. monitoring tool under paragraph (1) includes ‘‘(vi) The Department of Homeland Secu- ‘‘(2) WTO AGREEMENT.—The term ‘WTO data for the most recent quarter for which rity. Agreement’ has the meaning given that term such data are available and previous quar- ‘‘(vii) Such other agencies as the Presi- in section 2(9) of the Uruguay Round Agree- ters as the Commission considers prac- dent, or the United States Trade Representa- ments Act (19 U.S.C. 3501(9)). ticable. tive, may designate.

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‘‘(B) CONSULTATIONS ON INTELLECTUAL appointed by the President, by and with the ‘‘(V) fails to effectively enforce environ- PROPERTY RIGHTS.—In matters relating to advice and consent of the Senate. As an exer- mental commitments under agreements to the enforcement of United States trade cise of the rulemaking power of the Senate, which the foreign country and the United rights involving intellectual property rights, any nomination of a Deputy United States States are a party.’’. the Center shall consult with the Intellec- Trade Representative, the Chief Agricultural SEC. 607. TRADE ENFORCEMENT TRUST FUND. tual Property Enforcement Coordinator ap- Negotiator, or the Chief Manufacturing Ne- (a) ESTABLISHMENT.—There is established pointed pursuant to section 301 of the gotiator submitted to the Senate for its ad- in the Treasury of the United States a trust Prioritizing Resources and Organization for vice and consent, and referred to a com- fund to be known as the Trade Enforcement Intellectual Property Act of 2008 (15 U.S.C. mittee, shall be referred to the Committee Trust Fund (in this section referred to as the 8111). on Finance. Each Deputy United States ‘‘Trust Fund’’), consisting of amounts trans- ‘‘(c) PERSONNEL.— Trade Representative, the Chief Agricultural ferred to the Trust Fund under subsection (b) ‘‘(1) DIRECTOR.—The head of the Center Negotiator, and the Chief Manufacturing Ne- and any amounts that may be credited to the shall be the Director, who shall— gotiator shall hold office at the pleasure of Trust Fund under subsection (c). ‘‘(A) be appointed by the United States the President and shall have the rank of Am- (b) TRANSFER OF AMOUNTS.— Trade Representative from among full-time bassador.’’. (1) IN GENERAL.—The Secretary of the senior-level officials of the Office of the (b) FUNCTIONS OF POSITION.—Section 141(c) Treasury shall transfer to the Trust Fund, United States Trade Representative; and of the Trade Act of 1974 (19 U.S.C. 2171(c)) is from the general fund of the Treasury, for ‘‘(B) report to the Trade Representative. amended— each fiscal year that begins on or after the ‘‘(2) DEPUTY DIRECTOR.—There shall be in (1) by moving paragraph (5) 2 ems to the date of the enactment of this Act, an amount the Center a Deputy Director, who shall— left; and equal to $15,000,000 (or a lesser amount as re- ‘‘(A) be appointed by the Secretary of Com- (2) by adding at the end the following: quired pursuant to paragraph (2)) of the anti- merce from among full-time senior-level offi- ‘‘(6)(A) The principal function of the Chief dumping duties and countervailing duties re- cials of the Department of Commerce and de- Manufacturing Negotiator shall be to con- ceived in the Treasury for such fiscal year. duct trade negotiations and to enforce trade tailed to the Center; and (2) LIMITATION.—The total amount in the ‘‘(B) report directly to the Director. agreements relating to United States manu- Trust Fund at any time may not exceed ‘‘(3) ADDITIONAL EMPLOYEES.—The agencies facturing products and services. The Chief $30,000,000. Manufacturing Negotiator shall be a vig- specified in subsection (b)(2)(A) may, in con- (3) FREQUENCY OF TRANSFERS; ADJUST- orous advocate on behalf of United States sultation with the Director, detail or assign MENTS.— manufacturing interests and shall perform their employees to the Center without reim- (A) FREQUENCY OF TRANSFERS.—The Sec- bursement to support the functions of the such other functions as the United States retary shall transfer amounts required to be Center. Trade Representative may direct. transferred to the Trust Fund under para- ‘‘(d) ADMINISTRATION.—Funding and admin- ‘‘(B) Not later than one year after the date graph (1) not less frequently than quarterly istrative support for the Center shall be pro- of the enactment of the Trade Facilitation from the general fund of the Treasury to the vided by the Office of the United States and Trade Enforcement Act of 2015, and an- Trust Fund on the basis of estimates made Trade Representative. nually thereafter, the Chief Manufacturing by the Secretary. Negotiator shall submit to the Committee on ‘‘(e) ANNUAL REPORT.—Not later than one (B) ADJUSTMENTS.—The Secretary shall year after the date of the enactment of this Finance of the Senate and the Committee on make proper adjustments in amounts subse- section, and not less frequently than annu- Ways and Means of the House of Representa- quently transferred to the Trust Fund to the ally thereafter, the Director shall submit to tives a report on the actions taken by the extent prior estimates were in excess of or the Committee on Finance of the Senate and Chief Manufacturing Negotiator in the pre- less than the amounts required to be trans- the Committee on Ways and Means of the ceding year.’’. ferred to the Trust Fund. (c) COMPENSATION.—Section 5314 of title 5, House of Representatives a report on the ac- (c) INVESTMENT OF AMOUNTS.— United States Code, is amended by striking tions taken by the Center in the preceding (1) INVESTMENT OF AMOUNTS.—The Sec- ‘‘Chief Agricultural Negotiator.’’ and insert- year with respect to the enforcement of retary shall invest such portion of the Trust ing the following: United States trade rights under inter- Fund as is not required to meet current ‘‘Chief Agricultural Negotiator, Office of national trade agreements and the enforce- withdrawals in interest-bearing obligations the United States Trade Representative. ment of United States trade remedy laws. of the United States or in obligations guar- ‘‘(f) DEFINITIONS.—In this section: ‘‘Chief Manufacturing Negotiator, Office of the United States Trade Representative.’’. anteed as to both principal and interest by ‘‘(1) UNITED STATES TRADE REMEDY LAWS.— the United States. The term ‘United States trade remedy laws’ (d) TECHNICAL AMENDMENTS.—Section 141(e) of the Trade Act of 1974 (19 U.S.C. (2) INTEREST AND PROCEEDS.—The interest means the following: on, and the proceeds from the sale or re- ‘‘(A) Chapter 1 of title II of the Trade Act 2171(e)) is amended— (1) in paragraph (1), by striking ‘‘5314’’ and demption of, any obligations held in Trust of 1974 (19 U.S.C. 2251 et seq.). Fund shall be credited to and form a part of ‘‘(B) Chapter 1 of title III of that Act (19 inserting ‘‘5315’’; and (2) in paragraph (2), by striking ‘‘the max- the Trust Fund. U.S.C. 2411 et seq.). (d) AVAILABILITY OF AMOUNTS FROM TRUST ‘‘(C) Sections 406 and 421 of that Act (19 imum rate of pay for grade GS–18, as pro- vided in section 5332’’ and inserting ‘‘the FUND.— U.S.C. 2436 and 2451). (1) ENFORCEMENT.—The United States ‘‘(D) Sections 332 and 337 of the Tariff Act maximum rate of pay for level IV of the Ex- ecutive Schedule in section 5315’’. Trade Representative may use the amounts of 1930 (19 U.S.C. 1332 and 1337). in the Trust fund to carry out any of the fol- ‘‘(E) Investigations initiated by the admin- SEC. 606. ENFORCEMENT UNDER TITLE III OF THE TRADE ACT OF 1974 WITH RE- lowing: istering authority (as defined in section 771 (A) To seek to enforce the provisions of of that Act (19 U.S.C. 1677)) under title VII of SPECT TO CERTAIN ACTS, POLICIES, AND PRACTICES RELATING TO THE and commitments and obligations under the that Act (19 U.S.C. 1671 et seq.). ENVIRONMENT. WTO Agreements and free trade agreements ‘‘(F) Section 281 of the Uruguay Round Section 301(d)(3)(B) of the Trade Act of 1974 to which the United States is a party and re- Agreements Act (19 U.S.C. 3571). (19 U.S.C. 2411(d)(3)(B)) is amended— solve any actions by foreign countries that ‘‘(2) UNITED STATES TRADE RIGHTS.—The (1) in clause (ii), by striking ‘‘or’’ at the are inconsistent with those provisions, com- term ‘United States trade rights’ means any end; mitments, and obligations. right, benefit, or advantage to which the (2) in clause (iii)(V), by striking the period (B) To monitor the implementation by for- United States is entitled under an inter- at the end and inserting ‘‘, or’’; and eign countries of the provisions of and com- national trade agreement and that could be (3) by adding at the end the following: mitments and obligations under free trade effectuated through the use of a dispute set- ‘‘(iv) constitutes a persistent pattern of agreements to which the United States is a tlement proceeding.’’. conduct by the government of the foreign party for purposes of systematically assess- (b) CLERICAL AMENDMENT.—The table of country under which that government— ing, identifying, investigating, or initiating contents for the Trade Act of 1974 is amended ‘‘(I) fails to effectively enforce the environ- steps to address inconsistencies with those by inserting after the item relating to sec- mental laws of the foreign country, provisions, commitments, and obligations. tion 141 the following: ‘‘(II) waives or otherwise derogates from (C) To thoroughly investigate and respond ‘‘Sec. 142. Interagency Trade Enforcement the environmental laws of the foreign coun- to petitions under section 302 of the Trade Center.’’. try or weakens the protections afforded by Act of 1974 (19 U.S.C. 2412) requesting that SEC. 605. ESTABLISHMENT OF CHIEF MANUFAC- such laws, action be taken under section 301 of such Act TURING NEGOTIATOR. ‘‘(III) fails to provide for judicial or admin- (19 U.S.C. 2411). (a) ESTABLISHMENT OF POSITION.—Section istrative proceedings giving access to rem- (2) IMPLEMENTATION ASSISTANCE AND CAPAC- 141(b)(2) of the Trade Act of 1974 (19 U.S.C. edies for violations of the environmental ITY BUILDING.—The United States Trade Rep- 2171(b)(2)) is amended to read as follows: laws of the foreign country, resentative, the Secretary of State, the Ad- ‘‘(2) There shall be in the Office 3 Deputy ‘‘(IV) fails to provide appropriate and effec- ministrator of the United States Agency for United States Trade Representatives, one tive sanctions or remedies for violations of International Development, the Secretary of Chief Agricultural Negotiator, and one Chief the environmental laws of the foreign coun- Labor, and such heads of other Federal agen- Manufacturing Negotiator, who shall all be try, or cies as the President considers appropriate

VerDate Sep 11 2014 05:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2886 CONGRESSIONAL RECORD — SENATE May 13, 2015 may use the amounts in the Trust Fund to SEC. 608. HONEY TRANSSHIPMENT. dumping duties or countervailing duties dis- carry out any of the following: (a) IN GENERAL.—The Commissioner shall tributed as described in subsection (b) that is (A) To ensure capacity-building efforts un- direct appropriate personnel and resources of realized through application of a payment dertaken by the United States pursuant to U.S. Customs and Border Protection to ad- received on or after October 1, 2014, by U.S. any free trade agreement to which the dress concerns that honey is being imported Customs and Border Protection under, or in United States is a party prioritize and give into the United States in violation of the connection with— special attention to the timely, consistent, customs and trade laws of the United States. (A) a customs bond pursuant to a court and robust implementation of the intellec- (b) COUNTRY OF ORIGIN.— order or judgment entered as a result of a tual property, labor, and environmental (1) IN GENERAL.—The Commissioner shall civil action filed by the Federal Government commitments and obligations of any party compile a database of the individual charac- against the surety from which the payment to that free trade agreement. teristics of honey produced in foreign coun- was obtained for the purpose of collecting (B) To ensure capacity-building efforts un- tries to facilitate the verification of country duties or interest owed with respect to an dertaken by the United States pursuant to of origin markings of imported honey. entry; or any such free trade agreement are self-sus- (2) ENGAGEMENT WITH FOREIGN GOVERN- (B) a settlement for any such bond if the taining and promote local ownership. MENTS.—The Commissioner shall seek to en- settlement was executed after the Federal (C) To ensure capacity-building efforts un- gage the customs agencies of foreign govern- Government filed a civil action described in dertaken by the United States pursuant to ments for assistance in compiling the data- subparagraph (A). any such free trade agreement include per- base described in paragraph (1). (2) TYPES OF INTEREST.—Interest described formance indicators against which the (3) CONSULTATION WITH INDUSTRY.—In com- in paragraph (1) includes the following: progress and obstacles for the implementa- piling the database described in paragraph (A) Interest accrued under section 778 of tion of commitments and obligations de- (1), the Commissioner shall consult with en- the Tariff Act of 1930 (19 U.S.C. 1677g). scribed in subparagraph (A) can be identified tities in the honey industry regarding the (B) Interest accrued under section 505(d) of and assessed within a meaningful time development of industry standards for honey the Tariff Act of 1930 (19 U.S.C. 1505(d)). frame. identification. (C) Equitable interest under common law (D) To monitor and evaluate the capacity- (4) CONSULTATION WITH FOOD AND DRUG AD- or interest under section 963 of the Revised building efforts of the United States under MINISTRATION.—In compiling the database de- Statutes (19 U.S.C. 580) awarded by a court subparagraphs (A), (B), and (C). scribed in paragraph (1), the Commissioner against a surety under its bond for late pay- (3) LIMITATION.—Amounts made available shall consult with the Commissioner of Food ment of antidumping duties, countervailing in the Trust Fund may not be used for nego- and Drugs. duties, or interest described in subparagraph tiations for any free trade agreement to be (c) REPORT REQUIRED.—Not later than 180 (A) or (B). entered into on or after the date of the en- days after the date of the enactment of this (d) DEFINITIONS.—In this section: actment of this Act. Act, the Commissioner shall submit to Con- (1) ANTIDUMPING DUTIES.—The term ‘‘anti- (e) REPORT.—Not later than 18 months gress a report that— dumping duties’’ means antidumping duties after the entry into force of any free trade (1) describes and assesses the limitations in imposed under section 731 of the Tariff Act of agreement entered into after the date of the the existing analysis capabilities of labora- 1930 (19 U.S.C. 1673) or under the Anti- enactment of this Act, the United States tories with respect to determining the coun- dumping Act, 1921 (title II of the Act of May Trade Representative, the Secretary of try of origin of honey samples or the per- 27, 1921; 42 Stat. 11, chapter 14). State, the Administrator of the United centage of honey contained in a sample; and (2) COUNTERVAILING DUTIES.—The term States Agency for International Develop- (2) includes any recommendations of the ‘‘countervailing duties’’ means counter- ment, the Secretary of Labor, and any other Commissioner for improving such capabili- vailing duties imposed under section 701 of head of a Federal agency who has used ties. the Tariff Act of 1930 (19 U.S.C. 1671). amounts in the Trust Fund in connection (d) SENSE OF CONGRESS.—It is the sense of SEC. 610. ILLICITLY IMPORTED, EXPORTED, OR with that agreement, shall each submit to Congress that the Commissioner of Food and TRAFFICKED CULTURAL PROPERTY, Congress a report on the actions taken by Drugs should promptly establish a national ARCHAEOLOGICAL OR ETHNO- that official under subsection (d) in connec- standard of identity for honey for the Com- LOGICAL MATERIALS, AND FISH, tion with that agreement. missioner responsible for U.S. Customs and WILDLIFE, AND PLANTS. (f) COMPTROLLER GENERAL STUDY.— Border Protection to use to ensure that im- (a) IN GENERAL.—The Commissioner and (1) IN GENERAL.—The Comptroller General ports of honey are— the Director of U.S. Immigration and Cus- of the United States shall conduct a study (1) classified accurately for purposes of as- toms Enforcement shall ensure that appro- that includes the following: sessing duties; and priate personnel of U.S. Customs and Border (A) A comprehensive analysis of the trade (2) denied entry into the United States if Protection and U.S. Immigration and Cus- enforcement expenditures of each Federal such imports pose a threat to the health or toms Enforcement, as the case may be, are agency with responsibilities relating to trade safety of consumers in the United States. trained in the detection, identification, de- that specifies, with respect to each such Fed- tention, seizure, and forfeiture of cultural SEC. 609. INCLUSION OF INTEREST IN CERTAIN eral agency— DISTRIBUTIONS OF ANTIDUMPING property, archaeological or ethnological ma- (i) the amounts appropriated for trade en- DUTIES AND COUNTERVAILING DU- terials, and fish, wildlife, and plants, the im- forcement; and TIES. portation, exportation, or trafficking of (ii) the number of full-time employees car- (a) IN GENERAL.—The Secretary of Home- which violates the laws of the United States. rying out activities relating to trade en- land Security shall deposit all interest de- (b) TRAINING.—The Commissioner and the forcement. scribed in subsection (c) into the special ac- Director are authorized to accept training (B) Recommendations on the additional count established under section 754(e) of the and other support services from experts out- employees and resources that each such Fed- Tariff Act of 1930 (19 U.S.C. 1675c(e)) (re- side of the Federal Government with respect eral agency may need to effectively enforce pealed by subtitle F of title VII of the Deficit to the detection, identification, detention, the free trade agreements to which the Reduction Act of 2005 (Public Law 109–171; 120 seizure, and forfeiture of cultural property, United States is a party. Stat. 154)) for inclusion in distributions de- archaeological or ethnological materials, or (2) REPORT.—Not later than one year after scribed in subsection (b) made on or after the fish, wildlife, and plants described in sub- the date of the enactment of this Act, the date of the enactment of this Act. section (a). Comptroller General shall submit to Con- (b) DISTRIBUTIONS DESCRIBED.—Distribu- Subtitle B—Intellectual Property Rights gress a report on the results of the study tions described in this subsection are dis- Protection conducted under paragraph (1). tributions of antidumping duties and coun- SEC. 611. ESTABLISHMENT OF CHIEF INNOVA- (g) DEFINITIONS.—In this section: tervailing duties assessed on or after October TION AND INTELLECTUAL PROP- (1) ANTIDUMPING DUTY.—The term ‘‘anti- 1, 2000, that are made under section 754 of the ERTY NEGOTIATOR. dumping duty’’ means an antidumping duty Tariff Act of 1930 (19 U.S.C. 1675c) (repealed (a) IN GENERAL.—Section 141 of the Trade imposed under section 731 of the Tariff Act of by subtitle F of title VII of the Deficit Re- Act of 1974 (19 U.S.C. 2171) is amended— 1930 (19 U.S.C. 1673). duction Act of 2005 (Public Law 109–171; 120 (1) in subsection (b)(2), as amended by sec- (2) COUNTERVAILING DUTY.—The term Stat. 154)), with respect to entries of mer- tion 605(a) of this Act— ‘‘countervailing duty’’ means a counter- chandise— (A) by striking ‘‘and one Chief Manufac- vailing duty imposed under section 701 of the (1) made on or before September 30, 2007; turing Negotiator’’ and inserting ‘‘one Chief Tariff Act of 1930 (19 U.S.C. 1671). and Manufacturing Negotiator, and one Chief In- (3) WTO.—The term ‘‘WTO’’ means the (2) that were, in accordance with section novation and Intellectual Property Nego- World Trade Organization. 822 of the Claims Resolution Act of 2010 (19 tiator’’; (4) WTO AGREEMENT.—The term ‘‘WTO U.S.C. 1675c note), unliquidated, not in liti- (B) by striking ‘‘or the Chief Manufac- Agreement’’ has the meaning given that gation, and not under an order of liquidation turing Negotiator’’ and inserting ‘‘the Chief term in section 2(9) of the Uruguay Round from the Department of Commerce on De- Manufacturing Negotiator, or the Chief Inno- Agreements Act (19 U.S.C. 3501(9)). cember 8, 2010. vation and Intellectual Property Nego- (5) WTO AGREEMENTS.—The term ‘‘WTO (c) INTEREST DESCRIBED.— tiator’’; and Agreements’’ means the WTO Agreement and (1) INTEREST REALIZED.—Interest described (C) by striking ‘‘and the Chief Manufac- agreements annexed to that Agreement. in this subsection is interest earned on anti- turing Negotiator’’ and inserting ‘‘the Chief

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2887 Manufacturing Negotiator, and the Chief In- shall contain the benchmarks described in TITLE VII—CURRENCY MANIPULATION novation and Intellectual Property Nego- subparagraph (D) and be designed to assist Subtitle A—Investigation of Currency tiator’’; and the foreign country— Undervaluation (2) in subsection (c), as amended by section ‘‘(i) to achieve— SEC. 701. SHORT TITLE. 605(b) of this Act, by adding at the end the ‘‘(I) adequate and effective protection of This subtitle may be cited as the ‘‘Cur- following: intellectual property rights; and rency Undervaluation Investigation Act’’. ‘‘(7) The principal functions of the Chief In- ‘‘(II) fair and equitable market access for SEC. 702. INVESTIGATION OR REVIEW OF CUR- novation and Intellectual Property Nego- United States persons that rely upon intel- RENCY UNDERVALUATION UNDER tiator shall be to conduct trade negotiations lectual property protection; or COUNTERVAILING DUTY LAW. and to enforce trade agreements relating to ‘‘(ii) to make significant progress toward Subsection (c) of section 702 of the Tariff United States intellectual property and to achieving the goals described in clause (i). Act of 1930 (19 U.S.C. 1671a(c)) is amended by take appropriate actions to address acts, ‘‘(D) BENCHMARKS DESCRIBED.—The bench- adding at the end the following: policies, and practices of foreign govern- marks contained in an action plan developed ‘‘(6) CURRENCY UNDERVALUATION.—For pur- ments that have a significant adverse impact pursuant to subparagraph (A) are such legis- poses of a countervailing duty investigation on the value of United States innovation. lative, institutional, enforcement, or other under this subtitle in which the determina- The Chief Innovation and Intellectual Prop- actions as the Trade Representative deter- tions under clauses (i) and (ii) of paragraph erty Negotiator shall be a vigorous advocate mines to be necessary for the foreign coun- (1)(A) are affirmative, or a review under sub- on behalf of United States innovation and in- try to achieve the goals described in clause title C with respect to a countervailing duty tellectual property interests. The Chief Inno- (i) or (ii) of subparagraph (C). order, the administering authority shall ini- vation and Intellectual Property Negotiator ‘‘(2) FAILURE TO MEET ACTION PLAN BENCH- tiate an investigation to determine whether shall perform such other functions as the MARKS.—If, 1 year after the date on which an currency undervaluation by the government United States Trade Representative may di- action plan is developed under paragraph of a country or any public entity within the rect.’’. (1)(A), the President, in consultation with territory of a country is providing, directly (b) COMPENSATION.—Section 5314 of title 5, the Trade Representative, determines that or indirectly, a countervailable subsidy, if— United States Code, as amended by section the foreign country to which the action plan ‘‘(A) a petition filed by an interested party 605(c) of this Act, is further amended by in- applies has not substantially complied with (described in subparagraph (C), (D), (E), (F), serting after ‘‘Chief Manufacturing Nego- the benchmarks described in paragraph or (G) of section 771(9)) alleges the elements tiator, Office of the United States Trade (1)(D), the President may take appropriate necessary for the imposition of the duty im- Representative.’’ the following: action with respect to the foreign country. posed by section 701(a); and ‘‘Chief Innovation and Intellectual Prop- ‘‘(3) PRIORITY WATCH LIST DEFINED.—In this ‘‘(B) the petition is accompanied by infor- erty Negotiator, Office of the United States subsection, the term ‘priority watch list’ mation reasonably available to the peti- Trade Representative.’’. means the priority watch list established by tioner supporting those allegations.’’. (c) REPORT REQUIRED.—Not later than one the Trade Representative. SEC. 703. BENEFIT CALCULATION METHODOLOGY year after the appointment of the first Chief WITH RESPECT TO CURRENCY Innovation and Intellectual Property Nego- ‘‘(h) ANNUAL REPORT.—Not later than 30 UNDERVALUATION. tiator pursuant to paragraph (2) of section days after the date on which the Trade Rep- Section 771 of the Tariff Act of 1930 (19 141(b) of the Trade Act of 1974, as amended by resentative submits the National Trade Esti- U.S.C. 1677) is amended by adding at the end subsection (a), and annually thereafter, the mate under section 181(b), the Trade Rep- the following: United States Trade Representative shall resentative shall transmit to the Committee ‘‘(37) CURRENCY UNDERVALUATION BEN- submit to the Committee on Finance of the on Ways and Means of the House of Rep- EFIT.— ‘‘(A) CURRENCY UNDERVALUATION BENEFIT.— Senate and the Committee on Ways and resentatives and the Committee on Finance Means of the House of Representatives a re- For purposes of a countervailing duty inves- of the Senate a report on actions taken tigation under subtitle A, or a review under port describing in detail— under this section during the 12 months pre- (1) enforcement actions taken by the Trade subtitle C with respect to a countervailing ceding such report, and the reasons for such Representative during the year preceding the duty order, the following shall apply: submission of the report to ensure the pro- actions, including— ‘‘(i) IN GENERAL.—If the administering au- tection of United States innovation and in- ‘‘(1) any foreign countries identified under thority determines to investigate whether tellectual property interests; and subsection (a); currency undervaluation provides a (2) other actions taken by the Trade Rep- ‘‘(2) a description of progress made in countervailable subsidy, the administering resentative to advance United States innova- achieving improved intellectual property authority shall determine whether there is a tion and intellectual property interests. protection and market access for persons re- benefit to the recipient of that subsidy and lying on intellectual property rights; and measure such benefit by comparing the sim- SEC. 612. MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE PROTECTION ‘‘(3) a description of the action plans devel- ple average of the real exchange rates de- FOR INTELLECTUAL PROPERTY oped under subsection (g) and any actions rived from application of the macro- RIGHTS. taken by foreign countries under such economic-balance approach and the equi- (a) INCLUSION OF COUNTRIES THAT DENY plans.’’. librium-real-exchange-rate approach to the ADEQUATE PROTECTION OF TRADE SECRETS.— (2) AUTHORIZATION OF APPROPRIATIONS.— official daily exchange rate identified by the Section 182(d)(2) of the Trade Act of 1974 (19 (A) IN GENERAL.—There are authorized to administering authority. U.S.C. 2242(d)(2)) is amended by inserting ‘‘, be appropriated to the Office of the United ‘‘(ii) RELIANCE ON DATA.—In making the de- trade secrets,’’ after ‘‘copyrights’’. States Trade Representative such sums as termination under clause (i), the admin- (b) SPECIAL RULES FOR COUNTRIES ON THE may be necessary to provide assistance to istering authority shall rely upon data that PRIORITY WATCH LIST OF THE UNITED STATES any developing country to which an action are publicly available, reliable, and compiled TRADE REPRESENTATIVE.— plan applies under section 182(g) of the Trade and maintained by the International Mone- (1) IN GENERAL.—Section 182 of the Trade Act of 1974, as amended by paragraph (1), to tary Fund or the World Bank, or other inter- Act of 1974 (19 U.S.C. 2242) is amended by facilitate the efforts of the developing coun- national organizations or national govern- striking subsection (g) and inserting the fol- try to comply with the benchmarks con- ments if data from the International Mone- lowing: tained in the action plan. Such assistance tary Fund or World Bank are not available. ‘‘(g) SPECIAL RULES FOR FOREIGN COUN- may include capacity building, activities de- ‘‘(B) DEFINITIONS.—In this paragraph: TRIES ON THE PRIORITY WATCH LIST.— signed to increase awareness of intellectual ‘‘(i) MACROECONOMIC-BALANCE APPROACH.— ‘‘(1) ACTION PLANS.— property rights, and training for officials re- The term ‘macroeconomic-balance approach’ ‘‘(A) IN GENERAL.—Not later than 90 days sponsible for enforcing intellectual property means a methodology under which the level after the date on which the Trade Represent- rights in the developing country. of undervaluation of the real effective ex- ative submits the National Trade Estimate (B) DEVELOPING COUNTRY DEFINED.—In this change rate of the currency of the exporting under section 181(b), the Trade Representa- paragraph, the term ‘‘developing country’’ country is defined as the change in the real tive shall develop an action plan described in means a country classified by the World effective exchange rate needed to achieve subparagraph (C) with respect to each for- Bank as having a low-income or lower-mid- equilibrium in the balance of payments of eign country described in subparagraph (B). dle-income economy. the exporting country, as such methodology ‘‘(B) FOREIGN COUNTRY DESCRIBED.—The (3) RULE OF CONSTRUCTION.—Nothing in this is described in the guidelines of the Inter- Trade Representative shall develop an action subsection shall be construed as limiting the national Monetary Fund’s Consultative plan pursuant to subparagraph (A) with re- authority of the President or the United Group on Exchange Rate Issues, if available. spect to each foreign country that— States Trade Representative to develop ac- ‘‘(ii) EQUILIBRIUM-REAL-EXCHANGE-RATE AP- ‘‘(i) the Trade Representative has identi- tion plans other than action plans described PROACH.—The term ‘equilibrium-real-ex- fied for placement on the priority watch list; in section 182(g) of the Trade Act of 1974, as change-rate approach’ means a methodology and amended by paragraph (1), or to take any ac- under which the level of undervaluation of ‘‘(ii) has remained on such list for at least tion otherwise authorized by law in response the real effective exchange rate of the cur- 1 year. to the failure of a foreign country to provide rency of the exporting country is defined as ‘‘(C) ACTION PLAN DESCRIBED.—An action adequate and effective protection and en- the difference between the observed real ef- plan developed pursuant to subparagraph (A) forcement of intellectual property rights. fective exchange rate and the real effective

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2888 CONGRESSIONAL RECORD — SENATE May 13, 2015 exchange rate, as such methodology is de- (aa) a significant bilateral trade surplus of, goods or services from that country on scribed in the guidelines of the International with the United States; and and after such date. Monetary Fund’s Consultative Group on Ex- (bb) a material global current account sur- (C) Instruct the United States Executive change Rate Issues, if available. plus; and Director of the International Monetary Fund ‘‘(iii) REAL EXCHANGE RATES.—The term (IV) that has engaged in persistent one- to use the voice and vote of the United ‘real exchange rates’ means the bilateral ex- sided intervention in the foreign exchange States to call for additional rigorous surveil- change rates derived from converting the market. lance of the macroeconomic and exchange trade-weighted multilateral exchange rates (B) ENHANCED ANALYSIS.—Each enhanced rate policies of that country and, as appro- yielded by the macroeconomic-balance ap- analysis under subparagraph (A)(ii) shall in- priate, formal consultations on findings of proach and the equilibrium-real-exchange- clude, for each country with respect to which currency manipulation. rate approach into real bilateral terms.’’. an analysis is made under that subpara- (D) Instruct the United States Trade Rep- SEC. 704. MODIFICATION OF DEFINITION OF graph— resentative to take into account, in con- SPECIFICITY WITH RESPECT TO EX- (i) a description of developments in the sultation with the Secretary, in assessing PORT SUBSIDY. currency markets of that country, including, whether to enter into a bilateral or regional Section 771(5A)(B) of the Tariff Act of 1930 to the greatest extent feasible, developments trade agreement with that country or to ini- (19 U.S.C. 1677(5A)(B)) is amended by adding with respect to currency interventions; tiate or participate in negotiations with re- at the end the following new sentence: ‘‘The (ii) a description of trends in the real effec- spect to a bilateral or regional trade agree- fact that a subsidy may also be provided in tive exchange rate of the currency of that ment with that country, the extent to which circumstances that do not involve export country and in the degree of undervaluation that country has failed to adopt appropriate shall not, for that reason alone, mean that of that currency; policies to correct the undervaluation and the subsidy cannot be considered contingent (iii) an analysis of changes in the capital surpluses described in subsection (b)(1)(A). upon export performance.’’. controls and trade restrictions of that coun- (2) EXCEPTION.—The President may not SEC. 705. APPLICATION TO CANADA AND MEXICO. try; and apply a prohibition under paragraph (1)(B) Pursuant to article 1902 of the North Amer- (iv) patterns in the reserve accumulation with respect to a country that is a party to ican Free Trade Agreement and section 408 of that country. the Agreement on Government Procurement of the North American Free Trade Agree- (b) ENGAGEMENT ON EXCHANGE RATE AND or a free trade agreement to which the ment Implementation Act (19 U.S.C. 3438), ECONOMIC POLICIES.— United States is a party. the amendments made by this subtitle shall (1) IN GENERAL.—Except as provided in (3) CONSULTATIONS.— apply with respect to goods from Canada and paragraph (2), the President, through the (A) OFFICE OF MANAGEMENT AND BUDGET.— Mexico. Secretary, shall commence enhanced bilat- Before applying a prohibition under para- SEC. 706. EFFECTIVE DATE. eral engagement with each country for graph (1)(B), the President shall consult with The amendments made by this subtitle which an enhanced analysis of macro- the Director of the Office of Management apply to countervailing duty investigations economic and currency exchange rate poli- and Budget to determine whether such prohi- initiated under subtitle A of title VII of the cies is included in the report submitted bition would subject the taxpayers of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and under subsection (a), in order to— United States to unreasonable cost. reviews initiated under subtitle C of title VII (A) urge implementation of policies to ad- (B) CONGRESS.—The President shall consult of such Act (19 U.S.C. 1675 et seq.)— dress the causes of the undervaluation of its with the appropriate committees of Congress (1) before the date of the enactment of this currency, its bilateral trade surplus with the with respect to any action the President Act, if the investigation or review is pending United States, and its material global cur- takes under paragraph (1)(B), including a final determination as of such date of en- rent account surplus, including undervalu- whether the President has consulted as re- actment; and ation and surpluses relating to exchange rate quired under subparagraph (A). (2) on or after such date of enactment. management; (d) DEFINITIONS.—In this section: (1) AGREEMENT ON GOVERNMENT PROCURE- Subtitle B—Engagement on Currency (B) express the concern of the United MENT.—The term ‘‘Agreement on Govern- Exchange Rate and Economic Policies States with respect to the adverse trade and economic effects of that undervaluation and ment Procurement’’ means the agreement SEC. 711. ENHANCEMENT OF ENGAGEMENT ON those surpluses; referred to in section 101(d)(17) of the Uru- CURRENCY EXCHANGE RATE AND guay Round Agreements Act (19 U.S.C. ECONOMIC POLICIES WITH CERTAIN (C) develop measurable objectives for ad- MAJOR TRADING PARTNERS OF THE dressing that undervaluation and those sur- 3511(d)(17)). UNITED STATES. pluses; and (2) APPROPRIATE COMMITTEES OF CON- (a) MAJOR TRADING PARTNER REPORT.— (D) advise that country of the ability of GRESS.—The term ‘‘appropriate committees (1) IN GENERAL.—Not later than 180 days the President to take action under sub- of Congress’’ means— after the date of the enactment of this Act, section (c). (A) the Committee on Banking, Housing, and not less frequently than once every 180 (2) EXCEPTION.—The Secretary may deter- and Urban Affairs and the Committee on Fi- days thereafter, the Secretary shall submit mine not to enhance bilateral engagement nance of the Senate; and to the appropriate committees of Congress a with a country under paragraph (1) for which (B) the Committee on Financial Services report on the macroeconomic and currency an enhanced analysis of macroeconomic and and the Committee on Ways and Means of exchange rate policies of each country that exchange rate policies is included in the re- the House of Representatives. is a major trading partner of the United port submitted under subsection (a) if the (3) COUNTRY.—The term ‘‘country’’ means a States. Secretary submits to the appropriate com- foreign country, dependent territory, or pos- (2) ELEMENTS.— mittees of Congress a report that describes session of a foreign country, and may include (A) IN GENERAL.—Each report submitted how the currency and other macroeconomic an association of 2 or more foreign countries, under paragraph (1) shall contain— policies of that country are addressing the dependent territories, or possessions of coun- (i) for each country that is a major trading undervaluation and surpluses specified in tries into a customs union outside the partner of the United States— paragraph (1)(A) with respect to that coun- United States. (I) that country’s bilateral trade balance try, including undervaluation and surpluses (4) REAL EFFECTIVE EXCHANGE RATE.—The with the United States; relating to exchange rate management. term ‘‘real effective exchange rate’’ means a (II) that country’s current account balance (c) REMEDIAL ACTION.— weighted average of bilateral exchange rates, as a percentage of its gross domestic prod- (1) IN GENERAL.—If, on the date that is one expressed in price-adjusted terms. uct; year after the commencement of enhanced (5) SECRETARY.—The term ‘‘Secretary’’ (III) the change in that country’s current bilateral engagement by the President with means the Secretary of the Treasury. account balance as a percentage of its gross respect to a country under subsection (b)(1), SEC. 712. ADVISORY COMMITTEE ON INTER- domestic product during the 3-year period the country has failed to adopt appropriate NATIONAL EXCHANGE RATE POLICY. preceding the submission of the report; policies to correct the undervaluation and (a) ESTABLISHMENT.— (IV) that country’s foreign exchange re- surpluses described in subsection (b)(1)(A) (1) IN GENERAL.—There is established an serves as a percentage of its short-term debt; with respect to that country, the President Advisory Committee on International Ex- and may take one or more of the following ac- change Rate Policy (in this section referred (V) that country’s foreign exchange re- tions: to as the ‘‘Committee’’). serves as a percentage of its gross domestic (A) Prohibit the Overseas Private Invest- (2) DUTIES.—The Committee shall be re- product; and ment Corporation from approving any new sponsible for advising the Secretary of the (ii) an enhanced analysis of macro- financing (including any insurance, reinsur- Treasury with respect to the impact of inter- economic and exchange rate policies for each ance, or guarantee) with respect to a project national exchange rates and financial poli- country— located in that country on and after such cies on the economy of the United States. (I) that is a major trading partner of the date. (b) MEMBERSHIP.— United States; (B) Except as provided in paragraph (2), (1) IN GENERAL.—The Committee shall be (II) the currency of which is persistently and pursuant to paragraph (3), prohibit the composed of 9 members as follows, none of and substantially undervalued; Federal Government from procuring, or en- whom shall be employees of the Federal Gov- (III) that has— tering into any contract for the procurement ernment:

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2889 (A) Three members shall be appointed by TITLE VIII—PROCESS FOR CONSIDER- tion of such 60-day period, the Commission the President pro tempore of the Senate, ATION OF TEMPORARY DUTY SUSPEN- shall submit to the appropriate congres- upon the recommendation of the chairmen SIONS AND REDUCTIONS sional committees the proposed duty suspen- and ranking members of the Committee on SEC. 801. SHORT TITLE. sions and reductions submitted under para- Banking, Housing, and Urban Affairs and the This title may be cited as the ‘‘American graph (1)(A) and the Commission disclosure Committee on Finance of the Senate. Manufacturing Competitiveness Act of 2015’’. forms with respect to such duty suspensions (B) Three members shall be appointed by and reductions submitted under paragraph the Speaker of the House of Representatives SEC. 802. SENSE OF CONGRESS ON THE NEED (1)(B). FOR A MISCELLANEOUS TARIFF upon the recommendation of the chairmen BILL. (B) PUBLIC AVAILABILITY OF PROPOSED DUTY and ranking members of the Committee on SUSPENSIONS AND REDUCTIONS.—Not later (a) FINDINGS.—Congress makes the fol- Financial Services and the Committee on lowing findings: than 15 days after the expiration of the 60- Ways and Means of the House of Representa- (1) As of the date of the enactment of this day period specified in paragraph (1), the tives. Act, the Harmonized Tariff Schedule of the Commission shall publish on a publicly (C) Three members shall be appointed by United States imposes duties on imported available Internet website of the Commis- the President. goods for which there is no domestic avail- sion the proposed duty suspensions and re- (2) QUALIFICATIONS.—Members shall be se- ability or insufficient domestic availability. ductions submitted under paragraph (1)(A) lected under paragraph (1) on the basis of (2) The imposition of duties on such goods and the Commission disclosure forms with their objectivity and demonstrated expertise creates artificial distortions in the economy respect to such duty suspensions and reduc- in finance, economics, or currency exchange. of the United States that negatively affect tions submitted under paragraph (1)(B). (3) TERMS.— United States manufacturers and consumers. (C) COMMISSION REPORTS TO CONGRESS.—Not (A) IN GENERAL.—Members shall be ap- (3) It is in the interests of the United later than the end of the 90-day period begin- pointed for a term of 2 years or until the ning on the date of publication of the pro- Committee terminates. States to update the Harmonized Tariff Schedule every 3 years to eliminate such ar- posed duty suspensions and reductions under (B) REAPPOINTMENT.—A member may be re- tificial distortions by suspending or reducing subparagraph (B), the Commission shall sub- appointed to the Committee for additional mit to the appropriate congressional com- terms. duties on such goods. (4) The manufacturing competitiveness of mittees a report on each proposed duty sus- (4) VACANCIES.—Any vacancy in the Com- pension or reduction submitted pursuant to mittee shall not affect its powers, but shall the United States around the world will be enhanced if Congress regularly and predict- subsection (b)(1) or paragraph (1)(A) that be filled in the same manner as the original contains the following information: appointment. ably updates the Harmonized Tariff Schedule to suspend or reduce duties on such goods. (i) A determination of whether or not do- (c) DURATION OF COMMITTEE.— mestic production of the article that is the (1) IN GENERAL.—The Committee shall ter- (b) SENSE OF CONGRESS.—It is the sense of Congress that, to remove the competitive subject of the proposed duty suspension or minate on the date that is 2 years after the reduction exists and, if such production ex- date of the enactment of this Act unless re- disadvantage to United States manufactures and consumers resulting from an outdated ists, whether or not a domestic producer of newed by the President for a subsequent 2- the article objects to the proposed duty sus- year period. Harmonized Tariff Schedule and to promote the competitiveness of United States manu- pension or reduction. (2) CONTINUED RENEWAL.—The President (ii) Any technical changes to the article may continue to renew the Committee for facturers, Congress should consider a mis- description that are necessary for purposes successive 2-year periods by taking appro- cellaneous tariff bill not later than 180 days of administration when articles are pre- priate action to renew the Committee prior after the United States International Trade sented for importation. to the date on which the Committee would Commission and the Department of Com- (iii) The amount of tariff revenue that otherwise terminate. merce issue reports on proposed duty suspen- would no longer be collected if the proposed (d) MEETINGS.—The Committee shall hold sions and reductions under this title. not less than 2 meetings each calendar year. duty suspension or reduction takes effect. SEC. 803. PROCESS FOR CONSIDERATION OF (iv) A determination of whether or not the (e) CHAIRPERSON.— DUTY SUSPENSIONS AND REDUC- (1) IN GENERAL.—The Committee shall elect TIONS. proposed duty suspension or reduction is available to any person that imports the ar- from among its members a chairperson for a (a) PURPOSE.—It is the purpose of this sec- term of 2 years or until the Committee ter- tion to establish a process by the appropriate ticle that is the subject of the proposed duty minates. congressional committees, in conjunction suspension or reduction. (2) REELECTION; SUBSEQUENT TERMS.—A with the Commission pursuant to its au- (3) PROCEDURES.—The Commission shall chairperson of the Committee may be re- thorities under section 332 of the Tariff Act prescribe and publish on a publicly available elected chairperson but is ineligible to serve of 1930 (19 U.S.C. 1332), for the submission Internet website of the Commission proce- consecutive terms as chairperson. and consideration of proposed duty suspen- dures for complying with the requirements (f) STAFF.—The Secretary of the Treasury sions and reductions. of this subsection. UTHORITIES DESCRIBED shall make available to the Committee such (b) ESTABLISHMENT.—Not later than Octo- (4) A .—The Commis- staff, information, personnel, administrative ber 15, 2015, and October 15, 2018, the appro- sion shall carry out this subsection pursuant services, and assistance as the Committee priate congressional committees shall estab- to its authorities under section 332 of the may reasonably require to carry out the ac- lish and, on the same day, publish on their Tariff Act of 1930 (19 U.S.C. 1332). (d) DEPARTMENT OF COMMERCE REPORT.— tivities of the Committee. respective publicly available Internet (g) APPLICATION OF THE FEDERAL ADVISORY Not later than the end of the 90-day period websites a process— COMMITTEE ACT.— beginning on the date of publication of the (1) to provide for the submission and con- (1) IN GENERAL.—Except as provided in proposed duty suspensions and reductions paragraph (2), the provisions of the Federal sideration of legislation containing proposed under subsection (c)(2)(B), the Secretary of Advisory Committee Act (5 U.S.C. App.) duty suspensions and reductions in a manner Commerce, in consultation with U.S. Cus- shall apply to the Committee. that, to the maximum extent practicable, is toms and Border Protection and other rel- consistent with the requirements described (2) EXCEPTION.—Meetings of the Committee evant Federal agencies, shall submit to the shall be exempt from the requirements of in subsection (c); and appropriate congressional committees a re- subsections (a) and (b) of section 10 and sec- (2) to include in a miscellaneous tariff bill port on each proposed duty suspension and tion 11 of the Federal Advisory Committee those duty suspensions and reductions that reduction submitted pursuant to subsection Act (relating to open meetings, public no- meet the requirements of this title. (b)(1) or (c)(1)(A) that includes the following tice, public participation, and public avail- (c) REQUIREMENTS OF COMMISSION.— information: ability of documents), whenever and to the (1) INITIATION.—Not later than October 15, (1) A determination of whether or not do- extent it is determined by the President or 2015, and October 15, 2018, the Commission mestic production of the article that is the the Secretary of the Treasury that such shall publish in the Federal Register and on subject of the proposed duty suspension or meetings will be concerned with matters the a publicly available Internet website of the reduction exists and, if such production ex- disclosure of which— Commission a notice requesting members of ists, whether or not a domestic producer of (A) would seriously compromise the devel- the public to submit to the Commission dur- the article objects to the proposed duty sus- opment by the Government of the United ing the 60-day period beginning on the date pension or reduction. States of monetary or financial policy; or of such publication— (2) Any technical changes to the article de- (B) is likely to— (A) proposed duty suspensions and reduc- scription that are necessary for purposes of (i) lead to significant financial speculation tions; and administration when articles are presented in currencies, securities, or commodities; or (B) Commission disclosure forms with re- for importation. (ii) significantly endanger the stability of spect to such duty suspensions and reduc- (e) RULE OF CONSTRUCTION.—A proposed any financial institution. tions. duty suspension or reduction submitted (h) AUTHORIZATION OF APPROPRIATIONS.— (2) REVIEW.— under this section by a Member of Congress There are authorized to be appropriated to (A) COMMISSION SUBMISSION TO CONGRESS.— shall receive treatment no more favorable the Secretary of the Treasury for each fiscal As soon as practicable after the expiration of than the treatment received by a proposed year in which the Committee is in effect the 60-day period specified in paragraph (1), duty suspension or reduction submitted $1,000,000 to carry out this section. but not later than 15 days after the expira- under this section by a member of the public.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2890 CONGRESSIONAL RECORD — SENATE May 13, 2015 SEC. 804. REPORT ON EFFECTS OF DUTY SUSPEN- (ii) the estimated loss in revenue to the (2) in paragraph (2)(A), by striking ‘‘not SIONS AND REDUCTIONS ON UNITED United States from the duty suspension or later than 30 days prior to the finalization STATES ECONOMY. reduction does not exceed $500,000 in a cal- of’’ and inserting ‘‘not later than 60 days be- (a) IN GENERAL.—Not later than May 1, endar year during which the duty suspension fore proposing, and not later than 60 days be- 2018, and May 1, 2020, the Commission shall or reduction would be in effect, as deter- fore finalizing,’’. submit to the appropriate congressional mined by the Congressional Budget Office; committees a report on the effects on the SEC. 903. PENALTIES FOR CUSTOMS BROKERS. and (a) IN GENERAL.—Section 641(d)(1) of the United States economy of temporary duty (iii) the duty suspension or reduction is suspensions and reductions enacted pursuant Tariff Act of 1930 (19 U.S.C. 1641(d)(1)) is available to any person importing the article amended— to this title, including a broad assessment of that is the subject of the duty suspension or the economic effects of such duty suspen- (1) in subparagraph (E), by striking ‘‘; or’’ reduction. and inserting a semicolon; sions and reductions on producers, pur- (6) MEMBER OF CONGRESS.—The term chasers, and consumers in the United States, (2) in subparagraph (F), by striking the pe- ‘‘Member of Congress’’ means a Senator or a riod and inserting ‘‘; or’’; and using case studies describing such effects on Representative in, or Delegate or Resident selected industries or by type of article as (3) by adding at the end the following: Commissioner to, Congress. ‘‘(G) has been convicted of committing or available data permit. (7) MISCELLANEOUS TARIFF BILL.—The term conspiring to commit an act of terrorism de- (b) RECOMMENDATIONS.—The Commission ‘‘miscellaneous tariff bill’’ means a bill of ei- scribed in section 2332b of title 18, United shall also solicit and append to the report re- ther House of Congress that contains only— States Code.’’. quired under subsection (a) recommenda- (A) duty suspensions and reductions that— (b) TECHNICAL AMENDMENTS.—Section 641 tions with respect to those domestic indus- (i) meet the applicable requirements for— try sectors or specific domestic industries of the Tariff Act of 1930 (19 U.S.C. 1641) is (I) consideration of duty suspensions and that might benefit from permanent duty sus- amended— reductions described in section 803; or pensions and reductions or elimination of du- (1) by striking ‘‘the Customs Service’’ each (II) any other process required under the ties, either through a unilateral action of place it appears and inserting ‘‘U.S. Customs Rules of the House of Representatives or the the United States or though negotiations for and Border Protection’’; Senate; and reciprocal tariff agreements, with a par- (2) in subsection (d)(2)(B), by striking ‘‘The (ii) are not the subject of an objection be- ticular focus on inequities created by tariff Customs Service’’ and inserting ‘‘U.S. Cus- cause such duty suspensions and reductions inversions. toms and Border Protection’’; and do not comply with the requirements of this (c) FORM OF REPORT.—Each report required (3) in subsection (g)(2)(B), by striking title from— by this section shall be submitted in unclas- ‘‘Secretary’s notice’’ and inserting ‘‘notice (I) a Member of Congress; or sified form, but may include a classified under subparagraph (A)’’. annex. (II) a domestic producer, as contained in comments submitted to the appropriate con- SEC. 904. AMENDMENTS TO CHAPTER 98 OF THE SEC. 805. JUDICIAL REVIEW PRECLUDED. HARMONIZED TARIFF SCHEDULE OF The exercise of functions under this title gressional committees, the Commission, or THE UNITED STATES. the Department of Commerce under section shall not be subject to judicial review. (a) ARTICLES EXPORTED AND RETURNED, AD- 803; and SEC. 806. DEFINITIONS. VANCED OR IMPROVED ABROAD.— (B) provisions included in bills introduced In this title: (1) IN GENERAL.—U.S. Note 3 to subchapter in the House of Representatives or the Sen- (1) APPROPRIATE CONGRESSIONAL COMMIT- II of chapter 98 of the Harmonized Tariff ate pursuant to a process described in sub- TEES.—The term ‘‘appropriate congressional Schedule of the United States is amended by paragraph (A)(i)(II) that correct an error in committees’’ means the Committee on Ways adding at the end the following: the text or administration of a provision of and Means of the House of Representatives ‘‘(f)(1) For purposes of subheadings the Harmonized Tariff Schedule of the and the Committee on Finance of the Sen- 9802.00.40 and 9802.00.50, fungible articles ex- United States. ate. ported from the United States for the pur- (2) COMMISSION.—The term ‘‘Commission’’ TITLE IX—MISCELLANEOUS PROVISIONS poses described in such subheadings— means the United States International Trade SEC. 901. DE MINIMIS VALUE. ‘‘(A) may be commingled; and Commission. (a) FINDINGS.—Congress makes the fol- ‘‘(B) the origin, value, and classification of (3) COMMISSION DISCLOSURE FORM.—The lowing findings: such articles may be accounted for using an term ‘‘Commission disclosure form’’ means, (1) Modernizing international customs is inventory management method. with respect to a proposed duty suspension critical for United States businesses of all ‘‘(2) If a person chooses to use an inventory or reduction, a document submitted by a sizes, consumers in the United States, and management method under this paragraph member of the public to the Commission the economic growth of the United States. with respect to fungible articles, the person that contains the following: (2) Higher thresholds for the value of arti- shall use the same inventory management (A) The contact information for any known cles that may be entered informally and free method for any other articles with respect to importers of the article to which the pro- of duty provide significant economic benefits which the person claims fungibility under posed duty suspension or reduction would to businesses and consumers in the United this paragraph. apply. States and the economy of the United States ‘‘(3) For the purposes of this paragraph— (B) A certification by the member of the through costs savings and reductions in ‘‘(A) the term ‘fungible articles’ means public that the proposed duty suspension or trade transaction costs. merchandise or articles that, for commercial reduction is available to any person import- (b) SENSE OF CONGRESS.—It is the sense of purposes, are identical or interchangeable in ing the article to which the proposed duty Congress that the United States Trade Rep- all situations; and suspension or reduction would apply. resentative should encourage other coun- ‘‘(B) the term ‘inventory management (4) DOMESTIC PRODUCER.—The term ‘‘do- tries, through bilateral, regional, and multi- method’ means any method for managing in- mestic producer’’ means a person that dem- lateral fora, to establish commercially ventory that is based on generally accepted onstrates production, or imminent produc- meaningful de minimis values for express accounting principles.’’. and postal shipments that are exempt from tion, in the United States of an article that (2) EFFECTIVE DATE.—The amendment is identical to, or like or directly competi- customs duties and taxes and from certain made by this subsection applies to articles entry documentation requirements, as ap- tive with, an article to which a proposed classifiable under subheading 9802.00.40 or propriate. duty suspension or reduction would apply. 9802.00.50 of the Harmonized Tariff Schedule (c) DE MINIMIS VALUE.—Section 321(a)(2)(C) (5) DUTY SUSPENSION OR REDUCTION.— of the Tariff Act of 1930 (19 U.S.C. of the United States that are entered, or (A) IN GENERAL.—The term ‘‘duty suspen- 1321(a)(2)(C)) is amended by striking ‘‘$200’’ withdrawn from warehouse for consumption, sion or reduction’’ means an amendment to and inserting ‘‘$800’’. on or after the date that is 60 days after the subchapter II of chapter 99 of the Har- (d) EFFECTIVE DATE.—The amendment date of the enactment of this Act. monized Tariff Schedule of the United States made by subsection (c) shall apply with re- (b) MODIFICATION OF PROVISIONS RELATING that— spect to articles entered, or withdrawn from TO RETURNED PROPERTY.— (i)(I) extends an existing temporary duty warehouse for consumption, on or after the (1) IN GENERAL.—The article description for suspension or reduction of duty on an article 15th day after the date of the enactment of heading 9801.00.10 of the Harmonized Tariff under that subchapter; or this Act. Schedule of the United States is amended by (II) provides for a new temporary duty sus- SEC. 902. CONSULTATION ON TRADE AND CUS- inserting after ‘‘exported’’ the following: ‘‘, pension or reduction of duty on an article TOMS REVENUE FUNCTIONS. or any other products when returned within under that subchapter; and Section 401(c) of the Safety and Account- 3 years after having been exported’’. (ii) otherwise meets the requirements de- ability for Every Port Act (6 U.S.C. 115(c)) is (2) EFFECTIVE DATE.—The amendment scribed in subparagraph (B). amended— made by paragraph (1) applies to articles en- (B) REQUIREMENTS.—A duty suspension or (1) in paragraph (1), by striking ‘‘on De- tered, or withdrawn from warehouse for con- reduction meets the requirements described partment policies and actions that have’’ sumption, on or after the date that is 60 days in this subparagraph if— and inserting ‘‘not later than 30 days after after the date of the enactment of this Act. (i) the duty suspension or reduction can be proposing, and not later than 30 days before (c) DUTY-FREE TREATMENT FOR CERTAIN administered by U.S. Customs and Border finalizing, any Department policies, initia- UNITED STATES GOVERNMENT PROPERTY RE- Protection; tives, or actions that will have’’; and TURNED TO THE UNITED STATES.—

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(1) IN GENERAL.—Subchapter I of chapter 98 United States is amended by inserting in nu- of the Harmonized Tariff Schedule of the merical sequence the following new heading:

‘‘ 9801.00.11 United States Government property, returned to the United States with- out having been advanced in value or improved in condition by any means while abroad, entered by the United States Government or a con- tractor to the United States Government, and certified by the importer as United States Government property ...... Free ’’. (2) EFFECTIVE DATE.—The amendment HTS subheading number as such imported ‘‘(i) considered imported merchandise, or made by paragraph (1) applies to goods en- merchandise is’’; merchandise classifiable under the same 8- tered, or withdrawn from warehouse for con- (3) by striking ‘‘three years’’ and inserting digit HTS subheading number as such im- sumption, on or after the date that is 60 days ‘‘5 years’’; ported merchandise, used in the manufacture after the date of the enactment of this Act. (4) by striking ‘‘the receipt of such im- or production of an article as described in SEC. 905. EXEMPTION FROM DUTY OF RESIDUE ported merchandise by the manufacturer or paragraph (1); and OF BULK CARGO CONTAINED IN IN- producer of such articles’’ and inserting ‘‘the ‘‘(ii) substituted for source material con- STRUMENTS OF INTERNATIONAL date of importation of such imported mer- taining that sought chemical element, with- TRAFFIC PREVIOUSLY EXPORTED chandise’’; out regard to whether the sought chemical FROM THE UNITED STATES. (5) by inserting ‘‘or articles classifiable element and the source material are classifi- (a) IN GENERAL.—General Note 3(e) of the under the same 8-digit HTS subheading num- able under the same 8-digit HTS subheading Harmonized Tariff Schedule of the United ber as such articles,’’ after ‘‘any such arti- number, and apportioned quantitatively, as States is amended— cles,’’; appropriate. (1) in subparagraph (v), by striking ‘‘and’’ (6) by striking ‘‘an amount of drawback ‘‘(B) SOUGHT CHEMICAL ELEMENT DEFINED.— at the end; equal to’’ and all that follows through the In this paragraph, the term ‘sought chemical (2) in subparagraph (vi), by adding ‘‘and’’ end period and inserting ‘‘an amount cal- element’ means an element listed in the at the end; culated pursuant to regulations prescribed Periodic Table of Elements that is imported (3) by inserting after subparagraph (vi) (as by the Secretary of the Treasury under sub- into the United States or a chemical com- so amended) the following new subparagraph: section (l), but only if those articles have not pound consisting of those elements, either ‘‘(vii) residue of bulk cargo contained in been used prior to such exportation or de- separately in elemental form or contained in instruments of international traffic pre- struction.’’; and source material.’’. viously exported from the United States,’’; (7) by adding at the end the following: (c) MERCHANDISE NOT CONFORMING TO SAM- and ‘‘(2) REQUIREMENTS RELATING TO TRANSFER PLE OR SPECIFICATIONS.—Section 313(c) of the (4) by adding at the end of the flush text OF MERCHANDISE.— Tariff Act of 1930 (19 U.S.C. 1313(c)) is amend- following subparagraph (vii) (as so added) ‘‘(A) MANUFACTURERS AND PRODUCERS.— ed— the following: ‘‘For purposes of subparagraph Drawback shall be allowed under paragraph (1) in paragraph (1)— (vii) of this paragraph: The term ‘residue’ (1) with respect to an article manufactured (A) in subparagraph (C)(ii), by striking means material of bulk cargo that remains or produced using imported merchandise or ‘‘under a certificate of delivery’’ each place in an instrument of international traffic other merchandise classifiable under the it appears; after the bulk cargo is removed, with a quan- same 8-digit HTS subheading number as such (B) in subparagraph (D)— tity, by weight or volume, not exceeding 7 imported merchandise only if the manufac- (i) by striking ‘‘3’’ and inserting ‘‘5’’; and percent of the bulk cargo, and with no or de turer or producer of the article received such (ii) by striking ‘‘the Customs Service’’ and minimis value. The term ‘bulk cargo’ means imported merchandise or such other mer- inserting ‘‘U.S. Customs and Border Protec- cargo that is unpackaged and is in either chandise, directly or indirectly, from the im- tion’’; and solid, liquid, or gaseous form. The term ‘in- porter. (C) in the flush text at the end, by striking struments of international traffic’ means ‘‘(B) EXPORTERS AND DESTROYERS.—Draw- ‘‘the full amount of the duties paid upon containers or holders, capable of and suitable back shall be allowed under paragraph (1) such merchandise, less 1 percent,’’ and in- for repeated use, such as lift vans, cargo with respect to a manufactured or produced serting ‘‘an amount calculated pursuant to vans, shipping tanks, skids, pallets, caul article that is exported or destroyed only if regulations prescribed by the Secretary of boards, and cores for textile fabrics, arriving the exporter or destroyer received that arti- the Treasury under subsection (l)’’; (whether loaded or empty) in use or to be cle or an article classifiable under the same (2) in paragraph (2), by striking ‘‘the Cus- used in the shipment of merchandise in 8-digit HTS subheading number as that arti- toms Service’’ and inserting ‘‘U.S. Customs international traffic, and any additional ar- cle, directly or indirectly, from the manufac- and Border Protection’’; and ticles or classes of articles that the Commis- turer or producer. (3) by amending paragraph (3) to read as sioner responsible for U.S. Customs and Bor- ‘‘(C) EVIDENCE OF TRANSFER.—Transfers of follows: der Protection designates as instruments of merchandise under subparagraph (A) and ‘‘(3) EVIDENCE OF TRANSFERS.—Transfers of international traffic.’’. transfers of articles under subparagraph (B) merchandise under paragraph (1) may be evi- (b) EFFECTIVE DATE.—The amendments may be evidenced by business records kept in denced by business records kept in the nor- made by subsection (a) take effect on the the normal course of business and no addi- mal course of business and no additional cer- date of the enactment of this Act and apply tional certificates of transfer or manufac- tificates of transfer shall be required.’’. with respect to residue of bulk cargo con- ture shall be required. (d) PROOF OF EXPORTATION.—Section 313(i) tained in instruments of international traffic ‘‘(3) SUBMISSION OF BILL OF MATERIALS OR of the Tariff Act of 1930 (19 U.S.C. 1313(i)) is that are imported into the customs territory FORMULA.— amended to read as follows: of the United States on or after such date of ‘‘(A) IN GENERAL.—Drawback shall be al- ‘‘(i) PROOF OF EXPORTATION.—A person enactment and that previously have been ex- lowed under paragraph (1) with respect to an claiming drawback under this section based ported from the United States. article manufactured or produced using im- on the exportation of an article shall provide SEC. 906. DRAWBACK AND REFUNDS. ported merchandise or other merchandise proof of the exportation of the article. Such (a) ARTICLES MADE FROM IMPORTED MER- classifiable under the same 8-digit HTS sub- proof of exportation— CHANDISE.—Section 313(a) of the Tariff Act of heading number as such imported merchan- ‘‘(1) shall establish fully the date and fact 1930 (19 U.S.C. 1313(a)) is amended by striking dise only if the person making the drawback of exportation and the identity of the ex- ‘‘the full amount of the duties paid upon the claim submits with the claim a bill of mate- porter; and merchandise so used shall be refunded as rials or formula identifying the merchandise ‘‘(2) may be established through the use of drawback, less 1 per centum of such duties, and article by the 8-digit HTS subheading records kept in the normal course of business except that such’’ and inserting ‘‘an amount number and the quantity of the merchandise. or through an electronic export system of calculated pursuant to regulations pre- ‘‘(B) BILL OF MATERIALS AND FORMULA DE- the United States Government, as deter- scribed by the Secretary of the Treasury FINED.—In this paragraph, the terms ‘bill of mined by the Commissioner responsible for under subsection (l) shall be refunded as materials’ and ‘formula’ mean records kept U.S. Customs and Border Protection.’’. drawback, except that’’. in the normal course of business that iden- (e) UNUSED MERCHANDISE DRAWBACK.—Sec- (b) SUBSTITUTION FOR DRAWBACK PUR- tify each component incorporated into a tion 313(j) of the Tariff Act of 1930 (19 U.S.C. POSES.—Section 313(b) of the Tariff Act of manufactured or produced article or that 1313(j)) is amended— 1930 (19 U.S.C. 1313(b)) is amended— identify the quantity of each element, mate- (1) in paragraph (1)— (1) by striking ‘‘If imported’’ and inserting rial, chemical, mixture, or other substance (A) in subparagraph (A), in the matter pre- the following: incorporated into a manufactured article. ceding clause (i)— ‘‘(1) IN GENERAL.—If imported’’; ‘‘(4) SPECIAL RULE FOR SOUGHT CHEMICAL (i) by striking ‘‘3-year’’ and inserting ‘‘5- (2) by striking ‘‘and any other merchandise ELEMENTS.— year’’; and (whether imported or domestic) of the same ‘‘(A) IN GENERAL.—For purposes of para- (ii) by inserting ‘‘and before the drawback kind and quality are’’ and inserting ‘‘or mer- graph (1), a sought chemical element may claim is filed’’ after ‘‘the date of importa- chandise classifiable under the same 8-digit be— tion’’; and

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2892 CONGRESSIONAL RECORD — SENATE May 13, 2015 (B) in the flush text at the end, by striking the imported merchandise, without regard to retary shall submit to Congress a report on ‘‘99 percent of the amount of each duty, tax, whether the Schedule B number corresponds the status of those regulations.’’. or fee so paid’’ and inserting ‘‘an amount cal- to more than one 8-digit HTS subheading (h) SUBSTITUTION OF FINISHED PETROLEUM culated pursuant to regulations prescribed number. DERIVATIVES.—Section 313(p) of the Tariff by the Secretary of the Treasury under sub- ‘‘(B) In this paragraph, the term ‘Schedule Act of 1930 (19 U.S.C. 1313(p)) is amended— section (l)’’; B’ means the Department of Commerce (1) by striking ‘‘Harmonized Tariff Sched- (2) in paragraph (2)— Schedule B, Statistical Classification of Do- ule of the United States’’ each place it ap- (A) in the matter preceding subparagraph mestic and Foreign Commodities Exported pears and inserting ‘‘HTS’’; and (A), by striking ‘‘paragraph (4)’’ and insert- from the United States.’’. (2) in paragraph (3)(A)— ing ‘‘paragraphs (4), (5), and (6)’’; (f) LIABILITY FOR DRAWBACK CLAIMS.—Sec- (A) in clause (ii)(III), by striking ‘‘, as so (B) in subparagraph (A), by striking ‘‘com- tion 313(k) of the Tariff Act of 1930 (19 U.S.C. certified in a certificate of delivery or cer- mercially interchangeable with’’ and insert- 1313(k)) is amended to read as follows: tificate of manufacture and delivery’’; and ing ‘‘classifiable under the same 8-digit HTS ‘‘(k) LIABILITY FOR DRAWBACK CLAIMS.— (B) in the flush text at the end— subheading number as’’; ‘‘(1) IN GENERAL.—Any person making a (i) by striking ‘‘, as so designated on the claim for drawback under this section shall (C) in subparagraph (B)— certificate of delivery or certificate of manu- be liable for the full amount of the drawback (i) by striking ‘‘3-year’’ and inserting ‘‘5- facture and delivery’’; and claimed. year’’; and (ii) by striking the last sentence and in- ‘‘(2) LIABILITY OF IMPORTERS.—An importer (ii) by inserting ‘‘and before the drawback serting the following: ‘‘The party transfer- shall be liable for any drawback claim made claim is filed’’ after ‘‘the imported merchan- ring the merchandise shall maintain records by another person with respect to merchan- dise’’; kept in the normal course of business to dise imported by the importer in an amount (D) in subparagraph (C)(ii), by striking sub- demonstrate the transfer.’’. clause (II) and inserting the following: equal to the lesser of— (i) PACKAGING MATERIAL.—Section 313(q) of ‘‘(II) received the imported merchandise, ‘‘(A) the amount of duties, taxes, and fees that the person claimed with respect to the the Tariff Act of 1930 (19 U.S.C. 1313(q)) is other merchandise classifiable under the amended— same 8-digit HTS subheading number as such imported merchandise; or ‘‘(B) the amount of duties, taxes, and fees (1) in paragraph (1), by striking ‘‘of 99 per- imported merchandise, or any combination cent of any duty, tax, or fee imposed under of such imported merchandise and such other that the importer authorized the other per- Federal law on such imported material’’ and merchandise, directly or indirectly from the son to claim with respect to the imported inserting ‘‘in an amount calculated pursuant person who imported and paid any duties, merchandise. to regulations prescribed by the Secretary of taxes, and fees imposed under Federal law ‘‘(3) JOINT AND SEVERAL LIABILITY.—Per- the Treasury under subsection (l)’’; upon importation or entry and due on the sons described in paragraphs (1) and (2) shall (2) in paragraph (2), by striking ‘‘of 99 per- imported merchandise (and any such trans- be jointly and severally liable for the cent of any duty, tax, or fee imposed under ferred merchandise, regardless of its origin, amount described in paragraph (2).’’. Federal law on the imported or substituted will be treated as the imported merchandise (g) REGULATIONS.—Section 313(l) of the merchandise used to manufacture or produce and any retained merchandise will be treated Tariff Act of 1930 (19 U.S.C. 1313(l)) is amend- such material’’ and inserting ‘‘in an amount as domestic merchandise);’’; and ed to read as follows: (E) in the flush text at the end— ‘‘(l) REGULATIONS.— calculated pursuant to regulations pre- (i) by striking ‘‘the amount of each such ‘‘(1) IN GENERAL.—Allowance of the privi- scribed by the Secretary of the Treasury duty, tax, and fee’’ and all that follows leges provided for in this section shall be under subsection (l)’’; and through ‘‘99 percent of that duty, tax, or fee’’ subject to compliance with such rules and (3) in paragraph (3), by striking ‘‘they con- and inserting ‘‘an amount calculated pursu- regulations as the Secretary of the Treasury tain’’ and inserting ‘‘it contains’’. ant to regulations prescribed by the Sec- shall prescribe. (j) FILING OF DRAWBACK CLAIMS.—Section retary of the Treasury under subsection (l) ‘‘(2) CALCULATION OF DRAWBACK.— 313(r) of the Tariff Act of 1930 (19 U.S.C. shall be refunded as drawback’’; and ‘‘(A) IN GENERAL.—Not later than the date 1313(r)) is amended— (ii) by striking the last sentence and in- that is 2 years after the date of the enact- (1) in paragraph (1)— serting the following: ‘‘Notwithstanding sub- ment of the Trade Facilitation and Trade (A) by striking the first sentence and in- paragraph (A), drawback shall be allowed Enforcement Act of 2015 (or, if later, the ef- serting the following: ‘‘A drawback entry under this paragraph with respect to wine if fective date provided for in section shall be filed or applied for, as applicable, the imported wine and the exported wine are 906(q)(2)(B) of that Act), the Secretary shall not later than 5 years after the date on of the same color and the price variation be- prescribe regulations for determining the which merchandise on which drawback is tween the imported wine and the exported calculation of amounts refunded as drawback claimed was imported.’’; wine does not exceed 50 percent. Transfers of under this section. (B) in the second sentence, by striking ‘‘3- merchandise may be evidenced by business ‘‘(B) REQUIREMENTS.—The regulations re- year’’ and inserting ‘‘5-year’’; and records kept in the normal course of business quired by subparagraph (A) for determining (C) in the third sentence, by striking ‘‘the and no additional certificates of transfer the calculation of amounts refunded as draw- Customs Service’’ and inserting ‘‘U.S. Cus- shall be required.’’; back under this section shall provide for a toms and Border Protection’’; (3) in paragraph (3)(B), by striking ‘‘the refund of 99 percent of the duties, taxes, and (2) in paragraph (3)— commercially interchangeable merchandise’’ fees paid with respect to the imported mer- (A) in subparagraph (A)— and inserting ‘‘merchandise classifiable chandise, except that where there is substi- (i) in the matter preceding clause (i), by under the same 8-digit HTS subheading num- tution of the merchandise or article, then— striking ‘‘The Customs Service’’ and insert- ber as such imported merchandise’’; and ‘‘(i) in the case of an article that is ex- ing ‘‘U.S. Customs and Border Protection’’; (4) by adding at the end the following: ported, the amount of the refund shall be (ii) in clauses (i) and (ii), by striking ‘‘the ‘‘(5)(A) For purposes of paragraph (2) and equal to 99 percent of the lesser of— Customs Service’’ each place it appears and except as provided in subparagraph (B), mer- ‘‘(I) the amount of duties, taxes, and fees inserting ‘‘U.S. Customs and Border Protec- chandise may not be substituted for im- paid with respect to the imported merchan- tion’’; and ported merchandise for drawback purposes dise; or (iii) in clause (ii)(I), by striking ‘‘3-year’’ based on the 8-digit HTS subheading number ‘‘(II) the amount of duties, taxes, and fees and inserting ‘‘5-year’’; and if the article description for the 8-digit HTS that would apply to the exported article if (B) in subparagraph (B), by striking ‘‘the subheading number under which the im- the exported article were imported; and periods of time for retaining records set ported merchandise is classified begins with ‘‘(ii) in the case of an article that is de- forth in subsection (t) of this section and’’ the term ‘other’. stroyed, the amount of the refund shall be an and inserting ‘‘the period of time for retain- ‘‘(B) In cases described in subparagraph amount that is— ing records set forth in’’; and (A), merchandise may be substituted for im- ‘‘(I) equal to 99 percent of the lesser of— (3) by adding at the end the following: ported merchandise for drawback purposes ‘‘(aa) the amount of duties, taxes, and fees ‘‘(4) All drawback claims filed on and after if— paid with respect to the imported merchan- the date that is 2 years after the date of the ‘‘(i) the other merchandise and such im- dise; and enactment of the Trade Facilitation and ported merchandise are classifiable under ‘‘(bb) the amount of duties, taxes, and fees Trade Enforcement Act of 2015 (or, if later, the same 10-digit HTS statistical reporting that would apply to the destroyed article if the effective date provided for in section number; and the destroyed article were imported; and 906(q)(2)(B) of that Act) shall be filed elec- ‘‘(ii) the article description for that 10- ‘‘(II) reduced by the value of materials re- tronically.’’. digit HTS statistical reporting number does covered during destruction as provided in (k) DESIGNATION OF MERCHANDISE BY SUC- not begin with the term ‘other’. subsection (x). CESSOR.—Section 313(s) of the Tariff Act of ‘‘(6)(A) For purposes of paragraph (2), a ‘‘(3) STATUS REPORTS ON REGULATIONS.—Not 1930 (19 U.S.C. 1313(s)) is amended— drawback claimant may use the first 8 digits later than the date that is one year after the (1) in paragraph (2), by striking subpara- of the 10-digit Schedule B number for mer- date of the enactment of the Trade Facilita- graph (B) and inserting the following: chandise or an article to determine if the tion and Trade Enforcement Act of 2015, and ‘‘(B) subject to paragraphs (5) and (6) of merchandise or article is classifiable under annually thereafter until the regulations re- subsection (j), imported merchandise, other the same 8-digit HTS subheading number as quired by paragraph (2) are final, the Sec- merchandise classifiable under the same 8-

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 13, 2015 CONGRESSIONAL RECORD — SENATE S2893 digit HTS subheading number as such im- (i) the date on which the Automated Com- (B) A detailed assessment of a key United ported merchandise, or any combination of mercial Environment will be ready to proc- States industry or key United States indus- such imported merchandise and such other ess drawback claims; and tries that, to the extent practicable— merchandise, that the predecessor received, (ii) the date on which the Automated Ex- (i) identifies with respect to each such in- before the date of succession, from the per- port System will be ready to accept proof of dustry the principal factors driving competi- son who imported and paid any duties, taxes, exportation under subsection (i) of section tiveness as of the date on which the report is and fees due on the imported merchandise;’’; 313 of the Tariff Act of 1930, as amended by submitted; and and subsection (d). (ii) describes, with respect to each such in- (2) in paragraph (4), by striking ‘‘certifies (B) DELAY OF EFFECTIVE DATE.—If the Sec- dustry, the structure of the global industry, that’’ and all that follows and inserting ‘‘cer- retary indicates in the report required by its market characteristics, current industry tifies that the transferred merchandise was subparagraph (A) that the Automated Com- trends, relevant policies and programs of for- not and will not be claimed by the prede- mercial Environment will not be ready to eign governments, and principal factors af- cessor.’’. process drawback claims by the date that is fecting future competitiveness. (l) DRAWBACK CERTIFICATES.—Section 313 of 2 years after the date of the enactment of (2) SELECTION OF KEY UNITED STATES INDUS- the Tariff Act of 1930 (19 U.S.C. 1313) is this Act, the amendments made by this sec- TRIES.— amended by striking subsection (t). tion shall apply to drawback claims filed on (A) IN GENERAL.—In conducting assess- (m) DRAWBACK FOR RECOVERED MATE- and after the date on which the Secretary ments required under paragraph (1)(B), the RIALS.—Section 313(x) of the Tariff Act of certifies that the Automated Commercial Commission shall, to the extent practicable, 1930 (19 U.S.C. 1313(x)) is amended by striking Environment is ready to process drawback select a different key United States industry ‘‘and (c)’’ and inserting ‘‘(c), and (j)’’. claims. or different key United States industries for (n) DEFINITIONS.—Section 313 of the Tariff (3) TRANSITION RULE.—During the one-year purposes of each report required by sub- Act of 1930 (19 U.S.C. 1313) is amended by add- period beginning on the date that is 2 years section (a). ing at the end the following: after the date of the enactment of this Act (B) CONSULTATIONS WITH CONGRESS.—The ‘‘(z) DEFINITIONS.—In this section: (or, if later, the effective date provided for in Commission shall consult with the Com- ‘‘(1) DIRECTLY.—The term ‘directly’ means paragraph (2)(B)), a person may elect to file mittee on Finance of the Senate and the a transfer of merchandise or an article from a claim for drawback under— Committee on Ways and Means of the House one person to another person without any in- (A) section 313 of the Tariff Act of 1930, as of Representatives before selecting the key termediate transfer. amended by this section; or United States industry or key United States ‘‘(2) HTS.—The term ‘HTS’ means the Har- (B) section 313 of the Tariff Act of 1930, as industries for purposes of each report re- monized Tariff Schedule of the United in effect on the day before the date of the en- quired by subsection (a). States. actment of this Act. (c) SUBMISSION OF REPORTS.— ‘‘(3) INDIRECTLY.—The term ‘indirectly’ (1) IN GENERAL.—Not later than May 15, means a transfer of merchandise or an arti- SEC. 907. INCLUSION OF CERTAIN INFORMATION IN SUBMISSION OF NOMINATION 2017, and every 2 years thereafter through cle from one person to another person with FOR APPOINTMENT AS DEPUTY 2025, the Commission shall submit to the one or more intermediate transfers.’’. UNITED STATES TRADE REPRESENT- Committee on Finance of the Senate and the (o) RECORDKEEPING.—Section 508(c)(3) of ATIVE. Committee on Ways and Means of the House the Tariff Act of 1930 (19 U.S.C. 1508(c)(3)) is Section 141(b) of the Trade Act of 1974 (19 of Representatives a report on the most re- amended— U.S.C. 2171(b)) is amended by adding at the cent investigation conducted under sub- (1) by striking ‘‘3rd’’ and inserting ‘‘5th’’; end the following: section (a). and ‘‘(5) When the President submits to the (2) EXTENSION OF DEADLINE.—The Commis- (2) by striking ‘‘payment’’ and inserting Senate for its advice and consent a nomina- sion may, after consultation with the Com- ‘‘liquidation’’. tion of an individual for appointment as a mittee on Finance of the Senate and the (p) GOVERNMENT ACCOUNTABILITY OFFICE Deputy United States Trade Representative Committee on Ways and Means of the House REPORT.— under paragraph (2), the President shall in- of Representatives, submit a report under (1) IN GENERAL.—Not later than one year clude in that submission information on the paragraph (1) later than the date required by after the issuance of the regulations required country, regional offices, and functions of that paragraph. by subsection (l)(2) of section 313 of the Tar- the Office of the United States Trade Rep- (3) CONFIDENTIAL BUSINESS INFORMATION.— iff Act of 1930, as added by subsection (g), the resentative with respect to which that indi- A report submitted under paragraph (1) shall Comptroller General of the United States vidual will have responsibility.’’. not include any confidential business infor- shall submit to the Committee on Finance of SEC. 908. BIENNIAL REPORTS REGARDING COM- mation unless— the Senate and the Committee on Ways and PETITIVENESS ISSUES FACING THE (A) the party that submitted the confiden- Means of the House of Representatives a re- UNITED STATES ECONOMY AND tial business information to the Commission port on the modernization of drawback and COMPETITIVE CONDITIONS FOR had notice, at the time of submission, that refunds under section 313 of the Tariff Act of CERTAIN KEY UNITED STATES IN- the information would be released by the 1930, as amended by this section. DUSTRIES. Commission; or (2) CONTENTS.—The report required by (a) IN GENERAL.—The United States Inter- (B) that party consents to the release of paragraph (1) include the following: national Trade Commission shall conduct a the information. (A) An assessment of the modernization of series of investigations, and submit a report (d) KEY UNITED STATES INDUSTRY DE- on each such investigation in accordance drawback and refunds under section 313 of FINED.—In this section, the term ‘‘key the Tariff Act of 1930, as amended by this with subsection (c), regarding competitive- United States industry’’ means a goods or section. ness issues facing the economy of the United services industry that— (B) A description of drawback claims that States and competitive conditions for cer- (1) contributes significantly to United were permissible before the effective date tain key United States industries. States economic activity and trade; or provided for in subsection (q) that are not (b) CONTENTS OF REPORT.— (2) is a potential growth area for the permissible after that effective date and an (1) IN GENERAL.—Each report required by United States and global markets. subsection (a) shall include, to the extent identification of industries most affected. SEC. 909. REPORT ON CERTAIN U.S. CUSTOMS (C) A description of drawback claims that practicable, the following: AND BORDER PROTECTION AGREE- were not permissible before the effective (A) A detailed assessment of competitive- MENTS. date provided for in subsection (q) that are ness issues facing the economy of the United (a) IN GENERAL.—Not later than one year permissible after that effective date and an States, over the 10-year period beginning on after entering into an agreement under a identification of industries most affected. the date on which the report is submitted, program specified in subsection (b), and an- (q) EFFECTIVE DATE.— that includes— nually thereafter until the termination of (1) IN GENERAL.—The amendments made by (i) projections, over that 10-year period, of the program, the Commissioner shall submit this section shall— economic measures, such as measures relat- to the Committee on Finance of the Senate (A) take effect on the date of the enact- ing to production in the United States and and the Committee on Ways and Means of ment of this Act; and United States trade, for the economy of the the House of Representatives a report that (B) except as provided in paragraphs (2)(B) United States and for key United States in- includes the following: and (3), apply to drawback claims filed on or dustries, based on ongoing trends in the (1) A description of the development of the after the date that is 2 years after such date economy of the United States and global program. of enactment. economies and incorporating estimates from (2) A description of the type of entity with (2) REPORTING OF OPERABILITY OF AUTO- prominent United States, foreign, multi- which U.S. Customs and Border Protection MATED COMMERCIAL ENVIRONMENT COMPUTER national, and private sector organizations; entered into the agreement and the amount SYSTEM.— and that entity reimbursed U.S. Customs and (A) IN GENERAL.—Not later than one year (ii) a description of factors that drive eco- Border Protection under the agreement. after the date of the enactment of this Act, nomic growth, such as domestic produc- (3) An identification of the type of port of and not later than 2 years after such date of tivity, the United States workforce, foreign entry to which the agreement relates and an enactment, the Secretary of the Treasury demand for United States goods and services, assessment of how the agreement provides shall submit to Congress a report on— and industry-specific developments. economic benefits at the port of entry.

VerDate Sep 11 2014 03:44 May 14, 2015 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S2894 CONGRESSIONAL RECORD — SENATE May 13, 2015 (4) A description of the services provided (2) by inserting ‘‘inlet frames, tree and that meet the requirements under paragraph by U.S. Customs and Border Protection trench grates, lampposts, lamppost bases, (4). under the agreement during the year pre- cast utility poles, bollards, hydrants, utility ‘‘(4) The Secretary of Labor shall establish ceding the submission of the report. boxes,’’ before ‘‘manhole rings,’’; and (5) The amount of fees collected under the (3) by adding at the end before the period and implement safeguards for the dissemina- agreement during that year. the following: ‘‘in a location such that it will tion and, subject to paragraph (5), the use of (6) A detailed accounting of how the fees remain visible after installation’’. occupational information received under this collected under the agreement have been (b) EFFECTIVE DATE.—The amendments subsection. spent during that year. made by subsection (a) take effect on the ‘‘(5) Occupational information received date of the enactment of this Act and apply (7) A summary of any complaints or criti- under this subsection shall only be used to cism received by U.S. Customs and Border with respect to the importation of castings classify employees into occupational cat- Protection during that year regarding the described in such amendments on or after agreement. the date that is 180 days after such date of egories as found in the Standard Occupa- (8) An assessment of the compliance of the enactment. tional Classification (SOC) system and to entity described in paragraph (2) with the SEC. 912. ELIMINATION OF CONSUMPTIVE DE- analyze and evaluate occupations in order to terms of the agreement. MAND EXCEPTION TO PROHIBITION improve the labor market for workers and (9) Recommendations with respect to how ON IMPORTATION OF GOODS MADE industries. WITH CONVICT LABOR, FORCED activities conducted pursuant to the agree- ‘‘(6) The Secretary of Labor shall establish ment could function more effectively or bet- LABOR, OR INDENTURED LABOR; RE- PORT. procedures to verify the accuracy of informa- ter produce economic benefits. (a) ELIMINATION OF CONSUMPTIVE DEMAND tion received under paragraph (2).’’. (10) A summary of the benefits to and chal- EXCEPTION.— lenges faced by U.S. Customs and Border SEC. 914. STATEMENTS OF POLICY WITH RE- (1) IN GENERAL.—Section 307 of the Tariff Protection and the entity described in para- SPECT TO ISRAEL. Act of 1930 (19 U.S.C. 1307) is amended by graph (2) under the agreement. striking ‘‘The provisions of this section’’ and Congress— (b) PROGRAM SPECIFIED.—A program speci- all that follows through ‘‘of the United (1) supports the strengthening of United fied in this subsection is— States.’’. States-Israel economic cooperation and rec- (1) the program for entering into reimburs- (2) EFFECTIVE DATE.—The amendment ognizes the tremendous strategic, economic, able fee agreements for the provision of U.S. made by paragraph (1) shall take effect on and technological value of cooperation with Customs and Border Protection services es- the date that is 15 days after the date of the Israel; tablished by section 560 of the Department of enactment of this Act. (2) recognizes the benefit of cooperation Homeland Security Appropriations Act, 2013 (b) REPORT REQUIRED.—Not later than 180 with Israel to United States companies, in- (division D of Public Law 113–6; 127 Stat. 378); days after the date of the enactment of this cluding by improving United States competi- or Act, and annually thereafter, the Commis- tiveness in global markets; (2) the pilot program authorizing U.S. Cus- sioner shall submit to the Committee on Fi- (3) recognizes the importance of trade and toms and Border Protection to enter into nance of the Senate and the Committee on commercial relations to the pursuit and sus- partnerships with private sector and govern- Ways and Means of the House of Representa- tainability of peace, and supports efforts to ment entities at ports of entry established tives a report on compliance with section 307 bring together the United States, Israel, the by section 559 of the Department of Home- of the Tariff Act of 1930 (19 U.S.C. 1307) that Palestinian territories, and others in en- land Security Appropriations Act, 2014 (divi- includes the following: hanced commerce; sion F of Public Law 113–76; 6 U.S.C. 211 (1) The number of instances in which mer- (4) opposes politically motivated actions note). chandise was denied entry pursuant to that that penalize or otherwise limit commercial SEC. 910. CHARTER FLIGHTS. section during the 1-year period preceding relations specifically with Israel such as Section 13031(e)(1) of the Consolidated Om- the submission of the report. boycotts, divestment or sanctions; nibus Budget Reconciliation Act of 1985 (19 (2) A description of the merchandise denied (5) notes that the boycott, divestment, and U.S.C. 58c(e)(1)) is amended— entry pursuant to that section. sanctioning of Israel by governments, gov- (1) by striking ‘‘(1) Notwithstanding sec- (3) Such other information as the Commis- ernmental bodies, quasi-governmental bod- tion 451 of the Tariff Act of 1930 (19 U.S.C. sioner considers appropriate with respect to ies, international organizations, and other 1451) or any other provision of law (other monitoring and enforcing compliance with such entities is contrary to the General than paragraph (2))’’ and inserting the fol- that section. Agreement on Tariffs and Trade (GATT) lowing: SEC. 913. IMPROVED COLLECTION AND USE OF principle of nondiscrimination; ‘‘(1)(A) Notwithstanding section 451 of the LABOR MARKET INFORMATION. (6) encourages the inclusion of politically Tariff Act of 1930 (19 U.S.C. 1451) or any other Section 1137 of the Social Security Act (42 motivated actions that penalize or otherwise provision of law (other than subparagraph U.S.C. 1320b–7) is amended— limit commercial relations specifically with (B) and paragraph (2))’’; and (1) in subsection (a)— Israel such as boycotts, divestment from, or (2) by adding at the end the following: (A) in paragraph (2), by inserting ‘‘(includ- sanctions against Israel as a topic of discus- ‘‘(B)(i) An appropriate officer of U.S. Cus- ing the occupational information under sub- sion at the U.S.-Israel Joint Economic De- toms and Border Protection may assign a section (g))’’ after ‘‘paragraph (3) of this sub- velopment Group (JEDG) and other areas to sufficient number of employees of U.S. Cus- section’’; and support the strengthening of the United toms and Border Protection (if available) to (B) in paragraph (3), by striking ‘‘employ- States-Israel commercial relationship and perform services described in clause (ii) for a ers (as defined’’ and inserting ‘‘subject to combat any commercial discrimination charter air carrier (as defined in section subsection (g), employers (as defined’’; and against Israel; 40102 of title 49, United States Code) for a (2) by adding at the end the following new (7) supports efforts to prevent investiga- charter flight arriving after normal oper- subsection: tions or prosecutions by governments or ating hours at an airport that is an estab- ‘‘(g)(1) Beginning January 1, 2017, each international organizations of United States lished port of entry serviced by U.S. Customs quarterly wage report required to be sub- persons on the sole basis of such persons and Border Protection, notwithstanding that mitted by an employer under subsection doing business with Israel, with Israeli enti- overtime funds for those services are not (a)(3) shall include such occupational infor- ties, or in territories controlled by Israel; available, if the charter air carrier— mation with respect to each employee of the and ‘‘(I) not later than 4 hours before the flight employer that permits the classification of (8) supports States of the United States ex- arrives, specifically requests that such serv- such employees into occupational categories amining a company’s promotion or compli- ices be provided; and as found in the Standard Occupational Clas- ance with unsanctioned boycotts, divestment ‘‘(II) pays any overtime fees incurred in sification (SOC) system. from, or sanctions against Israel as part of connection with such services. ‘‘(2) The State agency receiving the occu- its consideration in awarding grants and ‘‘(ii) Services described in this clause are pational information described in paragraph contracts and supports the divestment of customs services for passengers and their (1) shall make such information available to State assets from companies that support or baggage or any other such service that could the Secretary of Labor pursuant to proce- promote actions to boycott, divest from, or lawfully be performed during regular hours dures established by the Secretary of Labor. sanction Israel. of operation.’’. ‘‘(3)(A) The Secretary of Labor shall make SEC. 911. AMENDMENT TO TARIFF ACT OF 1930 TO occupational information submitted under TITLE X—OFFSETS REQUIRE COUNTRY OF ORIGIN paragraph (2) available to other State and SEC. 1001. REVOCATION OR DENIAL OF PASS- MARKING OF CERTAIN CASTINGS. Federal agencies, including the United PORT IN CASE OF CERTAIN UNPAID (a) IN GENERAL.—Section 304(e) of the Tar- States Census Bureau, the Bureau of Labor TAXES. iff Act of 1930 (19 U.S.C. 1304(e)) is amended— Statistics, and other State and Federal re- (1) in the subsection heading, by striking search agencies. (a) IN GENERAL.—Subchapter D of chapter ‘‘MANHOLE RINGS OR FRAMES, COVERS, AND ‘‘(B) Disclosure of occupational informa- 75 of the Internal Revenue Code of 1986 is ASSEMBLIES THEREOF’’ and inserting ‘‘CAST- tion under subparagraph (A) shall be subject amended by adding at the end the following INGS’’; to the agency having safeguards in place new section:

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‘‘SEC. 7345. REVOCATION OR DENIAL OF PASS- cation described in section 7345 of the Inter- ‘‘(b) ADDITIONAL PERIOD.—For the period PORT IN CASE OF CERTAIN TAX DE- nal Revenue Code of 1986 from the Secretary beginning on July 1, 2025, and ending on July LINQUENCIES. of the Treasury, the Secretary of State shall 14, 2025, section 13031(a)(9) of the Consoli- ‘‘(a) IN GENERAL.—If the Secretary receives not issue a passport to any individual who dated Omnibus Budget Reconciliation Act of certification by the Commissioner of Inter- has a seriously delinquent tax debt described 1985 (19 U.S.C. 58c(a)(9)) shall be applied and nal Revenue that any individual has a seri- in such section. administered— ously delinquent tax debt in an amount in (B) EMERGENCY AND HUMANITARIAN SITUA- ‘‘(1) in subparagraph (A), by substituting excess of $50,000, the Secretary shall trans- TIONS.—Notwithstanding subparagraph (A), ‘0.3464’ for ‘0.21’; and mit such certification to the Secretary of the Secretary of State may issue a passport, ‘‘(2) in subparagraph (B)(i), by substituting State for action with respect to denial, rev- in emergency circumstances or for humani- ‘0.3464’ for ‘0.21’.’’. ocation, or limitation of a passport pursuant tarian reasons, to an individual described in to section 1001(d) of the Trade Facilitation such subparagraph. SA 1225. Mr. MCCONNELL (for Mr. and Trade Enforcement Act of 2015. (2) REVOCATION.— LEE) proposed an amendment to the ‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.— (A) IN GENERAL.—The Secretary of State For purposes of this section, the term ‘seri- concurrent resolution S. Con. Res. 10, may revoke a passport previously issued to ously delinquent tax debt’ means an out- supporting the designation of the year any individual described in paragraph (1)(A). standing debt under this title for which a no- of 2015 as the ‘‘International Year of (B) LIMITATION FOR RETURN TO UNITED tice of lien has been filed in public records Soils’’ and supporting locally led soil STATES.—If the Secretary of State decides to pursuant to section 6323 or a notice of levy revoke a passport under subparagraph (A), conservation; as follows: has been filed pursuant to section 6331, ex- the Secretary of State, before revocation, On page 2, line 13, insert ‘‘voluntary’’ be- cept that such term does not include— may— fore ‘‘landowner participation’’. ‘‘(1) a debt that is being paid in a timely (i) limit a previously issued passport only manner pursuant to an agreement under sec- f for return travel to the United States; or tion 6159 or 7122, and (ii) issue a limited passport that only per- AUTHORITY FOR COMMITTEES TO ‘‘(2) a debt with respect to which collection mits return travel to the United States. MEET is suspended because a collection due process (3) HOLD HARMLESS.—The Secretary of the hearing under section 6330, or relief under COMMITTEE ON ARMED SERVICES Treasury and the Secretary of State shall subsection (b), (c), or (f) of section 6015, is re- Mr. MCCONNELL. Mr. President, I not be liable to an individual for any action quested or pending. with respect to a certification by the Com- ask unanimous consent that the Com- ‘‘(c) ADJUSTMENT FOR INFLATION.—In the missioner of Internal Revenue under section mittee on Armed Services be author- case of a calendar year beginning after 2016, 7345 of the Internal Revenue Code of 1986. ized to meet during the session of the the dollar amount in subsection (a) shall be (e) REVOCATION OR DENIAL OF PASSPORT IN Senate on May 13, 2015, at 9:30 a.m. increased by an amount equal to— CASE OF INDIVIDUAL WITHOUT SOCIAL SECU- ‘‘(1) such dollar amount, multiplied by The PRESIDING OFFICER. Without RITY ACCOUNT NUMBER.— ‘‘(2) the cost-of-living adjustment deter- objection, it is so ordered. (1) DENIAL.— mined under section 1(f)(3) for the calendar COMMITTEE ON FOREIGN RELATIONS (A) IN GENERAL.—Except as provided under year, determined by substituting ‘calendar Mr. MCCONNELL. Mr. President, I subparagraph (B), upon receiving an applica- year 2015’ for ‘calendar year 1992’ in subpara- tion for a passport from an individual that ask unanimous consent that the Com- graph (B) thereof. mittee on Foreign Relations be author- If any amount as adjusted under the pre- either— ceding sentence is not a multiple of $1,000, (i) does not include the social security ac- ized to meet during the session of the such amount shall be rounded to the next count number issued to that individual, or Senate on May 13, 2015, at 2:15 p.m., to highest multiple of $1,000.’’. (ii) includes an incorrect or invalid social conduct a hearing entitled ‘‘Safe- (b) CLERICAL AMENDMENT.—The table of security number willfully, intentionally, guarding American Interests in the sections for subchapter D of chapter 75 of the negligently, or recklessly provided by such East and South China Seas.’’ Internal Revenue Code of 1986 is amended by individual, The PRESIDING OFFICER. Without the Secretary of State is authorized to deny adding at the end the following new item: objection, it is so ordered. ‘‘Sec. 7345. Revocation or denial of passport such application and is authorized to not issue a passport to the individual. COMMITTEE ON HOMELAND SECURITY AND in case of certain tax delin- GOVERNMENTAL AFFAIRS quencies.’’. (B) EMERGENCY AND HUMANITARIAN SITUA- C (c) AUTHORITY FOR INFORMATION SHARING.— TIONS.—Notwithstanding subparagraph (A), Mr. M CONNELL. Mr. President, I (1) IN GENERAL.—Subsection (l) of section the Secretary of State may issue a passport, ask unanimous consent that the Com- 6103 of the Internal Revenue Code of 1986 is in emergency circumstances or for humani- mittee on Homeland Security and Gov- amended by adding at the end the following tarian reasons, to an individual described in ernmental Affairs be authorized to new paragraph: subparagraph (A). meet during the session of the Senate (2) REVOCATION.— ‘‘(23) DISCLOSURE OF RETURN INFORMATION on May 13, 2015, at 2 p.m., to conduct a TO DEPARTMENT OF STATE FOR PURPOSES OF (A) IN GENERAL.—The Secretary of State may revoke a passport previously issued to hearing entitled ‘‘Securing the Border: PASSPORT REVOCATION UNDER SECTION 7345.— Fencing, Infrastructure, and Tech- ‘‘(A) IN GENERAL.—The Secretary shall, any individual described in paragraph (1)(A). upon receiving a certification described in (B) LIMITATION FOR RETURN TO UNITED nology Force Multipliers.’’ section 7345, disclose to the Secretary of STATES.—If the Secretary of State decides to The PRESIDING OFFICER. Without State return information with respect to a revoke a passport under subparagraph (A), objection, it is so ordered. the Secretary of State, before revocation, taxpayer who has a seriously delinquent tax COMMITTEE ON INDIAN AFFAIRS may— debt described in such section. Such return Mr. MCCONNELL. Mr. President, I information shall be limited to— (i) limit a previously issued passport only for return travel to the United States; or ask unanimous consent that the Com- ‘‘(i) the taxpayer identity information with mittee on Indian Affairs be authorized respect to such taxpayer, and (ii) issue a limited passport that only per- ‘‘(ii) the amount of such seriously delin- mits return travel to the United States. to meet during the session of the Sen- quent tax debt. (f) EFFECTIVE DATE.—The provisions of, ate on May 13, 2015, in room SD–628 of ‘‘(B) RESTRICTION ON DISCLOSURE.—Return and amendments made by, this section shall the Dirksen Senate Office Building, at information disclosed under subparagraph take effect on January 1, 2016. 2:15 p.m. (A) may be used by officers and employees of SEC. 1002. CUSTOMS USER FEES. The PRESIDING OFFICER. Without the Department of State for the purposes of, (a) IN GENERAL.—Section 13031(j)(3) of the objection, it is so ordered. and to the extent necessary in, carrying out Consolidated Omnibus Budget Reconciliation COMMITTEE ON THE JUDICIARY the requirements of section 1001(d) of the Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by Trade Facilitation and Trade Enforcement adding at the end the following: Mr. MCCONNELL. Mr. President, I Act of 2015.’’. ‘‘(C) Fees may be charged under para- ask unanimous consent that the Com- (2) CONFORMING AMENDMENT.—Paragraph graphs (9) and (10) of subsection (a) during mittee on the Judiciary be authorized (4) of section 6103(p) of such Code is amended the period beginning on July 8, 2025, and end- to meed during the session of the Sen- by striking ‘‘or (22)’’ each place it appears in ing on July 28, 2025.’’. ate on May 13, 2015, at 10 a.m., in room subparagraph (F)(ii) and in the matter pre- (b) RATE FOR MERCHANDISE PROCESSING SD–226 of the Dirksen Senate Office ceding subparagraph (A) and inserting ‘‘(22), FEES.—Section 503 of the United States- Building, to conduct a hearing entitled Korea Free Trade Agreement Implementa- or (23)’’. ‘‘Protecting the Constitutional Right (d) AUTHORITY TO DENY OR REVOKE PASS- tion Act (Public Law 112–41; 125 Stat. 460) is PORT.— amended— to Counsel for Indigents Charged with (1) DENIAL.— (1) by striking ‘‘For the period’’ and insert- Misdemeanors.’’ (A) IN GENERAL.—Except as provided under ing ‘‘(a) IN GENERAL.—For the period’’; and The PRESIDING OFFICER. Without subparagraph (B), upon receiving a certifi- (2) by adding at the end the following: objection, it is so ordered.

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Mr. President, I security and essential ecosystem functions; further amended by Public Law 113–281, ask unanimous consent that the Com- Whereas soil conservation efforts in the appoints the following Senators to the mittee on Veterans’ Affairs be author- United States are often locally led; Whereas 2015 also marks the 80th anniver- Board of Visitors of the U.S. Coast ized to meet during the session of the sary of the signing of the Soil Conservation Guard Academy: the Honorable MARIA Senate on May 13, 2015, at 3 p.m. in and Domestic Allotment Act (16 U.S.C. 590a CANTWELL of Washington and the Hon- room SR–418 of the Russell Senate Of- et seq.) on April 27, 1935; orable RICHARD BLUMENTHAL of Con- fice Building. Whereas soils, as the foundation for agri- necticut. The PRESIDING OFFICER. Without cultural production, essential ecosystem The Chair, on behalf of the Vice objection, it is so ordered. functions, and food security, are key to sus- President, pursuant to 10 U.S.C. 9355(a), f taining life on Earth; appoints the following Senators to the Whereas soils and the science of soils con- PRIVILEGES OF THE FLOOR tribute to improved water quality, food safe- Board of Visitors of the U.S. Air Force Academy: the Honorable TOM UDALL of Mr. HATCH. Mr. President, I ask ty and security, healthy ecosystems, and New Mexico (Committee on Appropria- unanimous consent that Kevin Rosen- human health; and Whereas soil, plant, animal, and human tions) and the Honorable MAZIE K. baum, the detailee on the Senate Com- health are intricately linked: Now, therefore, HIRONO (Committee on Armed Serv- mittee on Finance; Andrew Rollo, be it ices). detailee on the Senate Committee on Resolved by the Senate (the House of Rep- Finance; Sahra Su, a fellow to the Sen- resentatives concurring), That Congress— ate Committee on Finance; and Ken- (1) supports the designation of 2015 as the f neth Schmidt, clerk to the Senate ‘‘International Year of Soils’’; Committee on Finance, be granted (2) encourages the public to participate in ORDERS FOR THURSDAY, MAY 14, activities that celebrate the importance of 2015 floor privileges for the duration of the soils to the current and future well-being of Congress. the United States; and Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without (3) supports conservation of the soils of the ask unanimous consent that when the objection, it is so ordered. United States, through— Senate completes its business today, it f (A) partnership with local soil and water adjourn until 9:30 a.m., Thursday, May conservation districts; and 14; that following the prayer and SUPPORTING THE DESIGNATION (B) voluntary landowner participation in— OF THE YEAR OF 2015 AS THE (i) the conservation reserve program estab- pledge, the morning hour be deemed INTERNATIONAL YEAR OF SOILS lished under subchapter B of chapter 1 of expired, the Journal of proceedings be approved to date, and the time for the Mr. MCCONNELL. Mr. President, I subtitle D of title XII of the Food Security two leaders be reserved for their use ask unanimous consent that the Agri- Act of 1985 (16 U.S.C. 3831 et seq.); (ii) the environmental quality incentives later in the day; that following any culture, Nutrition, and Forestry Com- program established under chapter 4 of sub- leader remarks, the Senate be in a pe- mittee be discharged from further con- title D of title XII of the Food Security Act riod of morning business until 10 a.m., sideration of and the Senate now pro- of 1985 (16 U.S.C. 3839aa et seq.); with Senators permitted to speak ceed to the consideration of S. Con. (iii) the conservation stewardship program therein for up to 10 minutes each; fur- Res. 10. established under subchapter B of chapter 2 The PRESIDING OFFICER. Without of subtitle D of title XII of the Food Security ther, that following morning business, objection, it is so ordered. Act of 1985 (16 U.S.C. 3838D et seq.); the Senate then proceed to the consid- The clerk will report the concurrent (iv) the agricultural conservation ease- eration of Calendar No. 57, H.R. 1295, resolution by title. ment program established under subtitle H and Calendar No. 56, H.R. 644, en bloc, The legislative clerk read as follows: of title XII of the Food Security Act of 1985 under the previous order; further, that (16 U.S.C. 3865 et seq.); A concurrent resolution (S. Con. Res. 10) the time from 10 a.m. until noon be (v) the regional conservation partnership supporting the designation of the year of 2015 equally divided in the usual form; fi- program established under subtitle I of title as the ‘‘International Year of Soils’’ and sup- XII of the Food Security Act of 1985 (16 nally, that the time following the votes porting locally led soil conservation. U.S.C. 3871 et seq.); and in relation to H.R. 1295 and H.R. 644 There being no objection, the Senate (vi) the small watershed rehabilitation until the cloture vote at 2 p.m. also be proceeded to consider the concurrent program established under section 14 of the equally divided in the usual form. resolution. Watershed Protection and Flood Prevention The PRESIDING OFFICER. Without Mr. MCCONNELL. I ask unanimous Act (16 U.S.C. 1012). objection, it is so ordered. consent that the Lee amendment at f the desk be agreed to, the concurrent APPOINTMENTS f resolution, as amended, be agreed to, the preamble be agreed to, and the mo- The PRESIDING OFFICER. The Chair, on behalf of the Vice President, ADJOURNMENT UNTIL 9:30 A.M. tions to reconsider be laid upon the TOMORROW table. pursuant to 10 U.S.C. 6968(a), appoints The PRESIDING OFFICER. Without the following Senators to the Board of Mr. MCCONNELL. If there is no fur- objection, it is so ordered. Visitors of the U.S. Naval Academy: ther business to come before the Sen- The amendment (No. 1225) was agreed the Honorable JEANNE SHAHEEN of New ate, I ask unanimous consent that it to, as follows: Hampshire (Committee on Appropria- stand adjourned under the previous (Purpose: To clarify the support of Congress tions) and the Honorable BENJAMIN order. for voluntary landowner participation in CARDIN of Maryland (At Large). There being no objection, the Senate, certain conservation programs) The Chair, on behalf of the Vice at 5:37 p.m., adjourned until Thursday, On page 2, line 13, insert ‘‘voluntary’’ be- President, pursuant to section 1295b(h) May 14, 2015, at 9:30 a.m. fore ‘‘landowner participation’’. of title 46 App., United States Code, The concurrent resolution (S. Con. appointis the following Senators to the f Res. 10), as amended, was agreed to. Board of Visitors of the U.S. Merchant The preamble was agreed to. Marine Academy: the Honorable GARY CONFIRMATION The concurrent resolution, as amend- C. PETERS Michigan (At Large) and the ed, with its preamble, reads as follows: Honorable BRIAN SCHATZ of Hawaii Executive nomination confirmed by S. CON. RES. 10 (Committee on Commerce, Science and the Senate May 13, 2015: Whereas many of the international part- Transportation). DEPARTMENT OF JUSTICE ners of the United States are designating The Chair, on behalf of the Vice SALLY QUILLIAN YATES, OF GEORGIA, TO BE DEPUTY 2015 as the ‘‘International Year of Soils’’; President, pursuant to 14 U.S.C. 194(a), ATTORNEY GENERAL.

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A SERVICE OF THANKSGIVING TO We come together in grief, of course, ac- ‘‘He has told you, O mortal, what is good; GOD FOR THE LIFE AND LEGACY knowledging our human loss. But we also and what does the Lord require of you but to OF THE HONORABLE JAMES C. come together in gratitude, acknowledging do justice, and to love kindness, and to walk WRIGHT, JR., 12TH DISTRICT OF and giving thanks for his life and his legacy humbly with your God?’’ and for everything in his life that was a re- God speaks to us in the reading of Scrip- TEXAS, SPEAKER OF THE U.S. flection of the love and the grace of God. ture. HOUSE OF REPRESENTATIVES May God grant us grace in this time that Solo—‘‘Let There Be Peace on Earth’’ per- in pain we may find comfort, in sorrow we formed by Mr. Christopher Auchter. HON. JOHN A. BOEHNER may find joy, and in death, resurrection. (The Honorable Martin Frost, United Let’s pray. States House of Representatives, 24th Dis- OF OHIO Our gracious and loving God, we bow in trict of Texas, 1979–2005) IN THE HOUSE OF REPRESENTATIVES awe of Your greatness and Your love. You Mr. Frost: Well, in the words of President Wednesday, May 13, 2015 have spoken words of life to us in so many John F. Kennedy about Jim Wright: ways. You’ve given form and beauty to our No city in America was better represented Mr. BOEHNER. Mr. Speaker, the Honorable world, and all of creation sings Your praise. in Congress than Fort Worth. James Claude Wright, former Speaker of the You have given us one another to love and I’m here today to speak on behalf of the House of Representatives, died on May 6, receive love, a reflection of Your gracious scores of people—many of whom, Texans— 2015. On that day, I issued the following state- love for us. And You have spoken to us in the that Jim Wright helped along the way with ment: words of Scripture and in Jesus, the Word their careers. He was our mentor, our col- The whole House mourns the passing of made flesh, the Author of life. league, and our friend. And we were better As You speak to us now, in this service of Speaker Jim Wright of the state of Texas. public servants because of Jim Wright, and worship, help us once again to hear Your We remember Speaker Wright today for his many of those Members, past and present, words of life as we celebrate the life and leg- lifelong commitment to public service, from Democrat and Republican, are here with us acy of Your servant, Jim. flying combat missions over the South Pa- today to honor Jim. In Jesus’ name. In a minute, I’m going to speak about what cific to fighting for Fort Worth on the House Amen. floor. Speaker Wright understood as well as Jim did for my career, but it really speaks I invite you now to turn in your worship volumes for what he did for a lot of others, anyone this institution’s closeness to the guide to the words of the 23rd Psalm as we people, calling the House ‘the raw essence of too. say them together: Jim Wright was an extraordinary leader the nation.’ It is in this spirit that we send ‘‘The Lord is my shepherd, I shall not our deepest condolences to his family and both for the people of Fort Worth and for our want. Nation. He always remembered the people community. ‘‘He maketh me to lie down in green pas- who sent him to Washington and worked The House took several steps to honor the tures: He leadeth me beside the still waters. tirelessly to make our country even better ‘‘He restoreth my soul: He leadeth me in former Speaker. The Speaker’s chair on the every day he was in office. Few Congressmen the paths of righteousness for His name’s rostrum was draped in black—the same mark in recent times have had a greater impact of respect first made upon the death of Mi- sake. ‘‘Yea, though I walk through the valley of than our friend Jim Wright. chael Kerr of Indiana, Speaker of the House in the shadow of death, I will fear no evil: for I met Jim Wright 57 years ago, in 1958, the 44th Congress and most recently for Thou art with me; Thy rod and Thy staff when he was a young Congressman beginning Thomas Foley. The Speaker’s gavel rested on they comfort me. his second term and I was a 16-year-old. Jim the rostrum during this period. Outside the ‘‘Thou preparest a table before me in the was the guest speaker at the Temple Beth-El youth group in the basement of the old syna- House Chamber, Speaker Wright’s official por- presence of mine enemies; Thou anointest my head with oil; my cup runneth over. gogue building on West Broadway, near trait in the Speaker’s lobby was draped in downtown. I had never met a national politi- black. A book of condolences was made avail- ‘‘Surely goodness and mercy shall follow me all the days of my life; and I will dwell in cian before, and he made a deep impression able for the remembrances of friends and col- the house of the Lord forever. on me that day. I remember to this day some leagues. On May 12, 2015, the House adopt- The words of Psalm 46: of what he said, and more of that a little bit ed House Resolution 245, expressing the con- ‘‘God is our refuge and strength, a very later. dolences of the House upon his death, and present help in trouble. Therefore we will Seven years later, in 1965, I showed up in the House adjourned on that day as a further not fear, though the Earth should change, Washington as a young reporter covering though the mountains shake in the heart of Congress for a magazine, and the first thing mark of respect to his memory. A funeral was I did was to go see my hometown Congress- held on May 11, 2015, at First United Meth- the sea; though its waters roar and foam, though the mountains tremble with its tu- man, Jim Wright. Jim and his chief of staff, odist Church in Fort Worth, Texas. The fol- mult. Marshall Lynam, were very helpful to this lowing is a transcript of those proceedings: ‘‘There is a river whose streams make glad young reporter, suggesting who I should get A SERVICE OF THANKSGIVING TO GOD FOR THE the city of God, the holy habitation of the to know on congressional committee staffs. LIFE AND LEGACY OF JAMES CLAUDE Most High. God is in the midst of the city; it Three years later, in the summer of 1968, Jim WRIGHT, JR., DECEMBER 22, 1922–MAY 6, 2015 shall not be moved; God will help it when the helped me get a job on Hubert Humphrey’s Prelude—(Ms. Peggy Graff, organist) morning dawns. The nations are in an up- national Presidential campaign staff while I Processional—‘‘Joyful, Joyful, We Adore roar, the kingdoms totter; He utters His was a student at Georgetown Law School. Thee’’ voice, the Earth melts. The Lord of hosts is The last two people I saw before I headed Call to worship with us; the God of Jacob is our refuge. back to Texas following graduation in 1970 (The Reverend Dr. Tim Bruster, First ‘‘Come, behold the works of the Lord; see were Jim and Marshall. I told them that I United Methodist Church, Fort Worth, what desolations He has brought on the hoped to come back to D.C. some day as a Texas) Earth. He makes wars cease to the end of the Congressman—in a neighboring district. I Reverend Bruster: Please be seated. Earth; He breaks the bow, and shatters the had no intention of ever running against Jim Hear these words of Jesus: I am the res- spear; He burns the shields with fire. ‘Be Wright. urrection and the life. Those who believe in still, and know that I am God! I am exalted Fast forward to 1976 when I was north me, even though they die, will live, and ev- among the nations; I am exalted in the Texas coordinator of the Carter-Mondale erybody who lives and believes in me will Earth.’ The Lord of hosts is with us; the God Presidential campaign. The Carter campaign never die. of Jacob is our refuge.’’ wanted to come to Texas the weekend before Christ said: I am Alpha and Omega, the be- The words of the prophet Micah: the general election when carrying Texas ginning and the end. Do not be afraid. I am ‘‘ ‘With what shall I come before the Lord, was still in doubt. They wanted to only stop the first and the last and the living one. I and bow myself before God on high? Shall I in Dallas. As a Fort Worth boy, I told them was dead, and now I am alive, forever and come before Him with burnt offerings, with they also had to come to Cowtown and that ever. calves a year old. Will the Lord be pleased I knew that local Congressman Jim Wright Friends, we have gathered here to praise with thousands of rams, with ten thousands would put on one hell of a show for them, God and to draw comfort from our faith and of rivers of oil? Shall I give my firstborn for and that’s exactly what Jim did. He filled to give thanks as we celebrate the life of Jim my transgression, the fruit of my body for the downtown convention center with more Wright. the sin of my soul?’ than 10,000 people early in the afternoon that

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

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.001 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E684 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2015 Sunday. It made great television, and Carter El in 1958. He was asked what a Congressman White House, which is a million miles away became the last Democratic Presidential does when he feels one way about an issue if you serve in Congress sometimes. candidate to carry Texas. and his district feels the other way. He re- Jim Wright had fought in World War II to Shortly after that election, Jim Wright be- sponded that the job of a Congressman was defend the values of the Greatest Genera- came House majority leader by one vote in a to reflect the views of his district as often as tion, as Tom Brokaw describes this genera- hotly contested secret ballot election. He he could. He then added that he reserved a tion, a generation of men and women united certainly knew how to count. Two years small percentage of votes, perhaps 10 per- in common purposes of family, country, later, I was elected to Congress from the 24th cent, to vote against the majority of his dis- duty, honor, courage, and service. During District, which, in fact, adjoined the 12th trict if he felt something was vital in the na- World War II, he flew many combat missions. District that Jim represented. Jim went to tional interest. And he then added that it I haven’t really been able to discern exactly Speaker Tip O’Neill and made sure I was was his responsibility to go back to his con- how many yet because there’s such a debate named to the powerful House Rules Com- stituents to explain his vote and hopefully over it. Maybe somebody will tell me before mittee, an appointment that almost never convince them that he was right and they I go back to Washington. And he served as a went to a freshman Member. were wrong. He added that if a Congressman bombardier and was awarded the Distin- From that day on, Jim Wright and I be- couldn’t successfully do that, he wouldn’t be guished Flying Cross for his bravery. came both colleagues and friends. He was my reelected, and that was as it should be. Jim believed that government should serve mentor during the 11 years we served to- He did a very good job following his own the people as well as the economic interests, gether, and I learned an enormous amount advice. I did the same and found that he was which also must be represented, and provide just watching him in action. And when I in- exactly correct. Federal assistance to communities and herited the Black community in southeast Fort Worth is a great city today because of States like Arkansas, where I’m from. It’s in Fort Worth following the 1991 redistricting, I Jim Wright. We all owe him an enormous need of capital development in order to pro- only used one picture in my mailing: a photo debt of gratitude. We will never see his like vide infrastructure to try to attract industry of Jim Wright and me. There wasn’t any- again. and jobs for our people. That was, in his thing else the voters in that part of my dis- (The Honorable Bill Alexander, United view, providing building blocks for the foun- trict needed to know. States House of Representatives, First Dis- dation of the economic development that They continued to be my base for the re- trict of Arkansas, 1969–1993) benefits all of us. All you’ve got to do is look mainder of my 26 years in Congress, and just Mr. Alexander: Jimmy and Ginger, Kerry, around in Texas a little bit to find out if it to make sure people in Fort Worth knew Lisa, and all the Wright family, I feel that works. that I had strong ties to Fort Worth, even we are kin. The criticism of Speaker Wright, which is though I now lived in Dallas, he used to tell And to all of his friends who are here in the news, instead of all of the accomplish- anyone who would listen that I went to high today, I join you in tribute to one of my ments that we know he achieved, his strong school in his district in Fort Worth’s Pas- dearest friends. leadership came from a changing Congress. chal, and he went to high school in my dis- I kept up with Jim through the years, even Some of my former colleagues from Congress trict in Dallas’ Adamson. after he left Washington and returned to are here today, and they know what I’m When Jim taught a course at TCU on Con- Texas; and following his recovery from sur- talking about. gress for 20 years after leaving the Congress, gery, I gave him a call one day, and he in- Beginning with the 1968 election, which I was proud to be a guest lecturer for him vited me to come to Fort Worth. So my son was my first election to Congress, the ideals every single year. The last time I saw Jim and I—Alex, who is here—with his sister Ash- and values of the Greatest Generation began was in the spring of 2014, when I was working ley, who came to TCU at a later time, to evolve. A Congress run by Southern on a book about Congress. We visited for boarded our plane and came to DFW. At Democrats, who chaired mostly the impor- about an hour in his office at TCU. His body those days, Jim was driving, and so he met tant committees in the Congress, was gradu- was frail, but his mind was as sharp as ever. us at the airport. I’d never been outside of ally replaced by a younger generation of I learned how to be an effective Congress- DFW before, so I didn’t know what to expect. Congressmen and Senators, many of them in man by observing Jim as a colleague and as And so as we left the terminal, I noticed the other party. And when he left Congress, a junior partner on a variety of matters that all of the concrete infrastructure that sup- even his political enemies often remarked helped Fort Worth. He never forgot the peo- ports the airport: the entrance ramps, the that, had he stayed in Congress, he would ple who sent him to Washington. He was a exit ramps, the overhead bridges, the long have been the greatest Speaker since Henry stalwart in his work on behalf of defense ride to the interstate. I never saw so much Clay. workers at what is now Lockheed Martin, concrete in all my life. So I turned to Jim, His time as Speaker laid down historic which was General Dynamics, and Bell Heli- who at one time, as most of you know, was markers. He was the last great figure in Con- copter in Fort Worth. chairman of the Public Works Committee, gress to keep alive the idea of development— He played a significant role in the decision and I said to him, ‘‘Jim, how much money that came from the New Deal—that would by American Airlines to move its corporate did the Public Works Committee spend on help our economy. headquarters from New York to the this airport?’’ And he looked at me and After him came what we call Reaganomics Metroplex, and he was a strong supporter of rolled his brow and lifted his big bushy eye- and the tidal wave of polarization of our two DFW airport, the jobs magnet for this part of brows and he said to me, ‘‘Not a penny more political parties and the continuing mindless the State. than the law allowed.’’ cannibalism which we can still see evident We worked together—and by the way, he Jim was probably one of the most success- today between the parties and even in the did the heavy lifting—to convince the rail- ful chairmen in Congress; and with that suc- parties in Congress. road to make its right-of-way available for cess, people encouraged him, and he ran for Criticism of Speaker Wright’s forceful the Trinity River Express connecting Fort majority leader. As all of you probably fol- leadership came from Republicans and Worth and Dallas. No request from anyone in lowed in the news, it was a very contentious Democrats alike; although, at the time he Tarrant County was too small to win Jim’s race, and on the day of the vote, I was ap- stepped down, the principal antagonists help. pointed to be a judge. And so after the votes came from within our own party. I was there, Also, Jim’s role in promoting the careers were cast, I adjourned with the other mem- and I know who they are. of promising African Americans from Fort bers of the election group and counted the What followed was a profound change in Worth was of great significance. He brought votes. We counted them twice, and Jim won the power structure in Congress, shifting Lorraine Miller, a young woman from the by one vote. away from the power and authority lodged in southeast side of Fort Worth, to Washington I got up from the chair in the Speaker’s a handful of key Southern committee chair- to work on his staff. Years later, she became lounge—the Speaker’s lobby, we call it— men to a dispersion of power among prolifer- the first African American to serve as Clerk rushed through the door to the House Cham- ating committees and subcommittees, en- of the U.S. House and recently served as in- ber, and Jim was sitting on the second row couraging intensifying rivalries and even po- terim national president of the NAACP. And on the Democratic side in the Hall of the litical fratricides throughout the House. His just a few years ago, Jim played a key role House. I rushed up to him and I said, ‘‘Jim, departure marked the end of an era when in the election of Mark Veasey, who became you won.’’ He was surprised because no one Southern Democrats dominated in both the the first Black Congressman from Fort knew the outcome of that election. He House and the Senate, along with a gradual Worth. looked at me, and he said, ‘‘Are you sure?’’ evolution of the Congress toward social One of Jim’s greatest strengths was mold- And I said, ‘‘Jim, I counted the votes, and if issues. ing a disparate group of Democrats into an you hadn’t won, Phil Burton said he would It marked the transition from Southern effective majority when he became Speaker. send me to Alaska.’’ leadership of Congress to a growing con- During his first year as Speaker in 1987—and Following in the footsteps of Sam Rayburn centration of power of the Democratic Party Tony and Steny, you will remember this— and Lyndon Johnson, Jim asserted leader- in our Nation’s biggest cities, many of them Congress passed all 13 appropriation bills be- ship in Congress at a time of confusion in the in the North, opening a widening rift be- fore the start of the new fiscal year on Octo- Senate and the White House, demonstrating tween our Nation’s small towns and rural ber 1, something that is almost never done a unique ability to command our Nation’s areas and the political interests of the inner today. political resources to get things done. And cities. The way was opened for lobbyists to I remember his response to a question from this went across the aisle to the Republicans shift attention away from schools and roads the audience at that speech at Temple Beth- and even down Pennsylvania Avenue to the and bridges and water systems that helped

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.002 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 13, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E685 our people to special interests of Wall Street trying to collect the requisite number of fight in the eighth round, he hit me twice in banks and a commercial agenda. votes for him to become Speaker of the the face.’’ And if any of you remember or A fluent speaker of Spanish, he took the House 2 years out. happened to have seen it, George Foreman initiative to intervene in the political crisis February 7, 1985, 11 o’clock in the morning, began to cartwheel. He began to turn and fall in Nicaragua and crafted peace talks that a national press conference was held in the to the floor. And as he was falling, Muham- laid the foundation for elections. When I as- office that Steny Hoyer’s offices are in mad Ali, as all boxers are trained all their sisted him in this so-called ‘‘junket,’’ in his today. He met the national press. He was life to do, cocked his arm to hit him with endeavor I found that what we tried to do surrounded by his colleagues. He was sur- what is known as the ‘‘killing punch.’’ generated much consternation among Presi- rounded by people who loved him and wished And George Foreman said, ‘‘I looked up dent Reagan’s White House staff. Later, an- well for him, and he made the announcement out of my left eye, just partially conscious, other great Texan, James Baker, observed that he had achieved the requisite number of knowing I was going to the floor, and he that what Jim Wright did with his interven- votes to capture his dream, to be Speaker of never threw that punch. So for me, he’s not tion in Nicaragua turned the corner for that the House. He put a peace, if you will, in a the greatest champion that ever lived for the nation and helped the U.S. and Nicaragua to body that’s not given to peace easily about punches he threw; it’s for what he didn’t do. come to better terms with one another. the next years and how things would follow. It’s the punch he didn’t throw.’’ Jim Wright was not only a master of the Fifteen minutes later, he grabbed me by And the very people who besmirched and political structure and the rules in Congress, the arm and escorted me and my wife, impugned this prince of peace at the end of he also was an author, a professor. He lec- Donna, up the back stairs with 31 other peo- his public career, when they fell on hard tured at Texas Christian University with ea- ple to the House Chaplain’s office where times and they fell by the sword they had so gerness to inspire and guide our Nation’s Chaplain Ford married us at Henry Clay’s recklessly wielded, not once in private—and youth. desk, the great compromiser. And then, he certainly never in public—did Jim Wright In the tradition of Sam Houston and Sam walked back downstairs with us. We had a throw that punch. He could not retaliate. He Rayburn, Jim Wright was a giant. I was his reception in the office. He pulled Donna and didn’t just talk Christian forgiveness; he chief deputy whip in the Congress, the worst me aside and he said, ‘‘I only have two things lived it. His higher calling at that time was job in the House of Representatives, but it to tell you two: Paul, always hold her hand, to find a way to inspire students at TCU to was worth all the knocks and the cuts and and never go to bed mad.’’ engage in public service and to think about the bruises and the criticism that I endured Mr. Speaker, sometimes you set the bar the possibilities of what they could build, to fight for the values established by the too high. I have removed pillows from my like the beautiful people in this room today. Greatest Generation until the ideals were bed so as not to elevate the temptation for He didn’t throw that punch. changed by a new breed of voter who believes Donna to smother me. I was 15 years old, standing in front of a There are so many things privately that I that Washington is not a solution, rather, black-and-white TV, and I watched Robert loved about him and that we shared. He had Washington is the problem. Kennedy say, ‘‘When he shall die, take him a passionate love for boxing. He knew box- He was my dear friend, and I stood with and cut him out into stars, and he shall ing. He knew boxing like Nat Fleischer, the him in every fight for the values that won make the face of Heaven so fine that all the famous author who recorded almost every- World War II and provided the building world will be in love with night and pay no thing of significance about American heavy- blocks and foundation for the greatest econ- worship to the garish Sun.’’ weight boxing. We went to a fight. We went omy on Earth. I didn’t know at 15 just what that meant. to Golden Gloves. We went to the Olympic God bless Jim Wright. At 65, I marvel how Bobby Kennedy could trials. We went to tons of professional fights. (Mr. Paul Driskell, Special Assistant, Ma- have mustered the strength and the insight It was like going to that fight with Nat jority Leader James C. Wright, Jr.) to say that about the brother he loved, in Fleischer, and he would be sitting there and Mr. Driskell: Martin, Bill, Betsy, Mike, some ways his best friend, and, oh, by the he would be reciting to you the ring scores of Kenneth, Mr. Leader, Steny Hoyer—the one way, in passing, the President of the United the Firpo-Dempsey fight. He knew—every— man in this sanctuary today who knows the States. every hobby and interest he had, he wanted full weight and measure and the responsibil- I understood because of this church and be- to know everything there was to know about ities of the job this prince of peace executed cause of my association with him that all of it. If you ever saw the roses that he cul- so beautifully for so many years. Dear us have a spark of divinity. We are all made tivated, you’d understand that in spades. He Steny, thank you for your presence today. in God’s image, and that spark is there, but was a gifted horticulturist. He was a great How very, very special, how honored he what I didn’t understand was that there are teacher. would be, how much he would love this con- Kay, you and I sat just about where Steny a special few who possess a flame, a torch. gregation today. This is a delegation of com- It’s bigger. It’s more committed. It’s some- was sitting 2 years ago, 21⁄2 years ago, and munity builders. you told me how he taught you and Ginger, thing we can appreciate. It’s not necessarily Mr. Wright loved Sam Rayburn dearly, and Jenny and Lisa about God. In fact, he used a something we readily understand. he often quoted him; and of course many wagon wheel and said that was the universe It’s not by accident that there’s an eternal people wondered why Mr. Rayburn went back and God was, indeed, the hub; and the spokes flame that burns at John Kennedy’s grave to Bonham, Texas, after announcing he was represented the people, and, of course, the and why, for all the accomplishments: the going to leave the House, and his answer was rim, where all the damage and impact takes Peace Corps, the space program, all of those simple: place, was the furthest from God. And he ad- things—no. That’s part of it. That’s why mil- Bonham, Texas: the people there know monished you that it was your job, it was lions go there to pay respects. The part of it when you’re sick, and they care when you your responsibility, it was a testament of is that during the most sensitive time in our die. your faith to move closer down those spokes Nation’s history, when we were the closest to You have validated Jim Wright’s recita- because you would be closer to more people, engaging in a nuclear holocaust, when every tion of that quote, all of you today, by hon- and as you were closer to more people, you’d adviser that that President had was admon- oring him in coming here. You knew he was be closer to God. What a gift. ishing him to take advantage of the tactical ill, and you cared that he died. Oh, how he I’ve often wondered, and I think everyone and strategic position we occupied for those would celebrate you. Oh, how he must be en- in this sanctuary today wonders, why God precious few days and strike Cuba with nu- joying this. He loved people of accomplish- lets us see certain things at certain times. It clear weapons, he didn’t throw that punch. ment. He loved people who contributed and seems rather odd. Last week, just the day be- And we’re all breathing good air and loving built. fore his passing and only a few days after my our friends and conducting our lives because Mr. Rayburn used to always say: A jackass last visit with him, there was a documentary of that divine torch. can kick a barn down; it takes a carpenter to on about George Foreman. I happened to The thing I think I will miss most is a pri- build one. It’s no accident that our Lord was turn it on the other night. George Foreman, vate passion that Jim had and I shared. He fathered by a carpenter—and parented by a the famous heavyweight, struck fear and ter- loved movies. The singular thing that we carpenter in his early years. ror in everyone’s heart—undefeated, knocked really appreciated together was we happened I’d like to give you a sense of Speaker poor Joe Frazier down eight times. And the to think that Robert Duvall was the greatest Wright, Jim Wright, and my friend. It may interviewer asked him a question. He said, American actor that’s ever lived. be very, very unique. And as I have thought ‘‘Who was the greatest champion of all time Jim’s favorite movie was ‘‘Tender Mer- about him so much and as I visited him in in your estimation?’’ And George Foreman cies,’’ and my favorite film was ‘‘The Nat- those final days, things came to me that I didn’t hesitate. He said, ‘‘Muhammad Ali.’’ ural.’’ And in ‘‘The Natural,’’ there’s a would have never imagined. He was, in fact, That stunned the interviewer. scene—of course, all the ladies in here know the first gifted multitasker. Now, if you Muhammad Ali had defeated George Fore- Robert Redford was the natural. He was Roy know anything about Jim, he despised any- man in Zaire, Africa, and usually when a Hobbs, the gifted baseball player. Robert thing to do with technology, but he was a boxer loses to another one, it was a lucky Duvall was the cynical sportswriter; Wilford multitasker. Let me explain what I mean. punch or you’re just a little better that Brimley was the crusty old coach. February 7, 1985, 11 o’clock in the morning, night, not the greatest champion that ever And there’s that beautiful soliloquy where after about 30 days, some of the people in lived. He didn’t hesitate. He said, ‘‘Muham- the coach walks in and he says—I mean, par- this room—Tony, John—had been working mad Ali.’’ don me, Robert Duvall walks in and says to diligently because Mr. O’Neill had told us The interviewer said, ‘‘Why? Why do you the coach, ‘‘Coach, who is this Roy Hobbs?’’ privately he was going to retire. So we were choose him?’’ He said, ‘‘Well, if you saw the And the coach turns on his heels and says, ‘‘I

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.003 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E686 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2015 don’t know who Roy Hobbs is. I just know And he said, ‘‘You know, when I read that, His daughters, Ginger and Kay, were fighting he’s the best there is and the best there ever I realized he doesn’t say, ‘Let your light so one time as sisters do, and Jim intervened as will be.’’ shine so that others may see your good the peacemaker. And he made each one of Jim Wright, you are the natural. works and think what a great guy.’ ’’ And them go to her room and write an essay, en- There probably has never been a man in then he went on to say, ‘‘The purpose of good titled, ‘‘Why I Love My Sister.’’ And he held American history who I can recall that so works is not to get bragged on.’’ But then he on to those essays for 30 years, and then he eloquently used the English language. He said this: ‘‘But if I’m honest with you, I gave them back to the girls so they could helped those of us who only have sparks ap- guess I’m going to have to let you in on a lit- read them. preciate the flame with his application of tle personal confession. Being bragged on, I Kay wrote this: ‘‘Well, I suppose she’s nice. our language. like it,’’ he said. ‘‘I eat it up.’’ Her friends seem to like her.’’ And it seems a shame that I can’t find And on another occasion, he said after an Ginger wrote: ‘‘Well, she seems to like my words in my language to encompass all that introduction, ‘‘Undeserved as though an in- clothes because she wears them all the he was, and yet he will always be. Only in troduction like that is, indeed I want you to time.’’ Spanish: Vaya con Dios—go and be with God. know that I liked it. I liked every word of He closed the door after reading those es- Light of our land. Vaya con Dios, friend of it.’’ says and guffawed, as you can imagine. my life. And then he said, ‘‘There are two kinds of Ginger’s comment, when she was telling Congregational Hymn—‘‘This is My Song’’ people who appreciate flattery: men and me about it, was, ‘‘And he thought the San- Reverend Bruster: I invite you to hear now women.’’ dinistas and Contras were tough.’’ the words of the Apostle Paul from the first So since Jim made that confession, I guess Jim was a servant leader; we know that. letter to the Corinthians, Chapter 13: it’s okay that we tell of his good works and His accomplishments were many. In serving ‘‘If I speak in the tongues of mortals and of that we laud him. And I hope that he would his beloved Weatherford and his beloved Fort angels, but do not have love, I am a noisy appreciate that we do it not just pointing at Worth and his beloved Nation, he was a serv- gong or a clanging cymbal. And if I have pro- Jim, but pointing at the source of all of that ant leader. Whether that was as a father, a phetic powers, and understand all mysteries for Jim; pointing not just to Jim, but beyond grandfather, a great-grandfather, a soldier, a and all knowledge, and if I have all faith, so to the legacy that he received from other State legislator, a Scout master, a golden as to remove mountains, but do not have people, and beyond Jim to his faith and his gloves boxing coach, a Sunday school teach- love, I am nothing. If I give away all my pos- commitment to Christ that guided his life. er, a church leader, a mayor, a Congressman, sessions, and if I hand over my body so that He leaves a great legacy, and our words a majority leader, a Speaker of the House, a I may boast, but do not have love, I gain hold up those great attributes not to point teacher, or a friend, he was a servant lead- nothing. just to Jim, but to also point to his faith and er—again, following the words of Jesus that ‘‘Love is patient; love is kind; love is not commitment and the One in whom he had we are to be servants of one another if we’re envious or boastful or arrogant or rude. It faith and the One that he sought to follow, ever to be called great. does not insist on its own way; it is not irri- and also to see Jim’s life as an example to all His life was committed to compassion and table or resentful; it does not rejoice in of us. justice. I read those wonderful words from wrongdoing, but rejoices in truth. Love bears I want to think about that with you for Micah a moment ago. Micah was writing to all things, believes all things, hopes all just a few minutes. Jim was an encourager. a nation, to his people, who had lost their things, endures all things. As he sought to be a follower of Christ and as way, who had lost sight of that which was ‘‘Love never ends.’’ he put that into practice in his life, he knew most important. They had the right words. And Paul ends that chapter with the the importance of encouragement. He was an They had the right rituals. But Micah wrote words: encourager. that that was all empty and reminded them ‘‘And now faith, hope, and love abide, these In the book of Acts, we meet a man named of what was most important that they three; and the greatest of these is love.’’ Joseph. He was from Cyprus. But we don’t should have known already. The words of Jesus in the Gospel of Luke, know him as Joseph. We almost never hear He said, ‘‘What has he told you, O mortal, a sermon on the plain: that. After his first introduction in the book but what is good, and what does the Lord re- ‘‘But I say to you that listen, Love your of Acts, he’s known by his nickname, and his quire of you but to do justice, and to love enemies, do good to those who hate you, nickname was Barnabas. The disciples, the kindness, and to walk humbly with your bless those who curse you, pray for those apostles, nicknamed him Barnabas because God.’’ who abuse you. If anyone strikes you on the Barnabas means ‘‘son of encouragement.’’ He On so many occasions, I saw Jim share his cheek, offer the other also; and from anyone was an encourager. Imagine having your faith; I saw Jim share his values, heard him who takes away your coat, do not withhold nickname mean one who encourages. We speak in this pulpit. A number of years ago— even your shirt. Give to everyone who begs could call Jim that, a Barnabas, because he I think it was in 2006—my wife, Susan, who from you; and if anyone takes away your was. He was a son of encouragement. was working at William James Middle goods, do not ask for them again. Do to oth- How many of us in this room, I wonder, School as academic coordinator, shared that ers as you would have them do to you. have, in our possession, notes of encourage- with Jim, and he said, ‘‘I used to go to Wil- ‘‘If you love those who love you, what cred- ment from Jim Wright? I would guess a lot liam James Middle School.’’ And she invited it is that to you? For even sinners love those of us. Those notes arrived at a time of dis- him then to come and speak to the students, who love them. If you do good to those who couragement, perhaps, or a time of grief or a and she had Jim Wright Day, and he spent do good to you, what credit is that to you? time of uncertainty or a time of failing con- most of the day at the school. And he talked For even sinners do the same. If you lend to fidence or a time of waning courage. A note with those students, and he had a reception those from whom you hope to receive, what of encouragement arrived at just the right in the library where he shared with them. credit is that to you? Even sinners lend to time. There was a big assembly in the audito- sinners, to receive as much again. But love What is the value of those notes? I was rium, and it’s one of those old classic schools your enemies, do good, and lend, expecting thinking about that and thought, you know, with a big auditorium, a balcony in the back, nothing in return. Your reward will be great, the law of supply and demand would say and it was packed with middle school kids. and you will be children of the Most High; those notes are not worth anything at all; And I couldn’t believe my eyes and my ears for He is kind to the ungrateful and the there are too many of them on the market. when he spoke to them. You could hear a pin wicked. Be merciful, just as your Father is But the value of those notes goes far beyond drop. He was a master. merciful.’’ that. They’re valued in a different way. One And he shared with those kids the story of Jim had a wonderful, quick wit as we all person told me that she had such a note in a the Good Samaritan. I remember how he know. His responses to glowing introduc- plastic sleeve and carried it with her for a started into that. He said, ‘‘There are a lot of tions illustrated that point. Two years ago, long time. different beliefs.’’ He said, ‘‘There is a man when Cissy Day was introducing him to a What an encourager, not just the notes, who lived a long time ago. His name was Sunday school class where he was about to but the right words spoken at the right mo- Jesus. He was a very good man, and a lot of speak, she told a story at the end of her in- ment. different people believed a lot of different troduction of something that he had done We give thanks to God for Jim because Jim things about him. But he told some stories that was very kind and a note that he had was a peacemaker, and we have heard our that taught some important values, and ev- written to her that was a kind note that she speakers talk eloquently about his peace- erybody agrees on that,’’ he said. treasured. When he stood up then to speak, making efforts. He often quoted Jesus, again, He told the story of the Good Samaritan. he looked over at her and he said, ‘‘Uh, I had from the Sermon on the Mount: Blessed are You know the story. The man is beaten and forgotten how nice I used to be.’’ the peacemakers, for they will be called chil- robbed, lying on the side of the road. Along After a glowing introduction at another dren of God. come two people who pass by on the other event, he said, ‘‘An event of this dimension And he was a peacemaker. He was a man of side, and then comes the Samaritan who is is just terribly hard on one’s humility. Try strong convictions but yet able to see and to the outsider in the story, and he’s the one as I might to look and sound humble, I just respect the perspective of another and to who helps the man. And I remember Jim said can’t quite pull it off.’’ bring people together in ways that make for to those kids, ‘‘This illustrates really three And then he quoted Jesus: ‘‘Let your light peace. He was, as a peacemaker, a child of philosophies of life, the three ways of ap- so shine before others that they may see God, as Jesus said. proaching life.’’ your good works and give glory to your Fa- Now, peacemaking extended beyond what He said, ‘‘There is the philosophy of the ther who is in Heaven.’’ you may know about to his role as a parent. thieves, and their philosophy is what’s yours

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.004 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 13, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E687 is mine, and I’ll take it.’’ He said, ‘‘That phi- for his love for and his commitment to You missal of Rev. H.M. McIntyre. Although his losophy still lives in attacking others and and to his family and to his friends, to his pastorship was that of outstanding achieve- cheating people and greedy business prac- Nation. ments in the church, there arose feelings of tices and being envious of others and what- We give You thanks for his kindness, his ever belittles or injures or degrades another passion for justice, his courage, and his rebellion. Eventually, Rev. Gayles with some person. It’s not always physically violent,’’ strength of character. Loving God, hold us of his deacons were disbarred from the he said. He said, ‘‘We rob others by slander and all who mourn in Your love, and comfort church. Out of this band of members was born or gossip when we injure their reputations.’’ this loving family and comfort us, his the now New Hope First Baptist Church. And he said, ‘‘The second philosophy is friends. Help us all to be ever mindful of The first modern day pastor of the New that of the two men who saw the wounded Your sustaining presence. Hope First Baptist Church was Rev. H.H. man but offered no help.’’ He said, ‘‘Their We offer a prayer in the name of Jesus. Humes who began pastoring the Church in central operating principle is what is mine is Amen. 1927. Rev. Humes began a long tenure in In just a few moments, the family will all mine, and I’ll keep it for myself.’’ He 1927 which lasted until 1941. During the pe- said, ‘‘That’s less violent, but in its own way process out, and you’re invited to Wesley it’s as selfish as the first.’’ He said, ‘‘We can Hall, which is across the garden in that adja- riod of Rev. Humes’ tenure in 1940 the church come up with all kinds of excuses to justify cent part of the building, for a reception was completely torn down and rebuilt. Earlier not helping those injured along life’s high- with the family. Please note the instructions the first floor was completely remodeled after way. We deceive ourselves and ignore their that are on the back of your bulletin, and I the 1927 Flood. The structure completed in suffering by saying that they’re not our re- invite you to please remain seated, if you 1940 remained the home of New Hope First sponsibility.’’ will, until the ushers direct you. Baptist Church congregation until 1977. Rev. Then he said, ‘‘Then there’s the Samari- Ginger shared with me one of her favorite Humes left the church in 1941 only to return tan. This was Jesus’ model for humanity. He memories of opening of the Presidential dis- was a stranger and a child of another reli- play, the new Presidential display in the again as the pastor in 1954 and remained in gious heritage, but he extended himself free- early 1990s, a room turned into a replica of that position until his death in January of ly to help one in need. And his philosophy is LBJ’s office there in Austin. There was an 1958. what’s mine is yours if you need it, and I’ll antique pump organ there signed by all the In 1954, New Hope First Baptist Church share it with you.’’ Members of Congress, and Jake Pickle sat began its long relationship with Rev. J.M. And then he said, ‘‘Jesus told that story in down at the organ and started playing a Kimble. Rev. Kimble served from 1958 until answer to a question. The question was, Who hymn. And the congressional Members and July of 1969. With his sweet spirit and general is my neighbor?’’ And then he told those former Members there started singing the manners, Rev. Kimble typified the Christian kids, ‘‘There are these three philosophies of hymn, and it’s the hymn that we’re going to spirit by his continued visits to the sick in life, and there’s only one that makes the sing in just a moment after Jim’s great- world a better place. There’s only one that grandchildren give us our benediction. homes and in hospitals. When Rev. Kimble makes your relationships better, and it’s A benediction isn’t really a prayer. It can initially left New Hope First Baptist Church in that of the Samaritan. And we each can be a prayer of course, but traditionally, it is July of 1969, he was followed by Rev. Albert choose how we live.’’ not. The word ‘‘benediction’’ literally means Jenkins who came in the autumn of 1969 and Now, that illustrates so much how Jim ‘‘a good word.’’ The great-grandchildren, led remained pastor until the early part of 1971. lived and how he wanted to pass on that leg- by the oldest, Campbell, will give us their During Rev. Kimble’s first tenure as pastor, acy to those who came after him. good word. the church purchased additional land and Much has been spoken about his ability to Will you come now. property on the corner of Theobald and Nel- forgive, and I cannot but think, as we medi- (Campbell Brown, Jim Wright’s great- tate on those words of Jesus, the words of granddaughter, and Jim Wright’s great- son Streets. At that time the Trustees included Paul about love, Jesus’ words about forgive- grandchildren) Constance W. Watson, Herbert Caver, Joe ness, and I can’t help but think of the quote Miss Brown: Hi, my name is Campbell Hillard and Jessis Winters. that he often gave from Abraham Lincoln. Brown. Everyone on stage with me is a Rev. Kimble returned to New Hope in the Someone once asked Lincoln if he believed great-grandchild of Jim Wright or, as we like early part of 1971 and is presently the pastor. in destroying his enemies, and Lincoln re- to call him, ‘‘Great Pop.’’ He, like those who preceded him, again took plied, ‘‘Of course, I would like to destroy my None of us were born when he was in Con- up the challenge of a progressive and asser- enemies because I’ve never wanted enemies. gress, but we all knew his love for this great tive Christian force in Greenville. The progress The only way I know satisfactorily to de- country, especially Fort Worth. We are told stroy an enemy is to convert him to a by many people that he often said, ‘‘I want of the church was remarkable as exemplified friend.’’ to make the world a better place for my chil- by the newly constructed building which was The Fetzer Institute has done a lot of re- dren, their children, and their children’s made available for services in May of 1978. search on forgiveness, and they define it in a children.’’ Well, that’s us. Next to me are the The Sunday School, Bible Class, Christian way that I think is so meaningful, and that children of the grandchildren. We are the Education, N.B.C., Ushers, Deaconess Broad, is, forgiveness is the difficult, intentional next generation. Deacons, Pastor’s Aid Club, Senior Mission, process of letting go of an old reality and We would like to ask you to honor our J.M.A., Red Circle, Choirs, and Trustee opening up one’s self to a new one. And Jim Great Pop for the rest of the day by thinking Boards have played an important part in the lived that difficult, intentional process of about how you can make the world a better being able to let go of an old reality and growth and development of this church. place. As you walk out of the church and for On January 1, 1987, New Hope started opening up and living a new one. the rest of today, think about peace, not One friend emailed me and said, ‘‘He was war; think about abundance, not scarcity; commencing full-time service. In recognition of the poster child for amazing grace.’’ think about love, not hate, and hope, not de- the same, Pastor Kimble and all other New That’s the legacy that we celebrate today, spair. Hopers are very, very grateful to God and the and there’s so much more that could be said. Please help us lift Great Pop to his next members of the organizational structure com- The challenge for all of us today was how do roll call by singing the final hymn. mittee for having made a giant step toward we winnow it down. But you know what? You Thank y’all for coming today. providing opportunities for all members of New carry those stories of Jim; you carry those Congregational Hymn—‘‘When the Roll is Hope First Baptist Church to become involved memories; you carry that legacy. Share it; Called Up Yonder’’ share it with one another; and do your best. Recessional—‘‘For All the Saints’’ in the church’s total program. Let us all do our best to live it—to live it. Mr. Speaker, I ask my colleagues to join me f In the obituary that you were handed as in recognizing New Hope First Baptist Church you came in, there is a favorite quote of his HONORING NEW HOPE FIRST for its longevity and dedication to serving oth- from Horace Greeley: BAPTIST CHURCH ers. ‘‘Fame is a vapor, popularity an accident, f riches take wings, those who cheer today may curse tomorrow. Only one thing en- HON. BENNIE G. THOMPSON REGULATORY INTEGRITY dures—character.’’ OF MISSISSIPPI PROTECTION ACT OF 2015 Well done, Jim Wright, good and faithful IN THE HOUSE OF REPRESENTATIVES servant. Let’s pray. SPEECH OF Gracious God, we give You thanks for the Wednesday, May 13, 2015 hope that faith in You gives. For all Your Mr. THOMPSON of Mississippi. Mr. Speak- HON. TED LIEU people who have laid hold on that hope, espe- OF CALIFORNIA er, I rise today to honor a remarkable church, cially we thank You for Your faithful serv- IN THE HOUSE OF REPRESENTATIVES ant Jim Wright. We thank You for all Your New Hope First Baptist Church. goodness to him and for everything in his In the year 1878, Rev. G.W. Gayles, a trav- Tuesday, May 12, 2015 life that was a reflection of Your love and eling missionary became pastor of the Mt. The House in Committee of the Whole Your grace. We give You thanks for his faith, Horeb Missionary Baptist Church after the dis- House on the state of the Union had under

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.005 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E688 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2015 consideration the bill (H.R. 1732) to preserve senior academic scientists on more than a James’s life and legacy contribute to Warren existing rights and responsibilities with re- dozen research grants, bringing over 20 mil- being a better place to live and call home. He spect to waters of the United States, and for lion research dollars to Marin County and the is survived by his sisters Dorian, Chrisi, and other purposes: greater San Francisco Bay Area. Ms. Barlow Jennifer; his son, Eric; his sister Demetra; and Mr. TED LIEU of California. Mr. Chair, I rise has been a particularly strong advocate for in- four wonderful grandchildren. James was a today to express my strong opposition to H.R. creased funding for breast cancer prevention beloved part of the Warren community and he 1732, the Regulatory Integrity Protection Act. research, which currently comprises only a will be deeply missed. This harmful legislation undermines the Envi- small portion of overall breast cancer funding. f ronmental Protection Agency (EPA) and Army Zero Breast Cancer is a national leader in Corps of Engineers’ ability to regulate and pro- supporting research on the role of environ- RECOGNIZING THE 946TH FORWARD tect our wetlands and streams, and it is an as- mental risk factors behind breast cancer and SURGICAL TEAM sault on the Clean Water Act. continues to advocate for research that spe- H.R. 1732 would block the EPA’s current cifically investigates prevalence of breast can- HON. BRADLEY BYRNE Clean Water rulemaking, forcing the EPA and cer in Marin County and the Bay Area. By OF ALABAMA Army Corps of Engineers to go back to the helping to lead a study that investigated the IN THE HOUSE OF REPRESENTATIVES drawing board and start over with the process, relationship between pubertal development Wednesday, May 13, 2015 undermining years of work undertaken by and breast cancer, Ms. Barlow paved the way agencies, businesses, and numerous other for breakthrough science focused on youth. Mr. BYRNE. Mr. Speaker, I rise today to stakeholders. Every American deserves to Mr. Speaker, it is fitting that we honor and recognize and honor the 946th Forward Sur- have access to clean water, and the proposed thank Janice Barlow for her years of dedicated gical Team as they prepare for their next de- Clean Water rules, under the Clean Water Act, service to the people of Marin County and the ployment. would safeguard the drinking water of more extended Bay Area community, and for her The 946th was constituted on January 23, than 117 million people who currently rely on advocacy on behalf of all whose lives have 1997 and activated at Fort James H. Wright streams lacking clear protection. The EPA has been impacted by breast cancer. On behalf of Reserve Center in Mobile, Alabama. The unit acted to protect America’s waters under the the many individuals and organizations she began with six officers and six enlisted sol- Act before, and it is an outrage that House has served, I am privileged to express our diers. The 946th has been deployed into ac- Republicans are blocking the EPA and Army deep appreciation to Ms. Janice Barlow for her tive theater in Afghanistan on multiple occa- Corps from doing the same now. Americans exemplary leadership, and convey our best sions. The 946th has attended multiple train- and businesses deserve certainty and under- wishes as she pursues new endeavors. ing programs and has received several acco- standing regarding which waterways are cov- f lades, including recognition as an ‘‘outstanding ered by the Clean Water Act, and H.R. 1732 unit’’ during Joint Thunder in 2007. would only lead to more confusion. REMEMBERING THE LIFE OF MR. During their deployments, they withstood The EPA engaged in extensive public out- JAMES ECONOMOS multiple mortar attacks while supporting major reach and received hundreds of thousands of combat missions. While providing medical cov- public comments on the proposed Rule, and HON. TIM RYAN erage during combat operations, the 946th the Rule is built upon peer-reviewed science. OF OHIO performed everything from appendectomies to At the very least, the public deserves to see IN THE HOUSE OF REPRESENTATIVES amputations to open-heart surgery related to the final rule before Congress decides to block trauma. During one deployment, the unit treat- Wednesday, May 13, 2015 it. Congress should let the EPA and the Army ed over 500 patient traumas, 380 surgical pa- Corps do their jobs and protect America’s Mr. RYAN of Ohio. Mr. Speaker, I rise today tients, oversaw the conduction of 750 x-rays small streams and wetlands from pollution. I to honor the life of my dear friend and lifetime and laboratory procedures, and coordinated oppose this legislation. Warren, Ohio resident Mr. James Economos. over 300 MEDEVAC transfers. f Mr. Economos was highly regarded within the In April of 2012, Major Forrest L. Neese as- Warren community for his passion for local sumed command of the 946th. In March of HONORING JANICE BARLOW businesses, community service, and his un- 2014, the 946th received honors for its role in wavering dedication to both the Warren G. WAREX 2014 at Fort McCoy in Wisconsin. HON. JARED HUFFMAN Harding High School Football Team and the Mr. Speaker, as the 946th prepares to de- OF CALIFORNIA Ohio State Buckeyes. ploy in support of Operation Freedom’s Sen- IN THE HOUSE OF REPRESENTATIVES Mr. Economos was born in Warren, Ohio in tinel, I want to applaud them for their commit- 1938 and dedicated his life to his family, his Wednesday, May 13, 2015 ment and service to our nation. They provide church, and his family business. He was a such a unique and critical role in supporting Mr. HUFFMAN. Mr. Speaker, I rise today to proud graduate of the Warren G. Harding High our men and women who are working to pre- recognize Janice Barlow, who officially retired School and Youngstown State University. Mr. serve democracy in a very dangerous part of on May 7, 2015, from her position as the Ex- Economos joined the United States Army in the world. ecutive Director of Zero Breast Cancer. For 1960 and after nine hard years of commend- So on behalf of Alabama’s First Congres- the past fifteen years, Zero Breast Cancer has able service, he was honorably discharged sional District, I wish them safe travels in their thrived under Ms. Barlow’s leadership, growing with the rank of Captain in 1969. deployment and I ask God to bless the 946th, beyond the local grassroots to become a re- He married Joan Pompos in May of 1961 their families, and all those who serve our gionally and nationally recognized model for and the two were happily married for thirty- great nation. communities interested in prevention and three years until her passing in 1995. From f elimination of breast cancer. 1960 until his passing, Mr. Economos was the Janice Barlow has skillfully guided Zero owner of Saratoga Restaurant and Catering in HONORING POLICE SERGEANT Breast Cancer’s development by actively en- Warren, Ohio. His family purchased the busi- CARL D. PILCHER gaging the local community and continuously ness back in 1935. And next year Saratoga pursuing research partnerships and opportuni- Restaurant and Catering will be celebrating its HON. JOHN GARAMENDI ties. Over the past 15 years, Janice Barlow 100th anniversary. OF CALIFORNIA has helped Zero Breast Cancer adopt innova- In addition to building a successful busi- IN THE HOUSE OF REPRESENTATIVES tive technologies and outreach strategies to ness, Mr. Economos was very active in his engage new demographics and increased rev- local church and community. He was a mem- Wednesday, May 13, 2015 enue despite the recent economic downturn. ber of Parish Council and served three terms Mr. GARAMENDI. Mr. Speaker, I rise today During this time, Ms. Barlow also personally as president of the church council at St. to honor the service of Sergeant Carl Pilcher, co-authored two groundbreaking reports: The Demetrios Greek Orthodox Church in Warren. a man who has truly devoted himself to public California Breast Cancer Mapping Project: James’s service to our country, his dedica- service. Carl was hired as a Police Officer by Identifying Areas of Concern in California and tion to his business, his love for family and the Fairfield Police Department on April 11, Breast Cancer and the Environment: friends, and his passion for the Warren G. 1988 and over the duration of his career Prioritizing Prevention. Harding High School Football Team and the worked in various capacities which included: Under Janice Barlow’s leadership, Zero Ohio State Buckeyes, all demonstrate the Field Training, Patrol, Special Operations, Breast Cancer has successfully partnered with qualities that made him so special to us. Special Activity Felony Enforcement (SAFE)

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K13MY8.001 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 13, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E689 Team, and Youth Services. On December 31, sional District. I am pleased to announce that PEARLAND FFA STATE TITLE 1999 he was promoted to Police Corporal Aaron Dunn of Toledo, Ohio has been offered where he served in the Patrol Bureau for two an appointment to the United States Naval HON. PETE OLSON years before being promoted to Police Ser- Academy in Annapolis, Maryland. OF TEXAS geant on December 28, 2001. Aaron’s offer of appointment poises him to IN THE HOUSE OF REPRESENTATIVES As a Police Sergeant, Carl supervised the attend the United States Naval Academy this Youth Services Unit, investigators in the Major fall with the incoming Class of 2019. Attending Wednesday, May 13, 2015 Crimes Unit, and several Patrol teams. Most one of our nation’s military academies not only Mr. OLSON. Mr. Speaker, I rise today to recently, Sergeant Pilcher spent the past four offers the opportunity to serve our country but congratulate Turner College and Career High years running the Personnel and Training Unit, also guarantees a world-class education, while School’s (TCCHS) horse judging team who re- where he ensured the Fairfield Police Depart- placing demands on those who undertake one cently claimed the first-ever state title for ment upheld the highest standards in the re- of the most challenging and rewarding experi- Pearland Future Farmers of America (FFA). cruitment, hiring and training of the next gen- ences of their lives. The team comprised of Rachel Golla, Jes- eration of law enforcement Officers. Aaron brings an enormous amount of lead- sica Harper, Andrea Skweres, and Evann Sergeant Pilcher is a skilled team leader ership, service, and dedication to the incoming Wehman, competed against 72 other teams at who has received numerous commendations Class of 2019. While attending Toledo Chris- the State Horse Judging Career Development including an Exceptional Performance Citation tian School in Toledo, Ohio, Aaron was a Event. The teammates evaluated and ranked for his decisive and exemplary leadership. He member of the National Honor Society and four horses in eight classes. After evaluating has been a valued public servant where his Honor Roll. He also played in the marching the horses, the team answered a series of hard work and commitment to the community band, was a class representative and student questions. Their knowledge of appearance, have made him a model representative of the council member. breed characteristics, and athletic ability were law enforcement community. Throughout high school, Aaron was a mem- really put to the test. This is a great victory for f ber of his school’s cross country, baseball and their veterinary science teacher, Jessica basketball teams, earning varsity letters in Koetting, and the rest of TCCHS. We are ex- CONGRATULATING UNIVERSITY OF cross country and baseball. I am confident cited to see you represent Texas this October CENTRAL FLORIDA STUDENTS that Aaron will carry the lessons of his student in the national competition. and athletic leadership to the Naval Academy. On behalf of the residents of the Twenty- HON. DANIEL WEBSTER Mr. Speaker, I ask my colleagues to join me Second Congressional District of Texas, con- OF FLORIDA in congratulating Aaron Dunn on the offer of gratulations again to the TCCHS horse judging IN THE HOUSE OF REPRESENTATIVES his appointment to the United States Naval team for bringing home a state title for Pearland FFA. You have made your commu- Wednesday, May 13, 2015 Academy. Our service academies offer the fin- est military training and education available. I nity proud. Mr. WEBSTER of Florida. Mr. Speaker, I am am positive that Aaron will excel during his ca- f pleased to congratulate the University of Cen- reer at the Naval Academy, and I ask my col- HONORING DR. DAVID MATTHEWS tral Florida for winning their second national leagues to join me in extending their best title at the 2015 National Collegiate Cyber De- wishes to him as he begins his service to the fense Competition (NCCDC). Presented in Nation. HON. BENNIE G. THOMPSON partnership with Raytheon Company and orga- OF MISSISSIPPI nized by the Center for Infrastructure Assur- f IN THE HOUSE OF REPRESENTATIVES ance and Security (CIAS) at the University of Wednesday, May 13, 2015 Texas, the NCCDC held April 24–26 in San HONORING MAJOR ANDY SHIELDS Antonio, Texas featured finalists from 10 re- Mr. THOMPSON of Mississippi. Mr. Speak- gional competitions nationwide. HON. MARK MEADOWS er, I rise today to honor the late Dr. David The NCCDC, started in 2005 to increase in- OF NORTH CAROLINA Matthews. A native of Indianola, Mississippi, terest in the cyber security field, was the first IN THE HOUSE OF REPRESENTATIVES Dr. Matthews left an impact on all whom he encountered through his work as a pastor, national cyber security competition designed Wednesday, May 13, 2015 to test how well college students operate and teacher, and elected official. protect a corporate network infrastructure. Uti- Mr. MEADOWS. Mr. Speaker, I rise today to A World War II Veteran, Matthews returned lizing real world scenarios, students must se- recognize Major Andy Shields, Chief Deputy of to Indianola Colored High School in 1946 to cure and defend the network infrastructure the Macon County Sheriff’s office, who will re- complete his high school diploma. Upon com- and business information systems. In addition tire on June 30, 2015. pletion of his diploma, Dr. Matthews com- to scoring the highest in the competition and Major Shields began serving as a patrol offi- pleted his studies at Morehouse College in winning their second NCCDC Alamo Cup, the cer in Macon County on March 1, 1984, where 1950, and continued his studies at the Atlanta University of Central Florida team, on behalf of he was promoted to Sergeant just two years University, Memphis Theological Seminary, Raytheon, will be coming to Washington, D.C. later in 1986. In January of 1990, he began Delta State University, and Reformed Theo- this summer to visit some of our nation’s pre- his work as an investigator, serving as the logical Seminary. mier national security sites. only detective in the Sheriff’s office for several Matthews served as pastor at Bell Grove Again, congratulations to the University of years. As more investigators joined the force, Missionary Baptist Church and Stranger’s Central Florida team for bringing home their Major Shields’ leadership as Chief Investigator Home Missionary Baptist Church in 1958, second NCCDC national title and establishing was instrumental in maintaining a standard of where he served until his death. Matthews the University of Central Florida as a leader in excellence in Macon County law enforcement. also worked as a teacher for thirty-three years. cyber security. After serving overseas with the United Nations He also served as the first Black Democratic f Peacekeeping force in Kosovo for two years, Election Commissioner for Sunflower County, Major Shields returned to the Macon County first Black Deputy Chancery Clerk of Sun- IN SPECIAL RECOGNITION OF Sheriff’s Office in September 2001, where he flower County, first Black Honorary Deputy AARON DUNN ON HIS OFFER OF was eventually promoted to Chief Deputy and Sheriff and an original member of Indianola’s APPOINTMENT TO ATTEND THE has remained in that position since. His train- biracial committee formed during the Civil UNITED STATES NAVAL ACAD- ing and experience has proven to be exem- Rights Era. He also served on the Governor’s EMY plary throughout his career. Upon his retire- Commission of Mississippi. ment, Major Shields will be the first employee Dr. Matthews received his honorary Doc- HON. ROBERT E. LATTA of the Macon County Sheriff’s Office to retire torate of Divinity from Natchez College, Doc- OF OHIO with a full thirty years of service. torate of Humanities from Mississippi Industrial IN THE HOUSE OF REPRESENTATIVES Major Shields’ unwavering dedication and College and Doctorate of Divinity from Morris leadership is something that all of us can ad- Booker College. On April 15, he left behind a Wednesday, May 13, 2015 mire and respect. As such, I am proud to loving and devoted wife of 64 years, Lillian, Mr. LATTA. Mr. Speaker, it is my great honor Major Andy Shields for his faithful serv- one daughter, and five grandchildren. Dr. pleasure to pay special tribute to an out- ice to the people of Macon County and con- David Matthews spent the entirety of his life standing student from Ohio’s Fifth Congres- gratulate him on his retirement. serving others for the benefit of his greater

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K13MY8.005 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E690 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2015 community. He is one of the finest Mississip- Society, Honor Roll, and received scholastic sier business leader, military veteran and long- pians, and he will be missed. honors. In addition, she was actively involved time philanthropist. Danny leaves behind his f in her church choir and youth group. three daughters and eight grandchildren and Throughout high school, Mary was a mem- was preceded in death by his wife of more COMMENDATION FOR THE LIFE OF ber of her school’s cross country and basket- than six decades, Patricia. CALVIN PEETE ball teams, earning her varsity letters in each. Danny attended Indiana University and I am confident that Mary will carry the lessons graduated with a bachelor’s degree in edu- HON. CORRINE BROWN of her student and athletic leadership to the cation in 1942. But, instead of launching a ca- OF FLORIDA Military Academy. reer in education, Danny decided to enlist in IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my colleagues to join me the U.S. Navy, right in the middle of World Wednesday, May 13, 2015 in congratulating Mary Bahr on the offer of her War II. He served in both the Pacific and At- appointment to the United States Military lantic Theaters until 1946, when he was dis- Ms. BROWN of Florida. Mr. Speaker, I rise Academy. Our service academies offer the fin- charged with the rank of Lieutenant. today to commemorate the life and work of est military training and education available. I After his service in the military, Danny was Calvin Peete. Mr. Peete was one of the most am positive that Mary will excel during her ca- invited to attend training camp with the Brook- successful black professionals in the history of reer at the Military Academy, and I ask my lyn Dodgers, but instead, he took a different the PGA. Mr. Peete won 12 PGA tournaments colleagues to join me in extending their best route. He worked for the Alumni Association at over a 25-year career on the tour that began wishes to her as she begins her service to the IU for a while before starting his career at City in 1976, and continued on the Champions Nation. Securities in 1976. By 1981, Danny was elect- Tour until 2001. His most successful year was f ed Vice Chairman of the board there. 1982, when he won four tournaments. Although busy in his professional and per- Calvin did not begin playing golf until he HONORING 22 TEACHERS OF THE sonal life, Danny was a big believer in the im- was in his 20s, but immediately excelled at a GREATER BOCA RATON AREA portance of community service and giving game most pros learn as young children. He AWARDED TEACHER OF THE back. He spent a lot of his time and money learned the game while peddling goods to mi- YEAR AWARD working to make Henry County and the state grant workers in Rochester, New York, playing of Indiana a better place for its residents. He on the public course at Genesee Valley Park. HON. THEODORE E. DEUTCH and his wife led the effort to relocate the Indi- He was in the top 10 of the Official World Golf OF FLORIDA ana Basketball Hall of Fame to New Castle in Ranking for several weeks when they debuted IN THE HOUSE OF REPRESENTATIVES 1990, and they also championed for the devel- in 1986. He was the leader in driving accuracy opment of the new Henry County YMCA in Wednesday, May 13, 2015 for 10 straight years. This is even more in- 2003. Danny also served on the IU board of credible due to the fact that he could not Mr. DEUTCH. Mr. Speaker, I rise today in trustees for many years and donated $1.3 mil- straighten his left arm. honor of the 22 outstanding teachers from my lion to the Indiana University School of Medi- In addition to his playing accomplishments, district who have been awarded the Teacher cine. He was also chairman of the Walther Mr. Peete supported The First Tee and junior of the Year award from the Rotary Club of Cancer Foundation for a time, chaired the Fel- golf in Jacksonville, in addition to other char- Boca Raton Sunrise. These exemplary teach- lowship of Christian Athletes’ national board, ities. ers continue to make a profound impact on and served as a director of New Castle’s Mr. Peete passed away after a long battle our students through their caring, commitment, Americana Bancorp. with lung cancer on April 29, 2015. He was and professionalism. They are a cohort de- Because of his outstanding leadership and exemplary as a golfer and even more as a fined by integrity, excellence, and the highest service to his community, Danny received the person. Throughout his life, he displayed grit marks in all they do. Sachem award in 2009, which is the highest and determination in relentless pursuit of his For the past 28 years, the Rotary Club of honor given by the great state of Indiana. He goals. Calvin is survived by his wife, Pepper, Boca Raton Sunrise has offered this annual also received the prestigious Sagamore of the and seven children. distinction to a teacher at each of the 22 Wabash award and was named a ‘‘Living Leg- f schools in the Greater Boca Raton area. Each end’’ by the Indiana Historical Society in 2014. awardee is selected by his or her school’s Danny was also my friend. I will always be IN SPECIAL RECOGNITION OF principal. These teachers have dedicated grateful for the encouragement and support he MARY BAHR ON HER OFFER OF themselves to inspiring and empowering the gave me early in my political career. And, I APPOINTMENT TO ATTEND THE next generation of young South Floridians. know the city of New Castle and the State of UNITED STATES MILITARY The amount of time and effort these individ- Indiana will always be grateful for his selfless ACADEMY uals have expended for the betterment of their contributions. community is truly admirable and exhibits a Today, it is my privilege to honor the life of HON. ROBERT E. LATTA level of passion worthy of recognition. Danny Danielson. My thoughts and prayers go OF OHIO Congratulations to Chris Amico, Jonathan out to Danny’s family, and may God comfort IN THE HOUSE OF REPRESENTATIVES Benskin, Charisse Cason, Katie Delucia, Lisa those he left behind with his peace and Wednesday, May 13, 2015 Drescher, Lori Eaton, Dawn Esposito, Jennifer strength. Hammer, Alicia Kaucher, Alexandra Laing, f Mr. LATTA. Mr. Speaker, it is my great Courtney Lockhart, Ana Millet, Suzette Milu, pleasure to pay special tribute to an out- Charna Rosenfeld, Beth Rubin, Denise Rudy, HONORING THE MARSHALL CHRIS- standing student from Ohio’s Fifth Congres- Jane Simonsen, Doris Vaillancourt-Milano, TIAN ACADEMY TCAL 1A STATE sional District. I am pleased to announce that Kristy Verzaal, Lori Vetter, Cheryl Walling, and FOOTBALL CHAMPIONS Mary Bahr of Waterville, Ohio has been of- Ellen Winikoff on receiving this year’s Teacher fered an appointment to the United States Mili- of the Year Award. I am happy to honor them, HON. LOUIE GOHMERT tary Academy in West Point, New York. and I know that they will continue to inspire OF TEXAS Mary’s offer of appointment poises her to at- South Floridians to live by their example. IN THE HOUSE OF REPRESENTATIVES tend the United States Military Academy this f fall with the incoming Class of 2019. Attending Wednesday, May 13, 2015 one of our nation’s military academies not only TRIBUTE TO DONALD ‘‘DANNY’’ Mr. GOHMERT. Mr. Speaker, it is with great offers the opportunity to serve our country but DANIELSON pride to come before you in acknowledgement also guarantees a world-class education, while of the exceptional performance of the Marshall placing demands on those who undertake one HON. LUKE MESSER Christian Academy Guardians varsity boys of the most challenging and rewarding experi- OF INDIANA basketball team, who recently claimed the ences of their lives. IN THE HOUSE OF REPRESENTATIVES 2015 Texas Christian Athletic League 1A state Mary brings an enormous amount of leader- title. This achievement makes this the third ship, service, and dedication to the incoming Wednesday, May 13, 2015 consecutive season that the Guardians have Class of 2019. While attending Anthony Mr. MESSER. Mr. Speaker, I rise today to dominated the state championship. Wayne High School in Whitehouse, Ohio, pay tribute to the life of Donald ‘‘Danny’’ Dan- Marshall Christian Academy began its play- Mary was a member of the National Honor ielson, a devoted family man, respected Hoo- off performance with an impressive display of

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.009 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 13, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E691 athletic prowess. The Guardians’ first game of Roll Call Vote No. 216, passage of H.R. Mr. Speaker, my legislation, which was ap- the 2015 playoffs resulted in a win over Hum- 606, the Don’t Tax Our Fallen Public Safety proved by the House of Representatives in ble Christian School with an astounding score Heroes Act. Had I been present, I would have nearly a unanimous manner in the 113th Con- of 80–51. This victory gave the Guardians new voted ‘‘yes.’’ gress as H.R. 5162, is a simple formality. I energy and inspiration which would carry them Roll Call Vote No. 217, on agreeing to the have been pleased to visit the Plains Area victoriously through the two remaining playoff Edwards Amendment to H.R. 1732. Had I Daycare Center on many occasions. By pass- games. been present, I would have voted ‘‘no.’’ ing this legislation and allowing Rockingham The second playoff game proved to be a dif- Roll Call vote No. 219, passage of H.R. County more authority over the land, it will en- ficult obstacle for the Guardians, who were 1732, the Regulatory Integrity Protection Act sure that more children and more of the com- challenged by their 2014 rivals and toughest of 2015. Had I been present, I would have munity will be served by this land. opponents from Stephenville Faith High voted ‘‘yes.’’ I urge swift consideration of this bill in the School. The score remained close until the Roll Call Vote No. 220, passage of H.R. 114th Congress. final moments of the game. In the last minute 2146, the Defending Public Safety Employees f of the game, the Guardians proved their com- Retirement Act. Had I been present, I would mitment and skill by scoring and winning the have voted ‘‘yes.’’ IN SPECIAL RECOGNITION OF MI- CHAEL GRINDLE ON HIS OFFER game with a final score of 52–46. This hard- f won victory earned the Guardians a spot in OF APPOINTMENT TO ATTEND the final playoff game. INTRODUCTION OF A BILL TO RE- THE UNITED STATES AIR FORCE The Guardians began the final playoff game MOVE THE RESTRICTIONS ON ACADEMY confident in both the team’s ability and as indi- CERTAIN LAND TRANSFERRED vidual team members. The championship TO ROCKINGHAM COUNTY, VIR- HON. ROBERT E. LATTA game pitted the Guardians against the San GINIA OF OHIO Antonio Sunnybrook Lions. Working together, IN THE HOUSE OF REPRESENTATIVES the Guardians were able to effectively HON. BOB GOODLATTE Wednesday, May 13, 2015 outscore the Lions, and ultimately, Marshall OF VIRGINIA Mr. LATTA. Mr. Speaker, it is my great Christian completed the quest for a third IN THE HOUSE OF REPRESENTATIVES pleasure to pay special tribute to an out- straight state championship title with a score Wednesday, May 13, 2015 standing student from Ohio’s Fifth Congres- of 61–53. Mr. GOODLATTE. Mr. Speaker, I rise to in- sional District. I am pleased to announce that The skilled and committed players who Michael Grindle of Holland, Ohio has been of- worked so diligently to earn this esteemed troduce legislation to transfer land from the U.S. Department of Interior to Rockingham fered an appointment to the United States Air honor were David Florence, Dylan Alford, Ste- Force Academy in Colorado Springs, Colo- phen Florence, Andrew Stokell, Ryan Stokell, County, Virginia. For over 25 years, Rocking- ham County, Virginia has managed a small rado. Jordan Sammons, Dawson Rapsilver, Jairus Michael’s offer of appointment poises him to Allen, Joshua Florence, William Hency, Mat- area of land in my congressional district as if it belonged to the County to meet the needs attend the United States Air Force Academy thew Stokell, and Caleb Beesinger. In addition this fall with the incoming Class of 2019. At- to playing on the state champion team, four of the community and serve the public good. Although this land was already transferred tending one of our nation’s military academies players were selected for the All-Tournament not only offers the opportunity to serve our Team, and the Guardians were able to count from the Federal Government to the County, it was not done effectively. This legislation will fi- country but also guarantees a world-class the Tournament MVP within its ranks. Also, education, while placing demands on those the team was honored to have three of its nalize the efforts of a previous Congress and fully transfer this land to the County, while who undertake one of the most challenging players selected for the All-Star Team. and rewarding experiences of their lives. The coaches and staff who led this accom- continuing to meet public needs. Since 1989, a little over 3 acres of land and Michael brings an enormous amount of plished team to victory were Head Coach Jeff leadership, service, and dedication to the in- Arrington, Assistant Coach James Allen, As- its associated buildings, previously wholly held by the Federal Government, have been main- coming Class of 2019. While attending Spring- sistant Coach Robert Stokell, High School field High School in Holland, Ohio, Michael Principal Duane Shultz, Junior High School tained by Rockingham County and the Plains Area Daycare Center. In that year, the Depart- was a member of the National Honor Society, Principal Raymond Bade, along with Athletic Principal’s Honor Roll, Foreign Language Director and Elementary Principal Guy Barr III. ment of the Interior deeded this land, which it no longer used, to Rockingham County for Club, and served as class secretary. The Guardians’ success has been attributed Throughout high school, Michael was a public good. to their exceptional ability to work as a cohe- member of his school’s swim team, cross Prior to this official declaration, Rockingham sive unit, and through an incredible display of country team, and football team. He was also County had already been maintaining the this teamwork combined with the team’s expe- a member of men’s gymnastics at the Toledo lands around the facility. The land and building rience and passion, the Guardians prevailed YMCA. I am confident that Michael will carry had been used as a garage and maintenance over their skilled opponents and ultimately fin- the lessons of his student and athletic leader- facility for the National Forest Service. How- ished the season with an outstanding record ship to the Air Force Academy. ever, it was no longer being utilized, and the of 22–6. Mr. Speaker, I ask my colleagues to join me County was performing upkeep on the land. Please join me and all of the First District of in congratulating Michael Grindle on the offer PL 101–479 was approved in the 101st Texas in congratulating the achievements of of his appointment to the United States Air Congress to allow the buildings on this land to the Marshall Christian Academy Guardians. Force Academy. Our service academies offer be used for the particular use of a non-profit This exceptional illustration of teamwork and the finest military training and education avail- day care that serves the County. Unfortu- sportsmanship should be praised and emu- able. I am positive that Michael will excel dur- nately, because of the narrow way Public Law lated. It is a distinct honor to share the story ing his career at the Air Force Academy, and 101–479 was drafted, any extension or main- and example of these outstanding young men, I ask my colleagues to join me in extending tenance of the physical structures has re- a story which is now recorded in the CON- their best wishes to him as he begins his serv- quired approval by the Department of the Inte- GRESSIONAL RECORD which will endure as long ice to the Nation. rior. Given that the building is used for a child as there is a United States of America. f f care facility, this impedes the ability of the day care to move efficiently to make any nec- PERSONAL EXPLANATION PERSONAL EXPLANATION essary upgrades. The building is currently in need of repairs; however, because of the HON. LOIS CAPPS HON. SCOTT DesJARLAIS terms of the deed, the daycare center has OF CALIFORNIA OF TENNESSEE been unable to get a loan to complete the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES needed renovations. To be clear, the center and the playground Wednesday, May 13, 2015 Wednesday, May 13, 2015 are the sole reason that this previously aban- Mrs. CAPPS. Mr. Speaker, I was not able to Mr. DESJARLAIS. Mr. Speaker, due to air- doned government land is being used by the be present for the following Roll Call vote on plane equipment problems, I was unavoidably public today. The Federal Government no May 12, 2015 and would like to reflect that I detained and I missed the following votes: longer has a vested interest in the land. would have voted as follows:

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.013 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E692 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2015 Roll Call #216: YES OUR UNCONSCIONABLE NATIONAL Dr. Maddox was a devoted husband, father, Roll Call #217: YES DEBT and grandfather. He was married to his wife Kay Maddox for 43 years. Together, they had Roll Call #218: YES HON. MIKE COFFMAN two children and four grandchildren. A lifelong Roll Call #219: NO OF COLORADO Hoosier, Ray attended Taylor University and Roll Call #220: YES IN THE HOUSE OF REPRESENTATIVES graduated with a bachelor’s degree in both bi- ology and chemistry in 1971. After college, he Wednesday, May 13, 2015 f attended and graduated from Indiana Univer- Mr. COFFMAN. Mr. Speaker, on January sity’s School of Dentistry in 1975 to pursue a HONORING OLEXIS BRIANNA 20, 2009, the day President Obama took of- professional dental career. Dr. Maddox then HAYMON fice, the national debt was practiced dentistry in Rushville and Hartford $10,626,877,048,913.08. City for several decades. Today, it is $18,152,456,926,656.13. We’ve In addition to his practice, he served in HON. BENNIE G. THOMPSON added $7,525,579,877,743.05 to our debt in 6 many leadership roles in the dental commu- OF MISSISSIPPI years. This is over $7.5 trillion in debt our na- nity. He was the past president of the Indiana tion, our economy, and our children could Dental Association, delegate to the American IN THE HOUSE OF REPRESENTATIVES have avoided with a balanced budget amend- Dental Association caucus 7th district, fellow Wednesday, May 13, 2015 ment. of the American College of Dentists, president f of the American College of Dentistry-Indiana Mr. THOMPSON of Mississippi. Mr. Speak- CELEBRATING THE PUBLIC SERV- Foundation, vice speaker of IDA House of Del- er, I rise today to honor a goal oriented stu- egates, and Parliamentarian of IDA House of dent, Olexis Brianna Haymon. ICE OF THE HONORABLE PATRI- CIA WALSH Delegates. Olexis is the daughter of Otha and Debra Although Ray was known as a great dentist Haymon, longtime residents of Pickens, Mis- and as someone dedicated to his profession, sissippi. HON. LEONARD LANCE he was respected and loved for much more OF NEW JERSEY Olexis Brianna Haymon possesses a 4.0 than that. Members of the community, his fam- IN THE HOUSE OF REPRESENTATIVES grade-point average since she was in kinder- ily and friends loved him for his ability to cre- garten. Currently a 12th-grader, Olexis Wednesday, May 13, 2015 ate meaningful relationships and brighten the Brianna Haymon is no stranger to community Mr. LANCE. Mr. Speaker, I rise today to cel- lives of all those with whom he came in con- service. Whenever the town of Pickens, Mis- ebrate the public service of the Honorable Pa- tact. sissippi has its cleanup days, Olexis is always tricia Walsh, member of the Somerset County Ray Maddox was my friend. I will never for- right there doing her part to help her commu- Board of Chosen Freeholders, as she is hon- get his smile, his positive attitude and his nity. ored by the Boy Scouts of America during the strong support of my own career in public 2015 Tribute to Women Awards. service. They don’t come any more loyal than In additional to that, Olexis often volunteers Ray Maddox. to help her mother, Debra Haymon, an em- Freeholder Walsh has for years been a dedicated public servant to the Somerset Today, it is my privilege to honor his life and ployee of Mid-Delta Home Health, with com- legacy. My thoughts and prayers go out to munity health fairs. She is also an active par- County community and her native Green Brook. Her many accomplishments and con- Ray’s family, and may God comfort those he ticipant in the Leadership program of the Mis- left behind with his peace and strength. sissippi State Extension Service for Holmes tributions to the county, its residents and New County, Mississippi. Jersey have improved the lives of many. As a f member of the Somerset County Board of IN SPECIAL RECOGNITION OF Olexis has made history as the first queen Chosen Freeholders, she has held various po- of the recently merged Holmes County Central MASON JESSING ON HIS OFFER sitions, including director of board, deputy di- OF APPOINTMENT TO ATTEND High School of 2014–2015. The Holmes rector and liaison to many community pro- County School District merged all three of its THE UNITED STATES NAVAL grams and departments serving the 21 munici- ACADEMY high schools into one newly-named school for palities in Somerset County. Prior to her serv- educational enhancement. Olexis is Miss ice as a Freeholder, Pat was Mayor of Green Holmes County Central High School. Brook and a member of the governing body. HON. ROBERT E. LATTA Not only is Olexis active in her community, Freeholder Walsh has been of service to OF OHIO but also active in her school as well. She is a many public interest groups and volunteer or- IN THE HOUSE OF REPRESENTATIVES member of the PTSA (Parent Teacher Student ganizations, political campaigns and party po- Wednesday, May 13, 2015 Association) in which she is responsible for litical activities and has earned numerous Mr. LATTA. Mr. Speaker, it is my great the school membership drive. According to awards honors for her time and service to pleasure to pay special tribute to an out- one of her teachers, ‘‘She encourages and each. standing student from Ohio’s Fifth Congres- provides help to fellow classmates because Freeholder Walsh and her colleagues on the sional District. I am pleased to announce that she believes in helping everyone succeed.’’ Board of Chosen Freeholders have worked Mason Jessing of Delta, Ohio has been of- She definitely tries to be a role model for the tirelessly for years to ensure that Somerset fered an appointment to the United States 9th graders. Her high school counselor com- County is a wonderful place to live and raise Naval Academy in Annapolis, Maryland. mented in a letter of reference that ‘‘Olexis is a family. Their management of the county fi- Mason’s offer of appointment poises him to a well-rounded person. She is well behaved, nances, parks, health care system, education attend the United States Naval Academy this has great personality and has many leader- and public works has made Somerset one of fall with the incoming Class of 2019. Attending ship qualities.’’ the best counties in America. one of our nation’s military academies not only Olexis also actively served as the 2014 I congratulate Patricia Walsh for her well- earned recognition. offers the opportunity to serve our country but president for her school’s Jobs for Mississippi also guarantees a world-class education, while Graduates (JMG) program. Recently, she f placing demands on those who undertake one earned first place in the Community Students TRIBUTE TO DR. RAYMOND M. of the most challenging and rewarding experi- Learning Center’s Annual Essay Writing Con- MADDOX ences of their lives. test and thereby was the recipient of the Com- Mason brings an enormous amount of lead- munity Students Learning Center’s Scholar- HON. LUKE MESSER ership, service, and dedication to the incoming ship Award in the amount of $500.00. Olexis Class of 2019. While attending Delta High plans to use her CSLC scholarship winnings OF INDIANA IN THE HOUSE OF REPRESENTATIVES School in Delta, Ohio, Mason was a member toward her college pursuit in nursing at of the National Honor Society, Honor Roll, and Tougaloo College, Tougaloo, Mississippi. Wednesday, May 13, 2015 Academic Excellence Award recipient. Mr. Speaker, I ask my colleagues to join me Mr. MESSER. Mr. Speaker, I rise today to Throughout high school, Mason was a in recognizing Olexis Brianna Haymon, as a pay tribute to the life of Dr. Raymond M. Mad- member of his school’s football, track and student who is goal oriented and making a dif- dox, a well-known dentist and respected mem- powerlifting teams, earning varsity letters in ference in her community. ber of the Rushville community. football. He was also an MRA motocross rider.

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.016 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 13, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E693 I am confident that Mason will carry the les- are reached. The focus on the STEM field is pendent borough out of Clementon Township. sons of his student and athletic leadership to growing increasingly important, and competi- However, history for this small town did not the Naval Academy. tions like these that foster that development begin in 1915. Settled in 1685, the area we Mr. Speaker, I ask my colleagues to join me inherently improve our nation and its future. know today as Magnolia, New Jersey has a in congratulating Mason Jessing on the offer The Dehydra DH entry for the ExploraVision deep history of rich involvement in the South of his appointment to the United States Naval Award by the Parish Episcopal School is truly Jersey community as one of the first settled Academy. Our service academies offer the fin- impressive, and these students are very de- communities of colonial New Jersey. est military training and education available. I serving of this honor. The land that makes up Magnolia was once am positive that Mason will excel during his Mr. Speaker, on behalf of the 24th Congres- inhabited by the Native American Tribe of career at the Naval Academy, and I ask my sional District of Texas, I ask all my distin- Lenni-Lenape who lived peacefully alongside colleagues to join me in extending their best guished colleagues to join me in honoring this Quaker farmers. William Penn, the future wishes to him as he begins his service to the great achievement by Rishul Rai and Pavitra founder of Pennsylvania, worked diligently with Nation. Kumar of the Parish Episcopal School of Dal- this dedicated group of Quakers to settle in f las. the southern section of colonial New Jersey. f These settlers practiced a modest way of liv- HONORING PHOEBE CLYDE ing based on agriculture and timber produc- HONORING JEFFREY BUJER AND tion. Over the next three hundred years, the HON. PETE OLSON HIS WORK WITH SABAN COMMU- community in the Magnolia area thrived, and OF TEXAS NITY CLINIC in the past century, the population of Magnolia IN THE HOUSE OF REPRESENTATIVES has quadrupled to over 4,000 today. HON. TED LIEU Mr. Speaker, the Borough of Magnolia is Wednesday, May 13, 2015 small in size, but it is enormous in heart and OF CALIFORNIA community, a feeling that is best encapsulated Mr. OLSON. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES congratulate Ms. Phoebe Clyde of Logos Prep through its motto: ‘‘One Square Mile of Friend- Academy for winning the gold medal in the Wednesday, May 13, 2015 liness.’’ This week, as the people of Magnolia 300-meter hurdles event at the Texas Asso- Mr. TED LIEU of California. Mr. Speaker, I celebrate their Centennial celebrations, I con- ciation of Private and Parochial Schools rise today to honor Jeffrey Bujer. gratulate the citizens, Mayor BettyAnn Cowl- (TAPPS) 3A state track team championships. Jeffrey Bujer is the current Chief Executive ing-Carson, and council of Magnolia on their Ms. Clyde defended her state title in the Officer of Saban Community Clinic. He began past one hundred years of experiences and 300-meter hurdle event by running an impres- working for Saban Community Clinic in 1998, accomplishments and wish them another hun- sive time of 47.14 seconds. She then an- when it was known as the Los Angeles Free dred years of richness and good fortune. chored the 1600-meter relay where her team Clinic. He joined the organization as its Chief f earned the silver medal. What an excellent Financial Officer and moved into a co-CEO 25TH ANNUAL LOCAL COLORS performance to end her senior year. role before becoming the sole Chief Executive FESTIVAL On behalf of the Twenty-Second Congres- Officer in 2012. sional District of Texas, congratulations again Under his leadership, Saban Community to Phoebe Clyde for winning the District Clinic has greatly evolved in its structure and HON. BOB GOODLATTE OF VIRGINIA TAPPS 3A gold medal in the 300-meter hurdle brand. It has moved from a free clinic struc- IN THE HOUSE OF REPRESENTATIVES race. We look forward to seeing what you will ture to a Federally Qualified Health Center accomplish in the future. and has grown from a staff of 62 serving Wednesday, May 13, 2015 f 9,000 patients each year to a staff of over 200 Mr. GOODLATTE. Mr. Speaker, as the Roa- serving 20,000 patients each year. The Clinic noke community prepares to celebrate the CONGRATULATING THE PARISH has expanded its services to include both pri- 25th Annual Local Colors Festival, I want to EPISCOPAL SCHOOL FOR THEIR mary care and mental health treatment. Jef- take this opportunity to express my deepest SELECTION AS REGIONAL WIN- frey led the Clinic in expanding to three loca- thanks to my constituent, Pearl Fu, for her NERS OF THE 2015 TOSHIBA/NA- tions in Los Angeles and implementing an leadership of the Roanoke Valley’s annual TIONAL SCIENCE TEACHERS AS- electronic health record system. In 2007, Jef- celebration of our diverse heritage. SOCIATION EXPLORAVISION frey oversaw the capital campaign that raised Pearl is a truly special individual and has AWARD $17 million in honor of Saban Community Clin- played an instrumental role in bringing the Ro- ic’s 40th anniversary. anoke Valley together over the last quarter HON. KENNY MARCHANT Jeffrey has touched countless lives in his century. She has offered Local Colors as a OF TEXAS leadership role and will be missed by all when special event to remind us that, as Americans, IN THE HOUSE OF REPRESENTATIVES he leaves his position this year. His passion we are one country out of many nationalities Wednesday, May 13, 2015 for serving others and commitment to health that have preceded us on these shores. In care for all is an inspiration. Our community Local Colors, she solidified a celebration of Mr. MARCHANT. Mr. Speaker, I rise today owes a debt of gratitude to Jeffrey Bujer for the varied cultures that make up the Roanoke in recognition of Rishul Rai and Pavitra Kumar his hard work and dedication. region. She helped increase awareness of our of the Parish Episcopal School in Dallas, I ask my colleagues to join me in recog- history—a melting pot of origins, races, and Texas, in my district, for their recent selection nizing Jeffrey Bujer and wishing him well for ethnic backgrounds. as the Region 5 winner of the Grade 4–6 age the future. Late last year, Pearl marked the culmination group of the 2015 Toshiba/National Science f of her leadership of this event. Local Colors is Teachers Association (NSTA) ExploraVision known by many for what they encounter at the Award. With 5,000 teams entered within 6 re- IN HONOR OF THE 100TH ANNIVER- festival—a day to share food and fellowship; gions, this is an incredibly impressive accom- SARY OF THE BOROUGH OF MAG- enjoy music, arts, and crafts; and, experience plishment. NOLIA the languages, attire, and traditions of the The Toshiba/NTSA ExploraVision competi- more than 100 countries whose roots have tion goes beyond a typical student science HON. DONALD NORCROSS been planted in Roanoke and its neighboring competition. Teachers guide groups of 2–4 OF NEW JERSEY cities, towns, and counties. students through a simulation of real research IN THE HOUSE OF REPRESENTATIVES However, I also want to recognize Pearl for and development as they pick a current tech- what she did day in and day out for so many nology and envision how it will look in 20 Wednesday, May 13, 2015 years. Through Local Colors, she worked with years, as well as the breakthroughs necessary Mr. NORCROSS. Mr. Speaker, I rise today many other individuals and organizations to to reach that point. Rishul and Pavitra’s entry, to honor the One-hundredth Anniversary of the offer language translations and conflict resolu- Dehydra DH, uses wearable technology to de- founding of the Borough of Magnolia in Cam- tion, publicity in the local media, and multicul- termine the dehydration level of athletes by den County, New Jersey. tural education for schoolchildren, community monitoring the level of salt in a player’s sweat. On April 14, 1915, the citizens of the future organizations, government officials, and busi- The device would then alert the player, coach- Borough of Magnolia were formally recognized nesses. Without Pearl at the helm, none of ing staff, or medical personnel if severe levels by the New Jersey Legislature as an inde- this would have been possible.

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K13MY8.010 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E694 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2015 I fondly remember selecting Local Colors as HONORING BAHATI S. HARDEN, MD She later returned to nursing part-time with Dr. a ‘‘Local Legacy’’ project in 1999, bringing na- Pokabla at his office in Howland, Ohio until tional recognition from the Library of Congress HON. BENNIE G. THOMPSON 2002 where she fully retired at the age of 84. that has permitted so many people around our OF MISSISSIPPI She was very proud of her nursing career as nation and around the world to experience IN THE HOUSE OF REPRESENTATIVES it brought her so much happiness. Carrie’s greatest pride and joy were her what Local Colors is all about. They can visit Wednesday, May 13, 2015 the Library of Congress, view the digital rec- family and friends. She married the love of her ognition on the Internet, or visit the festival to Mr. THOMPSON of Mississippi. Mr. Speak- life, Sam ‘‘Kinger’’ Reigle on October 19, see all that it has become. er, I rise today to honor Bahati S. Harden, 1937. The two spent over forty years happily Local Colors is truly one of America’s proud MD, who has achieved remarkable success married until Mr. Reigle’s passing on Christ- traditions. Pearl can stand assured that she and has been exemplary as a physician and mas Day in 1980. Carrie enjoyed life to the has been responsible for its success and the a public servant. fullest and took pleasure in cooking her fa- Dr. Harden was born in Adams County in community is thankful to her for helping them mous Italian meals. I grew up with Grandma Natchez, MS on June 24, 1979 to the late experience such a memorable event over so Reigle’s grandson Sammy. And almost every George Harden and Deborah Harden. Being many years. day as a young boy, I would stop by Sammy’s the baby girl, she was a godly child who called As Pearl steps away from the leadership of house to see what Grandma Reigle had her father her best friend at an early age and Local Colors, I and so many others will con- cooked. She always had homemade Italian grew up in a household of love and support. pizza, or soup, or pasta fagioli. She loved to tinue to support and experience Local Colors Bahati finished high school and received a as a way of showing the world that we are cook and then watch us eat. We would sit scholarship to Spelman College in Atlanta, GA around with our friends and play games and truly one nation. I extend my gratitude to Pearl where she completed her studies in Biology in for making it all possible for us and for her Grandma Reigle would feed us. She was al- 2001. After graduating with a Master’s of ways warm and caring and she was a most deep spirit of goodwill. Science in Public Health from Tulane Univer- wonderful Grandma. sity School of Public Health and Tropical Med- Carrie is preceded in death by her husband f icine, she accepted a fellowship in Bioter- Sam, parents Vincenzo and Angelina, brothers IN SPECIAL RECOGNITION OF rorism Preparedness with the Centers for Dis- Sam, Anthony, and Joseph, sisters Elizabeth, JOSHUA MOSSING ON HIS OFFER ease Control and prevention. Mary, Lucille, and Angie, as well as her dear OF APPOINTMENT TO ATTEND Having a desire to pursue a medical degree, friend Jane Logar. Carrie leaves behind her THE UNITED STATES AIR FORCE she entered the University of MS Medical son Richard, grandson Sam and wife Lori, two ACADEMY Center’s Inaugural Professional Portal Track. great-grandchildren, Isabella and Sammy, her Having received a Master’s of Science in Bio- nieces and nephews, and her great-nieces medical Science, she completed her Doctorate and nephews. Carrie made our community a HON. ROBERT E. LATTA of Medicine also at the University of MS Med- better place to call home. She warmed the OF OHIO ical Center. After completing a residency at hearts of many and will be remembered as IN THE HOUSE OF REPRESENTATIVES LSU Health (Shreveport, LA) in Rural Family sweet Grandma Reigle. I am deeply saddened Wednesday, May 13, 2015 Medicine, Dr. Harden accepted a position in by her passing and will miss her. We all are MS Delta with the Greenwood Leflore Hospital better people because Grandma Reigle Mr. LATTA. Mr. Speaker, it is my great in Greenwood, MS where she continues to touched our lives. Thank you Carrie for all of pleasure to pay special tribute to an out- practice. your hard work and service, your compassion standing student from Ohio’s Fifth Congres- Mr. Speaker, I ask my colleagues to join me for others will continue to live on through the sional District. I am pleased to announce that in recognizing Bahati S. Harden, a Doctor and many lives you have touched. Joshua Mossing of Sylvania, Ohio has been Public Servant, for her dedication to serving f offered an appointment to the United States others and giving back to the African Amer- Air Force Academy in Colorado Springs, Colo- ican community. IN RECOGNITION OF RAY MILLER’S RETIREMENT rado. f Joshua’s offer of appointment poises him to attend the United States Air Force Academy REMEMBERING THE LIFE OF MRS. HON. WILLIAM R. KEATING this fall with the incoming Class of 2019. At- CARRIE ‘GRANDMA REIGLE’ OF MASSACHUSETTS tending one of our nation’s military academies (RIZZI) REIGLE IN THE HOUSE OF REPRESENTATIVES not only offers the opportunity to serve our HON. TIM RYAN Wednesday, May 13, 2015 country but also guarantees a world-class Mr. KEATING. Mr. Speaker, I rise today to OF OHIO education, while placing demands on those recognize Ray Miller, a thirty year veteran of IN THE HOUSE OF REPRESENTATIVES who undertake one of the most challenging the Coast Guard Reserves and the Com- and rewarding experiences of their lives. Wednesday, May 13, 2015 mander of the American Legion post in Han- Joshua brings an enormous amount of lead- Mr. RYAN of Ohio. Mr. Speaker, I rise today over, Massachusetts. ership, service, and dedication to the incoming to remember the life of Mrs. Carrie Reigle, Mr. Miller’s career in the Coast Guard Re- Class of 2019. While attending Central Catho- who passed away peacefully in the presence serves led him to serve this great nation in her lic High School in Toledo, Ohio, Joshua was of her family on Easter Sunday. Carrie was darkest moments. In the days immediately fol- a member of the National Honor Society, known to all of us as Grandma Reigle. She lowing the September eleventh terrorist at- Summa Cum Laude Honor Roll, and was top was born on October 24, 1917 to her loving tacks, Mr. Miller was called into active duty to ten in class rank. parents Vincenzo and Angelina Rizzi. She at- help secure our shores against those who Throughout high school, Joshua was a tended Niles High School and after graduating sought to sow continued chaos. In the after- member of his school’s wrestling and football she attended the Choffin School of Nursing, math of Hurricane Katrina, Mr. Miller once teams, earning varsity letters in wrestling and completing her degree in 1960. again answered the call of duty by deploying voted team captain of the wrestling team. I am It came as no surprise that Carrie spent her to Mobile, Alabama to help restore normalcy confident that Joshua will carry the lessons of life’s work as a nurse mending the broken. To to the lives of those residents of the Gulf. And his student and athletic leadership to the Air all who knew her she was a caring person when that normalcy was disrupted once more Force Academy. whose love and compassion stemmed beyond in the Deep Water Horizon crisis, Ray Miller Mr. Speaker, I ask my colleagues to join me measure.Carrie’s early career consisted of her did not hesitate to once again help the resi- in congratulating Joshua Mossing on the offer hard work in the Intensive Care Unit as a dents of the Gulf of Mexico. of his appointment to the United States Air nurse at Northside Hospital. She spent twenty- Closer to his home, Mr. Miller helped keep Force Academy. Our service academies offer two years at her post until retiring in 1983. Boston safe during the Democratic National the finest military training and education avail- Even in retirement Carrie’s commitment to Convention in the summer of 2004. And then able. I am positive that Joshua will excel dur- helping others led to her return to nursing in again in 2012, he served the people of this re- ing his career at the Air Force Academy, and 1984 at the Shepherd of the Valley Nursing gion by aiding the recovery efforts in the dev- I ask my colleagues to join me in extending Home in Niles, Ohio. astating aftermath of Hurricane Sandy. The their best wishes to him as he begins his serv- In 1996, she retired from Shepherd of the veterans and members of the American Le- ice to the Nation. Valley, but still decided she had more to give. gion community in Hanover have been well

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.025 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 13, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E695 served because of his work as Legion Post The average age of children sold into the and earned his varsity letter. I am confident Commander. sex trade is just 13. As Americans, and as that Bradley will carry the lessons of his stu- Mr. Speaker, I am proud to honor Mr. Ray parents and grandparents, we cannot turn a dent and athletic leadership to the Military Miller on this remarkable occasion. I ask that blind eye to this fact any more. Human traf- Academy. my colleagues join me in wishing him a won- ficking is real. It is in every state, city and sub- Mr. Speaker, I ask my colleagues to join me derful retirement and many years of happi- urb in America. It is imperative that we protect in congratulating Bradley Krupp on the offer of ness. American children from the traffickers who his appointment to the United States Military f prey upon the most vulnerable in our society. Academy. Our service academies offer the fin- The Justice for Victims of Trafficking Act is est military training and education available. I HONORING JEFF CARDWELL a robust and aggressive response that does am positive that Bradley will excel during his three main things. career at the Military Academy, and I ask my HON. MARK MEADOWS First, the bill targets demand. Going after colleagues to join me in extending their best OF NORTH CAROLINA those who buy and sell our children will help wishes to him as he begins his service to the IN THE HOUSE OF REPRESENTATIVES decimate this industry. The legislation treats Nation. those who pay for sex with minors and other Wednesday, May 13, 2015 f trafficking victims as criminals and will help Mr. MEADOWS. Mr. Speaker, I rise today to prosecutors put them where they belong: be- PERSONAL EXPLANATION recognize Mr. Jeff Cardwell for his work as the hind bars. North Carolina Emergency Management Area Second, the bill focuses on restoring the vic- HON. TODD ROKITA Coordinator and congratulate him on his retire- tims. Children who are sold for sex are vic- OF INDIANA ment. tims, not prostitutes, and it’s time to treat them IN THE HOUSE OF REPRESENTATIVES Mr. Cardwell began his career serving as a as such by ensuring that they have a safe Wednesday, May 13, 2015 Fire Officer for the Gamewell Fire Department, place to stay, resources they need for rehabili- where he still serves today. He served as a tation and services uniquely tailored for human Mr. ROKITA. Mr. Speaker, on roll call nos. firefighter for the city of Lenoir from 1986 to trafficking survivors. 216, 217, 218, 219, and 220 I am not re- 1991 and for the City of Hickory from 1991 to Lastly, the bill provides resources to train corded because I was unavoidably detained 1993. In 1993 Mr. Cardwell began his career law enforcement and others who may come due to travel. with North Carolina Emergency Management, into contact with human trafficking victims to Had I been present, I would have voted aye serving as an Area Trainer and working his better identify and respond to their needs. The on roll call 216. Had I been present, I would have voted nay way toward an administrative role. During his bill creates a fund built from fees and fines on roll call 217. time with North Carolina Emergency Manage- collected from convicted traffickers. Had I been present, I would have voted nay ment, he worked on twenty-six FEMA disaster We urge the House to bring S. 178, the Jus- on roll call 218. declarations and eight of North Carolina dec- tice for Victims of Trafficking Act, to the floor Had I been present, I would have voted aye larations, including every major disaster in for a vote and send it to the president’s desk on roll call 219. North Carolina since 1993. Mr. Cardwell has for signature. It will be a powerful day when Had I been present, I would have voted aye been recognized for his outstanding service Washington can stand together to proclaim, on roll call 220. several times, receiving awards including the ‘‘Our children are not for sale.’’ f Western North Carolina Firefighter Association f Officer of the Year in 2001 and the Colonel PERSONAL EXPLANATION William A. Thompson Award as the North IN SPECIAL RECOGNITION OF Carolina Emergency Management Employee BRADLEY KRUPP ON HIS OFFER of the Year. OF APPOINTMENT TO ATTEND HON. XAVIER BECERRA OF CALIFORNIA Mr. Cardwell has demonstrated a steadfast THE UNITED STATES MILITARY commitment to serving the people of North ACADEMY IN THE HOUSE OF REPRESENTATIVES Carolina in emergency management. As such, Wednesday, May 13, 2015 I am proud to honor Mr. Jeff Cardwell for his HON. ROBERT E. LATTA Mr. BECERRA. Mr. Speaker, I was unavoid- faithful service to the people of North Carolina OF OHIO ably detained and missed roll call votes 208, and I wish him the best on his retirement. IN THE HOUSE OF REPRESENTATIVES 209, and 210. If present, I would have voted f Wednesday, May 13, 2015 ‘‘no’’ on roll call vote 208, ‘‘no’’ on roll call vote 209, and ‘‘no’’ on roll call vote 210. TOGETHER CONGRESS CAN Mr. LATTA. Mr. Speaker, it is my great COMBAT HUMAN TRAFFICKING pleasure to pay special tribute to an out- f standing student from Ohio’s Fifth Congres- TRIBUTE TO RETIRING ST. JOSEPH HON. TED POE sional District. I am pleased to announce that COUNTY CLERK PATTIE BENDER OF TEXAS Bradley Krupp of Bowling Green, Ohio has IN THE HOUSE OF REPRESENTATIVES been offered an appointment to the United HON. FRED UPTON States Military Academy in West Point, New Wednesday, May 13, 2015 OF MICHIGAN York. IN THE HOUSE OF REPRESENTATIVES Mr. POE of Texas. Mr. Speaker, a miracu- Bradley’s offer of appointment poises him to lous thing happened recently in Washington. attend the United States Military Academy this Wednesday, May 13, 2015 Both parties came together to negotiate impor- fall with the incoming Class of 2019. Attending Mr. UPTON. Mr. Speaker, it is with great tant legislation, the Justice for Victims of Traf- one of our nation’s military academies not only pleasure that I rise today to pay tribute to retir- ficking Act, moving beyond partisan attacks offers the opportunity to serve our country but ing St. Joseph County Clerk Pattie Bender. and rhetoric to find common ground. Their also guarantees a world-class education, while Pattie is a staple of our Southwest Michigan compromise passed the Senate by a vote of placing demands on those who undertake one community and my dear friend. I rise to thank 99–0. This is not only important from a proce- of the most challenging and rewarding experi- her for 45 years of distinguished public serv- dural, functional standpoint, it’s important be- ences of their lives. ice. cause it will help fight a major problem in our Bradley brings an enormous amount of A life-long resident of Southwest Michigan, society: human trafficking, one of the fastest leadership, service, and dedication to the in- Pattie currently serves in a dual capacity as growing criminal enterprises in the United coming Class of 2019. While attending Bowl- county clerk and register of deeds. She began States. We urge the House to bring the Sen- ing Green High School in Bowling Green, her career with St. Joseph County in 1970 and ate bill up for a vote without delay. Ohio, Bradley was a member of the National has served as county clerk since 1991. Many of us do not realize that in this nation, Honor Society, Honor Roll, French Honor So- The office of town or county clerk is one of and in our own backyards, individuals are held ciety and received student athlete awards. In the oldest known offices in local government, against their will, their bodies sold repeatedly addition, he was a member of the Key Club, essential to the functioning of our democracy. day in and day out. This modern-day form of French club and drama club. It is an office of trust that demands the utmost slavery is an enormous black market, with an Throughout high school, Bradley was a integrity and diligence. As clerk, Pattie is en- estimated value of $9.8 billion in the U.S. member of his school’s cross country team trusted with the supervision of all national,

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.028 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E696 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2015 state, and local elections; administers the each night. Whether this means personal safe- standing student from Ohio’s Fifth Congres- Michigan Campaign Finance Reporting Act; ty protection, body cameras or computer sys- sional District. I am pleased to announce that and maintains all government records for the tems that they need we must consider doing Samantha Meinen of Toledo, Ohio has been county. more for law enforcement agencies. I am offered an appointment to the United States Having known Pattie for many years, I can proud to say that I have been a champion for Naval Academy in Annapolis, Maryland. attest to the fact that no one is better suited more effective communication between law for such a position. Throughout the years, she enforcement officers and first responders Samantha’s offer of appointment poises her has faithfully served the people of St. Joseph throughout my time in Congress and I look for- to attend the United States Naval Academy County, fairly and competently executing her ward to continuing that partnership with the this fall with the incoming Class of 2019. At- duties. Personally, I have come to rely on her police community. tending one of our nation’s military academies extensive institutional knowledge and good This week, I ask my colleagues to join me not only offers the opportunity to serve our judgment. There is no doubt that the citizens in honoring police week by remembering those country but also guarantees a world-class of St. Joseph County, having reelected her to officers who have given their lives in service of education, while placing demands on those the office of county clerk six times, share my their communities. who undertake one of the most challenging good opinion. f and rewarding experiences of their lives. In January, Pattie announced that she will HONORING THE NOMINEES FOR Samantha brings an enormous amount of retire in June of this year, planning to travel KANE COUNTY CHIEFS OF PO- leadership, service, and dedication to the in- and spend time with her family. As she em- LICE ASSOCIATION’S 2014 LOUIS coming Class of 2019. While attending barks on the next chapter of her life, I would SPUHLER OFFICER OF THE YEAR Whitmer Senior High School in Toledo, Ohio, like to congratulate her on a well-deserved re- FOR KANE COUNTY AWARD Samantha was a member of the National tirement and thank her for her many years of public service to the citizens of St. Joseph Honor Society, German club, DECA and HON. BILL FOSTER earned awards in science, English and social County. OF ILLINOIS It has been an honor to work with Pattie and IN THE HOUSE OF REPRESENTATIVES studies. to count her as a true friend. She will be Wednesday, May 13, 2015 Throughout high school, Samantha was a greatly missed in her capacity as county clerk, Mr. FOSTER. Mr. Speaker, I rise today to member of her school’s volleyball, basketball but I am confident she will continue to serve recognize the nominees for the 2014 Kane and track teams. I am confident that as a source of wisdom in Southwest Michigan County Chiefs of Police Association’s Louis Samantha will carry the lessons of her student for years to come. Spuhler Officer of the Year for Kane County and athletic leadership to the Naval Academy. f Award. Mr. Speaker, I ask my colleagues to join me HONORING THE LIFE AND SERVICE The award, presented by the Batavia Moose in congratulating Samantha Meinen on the OF MENDOTA HEIGHTS OFFICER Lodge #682 and the Kane County Chiefs of offer of her appointment to the United States SCOTT PATRICK Police Association, recognizes the outstanding Naval Academy. Our service academies offer achievements of police officers who protect the finest military training and education avail- HON. BETTY McCOLLUM our community. The men and women who wear the badge provide our families with secu- able. I am positive that Samantha will excel OF MINNESOTA rity while putting their own lives on the line during her career at the Naval Academy, and IN THE HOUSE OF REPRESENTATIVES and deserve our admiration and thanks. I ask my colleagues to join me in extending Wednesday, May 13, 2015 I would like to congratulate the winner of the their best wishes to her as she begins her Ms. MCCOLLUM. Mr. Speaker, I rise today 2014 Louis Spuhler Officer of the Year for service to the Nation. to pay tribute to the men and women serving Kane County Officer Samuel G. Aguirre of the this nation as law enforcement officers who Aurora Police Department, as well as his fel- f low nominees: Officer David M. Bemer of the have given their lives in the line of duty. This SUGAR CREEK BAPTIST CHURCH week is Police Week where we reflect upon Aurora Police Department, Officer Roger 40TH ANNIVERSARY the service and sacrifice of the thousands of Isham of the South Elgin Police Department, women and men who keep our communities Deputy Raul Salinas and Chief Deputy Thom- safe and put their lives on the line on our be- as Bumgarner of the Kane County Sheriffs Of- HON. PETE OLSON half. For their courage, commitment and brav- fice, Sergeant Gregory Sullivan of the Mont- ery, these women and men have my greatest gomery Police Department, Officer Timothy OF TEXAS Beam of the St. Charles Police Department, respect. IN THE HOUSE OF REPRESENTATIVES Last year, the Twin Cities East Metro lost an Officer Michael Gallagher and Officer KC Brox officer in the line of duty when Officer Scott of the Sleepy Hollow Police Department, De- Wednesday, May 13, 2015 tective Miguel Pantoja of the Elgin Police De- Patrick was gunned down in the line of duty partment, and Sergeant Mike Frieders, Detec- during a traffic stop in St. Paul. Whenever an Mr. OLSON. Mr. Speaker, I rise today to tive Matt Dean, Detective Brad Jerdee, Detec- act of violence this senseless and tragic takes congratulate Sugar Creek Baptist Church for tive Bob Pech, Detective Sarah Sullivan, and celebrating 40 years of prayer and worship. place, it shakes a community deeply. Officer Officer Matt Hann of the Geneva Police De- This 9,600-member church is a local and Patrick’s loss is still felt each day by his family partment. and his fellow officers on the Mendota Heights Congratulations to the nominees for the global leader. The church contributes upwards Police force. This week we join them in 2014 Louis Spuhler Officer of the Year for of $2 million annually to local and international mourning the loss of their loved one and Kane County Award and thank you for your mission and church development programs. friend. On Wednesday, Officer Scott’s name continued dedication to the safety and security Over the last 12 years, Sugar Creek Baptist will be added to the National Law Enforcement of our community. Church has directly supported 93 new church- Officer’s Memorial Wall in Washington, DC. f es. Just last year, the church led the develop- The work that police officers and law en- ment of the Freedom Church Alliance, an or- forcement officials do to keep our communities IN SPECIAL RECOGNITION OF SAMANTHA MEINEN ON HER ganization that works with local churches and safe is often thankless and dangerous. As a organizations to fight human trafficking. Its society, we place an enormous amount of OFFER OF APPOINTMENT TO AT- TEND THE UNITED STATES members are constant volunteers in local ref- trust in those officers and they play a critical ugee and prison communities, too. Throughout role in shaping the world we live in. Those NAVAL ACADEMY its 40 years, Sugar Creek Baptist Church has who serve in law enforcement have my great- been a model of faith and a leader in our com- est respect for the work that they do to live up HON. ROBERT E. LATTA munity. to and earn that trust in their communities. OF OHIO As a member of Congress, one of my jobs IN THE HOUSE OF REPRESENTATIVES Thank you to Sugar Creek Baptist Church is to make sure police officers have the tools Wednesday, May 13, 2015 and its members for all they do in Sugar Land they need to keep their communities safe Mr. LATTA. Mr. Speaker, it is my great and throughout the world. We are excited to while returning home to their families safely pleasure to pay special tribute to an out- see what the next 40 years hold for you.

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.033 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 13, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E697 HONORING THE DISTINGUISHED his retirement in 2000. He served on many HONORING MS. SHERRI STRAUSER PUBLIC SERVICE OF THE HONOR- community boards in positions of leadership ABLE DAVID L. HUGHES up to and including, Jacksonville Chamber of HON. BLAINE LUETKEMEYER Commerce, Salvation Army, Jacksonville OF MISSOURI HON. LEONARD LANCE Tocqueville Society, long time member and IN THE HOUSE OF REPRESENTATIVES devoted Deacon, Elder and Trustee of First OF NEW JERSEY Wednesday, May 13, 2015 IN THE HOUSE OF REPRESENTATIVES Presbyterian Church and many other organi- zations. Mr. LUETKEMEYER. Mr. Speaker, I rise Wednesday, May 13, 2015 Though our hearts ache, our tears of pain today to honor a constituent of mine, Ms. Mr. LANCE. Mr. Speaker, I rise today to are mixed with loving memories of his smile, Sherri Strauser. She will be retiring from the honor the distinguished public service of the his touch and that gleam in his eyes telling all Windsor C–1 School District on July 1, 2015. Honorable David L. Hughes, who retired ear- who knew him, that he loved you and always Ms. Strauser has contributed to the edu- lier this year after 41 years as the City Clerk will. And in his remembrance, we are drawn to cational system for 37 years. and Secretary to the Mayor and Common the words of Paul, in the book of 2nd Timothy, Ms. Strauser has worked in various capac- Council of Summit, New Jersey. During his ‘‘For I am now ready to be offered, the time ities: 3rd Grade Teacher, Intermediate Center record tenure, David achieved a number of of my departure is at hand. I have fought a Assistant Principal, Intermediate Principal, and significant accomplishments in service to the good fight, I have finished my course, I have Assistant Superintendent. She has worked in City of Summit. kept my faith’’. May the Lord bless and keep the Dunklin R–V School District and is ending David oversaw the transformation of the City you now and forevermore and may the mem- her career in the Windsor C–1 School District. Clerk position, bringing community services ory of our dear friend, Charles Daughtry Tow- Her current title of Assistant Superintendent into the 21st century and instituting greater ac- ers, Jr., remain with us for all times. has allowed her the opportunity to connect cessibility and transparency. To the benefit of personally with students, staff, parents, and residents, downtown merchants and tax- f the community. This Assistant Superintendent payers, public information is readily available position has given her the opportunity to direct and put to good use for City projects. IN SPECIAL RECOGNITION OF AN- Curriculum and Instruction, Special Services, David was an integral part of the coordina- DREW WEISS ON HIS OFFER OF Team Leaders, Professional Development, tion of City business, reviewing all matters be- APPOINTMENT TO ATTEND THE and serve as the Compliance Officer for the fore the Council’s consideration, securing legal UNITED STATES NAVAL ACAD- District. During her time in each position, she and background information from stakeholders EMY was committed to making a difference in the and forming advisory opinions so that elected lives of students. Ms. Strauser has received officials could make the most informed deci- the Dunklin R–V Teacher of the Year award, sions. He also managed the municipal elec- HON. ROBERT E. LATTA Dunklin National Education Association Award, tions—a major undertaking including the over- OF OHIO and the ’Who’s Who Among American Edu- sight of 25 election districts, numerous polling IN THE HOUSE OF REPRESENTATIVES cators’ award. These awards showcase her machines and poll workers and thousands of ability to make a positive impact on anyone Wednesday, May 13, 2015 ballots cast in each election. she comes into contact with. Due to his years of service and trusted Mr. LATTA. Mr. Speaker, it is my great Over the years, Ms. Strauser has been an counsel, David and his office became an en- pleasure to pay special tribute to an out- active member of her community, and the cyclopedia of City history, local ordinances standing student from Ohio’s Fifth Congres- state, through memberships with the Rotary and best practices. I join elected officials from sional District. I am pleased to announce that Club, Missouri Association of School Adminis- both parties and countless Summit residents Andrew Weiss of Findlay, Ohio has been of- trators, Missouri Association of School Busi- in considering David a very thoughtful public fered an appointment to the United States ness Officials, and the Missouri Association of servant. Naval Academy in Annapolis, Maryland. Elementary School Principals. From her time I wish David many years of enjoyment in his Andrew’s offer of appointment poises him to giving back to the community, it has enabled retirement spent with, his wife, Maria, and his attend the United States Naval Academy this her to nourish productive relationships and wit- children. I thank him for his dedicated public fall with the incoming Class of 2019. Attending ness success for thousands of individuals. service. one of our nation’s military academies not only I ask you to join me in recognizing Ms. f offers the opportunity to serve our country but Sherri Strauser on her retirement after 37 years of commitment to students. CONGRESSIONAL COMMENDATION also guarantees a world-class education, while f FOR THE LIFE OF CHARLES placing demands on those who undertake one DAUGHTRY TOWERS, JR. of the most challenging and rewarding experi- HONORING THE MARTIN’S MILL ences of their lives. LADY MUSTANGS Andrew brings an enormous amount of HON. CORRINE BROWN leadership, service, and dedication to the in- OF FLORIDA coming Class of 2019. While attending Findlay HON. JEB HENSARLING IN THE HOUSE OF REPRESENTATIVES High School in Findlay, Ohio, Andrew was a OF TEXAS Wednesday, May 13, 2015 member of the National Honor Society and IN THE HOUSE OF REPRESENTATIVES Ms. BROWN of Florida. Mr. Speaker, we Honor Roll. He earned his Eagle Scout award Wednesday, May 13, 2015 are deeply and profoundly saddened by the with the Boy Scouts of America and was se- Mr. HENSARLING. Mr. Speaker, today I loss of our friend, Charles Towers, Jr. This lected for Buckeye Boys State. In addition, he would like to honor the Martin’s Mill Lady Mus- man of prominence and bearing was the epit- earned his private pilot’s license. tangs basketball team who won the Texas 2A ome of a gentleman and a scholar. We were Throughout high school, Andrew was a High School Basketball Championship on moved by his passion, emboldened by his member of his school’s track team where he March 7, 2015 at the Alamodome in San Anto- commitments, honored by his friendship and served as team captain and earned his varsity nio. This victory marked the third time since made all the better by his innate wisdom and letter. I am confident that Andrew will carry the 2008 the Lady Mustangs captured the title. his belief in the integrity of the human experi- lessons of his student and athletic leadership I would like to recognize teammates Jocie ence. We came to know him as a husband, to the Naval Academy. Bennett, Cheyenne Brown, Calli Camacho, father, grandfather, great grandfather, World Mr. Speaker, I ask my colleagues to join me Hailey Celsur, Hannah Celsur, Madi Daniel, War II veteran, Silver Star Recipient, and dedi- in congratulating Andrew Weiss on the offer of Jacee Greenlee, Hailey Hawes, Briley Moon, cated servant to people and causes, a human- his appointment to the United States Naval Hannah Munns, Sarah Munns and Alyssa itarian, a civic leader and businessman without Academy. Our service academies offer the fin- Pate. I would also like to recognize Head comparison. est military training and education available. I Coach Lauran Jenkins, Assistant Coach Me- As a member of the Jacksonville community am positive that Andrew will excel during his lissa Camacho and Managers Lydia Burns, for more than ninety years, Charlie Towers, career at the Naval Academy, and I ask my Mollie Daniel, Hannah Manry, Abbie Orrick presence will be missed by many. In 1949, he colleagues to join me in extending their best and Taylor Sparks. began his career as an attorney, with Rogers wishes to him as he begins his service to the As the congressional representative of the Towers & Bailey Law Firm and continued until Nation. families, coaches, and supporters of the Lady

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.038 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E698 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2015 Mustangs, it is my pleasure to recognize their IN SPECIAL RECOGNITION OF JEF- Our nation faces sobering questions about outstanding season and continued success. FREY WILSON ON HIS OFFER OF the basic fairness of our criminal justice sys- This victory and accomplishment is an event APPOINTMENT TO ATTEND THE tem. And we face sobering questions about that these young ladies will remember for the UNITED STATES AIR FORCE race. These questions simply cannot be ig- rest of their lives. ACADEMY nored. For too many, for too long, justice has f HON. ROBERT E. LATTA seemed too lacking. OF OHIO Precisely how long, and for how many— IN RECOGNITION OF ASSISTANT IN THE HOUSE OF REPRESENTATIVES these are numbers we ought to know, and it is shameful that we do not. The fact that po- UNITED STATES ATTORNEY Wednesday, May 13, 2015 CHARLES LEWIS lice departments are not required to report Mr. LATTA. Mr. Speaker, it is my great data about when, where and against whom pleasure to pay special tribute to an out- they use deadly force is absurd. Even FBI Di- HON. FILEMON VELA standing student from Ohio’s Fifth Congres- rector James Comey has said it is, ‘‘ridiculous sional District. I am pleased to announce that that [he] can’t tell you how many people were OF TEXAS Jeffrey Wilson of Perrysburg, Ohio has been shot by the police last week, last month, last offered an appointment to the United States IN THE HOUSE OF REPRESENTATIVES year.’’ Air Force Academy in Colorado Springs, Colo- Last year, and again earlier this year, I intro- Wednesday, May 13, 2015 rado. duced the National Statistics on Deadly Force Jeffrey’s offer of appointment poises him to Transparency Act to address this. The legisla- Mr. VELA. Mr. Speaker, I rise today to rec- attend the United States Air Force Academy tion would give both lawmakers and the public ognize Assistant United States Attorney this fall with the incoming Class of 2019. At- the numbers we need to measure the prob- Charles Lewis and to honor his more than four tending one of our nation’s military academies lem, so we can figure out how best to address decades of federal service. not only offers the opportunity to serve our it. country but also guarantees a world-class In 1973, Charlie began his career as a law However, I rise today to talk about another education, while placing demands on those clerk to the Honorable Reynaldo Garza in equally important step we can take, right now, who undertake one of the most challenging that does not require us to wait for more data. Brownsville, Texas. After completing his clerk- and rewarding experiences of their lives. ship, he joined the United States Attorney’s We can remove the looming cloud of doubt Jeffrey brings an enormous amount of lead- that hangs over too many instances in which Office for the Southern District of Texas. ership, service, and dedication to the incoming law enforcement officers use deadly force Throughout his career, Charlie distinguished Class of 2019. While attending Lake Local against unarmed individuals. himself as a tough and ethical prosecutor who High School in Millbury, Ohio, Jeffrey was a We can stop asking local prosecutors to in- passionately represented the United States in member of the National Honor Society and re- vestigate the same law enforcement officers federal court. ceived hockey and golf academic awards. In with whom they work so closely, and whose addition, he received his Eagle Scout award relationships they rely upon to perform their Charlie’s career included positions as As- through the Boy Scouts of America. sistant Director of the Attorney General’s Ad- daily responsibilities. Throughout high school, Jeffrey was a This is an obvious conflict of interest, and if vocacy Institute in charge of training federal member of his school’s hockey, golf and base- we are serious about restoring a sense of fair- prosecutors in criminal prosecutions; Coordi- ball teams, earning varsity letters in each. I ness and justice, we must remove this conflict nator of the Presidential Drug Taskforce for am confident that Jeffrey will carry the lessons immediately. the states of Texas, Louisiana, and Mis- of his student and athletic leadership to the Air To be sure, the vast majority of prosecutors sissippi; Coordinator of the High Intensity Drug Force Academy. and law enforcement officers are well mean- Trafficking Areas (HIDTA) Houston division; Mr. Speaker, I ask my colleagues to join me ing, dedicated public servants, and we depend Resident Legal Advisor to the U.S. Embassy in congratulating Jeffrey Wilson on the offer of upon them to keep us safe from criminals. in Bucharest, Romania; and Prosecutor Rep- his appointment to the United States Air Force And they have dangerous jobs, as we have resentative for the anti-terrorism advisory com- Academy. Our service academies offer the fin- seen all too frequently in recent months. mittee in Brownsville, Texas. est military training and education available. I But the fact remains that some police de- am positive that Jeffrey will excel during his Charlie’s dedication to the prosecution of or- partments don’t vet their patrolmen well career at the Air Force Academy, and I ask enough. Some allow wealthy supporters to be ganized crime and drug trafficking resulted in my colleagues to join me in extending their reserve officers where judgment is lacking and seizures of tens of millions of dollars of cur- best wishes to him as he begins his service to some don’t provide all appropriate training. rency and property and the convictions of the Nation. There are also some officers who go beyond many large-scale narcotics traffickers and cor- f the law in a callous disregard for due process. rupt public officials. INTRODUCTION OF THE POLICE While we have seen charges against offi- Many of Charlie’s cases included investiga- TRAINING AND INDEPENDENT cers in North Charleston and in Baltimore, the tions in multiple countries across numerous REVIEW ACT OF 2015 question remains: would they have been pros- federal investigative agencies, and took years ecuted if we didn’t have video of the events in to develop and prosecute. Charlie was particu- question? HON. STEVE COHEN According to a recent Washington Post in- larly good at explaining complex cases to fed- OF TENNESSEE vestigation, there have been, ‘‘thousands of eral juries and applying the Racketeer Influ- IN THE HOUSE OF REPRESENTATIVES fatal shootings at the hands of police since enced and Corrupt Organizations Act. Wednesday, May 13, 2015 2005, [and] only 54 officers have been Charlie is particularly proud of the three Mr. COHEN. Mr. Speaker, I rise today in charged. Most were cleared or acquitted in the years he spent in Bucharest, Romania where support of The Police Training and Inde- cases that have been resolved.’’ he helped reform the Romanian legal system pendent Review Act, which I introduced earlier I can’t stand here today and tell you wheth- and served as the U.S. representative to the today with colleague LACY CLAY of Missouri. er each of these prosecutors was biased. But Southeast European Cooperative Initiative If enacted, the Police Training and Inde- what I can tell you is that there is a perception (now known as the Southeast European Law pendent Review Act would help ensure the of unfairness in certain kinds of cases, and Enforcement Center) which provides support independent investigation and prosecution of that perception is poisoning the public trust. to member states to combat transnational or- law enforcement officers in cases involving But we can fix this problem. ganized crime and corruption. their use of deadly force. It would also provide The Police Training and Independent Re- sensitivity training for law enforcement officers. view Act would give states a reason to do Mr. Speaker, I thank you for the opportunity America received a wakeup call last year in what they should already be doing: require the to honor Charles Lewis and his more than four Ferguson, Missouri. It received another in use of independent prosecutors when there is decades of public service to the United States. Staten Island, New York. an obvious conflict of interest. If states refuse I join my colleagues in Congress in wishing It received yet another in Cleveland, Ohio, to use independent prosecutors for cases him and Mary, his wife of more than 30 years, and then North Charleston, South Carolina, against law enforcement officers involving their the best. and more recently in Baltimore. use of deadly force, they lose federal funding,

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K13MY8.017 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS May 13, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E699 which can make up a significant portion of the development of methane hydrate as Committee on Environment and Public their budgets. a commercially viable source of en- Works I urge my colleagues to help pass this legis- ergy, S. 1222, to amend the Federal Subcommittee on Fisheries, Water, and lation quickly, and help restore some much Power Act to provide for reports relat- Wildlife To hold hearings to examine S. 1140, to needed faith in our criminal justice system. ing to electric capacity resources of transmission organizations and the require the Secretary of the Army and I want to thank my colleague LACY CLAY for the Administrator of the Environ- his partnership on this bill. He is a tireless ad- amendment of certain tariffs to address the procurement of electric capacity mental Protection Agency to propose a vocate on these issues, and I am honored to resources, S. 1224, to reconcile differing regulation revising the definition of the term ‘‘waters of the United work with him. Federal approaches to condensate, S. States’’. f 1226, to amend the Mineral Leasing Act SD–406 SENATE COMMITTEE MEETINGS and the Mineral Leasing Act for Ac- Committee on Finance quired Lands to promote a greater do- To hold hearings to examine how to safe- Title IV of Senate Resolution 4, mestic helium supply, to establish a agreed to by the Senate of February 4, ly reduce reliance on foster care group Federal helium leasing program for homes. 1977, calls for establishment of a sys- public land, and to secure a helium SD–215 tem for a computerized schedule of all supply for national defense and Federal Committee on Health, Education, Labor, meetings and hearings of Senate com- researchers, S. 1236, to amend the Fed- and Pensions mittees, subcommittees, joint commit- eral Power Act to modify certain re- To hold an oversight hearing to examine tees, and committees of conference. quirements relating to trial-type hear- the Equal Employment Opportunity This title requires all such committees ings with respect to certain license ap- Commission, focusing on examining plications before the Federal Energy to notify the Office of the Senate Daily EEOC’s enforcement and litigation pro- Regulatory Commission, S. 1264, to grams. Digest—designated by the Rules Com- amend the Public Utility Regulatory SD–430 mittee—of the time, place and purpose Policies Act of 1978 to establish a re- 10:30 a.m. of the meetings, when scheduled and newable electricity standard, S. 1270, to Committee on the Budget any cancellations or changes in the amend the Energy Policy Act of 2005 to To hold an oversight hearing to examine meetings as they occur. reauthorize hydroelectric production the Congressional Budget Office. As an additional procedure along incentives and hydroelectric efficiency SD–608 with the computerization of this infor- improvement incentives, S. 1271, to re- 2 p.m. mation, the Office of the Senate Daily quire the Secretary of the Interior to Committee on Small Business and Entre- issue regulations to prevent or mini- preneurship Digest will prepare this information for To hold hearings to examine proposed en- printing in the Extensions of Remarks mize the venting and flaring of gas in oil and gas production operations in vironmental regulation’s impacts on section of the CONGRESSIONAL RECORD America’s small businesses. the United States, S. 1272, to direct the SR–428A on Monday and Wednesday of each Comptroller General of the United 2:30 p.m. week. States to conduct a study on the ef- Committee on the Judiciary Meetings scheduled for Thursday, fects of forward capacity auctions and May 14, 2015 may be found in the Daily Subcommittee on Crime and Terrorism other capacity mechanisms, S. 1276, to To hold hearings to examine body cam- Digest of today’s RECORD. amend the Gulf of Mexico Energy Secu- eras, focusing on whether technology rity Act of 2006 to increase energy ex- can increase protection for law enforce- MEETINGS SCHEDULED ploration and production on the outer ment officers and the public. Continental Shelf in the Gulf of Mex- MAY 15 SD–226 ico, S. 1278, to amend the Outer Conti- Select Committee on Intelligence 9:30 a.m. nental Shelf Lands Act to provide for To receive a closed briefing on certain Committee on Armed Services the conduct of certain lease sales in intelligence matters. Closed business meeting to continue to the Alaska outer Continental Shelf re- SH–219 markup the proposed National Defense gion, to make certain modifications to 2:45 p.m. Authorization Act for fiscal year 2016. the North Slope Science Initiative, S. Committee on Foreign Relations SR–222 1279, to provide for revenue sharing of To hold hearings to examine the nomina- qualified revenues from leases in the tions of Mileydi Guilarte, of the Dis- MAY 19 South Atlantic planning area, S. 1280, trict of Columbia, to be United States 10 a.m. to direct the Secretary of the Interior Alternate Executive Director of the Committee on Commerce, Science, and to establish an annual production in- Inter-American Development Bank, Transportation centive fee with respect to Federal on- Jennifer Ann Haverkamp, of Indiana, To hold hearings to examine Federal shore and offshore land that is subject to be Assistant Secretary for Oceans Aviation Administration reauthoriza- to a lease for production of oil or nat- and International Environmental and tion, focusing on air traffic control ural gas under which production is not Scientific Affairs, and Brian James modernization and reform. occurring, S. 1282, to amend the Energy Egan, of Maryland, to be Legal Ad- SR–253 Policy Act of 2005 to require the Sec- viser, both of the Department of State, Committee on Energy and Natural Re- retary of Energy to consider the objec- Marcia Denise Occomy, of the District of Columbia, to be United States Direc- sources tive of improving the conversion, use, To hold hearings to examine S. 562, to tor of the African Development Bank and storage of carbon dioxide produced promote exploration for geothermal re- for a term of five years, and Sunil from fossil fuels in carrying out re- sources, S. 822, to expand geothermal Sabharwal, of California, to be United search and development programs production, S. 1026, to amend the En- States Alternate Executive Director of under that Act, S. 1283, to amend the ergy Independence and Security Act of the International Monetary Fund for a Energy Policy Act of 2005 to repeal cer- 2007 to repeal a provision prohibiting term of two years. Federal agencies from procuring alter- tain programs, to establish a coal tech- SD–419 native fuels, S. 1057, to promote geo- nology program, S. 1285, to authorize thermal energy, S. 1058, to promote re- the Secretary of Energy to enter into MAY 20 contracts to provide certain price sta- search, development, and demonstra- 9:30 a.m. tion of marine and hydrokinetic renew- bilization support relating to electric Committee on Environment and Public able energy technologies, S. 1103, to re- generation units that use coal-based Works instate and extend the deadline for generation technology, S. 1294, to re- Subcommittee on Superfund, Waste Man- commencement of construction of a quire the Secretary of Energy and the agement, and Regulatory Oversight hydroelectric project involving Clark Secretary of Agriculture to collaborate To hold an oversight hearing to examine Canyon Dam, S. 1104, to extend the in promoting the development of effi- scientific advisory panels and processes deadline for commencement of con- cient, economical, and environ- at the Environmental Protection Agen- struction of a hydroelectric project in- mentally sustainable thermally led cy, including S. 543, to amend the Envi- volving the Gibson Dam, S. 1199, to au- wood energy systems, and S. 1304, to re- ronmental Research, Development, and thorize Federal agencies to provide al- quire the Secretary of Energy to estab- Demonstration Authorization Act of ternative fuel to Federal employees on lish a pilot competitive grant program 1978 to provide for Scientific Advisory a reimbursable basis, S. 1215, to amend for the development of a skilled energy Board member qualifications, public the Methane Hydrate Research and De- workforce. participation. velopment Act of 2000 to provide for SD–366 SD–406

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.040 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E700 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2015 10 a.m. 10 a.m. to establish microlabs to improve re- Committee on Health, Education, Labor, Committee on Agriculture, Nutrition, and gional engagement with national lab- and Pensions Forestry oratories, S. 1033, to amend the Depart- To hold hearings to examine reauthor- Business meeting to consider pending ment of Energy Organization Act to re- izing the Higher Education Act, focus- legislation, and the nomination of Jef- place the current requirement for a bi- ing on exploring institutional risk- frey Michael Prieto, of California, to be ennial energy policy plan with a Quad- sharing. General Counsel of the Department of rennial Energy Review, S. 1054, to im- Agriculture. SD–430 prove the productivity and energy effi- SR–328A Committee on Homeland Security and ciency of the manufacturing sector by Committee on Banking, Housing, and Governmental Affairs directing the Secretary of Energy, in Urban Affairs coordination with the National Acad- Subcommittee on Regulatory Affairs and Business meeting to markup an original emies and other appropriate Federal Federal Management bill entitled, ‘‘The Financial Regu- agencies, to develop a national smart To hold hearings to examine 21st century latory Improvement Act of 2015’’. manufacturing plan and to provide as- ideas for the 20th century Federal civil SD–538 sistance to small-and medium-sized service. 2:30 p.m. manufacturers in implementing smart SD–342 Committee on Energy and Natural Re- manufacturing programs, S. 1068, to Committee on Veterans’ Affairs sources amend the Federal Power Act to pro- To hold a joint hearing with the House Subcommittee on Public Lands, Forests, tect the bulk-power system from cyber Committee on Veterans’ Affairs to ex- and Mining security threats, S. 1181, to expand the amine the legislative presentation of To hold hearings to examine S. 160, and Advanced Technology Vehicle Manu- multiple veterans service organiza- H.R. 373, to direct the Secretary of the facturing Program to include commer- tions. Interior and the Secretary of Agri- cial trucks and United States flagged SH–216 culture to expedite access to certain vessels, to return unspent funds and 10:30 a.m. Federal land under the administrative loan proceeds to the United States Committee on Commerce, Science, and jurisdiction of each Secretary for good Treasury to reduce the national debt, Samaritan search-and-recovery mis- Transportation S. 1187, to improve management of the sions, S. 365, to improve rangeland con- Business meeting to consider pending National Laboratories, enhance tech- ditions and restore grazing levels with- calendar business. nology commercialization, facilitate in the Grand Staircase-Escalante Na- public-private partnerships, S. 1216, to SR–253 tional Monument, Utah, S. 472, to pro- 2:15 p.m. amend the Natural Gas Act to modify a mote conservation, improve public provision relating to civil penalties, S. Committee on Indian Affairs land, and provide for sensible develop- 1218, to establish an interagency co- To hold an oversight hearing to examine ment in Douglas County, Nevada, S. ordination committee or subcommittee addressing the needs of Native commu- 583, to establish certain wilderness with the leadership of the Department nities through Indian Water Rights areas in central Idaho and to authorize of Energy and the Department of the Settlements. various land conveyances involving Na- Interior, focused on the nexus between SD–628 tional Forest System land and Bureau energy and water production, use, and Special Committee on Aging of Land Management land in central efficiency, S. 1221, to amend the Fed- To hold hearings to examine solutions to Idaho, S. 814, to provide for the convey- eral Power Act to require periodic re- the hospital observation stay crisis. ance of certain Federal land in the ports on electricity reliability and reli- SD–562 State of Oregon to the Confederated ability impact statements for rules af- 2:30 p.m. Tribes of Coos, Lower Umpqua, and fecting the reliable operation of the Committee on Commerce, Science, and Siuslaw Indians, S. 815, to provide for bulk-power system, S. 1223, to amend Transportation the conveyance of certain Federal land the Energy Policy Act of 2005 to im- Subcommittee on Oceans, Atmosphere, in the State of Oregon to the Cow prove the loan guarantee program for Fisheries, and Coast Guard Creek Band of Umpqua Tribe of Indi- innovative technologies, S. 1229, to re- To hold hearings to examine improve- ans, and S. 1240, to designate the Cerro quire the Secretary of Energy to sub- ments and innovations in fishery man- del Yuta and Rio San Antonio Wilder- mit a plan to implement recommenda- agement and data collection. ness Areas in the State of New Mexico. tions to improve interactions between SD–366 SR–253 the Department of Energy and Na- Select Committee on Intelligence Committee on the Judiciary tional Laboratories, S. 1230, to direct To receive a closed briefing on certain Subcommittee on the Constitution the Secretary of the Interior to estab- intelligence matters. lish a program under which the Direc- To hold hearings to examine taking sex- SH–219 ual assault seriously, focusing on the tor of the Bureau of Land Management rape kit backlog and human rights. shall enter into memoranda of under- JUNE 4 standing with States providing for SD–226 10 a.m. State oversight of oil and gas produc- Committee on Energy and Natural Re- tions activities, and S. 1241, to provide MAY 21 sources for the modernization, security, and re- 9:30 a.m. To hold hearings to examine S. 454, to siliency of the electric grid, to require Committee on Homeland Security and amend the Department of Energy High- the Secretary of Energy to carry out Governmental Affairs End Computing Revitalization Act of programs for research, development, To hold hearings to examine under- 2004 to improve the high-end com- demonstration, and information-shar- standing America’s long-term fiscal puting research and development pro- ing for cybersecurity for the energy picture. gram of the Department of Energy, S. sector. SD–342 784, to direct the Secretary of Energy SD–366

VerDate Sep 11 2014 06:47 May 14, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\M13MY8.000 E13MYPT1 SSpencer on DSK4SPTVN1PROD with REMARKS Wednesday, May 13, 2015 Daily Digest Senate sideration; and that if cloture is invoked, the 30 Chamber Action hours of post-cloture consideration under rule XXII Routine Proceedings, pages S2815–2896. be deemed expired at 10 p.m. Page S2834 Measures Introduced: Twenty-five bills were intro- Appointments: duced, as follows: S. 1313–1337. Pages S2849–50 Board of Visitors of the U.S. Naval Academy: Measures Reported: The Chair, on behalf of the Vice President, pursuant Report to accompany S. 1269, to reauthorize trade to 10 U.S.C. 6968(a), appointed the following Sen- facilitation and trade enforcement functions and ac- ators to the Board of Visitors of the U.S. Naval tivities. (S. Rept. No. 114–45) Page S2849 Academy: Senator Shaheen (Committee on Appro- Measures Passed: priations), and Senator Cardin (At Large). Page S2896 International Year of Soils: Committee on Agri- Board of Visitors of the U.S. Merchant Marine culture, Nutrition, and Forestry was discharged from Academy: The Chair, on behalf of the Vice Presi- further consideration of S. Con. Res. 10, supporting dent, pursuant to Section 1295b(h) of title 46 App., the designation of the year of 2015 as the ‘‘Inter- United States Code, appointed the following Senators national Year of Soils’’ and supporting locally led to the Board of Visitors of the U.S. Merchant Marine soil conservation, and the resolution was then agreed Academy: Senator Peters (At Large), and Senator to, after agreeing to the following amendment pro- Schatz (Committee on Commerce, Science, and posed thereto: Page S2896 Transportation). Page S2896 McConnell (for Lee) Amendment No. 1225, to Board of Visitors of the U.S. Coast Guard Acad- clarify the support of Congress for voluntary land- emy: The Chair, on behalf of the Vice President, owner participation in certain conservation programs. pursuant to 14 U.S.C. 194(a), as amended by Public Page S2896 Law 101–595, and further amended by Public Law Measures Considered: 113–281, appointed the following Senators to the Board of Visitors of the U.S. Coast Guard Academy: Ensuring Tax Exempt Organizations the Right to Senator Cantwell, and Senator Blumenthal. Appeal Act—Agreement: Senate continued consid- eration of the motion to proceed to consideration of Page S2896 H.R. 1314, to amend the Internal Revenue Code of Board of Visitors of the U.S. Air Force Academy: 1986 to provide for a right to an administrative ap- The Chair, on behalf of the Vice President, pursuant peal relating to adverse determinations of tax-exempt to 10 U.S.C. 9355(a), appointed the following Sen- status of certain organizations. ators to the Board of Visitors of the U.S. Air Force Pages S2821–2830, S2834–40 Academy: Senator Udall (Committee on Appropria- A unanimous-consent agreement was reached pro- tions), and Senator Hirono (Committee on Armed viding that on Thursday, May 14, 2015, following Services). Page S2896 disposition of H.R. 644, to amend the Internal Rev- Trade Bills—Agreement: A unanimous-consent enue Code of 1986 to permanently extend and ex- agreement was reached providing that at 10 a.m., on pand the charitable deduction for contributions of Thursday, May 14, 2015, Senate begin consideration food inventory, the motion to proceed to the motion of H.R. 1295, to amend the Internal Revenue Code to reconsider the failed cloture vote on the motion of 1986 to improve the process for making deter- to proceed to consideration of H.R. 1314 be agreed minations with respect to whether organizations are to, the motion to reconsider the failed cloture vote exempt from taxation under section 501(c)(4) of such on the motion to proceed to consideration of H.R. Code, and H.R. 644, to amend the Internal Revenue 1314 be agreed to, and that at 2 p.m., Senate vote Code of 1986 to permanently extend and expand the on the motion to invoke cloture on the motion to charitable deduction for contributions of food inven- proceed to consideration of H.R. 1314, upon recon- tory, en bloc; that the Hatch amendments at the D527

VerDate Sep 11 2014 06:19 May 14, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MY5.REC D13MYPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D528 CONGRESSIONAL RECORD — DAILY DIGEST May 13, 2015 desk, the text of which are S. 1267, to extend the African Growth and Opportunity Act, the General- Committee Meetings ized System of Preferences, the preferential duty (Committees not listed did not meet) treatment program for Haiti, and S. 1269, to reau- thorize trade facilitation and trade enforcement func- APPROPRIATIONS: BUREAU OF LAND tions and activities, respectively, be considered and MANAGEMENT agreed to, that no further amendments be in order, Committee on Appropriations: Subcommittee on Depart- and that at 12 p.m., Senate vote on H.R. 1295, as ment of the Interior, Environment, and Related amended, followed by a vote on H.R. 644, as Agencies concluded a hearing to examine proposed amended, with no intervening action or debate, and budget estimates for fiscal year 2016 for the Bureau that there be a 60 affirmative vote threshold needed of Land Management, after receiving testimony from for passage of each bill. Page S2896 Neil G. Kornze, Director, Bureau of Land Manage- ment, Department of the Interior. Message from the President: Senate received the following message from the President of the United BUSINESS MEETING States: Committee on Armed Services: Committee began consid- Transmitting, pursuant to law, a report on the eration of the proposed National Defense Authoriza- continuation of the national emergency that was tion Act for fiscal year 2016, but did not complete originally declared in Executive Order 13611 of May action thereon, and will meet again on Thursday, 16, 2012, with respect to Yemen; which was referred May, 14, 2015. to the Committee on Banking, Housing, and Urban AMERICAN INTERESTS IN THE EAST AND Affairs. (PM–16) Page S2848 SOUTH CHINA SEAS Nomination Confirmed: Senate confirmed the fol- Committee on Foreign Relations: Committee concluded lowing nomination: a hearing to examine safeguarding American inter- By 84 yeas to 12 nays (Vote No. EX. 177), Sally ests in the East and South China Seas, after receiving Quillian Yates, of Georgia, to be Deputy Attorney testimony from Daniel Russel, Assistant Secretary of General. Pages S2830–34 State, Bureau of East Asian and Pacific Affairs; and Messages from the House: Page S2848 David Shear, Assistant Secretary of Defense for Asian and Pacific Security Affairs. Measures Referred: Page S2848 SECURING THE BORDER Executive Communications: Pages S2848–49 Committee on Homeland Security and Governmental Af- Additional Cosponsors: Pages S2850–51 fairs: Committee concluded a hearing to examine se- Statements on Introduced Bills/Resolutions: curing the border, focusing on fencing, infrastruc- Pages S2851–52 ture, and technology force multipliers, after receiving testimony from Randolph D. Alles, Assistant Com- Additional Statements: Pages S2846–48 missioner, Office of Air and Marine, Mark Amendments Submitted: Pages S2852–95 Borkowski, Assistant Commissioner, Office of Tech- Authorities for Committees to Meet: nology Innovation and Acquisition, and Ronald Pages S2895–96 Vitiello, Deputy Chief, Office of Border Patrol, all of Customs and Border Protection, and Anh Duong, Privileges of the Floor: Page S2896 Director, Borders and Maritime Security Division, Record Votes: One record vote was taken today. Advanced Research Projects Agency, Science and (Total—177) Page S2834 Technology Directorate, all of the Department of Adjournment: Senate convened at 9:30 a.m. and Homeland Security; Rebecca Gambler, Director, adjourned at 5:37 p.m., until 9:30 a.m. on Thurs- Homeland Security and Justice, Government Ac- day, May 14, 2015. (For Senate’s program, see the countability Office; and Michael John Garcia, Legis- remarks of the Majority Leader in today’s Record on lative Attorney, Congressional Research Service, Li- brary of Congress. page S2896.) BUSINESS MEETING Committee on Indian Affairs: Committee ordered favor- ably reported S. 986, to require the Secretary of the Interior to take into trust 4 parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico.

VerDate Sep 11 2014 06:19 May 14, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MY5.REC D13MYPT1 SSpencer on DSK4SPTVN1PROD with DIGEST May 13, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D529 EDUCATIONAL OPPORTUNITIES FOR cluding S. 270, to amend title 38, United States INDIAN CHILDREN Code, to revise the definition of spouse for purposes Committee on Indian Affairs: Committee concluded an of veterans benefits in recognition of new State defi- oversight hearing to examine the Bureau of Indian nitions of spouse, S. 602, to amend title 38, United Education, focusing on organizational challenges in States Code, to consider certain time spent by mem- transforming educational opportunities for Indian bers of reserve components of the Armed Forces children, after receiving testimony from Charles while receiving medical care from the Secretary of Roessel, Director, Bureau of Indian Education, De- Defense as active duty for purposes of eligibility for partment of the Interior; Melissa Emrey-Arras, Di- Post-9/11 Educational Assistance, S. 627, to require rector, Education, Workforce, and Income Security, the Secretary of Veterans Affairs to revoke bonuses Government Accountability Office; Carri Jones, paid to employees involved in electronic wait list Leech Lake Band of Ojibwe, Cass Lake, Minnesota; manipulations, S. 681, to amend title 38, United and Tommy Lewis, Navajo Nation Department of States Code, to clarify presumptions relating to the Dine Education, Window Rock, Arizona. exposure of certain veterans who served in the vicin- ity of the Republic of Vietnam, S. 1203, to amend CONSTITUTIONAL RIGHT TO COUNSEL title 38, United States Code, to improve the proc- FOR INDIGENTS CHARGED WITH essing by the Department of Veterans Affairs of MISDEMEANORS claims for benefits under laws administered by the Committee on the Judiciary: Committee concluded a Secretary of Veterans Affairs, and an original bill en- hearing to examine protecting the constitutional titled ‘‘Veterans’ Compensation Cost-of-Living-Ad- right to counsel for indigents charged with mis- justment Act of 2015’’, after receiving testimony demeanors, after receiving testimony from Neil Ful- from Senators Ayotte and Gillibrand; David R. ton, Chief Federal Public Defender for the Districts McLenachen, Acting Deputy Under Secretary of Vet- of North and South Dakota; Mark S. Cady, Supreme erans Affairs for Disability Assistance, Veterans Ben- Court of Iowa Chief Justice, Des Moines, on behalf efits Administration; Anthony M. Kurta, Deputy As- of the Conference of Chief Justices; David A. Sin- sistant Secretary of Defense, Military Personnel Pol- gleton, Ohio Justice and Policy Center, Cincinnati; icy; Teresa W. Gerton, Deputy Assistant Secretary of Robert C. Boruchowitz, Seattle University School of Labor for Policy, Veterans’ Employment and Train- Law, Seattle, Washington; and Erica Hashimoto, ing Service; and Alphonso Maldon, Jr., Military University of Georgia School of Law, Athens. Compensation and Retirement Modernization Com- mission, Jeffrey Phillips, Reserve Officers Association BENEFITS LEGISLATION of the United States, and Aleks Morosky, Veterans Committee on Veterans’ Affairs: Committee concluded a of Foreign Wars of the United States, all of Wash- hearing to examine pending benefits legislation, in- ington, D.C. h House of Representatives prescribe military personnel strengths for such fiscal Chamber Action year, and for other purposes (H. Rept. 114–112). Public Bills and Resolutions Introduced: 30 pub- Page H2956 lic bills, H.R. 2285–2314; and 2 resolutions, H.J. Speaker: Read a letter from the Speaker wherein he Res. 51; and H. Res. 261, were introduced. appointed Representative Dold to act as Speaker pro Pages H2956–58 tempore for today. Page H2881 Additional Cosponsors: Pages H2959–60 Recess: The House recessed at 10:59 a.m. and re- Report Filed: A report was filed today as follows: convened at 12 noon. Page H2887 H. Res. 260, providing for further consideration Guest Chaplain: The prayer was offered by the of the bill (H.R. 1735) to authorize appropriations Guest Chaplain, Reverend Larry Kendrick, Archer’s for fiscal year 2016 for military activities of the De- Chapel United Methodist Church, Brownsville, Ten- partment of Defense and for military construction, to nessee. Pages H2887–88 Journal: The House agreed to the Speaker’s approval of the Journal by a voice vote. Pages H2888, H2940

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Unanimous Consent Agreement: Agreed by unan- tary personnel strengths for such fiscal year. Consid- imous consent that the Chair may postpone further eration is expected to resume tomorrow, May 14. proceedings today on a motion to recommit as Pages H2940–48, H2955 though under clause 8 of rule 20. Page H2901 H. Res. 255, the rule providing for consideration USA FREEDOM Act of 2015: The House passed of the bills (H.R. 1735), (H.R. 36), and (H.R. H.R. 2048, to reform the authorities of the Federal 2048), was agreed to by a yea-and-nay vote of 240 Government to require the production of certain yeas to 186 nays, Roll No. 221, after the previous business records, conduct electronic surveillance, use question was ordered. Page H2892 pen registers and trap and trace devices, and use Board of Directors of the Office of Compli- other forms of information gathering for foreign in- ance—Reappointment: The Chair announced on telligence, counterterrorism, and criminal purposes, behalf of the Speaker and Minority Leader of the by a recorded vote of 338 ayes to 88 noes, Roll No. House and the Majority and Minority Leaders of the 224. Pages H2901–23 Senate, the joint reappointment on May 13, 2015 of Pursuant to the Rule, the amendment printed in Ms. Barbara L. Camens of Washington, DC, Chair, part B of H. Rept. 114–111 shall be considered as and Ms. Roberta L. Holzwarth of Rockford, Illinois, adopted. Page H2901 each to a two-year term on the Board of Directors H. Res. 255, the rule providing for consideration of the Office of Compliance. Page H2948 of the bills (H.R. 1735), (H.R. 36), and (H.R. Board of Regents of the Smithsonian Institu- 2048), was agreed to by a yea-and-nay vote of 240 tion—Appointment: The Chair announced the yeas to 186 nays, Roll No. 221, after the previous Speaker’s appointment of the following Member on question was ordered. Page H2892 the part of the House to the Board of Regents of the Pain-Capable Unborn Child Protection Act: The Smithsonian Institution: Representative Becerra. House passed H.R. 36, to amend title 18, United Page H2948 States Code, to protect pain-capable unborn children, Board of Trustees of the Harry S. Truman by a recorded vote of 242 ayes to 184 noes with one Scholarship Foundation—Appointment: The answering ‘‘present’’, Roll No. 223. Pages H2923–39 Chair announced the Speaker’s appointment of the Rejected the Brownley (CA) motion to recommit following Member on the part of the House to the the bill to the Committee on the Judiciary with in- Board of Trustees of the Harry S. Truman Scholar- structions to report the same back to the House ship Foundation: Representative Deutch. forthwith with an amendment, by a yea-and-nay vote Pages H2948–49 of 181 yeas to 246 nays, Roll No. 222. Board of Visitors to the United States Military Pages H2936–38 Academy—Appointment: The Chair announced Pursuant to the Rule, the amendment in the na- the Speaker’s appointment of the following Members ture of a substitute printed in part A of H. Rept. on the part of the House to the Board of Visitors 114–111 shall be considered as adopted. Page H2924 to the United States Military Academy: Representa- H. Res. 255, the rule providing for consideration tives Israel and Loretta Sanchez (CA). Page H2949 of the bills (H.R. 1735), (H.R. 36), and (H.R. House Commission on Congressional Mailing 2048), was agreed to by a yea-and-nay vote of 240 Standards—Appointment: The Chair announced yeas to 186 nays, Roll No. 221, after the previous the Speaker’s appointment of the following Members question was ordered. Page H2892 to the House Commission on Congressional Mailing Moment of silence: The House observed a moment Standards: Representatives Davis (CA), Sherman, and of silence in honor of all law enforcement officers Richmond. Page H2949 who have lost their lives in the line of duty. Dwight D. Eisenhower Memorial Commission— Page H2939 Appointment: The Chair announced the Speaker’s Unanimous consent agreement: Agreed by unani- appointment of the following Members on the part mous consent that debate under clause 1(c) of rule of the House to the Dwight D. Eisenhower Memo- 15 on a motion to suspend the rules relating to rial Commission: Representatives Bishop (GA) and H.R. 1191 be extended to one hour. Page H2940 Thompson (CA). Page H2949 National Defense Authorization Act for Fiscal Congressional-Executive Commission on the Peo- Year 2016: The House began consideration of H.R. ple’s Republic of China—Appointment: The 1735, to authorize appropriations for fiscal year 2016 Chair announced the Speaker’s appointment of the for military activities of the Department of Defense following Members on the part of the House to the and for military construction, and to prescribe mili- Congressional-Executive Commission on the People’s

VerDate Sep 11 2014 06:19 May 14, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MY5.REC D13MYPT1 SSpencer on DSK4SPTVN1PROD with DIGEST May 13, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D531 Republic of China: Representatives Walz, Kaptur, from Robert Johansson, Acting Chief Economist, Honda, and Lieu (CA). Page H2949 Department of Agriculture; and Jim Jones, Assistant Commission on Security and Cooperation in Eu- Administrator, Office of Safety and Pollution Preven- rope—Appointment: The Chair announced the tion, Environmental Protection Agency. Speaker’s appointment of the following Members on APPROPRIATIONS—TRANSPORTATION, the part of the House to the Commission on Security HOUSING AND URBAN DEVELOPMENT, and Cooperation in Europe: Representatives Hastings AND RELATED AGENCIES (FL), Slaughter, Cohen, and Grayson. Page H2949 Committee on Appropriations: Full Committee held a United States Capitol Preservation Commis- markup on Transportation, Housing and Urban De- sion—Minority Leader Reappointment: Read a velopment, and Related Agencies Appropriations letter from Representative Pelosi, Minority Leader, Bill for FY 2016 and Revised Report on the Sub- in which she reappointed the Honorable Marcy Kap- allocation of Budget Allocations for FY 2016. The tur of Ohio to the United States Capitol Preservation Transportation, Housing and Urban Development, Commission. Page H2949 and Related Agencies Appropriations Bill for FY Tom Lantos Human Rights Commission—Mi- 2016 was ordered reported, as amended. The Revised nority Leader Reappointment: Read a letter from Report on the Suballocation of Budget Allocations Representative Pelosi, Minority Leader, in which she for FY 2016 was approved. reappointed the Honorable James P. McGovern of DISCUSSION DRAFTS ADDRESSING Massachusetts as Co-Chair of the Tom Lantos HYDROPOWER REGULATORY Human Rights Commission. Page H2949 MODERNIZATION AND FERC PROCESS National Council on the Arts—Minority Leader COORDINATION UNDER THE NATURAL Reappointment: Read a letter from Representative GAS ACT Pelosi, Minority Leader, in which she reappointed Committee on Energy and Commerce: Subcommittee on the Honorable Betty McCollum of Minnesota to the Energy and Power held a hearing entitled ‘‘Discus- National Council on the Arts. Page H2949 sion Drafts Addressing Hydropower Regulatory Recess: The House recessed at 8 p.m. and recon- Modernization and FERC Process Coordination vened at 11 p.m. Page H2955 under the Natural Gas Act’’. Testimony was heard Presidential Message: Read a message from the from Paul R. LePage, Governor of Maine; Ann F. President wherein he notified Congress that the na- Miles, Director, Office of Energy Projects, Federal tional emergency with respect to Yemen that was Energy Regulatory Commission; and public wit- declared in Executive Order 13611 of May 16, 2012 nesses. is to continue in effect beyond May 16, 2015—re- STAKEHOLDER PERSPECTIVES ON THE ferred to the Committee on Foreign Affairs and or- IANA TRANSITION dered to be printed (H. Doc. 114–36). Page H2923 Committee on Energy and Commerce: Subcommittee on Senate Message: Message received from the Senate Communications and Technology held a hearing en- by the Clerk and subsequently presented to the titled ‘‘Stakeholder Perspectives on the IANA Tran- House today appears on page H2892. sition’’. Testimony was heard from public witnesses. Quorum Calls—Votes: Two yea-and-nay votes and THE DODD-FRANK ACT AND two recorded votes developed during the proceedings REGULATORY OVERREACH of today and appear on pages H2901, H2937–38, H2938–39, and H2939. There were no quorum Committee on Financial Services: Subcommittee on calls. Oversight and Investigations held a hearing entitled ‘‘The Dodd-Frank Act and Regulatory Overreach’’. Adjournment: The House met at 10 a.m. and ad- Testimony was heard from public witnesses. journed at 11:01 p.m. LEGISLATIVE PROPOSALS TO ENHANCE CAPITAL FORMATION AND REDUCE Committee Meetings REGULATORY BURDENS, PART II FEDERAL COORDINATION AND RESPONSE Committee on Financial Services: Subcommittee on Cap- REGARDING POLLINATOR HEALTH ital Markets and Government Sponsored Enterprises Committee on Agriculture: Subcommittee on Bio- held a hearing entitled ‘‘Legislative Proposals to En- technology, Horticulture, and Research held a hear- hance Capital Formation and Reduce Regulatory ing to review the federal coordination and response Burdens, Part II’’. Testimony was heard from public regarding pollinator health. Testimony was heard witnesses.

VerDate Sep 11 2014 06:19 May 14, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MY5.REC D13MYPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D532 CONGRESSIONAL RECORD — DAILY DIGEST May 13, 2015 ANCIENT COMMUNITIES UNDER ATTACK: Inspector General, Department of Homeland Secu- ISIS’S WAR ON RELIGIOUS MINORITIES rity; Jennifer Grover, Acting Director, Homeland Se- Committee on Foreign Affairs: Full Committee held a curity and Justice, Government Accountability Of- hearing entitled ‘‘Ancient Communities Under At- fice; and a public witness. tack: ISIS’s War on Religious Minorities’’. Testi- mony was heard from public witnesses. THE EMP THREAT: THE STATE OF PREPAREDNESS AGAINST THE THREAT OF MISCELLANEOUS MEASURES AN ELECTROMAGNETIC PULSE (EMP) Committee on Homeland Security: Subcommittee on EVENT Oversight and Management Efficiency held a mark- up on H.R. 1615, the ‘‘DHS FOIA Efficiency Act Committee on Oversight and Government Reform: Sub- of 2015’’; H.R. 1626, the ‘‘DHS IT Duplication Re- committee on National Security; and Subcommittee duction Act of 2015’’; H.R. 1633, the ‘‘DHS Paid on the Interior, held a joint hearing entitled ‘‘The Administrative Leave Accountability Act of 2015’’; EMP Threat: The State of Preparedness Against the H.R. 1640, the ‘‘Department of Homeland Security Threat of an Electromagnetic Pulse (EMP) Event’’. Headquarters Consolidation Accountability Act of Testimony was heard from public witnesses. 2015’’; and H.R. 1646, the ‘‘Homeland Security Drone Assessment and Analysis Act’’. The following NATIONAL DEFENSE AUTHORIZATION bills were ordered reported to the full committee, as ACT FOR FISCAL YEAR 2016 amended: H.R. 1615, H.R. 1626, H.R. 1633, H.R. Committee on Rules: Full Committee held a hearing on 1640, and H.R. 1646. H.R. 1735, the ‘‘National Defense Authorization STAKEHOLDER PERSPECTIVES ON ICANN: Act for Fiscal Year 2016’’ (Amendment Consider- THE .SUCKS DOMAIN AND ESSENTIAL ation). The committee granted, by a record vote of STEPS TO GUARANTEE TRUST AND 8–3, a structured rule for further consideration of ACCOUNTABILITY IN THE INTERNET’S H.R. 1735. The rule provides no further general de- OPERATION bate. The rule makes in order as original text for purpose of amendment an amendment in the nature Committee on the Judiciary: Subcommittee on Courts, of a substitute consisting of the text of Rules Com- Intellectual Property, and the Internet held a hearing mittee Print 114–14 and provides that it shall be entitled ‘‘Stakeholder Perspectives on ICANN: The considered as read. The rule waives all points of .Sucks Domain and Essential Steps to Guarantee order against that amendment in the nature of a Trust and Accountability in the Internet’s Oper- substitute. The rule makes in order only those fur- ation’’. Testimony was heard from public witnesses. ther amendments printed in the report and amend- THE OBAMA ADMINISTRATION’S CEQ ments en bloc described in section 3 of the resolu- RECENTLY REVISED DRAFT GUIDANCE tion. Each such amendment printed in the report FOR GHG EMISSIONS AND THE EFFECTS OF may be offered only in the order printed in the re- CLIMATE CHANGE port, may be offered only by a Member designated Committee on Natural Resources: Full Committee held in the report, shall be considered as read, shall be a hearing entitled ‘‘The Obama Administration’s debatable for the time specified in the report equally CEQ Recently Revised Draft Guidance for GHG divided and controlled by the proponent and an op- Emissions and the Effects of Climate Change’’. Testi- ponent, shall not be subject to amendment, and shall mony was heard from Christy Goldfuss, Managing not be subject to a demand for division of the ques- Director, Council on Environmental Quality; and tion. The rule waives all points of order against the public witnesses. amendments printed in the report or against amend- ments en bloc described in section 3 of the resolu- MISCELLANEOUS MEASURE; tion. In section 3, the rule provides that it shall be TRANSPORTATION SECURITY: ARE OUR in order at any time for the chair of the Committee AIRPORTS SAFE? on Armed Services or his designee to offer amend- Committee on Oversight and Government Reform: Full ments en bloc consisting of amendments printed in Committee held a markup on a bill to clarify the ef- the report not earlier disposed of. Amendments en fective date of the Border Patrol Agent Pay Reform bloc shall be considered as read, shall be debatable Act of 2014; and a hearing entitled ‘‘Transportation for 20 minutes equally divided and controlled by the Security: Are Our Airports Safe?’’. The bill to clarify chair and ranking minority member of the Com- the effective date of the Border Patrol Agent Pay mittee on Armed Services or their designees, shall Reform Act of 2014 was ordered reported, without not be subject to amendment, and shall not be sub- amendment. Testimony was heard from John Roth, ject to a demand for division of the question. The

VerDate Sep 11 2014 06:19 May 14, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D13MY5.REC D13MYPT1 SSpencer on DSK4SPTVN1PROD with DIGEST May 13, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D533 rule provides one motion to recommit with or with- Sloan Gibson, Deputy Secretary, Department of Vet- out instructions. Testimony was heard from Chair- erans Affairs; and public witnesses. man Chabot and Representatives Coffman, Cooper, Brooks of Alabama, Johnson of Georgia, Fleming, Joint Meetings Walz, Nugent, Takai, Bridenstine, Russell, McGov- ern, Polis, Hastings, Young of Alaska, Maxine No joint committee meetings were held. Waters of California, Rohrabacher, Jackson Lee, Lee, f Fitzpatrick, Pascrell, Thompson of Pennsylvania, COMMITTEE MEETINGS FOR THURSDAY, Langevin, Dold, Schiff, Perry, Cicilline, Rothfus, MAY 14, 2015 Hahn, Brat, Adams of North Carolina, Clawson of Florida, Dingell, Sanford, Hardy, and Walker. (Committee meetings are open unless otherwise indicated) Senate NUCLEAR ENERGY INNOVATION AND THE NATIONAL LABS Committee on Agriculture, Nutrition, and Forestry: to hold hearings to examine regulatory issues impacting end-users Committee on Science, Space, and Technology: Sub- and market liquidity, 10 a.m., SD–106. committee on Energy held a hearing entitled ‘‘Nu- Committee on Appropriations: Subcommittee on Depart- clear Energy Innovation and the National Labs’’. ments of Labor, Health and Human Services, and Edu- Testimony was heard from public witnesses. cation, and Related Agencies, to hold hearings to examine proposed budget estimates and justification for fiscal year MISCELLANEOUS MEASURES 2016 for the National Labor Relations Board, 10 a.m., SD–124. Committee on Science, Space, and Technology: Full Com- Committee on Armed Services: closed business meeting to mittee held a markup on H.R. 2262, the ‘‘Spurring continue to markup the proposed National Defense Au- Private Aerospace Competitiveness and Entrepreneur- thorization Act for fiscal year 2016, 9:30 a.m., SR–222. ship Act of 2015’’; H.R. 1508, the ‘‘Space Resource Committee on Energy and Natural Resources: to hold hear- Exploration and Utilization Act of 2015’’; H.R. ings to examine S. 411, to authorize the approval of nat- 2261, the ‘‘Commercial Remote Sensing Act of ural gas pipelines and establish deadlines and expedite 2015’’; and H.R. 2263, the ‘‘Office of Space Com- permits for certain natural gas gathering lines on Federal merce Act’’. The following bills were ordered re- land and Indian land, S. 485, to prohibit the use of emi- ported, as amended: H.R. 2262, H.R. 1508, and nent domain in carrying out certain projects, S. 1017, to H.R. 2261. H.R. 2263 was ordered reported, with- amend the Federal Power Act to improve the siting of interstate electric transmission facilities, S. 1037, to ex- out amendment. pand the provisions for termination of mandatory pur- BRIDGING THE SMALL BUSINESS CAPITAL chase requirements under the Public Utility Regulatory GAP: PEER-TO-PEER LENDING Policies Act of 1978, S. 1196, to amend the Mineral Leasing Act to authorize the Secretary of the Interior to Committee on Small Business: Full Committee held a grant rights-of-ways on Federal land, S. 1201, to advance hearing entitled ‘‘Bridging the Small Business Cap- the integration of clean distributed energy into electric ital Gap: Peer-to-Peer Lending’’. Testimony was grids, S. 1202, to amend the Public Utility Regulatory heard from public witnesses. Policies Act of 1978 to assist States in adopting updated interconnection procedures and tariff schedules and stand- THE 35TH ANNIVERSARY OF THE ards for supplemental, backup, and standby power fees for STAGGERS RAIL ACT: RAILROAD projects for combined heat and power technology and DEREGULATION PAST, PRESENT, AND waste heat to power technology, S. 1207, to direct the FUTURE Secretary of Energy to establish a grant program under which the Secretary shall make grants to eligible partner- Committee on Transportation and Infrastructure: Sub- ships to provide for the transformation of the electric grid committee on Railroads, Pipelines, and Hazardous by the year 2030, S. 1210, to provide for the timely con- Materials held a hearing entitled ‘‘The 35th Anni- sideration of all licenses, permits, and approvals required versary of the Staggers Rail Act: Railroad Deregula- under Federal law with respect to oil and gas production tion Past, Present, and Future’’. Testimony was and distribution, S. 1213, to amend the Public Utility heard from Debra Miller, Acting Chairman, Surface Regulatory Policies Act of 1978 and the Federal Power Transportation Board; and public witnesses. Act to facilitate the free market for distributed energy re- sources, S. 1217, to establish an Interagency Rapid Re- ASSESSING THE PROMISE AND PROGRESS sponse Team for Transmission, to establish an Office of OF THE CHOICE PROGRAM Transmission Ombudsperson, S. 1219, to amend the Pub- lic Utility Regulatory Policies Act of 1978 to provide for Committee on Veterans’ Affairs: Full Committee held a the safe and reliable interconnection of distributed re- hearing entitled ‘‘Assessing the Promise and Progress sources and to provide for the examination of the effects of the Choice Program’’. Testimony was heard from of net metering, S. 1220, to improve the distribution of

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energy in the United States, S. 1225, to improve Federal Subcommittee on Environment and the Economy, land management, resource conservation, environmental markup on the ‘‘TSCA Modernization Act of 2015’’, 12 protection, and use of Federal real property, by requiring p.m., 2123 Rayburn. the Secretary of the Interior to develop a multipurpose ca- Committee on Financial Services, Full Committee, hearing dastre of Federal real property and identifying inaccurate, entitled ‘‘Protecting Consumers: Financial Data Security duplicate, and out-of-date Federal land inventories, S. in the Age of Computer Hackers’’, 10 a.m., 2128 Ray- 1227, to require the Secretary of Energy to develop an burn. implementation strategy to promote the development of Subcommittee on Housing and Insurance, hearing enti- hybrid micro-grid systems for isolated communities, S. tled ‘‘TILA-RESPA Integrated Disclosure: Examining the 1228, to require approval for the construction, connec- Costs and Benefits of Changes to the Real Estate Settle- tion, operation, or maintenance of oil or natural gas pipe- ment Process’’, 2 p.m., 2128 Rayburn. lines or electric transmission facilities at the national Committee on Foreign Affairs, Full Committee, hearing boundary of the United States for the import or export entitled ‘‘Advancing U.S. Economic Interests in Asia’’, 10 of oil, natural gas, or electricity to or from Canada or a.m., 2172 Rayburn. Mexico, S. 1231, to require congressional notification for Subcommittee on the Western Hemisphere, hearing certain Strategic Petroleum Reserve operations and to de- entitled ‘‘Energy Revolution in the Western Hemisphere: termine options available for the continued operation of Opportunities and Challenges for the U.S.’’, 2 p.m., 2200 the Strategic Petroleum Reserve, S. 1232, to amend the Rayburn. Energy Independence and Security Act of 2007 to modify Subcommittee on Africa, Global Health, Global provisions relating to smart grid modernization, S. 1233, Human Rights, and International Organizations, markup to amend the Public Utility Regulatory Policies Act of on H.R. 2140, to promote freedom, human rights, and 1978 to expand the electric rate-setting authority of the rule of law as part of United States-Vietnam relations; States, S. 1237, to amend the Natural Gas Act to limit and H. Res. 213, condemning the April 2015 terrorist the authority of the Secretary of Energy to approve cer- attack at the Garissa University College in Garissa, tain proposals relating to export activities of liquefied Kenya, and reaffirming the United States support for the natural gas terminals, S. 1242, to amend the Natural Gas people and Government of Kenya, and for other purposes; Act to require the Federal Energy Regulatory Commis- hearing entitled ‘‘A Pathway to Freedom: Rescue and sion to consider regional constraints in natural gas supply Refuge for Sex Trafficking Victims, 2 p.m., 2172 Ray- and whether a proposed LNG terminal would benefit re- burn. gional consumers of natural gas before approving or dis- Committee on Homeland Security, Subcommittee on Emer- approving an application for the LNG terminal, and S. gency Preparedness, Response, and Communications, 1243, to facilitate modernizing the electric grid, 10 a.m., markup on H.R. 1300, the ‘‘First Responder Anthrax SD–366. Preparedness Act’’; H.R. 2200, the ‘‘CBRN Intelligence Committee on Finance: to hold hearings to examine a and Information Sharing Act of 2015’’; and H.R. 2206, pathway to improving care for Medicare patients with the ‘‘State Wide Interoperable Communications Enhance- chronic conditions, 10 a.m., SD–215. ment Act’’, 10 a.m., 311 Cannon. Committee on Foreign Relations: Subcommittee on East Committee on the Judiciary, Full Committee, markup on Asia, the Pacific, and International Cybersecurity Policy, H.R. 758, the ‘‘Lawsuit Abuse Reduction Act (LARA) of to hold hearings to examine cybersecurity, focusing on 2015’’; H.R. 526, the ‘‘Furthering Asbestos Claim Trans- setting the rules for responsible global cyber behavior, 10 parency (FACT) Act of 2015’’; and H. Con. Res. 13, ex- a.m., SD–419. pressing the sense of Congress that the radical Islamic Select Committee on Intelligence: to receive a closed brief- movement in Afghanistan known as the Taliban should ing on certain intelligence matters, 2:30 p.m., SH–219. be recognized official as a foreign terrorist organization by the United States Government, 10 a.m., 2141 Rayburn. House Committee on Natural Resources, Subcommittee on Federal Committee on Agriculture, Full Committee, markup on a Lands, hearing entitled ‘‘Litigation and Increased bill to reauthorize the Commodity Futures Trading Com- Planning’s Impact on Our Nation’s Overgrown, Fire- mission, 10 a.m., 1300 Longworth. Prone National Forests’’, 9:30 a.m., 1324 Longworth. Committee on Appropriations, Subcommittee on Com- Subcommittee on Energy and Mineral Resources, hear- merce, Justice, Science, and Related Agencies, markup on ing on H.R. 1644, the ‘‘Supporting Transparent Regu- Commerce, Justice, Science, and Related Agencies Appro- latory and Environmental Actions in Mining Act’’, 10 priations Bill, FY 2016, 10:30 a.m., H–140 Capitol. a.m., 1334 Longworth. Committee on Education and the Workforce, Full Com- Subcommittee on Indian, Insular and Alaska Native mittee, hearing entitled ‘‘Examining the Federal Govern- Affairs, hearing entitled ‘‘Inadequate Standards for Trust ment’s Mismanagement of Native American Schools’’, Land Acquisition in the Indian Reorganization Act of 10:30 a.m., 2175 Rayburn. 1934’’, 2 p.m., 1334 Longworth. Committee on Energy and Commerce, Subcommittee on Committee on Oversight and Government Reform, Full Com- Health, markup on the ‘‘21st Century Cures Act’’; and mittee, hearing entitled ‘‘U.S. Secret Service: Account- H.R. 1321, the ‘‘Microbead-Free Waters Act of 2015’’, ability for March 4, 2015 Misconduct’’, 2 p.m., 2154 10 a.m., 2123 Rayburn. Rayburn.

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Committee on Transportation and Infrastructure, Sub- ery Act of 2015’’; H.R. 1414, the ‘‘Pay As You Rate committee on Coast Guard and Maritime Transportation, Act’’; H.R. 1569, to amend title 38, United States Code, hearing entitled ‘‘Coast Guard Major Acquisitions’’, 10:30 to clarify that the estate of a deceased veteran may receive a.m., 2253 Rayburn. certain accrued benefits upon the death of the veteran, Committee on Veterans’ Affairs, Subcommittee on Over- and for other purposes; and H.R. 1607, the ‘‘Ruth Moore sight and Investigations, hearing entitled ‘‘Waste, Fraud, Act of 2015’’, 2 p.m., 334 Cannon. and Abuse in VA’s Purchase Card Program’’, 10:30 a.m., 334 Cannon. Joint Meetings Subcommittee on Disability Assistance and Memorial Affairs, markup on H.R. 675, the ‘‘Veterans’ Compensa- Joint Committee on the Library: organizational business tion Cost-of-Living Adjustment Act of 2015’’; H.R. 677, meeting to consider committee’s rules of procedure for the ‘‘American Heroes COLA Act of 2015’’; H.R. 732, the 114th Congress, 3:40 p.m., SC–4, Capitol. the ‘‘Veterans Access to Speedy Review Act’’; H.R. 1067, Joint Committee on Printing: organizational business the ‘‘U.S. Court of Appeals for Veterans Claims Reform meeting to consider committee’s rules of procedure for Act’’; H.R. 1331, the ‘‘Quicker Veterans Benefits Deliv- the 114th Congress, 3:50 p.m., SC–4, Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 14 10 a.m., Thursday, May 14

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Continue consideration of H.R. morning business (not to extend beyond 10 a.m.), Senate 1734—National Defense Authorization Act for Fiscal will begin consideration of H.R. 1295, IRS Bureaucracy Year 2016 (Subject to a Rule). Consideration of bills Reduction and Judicial Review Act, and H.R. 644, under suspension of the rules. America Gives More Act, en bloc, and vote on passage of the bills at 12 p.m. At approximately 2 p.m., Senate will vote on the mo- tion to invoke cloture on the motion to proceed to con- sideration of H.R. 1314, Ensuring Tax Exempt Organiza- tions the Right to Appeal Act, upon reconsideration.

Extensions of Remarks, as inserted in this issue

HOUSE Garamendi, John, Calif., E688 McCollum, Betty, Minn., E696 Gohmert, Louie, Tex., E690 Meadows, Mark, N.C., E689, E695 Becerra, Xavier, Calif., E695 Goodlatte, Bob, Va., E691, E693 Messer, Luke, Ind., E690, E692 Boehner, John A., Ohio, E683 Hensarling, Jeb, Tex., E697 Norcross, Donald, N.J., E693 Brown, Corrine, Fla., E690, E697 Huffman, Jared, Calif., E688 Olson, Pete, Tex., E689, E693, E696 Byrne, Bradley, Ala., E688 Keating, William R., Mass., E694 Poe, Ted, Tex., E695 Capps, Lois, Calif., E691 Lance, Leonard, N.J., E692, E697 Rokita, Todd, Ind., E695 Coffman, Mike, Colo., E692 Latta, Robert E., Ohio, E689, E690, E691, E692, E694, Ryan, Tim, Ohio, E688, E694 Cohen, Steve, Tenn., E698 E695, E696, E697, E698 Thompson, Bennie G., Miss., E687, E689, E692, E694 DesJarlais, Scott, Tenn., E691 Lieu, Ted, Calif., E687, E693 Upton, Fred, Mich., E695 Diaz-Balart, Mario, Fla., E690 Luetkemeyer, Blaine, Mo., E697 Vela, Filemon, Tex., E698 Foster, Bill, Ill., E696 Marchant, Kenny, Tex., E693 Webster, Daniel, Fla., E689

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